Terms of Service

Effective: July 1, 2023

Welcome to Jetsparency! These Terms of Service (the "Agreement") are entered into by and between Jetsparency, a Nevada corporation ("Jetsparency," "we" or "us") and the person agreeing to these terms ("you"). This Agreement applies to your and, as applicable, your immediate family's (i.e., your spouse and children) use of our Services (as defined below) and your purchase of Services from us through our Website or app. However, the terms and conditions applicable to your use of our Company's services, as contained in any other executed document between you and the Company such as a Master Services Agreement, shall govern our relationship, rather than this Terms of Use, if such document exists. You may signify your acceptance and agreement to the Agreement, including the disclaimers of Section 6, liability limitations of Section 7, and mandatory arbitration provision in Section 8, by checking the "I agree" box.  This Agreement is effective as of the date you visit our website located at https://www.jetsparency.com/ (the “Website”) or check the "I agree" box (the "Effective Date"). If you do not agree to the Agreement, do not check the "I agree" box or use the Website.

We reserve the right to change or revise the Agreement at any time, in our sole discretion. If we make changes to the Agreement or our Privacy Policy (the “Privacy Policy”) which is incorporated herein, we will provide you with notice of such changes, such as by sending an email notification. If you do not accept the changes, you must stop using the Services. Your continued use of our Services after we send you notice of our changes to the Agreement means that you are consenting to the updated Agreement and Privacy Policy. We encourage you to review this Agreement frequently to ensure that you understand the terms that apply when you use our Services and purchase Services from us. For clarity, this Agreement does not apply to use of the Company’s mobile app, if any, which is governed by a separate End User License Agreement, which is accessible through the app.   This Agreement, with the Privacy Policy, is the entire agreement between you and Jetsparency regarding the Services, superseding all other agreements between you and Jetsparency with respect to the Services, whether oral or written. 

  1. Services. We provide our experience, research, guidance, and connections to trusted providers to assist in satisfying your air charter travel needs, including related ground transportation and lodging, and the air charter travel needs of your immediate family or associates through a membership model (the "Services").  You are responsible for the ultimate choices for your travel as well as for booking and paying for your air charter travel, ground transportation, and lodging. 
  2. Membership Levels. We offer four tiers of annual membership, detailed below.  Each tier of membership is billed yearly beginning on date of your initial purchase, with automatic recurring billing every year on each anniversary of the date of your initial purchase unless you notify us in advance that you would like to cancel your membership.  The four levels are:

    - Tier 1 (aka Casual Traveler) includes support on up to 6 charters per year, and has 1 authorized lead traveler.

    - Tier 2 (aka Jetsetters) includes support on up to 12 charters per year, and has 2 authorized lead travelers.

    - Tier 3 (aka World Explorers) includes support on up to 18 charters per year, and has 3 authorized lead travelers.

    - Tier 4 (aka Road Warriors) includes support on up to 24 charters per year, and has 4 authorized lead travelers.

    At least one designated “lead traveler” must be on-board each charter. For example, if you have signed up for Tier 1, the designated lead traveler must be on every charter, and you cannot change the lead traveler during your annual membership. If you sign up for Tier 4, which includes 4 authorized lead travelers, at least one of those four people must be on each charter.  This requirement is to protect both you and Jetsparency, and a violation of this requirement could result in the immediate cancellation of your membership and liability for any damages caused.

    A “charter” is defined as one signed charter contract with an operator (which could be for a one way, roundtrip, or multi-city trip).  In the event that a roundtrip trip is carried out through two or more separate charter contracts, as defined by the operator (for example, if two operators fulfill one roundtrip trip), then that would add up to two or more “charters” under your membership plan.  Nonetheless, Jetsparency reserves the right to combine separate charter contracts into one charter at our discretion.

    Any unused charters do not carry over to the following year. Each tier of membership is billed yearly on the anniversary of the date of your initial purchase and at the fee levels described in Section 3, with automatic recurring billing every year unless you notify us in advance that you would like to cancel your membership. If you go over your allotment of charter support, you may choose to either (i) pay the difference in cost to upgrade to the next tier, or (ii) pay $2,500 per each additional charter until your annual membership renews again. If you sign up for Tier 4 and you exceed your allotment of charter support, support on each additional charter will be $2,500.

    Membership is prepaid for the year in advance and is 100% non-refundable, except that Jetsparency may cancel a member’s membership at any time, for any reason or no reason, and refund the member the amount of the prorated unused fee. Such prorated unused fee will be calculated according to time elapsed, and not the number of charters that a member has used or failed to use. For example, if three months into a member’s membership Jetsparency cancels the member’s membership, and the member has only taken one charter, then the member will receive a 75% refund (3 out of 12 months) instead of an 83% refund (1 out of 6 charters).  Notwithstanding the foregoing, if Jetsparency cancels a member’s membership due to the member’s breach of these Terms, then no refund will be due.
  3. Fees. For the Services to be performed hereunder, you agree to pay Jetsparency a fixed fee of $15,000 per calendar year for Tier 1, $30,000 per year for Tier 2, $45,000 per year for Tier 3, or $60,000 per year for Tier 4 (the "Fee"), payable in advance. We may, upon thirty (30) days prior notice, change the amount of the Fee for the current year or any future, unpaid year.  If you do not agree to the new Fee, you may terminate the Services as set forth in Section 3.  In addition to the Fee, you are responsible for (i) all costs associated with air carriers, hotels and other suppliers providing travel or other services to you and your immediate family and (ii) all sales, use, and excise taxes, and any other similar taxes, duties, and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by you hereunder. You agree to provide us with current, complete, accurate and authorized payment information (e.g. credit card or ACH).  You represent and warrant to us that you are authorized to use the designated payment method and you hereby authorize us to (i) charge such payment method for the total amount of Fees (including any applicable taxes and other charges) when due, (ii) charge such credit card or other payment method on a periodic recurring basis in accordance with the terms set forth herein, (iii) use a third-party to process such payments, and (iv) disclose such payment information to such third-party.  In the event we are unable to process payment for any amounts owed, we may suspend or terminate the Services at any time following such payment failure.
  4. Travel Services.  Jetsparency is not a jet broker. We are simply researching available charter aircraft on behalf of our members, collecting charter quotes, giving a recommendation, and then connecting our members directly with charter operators to book, confirm, and pay for charter flights.  Payment for each charter is made from the member directly to the operator. When you book a charter or other transportation service, that transaction is solely governed by your booking agreement with the charter or other transportation company.

    Your Contract with the Charter Operator.  The contract of carriage in use by the applicable airline, when issued, shall be between the applicable airline or charter service and the passenger. Please ensure you read the full terms and conditions of carriage issued by the charter service or airline, which can be found on their website or upon request to the charter service. You agree to abide by the terms and conditions of purchase imposed by any airline or charter operator, including, but not limited to compliance with the supplier's rules and restrictions regarding availability and use of products or services.

    You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable travel product or services, in your forfeiting any monies paid for such reservation(s), and/or in our later charging you for any costs we incur as a result of such violation.  You further acknowledge that upon your request, we may assist you in booking additional travel services or products, such as rental cars, car transfers, hotels, or travel insurance, and that we shall not be liable for the inclusions or exclusions of these services or products.  Furthermore, if a service or product becomes unavailable after Jetsparency has presented the service or product to you, we shall not be liable for such unavailability or any consequences of such unavailability.
  5. International Travel.  Each customer traveling across any international boundary is solely responsible for obtaining all required travel documents, including any necessary visas or waivers, and any required health documents. Jetsparency has no special knowledge regarding foreign entry requirements or travel documents. We urge customers to review travel prohibitions, warnings, announcements, and advisories issued by the relevant governments prior to booking travel to international destinations.  Recommended inoculations or health testing requirements for travel may change and you should consult your doctor for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip.  Biirdee shall not be held responsible for the health or medical practices of any travel provider. BY OFFERING RESERVATIONS FOR TRAVEL PRODUCTS IN PARTICULAR INTERNATIONAL OR DOMESTIC DESTINATIONS, JETSPARENCY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH AREAS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.
  6. HIPAA.  Health Insurance Portability and Accountability Act (“HIPAA”) imposes rules to protect certain personal health information.  You should not share any protected health information, or any information that relates to the past, present or future physical or mental health or condition of an individual; the provision of health care to an individual; or the past, present or future payment for the provision of health care to an individual.  The Services and this Website are not intended to be used to communicate protected health information, nor comply with HIPAA. If you do share any protected health information, you do so at your own risk.
  7. Personal Information. As outlined in the Company’s Privacy Policy, incorporated herein, we will protect your Personal Information and disclose it only in a limited number of circumstances.  We have implemented measures designed to secure your Personal Information from accidental loss and from unauthorized access, use, alteration, or disclosure.  However, we cannot guarantee that unauthorized third parties will never be able to thwart those measures, or use your Personal Information for improper purposes.  You acknowledge that you provide your Personal Information at your own risk.
  8. Term and Termination. This Agreement shall commence as of the Effective Date and shall continue thereafter until terminated as set forth herein (the "Term").  Either party may terminate this agreement, upon thirty (30) days prior written notice to the other party. In the event you terminate this agreement, no refunds of any kind will be returned by Jetsparency to you. In the event Jetsparency terminates this agreement, Jetsparency will refund you the prorated unused amount of the Fee, unless Jetsparency is terminating the agreement due to your breach of these Terms.
  9. Independent Contractor. The method and manner we employ to perform the Services is under our sole control. Nothing in this Agreement gives you the right to instruct, supervise, control, or direct the details and manner of the completion of the Services. We are for all purposes under this Agreement an independent contractor and in no event will we be considered your agent or employee for any purpose.
  10. Disclaimer/No Warranties. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH RESPECT TO THE SERVICES AND/OR THIS WEBSITE.

    IN PARTICULAR, THE COMPANY ACCEPTS NO RESPONSIBILITY FOR ANY ACTIONS OR OMISSIONS OF ANY AIRLINE, AIR CHARTER SERVICE, HOTEL, CAR TRANSFER/LIMOUSINE      COMPANY OR OTHER TRAVEL RELATED COMPANY AND DISCLAIMS LIABILITY FOR ACTUAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES CAUSED BY THESE ENTITIES.

    THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SERVICES AND/OR THIS WEBSITE WILL BE SECURE, TIMELY, ERROR-FREE OR UNINTERRUPTED, OR THAT THE SERVICES ARE OR WILL REMAIN UPDATED, COMPLETE OR CORRECT, OR THAT THE SERVICES AND/OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE SYSTEMS THAT MAKE THE SERVICES AVAILABLE (INCLUDING WITHOUT LIMITATION THE INTERNET, OTHER TRANSMISSION NETWORKS, AND YOUR LOCAL NETWORK AND EQUIPMENT) WILL BE UNINTERRUPTED OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. 

    THE SERVICES AND ANY PRODUCTS AND THIRD PARTY MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND SOLELY FOR YOUR USE IN ACCORDANCE WITH THIS AGREEMENT.  YOU BEAR THE ENTIRE RISK OF USING THE SERVICES. JETSPARENCY DOES NOT GUARANTEE YOUR SATISFACTION WITH ANY ELEMENT OF THE SERVICES, INCLUDING BUT NOT LIMITED TO, THE TIMELINESS AND PRICE OF ANY TRAVEL YOU UNDERTAKE THROUGH THE SERVICES, THE ABSENCE OF ANY DELAYS OR ADDITIONAL EXPENSES ASSOCIATED WITH YOUR TRAVELS, YOUR ENJOYMENT OF ANY EXCURSION OR ACTIVITY BOOKED THROUGH THE SERVICES, THE ABSENCE OF ANY SICKNESS OR INJURY BY YOU OR YOUR IMMEDIATE FAMILY DURING YOUR TRAVEL. Jetsparency’s sole and exclusive liability and your sole and exclusive remedy for our breach of the limited warranty set out in this section shall be our reperformance of the affected Services. If we cannot reperform the services within a reasonable time after your written notice of such breach, you may, at your option, terminate the Agreement as set forth in Section 3 above

    ALL DISCLAIMERS OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) ARE MADE ON BEHALF OF BOTH THE COMPANY AND ITS AFFILIATES AND THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, LICENSORS, SUPPLIERS AND SERVICE PROVIDERS (COLLECTIVELY, THE “COMPANY PARTIES”)
  11. Indemnification. You agree to indemnify, defend, and hold harmless the Company from and against any and all third party claims alleged or asserted against any of the Company, and all related charges, damages and expenses (including, but not limited to, reasonable attorneys' fees and costs) arising from or relating to: (a) any actual or alleged breach of any provisions of these Terms; (b) any actual or alleged violation by you, an affiliate, or end user of the intellectual property, privacy or other rights of the Company or a third party; and (c) any dispute between you and another party regarding ownership of or access to your data or Personal Information submitted to the Company via its Website.
  12. Limitation of Liability. THE COMPANY EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY AND WILL NOT BE RESPONSIBLE FOR ANY DAMAGES OR LOSS CAUSED, OR ALLEGED TO BE CAUSED, BY THE TRANSMISSION OF CARDHOLDER DATA OR PERSONAL INFORMATION PRIOR TO ITS ENCRYPTION AND RECEIPT BY SERVER(S) OWNED OR CONTROLLED BY THE COMPANY.  THE COMPANY ALSO EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY DUE TO CYBERTHREATS AND DATA BREACHES OUTSIDE THE COMPANY’S CONTROL.  THE EXCLUDED DAMAGES WILL INCLUDE, WITHOUT LIMITATION, DAMAGES RESULTING FROM FRAUD, EMBEZZLEMENT, THEFT, IDENTITY THEFT, OR INVASION OF PRIVACY. 

    THE AIR CARRIERS, HOTELS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES TO YOU ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF JETSPARENCY. THE COVERED PARTIES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE COVERED PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND ITS DIRECT CONTROL, AND HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSES, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.  THE COVERED PARTIES HAVE NO LIABILITY IN THE EVENT OF ANY OTHER CONFLICT OR DISAGREEMENT BETWEEN YOU AND ANY CHARTER SERVICE OR TRAVEL PROVIDER, OR IF YOU ARE DISSATISFIED WITH A CHARTER SERVICE OR TRAVEL PROVIDER RECOMMENDED OR SUGGESTED BY JETSPARENCY.  THE COVERED PARTIES HAVE NO LIABILITY FOR CHANGES IN FEES CHARGED BY A CHARTER SERVICE OR TRAVEL PROVIDER THAT OCCUR AFTER YOUR INITIAL ENGAGEMENT OF JETSPARENCY FOR SUCH BOOKING.  YOU ARE RESPONSIBLE FOR REVIEWING TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE COMPANY PARTIES’ AGGREGATE LIABILITY, COLLECTIVELY, FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED TEN PERCENT OF THE FEES PAID PRECEDING THE DATE OF THE INCIDENT.  ALL LIMITATIONS OF LIABILITY OF ANY KIND (INCLUDING IN THIS SECTION AND ELSEWHERE IN THIS AGREEMENT) APPLY WITH RESPECT TO BOTH THE COMPANY AND THE COMPANY PARTIES.

    IN NO EVENT WILL THE COMPANY HAVE ANY LIABILITY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED, OR FOR ANY LOST PROFITS, LOSS OF USE, DATA OR OPPORTUNITIES, COST OF DATA RECONSTRUCTION, COST OR PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, WHETHER IN CONTRACT, TORT OR OTHERWISE, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THE SERVICES OR THIRD PARTY OFFERINGS, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICES, ANY DELAYED OR CANCELLED FLIGHT OR RESERVATION, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, EVEN IF THE COMPANY, ITS LICENSORS OR SUBCONTRACTORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES.

    THE COMPANY EXPRESSLY DISCLAIMS ANY LIABILITY THAT MAY ARISE BETWEEN USERS RELATED TO OR ARISING FROM USE OF THE SERVICES.  YOU HEREBY RELEASE AND FOREVER DISCHARGE THE COMPANY AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND LICENSORS FROM ANY AND ALL CLAIMS, DEMANDS, DAMAGES (ACTUAL OR CONSEQUENTIAL) OF EVERY KIND AND NATURE, WHETHER KNOWN OR UNKNOWN, CONTINGENT OR LIQUIDATED, ARISING FROM OR RELATED TO ANY DISPUTE OR INTERACTIONS WITH ANY OTHER USER, WHETHER ONLINE OR IN PERSON, WHETHER RELATED TO THE PROVISION OF  SERVICES OR OTHERWISE.
  13. Mandatory Arbitration.  PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH US AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.  In the event of any dispute, claim or controversy between or among the parties to this Agreement arising out of or relating to this Agreement or any breach thereof, including, without limitation, any claim that this Agreement or any of its parts is invalid, illegal or otherwise voidable or void, whether such dispute, claim or controversy sounds in contract, tort, equity or otherwise, and whether such dispute, claim or controversy relates to the meaning, interpretation, effect, validity, performance or enforcement of the Agreement, such dispute, claim or controversy shall be settled by and through an arbitration proceeding to be administered by the American Arbitration Association (or any like organization successor thereto) in San Francisco, California, in accordance with the American Arbitration Association’s Commercial Arbitration Rules. Each of the parties to this Agreement hereby agrees and consents to such venue and waives any objection thereto. The arbitrability of any such dispute, claim or controversy shall likewise be determined in such arbitration. Such arbitration proceeding shall be conducted in as expedited a manner as is then permitted by the commercial arbitration rules (formal or informal) of the American Arbitration Association. Both the foregoing agreement of the parties to this Agreement to arbitrate any and all such disputes, claims and controversies and the results, determinations, findings, judgments and/or awards rendered through any such arbitration shall be final and binding on the parties hereto and may be specifically enforced by legal proceedings. Notwithstanding any provision of this Agreement relating to which state laws govern this Agreement, all issues relating to arbitrability or the enforcement of the agreement to arbitrate contained herein shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.) and the federal common law of arbitration.
  14. Modification. The Company reserves the right, at its sole and absolute discretion, to change, modify, add to, supplement or delete any of these Terms of Service and/or Privacy Policy, and any and all referenced and/or incorporated exhibits or policies, programs and guidelines.  The Company will endeavor to notify you of any material changes by email, but will not be liable for any failure to do so.  If any future changes to these Terms of Service and/or Privacy Policy are unacceptable to you or cause you to no longer be in compliance with these Terms of Service, you must terminate, and immediately stop using, the Services.  Your continued use of the Services following any revision to these Terms of Service constitutes your complete and irrevocable acceptance of any and all such changes.
  15. Assignment. The Company may assign these Terms of Service and/or Privacy Policy in whole or part at any time.  However, you may not assign, delegate or transfer this Agreement in whole or in part, without the Company’s prior written consent.
  16. No Waiver. Any failure of the Company to enforce or exercise a right provided in these Terms of Service and/or the Privacy Policy is not a waiver of that right.
  17. Severability. Should any provision of these Terms of Service be found invalid or unenforceable, the remaining terms shall still apply.
  18. Force Majeure. Jetsparency shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control of Jetsparency including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-out, strikes or other labor disputes (whether or not relating to either party's workforce), computer attacks (by government/nation entities or otherwise) or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility, or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
  19. Electronic Communications and Signatures.   You agree to the use of electronic communication in order to enter into agreements and place orders, and to the electronic delivery of notices, policies and records of transactions initiated or completed through the Services.  Furthermore, you hereby waive any rights or requirements under any laws or regulations in any jurisdiction that require an original (non-electronic) signature or delivery or retention of non-electronic records, to the extent permitted under applicable law.
  20. Notices. Any notices provided by the Company under this Agreement and/or the Privacy Policy may be delivered to you to the email address(es) we have on file for your Account.  You hereby consent to receive notice from us through the foregoing means, and such notices will be deemed effective when sent if on a business day, and if not sent on a business day then on the next business day.  Except as otherwise specified in the Agreement, any notices to the Company under this Agreement must be delivered either via email to vip@jetsparency.com or via first class registered U.S. mail, overnight courier, to: 255 W Moana Ln, Suite 211C, Reno, NV 89509.

I HEREBY ACKNOWLEDGE THAT I HAVE READ AND UNDERSTAND THE FOREGOING TERMS OF SERVICE, INCLUDING THE COMPANY'S PRIVACY POLICY, AND AGREE THAT MY USE OF THE SERVICES IS AN ACKNOWLEDGMENT OF MY AGREEMENT TO BE BOUND BY THE TERMS AND CONDITIONS OF THESE TERMS OF SERVICE AND THE COMPANY’S PRIVACY POLICY INCORPORATED HEREIN.