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JumpHub Service User Agreement

Table of Contents

 

Acceptance of User Agreement

For the purposes of the JumpHub system, the term "jumpseat" or "jumpseating" refers to the act of "non-revving" and JumpHub is not responsible for security vetting any requesters, this must be done in accordance with each operators applicable security program. 

The JumpHub system is not intended to be used as a CASS or TSA equivalent security program. 

JumpHub is making the connection between a person wanting to non-rev and a participating operators schedule in a smart automated manner. 

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site and using our mobile app, you agree to this User Agreement and all other operating rules, policies and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.
Certain of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into this User Agreement by this reference.
This User Agreement applies to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Operators must comply with their operations manual and the FAR’s at all times.
JumpHub reserves the right to cancel any account and user for misuse, fraud misrepresentation or unprofessional behavior at any time without notice.
Operators are responsible for setting their own terms and conditions for jumpseaters and customers. Intentional unauthorized access may lead to JumpHub administration cancelling accounts. 

Operators must use a company email address for all accounts, personal email addresses will not be accepted.

Company non-rev policies can be added under the operator settings page. This information will be sent to any ride requester on approval of trip. 
Non-rev personnel must conduct themselves in a professional manner at all times, these common procedures can be found on www.jumpseatinfo.org

Operators NOT requiring specific non-rev agreements are essentially entering a reciprocal agreement with other users of JumpHub and agree to carry requesters when and if operational demands allow.
JumpHub does not warrant or guarantee any financial benefit from using the JumpHub system.

By accepting this user service agreement, you are giving JumpHub full authority to use your data and/or share your data with other users of JumpHub to the full extent required to enable JumpHub to provide its services.

JumpHub does not keep a record of your credit card information, payment services are provide by our trusted partners stripe. 

Pre-approval for a jumpseat ride in no way guarantees access to aircraft or secure areas. Non-rev requesters can be denied at any time, for any reason, without consequence.

Requesters must adhere to each operators policy of carriage and obey all crew member instructions, sterile cockpit procedures must be in effect.  Crew members must show a valid credentials including company ID for boarding. Non-rev requesters requesters must meet the captain at the appropriate area of the airport for security check. Riders are not permitted to film or take photos inside the aircraft unless permission has been given by the operator of that flight.

Operators accepting non-rev personnel cannot be held liable for missed flights, mechanical or weather delays, loss of finances, cancellations, denial of boarding or any unfavorable outcome of any flight or non-flight resulting from the non-rev system.

You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. The right to access the Services is revoked where this User Agreement or use of the Services is prohibited or to the extent offering, sale, or provision of the Services conflicts with any applicable law, rule, or regulation.

Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Privacy policy: JumpHub does not share any users information outside of the JumpHub network.

Eligibility

For Pilots

You must be an FAA certified pilot holding a Commercial pilot license or higher issued under PART 61 of the FAR’S, a current medical, hold a current company ID and be actively employed by a USA based FAA certified 135 operator. Pilots who have had their employment terminated by their employer shall be removed from the operator’s active flight crew list within 24 hours of the change. No refunds will be given to the flight crew for the remainder of that billing month.

For Operators

You must be a USA based, certified aircraft operator that holds a FAA part 135 operating certificate to sign up with JumpHub.

Operators must be able to carry non-rev passengers to request an account. For ongoing security, JumpHub administration will contact any operator requesting an account and verify their eligibility before their account becomes active. Operators are the administrator of their pilot’s accounts, pilots are not able to change any of their information due to security.

JumpHub is restricted to suitably credentialed pilots only, we will be expanding these benefits to flight attendants and wider company employees in the future. 

IMPORTANT: Any pilot who has their employment terminated must be removed from the operators list of active flight crew within 24 hours of the change, this will remove the pilot’s access from the system immediately.
Operators must conduct an annual audit of their active flight crew list.
JumpHub is in no way responsible for any arrangements made using the JumpHub system.

Electronic Verification

Operators and their authorized representatives can verify a requesters employment status by checking the JUMPHUB ID card in the requesting pilots app. This ID card is only accessible by a pilot who is employed by an operator that has been security verified and is currently participating in the JUMPHUB program. 

Important! The JumpHub ID is designed to be INDICITIVE ONLY, requesters must be verified in accordance with the operator of the flights applicable security program.

 

All Users

We may, in our sole discretion, refuse to offer the services to any person or entity and change its eligibility criteria at any time.

Registration

You must provide accurate and complete information and keep your Account information updated.
You shall not:

(i) select or use as a username a name of another person with the intent to impersonate that person;
(ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or
(iii) use, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure.
You may never use another person's user account or registration information for the Services without permission.
You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account.
You should never publish, distribute, or post login information for your Account.
You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

Content

Definition

For purposes of this User Agreement, the term "Content" includes, without limitation, information, data, text, photographs, videos, audio clips, written posts, articles, comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, "Content" also includes all User Content (as defined below).

User Content. All Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively "User Content"), whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such User Content. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules, and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. We do not guarantee that any information you access on or through the Services is or will continue to be accurate.

Intellectual Property Rights

The Services may contain Content specifically provided by us, our partners or our users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by all copyright notices, information, and restrictions contained in any Content accessed through the Services. The trademarks, logos, trade names and service marks, whether registered or unregistered (collectively the “Trademarks”) displayed on the Site are Trademarks of JumpHub and its third party partners. Nothing contained on the JumpHub Site shall be construed as granting by implication or otherwise, any license or right to use any Trademark displayed on the JumpHub Site without the written permission of JumpHub or such third party that may own the Trademark.

Any unauthorized commercial use of the Content, including Trademarks, will violate the intellectual property rights of JumpHub and/or third parties associated with JumpHub and will be subject to JumpHub’s and/or those third party’s full legal rights and remedies.

Use License

Use, reproduction, modification, distribution, or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right except for the terms laid out by this agreement.

License Grant

By submitting User Content through the Services, you hereby do and shall grant us a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, truncate, aggregate, reproduce, distribute, prepare derivative works of, display, perform, and otherwise fully exploit the User Content in connection with the Site, the Services and our (and our successors' and assigns') businesses, including without limitation for promoting and redistributing part or all of the Site or the Services (and derivative works thereof) in any media formats and through any media channels (including, without limitation, third party websites and feeds), and including after your termination of your Account or the Services. For the sake of clarity, the foregoing license grant includes our right to distribute, display, perform and otherwise use the User Content in connection with the JumpHub program, and you shall not be entitled to any remuneration for such use. To the extent any User Content you submit includes your name, likeness, voice, or photograph, you acknowledge and agree that this license shall apply to the same. You also hereby do and shall grant each user of the Site and/or the Services a non-exclusive, perpetual license to access your User Content through the Site and/or the Services, including after your termination of your Account or the Services. For clarity, the foregoing license grants to us and our users do not affect your other ownership or license rights in your User Content, including the right to grant additional licenses to your User Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.

Unless otherwise agreed upon in writing by you and JumpHub, you may not use any third party platforms, your own website, or your own social media pages, to link to or distribute any information on JumpHub.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all your activity in connection with the Services. You shall not (and shall not permit any third party to) either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any Content on or through the Service, including without limitation any User Content, that:

infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty, you know is false, misleading, untruthful, or inaccurate;

is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;

constitutes unauthorized or unsolicited advertising, junk, or bulk e-mail ("spamming");

contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of ours or of any third party;

impersonates any person or entity, including any of our employees or representatives; or

includes anyone's identification documents or sensitive financial information.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers') infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or "spam" on the Services; (v) use manual or automated software, devices, or other processes to "crawl" or "spider" any page of the Site; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce this User Agreement, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

Termination

We may terminate your access to all or any part of the Services at any time, with or without cause, with or without notice, effective immediately, which may result in the forfeiture and destruction of all information associated with your membership. If you wish to terminate your Account, you may do so by following the instructions on the Site or through the Services. All provisions of this User Agreement which by their nature should survive termination shall survive termination, including, without limitation, licenses of User Content, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

Warranty Disclaimer

THE SERVICES AND CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WE, AND OUR DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, PARTNERS AND CONTENT PROVIDERS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

JUMPHUB IS IN NO WAY RESPONSIBLE FOR NON-REV RIDERS, OPERATORS, PILOTS OR CUSTOMERS ACTIONS RESULTING IN INTERFERENCE OF A FLIGHT OR NON-FLIGHT, AIRCRAFT ACCIDENT, INCIDENT OR DAMAGE TO AIRCRAFT OR PROPERTY RESULTING IN FINANCIAL LOSS, INJURY OR DEATH TO ANY PARTY UTILIZING THE JUMPHUB SYSTEM. 

LEGALITY OF FLIGHT IS THE SOLE RESPONSIBILITY OF THE OPERATOR AND CAPTAIN.   JUMPHUB AND ITS PARTICIPATING OPERATORS ARE IN NO WAY RESPONSIBLE FOR ADVERSE OUTCOMES OF ANY FLIGHT OR NON-FLIGHT.  INCLUDING BUT NOT LIMITED TO; DENIAL OF BOARDINGS, MISSED CONNECTIONS, LOSS OF FINANCES, CANCELLATIONS, WEATHER OR MECHANICAL DELAYS, OR EVENTS RESULTING IN AN UNFAVORABLE OUTCOME OF ANY FLIGHT OR NON-FLIGHT.

JUMPHUB AND ITS PARTICIPATING OPERATORS ARE NOT RESPONSIBLE FOR FINANCIAL LOSS, INJURY OR DEATH TO ANY PERSONS OR DAMAGE TO ANY EQUIPMENT OR PROPERTY RESULTING FROM ANY ARRANGEMENTS SECURED THROUGH THE JUMPHUB SOFTWARE.  PROPER SECURITY VETTING OF NON-REV PERSONNEL, PASSENGERS AND CUSTOMERS IS THE SOLE RESPONSIBILITY OF THE OPERATOR OFFERING THE FLIGHT.

JUMPHUB IS IN NO WAY RESPOSIBLE FOR ACCESS TO SECURE AREAS OR AIRCRAFT.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, agents, contractors, officers, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys' fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of this User Agreement, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of Liability

IN NO EVENT SHALL WE NOR OUR AFFILIATES, NOR OUR OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, CONTRACTORS, SUPPLIERS OR CONTENT PROVIDERS, BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL OR EQUITABLE THEORY WITH RESPECT TO THE SERVICES (I) FOR ANY LOST PROFITS, DATA LOSS, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, COMPENSATORY OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING), (II) FOR ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE (REGARDLESS OF THE SOURCE OF ORIGINATION), OR (III) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

ARBITRATION CLAUSE AND CLASS ACTION WAIVER—IMPORTANT—PLEASE REVIEW AS THIS AFFECTS YOUR LEGAL RIGHTS.

Arbitration

YOU AGREE THAT ALL DISPUTES BETWEEN YOU AND US (WHETHER OR NOT SUCH DISPUTE INVOLVES A THIRD PARTY) WITH REGARD TO YOUR RELATIONSHIP WITH US, INCLUDING WITHOUT LIMITATION DISPUTES RELATED TO THIS USER AGREEMENT, YOUR USE OF THE SERVICES, AND/OR RIGHTS OF PRIVACY AND/OR PUBLICITY, WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION UNDER THE AMERICAN ARBITRATION ASSOCIATION'S RULES FOR ARBITRATION OF CONSUMER-RELATED DISPUTES AND YOU AND WE HEREBY EXPRESSLY WAIVE TRIAL BY JURY. DISCOVERY AND RIGHTS TO APPEAL IN ARBITRATION ARE GENERALLY MORE LIMITED THAN IN A LAWSUIT, AND OTHER RIGHTS THAT YOU AND WE WOULD HAVE IN COURT MAY NOT BE AVAILABLE IN ARBITRATION. Neither you nor we will participate in a class action or class-wide arbitration for any claims covered by this agreement to arbitrate. YOU ARE GIVING UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account if we are a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act and not by any state law concerning arbitration. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either we or you can elect to have the arbitration administered instead by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Any provision of applicable law notwithstanding, the arbitrator will not have authority to award damages, remedies or awards that conflict with this User Agreement.

Severability

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with us.

Governing Law and Jurisdiction
This User Agreement shall be governed by and construed in accordance with the laws of the State of Texas, excluding its conflicts of law rules, and the United States of America. Without waiving the foregoing arbitration clause, you agree that any dispute arising from or relating to the subject matter of this User Agreement shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Texas, except where the jurisdiction and venue are mandated by applicable law.

Modification

We reserve the right, in our sole discretion, to modify or replace any part of this User Agreement, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time by posting a notice on the Site or by sending you notice through the Services, via e-mail or by another appropriate means of electronic communication. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will timely provide notice of modifications, it is also your responsibility to check this User Agreement periodically for changes. Your continued use of the Services following notification of any changes to this User Agreement constitutes acceptance of those changes.

Miscellaneous

Entire Agreement and Severability

This User Agreement is the entire agreement between you and us with respect to the Services, including use of the Site, mobile app, and supersedes all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of this User Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this User Agreement will otherwise remain in full force and effect and enforceable.

Assignment

This User Agreement is personal to you, and is not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of this User Agreement and neither party has any authority of any kind to bind the other in any respect.

No Waiver

Our failure to enforce any part of this User Agreement shall not constitute a waiver of our right to later enforce that or any other part of this User Agreement. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with this User Agreement to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in this User Agreement are for convenience only and shall not affect their interpretation.

Contact and Company details

JumpHub LLC is a Texas based company, you can contact us at customerservice@jumphub.aero

Effective Date of User Agreement: 01/20/20