Terms & Conditions

FLIGHT CLUB TERMS OF USE

Effective date: February 13, 2018

Flight Club New York LLC (“Flight Club”, “we”, or “us”) operates, hosts, or manages a number of websites, including, without limitation, https://www.flightclub.com (the “Site”). These Terms of Use (“Terms”), along with our Privacy Policy, apply to your use of the Site and the services, features and functions that are offered and made available on, through, or using the Site. These Terms constitute a legally binding agreement between you and us. You must be 13 years old or the age of majority in your jurisdiction in order to use our Site. If you are under 13 years old or the age of majority in your jurisdiction, then you may use the Site only with your parent’s or legal guardian’s permission. By accessing or using our Site, you agree that you (or your parent or legal guardian) have read, understand, and are bound by the terms and conditions set forth herein. IF YOU (OR YOUR PARENT OR LEGAL GUARDIAN) DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE.

PRIVACY

Our Privacy Policy is incorporated into these Terms. Please read it carefully since it describes, among other things, how we collect and use information from you when you use our Site.

CONSIGNMENT

One of the services we provide is allowing you to sell your sneakers through our consignment marketplace. Our consignment service is governed by the Consignment Agreement Master Terms and Conditions (“Consignment Agreement”), which are incorporated into these Terms. By using our consignment service, you agree to be bound by the Consignment Agreement.

REGISTRATION

You may view some parts of the Site without registering, but in order to access and use other parts of the Site, you may be required to register an account with us. You are solely responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. It is your sole responsibility to provide and maintain accurate account information. We reserve the right to cancel your account at any time for any reason without prior notice to you. If there has been an unauthorized use of your password or account, please notify us immediately.

INVENTORY AVAILABLE

We do our best to ensure that the product you're ordering is available at the time of purchase. That said, in some instances product will become unavailable during the order process, and we will not be able to fulfill your order. We make no guarantees on the availability of product as represented on our Site.

PRICES

The price of a product is the price in effect at the time we receive your order. We may change prices from time to time. Occasionally the Site may have an incorrect price for an item. If that happens, we will notify you before the item has shipped.

Default prices are in U.S. dollars. Prices listed on the Site do not include sales tax or shipping charges.

SHIPPING AND DELIVERY

For information on our shipping and delivery policies, please see our Delivery and Return policy and FAQs.

ALL SALES ARE FINAL

Since the majority of products we carry are provided on consignment from independent sellers, all sales are final. No refunds or exchanges will be permitted. If you are concerned about sizing for a particular style of shoe, please refer to the manufacturer’s size guidelines.

TYPOGRAPHICAL ERRORS

We are not responsible for typographical errors. Although every effort is made to warrant that the information detailed on the Site is accurate, from time to time a typographical error may appear as it applies to, but is not limited to, price, model name, style number, and description. Please accept our apologies for such errors, and we will make corrections as such errors are found. The decision of honoring incorrect pricing, for whatever reason it has occurred, is at our sole discretion and is reviewed on a case-by-case basis.

GIFT CARDS

Flight Club Gift Cards are not a credit/debit card and have no implied warranties. Gift Cards are not redeemable for cash unless required by law and cannot be used to make payments on any charge account. Gift Cards cannot be used to buy other Gift Cards. Flight Club reserves the right to deactivate or reject any Gift Card issued or procured, directly or indirectly, in connection with fraudulent actions, unless prohibited by law.

To check your Flight Club Gift Card balance, click “CHECK BALANCE” at https://www.flightclub.com/checkout/cart/ and enter your Gift Card code.

The risk of loss and title for Gift Cards passes to the purchaser upon our electronic transmission of the Gift Card to the purchaser or designated recipient or our delivery to the carrier, whichever is applicable. Gift Cards must be obtained from https://www.flightclub.com, and you are responsible for safeguarding your Gift Card from unauthorized use. We are not responsible if a Gift Card is lost, stolen, or destroyed, or if your Gift Card is used without your permission. There are a variety of Gift Card scams that request payment by Gift Card. Flight Club is not responsible for and assumes no liability to you for any unlawful conduct or fraud by any third party associated with any Gift Card.

OWNERSHIP

Unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including, without limitation, all information, services, features, functions, copyrights, trademarks, service marks, and other intellectual property rights contained within the Site. You agree that all right, title, and interest in the Site will remain ours or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Flight Club name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes.

USE RESTRICTIONS

While using the Site you agree to comply with all applicable laws, rules, and regulations. In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms, including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site you will not:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site;
  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site;
  • Frame or mirror any part of the Site without Flight Club’s express prior written consent;
  • Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site;
  • Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization;
  • Use the Site to make unsolicited offers, requests, advertisements, or spam;
  • Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make;
  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties; or
  • Engage in any activity that is criminal or tortious in nature or otherwise violates the law or rights of another, including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

COPYRIGHT

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Flight Club a notice at the address listed below requesting that we remove the material or block access to it, but you must include the following information:

  1. Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
  2. Identification of the content that you believe to be infringing and its location. Please describe the content in as much detail as possible, and provide us with its URL or any other pertinent information that will allow us to locate the content.
  3. Your name, address, telephone number, and (if available) email address.
  4. A statement that you have a good faith belief that the use of the work you are reporting is not authorized by the copyright owner, its agent, or the law.
  5. A statement that the information you have supplied is accurate and that under penalty of perjury you are the copyright owner or authorized representative.
  6. A signature or the electronic equivalent from the copyright holder or authorized representative.

If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. See https://www.copyright.gov for details. Notices and counter-notices should be sent to: Attn: Copyright Agent, Flight Club New York LLC, 812 Broadway, New  York, NY 10003 or to [email protected] We suggest that you consult your legal advisor before filing a notice or counter-notice.

DISCLAIMER OR WARRANTIES

THE SITE AND ALL SERVICES PROVIDED, INCLUDING ANY ITEMS SOLD OR PURCHASED, ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH THE USE OF THE SITE AND SERVICES, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY MATERIALS AVAILABLE THROUGH THE SITE. TO THE EXTENT ALLOWED BY APPLICABLE LAW OR AS OTHERWISE STATED IN WRITING, FLIGHT CLUB DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SITE AND SERVICES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF NONINFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. FLIGHT CLUB MAKES NO WARRANTY THAT THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, THAT THE INFORMATION OBTAINED FROM THE SITE WILL BE ACCURATE, COMPLETE, CURRENT, OR RELIABLE, THAT THE QUALITY OF THE SITE WILL BE SATISFACTORY TO YOU, OR THAT ERRORS OR DEFECTS WILL BE CORRECTED. FLIGHT CLUB MAKES NO GUARANTEE REGARDING THE RELIABILITY, ACCURACY, OR QUALITY OF ANY COMMUNICATION THAT IS POSTED ON THE SITE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF ITEMS SOLD OR PURCHASED IS WITH YOU. SHOULD ITEMS SOLD OR PURCHASED PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, FLIGHT CLUB SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY CLAIM, LOSS, OR DAMAGE, DIRECT OR INDIRECT, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. YOU SPECIFICALLY ACKNOWLEDGE THAT FLIGHT CLUB SHALL NOT BE LIABLE TO YOU FOR YOUR ACTIONS OR COMMUNICATIONS USING OUR SITE OR IN CONNECTION WITH OUR SITE. FLIGHT CLUB SHALL NOT BE LIABLE FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE SITE OR ANY LINKED SITES OR FOR ANY INFORMATION OR PRODUCTS OBTAINED THROUGH USE OF THE SITE OR OTHERWISE ARISING OUT OF THE USE OF THE SAME, REGARDLESS OF THE FORM OF ACTION OR BASIS OF ANY CLAIM. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OF WARRANTIES OR LIMITATIONS ON DAMAGES, SO SOME OF THESE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. IF YOU HAVE A DISPUTE WITH FLIGHT CLUB OR ARE DISSATISFIED WITH THE SITE, TERMINATION OF YOUR USE OF THE SITE IS YOUR SOLE REMEDY. FLIGHT CLUB HAS NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

INDEMNITY

You agree to defend, indemnify, and hold harmless Flight Club and its respective employees, officers, directors, agents, representatives, licensors, suppliers, and service providers from and against all claims, losses, costs, and expenses (including attorney’s fees) arising out of (a) your use of, or activities taken, in connection with the Site; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement, and you agree to fully cooperate with us in doing so.

APPLICABLE LAW

These Terms will be construed and enforced under the laws of the State of New York without regard to choice of law principles, except for the Arbitration Agreement below, which shall be governed by the Federal Arbitration Act.

ARBITRATION AGREEMENT

Any controversy, claim, action, or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of these Terms (“Dispute”) shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under these Terms and with respect to any Dispute. You and Flight Club expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to Flight Club New York LLC, 812 Broadway, New York, NY 10003. You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website https://www.adr.org or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the Dispute, the parties shall agree to another arbitration provider. Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s applicable rules. Flight Club will reimburse those fees for claims totaling less than $10,000. Flight Club waives its right to seek attorneys’ fees and costs in arbitration. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

In lieu of arbitration, either you or Flight Club may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

Waiver of Right to Bring Class Actions and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court. Any relief, however, must be individualized to you and shall not affect any other customer. You and Flight Club agree that each may bring claims against the other in arbitration only in your or their respective individual capacities, and in so doing you and Flight Club hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.

Other Terms. This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after these Terms are discontinued or your use of the Site ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

THIRD-PARTY SITES

The Site may contain links to third-party websites. Flight Club has no control over such websites and is not responsible for the availability of such external websites. Flight Club does not endorse and is not responsible or liable for any content, advertising, products, services, or other materials on or available from such third-party websites linked from the Site. Flight Club does not make any representations regarding the content or accuracy of materials on such third-party websites, and your use of third-party websites is at your own risk and subject to the terms, conditions, policies, and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorization. You acknowledge and agree that Flight Club does not endorse such third-party sites and is not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products, or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

TERMINATION

We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.

SEVERABILITY

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal, or unenforceable by a court, arbitrator, or other tribunal of competent jurisdiction, then (a) the validity, legality, and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of these Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

CHANGES

We reserve the right to change any part of the Site, including these Terms, at any time. If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms. If you do not agree with our updated Terms, you may not use our Site.

QUESTIONS OR COMMENTS

If you have any questions or comments about these Terms or the Site, please contact us at [email protected]