1. Acceptance of Terms
   
   

   These Terms of Use (these “Terms”) govern your access to websites and related services operated by or on behalf of Set Jet Inc. (“Set Jet” “we” or “us”). These Terms are important and affect your legal rights, so please read them carefully. NOTE THAT THESE TERMS CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS AND LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF CERTAIN DISPUTES.

   By accessing or using www.setjet.com and our various related websites and services, including Set Jet memberships and flight services (collectively, the “Set Jet Services”), you agree to be bound by these Terms and all of the terms incorporated herein by reference. These Terms include two main sections: (1) General Terms & Conditions of Carriage; and (2) General Terms of Use. In addition, please also review the Set Jet Privacy Policy and the Charter Agreement of the Part 135 on-demand charter operators as arranged by Set Jet on behalf of its members.

2. General Terms & Conditions of Carriage
   1. In order to access and use certain features of the Set Jet Service, you need to become a Set Jet Member. To become a Set Jet Member, you must apply for Membership via the online application, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals, prior to being eligible to participate in the Set Jet private charter program. When registering to become a Set Jet Member you agree to (a) provide accurate, current and complete information, (b) maintain and promptly update, as necessary, your information, (c) be responsible for the acts or omissions of any third party who has authority to access or use the Set Jet Services on your behalf, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Set Jet Services. If you provide information that is untrue, inaccurate, not current or incomplete, we may suspend and/or terminate your current or future use of the Set Jet Services.
   2. By providing information and/or answering questions, you also consent to receive electronic communications from Set Jet (e.g., via email or by posting notices to the Set Jet Services). You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy.
   3. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein.
   4. All Set Jet Member Applicants will be security screened by a third-party security screening provider and must meet Set Jet’s, the Transportation Safety Administration’s (TSA), Set Jet’s Part 135 on-demand charter operators, as well as any other participating law enforcement agencies’ requirements, prior to being approved as a Set Jet Member.
   5. Set Jet in its sole and absolute discretion reserves the right to accept or decline any person as a Member of Set Jet at any time.
   6. To be a “Set Jet Member” you must:
      1. Be at least 18 years of age. *
      2. Be a U.S. Resident with a verifiable address. **
      3. Have a valid Email Address.
      4. Have a valid Driver’s License or Passport issued in the United States** with all information complete, accurate, and verifiable without fraud or security risk alerts.
      5. Have paid the one-time Security Check Fee at time of application.
      6. Have paid the Monthly Membership Fee at time of application, and subsequently upon each renewal of your Monthly Membership, on or before the expiration date.
      7. Be approved by Set Jet, the TSA, Set Jet’s Part 135 on-demand charter operators, as well as any other participating law enforcement agencies.
      * Minors will be allowed to become Members on a case-by-case basis in Set Jet’s sole and absolute discretion.
      ** Foreign Nationals with foreign passports or driver’s licenses may be allowed on a case-by-case basis in Set Jet’s sole and absolute discretion.
   7. We approve minors as Members on a case-by-case basis provided that the minor does not adversely impact the experience of any other Member while in the aircraft or any of the Set Jet facilities including, but not limited to, parking lots, lounges, Fixed Base Operators (FBOs), terminals, indoor facilities, and restrooms. Any person under the age of eighteen (18) is considered a minor. As applicable to all Set Jet Members, all minors above the age of two (2) are required to hold an active Set Jet Membership to fly with Set Jet.
   8. Minors under the age of two (2) are classified as Lap Children, per the Federal Aviation Association (FAA), and do not require a Membership to fly. You may travel with a Lap Child, provided that you notify Set Jet at least twenty-four (24) hours prior to flying. It is your sole responsibility to notify Set Jet of any Lap Children you will be traveling with via your Set Jet Member Portal at time of booking, email, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals. The information that will need to be provided to travel with a Lap Child includes the minor’s full legal name and date of birth for all flights between Set Jet’s regional domestic destination cities and a valid Passport for Set Jet’s international destination city of Cabo San Lucas, Mexico. In compliance with FAA regulations, Set Jet, at any point, reserves the right to request documentation to verify any Lap Child’s information including, but not limited to, a registered copy of a birth certificate.
   9. Minors over the age of five (5) are eligible to fly unaccompanied on a case-by-case basis, provided the minor’s parent and/or legal guardian completes the required Unaccompanied Minor Form at least twenty-four (24) hours prior to flying. As a Set Jet Member and the parent and/or legal guardian, it is your sole responsibility to notify Set Jet of any Unaccompanied Minors that will be traveling via their Set Jet Member Portal at time of booking, email, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals.
   10. Set Jet Membership requires a one-time Security Check Fee of $99.95. This Security Check Fee is non-refundable, and payment of the Security Check Fee must be paid in full at the time of application each time you apply or re-apply for Membership. This policy includes, but is not limited to, Set Jet Members that allow their Membership to lapse due to lack of payment of their Monthly Membership Fee, cancel their Membership, or place their Membership on hold.
   11. Set Jet’s Standard Membership requires a recurring Monthly Membership Fee of $99.95, with no minimum commitment, for flights between Set Jet’s regional domestic destination cities of Aspen, Las Vegas, Los Angeles, Orange County, Salt Lake City, San Diego, and Scottsdale, as well as Set Jet’s international destination city of Cabo San Lucas, Mexico. Set Jet’s Elite Membership requires a recurring Monthly Membership Fee of $999.95, with a twelve (12) month minimum commitment, for flights between Set Jet’s regional and international destination cities with additional benefits including up to two (2) complimentary flight changes per month, two (2) cancellations per month, two (2) thirty (30) day Standard Limited Memberships per month, and two (2) waived pet fees per month, as well as priority boarding. In the event you cancel your Elite Membership, and/or fail to honor the twelve (12) month minimum commitment, Set Jet will seek remedies, in its sole and absolute discretion, which may include permanently terminating your Elite Membership. Any paid Membership Fees are non-refundable, and you will not be liable for any unpaid Elite Monthly Membership Fees. The first month of your Monthly Membership Fee must be paid in full at the time of application. All Monthly Membership Fees are non-refundable.
   12. Your Set Jet Membership will be automatically renewed each month. As a Set Jet Member, it is your sole responsibility to contact Set Jet to cancel your Membership or place your Membership on hold via email, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals. In the event you do not contact Set Jet prior to five (5) days before the expiration of your Membership, your Membership will automatically be renewed and your credit, debit, or prepaid card on file will be charged the Monthly Membership Fee. Set Jet will automatically charge the Monthly Membership Fee to your credit, debit, or prepaid card account no earlier than three (3) days prior to the expiration date of your Membership.
   13. As a Standard Set Jet Member, you may purchase a thirty (30) day Standard Limited Membership for a travel companion for $99.95, plus the required one-time Security Check Fee of $99.95, for flights between Set Jet’s regional domestic destination cities of Aspen, Las Vegas, Los Angeles, Orange County, Salt Lake City, San Diego, and Scottsdale, as well as Set Jet’s international destination city of Cabo San Lucas, Mexico. As an Elite Member, you may also purchase a thirty (30) day Limited Elite Membership for $999.95, plus the required one-time Security Check Fee of $99.95 for flights between Set Jet’s regional and international destination cities. All thirty (30) day Limited Membership Fees are non-recurring and will only be charged once upon application. Each time you purchase a thirty (30) day Limited Membership for a travel companion, you will be required to pay the Security Check Fee of $99.95, even if that travel companion has previously been a Set Jet Member and their Membership has lapsed. Refer to Section Nine (9) of these Terms and Conditions for additional policy information on the Security Check Fee.
   14. Acceptable methods of payment for Membership Fees are limited to Visa, MasterCard, Discover, and American Express. No cash, checks, money orders, or cryptocurrency will be accepted.
   15. Set Jet Memberships are non-transferable. As a Set Jet Member, you may not give any person or entity access to the Set Jet Member Portal using your Membership information, including but not limited to, allowing any person or entity to log-in using your email address and password.
   16. Set Jet Memberships will be available to a limited number of Members based in each city in which Set Jet operates. Set Jet, in its sole and absolute discretion, may increase or decrease the total number of available Memberships in each city according to market demand and availability.
   17. Set Jet, in its sole and absolute discretion, may increase or decrease all Set Jet associated fees, including, but not limited to, Security Check Fees, Standard Monthly Membership Fees, Elite Monthly Membership Fees, and seat costs according to market demand, availability, and/or industry costs. Refer to Section Twenty-nine (29) of these Terms and Conditions for additional policy information on industry costs and associated fees.
   18. Set Jet is responsible solely for facilitating for you, as one of its approved Members, transportation via a third-party, independently owned and operated, Part 135 on-demand charter operators. Such operators reserve the right to accept or decline any person as a participant of the charter flight, even if the participant is an approved Member of Set Jet, or to change or withdraw from a charter flight, if deemed necessary. Such operators shall, at all times, maintain operational control of all flights and reserves the right to operate such flights in its sole and absolute discretion and in accordance with all local, state, and federal legal requirements. As part of the booking process, you will be required to agree to the Terms of the Charter Agreement of the Part 135 on-demand charter operators as arranged by Set Jet on behalf of its Members.
   19. Set Jet can, but is not required to, facilitate up to four (4) flights daily per available aircraft, between 7:00am and 12:00am, seven (7) days per week, three-hundred-sixty-five (365) days per year, between Set Jet’s regional domestic destination cities of Aspen, Las Vegas, Los Angeles, Orange County, Salt Lake City, San Diego, and Scottsdale, as well as Set Jet’s international destination city of Cabo San Lucas, Mexico. Set Jet, in its sole and absolute discretion, may add or remove certain destination cities according to Member requests, demand, and availability.
   20. As a Set Jet Member, you may originate a flight (i.e., you may be the first Member to purchase a seat on a flight). When you originate a flight, we term that “booking a flight.” When you book a flight, you are responsible for designating the departure city, the arrival city, as well as the date and time of the flight within our operators’ availability.
   21. When you book a flight, you must do so a minimum of twenty-four (24) hours prior to the desired departure time for regional domestic flights and seven (7) days prior to the desired departure time for international flights.
   22. When you book a flight, we term you as “Member One” for that flight.
   23. As a Set Jet Member, you may also purchase a seat on another Member’s existing flight (i.e., a flight which has already been originated by another Member as “Member One”). When you purchase a seat on another Member’s existing flight, we term that “buying a seat.”
   24. When you buy a seat, you must do so a minimum of sixty (60) minutes prior to the departure time designated by Member One for that flight.
   25. As a Set Jet Member, you may only book a flight or buy a seat via your Set Jet Member Portal online on Set Jet’s website, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals.
   26. When you book a flight (i.e., you are Member One), you acknowledge and agree that you are automatically making that flight available via Set Jet’s Member Portal online. Accordingly, you acknowledge and agree that you are making the remaining seats that you are not buying/using on that flight available for purchase to all other approved Set Jet Members through such searches via the Set Jet Member Portal.
   27. Set Jet does not adhere to any minimum passenger requirements for a flight to occur, i.e., if Member One books a flight and no additional Members buy any of the available seats and joins the flight, Set Jet’s Part 135 on-demand charter operators will operate the booked flight, barring any unforeseen circumstances wherein aircraft, crew, and/or other operational resources are hindered, in consideration of acts of God and inclement weather, and cannot perform the booked flight. Refer to Section Thirty-one (31) of these Terms and Conditions for additional policy information on unforeseen circumstances.
   28. All flight originations and seat purchases are available on a one-way basis, only. You may book two (2) one-way flights or buy two (2) one-way seats, or a combination thereof, simultaneously and facilitate the equivalent of a round trip.
   29. All flight originations or seat purchases must be made using an accepted credit, debit, or prepaid card only. Acceptable methods of payment are limited to Visa, MasterCard, Discover, and American Express. No cash, checks, money orders, or cryptocurrency will be accepted for flight originations or seat purchases.
   30. In some circumstances, departing costs and/or additional charter costs are billed to Set Jet by the Part 135 on-demand charter operators, airport owners, airport vendors, local and/or federal agencies, and/or other industry service providers, that cannot be anticipated by Set Jet prior to landing. Such departing costs can include but are not limited to, fees associated with de-icing the aircraft, cargo, security, landing, lavatory, and/or facility fees, which are represented in the base fare of your seat costs and others are identified as separate line-item charges. Additional charter costs may also vary based on travel destination, airport policies, and/or other factors. In order to offer Set Jet Members a fixed charter cost at booking, some of these costs are included in the base fare and others identified as separate line-item charges. The actual fees and costs incurred by Set Jet may vary from these line-item charges and Set Jet will not bill or refund any variances to Set Jet Members. Such additional charter costs can include but are not limited to, local and federal taxes, customs and immigration fees, departure and arrival fees, and/or handling fees. These fees and any fuel surcharge may be changed at Set Jet’s discretion. Any facility charge is established by Set Jet as a fee for non-transportation facility and Member support services and may also be changed at Set Jet’s discretion. If applicable, Set Jet will automatically charge these fees/costs to your credit, debit, or prepaid card account no earlier than three (3) days prior to the next billing period of your Membership.
   31. As a Set Jet Member, you may not falsely originate flights or make false seat purchases in anticipation of demand. If Set Jet determines that a Member has falsely originated flights or made false seats purchases to one or more destinations, on or about the same date, Set Jet may, without notice, cancel all such falsely booked flights or seats, as well as terminate the Membership of the individual who is facilitating such false flights or seat purchases.
   32. All flight originations and seat purchases are non-refundable and non-transferable, except in such cases where Set Jet makes a Major Change. Set Jet terms a “Major Change” as a change in the departure or return date, a change in the origin or destination city excluding Temporary Flight Restrictions (TFR’s), and/or a delay beyond six (6) or more hours. In the event you wish to cancel or change your flight, you must do so a minimum of seven (7) days prior to the departure time for domestic flights and ten (10) days prior to the departure time for international flights to be entitled to a flight credit on your account for the amount of your originally purchased flight. Flights purchased under Special Event Pricing are not eligible for flight credits.
   33. In the event you cancel, change, or miss your flight for any reason and do not use the original seat that you purchased, you will not be provided a credit or refund.
   34. In no event will Set Jet be liable for the substitution of aircraft.
   35. As a Set Jet Member, you must check-in no later than twenty (20) minutes prior to the booked departure time. In the event you fail to check-in on time, Set Jet reserves the right to deny boarding to prevent a delayed departure for other Members. In this circumstance, you will not be provided a credit or refund.
   36. As a Set Jet Member, you will not be provided with designated or assigned seats. All seats will be available on a first come, first served basis. Members are boarded into the aircraft in numerical order, based upon the order in which seats were purchased, with the exception of Elite Member status. Refer to Section Ten (10) of these Terms and Conditions for additional policy information on Elite Membership priority boarding.
   37. As a Set Jet Member, when you book a flight and/or buy a seat, you will be provided with an electronic copy of your receipt and itinerary via email. Set Jet offers several options which may be used to check-in. As a Set Jet Member, in order to check-in and board the aircraft, you agree to provide either an electronic copy or a printed hard copy of your itinerary, along with your valid Driver’s License or Passport. You will not be allowed to check-in and board the aircraft unless at least one of these approved check-in and boarding methods is presented in their proper form, upon request.
   38. As a Set Jet Member, when you book a flight and/or buy a seat, you will also be provided with an electronic copy of these Terms and Conditions, which must be agreed upon and acknowledged electronically. It is your sole responsibility to ensure, prior to boarding any Set Jet flight, that you have read and agreed to these Terms and Conditions. You will be denied boarding the aircraft unless you have agreed to the Terms and Conditions.
   39. To maintain a respectful atmosphere, Set Jet requests that all Members, as well as their children and guests, adhere to our Dress Code Policy. Preferred attire is respectful, appropriate, neat, and presentable. Dress to impress. Details of prohibited clothing are outlined in the section below:
       1. Workout attire such as sports bras and gym shorts are prohibited; athleisure, including yoga pants/leggings, is acceptable.
       2. Short shorts/skirts.
       3. Swimsuits or swim attire.
       4. Any exposed lingerie and undergarments, including collarless undershirts.
       5. Clothing and belongings emitting any offensive odors, clothing with words, images, or symbols that are vulgar or lewd, promote illegal drug use, or are likely to cause serious disruption.
       6. Flip-flops, house shoes, and slippers.
       7. Backward facing hats.
   40. Set Jet reserves the right to deny service to any Member who is inappropriately dressed. Multiple violations of the Dress Code Policy by a Member may result in a suspension of their Membership or other disciplinary action. Exceptions to the Dress Code Policy may be made for special or private events at the sole and absolute discretion of Set Jet management. Set Jet management reserves the right to change and/or update the Dress Code Policy at any time.
   41. As a Set Jet Member, you and your personal belongings are subject to random security screenings prior to boarding the aircraft, including but not limited to electronic search and hand search.
   42. As a Set Jet Member, you will be allowed to travel with a maximum of two (2) standard-sized bags, which must be checked, and one (1) personal belonging such as a purse, briefcase, or laptop case, which may be carried on. Each of the checked bags shall not exceed fifty (50) pounds. The weight of the personal belonging shall not exceed twenty (20) pounds. Carry-on items may be restricted. In such a case, your carry-on items will also be checked. All baggage must have outside baggage tags for identification. All baggage, checked and/or carry-on, is subject to random security screenings, including but not limited to electronic search and hand search. Additional baggage or personal belongings, above and beyond the maximum allowed, or which exceed the allowable weight limit, may be allowed on a case-by-case basis and require advance notice, as well as an additional fee of fifty dollars ($50) per bag or personal belonging for domestic flights and one-hundred dollars ($100) per bag or personal belonging for international flights.
   43. As a Set Jet Member, you will not be allowed to travel with any restricted or hazardous materials as defined in the TSA Prohibited Items List. You may not carry on firearms or weapons of any kind, food or alcoholic beverages, or contraband of any kind.
   44. As a Set Jet Member, you are allowed to travel with pets, provided that you notify Set Jet at least twenty-four (24) hours prior to flying. It is your sole responsibility to notify Set Jet of any pets you will be traveling with via your Set Jet Member Portal at time of booking, email, over the phone with the assistance of a Set Jet Member Services Representative, or in-person at one of Set Jet’s private terminals. Pets permitted include dogs, cats, and household birds. Any other pets will be considered on a case-by-case basis. Any individual pet in the cabin of the aircraft may be deemed one piece of carry-on luggage due to safety considerations. Please note that pets may be restricted from flying, particularly if a Member has purchased a seat prior to any pets being booked on the flight and that Member has advised Set Jet that they have a physician-diagnosed allergy to said pets. Set Jet reserves the right to deny boarding to any pets that do not meet the requirements stated in this Pet Policy. Details of our Pet Policy Fees are outlined in the section below:
       1. There is no charge for small pets up to twenty (20) pounds. Your pet must be small enough to fit comfortably in a pet carrier or in your lap during the flight.
       2. There is a Pet Fee of $200 for medium-size pets weighing twenty-one (21) pounds up to sixty (60) pounds each one-way flight.
       3. There is a Pet Fee of $350 for large-size pets over sixty-one (61) pounds each one-way flight.
   45. Please be advised that the following Set Jet Pet Policy is enforced:
       1. Member must always keep their pets on a leash and/or under control in a portable kennel while in the aircraft or any of the Set Jet facilities including, but not limited to, parking lots, lounges, Fixed Base Operators (FBOs), terminals, indoor facilities, and restrooms.
       2. If your pets do not fit on your lap on the aircraft, your pets must remain on the floor in front of your seat and not in the aisle.
       3. Pets and pet carriers are not allowed on aircraft seats, furniture, or Member lounge furniture.
       4. Please consider that there may be other pets present in the aircraft and/or facilities, which may impact your pet’s normal behavior.
       5. Any aggressive or disruptive behavior displayed by a Member’s pets may result in denying travel to both the Member and their pets. Disruptive behavior includes, but is not limited to, the following:
       6. Barking excessively and/or not responding to the owner’s commands.
       7. Aggressive behavior towards other Members, guests, pets, or staff and crew including, but not limited to biting, growling, snapping, lunging, and jumping.
       8. Occupying any aircraft seat.
       9. Eating off tables and/or any aircraft surface.
       10. Freely wandering without a leash.
       11. Having an “accident” on the aircraft, indoor area, or any place other than a designated pet relief area. Any cleanup associated with a Member’s pet having an “accident” is the sole responsibility of that Member and if necessary, that Member will be charged accordingly for any cleaning costs incurred.
   46. Use of any tobacco including smokeless tobacco products and all types of electronic smoking devices, with or without tobacco, are prohibited from any Set Jet facilities including aircraft, terminals, gates, lounges, and restrooms.
   47. As a Set Jet Member, in addition to being able to book flights and buy seats through Set Jet’s Member Portal, you are also entitled to exclusive benefits through certain third-party independently owned and operated hospitality, food and beverage, health and beauty, ground transportation, and other service providers. As such, you will have access to third-party respective products, services, materials, and websites. Use of such products, services, materials, and websites may require you to provide additional information, accept additional terms and conditions, and/or pay additional fees. In accessing such third-party websites and using such products, services, materials, and websites, you acknowledge and agree that Set Jet is not responsible for examining or evaluating the content, accuracy, completeness, timeliness, validity, copyright compliance, legality, fairness, decency, value, quality, and/or any other aspect of such products, services, materials, and websites. You also acknowledge and agree that Set Jet, its members, managers, affiliates, officers, employees, and representatives do not warrant or endorse and do not assume and do not have any liability or responsibility to you or any other person for any such third-party products, services, materials, and websites. Each third-party’s products, services, materials, and links to their websites are provided solely as a convenience to you. To the extent you choose to use or access such products, services, materials, and websites, you do so at your own initiative and are responsible for compliance with any related terms and conditions and applicable laws, both local and federal.
   48. In no event will Set Jet be liable for the unavailability, substitution, suspension, or removal of a third-party’s products, services, materials, and websites.
   49. In the sole and absolute discretion of Set Jet, you will be immediately terminated as a Set Jet Member if you:
       1. Engage in any conduct that Set Jet deems to be inappropriate and/or is a violation of applicable laws or regulations, both local and federal.
       2. Create or use a false identity for the purpose of misleading others, including but not limited to the submission of fraudulent Membership applications.
       3. Violate Set Jet activities, sponsored activities, networks, and/or services that could damage, disable, overburden, or otherwise impair or interfere with any operation or any party’s use of Set Jet. You may not attempt to gain unauthorized access to any Set Jet site or service, other accounts, computer systems, networks connected to Set Jet, and/or sponsored services, through hacking, password mining, and/or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Set Jet.
       4. Use any material or information, including images and videos in any manner that infringes any copyright, trademark, patent, trade secret, and/or other proprietary right of any party.
       5. Defame, abuse, harass, stalk, threaten, and/or otherwise violate the legal rights, such as rights of privacy and publicity, of others.
       6. Engage in any other conduct that Set Jet deems to be in conflict with these Terms and Conditions.
3. General Terms of Use
   1. Right to Access and Use the Set Jet Services and Content
      1. You must be 18 years of age or older and reside in the United States or any of its territories to use the Set Jet Services. By accepting these Terms, you represent that you have the legal authority to do so, and that, if you have accepted these Terms on behalf of any person or entity, you represent that you have legal authority to do so and that such person or entity agrees to be responsible to us if you or such person or entity violates these Terms. If you do not agree to every provision of these Terms, you may not, and we do not authorize you to, access or use the Set Jet Services or any features provided therein.
      2. By accessing or using the Set Jet Services, you represent and warrant that you have not been previously suspended or removed from the Set Jet Services or engaged in any activity that could result in suspension or removal from the Set Jet Services.
      3. You should not construe Set Jet’s publication of any content found on the Set Jet Services as an endorsement by Set Jet of the views expressed therein, or any warranty or guarantee of any strategy, recommendation, treatment, action, or application of medication or preparation made by the author of such content.
      4. We may revise these Terms at any time for any reason and may provide you notice of these changes by any reasonable means, including through the Set Jet Services. You can determine when we last updated these Terms by referring to the “Last Updated” legend at the top of these Terms. Except to the extent that your express consent to any revised Terms is required under applicable law, by continuing to access, browse or use the Set Jet Services, you agree to any revised Terms. If you do not agree to any revised Terms, you may not and we do not authorize you to use the Set Jet Services. We strongly recommend that you periodically visit this page to review these Terms.
      5. Unless otherwise indicated in writing by us, the Set Jet Services and all content and other materials contained therein, including, without limitation, any Set Jet service mark or logo and all designs, text, graphics, pictures, information, data, software, other files and the selection and arrangement thereof (collectively, “Content”) are the property of Set Jet or our licensors or users, as applicable, and are protected by U.S. and international copyright and other laws.
      6. Subject to these Terms, you are hereby granted a limited personal, revocable, non-exclusive, non-transferable, non-sublicensable right to access, view and make personal, non-commercial use of the Set Jet Services and Content. All rights not expressly granted herein are reserved. You do not acquire any ownership interest in the Set Jet Services or Content under these Terms, or any other rights thereto other than to use the Set Jet Services in accordance with the rights granted by, and subject to all terms, conditions and restrictions of these Terms.
      7. You do not have any right to, and you shall not, directly or indirectly: (a) sell, resell or use commercially the Set Jet Services or Content, (b) distribute, publicly perform or publicly display the Set Jet Services or any Content, (c) modify or otherwise make any derivative uses of the Set Jet Services or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than page caching) any portion of the Set Jet Services or Content, except as expressly permitted by us, (f) use the Set Jet Services to stalk, threaten, or otherwise violate the rights of others, including without limitation others’ privacy rights or rights of publicity; (g) interfere with the Set Jet Services or servers or networks used in connection with the Set Jet Services; or (h) use the Set Jet Services or Content other than for their intended purposes.
      8. Any use of the Set Jet Services or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the right of access and use granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly permitted herein, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Set Jet or any third party, whether by estoppel, implication or otherwise.
      9. You will not remove, alter or conceal any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying any Content and you will not reproduce, modify, adapt, prepare derivative works based on, perform, display, publish, distribute, transmit, broadcast, sell, license or otherwise exploit any Content.
      10. We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Set Jet Services (or any features or parts thereof) at any time.
   2. Trademarks
      1. The Set Jet logo, and any other Set Jet product or service names, trademarks, logos, or other indicia that may appear on the Set Jet Services (“Marks”) are the property of Set Jet or its subsidiaries, affiliates or third parties, and may not be copied, imitated or used, in whole or in part, without our prior written permission. Nothing contained in these Terms and/or the Set Jet Services shall be construed as granting, by implication or otherwise, any license or right to use any such Marks without the prior written permission of Set Jet or such third party that may own such Marks.
   3. Legal Requirements; Privacy Policy
      1. Our Privacy Policy describes how we handle the personal information you provide to us when you use the Set Jet Services. For an explanation of our privacy practices, please visit our Privacy Policy located at https://setjet.com/privacy-policy.
   4. User Content
      1. You are solely responsible and liable for all data, information, and other materials (“User Content”) that you submit, upload, post, e-mail or otherwise transmit (“Transmit”) in connection with the Set Jet Services. In addition, we have no control over, and shall have no liability for, any damages resulting from the use (including without limitation, republication) or misuse by any third party of information made public through the Set Jet Services. IF YOU CHOOSE TO SUBMIT TO US, OR OTHERWISE MAKE ANY USER CONTENT PUBLICLY AVAILABLE, YOU DO SO AT YOUR OWN RISK AND WE SHALL HAVE NO LIABILITY THEREFOR.
      2. You agree that you will not, and will not permit anyone else to, directly or indirectly: (a) Transmit any User Content that is unlawful, harmful, threatening, abusive, hateful, obscene, harassing, tortious, defamatory, libelous, slanderous, pornographic, profane, vulgar, offensive, lewd, invasive of another’s privacy or racially, ethnically or otherwise objectionable; (b) Transmit any User Content: (i) that you do not have the right to Transmit, under any law or contractual or fiduciary relationships, including, without limitation, any inside information or proprietary or confidential information; (ii) that infringes any patent, copyright, trademark or other intellectual property right or misappropriates any trade secret or right of privacy of any third-party; (iii) that constitutes unsolicited or unauthorized advertising or promotional materials, “spam,” “chain letters,” or pyramid schemes; or (iv) that contains any software routine, code, instruction or virus that is designed to disable, delete, modify, damage or erase software, hardware or data; or (c) forge headers or otherwise manipulate identifiers in order to disguise any User Content Transmitted through the Set Jet Services.
      3. Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Set Jet Services at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Set Jet Services at your sole cost and expense.
   5. Rights in User Content
      1. We do not claim any ownership interest in User Content. However, by uploading, posting or submitting User Content to the Set Jet Services or to our pages or feeds on third-party social media platforms (e.g., Set Jet’s Facebook page, LinkedIn page or Twitter feed), you hereby grant Set Jet a nonexclusive, royalty-free, worldwide, perpetual, irrevocable and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and publicly display your User Content, in whole or in part, in any manner or media and for any purpose whatsoever at our sole discretion, including, without limitation, for publicity, promotional, advertising, trade, business, illustration, artistic and other commercial and noncommercial purposes. However, Set Jet will only share personal information that you provide in accordance with our Privacy Policy.
      2. You agree that Set Jet may disclose or use any User Content for any purposes permitted under applicable law, including, but not limited to: (a) enforcing these Terms; (b) complying with any laws, regulations or rules of any federal, state or local government or agency; (c) responding to claims that any User Content violates the rights of third parties; or (d) protecting the rights or property of Set Jet, its customers or the public.
   6. Feedback
      1. Separate and apart from User Content, you can submit questions, comments, suggestions, ideas, original or creative materials or other information about Set Jet, or the Set Jet Services (collectively, “Feedback”). Feedback shall become the sole property of Set Jet. Set Jet shall own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and shall be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
   7. Third-Party Sites
      1. We have not reviewed all of the websites linked to the Set Jet Services and are not responsible for the content of any third-party pages, any other websites linked to the Set Jet Services, or any products or services offered by third parties. Nothing in the Set Jet Services, including, without limitation, any links to other websites, should be construed as an endorsement by Set Jet of any products, services or information of any other persons or companies. Your choice to access a link to any other website is at your own risk, and you agree to comply with all terms and conditions relating to such websites. Set Jet reserves the right not to link, or to remove the link, to a particular website at any time.
      2. Any links to third-party websites are provided as a convenience to you and are neither owned nor operated by Set Jet. We have no control over these linked websites and make no representations or warranties with respect to these linked websites or third-party products or services. Your viewing and use of any third-party websites is at your sole discretion and risk.
   8. Indemnification
      1. You shall indemnify, hold harmless, and, at Set Jet’s option, defend Set Jet and its affiliates and subsidiaries from and against any and all losses, damages, liabilities, costs (including reasonable attorneys’ fees) (“Losses”) incurred by Set Jet resulting from any third-party claim, suit, action or proceeding relating to or arising from your use of the Set Jet Services, any User Content, any Feedback you provide, any violation of these Terms by you, or any other act or omission by you, including your violation of any rights of another, arising from your use of the Set Jet Services or any of its features. You further agree that Set Jet shall have control of the defense or settlement of any third-party claims unless Set Jet exercises its option to require you to defend Set Jet. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Set Jet.
   9. General Disclaimers
      1. THE SET JET SERVICES AND THE CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, SET JET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SET JET SERVICES; (B) CONTENT; (C) USER CONTENT; OR (D) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO OR FROM THE SET JET SERVICES. SET JET HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, THAT ANY RESULTS WILL BE ACHIEVED, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS.
      2. SET JET DOES NOT REPRESENT OR WARRANT THAT THE SET JET SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SET JET SERVICES OR THE SERVERS THAT MAKE THE SET JET SERVICES AVAILABLE ARE FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. SET JET DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SET JET SERVICES IS ACCURATE, COMPLETE, OR USEFUL. YOU ACKNOWLEDGE THAT YOUR USE OF THE SET JET SERVICES IS AT YOUR SOLE RISK. SET JET DOES NOT WARRANT THAT YOUR USE OF THE SET JET SERVICES IS LAWFUL IN ANY PARTICULAR JURISDICTION. SET JET SPECIFICALLY DISCLAIMS ALL SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO YOU AND THESE TERMS.
      3. BY ACCESSING OR USING THE SET JET SERVICES YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SET JET SERVICES.
      4. SET JET, IN ITS SOLE AND ABSOLUTE DISCRETION, RESERVES THE RIGHT TO AMEND ANY OR ALL OF THESE TERMS AND CONDITIONS AT ANY TIME AND WITHOUT NOTICE. CONTINUED USE OF SET JET FOLLOWING ANY SUCH MODIFICATION SHALL CONSTITUTE YOUR ACCEPTANCE OF SUCH MODIFICATION.
   10. Limitation of Liability; Waiver
   1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SET JET AND ITS MEMBERS, MANAGERS, AFFILIATES, OFFICERS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES, OR ANY DAMAGES ARISING OUT OF YOUR PARTICIPATION WITH SET JET, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EXCEPT AS OTHERWISE PROVIDED HEREIN AND EVEN IF SET JET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE.
   2. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF SET JET ARISING OUT OF OR IN ANY WAY RELATED TO THE SET JET SERVICES EXCEED ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE SET JET’S SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF.
   3. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
   4. YOU HEREBY RELEASE SET JET FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIMS IN EXCESS OF THIS LIMITATION. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATION IN THIS SECTION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF YOUR SET JET MEMBERSHIP, YOUR SOLE AND EXCLUSIVE REMEDY IS TO CANCEL YOUR SET JET MEMBERSHIP.
   11. Arbitration
       1. PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH SET JET AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
       2. YOU AND SET JET AGREE THAT ANY DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATING IN ANY WAY TO THESE TERMS OR THE SET JET SERVICES SHALL BE FINALLY DECIDED BY BINDING ARBITRATION UNDER THE RULES OF THE AMERICAN ARBITRATION ASSOCIATION GOVERNING CONSUMER DISPUTES.
       3. Arbitration uses a single, neutral arbitrator to decide a dispute (instead of a judge or jury); arbitration allows for more limited discovery than in a court case; and the arbitration process and result is subject to very limited review by courts. In an arbitration you have the right, at your expense, to be represented by an attorney of your choosing. Arbitrators can award the same damages and relief under these Terms that a court can award under these Terms. You and Set Jet agree that any in-person arbitral hearing would occur in the United States in the same county and state as your billing address. Set Jet further agrees that your filing fee for an arbitration will be capped at the amount set by the American Arbitration Association. You agree that, by agreeing to these Terms, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Set Jet are each waiving the right to a trial by jury and/or to participate in a class action. This arbitration provision shall survive termination of these Terms and the termination of your use of the Set Jet Services. Further, unless both you and Set Jet agree otherwise, the arbitrator may not join or consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
   12. Class Action Waiver
       1. REGARDLESS OF THE FORUM, YOU AND SET JET AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
   13. Termination
       1. Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Set Jet Services at any time and for any or no reason, and you acknowledge and agree that in such event we shall have no liability or obligation to you.
   14. Governing Law and Jurisdiction
       1. Set Jet operates the Set Jet Services from Arizona, U.S.A. These Terms and the transactions they contemplate, including without limitation their interpretation, construction, performance and enforcement, shall be governed by the laws of the State of Arizona, U.S.A., including its statutes of limitations, but without reference to conflict or choice of law provisions. The International Convention on the Sale of Goods, and other international treaties that are not mandatory with respect to contracts made and performed entirely in Arizona shall not apply.
   15. Notice
       1. All notices, demands, or consents given by you under these Terms will be in writing and will be deemed given when delivered to Set Jet at the following contact: [email protected]. Any notices to you may be made via either e-mail or postal mail to the address in Set Jet’s records or via posting on the Set Jet Services. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing.
       2. Persons with disabilities who need assistance accessing these Terms may contact us as provided for in this Section, and depending on your individual needs, we will grant reasonable requests to furnish these Terms in an alternative format.
   16. Severability
       1. If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.
   17. Miscellaneous
       1. The Set Jet Services are hosted in the United States of America. If you are located outside of the United States of America and you contact us, please be advised that any information you provide to us will be transferred to the United States of America and that by submitting information, you explicitly authorize such transfer. These Terms constitute the entire agreement between you and Set Jet relating to your access to and use of the Set Jet Services. These Terms, and any rights granted hereunder, may not be transferred or assigned by you without the prior written consent of Set Jet. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Set Jet’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
4. CHARTER QUOTE TERMS and CONDITIONS
   1. GENERAL This quote is valid for 10 days from date of issue and is subject to availability of aircraft and crew. This quote is based on the specific aircraft model and tail number indicated. Should the aircraft become unavailable due to unforeseen circumstances, every effort will be made to secure a similar aircraft; your cost may vary accordingly. Itinerary changes are permitted, but are also subject to availability of aircraft and crew; your cost will be adjusted accordingly. By accepting any of the charter services referred to in this Quote, Charter Customer agrees to and accepts all of the terms and conditions contained herein, whether or not Customer actually signs below. Full payment is due prior to the origination of the charter or at time of cancellation.
   2. COSTS This quote is based on estimated flight times. Additional charges may be incurred if actual flight time exceeds estimated. Charter Customer is responsible for additional fees for late operations, hangar fees, ground transportation, flight phone use, requested catering, and deicing if necessary and will be billed after the flight. Final international fees may take up to six (6) months or more to be received and billed. Charter Customer is responsible for all incurred taxes.
   3. CANCELLATION Round Trips – Charter customer acknowledges that should the round trip flight cancel after it has been confirmed and scheduled a 25% cancellation fee will apply. If the round trip flight is cancelled within 48 hours of the original scheduled departure time a 50% cancellation fee will apply. If the round trip flight is cancelled within 24 hours of the original scheduled departure time a 100% cancellation fee will apply. One Way Trips – Charter customer acknowledges that should the one way flight cancel after it has been confirmed and scheduled a 100% cancellation fee will apply. Upon notice of cancellation these fees will be charged on the Charter Customer’s credit card as provided.
   4. OPERATIONAL CONTROL Aircraft offered by Charter are controlled under Title 14 CFR Part 119 Air Carrier Certificate No. FSEA011E; contract aircraft are operated under their respective FAA Air Carrier Certificates, in which case you shall hold harmless Charter against any and all losses.
   5. CREWMEMBER INTERFERANCE The client (including aviation brokers, passengers and passengers’’ representatives) understands that Federal Aviation Regulation Section 91.11 prohibits interference with crewmembers. Interference, within regulatory framework, includes: assault, threatening behavior, intimidation or interference. The operator will not accept any level of interference with crewmembers, including during the planning, preflight and post flight portions of a trip.
   6. INTERRUPTED FLIGHTS Charter shall not be liable for expenses incurred for a replacement aircraft in the case of mechanical interruptions; however, charges will only apply on the portions of the flight completed. If a flight does not reach its destination due to weather, ATC delay or circumstances beyond our control, charges will apply to any destination reached and the return flight of the aircraft and crew (with or without passengers) to home base. In the case of mechanical interruptions, Charter may, at its option, provide substitute transportation that may be charged as an additional fee.
   7. DISCLOSURES The Transportation Security Administration prohibits certain items from being carried onboard commercial aircraft. A brochure of the TSA’s Prohibited Items List can be viewed at http://www.tsa.gov/travelers/airtravel/prohibited/permitted-prohibited-items.shtm. Transportation of animals, medical oxygen, other hazards, or passengers requiring special assistance must be arranged in advance with the Charter Department. No smoking is permitted on any aircraft. A minimum fee of $1000 will be accessed if this is violated. Articles as per Regulation (EU) No. 2015/1998 Attachment

Revised: August 2023