Terms and Conditions

FLIGHT LEVEL 180 HOLDINGS CORP
INCORPORATED UNDER THE CANADA BUSINESS CORPORATIONS ACT
AND USING NAME CIRCLECOMPASS.ORG FOR THE COMMUNITY

USER TERMS AND CONDITIONS
Last Updated: Jan 1 2024

PLEASE READ THIS DOCUMENT CAREFULLY PRIOR TO USING! THESE TERMS AND CONDITIONS (“TERMS OF SERVICE”) APPLY TO USERS OF THE FLIGHT LEVEL 180 SERVICES OPERATING CIRCLECOMPASS.ORG WEBSITE AND APP (AS FURTHER DESCRIBED HEREIN) WHO WISH TO USE THE SITE ADVERTISED THROUGH CIRCLECOMPASS.ORG.COM (THE “WEBSITE”). IF YOU ARE AN AGENT PLEASE CONTACT FLIGHT LEVEL 180 HOLDINGS CORP, A COMPANY INCORPORATED UNDER THE CANADA BUSINESS CORPORATIONS ACT (“FLIGHT LEVEL 180”, “WE”, “US”) TO RECEIVE THE TERMS APPLICABLE.

YOU MUST BE AT LEAST EIGHTEEN (18) YEARS OLD TO USE THE SERVICES AND BY ACCESSING, BROWSING AND USING THE WEBSITE, YOU INDICATE THAT YOU HAVE READ AND ACCEPT THESE TERMS OF SERVICE. IF YOU DO NOT ACCEPT THESE TERMS OF SERVICE, THEN DO NOT USE THE WEBSITE OR ANY OF ITS CONTENT OR THE SERVICES. THE TERM “YOU” OR “YOUR” REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, IDENTIFIED AS THE USER WHEN YOU REGISTER AND CREATE AN ACCOUNT ON THE WEBSITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF SERVICE, YOU MAY NOT ACCESS OR USE THE WEBSITE OR THE SERVICES.

IF YOU ARE ACCEPTING THESE TERMS OF SERVICE ON BEHALF OF A CORPORATION OR OTHER ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE NECESSARY RIGHT AND AUTHORITY TO ENTER INTO THESE TERMS OF SERVICE ON BEHALF SUCH CORPORATION OR ENTITY AND TO BIND SUCH CORPORATION OR ENTITY TO THESE TERMS OF SERVICE.

PLEASE NOTE THAT THESE TERMS OF SERVICE ARE SUBJECT TO CHANGE BY FLIGHT LEVEL 180 IN ITS SOLE DISCRETION AT ANY TIME. When changes are made, FLIGHT LEVEL 180 will make a new copy of the Terms of Service available on the Website. We will also update the “Last Updated” date at the top of the Terms of Service. If we make any material changes, and you have already registered and created an account on the Website, we will provide notification of the revised policy, which will be visible when you next log in to use the Services. Any changes to the Terms of Service will be effective immediately for your first use of the site after the Terms of Service is updated. If you do not agree to any change(s) after receiving a notice of such change(s), you must stop using the Website and/or the Services. Otherwise, your continued use of the Services constitutes your acceptance of such change(s). PLEASE REGULARLY CHECK THE WEBSITE TO VIEW THE THEN-CURRENT TERMS OF SERVICE

SIGN-UP: In order to use the Services, you must sign-up on the Website or the app. At the time of registration, we collect personal information from you to verify your identity and to provide the Services. All personal information will be processed and handled in accordance with our Privacy Policy which is posted on the Website. By submitting any personal information to us, you are agreeing to the terms of our Privacy Policy. We may deny registration to you at anytime, and at our sole discretion.

REMOVAL: Your user profile and data could be removed at anytime.

ERRORS: There could be errors on the site.

NOTIFICATIONS: You may receive emails and SMS messages

FLIGHT LEVEL 180 AS SYSTEM OF RECORD: In the event of a dispute, you agree to accept our records as accurate and definitive.

COMMUNITY STANDARDS: FLIGHT LEVEL 180 strives to provide our users and employees with a safe, supportive community and workspace. As such, any abusive or threatening statements or behavior, or other actions deemed inconsistent with these Community Standards in our sole discretion may result in revocation of usage privileges and closure of accounts of those responsible without notice. It is our community standard that everyone be treated with courtesy and respect.

RISK TO PERSONS AND PROPERTY: BY REGISTERING AS A USER, YOU AGREE THAT NEITHER WE (NOR THE DESTINATION) ARE LIABLE TO YOU FOR ANY DAMAGE, YOUR OTHER PERSONAL PROPERTY, OR FOR INJURY OR DEATH UNLESS INJURY OR DEATH IS CAUSED BY OURS (OR THE DESTINATION'S) NEGLIGENCE. Please take care of yourself and your property as you have released us (and the Seller) from liability.

COMPLIANCE WITH LAW: You are responsible for complying with all laws governing the purchase and use of the items that are offered for sale. You must comply with all laws governing the use of our Services.

INDEMNIFICATION: You will indemnify and hold us, our affiliates, our and our affiliates’ successors and assigns, and each of our and their equity owners, directors, officers, employees, agents and other representatives, harmless from any expenses (including reasonable attorney’s fees and court costs), losses or damages arising from or relating to: (i) your breach of any of your representations, warranties or obligations under these Terms of Service; (ii) your violation of any law or the rights of any third party; (iii) your negligent acts or omissions, (iv) the Seller’s breach of any of their representations, warranties or obligations to you; or (v) any third party’s violation of any law or rights.

DISCLAIMER OF WARRANTIES: WE DISCLAIM ALL WARRANTIES RELATING TO THE ITEMS FOR SALE, WHETHER ARISING UNDER STATUTE, OR IN TORT, OR BY IMPLICATION OF LAW OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Some jurisdictions prohibit the disclaimer of implied warranties in consumer sales, so part of the preceding disclaimer may not apply to you. WE DO NOT WARRANT THAT OUR ONLINE SERVICES WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS IN SOFTWARE OR ONLINE CONTENT WILL BE CORRECTED.

LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE TO YOU FOR ANY, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OR INABILITY TO USE OUR SERVICES AND SOFTWARE OR THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY USING OUR SERVICES. IN NO EVENT WILL FLIGHT LEVEL 180 BE LIABLE FOR THE ACCURACY OF THE DATA, ISSUES PERTAINING TO OWNERSHIP AND AUTHORITY TO LIST DESTINATIONS, NON-DELIVERY OF EXPERIENCES OR OTHER ACTS OR OMISSIONS. Some jurisdictions prohibit the exclusion of special, incidental or consequential damages, so part of the preceding limitation may not apply to you. TO THE EXTENT THAT WE ARE HELD LIABLE TO YOU, OUR AGGREGATE LIABILITY FOR ANY EXPENSES, LOSSES OR DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE OUR SERVICES WILL NOT EXCEED THE AMOUNT PAID (OR PAYABLE) BY YOU TO US UNDER THESE TERMS OF SERVICE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN YOU AND US.DISPUTES RELATING TO TRANSACTIONS: If a dispute arises in relation to a purchase you have made through the Service, before resorting to litigation, we strongly encourage you to first contact us with details of the issue, the applicable destination and the details of the complaint to see if we can help with a resolution, since most customer concerns can be resolved quickly and satisfactorily in this manner. However, if your dispute persists, you acknowledge that we are not responsible for the acts or omissions of users or destinations nor are we a party to any contract for destinations listed. Accordingly you agree to release us (and our affiliates, officers, directors, employees, agents and any other representatives) from any claims, demands, damages or losses of any kind, known and unknown, arising from or in any way connected with such a dispute, including legal costs.

RESPONSES TO LAW ENFORCEMENT: We may disclose your Personal Information to third parties (including, but not limited to, law enforcement or other governmental authorities), without your consent or notification to you, (1) upon the request of law enforcement or other government authorities, (2) if we believe in good faith that such information (a) is helpful in, or otherwise relevant to, preventing, mitigating, terminating, prosecuting or taking any other action with respect to a possible crime or civil claim, or (b) relates to any damage or injury to, interference with or other adverse effect on any right or property of another, or (3) if we believe in good faith that such disclosure is required by any court order, subpoena or other similar mandate or any applicable law.

Unless prohibited by applicable law or where the court order, subpoena or warrant requires no notification or delayed notification, FLIGHT LEVEL 180 may notify affected users when we receive legal process from a third party requesting that user’s data. FLIGHT LEVEL 180 may choose not to notify a user if FLIGHT LEVEL 180 deems, in its sole discretion that providing notice would be ineffective, prejudicial or might create a risk of injury or bodily harm to an individual or group, or to our property.

All requests for disclosure of user information and account information should be directed to FLIGHT LEVEL 180 and marked “Legal” to our offices at 228 James St. Kingston Ontario with a copy to support@flightlevel180.com

GENERAL TERMS: These Terms of Service, together with this Privacy Policy and any other documents or guidelines incorporated by reference into these Terms of Service, constitutes the entire agreement between users who are Buyers and FLIGHT LEVEL 180 relating to the Website and Services and all related activities. These Terms of Service shall not be modified except by a new posting of these Terms of Service issued by FLIGHT LEVEL 180. If any part of these Terms of Service is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. The failure of FLIGHT LEVEL 180 to exercise or enforce any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. Any waiver of any right or provision by FLIGHT LEVEL 180 must be in writing and shall only apply to the specific instance identified in such writing. You may not assign the Terms of Service, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without FLIGHT LEVEL 180’s prior written consent. We may assign these Terms of Service without restriction. If you have any questions about these Terms of Service or if you wish to make any complaint or claim with respect to the Website, App or Services, please contact us at support@flightlevel180.com