Terms of Service

1. Acceptance of Terms

By accessing or using FlyClassifieds, LLC (hereinafter referred to as "FlyClassifieds," "we," "us," or "our"), you agree to be bound by these Terms of Service and all applicable laws and regulations. If you do not agree with any of these terms, you are prohibited from using or accessing this site.

Definitions used in these Terms include: "User" (anyone accessing the Service), "Buyer" and "Seller" (users participating in transactions), "Listing" (content advertising an item for sale), and "Content" (text, images, data, and other material posted or transmitted via the Service).

2. Definitions

For clarity and consistency, the following capitalized terms have the meanings set out below (whether used in singular or plural form):

• "Service": The FlyClassifieds online marketplace platform (web, mobile, APIs, related services).
• "Account": A registered user profile permitting access to authenticated features.
• "User": Any individual or entity who accesses or uses the Service.
• "Seller" / "Buyer": A User who lists items / a User who expresses interest in or acquires items.
• "Listing": Any item, aircraft, product, part, service, job, wanted post, or related content published via the Service.
• "Content": All text, images, media, data, metadata, messages, and materials uploaded, posted, transmitted, or otherwise made available via the Service.
• "Fees": Any paid amounts for listings, promotions, subscriptions, packages, or optional services.
• "Applicable Law": All laws, statutes, regulations, directives, orders, rules, export controls, and governmental requirements that apply to you, us, or the subject matter of these Terms.
• "Arbitration Provider": The entity administering a binding arbitration (currently the American Arbitration Association ("AAA") or another mutually agreed provider).

Other terms may be defined contextually throughout these Terms. Headings are for convenience only and do not affect interpretation.

3. Use of the Service

3.1 Eligibility

You must be at least 18 years old and the age of majority in your state or jurisdiction of residence to use FlyClassifieds, LLC. By using the Service, you represent and warrant that you meet these age requirements and have the right, authority, and capacity to enter into these Terms.

3.2 Account Responsibilities

• You are responsible for maintaining the confidentiality of your account credentials
• You are responsible for all activities that occur under your account
• You must notify us immediately of any unauthorized use of your account
• You may not use another user's account without permission

3.3 Account Verification

We reserve the right to verify your account at any time to ensure the safety and integrity of our marketplace. Verification may include:

• Collecting and confirming contact information (name, address, phone number)
• Verifying business information for commercial accounts
• Direct phone or email contact to confirm account details
• Requesting government-issued identification

Failure to cooperate with verification requests may result in account suspension or termination.

3.4 Prohibited Conduct

You agree not to:

• Post false, misleading, or fraudulent listings
• Violate any applicable laws, including FAA regulations
• Harass, abuse, or harm other users
• Use the Service for any illegal purpose
• Attempt to gain unauthorized access to any portion of the Service
• Use any robot, spider, scraper, or other automated means to access the Service
• Scrape, harvest, or collect data from the Service for any purpose
• Copy, reproduce, or redistribute our content, layout, or design
• Reverse engineer or attempt to derive the source code of the Service
• Use the Service to develop competing products or services
• Take screenshots or photos of the Service for commercial purposes
• Post content that infringes on intellectual property rights
• Circumvent or manipulate our fee structure or billing process

4. Listings and Transactions

4.1 Listing Content

You are solely responsible for the content of your listings. You represent and warrant that:

• All information in your listings is accurate and not misleading
• You have the legal right to sell the items you list
• Your listings comply with all applicable laws and regulations
• Aircraft listings include accurate registration, maintenance, and damage history information

4.2 Transaction Disclaimer

FlyClassifieds, LLC is a marketplace platform only. We are not a party to any transaction between buyers and sellers. We do not:

• Verify the accuracy of listings
• Guarantee the quality, safety, or legality of items
• Guarantee the ability of sellers to sell or buyers to pay
• Handle payment or delivery of items
• Provide escrow services
• Take possession of any listed items at any time

We are not acting as: An employee, agent, broker, dealer, aircraft broker, aviation consultant, appraiser, or representative of any party. We are not bonded for the protection of buyers or sellers. All transactions are solely between users at their own risk.

4.3 Aviation-Specific Requirements

For aircraft and aviation-related listings, you acknowledge that:

• Buyers are responsible for conducting proper pre-purchase inspections
• Sellers must disclose known damage history and maintenance issues
• All parties must comply with FAA regulations for U.S. aircraft transfers
• All parties must comply with Transport Canada regulations for Canadian aircraft transfers
• International transactions must comply with export/import regulations

4.4 Export Control Notice

IMPORTANT: Aircraft, parts, and aviation equipment may be subject to export, re-export, and import control laws and regulations, including the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and similar laws in other jurisdictions.

You are solely responsible for:

• Determining whether items are subject to export controls
• Obtaining all required licenses and permits
• Complying with all applicable export/import laws
• Understanding destination country restrictions

FlyClassifieds, LLC assumes no responsibility for export compliance and will not be liable for items seized by customs or government agencies.

5. Fees and Payment

5.1 Listing Fees

Certain listing categories and features require payment. Current fees are displayed during the listing process. We reserve the right to change our fee structure with 30 days notice.

5.2 Payment Processing

Payment processing is handled by Stripe. By submitting payment information, you agree to Stripe's terms of service and privacy policy.

5.3 Refunds

Listing fees are generally non-refundable. We may provide refunds or credits at our sole discretion for technical issues or service interruptions. No refunds will be provided for listings removed due to violations of these Terms, including but not limited to fraudulent, misleading, or prohibited content.

6. Intellectual Property

6.1 Your Content

You retain ownership of content you post. By posting content, you grant FlyClassifieds, LLC a worldwide, non-exclusive, royalty-free, perpetual license to use, reproduce, modify, distribute, and display your content in connection with the Service.

Cross-Platform and Marketing Rights: You specifically agree that we may:

• Display your listings on social media platforms (Facebook, Instagram, Twitter/X, LinkedIn, etc.)
• Include your listings in marketing materials and advertisements
• Share your listings with partner websites or services
• Use your listings for promotional purposes at any time
• Create derivative works for marketing purposes (with watermarks/branding)

These rights continue even after your listing expires or is removed, solely for historical, archival, and promotional purposes.

6.2 Our Property

The FlyClassifieds, LLC name, logo, and all related names, logos, product and service names, designs, and slogans are our trademarks. You may not use such marks without our prior written permission.

6.3 Third-Party Data

FlyClassifieds, LLC incorporates public data from government sources including:

• FAA Aircraft Registry data (U.S. Federal Aviation Administration)
• Canadian Civil Aircraft Register data (Transport Canada)
• NTSB accident and incident data

This data is reproduced and distributed with the permission of the respective government agencies. The incorporation of government data within FlyClassifieds, LLC shall not be construed as constituting an endorsement by any government agency of our service.

7. Copyright Infringement (DMCA)

FlyClassifieds, LLC respects intellectual property rights. If you believe content on our Service infringes your copyright, please send a notice to:

• Email: dmca@flyclassifieds.com
• Subject Line: "DMCA Takedown Request"

Designated Agent (DMCA 17 U.S.C. §512(c)(2)):
FlyClassifieds, LLC – DMCA Agent
4141 Stuart St
Denver, CO 80212 USA
Email: dmca@flyclassifieds.com

Your notice must include:

• Identification of the copyrighted work
• Location of the allegedly infringing material
• Your contact information
• A statement of good faith belief
• A statement of accuracy under penalty of perjury
• Your physical or electronic signature

We will review and respond to valid notices promptly. Repeat infringers may have their accounts terminated. Your notice may be forwarded to the user who posted the material. If you knowingly misrepresent that material is infringing, you may be liable for damages.

Counter-Notification: If you believe material was removed or disabled by mistake or misidentification, you may submit a counter-notice to our Designated Agent that includes: (a) your signature; (b) identification of the material removed and the location where it appeared; (c) a statement under penalty of perjury that you have a good faith belief the material was removed due to mistake or misidentification; (d) your name, address, phone, and email; and (e) consent to jurisdiction of the Federal District Court for the judicial district of your address (or Denver, Colorado if outside the U.S.). We may restore the content in 10–14 business days unless the original complainant seeks a court order.

8. Privacy

Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. For information about the lawful bases (where applicable) on which we process personal data, international transfers, retention, and user rights (including GDPR / CPRA), please see the Privacy Policy referenced here.

9. Disclaimers and Limitations of Liability

9.1 Service Provided "As Is"

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.2 Limitation of Liability

IN NO EVENT SHALL FLYCLASSIFIEDS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICE.

9.3 Aviation Disclaimer

AIRCRAFT TRANSACTIONS INVOLVE SIGNIFICANT RISKS. WE STRONGLY RECOMMEND THAT ALL PARTIES OBTAIN PROFESSIONAL INSPECTIONS, LEGAL ADVICE, AND APPROPRIATE INSURANCE BEFORE COMPLETING ANY TRANSACTION.

9.4 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAID TO US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR (B) ONE HUNDRED U.S. DOLLARS (US $100). SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR EXCLUSION OF CERTAIN DAMAGES; IN SUCH CASES, SOME DISCLAIMERS MAY NOT APPLY, BUT WILL BE ENFORCED TO THE FULLEST EXTENT PERMITTED.

9.5 Additional Marketplace / Broker Disclaimer

WE ARE NOT AN AIRCRAFT BROKER, DEALER, AGENT, ESCROW HOLDER, FIDUCIARY, OR FINANCIAL ADVISOR. NO CONTENT ON THE SERVICE CONSTITUTES LEGAL, FINANCIAL, TAX, SAFETY, OR MAINTENANCE ADVICE. USERS MUST CONDUCT INDEPENDENT DUE DILIGENCE (INCLUDING TITLE SEARCHES, LIEN CHECKS, MAINTENANCE RECORD REVIEWS, AND EXPORT/IMPORT COMPLIANCE).

10. Indemnification

You agree to defend, indemnify, and hold harmless FlyClassifieds, LLC and its officers, directors, employees, and agents from any claims, damages, obligations, losses, liabilities, costs, or debt arising from:

• Your use of and access to the Service
• Your violation of these Terms
• Your violation of any third party right
• Any claim that your content caused damage to a third party

11. Dispute Resolution

11.1 Between Users

Disputes between users should be resolved directly between the parties. We may provide assistance but are not obligated to intervene in user disputes.

11.2 Binding Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms, the Service, or any aspect of the relationship between you and FlyClassifieds, LLC that cannot be resolved informally shall be resolved by final and binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration agreement. Unless we agree otherwise, arbitration will occur virtually or in Denver, Colorado, USA, and proceedings will be conducted in English. The arbitrator shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability, or formation of this arbitration agreement, including any claim that all or any part of it is void or voidable.

Opt-Out: You may opt out of this arbitration agreement by sending a written notice (including your name, account email, and a clear statement that you wish to opt out of arbitration) to legal@flyclassifieds.com within thirty (30) days of first accepting these Terms. Your timely opt-out will not affect other provisions of these Terms.

11.3 Class Action and Jury Trial Waiver

YOU AND FLYCLASSIFIEDS, LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AND FLYCLASSIFIEDS, LLC WAIVE ANY RIGHT TO A JURY TRIAL.

11.4 Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court for disputes within that court's jurisdiction.

12. Termination

We may terminate or suspend your account immediately, without prior notice or liability, for any reason, including without limitation if you breach these Terms. Upon termination, your right to use the Service will cease immediately.

12.1 Content Removal

We reserve the right to remove any listing or content that violates these Terms without prior notice. This includes, but is not limited to:

• Fraudulent or misleading listings
• Stolen aircraft or parts
• Prohibited items or services
• Content that violates laws or regulations
• Inappropriate or offensive material

Listings removed for violations are not eligible for refunds. Repeat violations may result in permanent account suspension and forfeiture of any pending payments.

13. Changes to Terms

We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days notice prior to any new terms taking effect.

14. Governing Law

These Terms and any disputes arising hereunder shall be governed by and construed in accordance with the laws of the State of Colorado, USA (without regard to conflicts of law principles) and the United States federal laws applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

15. Contact Information

If you have any questions about these Terms, please contact us at:

• Email: support@flyclassifieds.com
• Website: flyclassifieds.com/contact

16. Miscellaneous

16.1 Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

16.2 Entire Agreement

These Terms constitute the entire agreement between you and FlyClassifieds, LLC regarding the Service and supersede all prior or contemporaneous agreements, communications, and proposals.

16.3 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

16.4 Assignment

You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at our discretion.

16.5 Force Majeure

We will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including acts of God, labor disputes, internet failures, or government actions.

16.6 Electronic Communications & SMS

You consent to receive communications from us electronically, and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. For SMS/text message communications regarding account verification or notifications: Message frequency varies. Message and data rates may apply. Reply STOP to cancel at any time. Reply HELP for help.

16.7 Notices

All formal legal notices to FlyClassifieds, LLC must be sent to: Legal Notice – FlyClassifieds, LLC, 4141 Stuart St, Denver, CO 80212 USA, with a copy (which shall not constitute notice) to legal@flyclassifieds.com. We may provide notices to you via email, in-app messaging, or by posting to the Service. Notices are deemed given: (a) when received (if by courier or certified mail), (b) one business day after dispatch (if by recognized overnight carrier), or (c) when sent (if by email) unless we receive a bounce-back.

16.8 Survival

Sections 3–6, 8–16 (inclusive) and any provisions which by their nature should survive (including intellectual property, disclaimers, limitations of liability, indemnification, dispute resolution, notices, and survival) shall survive termination or expiration of these Terms.