Terms of Service
Last Updated February 14th, 2024
Welcome to EpicFlightAcademy.com! These Terms of Service (“Terms“), together with our Privacy Policy, constitute a written contract (the “Agreement“) between you and Epic Aviation Inc. dba Epic Flight Academy (“Epic,” “Company,” “we,” or “us“) governing your use of www.epicflightacademy.com (the “Website“) and/or any other mobile apps, sites, services or software provided by us (collectively, the “Service“). You acknowledge and agree that by registering, accessing, or using our Service that you are entering into a legally binding contract with Epic. If you do not agree with our Terms or Privacy Policy, please do not use this Website or any associated Service. These Terms are incorporated by reference into any quotes or other agreements offered to you by Epic Aviation Inc.
By using the Service, you represent that you are authorized to enter into this Agreement and that you are at least 18 years old.
These Terms contain provisions that require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and limit the remedies available to you in the event of a dispute. Please review Section 6 for full details.
GENERAL TERMS FOR ALL USERS
1. PRIVACY POLICY
We take your privacy very seriously; as such, our Privacy Policy is an important part of this Agreement. The Privacy Policy explains how we collect information from you and how we use and share that information to provide the Service.
2. QUALIFICATIONS
You must be at least eighteen (18) years old to create an account on the Website or use the Service. This restriction applies to all users.
3. YOUR USE OF THE SERVICE
License to Use the Service
Subject to your compliance with this Agreement, Epic grants you a non-exclusive, non-sublicensable, revocable, non-transferable license to access and use the Service. The license allows you to use the Service, but does not allow you to reproduce, duplicate, copy, modify, sell or otherwise exploit any portion of the Service without our prior express written consent. All rights not expressly granted in this Agreement are reserved by Epic.
Your Account
To use parts of the Service, you must create an account (your “Account“). You represent and warrant that all account information you provide is current, complete, and accurate and that you will update that information as necessary. You are responsible for maintaining the confidentiality of your account information, and you agree to notify Epic immediately of any unauthorized use of your account. We reserve the right to refuse, suspend, or terminate your account and license to use the Service, or take such other action as we deem necessary, in our discretion at any time for your suspected or actual breach of this Agreement or any applicable law.
Your Content
You may be authorized to post photos from your travels on the Website’s forum (collectively, “Content“). You are required to use common sense and are prohibited from posting any Content that infringes on the intellectual property rights of others, is illegal, obscene, threatening, defamatory, invades the privacy of others (e.g., doxing), contains a commercial solicitation or other form of “spam” messages, or otherwise violates the Prohibited Conduct section below. If you do one of these things, we may remove your Content—but we have no obligation to do so and we do not review user content as a matter of practice.
License to Display Your Content
You are always the owner of your Content; however, Epic requires the following license from you in order to be able to display your Content on the Website as expressly permitted by you—for example, to make your photos visible to others:
You grant to Epic a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute and display your Content throughout the world in any media now existing or created in the future.
You represent and warrant that you have all rights and permissions to grant the foregoing licenses.
Other Users’ Content
Epic respects the intellectual property rights of others. We follow the notice and takedown procedures in the Digital Millennium Copyright Act (“DMCA“). Additionally, we will terminate the accounts of repeat infringers in appropriate circumstances.
If you believe Content located on or linked to the Website violates your copyright, please immediately notify us by emailing us a DMCA takedown notice (“Infringement Notice“), providing the information described below. If we take action in response to an Infringement Notice, we will make a good faith attempt to contact the person or entity who made the Content available at the most recent email address they provided to us.
Under the DMCA, you may be held liable for damages based on material misrepresentations in your Infringement Notice. You must also make a good-faith evaluation of whether the use of your content is a fair use; fair uses are not infringing. If you are not sure if content located on or linked to by the Website infringes your copyright, you should first contact an attorney.
The DMCA requires that all Infringement Notices must include the following: (a) a signature, electronic or physical, of the copyright owner or a person authorized to act on their behalf; (b) an identification of the copyright claimed to have been infringed; (c) a description of the nature and location of the material that you claim to infringe your copyright, in sufficient detail to permit Epic to find and positively identify that material; (d) your name, address, telephone number, and email address; and (e) a statement by you: (i) that you believe in good faith that the use of the material that you claim to infringe your copyright is not authorized by law, or by the copyright owner or such owner’s agent; and, (ii) under penalty of perjury, that all of the information contained in your Infringement Notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf.
All Infringement Notices should be sent to [email protected] with the subject line “DMCA Notice”. If you believe your Content was removed by mistake, we also encourage you to contact us.
Epic will respond to all DMCA-compliant Infringement Notices, including, as required or appropriate, by removing the offending material or disabling all links to the offending material.
Prohibited Conduct
Epic imposes certain restrictions on your use of the Service. By using or accessing the Service, you represent warrant, and agree that you will not:
- provide any false, misleading, or inaccurate information, create more than one Account, transfer your Account, create an Account for anyone other than yourself, or create an Account without authorization;
- do anything that could disable, overburden or impair the proper working order of the Website or Service;
- attempt to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization;
- use any robot, spider, scraper or other automated means to access the Website;
- send spam or any other unauthorized advertisements or solicitations through or using the Website or Service;
- harvest or otherwise collect or use information about users, including addresses, phone numbers or email addresses;
- solicit private information (including passport information, social security numbers, credit card numbers and passwords) from users;
- use the Website, Services, or your Account for any commercial purpose;
- intimidate or harass users;
- do anything that is illegal, infringing, fraudulent, malicious or could expose us or users to harm or liability including, without limitation, violating any law or prison rule or regulation or assisting an inmate in doing so; or
- attempt, encourage or facilitate any of the above.
4. INTELLECTUAL PROPERTY
Epic Flight Academy, the Epic Flight Academy logo, the Epic Flight Academy website domain(s), and all content and other materials available through the Website and Service, exclusive of third-party content and user content (collectively, the “Company IP“) are the trademarks, copyrights, and intellectual property of and owned by Epic Aviation Inc. or its licensors and suppliers. Neither your use of the Service nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the Company IP. You agree that any goodwill in the Company IP generated because of your use of the Service will inure to the benefit of Epic, and you agree to assign, and do assign, all such goodwill to Epic. You shall not at any time, nor shall you assist others to, challenge Epic’s right, title, or interest in, or the validity of, the Company IP.
5. PAYMENT
You agree to pay Epic all fees associated with your use of the Service (“Fees“), as indicated to you at the time you agree to such Fees (such as if you are an international student, when you apply for a Visa). All transmissions of payment information through the Website are secured with Internet-standard TLS (also known as HTTPS) encryption. Epic does not verify account information, process any payments, or store your billing information itself; instead, these services are provided through the Website by Epic’s trusted Third Party “Payment Processors,” and you may be redirected to their website and/or required to agree to separate third party terms to complete your payment transaction.
6. HOUSING ACCOMMODATION TERMS: LIABILITY RELEASE AND RISK ACKNOWLEDGMENT FOR LANDLORDS
This Housing Accommodation Terms section specifically addresses landlords, homeowners, and any individuals or entities (hereinafter referred to as “Providers”) offering housing accommodations to students of Epic. This section forms an integral part of the Agreement between Providers and Epic, as detailed in our Terms of Service and Privacy Policy governing the use of the Website and Service.
1. Voluntary Participation
Providers acknowledge that their decision to rent or lease property to Epic’s students is made voluntarily, with comprehensive understanding of the inherent risks. This arrangement is exclusively between the Providers and the student tenants, without any legal or financial obligation on Epic’s part.
2. Comprehensive Release of Liability
Providers expressly release, discharge, and hold harmless Epic, including its subsidiaries, affiliates, officers, directors, employees, agents, and successors, from any and all forms of claims, liabilities, damages, or demands—whether legal, financial, or otherwise—that may arise from the rental or leasing of property to students facilitated by Epic. This includes, but is not limited to, disputes between Providers and tenants, property damage, personal injury, and financial loss, acknowledging that this release is subject to the limits of applicable law.
3. Explicit Assumption of Risk
Providers recognize and assume all risks associated with renting property, including potential property damage, disputes over non-payment of rent, and other unforeseen risks. This acknowledgment covers both known and unknown risks associated with providing housing to students.
4. Legal Compliance and Responsibility
Providers confirm their sole responsibility for complying with all applicable local laws, regulations, and ordinances governing property rental or leasing, including housing standards, anti-discrimination laws, and tenant rights. Providers are also solely responsible for vetting potential tenants, encouraged to undertake this process with diligence and discretion.
5. Clarification of Relationship
This agreement does not establish an agency, partnership, joint venture, or any legal association between Epic and the Providers, except for facilitating connections between Providers and potential student tenants. Providers and Epic operate as independent entities in this context.
6. Acknowledgment and Agreement
By offering housing through Epic’s platform, Providers signify their comprehensive understanding and voluntary acceptance of these terms, acknowledging the legal responsibilities and risks involved. Providers agree to these terms, fully aware of their implications.
Modifications and Precedence
This section, as part of the broader Terms of Service, may be updated or modified by Epic. In cases of conflict between this section and other parts of the Terms of Service or Privacy Policy, the terms within this section will take precedence regarding housing accommodations.
Jurisdictional Considerations
Providers acknowledge that local laws may impose additional requirements or limitations on these terms and are responsible for adhering to such laws. This section’s applicability may vary by jurisdiction, and Providers should consult local legal advice to ensure compliance.
7. DISPUTE RESOLUTION
This section governs any dispute between you and us, and how that dispute will be legally resolved, if necessary. Remember these dispute resolution provisions only apply to disputes between you and Epic.
Governing Law and Venue
This Agreement shall be governed by and construed in accordance with the laws of Florida without regard to its conflict of law principles.
Subject to and without waiving the arbitration agreement below, the proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to New Smyrna Beach, Florida (a “Court of Competent Jurisdiction“). You and Epic stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts and submit to extraterritorial service of process.
Arbitration
If you and Epic cannot resolve a dispute through negotiations, either one may choose to have the dispute exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).
Arbitration is an alternative dispute resolution procedure that is often faster and more final than litigating a matter in court. By agreeing to arbitration, we are each giving up our right to sue in court or to have a jury trial.
The arbitration shall be commenced and conducted through JAMS (www.jamsadr.com) under its Streamlined Rules, as modified by this arbitration provision. The parties shall each participate in the selection of a neutral arbitrator pursuant to the Streamlined Rules. If JAMS is unavailable to arbitrate, you and Epic agree to arbitrate using an alternative arbitral forum. All remedies available to the parties under applicable laws shall remain available in arbitration. All issues, including the interpretation and enforceability of this arbitration provision, shall be determined by the arbitrator. Unless you and Epic agree otherwise in writing, the final arbitration hearing shall take place in person at the JAMS facility located in or nearest to your city of residence, provided that either party may elect to have the arbitration conducted by video conference or telephone. If you initiate arbitration against Epic, you will be required to pay an initial fee of $250 (unless you qualify for a waiver), and all other arbitration costs (including any remaining Case Management Fee and fees for the arbitrator’s services) shall be paid as determined by the arbitrator. If Epic initiates arbitration against you, Epic shall pay all costs associated with the arbitration. Regardless, you and Epic will each pay your own attorney’s fees and costs unless an award of attorney’s fees is available under applicable statute.
The arbitrator’s award will consist of a written statement stating the disposition of each claim. The award will also provide a concise written statement of the essential findings and conclusions on which the award is based. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may seek relief in a Court of Competent Jurisdiction to stay proceedings pending arbitration, to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator, or for injunctive relief in aid of arbitration. You agree that without this provision, you would have the right to sue in court with a jury trial.
No Class Actions Allowed
You and Epic agree that any arbitration or other legal action shall be limited to the two of us as parties, and any joinder of other parties is not allowed. This means that you cannot participate in any sort of representative proceeding against Epic, including as a plaintiff or class member in any purported class action.
Court Action to Assist Arbitration
Even though we are agreeing to arbitration, you and Epic will both be allowed to seek relief from a Court of Competent Jurisdiction in aid of arbitration. For example, a court proceeding would be allowed to stay a court action, compel arbitration, confirm an arbitration award, or seek injunctive relief, whether temporary or permanent.
8. CHANGES TO TERMS AND PRIVACY POLICY
Internet technology and the applicable laws, rules, and regulations change frequently. Epic reserves the right to change this Agreement and the Privacy Policy at any time upon notice to you (including by posting a new version or sending you a change notice to your email address of record, where required by law). It is your responsibility to review this Agreement and the Privacy Policy periodically.
9. TERMINATION OF SERVICE/ACCESS
We reserve the right to change the contents of this Website or to discontinue or change the Service at any time, as well as the right to deny access to the Website to any person whom we have reasonable grounds to believe may be using the Website for an unlawful or unauthorized purpose or in a manner that may harm us. Epic shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service made available through this Website. Sections intended to survive, including regarding dispute resolution, disclaimers, limitations of warranties and liability, intellectual property (other than your license to use the Service), and miscellaneous terms, shall expressly survive any termination of this Agreement.
10. ASSUMPTION OF RISK; INDEMNIFICATION
You knowingly and freely assume all risk when using the Service. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Epic and its parents, subsidiaries, affiliated companies, employees, agents, officers, owners, directors, successors, and assigns (who shall be third-party beneficiaries of this provision) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages, loss, or harm, whether to you or to third parties, relating to your actions, or use of the Service.
11. DISCLAIMERS, LIMITATIONS OF LIABILITY
Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, EPIC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND SERVICE, ARISING BY OPERATION OF LAW OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY AND ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT IN ADDITION TO ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. NEITHER EPIC NOR ITS LICENSORS OR SUPPLIERS’ WARRANTS THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE AND/OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. EPIC DISCLAIMS ALL IMPLIED LIABILITY FOR DAMAGES ARISING OUT OF THE FURNISHING OF THE WEBSITE OR SERVICE PURSUANT TO THIS AGREEMENT.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EPIC OR ITS LICENSORS OR SUPPLIERS BE LIABLE TO YOU FOR ANY CLAIMS ARISING FROM YOUR USE OF THE WEBSITE OR SERVICE, INCLUDING WITHOUT LIMITATION FOR SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. YOU AGREE THAT THIS LIMITATION OF LIABILITY REPRESENTS A REASONABLE ALLOCATION OF RISK AND IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN EPIC AND YOU. THE SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS.
EPIC’S LIABILITY FOR ANY CLAIM MADE BY A USER RELATING TO THE SERVICE IS LIMITED TO SOLELY THE AMOUNT PAID BY YOU TO EPIC FOR UNUSED PORTIONS OF SUCH SERVICES OR FLIGHTS.
Application of Disclaimers
Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you might have additional rights. Epic’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Service or otherwise shall alter any of the disclaimers or limitations stated in this section.
12. THIRD-PARTY WEBSITES AND LINKS
References and links to products and services belonging to third parties are provided for your convenience and do not represent our endorsement of such products or services. Materials accessible from or provided to us by third parties are strictly the responsibility of the third party who added such materials or made them accessible. While we reserve the right to remove third-party materials, we do not assume any obligation to do so and disclaim any liability for failing to take such action.
13. GENERAL
Entire Agreement. This Agreement constitutes the entire agreement between Epic and you concerning your use of the Website and Service.
Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by a Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by a Court of Competent Jurisdiction to be invalid, void, or unenforceable.
No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.
Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of Epic. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.
Independent Contractors. You and Epic are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.
Third Party Beneficiaries. Except where expressly stated herein, there are no third-party beneficiaries to this Agreement.
Headings. The headings in this Agreement are for convenience only and shall have no legal or contractual effect.