Terms & Conditions

Please read carefully. These Terms include a binding arbitration provision and a class action waiver (Section 8). They affect your legal rights. These Terms govern your use of our website and your general relationship with FlyEpic; the purchase of any Card or fractional ownership share is governed by separate written agreements.

These Terms & Conditions (“Terms”) are a binding contract between you and FlyEpic, Inc. (“FlyEpic,” “we,” or “us”) and, together with our Privacy Policy, govern your use of flyepic.aero, our social media channels, and other websites we own or operate (collectively, the “Site”), and your interactions with FlyEpic in any manner (collectively, our “Services”). Additional separate terms may apply to certain Services and are considered part of these Terms. THESE TERMS INCLUDE A CLASS ACTION WAIVER AND AN ARBITRATION PROVISION THAT GOVERN ANY DISPUTES BETWEEN YOU AND FLYEPIC.

If you have any questions about these Terms or the Services, please contact us at info@flyepic.aero.

You accept these Terms by accessing the Site or using the Services in any manner, or by clicking to accept where that option is offered. These Terms remain in effect while you access the Site or use any Services. You must be of legal age and have the capacity to form a binding contract. By accepting these Terms, you acknowledge that you have read and agree to our Privacy Policy. If you do not agree, do not use the Services.

On our Site you can:

• Learn about FlyEpic, the aircraft we operate, and our fractional ownership and membership programs.
• Contact our team and request information.
• Inquire about the EpicIntro 25 Card, fractional ownership shares, and related offerings.
• Connect with our social media channels.
• Learn about our events and brand activations.

We may make accounts or portals available for prospective and current members. If you create an account, you agree to (i) use it only for your own personal or internal business use, or for someone you are authorized to represent; (ii) provide and maintain true, complete, and accurate information; (iii) never use another person’s account or allow another person to use yours; and (iv) keep your login credentials confidential. You are responsible for all activity under your account and agree to notify us immediately of any suspected unauthorized use. FlyEpic is not liable for loss arising from your failure to maintain account security.

If you provide your wireless number, you consent to FlyEpic sending you text messages about your inquiries, appointments, or use of the Services. The number of texts depends on how you use the Services. Reply STOP or UNSUBSCRIBE to opt out. Message and data rates may apply.

FlyEpic offers fractional aircraft ownership and membership programs, including the EpicIntro 25 Card and fractional ownership shares (collectively, the “Program”). Descriptions, pricing, availability, aircraft, routes, and benefits shown on the Site are for general informational purposes, are subject to change without notice, and do not constitute an offer or a binding commitment.

Separate agreements control. Participation in any Program, and any purchase of a Card or fractional ownership share, is governed exclusively by separate written agreements between you and FlyEpic (for example, a membership, card, or fractional ownership agreement). In the event of any conflict between those agreements and these Terms with respect to the Program, the separate agreements control. Nothing on the Site creates a Program relationship, conveys any ownership interest, or guarantees eligibility, availability, or pricing.

No offer; forward-looking statements. Site content is provided for information only and is not an offer to sell or a solicitation to buy any product, interest, or security. Statements about future aircraft performance, capabilities, availability, routes, or program features are forward-looking and not guarantees. Actual results and offerings may differ.

Unless otherwise indicated, all content on the Services—including text, information, page headers, icons, images, designs, data, graphics, photographs, and other materials, as well as names, logos, taglines, trade dress, and trademarks—are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by FlyEpic (the “Contents”), and are protected by U.S. and foreign law. The absence of a name or logo from any list does not waive FlyEpic’s rights.

You are granted a limited, revocable, nontransferable, nonexclusive license to access and view the Contents and interact with the Services solely for your own personal or internal business (non-commercial) use. The Services are licensed, not sold. Except for this license, FlyEpic grants you no right, title, or interest in the Services or Contents. You may not copy, reproduce, create derivative works from, distribute, republish, download (except as expressly enabled), display, perform, transmit, or mirror the Services or Contents without FlyEpic’s prior written permission.

Marks. FlyEpic’s registered and unregistered trademarks, taglines, and trade dress (the “Marks”) may not be copied, imitated, or used in whole or in part without FlyEpic’s prior written permission. Third-party marks are the property of their owners.

Feedback. If you provide suggestions, comments, ideas, or other feedback about the Services (“Feedback”), you grant FlyEpic a royalty-free, worldwide, transferable, sublicensable, irrevocable, perpetual license to use and incorporate it into the Services. You represent that your Feedback is not subject to any third-party intellectual property claim or license terms.

By using the Services, you represent and warrant that (i) information you submit is truthful and accurate, (ii) you will keep it accurate, and (iii) your use does not violate any applicable law, rule, or regulation. You may not use the Services or Contents for any purpose not expressly permitted, including in any way that disparages FlyEpic. The permissions in these Terms terminate automatically if you breach them. You may not:

• Commercialize the Services or use them for any unlawful or wrongful purpose.
• Rent, retransmit, disclose, publish, sell, assign, lease, sublicense, market, or transfer the Services or any portion (including Contents) except as expressly authorized.
• Copy, reverse engineer, translate, port, modify, or make derivative works of any portion of the Services.
• Tamper with, conduct fraudulent activity, or engage in illegal activity via the Services.
• Access data not intended for you or log onto a server or account you are not authorized to access.
• Probe, scan, or test the vulnerability of a system or network, or breach security or authentication measures, without our written authorization.
• Interfere with service to any user, host, or network, including by introducing malware, overloading, flooding, spamming, or mail bombing.
• Send unsolicited email or forge any header information.
• Otherwise violate the security features of the Services.

You agree not to use any device, software, or routine to interfere with the proper working of the Services, or to use any automated means (including spiders, robots, or scrapers) to access the Services other than generally available web browsers and any search tools we provide. Violations may result in civil or criminal liability, and we may cooperate with law enforcement.

You may have the opportunity to submit Feedback, comments, photos, or other materials through the Services (“User Content”). You represent that (i) you own or have the necessary rights to your User Content, and (ii) it does not infringe any third party’s rights or violate any law or these Terms. You are solely responsible for your User Content. User Content must not:

• Misrepresent your identity or affiliation.
• Seek to collect others’ Personal Information.
• Transmit chain letters or bulk or junk email.
• Relate to contests, sweepstakes, or sales promotions.
• Include information used to track, contact, or impersonate another.
• Infringe intellectual property or other proprietary rights.
• Harm or exploit children or other vulnerable persons.
• Be false, defamatory, obscene, harassing, discriminatory, profane, unlawful, or otherwise objectionable.

You grant FlyEpic a non-exclusive, transferable, sublicensable, worldwide, royalty-free license to use, copy, modify, display, perform, reproduce, translate, create derivative works from, and distribute your User Content in any media for any lawful purpose. FlyEpic does not endorse any User Content and disclaims all liability in connection with it. We may remove User Content without notice.

Links between the Services and third-party websites, platforms, and services (“Third-Party Services”) are provided for your convenience. FlyEpic is not responsible for, and makes no representations about, the content or accuracy of any Third-Party Services, and their inclusion does not imply our endorsement. If you access a Third-Party Service, you do so at your own risk and are subject to its terms and privacy practices, not ours.

You agree that any dispute between you and FlyEpic arising out of or relating to these Terms, any agreement referenced here, or the Services (collectively, “Disputes”) will be resolved as set forth below. This Section does not apply to the extent prohibited by the laws governing your jurisdiction.

a. Informal Resolution. Before filing a claim, you agree to try to resolve the Dispute informally by contacting info@flyepic.aero. We will attempt in good faith to resolve it. If it is not resolved within 30 days, either party may begin a formal proceeding.

b. Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY. It provides for resolution of most disputes through binding arbitration instead of court trials and class actions. YOU AGREE TO GIVE UP ANY RIGHT TO LITIGATE CLAIMS IN COURT OR BEFORE A JURY, AND TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION. Any controversy or claim arising out of or relating to (i) these Terms or their breach, (ii) your access to or use of the Services, or (iii) any alleged violation of law by you (each a “Claim”) shall be resolved exclusively by binding arbitration administered by the Arbitration Service of Portland (“ASP”), or its successor. Either party may begin arbitration by filing a written demand with ASP and sending a copy to the other party. The arbitration will follow ASP’s rules in effect at the time and be held in Bend, Oregon, USA. The parties will cooperate in good faith in selecting an arbitrator and scheduling, and will share the arbitration costs equally. The prevailing party is entitled to reasonable attorneys’ fees. The arbitrator shall issue a written, reasoned award, and judgment may be entered in any court of competent jurisdiction. Each party consents to service of process by certified mail.

c. Class Action Waiver. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU WAIVE ANY RIGHT TO COMMENCE OR PARTICIPATE IN ANY CLASS ACTION AGAINST FLYEPIC RELATED TO ANY CLAIM OR DISPUTE, AND, WHERE APPLICABLE, AGREE TO OPT OUT OF ANY CLASS PROCEEDING OTHERWISE COMMENCED.

d. Governing Law and Venue. These Terms are governed by the laws of the United States and the State of Oregon, without regard to conflicts of law principles. Any Dispute not subject to arbitration will be brought exclusively in the federal or state courts located in Oregon, and you consent to their jurisdiction. If any provision is found unlawful, it is severable and does not affect the remaining provisions.

e. Copyright / DMCA Notices. If you believe content on the Services infringes your copyright, send a written notice to FlyEpic at 417 Yew Lane, Bend, OR 97702, or by email to info@flyepic.aero, including: (i) a signature of a person authorized to act for the owner; (ii) identification of the copyrighted work; (iii) identification of the allegedly infringing material and where it is located; (iv) your contact information; (v) a statement of good-faith belief that the use is not authorized; and (vi) a statement, under penalty of perjury, that the information is accurate and that you are authorized to act. You are advised to contact an attorney before sending a notice, as misrepresentations may create liability.

YOUR USE OF THE SERVICES IS AT YOUR OWN RISK. FLYEPIC MAKES NO EXPRESS, IMPLIED, OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES REGARDING THE SERVICES OR THEIR AVAILABILITY, QUALITY, RELIABILITY, SUITABILITY, TIMELINESS, TRUTH, ACCURACY, OR COMPLETENESS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WHERE-IS” BASIS, WITHOUT ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FLYEPIC DOES NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. THIS SECTION DOES NOT APPLY TO ANY SEPARATE WRITTEN PROGRAM AGREEMENT, WHICH CONTAINS ITS OWN TERMS.

YOU AGREE TO INDEMNIFY AND HOLD FLYEPIC, ITS SUBSIDIARIES AND AFFILIATES, AND THEIR RESPECTIVE MEMBERS, DIRECTORS, SHAREHOLDERS, OFFICERS, AGENTS, PARTNERS, AND EMPLOYEES HARMLESS FROM ANY LOSS, LIABILITY, COST, EXPENSE, CLAIM, DAMAGES, OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, ARISING OUT OF (I) YOUR USE OF THE SERVICES IN VIOLATION OF THESE TERMS, (II) YOUR BREACH OF THESE TERMS, OR (III) ANY BREACH OF YOUR REPRESENTATIONS AND WARRANTIES.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYEPIC WILL NOT BE LIABLE FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF DATA, REVENUE, PROFITS, USE, OR OTHER ECONOMIC ADVANTAGE, HOWEVER ARISING, EVEN IF FLYEPIC KNEW OF THE POSSIBILITY. IN NO EVENT WILL FLYEPIC’S TOTAL LIABILITY ARISING FROM OR RELATING TO THE SERVICES EXCEED THE GREATER OF THE FEES YOU PAID FLYEPIC FOR THE SERVICES IN THE THREE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR ONE HUNDRED U.S. DOLLARS ($100). THIS SECTION DOES NOT LIMIT LIABILITY UNDER ANY SEPARATE WRITTEN PROGRAM AGREEMENT, WHICH CONTAINS ITS OWN LIABILITY TERMS, AND DOES NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW.

a. Geographic Restrictions. FlyEpic is owned and operated in the United States and markets and offers its Services to customers in the United States. We make no claim that the Services are appropriate outside the United States. If you access them from elsewhere, you do so on your own initiative and are responsible for compliance with local law.

b. Legal Compliance. You agree to comply with all applicable local, state, federal, and foreign laws in using the Services and are responsible for determining whether your use is lawful in your jurisdiction.

c. Export Controls. You agree to comply with all U.S. export laws and regulations and not to export the Services or any component without required authorizations.

d. Entire Agreement. Except as stated here, these Terms are the entire and exclusive agreement between you and FlyEpic regarding the Services and supersede prior understandings regarding the Services and Contents. Separate Program agreements remain in effect according to their terms.

e. Relationship of the Parties. These Terms create no partnership, joint venture, or agency relationship; the parties are independent contractors.

f. Assignment. You may not assign or transfer these Terms or your accounts or credentials without FlyEpic’s prior written consent. FlyEpic may assign these Terms without consent. These Terms bind and benefit the parties and their permitted successors and assigns.

g. Waiver; Severability. FlyEpic’s failure to enforce any provision is not a waiver. A waiver is effective only if in writing and signed by an authorized FlyEpic representative. If any provision is found invalid or unenforceable, it will be enforced to the maximum extent permissible and the remaining provisions will remain in full force.

h. Enforcement. FlyEpic may investigate violations of these Terms and take any action it deems appropriate, and may remove or disable your access to the Services at any time, without notice, at its sole discretion.

i. Consent to Electronic Communications. By submitting information through our forms or otherwise using the Services, you consent to (i) FlyEpic communicating with you electronically; (ii) receiving notices, disclosures, and authorizations electronically; and (iii) entering into agreements using electronic records and signatures, which have the same legal effect as paper records signed by hand. You are responsible for keeping your own records. To receive records in paper form or withdraw consent to electronic records, contact info@flyepic.aero; agreements executed before such a request remain valid.

j. Notices. Notices to FlyEpic must be sent to info@flyepic.aero. Notices to you will be sent to the email address on file and are considered received when sent.

k. Amendments. FlyEpic may amend these Terms at any time by updating this posting. Pricing and offerings may change without notice. Changes are effective when posted. Your continued use of the Services after an update constitutes acceptance. If the updated Terms are unacceptable to you, discontinue use of the Services.

These Terms begin when you first access the Services and continue while you use them. You may terminate by discontinuing all use of the Services. FlyEpic may terminate these Terms at any time, with or without notice, at its sole discretion. On termination, (i) the licenses granted to you end; (ii) you must cease all use of the terminated Services; and (iii) FlyEpic may remove or purge data, User Content, and account information. Termination does not limit FlyEpic’s rights or remedies. Provisions that by their nature should survive termination will survive.

FlyEpic, Inc.

417 Yew Lane, Bend, OR 97702

Email: info@flyepic.aero