TERMS AND CONDITIONS OF SERVICE
Please read these Terms carefully before you open an account on the Wing It Platform. By accessing or using the Wing It Platform, you accept and agree to be bound and abide by these Terms. These Terms remain in effect until either you or we terminate these Terms pursuant to the Terms. Section 17 of these Terms contains an Arbitration Agreement and class action waiver that apply to all claims brought against Wing It in the United States. Please read them carefully.
The Wing It Platform
1.1 Overview. The Wing It Platform is an online marketplace that enables Landowners to publish Activities on the Wing It Platform and to communicate and transact directly with Members who are seeking to reserve Activities.
1.2 Wing It’s Role. Wing It does not own, create, sell, resell, provide, control, manage, offer, deliver, or supply any Activities or Activity Listings. Landowners alone are responsible for their Activity Listings. When Members make or accept a reservation, they are entering into a contract directly with the Landowner. Wing It is not, and does not become, a party to or otherwise participate in any contractual relationship between the Member and Landowner. Wing It is not an insurer. Wing It is not acting as an agent for any Member or Landowner. By using the Wing It Platform, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of a Member or Landowner will be limited to a claim against that particular Member or Landowner who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Wing It with respect to such actions or omissions.
1.4 No Guarantee by Wing It. Wing It has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Activity Listings or Activities, (ii) the truth or accuracy of any Activity Listings or other Content, or (iii) the performance or conduct of any Member or Landowner. Wing It does not endorse any Member, Landowner, Activity Listing, or Activity. You should exercise due diligence and care when deciding whether to reserve an Activity Listing or communicating and interacting with other Members and Landowners.
1.5 Limited Relationship. Your relationship with Wing It is that of an independent individual or entity and not an employee, agent, joint venturer, or partner of Wing It. Wing It does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms. You acknowledge and agree that you have complete discretion whether to list an Activity, reserve an Activity, or otherwise engage in other business or employment activities.
1.6 Internet Availability. Due to the unpredictability of the Internet, Wing It cannot guarantee the continuous and uninterrupted availability and accessibility of the Wing It Platform. Wing It may restrict the availability of the Wing It Platform to perform maintenance measures, ensure the proper or improved functioning of the Wing It Platform, or for the security and integrity of Wing It’s servers.
1.7 Age Verification. In order to access and use the Wing It Platform and register an account on Wing It, you must be an individual at least 18 years old or a duly organized, validly existing business or other legal entity that is in good standing under the laws of the state and country in which such business or legal entity is established and able to enter into binding contracts.
1.8 Account Registration. You must register an account to use the Wing It Platform. If you are registering an account for a business or other legal entity, you represent and warrant that you have the authority to legally bind such entity and grant Wing It all permissions and licenses provided in these Terms. You must provide accurate, current, and complete information during the account registration process. You may not register more than one (1) account. The various types of Member accounts can be found on Wing It’s membership page.
Member Responsibilities, Assumption of Risk, and Reserving Activities
2.1 Member Responsibilities. As a Member you are responsible and liable for your own acts and omissions and are also responsible for the acts and omissions of anyone you invite to join or provide access to the Activity. Before and during an Activity you must at all times adhere to the Landowner’s instructions and all applicable laws. As a Member, you are responsible for ensuring that you have all appropriate permits, licenses, and tags. If you are reserving for an additional Member who is a minor or if you bring a minor to an Activity, you must be legally authorized to act on behalf of the minor and you are solely responsible for the supervision of that minor.
2.2 Member Assumption of Risk. As a Member, you acknowledge that many activities carry inherent risks and agree that, to the maximum extent permitted by applicable law, you assume the entire risk arising out of your access to and use of the Wing It Platform and any Content, including your engagements of any Activity, or any other interaction you have with other Members whether in person or online. This means it is your responsibility to investigate an Activity to determine whether it is suitable for you. Certain Activities may carry risk of illness, bodily injury, disability, or death, and you freely and willfully assume those risks by choosing to participate in those Activities.
2.3 Reserving Activities. When you reserve an Activity, you agree to pay the price as determined between you and the Landowner. You also agree that Landowner’s may charge and collect any security deposit identified during checkout. When you receive the reservation confirmation, a contract for Activities (sometimes called a reservation in these Terms) is formed directly between you and the Landowner. The cancellation policy and any other rules, standards, policies, or requirements identified in the Activity Listing or during checkout form part of your contract with the Landowner. An Activity reservation is a limited license to enter, occupy, and use the Activity. The Landowner retains the right to re-enter the property where the Activity is taking place during your use of the applicable property, to the extent: (i) it is reasonably necessary, (ii) permitted by your contract with the Landowner, and (iii) consistent with applicable law. If you stay past the usage period as determined by you and the Landowner, the Landowner has the right to make you leave in a manner consistent with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed Members.
2.4 Referral Program. Members can refer new Members and obtain rewards for such referrals pursuant to the terms in the Referral Policy.
Landowner Responsibilities, Assumption of Risk, and Other Landowner Terms
3.1 Landowner Responsibilities. As a Landowner you are responsible and liable for your own acts and omissions and also responsible for the acts and omissions of anyone you allow to participate in providing your Activities. You are responsible for setting the price and establishing rules and requirements for the Activity Listing. You must describe any and all fees and charges in the Activity Listing description and may not collect any additional fees or charges outside the Wing It Platform. You shall not encourage Members to create third-party accounts, submit reviews, provide their contact information, or take other actions outside the Wing It Platform.
3.2 Landowner Assumption of Risk. As a Landowner, you acknowledge that your Activities carry inherent risks and agree that you assume the entire risk arising out of your access to and use of the Wing It Platform, offering your Activities, or any interaction you have with other Members whether in person or online. You agree that you have had the opportunity to investigate the Wing It Platform and any laws, rules, regulations, or obligations that may be applicable to your Activity Listings or Activities and that you are not relying upon any statement of law made by Wing It.
3.3 Contracting with Members. When you accept a reservation request, or receive a reservation confirmation through the Wing It Platform, you are entering into a contract directly with the Member, and are responsible for delivering your Activity under the terms and at the price specified in your Activity Listing. You also agree to pay all applicable Taxes for each reservation.
3.4 Creating and Managing an Activity Listing. Each Activity Listing must include complete and accurate information about your Activity including the description, location, calendar availability, the price, other charges like security deposits, and any rules or requirements that apply to your Members or Activity Listing. Each Activity Listing must disclose any deficiencies, restrictions, and requirements that apply to the Activity Listing. You are responsible for keeping your Activity Listing information and content up-to-date and accurate at all times.
3.5 Ownership. When creating an Activity Listing, as a Landowner you represent and warrant that you are the owner of the property, or have the right to list the property on the Wing It Platform.
3.6 Legal Obligations. As a Landowner, you are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to your Activity Listing. Information we provide, if any, regarding legal requirements is for informational purposes only. You should independently confirm your obligations. You are responsible for handling and using personal data of Members and others in compliance with applicable privacy laws and these Terms. When listing an Activity you must, where applicable, fully educate and inform Members about (i) any risks inherent to the Activity, (ii) any requirements for participation including, but not limited to, minimum age, skill level, and level of fitness, and (iii) anything else the Member(s) need to know to safely participate in the Activity.
3.7 Agritainment Insurance.
Cancellations, Refunds, and Reservation Modifications
4.1 Cancellations and Refunds. Members may cancel a confirmed reservation at any time pursuant to the Activity Listing’s cancellation policy as set by the Landowner. If a Landowner cancels a reservation, then the Member will receive a full refund for the applicable reservation. Regardless of any Landowner’s listed cancellation policy, if a Member cancels a reservation within forty-eight (48) hours from the time of the reservation confirmation, the Member will be given a full refund. Unless otherwise set forth by the Landowner in the Activity Listing, if a Member cancels a reservation more than forty-eight (48) hours from the time of the reservation confirmation, then the Member will not receive a refund.
4.2 Reservation Modifications. Members and Landowner’s are responsible for any Reservation Modifications they agree to make, and agree to pay any additional amounts, fees, or taxes associated with any Reservation Modification.
As a Landowner, you are solely responsible for determining and fulfilling your obligations under applicable laws to report, collect, remit, or include in the Activity Listing fee any applicable Taxes.
Wing It Platform Rules
6.1 Rules. You must follow these rules and must not help or induce others to break or circumvent these rules:
(a) Do not lie, misrepresent something or someone, or pretend to be someone else;
(b) Do not scrape, hack, reverse engineer, compromise or impair the Wing It Platform;
(c) Do not use bots, crawlers, scrapers, or other automated means to access or collect data or other content from or otherwise interact with the Wing It Platform;
(d) Do not hack, avoid, remove, impair, or otherwise attempt to circumvent any security or technological measure used to protect the Wing It Platform or Content;
(e) Do not decipher, decompile, disassemble, or reverse engineer any of the software or hardware used to provide the Wing It Platform;
(f) Do not take any action that could damage or adversely affect the performance or proper functioning of the Wing It Platform;
(g) Users may only use another User’s personal information as necessary to facilitate a transaction using the Wing It Platform as authorized by these Terms;
(h) Do not use the Wing It Platform, our messaging tools, or Users’ personal information to send commercial messages without the recipient’s express consent;
(i) Users may use Content made available through the Wing It Platform solely as necessary to enable the User’s use of the Wing It Platform as a Member or Landowner;
(j) Do not use Content unless granted permission from the Content owner or the use is authorized by us in these Terms or another agreement the User has with us;
(k) Do not request, make, or accept a reservation or any payment outside of the Wing It Platform to avoid paying fees, taxes or for any other reason;
(l) Do not require or encourage Users to open an account, leave a review, complete a survey, or otherwise interact, with a third party website, application or service before, during or after a reservation, unless authorized by Wing It;
(m) Do not engage in any practices that are intended to manipulate our search algorithm.
(n) Do not use, copy, display, mirror or frame the Wing It Platform, any Content, any Wing It branding, or any page layout or design without our consent; and
(o) Honor legal obligations, including but not limited to:
(i) Understand and follow the laws that apply, including privacy, data protection, and export laws;
(iii) Read and follow our Terms;
(iv) Do not organize or facilitate unauthorized parties or events. You are responsible and liable for any party or event during your reservation;
(v) Do not use the name, logo, branding, or trademarks of Wing It or others without permission; and
(vi) Do not use or register any domain name, social media handle, trade name, trademark, branding, logo, or other source identifier that may be confused with Wing It branding.
6.2 Reporting Violations. If you believe that a User, Activity Listing, or Content poses an imminent risk of harm to a person or property, you should immediately contact local authorities before contacting Wing It. If you report an issue to local authorities, Wing It may request a copy of that report. Except as required by law, you agree that we are not obligated to take action in response to any report.
6.3 Copyright Notifications. If you believe that Content on the Wing It Platform infringes copyrights, then please notify us at the address listed in Section 16 of these Terms.
After each Activity concludes, Members and Landowners will have an opportunity to submit a star rating and review each other. Reviews reflect the opinions of the Users and do not reflect the opinion of Wing It. Reviews are not verified by Wing It for accuracy and may be incorrect or misleading. Users are prohibited from manipulating the review system, which includes, but is not limited to, instructing a third-party to write a positive or negative review about another User.
Termination, Suspension and other Measures
9.1 Termination. You may terminate these Terms at any time by sending us an email or by deleting your account. Wing It may terminate these Terms and your account for any reason by giving you 30 days’ notice via email or using any other contact information you have provided. Wing It may also terminate these Terms immediately and without notice and stop providing access to the Wing It Platform if you breach these Terms, you violate our Policies, you violate applicable laws, or we reasonably believe termination is necessary to protect Wing It, its Users, or third parties. If your account has been inactive for more than two years, we may terminate your account without prior notice.
9.2 Member Violations. If you (i) breach these Terms, our policies, or our standards, (ii) you violate applicable laws, regulations, or third-party rights, (iii) Wing It believes it is reasonably necessary to protect Wing It, its Users, or third parties, or (iv) you are found to have caused damage to a Landowner’s property as discussed below in Section 10; Wing It may, with or without prior notice:
(a) suspend or limit your access to or use of the Wing It Platform and/or your account;
(b) suspend or remove Activity Listings, Reviews, or other Content;
(c) cancel pending or confirmed reservations; or
(d) suspend or revoke any special status associated with your account.
For minor violations or where otherwise appropriate as Wing It determines in its sole discretion, you will be given notice of any intended measure by Wing It and an opportunity to resolve the issue. If a reservation is cancelled under this Section, the amount paid to the Landowner will be reduced by the amount we refund or otherwise provide to the Member, and by any other costs we incur as a result of the cancellation.
9.3 Legal Mandates. Wing It may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described above in Section 9.2.
9.4 Effect of Termination. If you are a Landowner and terminate your Wing It account, any confirmed reservation(s) will be automatically cancelled and the Member will receive a full refund. If you are a Member and terminate your account, any confirmed reservation(s) will be automatically cancelled and any refund will depend upon the terms of the reservation’s cancellation policy. When these Terms have been terminated, you are not entitled to a restoration of your account or any of your Content. If your access to or use of the Wing It Platform has been limited, or your Wing It account has been suspended, or these Terms have been terminated by us, you may not register a new account or access or use the Wing It Platform through an account of another User.
9.5 Survival. Parts of these Terms that by their nature survive termination, will survive termination of these Terms.
Resolving Complaints and Damage Claims
As a Member, you are responsible for leaving the Landowner’s property in the condition it was in when you arrived. As a Landowner, if a Member causes damage to your property, you may make a claim for compensation through the Resolution Center. The Member will be given an opportunity to respond to the Landowner’s claim.
Disclaimer of Warranties
We provide the Wing It Platform and all Content “as is” without warranty of any kind and we disclaim all warranties, whether express or implied. Any references to a Member or Activity Listing being “verified” (or similar language) indicate only that the Member or Activity Listing or Wing It has completed a relevant verification or identification process and nothing else. The disclaimers in these Terms apply to the maximum extent permitted by law. If you have statutory rights or warranties we cannot disclaim, the duration of any such statutorily required rights or warranties, will be limited to the maximum extent permitted by law.
Limitations on Liability
Neither Wing It (including its affiliates and personnel) nor any other party involved in creating, producing, or delivering the Wing It Platform or any Content will be liable for any incidental, special, exemplary or consequential damages, including lost profits, loss of data or loss of goodwill, service interruption, computer damage or system failure or the cost of substitute products or services, or for any damages for personal or bodily injury or emotional distress arising out of or in connection with (i) these Terms, (ii) the use of or inability to use the Wing It Platform or any Content, (iii) any communications, interactions or meetings you may have with someone you interact or meet with through, or as a result of, your use of the Wing It Platform, or (iv) publishing or reservation of a Activity Listing, including the provision or use of Activities, whether based on warranty, contract, tort (including negligence), product liability or any other legal theory, and whether or not Wing It has been informed of the possibility of such damage, even if a limited remedy set out in these Terms is found to have failed of its essential purpose.
Except for our obligation to transmit payments to Landowners under these Terms, in no event will Wing It’s aggregate liability for any claim or dispute arising out of or in connection with these Terms, your interaction with any Users, or your use of or inability to use the Wing It Platform, any Content, or any Activity, exceed: (A) to Members, the amount you paid as a Member during the 12-month period prior to the event giving rise to the liability, (B) to Landowners, the amount paid to you as a Landowner in the 12-month period prior to the event giving rise to the liability, or (C) to anyone else, one hundred U.S. dollars (US$100).
These limitations of liability and damages are fundamental elements of these Terms between you and Wing It. If applicable law does not allow the limitations of liability set out in these Terms, the above limitations may not apply to you.
To the maximum extent permitted by applicable law, you agree to release, defend (at Wing It’s option), indemnify, and hold Wing It (including other affiliates and their personnel) harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with: (i) your breach of these Terms (including any supplemental or additional terms that apply to a product or feature), (ii) your improper use of the Wing It Platform, (iii) your interaction with any User, or use of an Activity, including without limitation any injuries, losses or damages (whether compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of such interaction, stay, participation or use, (iv) your failure, or our failure at your direction, to accurately report, collect or remit Taxes, or (v) your breach of any laws, regulations or third party rights such as intellectual property or privacy rights.
Wing It may modify these Terms at any time in our sole discretion. When we make material changes to these Terms, we will post the revised Terms on the Wing It Platform and update the “Last Updated” date at the top of these Terms. We will also provide Members with notice of any material changes by email at least 30 days before the date they become effective. If you disagree with the revised Terms, you may terminate these Terms immediately as provided in these Terms. If you do not terminate these Terms before the date the revised Terms become effective, then your continued access to or use of the Wing It Platform will constitute acceptance of the revised Terms.
- Governing Law and Venue.
If you reside or have your place of establishment in the United States, then these Terms will be interpreted in accordance with the laws of the State of Kansas and the United States of America, without regard to conflict-of-law provisions. Judicial proceedings (other than small claims actions) that are excluded from the arbitration agreement in Section 17 must be brought in state or federal court in Douglas County, Kansas, unless we both agree to some other location. You and we both consent to venue and personal jurisdiction in Douglas County, Kansas.
- Wing It Entity.
Wing It, LLC, a Kansas limited liability company, is the Wing It entity. You may contact Wing It, LLC at: Wingit, LLC 706 Massachusetts, Lawrence KS 66044
- Dispute Resolution and Arbitration Agreement.
17.1 Application. This Arbitration Agreement only applies to you if your country of residence or establishment is the United States. If your country of residence or establishment is not the United States, and you nevertheless attempt to bring any legal claim against Wing It in the United States, this Arbitration Agreement will apply for determination of the threshold issue of whether this Section 17 applies to you, and all other threshold determinations, including residency, arbitrability, venue, and applicable law.
17.2 Overview of Dispute Resolution Process. These Terms provide for a two-part process for individuals to whom this Section 17 applies: (1) an informal negotiation directly with Wing It’s customer service team (described in paragraph 17.3, below), and if necessary (2) a binding arbitration administered by the AAA. You and Wing It each retain the right to seek relief in small claims court as an alternative to arbitration.
17.3 Mandatory Pre-Arbitration Dispute Resolution and Notification. At least 30 days prior to initiating an arbitration, you and Wing It each agree to notify the other party of the dispute in writing and attempt in good faith to negotiate an informal resolution. You must send your notice of dispute to Wing It by mailing it the address listed in Section 16 of these Terms. Wing It will send its notice of dispute to the email address associated with your Wing It account. A notice of dispute must include: the party’s name and preferred contact information, a brief description of the dispute, and the relief sought. If the parties are unable to resolve the dispute within the 30-day period, only then may either party commence arbitration by filing a written Demand for Arbitration (available at www.adr.org) with the AAA and providing a copy to the other party as specified in the AAA Rules (available at www.adr.org).
17.4 Agreement to Arbitrate. You and Wing It mutually agree that Disputes will be settled by binding individual arbitration (the “Arbitration Agreement”). If there is a dispute about whether this Arbitration Agreement can be enforced or applies to our Dispute, you and Wing It agree that the arbitrator will decide that issue.
17.5 Exceptions to Arbitration Agreement. You and Wing It each agree that the following causes of action and/or claims for relief are exceptions to the Arbitration Agreement and will be brought in a judicial proceeding in a court of competent jurisdiction (as defined by Section 21): (i) any claim or cause of action alleging actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights; (ii) any claim or cause of action seeking emergency injunctive relief based on exigent circumstances (e.g., imminent danger or commission of a crime, hacking, cyber-attack); or (iii) a request for the remedy of public injunctive relief. You and Wing It agree that the remedy of public injunctive relief will proceed after the arbitration of all arbitrable claims, remedies, or causes of action, and will be stayed pending the outcome of the arbitration pursuant to section 3 of the Federal Arbitration Act.
17.6 Arbitration Rules and Governing Law. This Arbitration Agreement evidences a transaction in interstate commerce and the Federal Arbitration Act governs all substantive and procedural interpretation and enforcement of this provision. The arbitration will be administered by AAA in accordance with the AAA Rules then in effect, except as modified here. The AAA Rules are available at www.adr.org. In order to initiate arbitration, a completed written demand (available at www.adr.org) must be filed with the AAA and provided to the other party, as specified in the AAA rules.
17.7 Modification to AAA Rules – Arbitration Hearing/Location. Wing It agrees that any required arbitration hearing may be conducted, at your option: (a) in the U.S. county where you reside; (b) in Douglas County, Kansas; (c) via phone or video conference; or (d) if all parties agree, by solely the submission of documents to the arbitrator.
17.8 Modification of AAA Rules – Attorney’s Fees and Costs. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Wing It will pay all arbitration fees and expenses. Either party may make a request that the arbitrator award attorneys’ fees and costs upon proving that the other party has asserted a claim, cross-claim or defense that is groundless in fact or law, brought in bad faith or for the purpose of harassment, or is otherwise frivolous, as allowed by applicable law and the AAA Rules.
17.9 Arbitrator’s Decision. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court with proper jurisdiction. The arbitrator may award any relief allowed by law or the AAA Rules, but declaratory or injunctive relief may be awarded only on an individual basis and only to the extent necessary to provide relief warranted by the claimant’s individual claim.
17.10 Jury Trial Waiver. You and Wing It acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable Disputes.
17.11 No Class Actions or Representative Proceedings. You and Wing It acknowledge and agree that, to the fullest extent permitted by law, both parties each waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney general action, or any other representative or consolidated proceeding. Unless we agree in writing, the arbitrator may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding. If there is a final judicial determination that applicable law precludes enforcement of the waiver contained in this paragraph as to any claim, cause of action or requested remedy, then that claim, cause of action or requested remedy, and only that claim, cause of action or requested remedy, will be severed from this agreement to arbitrate and will be brought in a court of competent jurisdiction. In the event that a claim, cause of action or requested remedy is severed pursuant to this paragraph, then you and we agree that the claims, causes of action or requested remedies that are not subject to arbitration will be stayed until all arbitrable claims, causes of action and requested remedies are resolved by the arbitrator.
17.12 Severability. Except as provided in Section 17.11, in the event that any portion of this Arbitration Agreement is deemed illegal or unenforceable, such provision will be severed and the remainder of the Arbitration Agreement will be given full force and effect.
17.13 Changes to Agreement to Arbitrate. If Wing It changes this Section 17 after the date you last accepted these Terms (or accepted any subsequent changes to these Terms), you may reject that change by sending us written notice (including by email) within 30 days of the date the change is effective. Rejecting a new change, however, does not revoke or alter your prior consent to any earlier agreements to arbitrate any Dispute between you and Wing It (or your prior consent to any subsequent changes thereto), which will remain in effect and enforceable as to any Dispute between you and Wing It.
17.14 Survival. Except as provided in Section 17.12 and subject to Section 9.5, this Section 17 will survive any termination of these Terms and will continue to apply even if you stop using the Wing It Platform or terminate your Wing It account.
18.1 Other Terms Incorporated by Reference. Our other supplemental policies and terms linked to in these Terms apply to your use of the Wing It Platform, are incorporated by reference, and form part of these Terms with Wing It.
18.2 Interpreting these Terms. Except as they may be supplemented by additional terms, conditions, policies, guidelines, standards, and in-product disclosures, these Terms (including those items incorporated by reference) constitute the entire agreement between Wing It and you pertaining to your access to or use of the Wing It Platform and supersede any and all prior oral or written understandings or agreements between Wing It and you. These Terms do not and are not intended to confer any rights or remedies upon anyone other than you and Wing It. If any provision of these Terms is held to be invalid or unenforceable, except as otherwise indicated in Section 17.11 above, such provision will be struck and will not affect the validity and enforceability of the remaining provisions. Where the word “will” is used in these Terms it connotes an obligation with the same meaning as “shall.”
18.3 No Waiver. Wing It’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by us in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
18.4 Assignment. You may not assign, transfer or delegate these Terms or your rights and obligations hereunder without Wing It’s prior written consent. Wing It may without restriction assign, transfer or delegate these Terms and any rights and obligations hereunder, at its sole discretion, with 30 days’ prior notice.
18.5 Notice. Unless specified otherwise, any notices or other communications to Members permitted or required under these Terms, will be provided electronically and given by Wing It via email, Wing It Platform notification, messaging service, or any other contact method we enable and you provide.
18.6 Third-Party Services. The Wing It Platform may contain Third-Party Services that are subject to different terms and privacy practices. Wing It is not responsible or liable for any aspect of such Third-Party Services and links to such Third-Party Services are not an endorsement.
18.7 Apple Terms. If you access or download our application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement.
18.8 Wing It Platform Content. Content made available through the Wing It Platform may be protected by copyright, trademark, and/or other laws of the United States and other countries. You acknowledge that all intellectual property rights for that Content are the exclusive property of Wing It and/or its licensors and agree that you will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices. You may not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit any Content accessed through the Wing It Platform except to the extent you are the legal owner of that Content or as expressly permitted in these Terms. Subject to your compliance with these Terms, Wing It grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view the Content made available on or through the Wing It Platform and accessible to you, solely for your personal and non-commercial use.
18.9 Force Majeure. Wing It shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
18.10 Emails and SMS. You will receive administrative communications from us using the email address or other contact information you provide for your Wing It account. Enrollment in additional email subscription programs will not affect the frequency of these administrative emails, though you should expect to receive additional emails specific to the program(s) to which you have subscribed. You may also receive promotional emails from us. No fee is charged for these promotional emails, but third-party data rates could apply. You can control whether you receive promotional emails using the notification preferences in your account settings. Please note that you will not be able to take advantage of certain promotions if you disable certain communication settings or do not have an Wing It account.
SCHEDULE A – GLOSSARY
Capitalized terms used in herein shall have the meanings set forth in this Section A:
- “AAA” means the American Arbitration Association.
- “AAA Rules” means the Consumer Arbitration Rules and/or other AAA arbitration rules determined to be applicable by the AAA.
- “Activity” or “Activities” means a property for hunting, fishing, camping, and other outdoor activities offered by a Landowner to a Member.
- “Activity Listing” means a Landowner’s offering of an Activity to Members.
- “Arbitration Agreement” means the definition as found in Section 23.4 of the Terms.
- “Content” means feedback, text, photos, audio, video, information, and other content.
- “Disputes” means any dispute, claim, or controversy arising out of or relating to these Terms or the applicability, breach, termination, validity, enforcement, or interpretation thereof, or any use of the Wing It Platform, Activities, or any Content.
- “Landowner” or “Landowners” means those Users that publish and offer Activities for use by Members.
- “Member” or “Members” means those Users who enroll in the Wing It Platform subscription service and search for, reserve, and/or use an Activity.
- “Payment Terms” means those terms as specified in the Payments Terms of Service.
- “Reservation Modifications” means modifications made to any reservation by either (a) Landowners or Members on the Wing It Platform or (b) Wing It customer service on behalf of the Member.
- “Taxes” means any applicable VAT or other indirect sales taxes, occupancy taxes, tourist, income, or other taxes.
- “Terms” means these Terms and Conditions of Service.
- “Third-Party Services” means links to third-party websites, applications, services, or resources.
- “User” or “Users” means the users of the Wing It Platform which includes Landowners and Members.
- “Wing It,” “we,” “us,” or “our” refers to the Wing It entity set forth in Section 22 of these Terms.
- “Wing It Platform” means the websites, applications, and other offerings from Wing It.
- “You” means the entity or person agreeing to these terms.