Unmanned Safety Institute (USI)
Terms of Service

TERMS OF SERVICE
(Last Updated July 11, 2024)

Table of Contents 

Introduction
Accessing the Service 
Information Collected About You
Intellectual Property Rights and Ownership of Service 
Payment Terms
Accuracy of Information and Reliance of Information Posted
Linking to USI’s Service 
Linked Sites
Prohibited Uses
User Contributions 
Content Standards 
Geographic Restrictions
Disclaimers and Limitation of Liability 
Indemnification
Binding Arbitration of Most Disputes; No Class Relief
Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)
Additional Terms
Contact Us

Introduction

These Terms of Service (“Terms”) apply to and govern your access to and use of any website, mobile site or app, social media site, software, applications, email exchange of information, and any other digital platform, including any services, features, pages, and functions contained or offered therein, including any transactions, orders, sales, purchases, or the acquisition of goods or services (collectively the “Service”), that are owned, operated, or provided by Unmanned Safety Institute, Inc. d/b/a USI or its subsidiaries, divisions, and affiliates (“USI” or “we” or “us”). 

USI offers the Service, including all information, tools, services, goods, and products available through the Service, to you, conditioned upon your acceptance of all terms, conditions, policies, and notices stated herein or incorporated by reference. Please read these Terms carefully before making any transaction with USI or otherwise using our Service. 

By making any transaction or by visiting or otherwise using our Service, you acknowledge, accept, and agree to be bound and abide by these Terms and our Privacy Policy (which is incorporated herein by reference), both on your behalf, and on behalf of the company, government agency, or juridical entity that you are affiliated or associated with, and you represent and warrant that you have the authority to bind such entity to our Terms and Privacy Policy. If you do not have such authority, or if you do not agree to these Terms or our Privacy Policy, then accessing the Service is strictly prohibited, and you must immediately exit and cease using the Service.

By using the Service, you further agree that you are at least the legal age of majority in the jurisdiction in which you reside or, if you are not, that you are not under the age of thirteen and that you have otherwise obtained parental or guardian consent to use the Service for educational purposes. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) YOU ARE NOT AUTHORIZED TO USE THE SERVICE WITHOUT PARENTAL OR GUARDIAN CONSENT. IF YOU ARE UNDER THE AGE OF THIRTEEN YOU ARE NOT AUTHORIZED TO USE THE SERVICE, WITH OR WITHOUT PARENTAL OR GUARDIAN CONSENT. 

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Service. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the latest revision to these Terms is available at the top of this page.

THESE TERMS AFFECT YOUR LEGAL RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS, GOVERN YOUR USE OF THE SERVICE, ARE LEGALLY BINDING, LIMIT USI’S LIABILITY TO YOU, AND REQUIRE YOU TO INDEMNIFY USI AND TO SETTLE CERTAIN DISPUTES THROUGH ARBITRATION. YOUR CONTINUED USE OF THE SERVICE AFFIRMS YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OR ANY FUTURE MODIFICATIONS OR AMENDMENTS TO THESE TERMS, DO NOT USE OUR SERVICE.

These Terms are written in the English language. We do not guarantee the accuracy of any translated versions of these Terms. To the extent any translated versions of these Terms conflict with the English language version, the English language version of these Terms shall control.

Accessing the Service 

We reserve the right to withdraw or amend our Service at our sole discretion and without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to certain users.

As a condition of your use of the Service, you agree: 

•    to maintain the confidentiality of any account you use on or for the Service and any information related thereto, including usernames and passwords; 

•    that any information that you provide on the Service will be correct, current, and complete;

•    that you are solely responsible for all access to and use of the service by anyone using your account, username, password, or other identification or credentials, on or for the Service, whether or not such access to and use of the Service is actually authorized by you;

•    to notify us immediately of any unauthorized use of the Service, including any compromise of your account information or login credentials, and any other breach of security; 

•    to promptly change your password if you suspect it has been compromised; and
 
•    not to sell, transfer, or assign your account or any account rights. 

USI is not responsible for any unauthorized accounts that may appear on the Service, and in the event of any dispute as to account creation or authenticity, we shall have the sole right, but are not obligated, to resolve such dispute as we determine appropriate in our sole and exclusive discretion, with or without notice. We further reserve the right to take any action we deem necessary or reasonable to maintain the security of the Service or of any account, including without limitation, suspending, or terminating an account or a user’s access to the Service. While we will take prudent steps to protect all accounts and the security of information on the Service, you understand that we cannot protect your information outside of the Service. 

You also understand and agree that USI may assume that any transaction, order, purchase, or communications we receive through your account have been made or authorized by you. USI expressly disclaims any liability from misuse of any and all accounts, and in no event will we be held liable to you for any liabilities or damage resulting from or arising out of (i) any action or inaction taken under this provision; (ii) any compromise of the confidentiality of your account, username, password, or other identification or credentials; or (iii) any unauthorized access of your account or use of your username or password. You agree to defend, indemnify, and hold USI harmless from and against all third-party claims, damages, and expenses (including reasonable attorney’s fees) against or incurred by USI arising out of your breach of these Terms or violation of applicable law, your use or access of the Service, or access by anyone accessing the Service using your account, username, password, or other identification or credentials.

Information Collected About You

All information that you provide to us, including, but not limited to, through the use of any interactive features on the Service, or that we otherwise collect on the Service, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights and Ownership of Service

The Service and its entire contents, features, and functionality, including without limitation all information, copyrights, patents, trademarks, service marks, and trade names, as well as all logos, text, design, graphics, displays, video, logos, icons, images, audio, downloads, interfaces, code, and software, as well as the selection and arrangement thereof, and all other intellectual property (collectively, the “Content”), are all proprietary and owned or controlled by USI, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws to the fullest extent possible.

These Terms grant you a limited, revocable, nontransferable, nonexclusive license to use the Service and Content solely for your own personal, non-commercial use. You understand and agree that this license is not a transfer of title, right, or interest in the Service or Content, and that you are strictly prohibited from copying, modifying, recording, screen capturing, reproducing, publicly displaying, or attempting to decompile or reverse engineer the Service or Content; using the Service or Content for any commercial purpose; removing any copyright, trademark, or other proprietary notations from the Service or Content; and otherwise infringing upon the intellectual property rights of USI or its licensors. 

This license shall automatically terminate if you violate any of these restrictions, or any provision of the Terms, and may be terminated by USI at any time for any or no reason. Upon termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format and immediately cease all access and use of the Service. Except as expressly provided in these Terms, no assignments or license of intellectual property are granted by USI.

USI owns and uses several trademarks on the Service, including but not limited to USI, USI PRO, and VISTA, and all related names, logos, product and service names, designs, and slogans. You must not use such marks without the prior written permission of USI. All other names, logos, product and service names, designs, and slogans on the Service are the trademarks of their respective owners.

Payment Terms

Some features of the Service may require you to make certain payments—for example, to purchase products or services from USI. USI reserves the right to determine and change any payment term, rate, mechanism, or structure at any time with notice to you. By confirming any transaction, order, or purchase, you agree to accept and pay all costs and fees, including but not limited to any applicable taxes and shipping or handling fees.

USI may use third party services to process payments, which have their own separate terms of service. While USI will use commercially reasonable efforts to ensure the security of all payment information such as credit cards or bank account numbers, USI expressly disclaims any liability for any damage that may result should any third parties gain access to such information, and you agree to hold USI harmless for any damages that may result therefrom.

You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be current, complete, truthful, and accurate. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. Providing any untruthful or inaccurate information is a breach of these Terms and may result in cancellation of your account or termination of your access to and use of the Service. In addition, verification of information may be required prior to the acknowledgment or completion of any purchase or transaction. We reserve the right to refuse or cancel any purchase or transaction for any reason, including limitations on availability, inaccuracies, or errors in service or pricing information, or other problems identified by us, such as fraud.

If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

Accuracy of Information and Reliance on Information Posted 

USI attempts to ensure that information on this Service is complete, accurate, and current. However, despite our efforts, the information on the Service may occasionally be inaccurate, incomplete, or out of date. Additionally, while USI makes all reasonable efforts to accurately display the attributes of its products and services, we cannot and do not guarantee that any device will accurately display such attributes. 

Accordingly, we do not warrant the completeness, accuracy, timeliness, or usefulness of any information on this Service, which includes, but is not limited to, any information related to product or service specifications or pricing, and any reliance you place on such information is strictly at your own risk. The information and material presented on or through the Service is made available solely for general information purposes only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. The Service may also contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify our Content and the Service at any time, but we have no obligation to update our Content or Service. You agree that it is your responsibility to monitor changes to our Content and Service.

You also agree that the inclusion of any products or services on the Service at a particular time does not imply or warrant that these products or services will be available at any time. Pricing or availability errors may occur on the Service. The receipt of an order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. USI reserves the right to cancel any orders or transactions containing pricing or availability errors, with no further obligations to you, even after your receipt of an order confirmation or shipping notice from USI. We may, at our discretion, either contact you for instructions or cancel your order or transaction and notify you of such cancellation.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We further reserve the right to limit the quantities of any products that we offer. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the possession, use, and sale of any product or service obtained through the Service. You agree that any USI product or service obtained by you will only be used in a lawful manner. USI disclaims all liability and responsibility arising from any reliance placed on any materials or information on the Service. Additionally, to the extent that the Service includes content provided by third parties, you understand and agree that all statements and opinions expressed in such third-party information or materials are solely the statements, opinions, and responsibility of the third party providing such information or materials. Except as otherwise provided by us, these materials do not necessarily reflect the opinion of USI, and we are not responsible, or liable to you or any third party, for the content or accuracy of any information or materials provided by any third parties.

Linking to USI’s Service

Creating or maintaining any link to any page or portion of the Service, or running or displaying this Service or any Content in any format without USI’s prior written permission, is strictly prohibited. Any permitted links to this Service must comply with all applicable laws, rules, and regulations. In the event you are permitted to link to this Service, you must also do so in a way that is fair and legal and complies with our Terms, does not dishonestly damage our reputation or take advantage of it, and does not suggest any form of association, approval, or endorsement on our part. The website from which you are linking, or on which you make certain content accessible, must also comply in all respects with the Content Standards set out in these Terms. You agree to cooperate with us in immediately ceasing any unauthorized display or linking of our Service or Content. We reserve the right to withdraw permission without notice, and we may disable all or any social media features and any links at any time without notice in our discretion.

Linked Sites

The Service may provide links to other third-party websites (“Linked Sites”). USI has not reviewed all of the information on the Linked Sites, does not maintain Linked Sites, and cannot control the completeness, accuracy, or security of the content contained on any Linked Site, or the privacy policies of any Linked Site. The content, materials, and information contained on any Linked Site is solely the responsibility of the provider of that Linked Site. USI is not responsible for the contents of any such Linked Site, and the inclusion of any link to a Linked Site does not imply endorsement by USI of the Linked Site. The views and opinions expressed in Linked Sites are those of the authors or third parties and do not necessarily reflect the official policy or position of USI. 

If you decide to access any Linked Site, you do this entirely at your own risk. References to any names, marks, products, or services of any third parties, third-party information, or Linked Sites are provided solely as a convenience to you, and do not constitute or imply an endorsement, sponsorship, recommendation of, or affiliation with, the third party or its products and services. USI makes no representation or warranty as to any Linked Site content, products, or services, and you agree that USI shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such third-party content, products, or services available on or through any Linked Site or similar resource.

TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE SHALL UNDER NO CIRCUMSTANCES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR SPECIAL LOSS, OR OTHER DAMAGE, WHETHER ARISING FROM NEGLIGENCE, BREACH OF CONTRACT, DEFAMATION, INFRINGEMENT OF COPYRIGHT, OR OTHER INTELLECTUAL PROPERTY RIGHTS, CAUSED BY THE EXHIBITION, DISTRIBUTION, OR EXPLOITATION OF ANY INFORMATION OR CONTENT CONTAINED WITHIN ANY LINKED SITE.

Prohibited Uses

You may use the Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
•    In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
•    For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
•    To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
•    To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
•    To impersonate or attempt to impersonate USI, a USI employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
•    To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Service, or which, as determined by us, may harm USI or users of the Service, or expose them to liability.

Additionally, you agree not to:
•    Use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service.
•    Use any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service.
•    Use any manual process to monitor or copy any of the material on the Service, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
•    Use any device, software, or routine that interferes with the proper working of the Service.
•    Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
•    Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Service, the server on which the Service is stored, or any server, computer, or database connected to the Service.
•    Attack the Service via a denial-of-service attack or a distributed denial-of-service attack.
•    Otherwise attempt to interfere with the proper working of the Service.

User Contributions

The Service may contain interactive features that allow users to post, submit, publish, display, or transmit to USI, other users, or other persons content or materials (collectively, “User Contributions”) on or through the Service. Other than personally identifiable information, which is subject to our Privacy Policy, any such User Contributions, including but not limited to any creative material, information, suggestions, ideas, concepts, know-how, techniques, questions, comments, or other communications you transmit or post to or through this Service in any manner, is and will be considered non-confidential and non-proprietary. All User Contributions must comply with the Content Standards set out in these Terms.

Your User Contributions may be posted and transmitted to others at your own risk. We cannot control the actions of other users of the Service with whom you may choose to share your User Contributions. All User Contributions may be retained by us indefinitely, even after you terminate your account. By submitting any User Contributions, you grant to USI a perpetual, worldwide, irrevocable, non-exclusive, royalty-free license to use the User Contributions in any manner, including to create derivative works, without any compensation or notice to you. By providing any User Contribution on the Service, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, transmit, publish, broadcast, develop, manufacture, market, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose whatsoever. USI will have no liability related to any User Contributions.

You further represent and warrant that:
•    You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
•    All of your User Contributions do and will comply with these Terms.
•    You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not USI, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
•    We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Service.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

We have the right to:
•    Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
•    Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Service or the public, or could create liability for USI.
•    Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
•    Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Service.
•    Terminate or suspend your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms.
•    Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Service. YOU WAIVE AND HOLD HARMLESS USI AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
•    We cannot review all material before it is posted on or through the Service and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Content Standards

These content standards (the “Content Standards”) apply to any and all User Contributions and use of the Service. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
•    Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
•    Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
•    Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
•    Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
•    Be likely to deceive any person.
•    Promote any illegal activity, or advocate, promote, or assist any unlawful act.
•    Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
•    Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
•    Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
•    Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
•    Be posted through a false email address, while pretending to be someone other than yourself, or under any other circumstances that could mislead us or third parties as to the origin of any User Contribution.

Geographic Restrictions

USI is based in the United States; as such, we provide the Service for use only by persons located in the United States. We make no claims that the Service or any of its Content is accessible or appropriate outside of the United States. Access to the Service may not be legal by certain persons or in certain countries. If you access the Service from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers and Limitation of Liability

YOUR USE OF THE SERVICE IS AT YOUR RISK. THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE OR PURCHASED THROUGH THE SERVICE ARE PROVIDED TO YOU "AS IS" WITHOUT ANY EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND, AND WE DISCLAIM ALL STATUTORY OR IMPLIED REPRESENTATIONS, WARRANTIES, TERMS, AND CONDITIONS WITH RESPECT TO THE SERVICE AND ALL SERVICES, INFORMATION, GOODS, AND MATERIALS MADE AVAILABLE THROUGH THE SERVICE, INCLUDING THE REPRESENTATIONS AND WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AND TITLE, AND WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE SERVICE.

WE MAKE NO REPRESENTATION OR WARRANTY THAT THE SERVICE (OR ANY PART THEREOF) WILL BE ACCURATE, COMPLETE, OR ERROR-FREE, NOR THAT ANY PARTICULAR SOFTWARE OR HARDWARE, WILL BE COMPATIBLE WITH THE SERVICE, AND YOU HEREBY AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO (A) OBTAIN AND PAY FOR ANY SOFTWARE, HARDWARE AND SERVICES (INCLUDING INTERNET CONNECTIVITY) NEEDED TO ACCESS AND USE THE SERVICE AND (B) ENSURE THAT ANY SOFTWARE, HARDWARE, AND SERVICES THAT YOU USE WILL FUNCTION CORRECTLY WITH THE SERVICE. THE MATERIALS ON THE SERVICE MAY BE OUT OF DATE, AND USI MAKES NO COMMITMENT AND ASSUMES NO DUTY TO UPDATE SUCH MATERIALS. USI MAKES NO WARRANTY THAT THE SERVICE WILL BE AVAILABLE, UNINTERRUPTED, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT YOU WILL ACHIEVE SUCCESSFUL RESULTS FROM FOLLOWING ANY INSTRUCTIONS OR DIRECTIONS ON THE SERVICE. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SERVICE, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, TIMELINESS, OR USEFULNESS OF ANY INFORMATION OR MATERIALS MADE AVAILABLE THROUGH THE SERVICE. WITHOUT LIMITING THE FOREGOING, USI HEREBY EXPRESSLY DISCLAIMS ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. USI MAKES NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

ADDITIONALLY, IN NO EVENT WILL USI OR ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INCOME, LOSS OF USE, LOSS OF DATA, LOSS OF OTHER INTANGIBLES, BUSINESS INTERRUPTION, LOSS OF SECURITY OF INFORMATION YOU HAVE PROVIDED IN CONNECTION WITH YOUR USE OF THE SERVICE, PAIN AND SUFFERING, EMOTIONAL DISTRESS, UNAUTHORIZED INTERCEPTION OF ANY SUCH INFORMATION BY THIRD PARTIES, AND SIMILAR DAMAGES, EVEN IF USI HAS BEEN ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, SUCH DAMAGES WERE REASONABLY FORESEEABLE, OR USI WAS GROSSLY NEGLIGENT. 

FURTHER, USI AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, AND ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, ANY INFORMATION OR MATERIALS ON THE SERVICE, ANY LINKED SITES, OR THE MATERIALS, INFORMATION, OR SERVICES CONTAINED AT ANY OR ALL SUCH LINKED SITES. IN THE EVENT OF ANY PROBLEM WITH THE SERVICE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE SERVICE IS TO STOP USING THE SERVICE. MOREOVER, IN THE EVENT OF ANY PROBLEM OR DISSATISFACTION WITH THE PRODUCT OR SERVICE THAT YOU HAVE PURCHASED ON OR THROUGH THE SERVICE, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY, IF ANY, IS TO SEEK A RETURN AND REFUND FOR SUCH PRODUCT OR SERVICE. THE MAXIMUM LIABILITY OF USI AND ITS RESPECTIVE MEMBERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, SUCCESSORS, ASSIGNS, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, OR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION, OR TRANSMISSION OF THE SERVICE FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, REGARDLESS OF THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE, SHALL BE THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO US TO ACCESS AND USE THE SERVICE.

IT IS POSSIBLE THAT APPLICABLE LAW MAY NOT ALLOW FOR LIMITATIONS ON CERTAIN IMPLIED WARRANTIES OR EXCLUSIONS OR LIMITATIONS OF CERTAIN DAMAGES; SOLELY TO THE EXTENT THAT SUCH LAW APPLIES TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. IF APPLICABLE LAW PROHIBITS THE LIMITATION OR EXCLUSION OF A PARTY’S LIABILITY WITH RESPECT TO DEATH OR PERSONAL INJURY CAUSED BY SUCH PARTY’S NEGLIGENCE, FRAUD, OR ANY OTHER MATTER, THEN SUCH PARTY’S LIABILITY WILL NOT BE LIMITED OR EXCLUDED TO THE EXTENT OF SUCH PROHIBITION UNDER SUCH APPLICABLE LAW.

If you are a California resident, you agree to consciously waive all claims, both known and unknown that may be later discovered, to the maximum extent permitted by law, including but not limited to that permitted by California Civil Code Section 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.”

Indemnification

Except to the extent prohibited under applicable law, you agree to indemnify, defend, and hold harmless USI and its officers, directors, employees, and agents from and against any claims, losses, liabilities, damages, costs, or expenses, including attorneys’ fees and costs, that may arise from or in connection with (a) your use of, or activities in connection with, the Service, including use of any good, product, or service purchased through the Service, (b) violation of these Terms by you, including any misrepresentations made by you in connection with your use of the Service (c) your violation of any law or the rights of a third-party, and (d) the acts or omissions of any other user or third-party. If you fail to promptly indemnify and defend a covered claim, USI shall have the right to defend itself, and in such case, you shall promptly reimburse USI for all of its associated costs and expenses. USI reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification.

Binding Arbitration of Most Disputes; No Class Relief.

This section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and we agree that we intend that this section satisfies the “writing” requirement of the Federal Arbitration Act.

We believe that arbitration is a faster, more convenient, and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to these Terms, if you have any dispute or disagreement with us regarding (i) your use of or interaction with the Service, (ii) any subscriptions or other purchases, transactions or relationships related to your use of the Service, or (iii) any data or information you may provide to us or that we may gather in connection with such use, interaction, subscriptions, purchases, transactions or relationships (collectively, “Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with the Service, or engaging in any other Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using the Service, you agree that any complaint, dispute, or disagreement you may have against us, and any claim that we may have against you, arising out of, relating to, or connected in any way with these Terms or any Transactions or Relationships shall be resolved exclusively by final, confidential and binding arbitration (“Arbitration”) before a single arbitrator administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000, in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect that would be applicable to the matter in dispute, we agree to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of subpart (e) or (i) below. Furthermore, this section shall not prevent any party from seeking provisional remedies (that is, a temporary restraining order or preliminary injunction) from a court of appropriate jurisdiction. You further agree that:

a. Single Arbitrator.

The Arbitration shall be conducted before a single arbitrator selected in accordance with the Applicable Rules or by mutual agreement between you and us (the “Arbitrator”).

b. Arbitrator Will Interpret This Agreement.

The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms or these arbitration provisions, including but not limited to any claim that all or any part of these Terms is void or voidable.

c. Location of Arbitration.

The Arbitration shall be held either: (i) at a location determined pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and us; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000 in aggregate, by telephone or by written submission.

d. Governing Law.

The Arbitrator (i) shall apply internal laws of the State of Florida consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with Florida or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief.

e. No Class Relief.

The Arbitration can resolve only your or our individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated.

f. Written Award.

The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets.

g. Arbitration Costs.

In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith.

h. Reasonable Attorney’s Fees.

In the event you recover an Award greater than our last written settlement offer, the Arbitrator shall also have the right to include in the Award our reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but we shall in all events bear our own attorneys’ fees.

i. Interpretation and Enforcement of Arbitration Clause.

With the exception of subpart (e) above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, subpart (e) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitrate any dispute between us and you, and must instead bring any claims subject to subsection (k) below and the Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law) section.

j. Modification of Arbitration Clause With Notice.

We may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after we have given notice of such modifications and only on a prospective basis for claims arising from Transactions or Relationships occurring after the effective date of such notification. If any modification pursuant to this subpart (j) is deemed to be invalid, unenforceable, or illegal, then the arbitration provisions effective at the time of your agreement to these Terms shall govern any dispute or disagreement between you and us regarding Transactions or Relationships.

k. Small Claims Matters are Excluded. No Class Relief or Joinder of Claims.

Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim for damages you have against us in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

l. Confidentiality of Arbitration.

You and we agree to maintain the confidential nature of the Arbitration and shall not disclose the fact of the Arbitration, any documents exchanged as part of any mediation, proceedings of the Arbitration, the Arbitrator’s decision and the existence or amount of any Award, except as may be necessary to prepare for or conduct the Arbitration (in which case anyone becoming privy to such confidential information must undertake to preserve its confidentiality), or except as may be necessary in connection with a court application for a provisional remedy, a judicial challenge to an Award or its enforcement, or unless otherwise required by applicable law or court order.

Dispute Resolution (If and Only if a Tribunal has Ruled that Arbitration is Prohibited by Applicable Law)

This section applies only where applicable law, as determined by a court with appropriate jurisdiction, prohibits arbitration of disputes in accordance with the previous section regarding arbitration.

a. Procedure.

If any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service, the Content, these Terms or to any of our actual or alleged intellectual property rights (collectively, a “Non-Arbitration Dispute”), then you and we agree to send a written notice to the other providing a reasonable description of the Non-Arbitration Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this section. Your notice to us must be sent to: info@FlyUSI.org.

For a period of sixty (60) days from the date of receipt of notice from the other party, we and you will engage in a dialogue in order to attempt to resolve the Non-Arbitration Dispute, though nothing will require either you or us to resolve the Non-Arbitration Dispute on terms with respect to which you and us, in each of our sole discretion, are not comfortable.

b. Jurisdiction.

The parties agree that the state or federal courts in Florida shall have non-exclusive jurisdiction of any Non-Arbitration Dispute.

c. Governing Law.

To the maximum extent permitted by the mandatory laws in your country of residence, these Terms and any Non-Arbitration Dispute arising out of or in connection with these Terms or their subject matter or formation (including non-contractual disputes), will be governed by, and construed in accordance with, the laws of the U.S. and the State of Florida without regard to its conflicts of law provisions.

d. Injunctive Relief.

The foregoing provisions of this section will not apply to any legal action taken by us to seek an injunction or other equitable relief in connection with any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Content, your User Contribution, or our intellectual property rights (including such as we may claim may be in dispute), our operations, or our products or services.

Additional Terms

The failure of USI to enforce any term or condition set out in these Terms shall not be deemed waiver of such term or condition or a waiver of any other term or condition.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.

These Terms and our Privacy Policy constitute the sole and entire agreement between you and USI regarding the Service and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service. You may be subject to additional terms and conditions when you purchase products or participate in a sweepstakes, contest, or other promotions.

By accessing the Service, you agree that the laws of the United States and the state of Florida without regard to conflicts of laws principles, will apply to these Terms and all matters relating to the Service.

Subject to the arbitration provisions above, and other than small claims actions as permitted therein, any action or proceeding arising from, relating to or in connection with these Terms will be brought exclusively in the federal or state courts located in Volusia County, Florida, and you irrevocably consent to the personal jurisdiction of such courts and agree that it is a convenient forum and that you will not seek to transfer such action or proceeding to any other forum or jurisdiction, under the doctrine of forum non conveniens or otherwise.

You agree that regardless of any statute or law that establishes a different statute of limitations, to the maximum extent permitted under applicable law, any claim or cause of action (including any arbitration) arising out of, related to or connected with the use of the Service, or these Terms, or other Transactions or Relationships must be filed within one (1) year after such claim or cause of action arose or be forever barred.

We may provide you information regarding the Service in electronic form only. You agree that such notices and other communications sent electronically satisfy any legal communication requirements, including that requirements must be in writing.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and USI as a result of these Terms or use of the Service. 

Any provisions that, by their nature, are intended to survive shall survive any termination of these Terms.

Contact Us

The Service is operated by Unmanned Safety Institute, Inc. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Service should be directed to: info@FlyUsi.org.