IMPORTANT NOTICE: WHERE YOU EITHER RESIDE WITHIN, OR ACCESS B4youfly SERVICES FROM, THE UNITED STATES OF AMERICA, DISPUTES ABOUT THESE TERMS AND THE B4YOUFLY SERVICES ARE SUBJECT TO BINDING ARBITRATION AND A WAIVER OF CLASS ACTION RIGHTS AS DETAILED IN THE “MANDATORY ARBITRATION AND CLASS ACTION WAIVER” SECTION BELOW.

Terms and Conditions

THE TERMS AND CONDITIONS SET FORTH (THE “TERMS”) GOVERN YOUR USE OF THE SITE(S)/SERVICE(S) AND ARE LEGALLY BINDING. PLEASE READ THESE TERMS CAREFULLY – IF YOU DO NOT AGREE WITH ANY OF THE TERMS, DO NOT ACCESS OR OTHERWISE USE THE SITE(S)/SERVICE(S) OR ANY INFORMATION CONTAINED ON THE SITE. YOUR USE OF THE SITE(S)/SERVICE(S) SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. 

This Terms of Use (the “Terms”) is a legal agreement between you and B4youfly LLC and its corporate affiliates, subsidiaries, and divisions as may change from time to time (collectively, “B4youfly,” “we,” “us,” and “our”). These terms together with our Privacy Policy apply to B4youfly’s websites, mobile applications, and other digital and interactive services that link to these Terms (together, the “Services”). 

You acknowledge and agree that, by accessing or using the Services or by uploading or posting any User Content (as defined below) to the Services, you, your heirs, and permitted assigns (collectively, “you”) are indicating that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, then you have no right to access or use the Services and should not continue doing so. 

We may, from time to time, modify these Terms. Please check this page periodically for updates. Any changes will be posted on the Services. If you do not agree to, or cannot comply with, the modified Terms, you must stop using the Services. The updated Terms will take effect after their posting and will apply on a going-forward basis, unless otherwise provided in a notice to you, and except where you either reside within, or access Services from, the United States of America as provided in the Mandatory Arbitration and Class Action Waiver section of these Terms. Your continued use of the Services after any such update constitutes your binding acceptance of such changes. 

Additional terms may apply to your use of the Services. We will provide these terms to you or post them on the Services in connection with the features to which they apply; they are incorporated by reference into these Terms. For example, B4youfly’s Privacy Policy (which describes how we collect, use and disclose your data and your consent to such collection, use, and disclosure) is incorporated below and is a part of these Terms. If there is a conflict between these Terms and any additional terms that apply to a particular feature of the Services, the additional terms will control, but only to the extent of the conflict. 

Not Limited to Buyers, Suppliers, Partners and other associations

In order to use our service, you must be a natural person, 18 years or older. You represent and warrant that you are of sufficient legal age to use the site(s)/service(s) and are authorized to represent your company in entering the binding legal obligations you may incur as a result of its use. You agree to be financially responsible for any liability you may incur as a result of using the site(s)/service(s). You agree that you will not use any robot, bot, spider, or other automatic or manual device or process to monitor or copy any pages on the site(s)/service(s). Additionally, you may not take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure. 

Services Provided by B4youfly

B4youfly LLC (“B4youfly”) provides a service that allows buyers to submit quote requests to multiple suppliers for a variety of products and services through its sites on the World Wide Web (the “Site”). B4youfly may not always be able to match buyer request(s) with suppliers. 

We do not guarantee the quality of the suppliers who receive and respond to your request(s). B4youfly is a conduit for matching buyers and suppliers. We are not responsible for any transaction that may occur between the buyer and/or buyer’s company and a B4youfly participating supplier/partner(s). B4youfly does not guarantee the quality, safety or legality of the information provided or the products and services rendered. The buyer should exercise as much caution and due diligence as would typically be exercised with any purchase of products or services. Should the buyer have a dispute with any supplier, it must be addressed directly with the supplier and not with B4youfly. Buyer hereby agrees to release B4youfly from any and all damages or claims arising out of or in any way connected with such disputes and transactions with suppliers. 

Buyer Specific Terms

A buyer is classified as the person/company who enters information seeking a quote for a product or service. 

Use Of B4youfly Services

B4youfly is not a supplier of products or services, nor is it a third-party to any transactions involving products or services. 

By completing a quote request on the Services, you are entering into an agreement with B4youfly and a business relationship with B4youfly’ suppliers/affiliates and thus agree to be contacted by B4youfly and its suppliers/affiliates. You consent to receive automated marketing, promotional, or informational calls and texts from or on behalf of B4youfly and up to five parties at the phone number provided in the Services. These calls/texts may involve use of autodialer or prerecorded or artificial voice technology. You understand consent is not a condition of purchase.  B4youfly may also send you information and offers related to B4youfly products and services, which you can choose to opt out of by changing your notification preferences as described in our Privacy Policy. 

It is agreed that your use of B4youfly services is for purchasing purposes and not for any other purpose including advertising, research or competitive intelligence. You acknowledge that B4youfly verifies the request(s) and has the right, at our discretion, to deny any request that is in violation of these terms and conditions. 

If it is determined or suspected by B4youfly, at our sole discretion, that you are misusing or attempting to misuse or circumvent the B4youfly services or system, or are using or attempting to use it for any inappropriate purposes, (including but not limited to activities such as hacking, fraud, advertising, or spamming) B4youfly reserves the right to immediately terminate your access without notice and to commence legal actions or proceedings to seek remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs, expenses, and to seek injunctions or other equitable remedies. 

Information You Provide to Us

When using B4youfly services, you will be prompted to disclose relevant information about yourself and your purchasing requirements. The information provided will be sent to matching suppliers/affiliates who will respond to you regarding your request. You agree that all information provided is accurate to the best of your knowledge. If B4youfly has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, B4youfly has the right to refuse or reject you current or future use of any services. 

Your acceptance of these Terms & Conditions indicates that you expressly consent B4youfly use of your personal information in accordance with B4youfly stated Privacy Policy. 

Supplier Specific Terms

A supplier is classified as the person/company who receives the buyer’s request and contacts the buyer regarding quotes on a product or service. 

Should the supplier have a dispute with any buyer, it must be addressed directly with the buyer and not with B4youfly. Supplier hereby agrees to release B4youfly from any and all damages or claims arising out of or in any way connected with such disputes and transactions with buyers. 

Supplier Account Maintenance

During the initial set up of services, an account manager will verify the geographical coverage and product specifications that are in place according to the products and/or services your company offers. Only a user authorized by the main contact of an account can authorize profile changes. B4youfly is not responsible for account discrepancies nor for incorrect profiles set-up under the direction of a supplier. 

Cancellation Policy

You may opt out of the service at any time by providing written notification of cancellation. Only the primary contact or name listed on the account may authorize the cancellation of services. Terms differ based on service agreement and any outstanding balance will immediately be charged to the credit card on file within 48 hours. 

Account Deletion

If You are using the App on an iOS device, You have the option to delete your account.  However, if You have an active or upcoming booking or have an outstanding balance on your account then You cannon delete your account until there’s no active or upcoming bookings and there is no outstanding balance on your account.  Although your account will be deleted from the App, you booking and transaction history will be retained in our database in case a dispute may arise in the future. To request account deletion explicitly please reach out support@B4youfly.com

General Terms

Use of B4youfly Content

The Site design, graphics, images, text, information, documents, products and services provided or offered on the Site, including the selection and arrangement of such items, are the copyrighted work(s) of B4youfly or its licensors (“Materials”). 

B4youfly may wish to grant you a limited, personal, non-exclusive and non-transferable license to display the Materials only on your personal computer and to print hard copy portions of this Site for the sole purpose of placing a quote request with B4youfly. Any other use of Materials on this Site – including reproduction for purposes other than those noted above, modification, distribution, or republication – without the prior written permission of B4youfly is strictly prohibited. This limited license terminates automatically, without notice to you, if you breach any of these Terms. Upon termination of this limited license, you agree to immediately destroy any downloaded and printed Materials. Except as stated herein, you acknowledge that you have no right, title to or interest in the Materials on any legal basis. 

Use of B4youfly content for any other purpose is expressly prohibited by law, and may result in civil and criminal penalties. Violators will be prosecuted to full extent of the law. 

Links to Third Party Sites

This Site may be linked by B4youfly to other sites which are not under the control of or maintained by B4youfly. You acknowledge that B4youfly is providing these links to you only as a convenience, and further agree that B4youfly is not responsible for the content or links displayed on such sites. 

MANDATORY ARBITRATION AND CLASS ACTION WAIVER

THIS SECTION ONLY APPLIES WHERE YOU EITHER RESIDE WITHIN, OR ACCESS OUR SERVICES FROM, THE UNITED STATES OF AMERICA. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Application.
You and B4youfly agree that these Terms affect interstate commerce and that the Federal Arbitration Act governs the interpretation and enforcement of these arbitration provisions. This MANDATORY ARBITRATION AND CLASS ACTION WAIVER Section is intended to be interpreted broadly and governs any and all disputes between us including but not limited to claims arising out of or relating to any aspect of the relationship between us, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory; claims that arose before these Terms or any prior agreement (including, but not limited to, claims related to advertising); and claims that may arise after the termination of these Terms. The only disputes excluded from this broad prohibition are the litigation of certain intellectual property and small court claims, as provided below. 

Initial Dispute Resolution.
Most disputes can be resolved without resorting to arbitration. If you have any dispute with us, you agree that before taking any formal action, you will contact us at support@B4youfly.com, and provide a brief, written description of the dispute and your contact information (including your username, if your dispute relates to an account). Except for intellectual property and small claims court claims, the parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with B4youfly, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration. 

Binding Arbitration.
If the parties do not reach an agreed-upon solution within a period of sixty (60) days from the time informal dispute resolution is initiated under the Initial Dispute Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve claims, (except as provided in the Exception section below) subject to the terms set forth below. Specifically, all claims arising out of or relating to these Terms (including the Terms’ formation, performance, and breach), the parties’ relationship with each other, and/or your use of B4youfly shall be finally settled by binding arbitration administered by JAMS in accordance with the JAMS Streamlined Arbitration Procedure Rules for claims that do not exceed $250,000 and the JAMS Comprehensive Arbitration Rules and Procedures for claims exceeding $250,000 in effect at the time the arbitration is initiated, excluding any rules or procedures governing or permitting class actions.

Arbitrator’s Powers.
The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms including but not limited to any claim that all or any part of these Terms is void or voidable, whether a claim is subject to arbitration, or the question of waiver by litigation conduct. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. 

Filing a Demand.
To start an arbitration, you must do the following: (a) Write a Demand for Arbitration that includes a description of the claim and the amount of damages you seek to recover (you may find a copy of a Demand for Arbitration at www.jamsadr.com); (b) Send three copies of the Demand for Arbitration, plus the appropriate filing fee, to JAMS, Two Embarcadero Center, Suite 1500, San Francisco California 94111; and (c) Send one copy of the Demand for Arbitration to us at B4youfly LLC, Attn: Legal, 5900 Balcones Drive, Suite 100, Austin, Texas 78731.

To the extent the filing fee for the arbitration exceeds the cost of filing a lawsuit, B4youfly will pay the additional cost. If the arbitrator finds the arbitration to be non-frivolous, B4youfly will pay the fees invoiced by JAMS, including filing fees and arbitrator and hearing expenses. You are responsible for your own legal fees unless the arbitration rules and/or applicable law provide otherwise.

The parties understand that, absent this mandatory arbitration provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Arbitration may take place in the county where you reside at the time of filing, unless you and we both agree to another location or telephonic arbitration.

Class Action Waiver.
The parties further agree that the arbitration shall be conducted in the party’s respective individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. YOU AND B4youfly 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. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provisions set forth above shall be deemed null and void in their entirety and the parties shall be deemed to have not agreed to arbitrate disputes. 

Exception: Litigation of Intellectual Property and Small Claims Court Claims. Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to theft, piracy or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. 

30-Day Right to Opt Out: You have the right to opt out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt out to at support@B4youfly.com with the subject line, “ARBITRATION AND CLASS ACTION WAIVER OPT-OUT.” The notice must be sent within thirty days of your first use of the Services. Otherwise you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of these arbitration provisions, B4youfly also will not be bound by them. 

Changes to This Section:  B4youfly will provide notice of any changes to this section by posting on the Services. Amendments will become effective after they are posted on the Services or sent to you by email. If a court or arbitrator decides that this subsection on “Changes to This Section” is not enforceable or valid, then this subsection shall be severed from the section entitled Mandatory Arbitration and Class Action Waiver, and the court or arbitrator shall apply the first Mandatory Arbitration and Class Action Waiver section in existence after you began using the Services. 

Survival.
This Mandatory Arbitration and Class Action Waiver section shall survive any termination of your use of B4youfly website or services. 

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, B4youfly SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY CLAIMING THROUGH YOU FOR ANY DAMAGES SUFFERED AS A RESULT OF YOUR DISPLAYING, OR DOWNLOADING ANY INFORMATION OR MATERIAL CONTAINED ON THE SITE. IN NO EVENT SHALL B4youfly BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, WHETHER FOR BREACH OR IN TORT, EVEN IF B4youfly HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. 

Additional Terms

B4youfly AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE. ALL SUCH DOCUMENTS AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. B4youfly EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ANY AND ALL LIABILITY FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL (INCLUDING LOST PROFIT), EXEMPLARY OR PUNITIVE DAMAGES (EVEN IF B4youfly HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THIS AGREEMENT OR ANY CONSEQUENCES WHICH FLOW FROM IT. SOME STATES DO NOT ALLOW LIMITATIONS ON OR EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH STATES, THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. 

You agree to indemnify B4youfly, its officers, employees, affiliates, agents, subsidiaries, and co-branders and hold them each harmless from any and all claims, including attorney’s fees, made by any third party due to or arising from your use of the B4youfly services or connection to the B4youfly web site or your violation of the Terms and Conditions, or arising from your violation of any rights of a third party. 

The Terms and Conditions will inure to the benefit of B4youfly’s successors, assigns and licensees. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. The failure of B4youfly to exercise or enforce any right or provision of the Terms and Conditions shall not constitute a waiver of such right or provision. You agree that any claim or cause of action arising out of or related to use of the B4youfly Services or the Terms and Conditions must be filed within thirty (30) days after such claim or cause of action arises. The section titles in the Terms and Conditions are for convenience only and have no legal or contractual effect. 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and B4youfly as a result of this Agreement or use of this Web site. 

This Agreement is governed by the laws of the state of Texas. You hereby consent to the exclusive jurisdiction and venue of courts in Travis County, Texas, in all disputes arising out of or relating to the use of this site. 

This Agreement constitutes the entire agreement between you and B4youfly with respect to this site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and B4youfly with respect to this site. 

By using the B4youfly site and Services, you are stating that you have read and understand the Terms and Conditions, and agree to be bound by the Terms and Conditions as provided, and as B4youfly may update from time to time. If you have any questions about our terms of conditions, email us at support@B4youfly.com.