RISE TERMS AND CONDITIONS AND RISE MEMBERSHIP AGREEMENT
Last modified: March 18, 2016
NOTICE: RISE (and its subsidiaries and affiliates) acts solely as agent for the RISE Membership Group in arranging flights on the Group's behalf. RISE is not an operator of aircraft, nor does it provide air transportation. RISE procures, on a volume basis, scheduled air transportation and other services, such as ground transportation, aircraft catering, and airport parking, for its members. RISE is not an air carrier and does not hold out, offer, sell, or provide air transportation. RISE only arranges only FAA licensed and DOT registered air carriers. Air carriers will exercise full and complete operational control of all program aircraft.
RISE reserves the right to change this Agreement and to make changes to any Product or Service described in the Site at any time without notice or liability. Ay such revisions are prospectively binding on your and you should visit this page periodically when you use the Site to review the current Agreement that binds you.
Terms found in these Terms of Service that are capitalized are defined in this Section, or are otherwise defined below.
"Content" means the text, documents, information, data, articles, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are available on the Site. "Content" also includes Marks and Products and Services.
"Mark" means trademark, trade name, service mark, trade dress, logo, custom graphics, or icon.
"Member" means an individual, company or other entity who has registered with the Site and agreed to the Membership Agreement. Members choose a unique Member ID and a password. Certain membership levels may require a membership fee or regular reoccurring payments. Others may not.
"Member ID" means the e-mail address you use (with your password) to login to our Site.
"Membership Group" means the Members of RISE Alpha, LLC.
"Operator" means an air carrier licensed pursuant to U.S. Federal Aviation Regulations Part 135 (the "Operator"), who shall have exclusive direction, operational control and authority over initiating, conducting or terminating flights.
"RISE," "we" or "us" means RISE Alpha, LLC, and its subsidiaries and affiliates.
"Products and Services" means airline travel booking platform, and other goods or services available from RISE, but does not include the operation of air travel.
"Provider" means RISE affiliates, suppliers, information providers, and travel and leisure service providers, including Operators.
"Book" means to reserve access of the Products or Services available from RISE.
"Site" means this Website (www.iflyRISE.com) and any respective subsites, subdomains, or applications (apps) that provide access to the Products and Services, together with the respective Content, Marks, Products and Services available from this Site and any subsites.
The terms "Site," "Marks," "Content," and "Products and Services" do not include the sites, marks, content, products or services that are provided by third parties, and which are available through a link from the Site. Their use is subject to the terms set forth by their respective owners or operations, on the third party's website.
Scope and Terms
These Terms govern your use of all Content, Products, or Services available through the Site. You agree to be bound by these Terms, and to use the Site in strict compliance with all applicable laws, rulings and regulations, and in a manner that does not negatively reflect on the goodwill or reputation of RISE or its Providers.
Additional terms, including Provider agreements, may apply when you use RISE Products or Services, or when you participate in other promotions. RISE maintains electronic copies of all Provider Agreements. These additional terms are available for review on request. You will not be deemed to be violating these Terms when actin gin accordance with the terms and conditions of any Provider affiliated with RISE. Likewise, the Terms of this agreement will be considered broadened to the extent necessary to permit affiliated third-parties to operated within the terms of a written agreement that they entered into with RISE.
Minors (as defined under the of their jurisdiction or residence) may become Members provided their membership is directly associated with their parent or guardian. At no time may a minor access, use or Book the Products or Services available on this Site. Only a parent or legal adult guardian may act on behalf of a minor member.
You are responsible for maintaining the secrecy of your Member ID and password. This is essential to protect the confidentiality of any information that may be stored on this Site. In addition, you will be financially accountable for all use of our Site by you and anyone using your password and login information.
Use of Site
RISE grants you a limited, personal, non-transferable, non-assignable, fully revocable license to access and use the Site only as expressly permitted in these Terms. Except for this limited license, we do not grant you any other rights or license with respect to this Site; any rights or licenses not expressly granted herein are reserved by RISE Alpha, LLC.
Unless we have granted written permission in advance and in writing, you may use the Site only for your use, and not to provide services to a third party.
No Copy, Distribution, or Sale
You may download, display, or print one (1) copy of any portion of the Content within the public Site or Booking Product.
If you do so, you may not modify the Content in any way, and you must reproduce the RISE copyright notice (or the Provider's notice as applicable) in the form:
© 2016 RISE, LLC - All Rights reserved
as displayed on the relevant page(s) that you might copy.
Except as provided above, you may not
- Copy, reproduce, upload, post, display, republish, distribute, transmit, more than one (1) part of any Content in any form whatsoever;
- Use a frame or border environment around the Site, or other framing technique to enclose any portion or aspect of the Site, or mirror or replicate any portion of the Site;
- Modify, translate into any language or computer language, or create derivative works from, any Content or any part of this Site;
- Reverse engineer any part of this Site; or
- Sell, offer for sale, transfer, or license any portion of the Site in any form to any third parties.
Unless otherwise provided within these Terms, or unless specific applicable law requires RISE to allow you to do so, you may not do any of the following without the prior written consent of RISE:
- Use any robot, spider, other automatic device, or manual process to monitor Content;
- Use the Site other than to make legitimate reservations or Bookings;
- Use the Site to make any false, fraudulent or speculative reservation, or any reservation in anticipation of demand;
- Imply in any fashion that RISE is endorsing your products or services;
- Place false or misleading information on the Site;
- Post or transmit any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, open RISE to civil or criminal liability, or otherwise violate any law; or for any other purpose that is unlawful or prohibited by these Terms.
- Use or access the Site in any way that, in our reasonable judgment, adversely affects the performance or function of the Site, or any other computer systems or networks used by RISE, other Site users or members;
- Upload or transmit to the Site or use any device, software or routine that contains viruses, Trojan horses, worms, time bombs, or other computer programming routines that may damage, interfere or attempt to interfere with, or intercept the normal operation of our Site, or appropriate the Site or any system, or take any action that imposes an unreasonable load on our computer equipment, or that infringes upon the rights of a third party;
- Use any device, software, or routine that interferes, or attempts to interfere, with the normal operation of our site, or take any action that impose an unreasonable load on our equipment; or
- Disguise the origin of the information transmitted through the Site.
Member ID and Password
Access to certain areas of the Site is only available to registered Members. To become a registered Member, you are required to enter into the Membership Agreement set forth below. You represent and warrant that all information you supply to us about yourself and others, including email addresses, is true, valid and accurate, and that you have the right to supply us with such information.
RISE, in its sole and unfettered discretion, may, at any time and without advance notice or liability, terminate or restrict your access to all or any component of our Site, even if access continues to be allowed to others. Upon such termination or suspension, you must immediately discontinue use of the Site and destroy any copy you have made of any portion of the Site. Accessing the Site after such termination, suspension, or discontinuation shall constitute an act of trespass. RISE shall not be responsible to you for such suspension or termination.
RISE, in its sole and unfettered discretion, may, at any time and without advance notice or liability, terminate your membership, with or without cause.
Any aspect of the Site may be changed, supplemented, deleted, updated, discontinued, suspended, or modified at any time, and without prior notice to you. However, we make no commitment to update the information contained on this Site. You agree that RISE shall not be liable to you for any delay or other damages that might result from such modification, suspension, or discontinuance.
We may also, at any time, change or impose fees for certain services, or establish or change general practices and limits concerning certain services. We may also modify these Terms, as provided in the Modifications section, below.
Services and Content
RISE will use our commercially reasonable efforts to keep our Site available on a 24-hour/7-day-a- week basis, subject to necessary scheduled downtime for maintenance, unscheduled maintenance, and system outages. We cannot promise that access to the Site will be uninterrupted or available at all times. RISE assumes no liability or responsibility for any delay, interruption, or downtime.
The Content is intended for informational purposes only. Although we exercise reasonable efforts to ensure quality and accuracy, there may exist errors, or the information provided may not be complete, current, or applicable to your particular situation. Further, information provided regarding third-party services, amenities, products, etc. will have been provided to us by the vendor. We assume no liability or responsibility for any errors or omissions. You are responsible for evaluating the accuracy, completeness, and usefulness of any opinion, advice, or other content available through the Site or obtained from a linked site.
You should not take any action based on information on this Site until you have received a confirmation of your transaction via electronic mail. If you have not received a confirmation of your booking via e-mail, first look into your "spam" or "junk" folder to verify that it has not been misdirected, and if still not found, please contact our customer service department. Our contact information is provided below.
Viruses & Malware
We make reasonable attempts to exclude viruses, malware or other destructive software from the Site, but cannot ensure that the Site will be at all times free from viruses or other destructive software. You are urged to take appropriate safeguards before downloading information from the Site. We assume no responsibility for any harm or damage to computer equipment or other property that may result from use of the Site or downloading anything from the Site.
This Site is the sole and exclusive property of RISE. RISE retains all right, title and interest (including all copyright, trademark, patent, trade secrets, and all other intellectual property rights) in the Site. The Site is protected by copyright, trademark, patent, trade secrets, unfair competition, and other laws of worldwide, through the application of local laws or international treaties. Any unauthorized use, reproduction or modification of this Site may violate such laws.
RISE, IFLYRISE, RISE AIR, TRAVEL BETTER, #Travelbetter and all other Marks that appear, are displayed, or used on the Site are registered or common law trademarks or service marks of RISE or its Providers. These Marks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without prior written permission from RISE or the relevant Provider, except as an integral party of any authorized copy of the Content.
Your Comments and Submissions
Any communications or materials you transmit to RISE, whether through the Site, by electronic mail or otherwise, including any data, question, comments, survey, rating, suggestion, idea, or the like ("Communications or Materials") will be treated as non-confidential and non-proprietary. By voluntarily submitting to us, or by posting on the Site any Communications or Materials, you grant RISE, and all users of the Site, a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, and assignable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Communications or Materials in any form, media or technology. We assume no responsibility for any Communications or Materials posted or submitted, or for the return or such Communications or Materials. We want your feedback and appreciate your ideas and suggestions, but we may not to answer every comment individually.
Disclaimer of Warranty
RISE and its Providers make no warranty of any kind regarding the Site, Content, Products or Services, all of which are provided on an "as-is" basis. RISE and its Providers expressly disclaim any representation or warranty that the Site will be free from errors, viruses or other harmful components, that communications to or from the Site will be secure and not intercepted, that the Services and other capabilities offered from the Site will be uninterrupted, or that its Content will be accurate, complete or timely. The fact that RISE is including or offering any Product or Service on the Site is not an endorsement or a recommendation of the Product or Service.
OTHER THAN THOSE WARRANTIES WHICH, UNDER THE LAWS APPLICABLE TO THESE TERMS, ARE IMPLIED BY LAWS, AND ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION, RISE AND ITS PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
Limitation of Liability
Subject to applicable law, use of this Site and its Content is at your sole risk. Services and Products made available on this Site are subject to conditions imposed by the Providers, including but not limited to tariffs, conditions of carriage, international conventions and arrangements, and federal government regulations. Providers who furnish products or services through this Site are independent contractors, and not agents or employees of RISE.
IN NO EVENT WILL RISE OR ITS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THIS SITE, ANY HYPER LINKED WEB SITE, THE ACTS OR OMISSIONS OF PROVIDERS WHO FURNISH PRODUCTS OR SERVICES THROUGH THIS SITE, OR THE PRODUCTS OR SERVICES OFFERED BY PROVIDERS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, THAT ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH (I) ANY USE OF, BROWSING OR DOWNLOADING OF ANY PART OF OUR SITE OR CONTENT, (II) ANY FAILURE OR DELAY (INCLUDING WITHOUT LIMITATION THE USE OF OR INABILITY TO USE ANY COMPONENT OF THIS SITE FOR RESERVATIONS OR TICKETING), OR (III) THE PERFORMANCE OR NON-PERFORMANCE BY US OR ANY PROVIDER, (IV) ANY ACT BEYOND THE CONTROL OF RISE, INCLUDING ANY ACT OF GOD (INCLUDING, WITHOUT LIMITATION, WIND, RAIN, ICE, FIRE, EXPLOSION, EARTHQUAKE, FLOOD, TIDAL WAVE, ETC.), RIOT, STRIKE, WAR, HOSTILITIES (WHETHER WAR IS DECLARED OR NOT), INVASION, ACTS OF FOREIGN POWERS, ACTS OR THREATS OF TERRORISM, SHORTAGE OF FUEL OR MATERIALS, ETC., OR (V) ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, EVEN IF RISE AND THE PROVIDER(S) HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES TO SUCH PARTIES OR ANY OTHER PARTY.
If, despite the limitation above, RISE or a Provider is found liable for any loss or damage which arises out of or is in any way connected with any of the occurrences described in the limitation above, then RISE and the Providers' liability will in no event exceed, in total, the sum of USD $1,000.00. Some states do not allow the limitation of liability, so the limitations above may not apply to you.
You agree to indemnify, defend and hold harmless RISE and any Provider, and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees, in excess of the liability described above, in any action filed or commenced by any third party against RISE as a result of (1) your breach of these Terms or the documents made part of these Terms by reference, (2) your violation of any law or the rights of a third party or (3) your use of our Site.
Travel Services Terms and Conditions
Reservations and Bookings
You agree to abide by the terms and conditions of booking imposed by any Provider, including, without limitation, any Provider Agreements, if applicable.
You are responsible for ensuring that your bookings abide by the terms and conditions of bookings imposed by any Provider, including any terms or conditions of booking set forth by an Operator.
Neither RISE nor the FAA or other authority, nor any provider of air traffic data makes any promises or guarantees as to the accuracy, completeness, or adequacy of any delay or other air traffic management information on this site, and RISE expressly disclaims liability for any errors and omissions.
Jurisdiction and Venue
The laws of the United States of America, and the State of Texas, without regard to their conflict of laws rules, will govern these Terms. The use of this Site will subject you to personal jurisdiction in the State of Texas. Any dispute legal action relating to your use of our Site or these Terms, including any action filed by RISE, shall be filed only in the state and federal courts located in Dallas County, Texas, United States. In any such action or any action we may initiate, the prevailing party will be entitled to recover all legal expenses incurred in connection with the action, including but not limited to costs, both taxable and non-taxable, and reasonable attorneys' fees.
Your acceptance of these Terms and your use of the Site do not create a joint venture, partnership, or employment relationship with us. You may not assign, delegate, or transfer your rights or obligations under these Terms. If we fail to act with respect to your breach or anyone else's breach on any occasion, we are not waiving our right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, that Term will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. The headings in these Terms are for your convenience and reference; they do not limit or affect these Terms. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our Site, and replaces any prior understandings or agreements (whether oral or written) regarding your use of our Site. Member hereby appoints RISE as Member’s agent to arrange on Member’s behalf air transport and related services as described herein.
Provisions of these Terms
Prior Terms and Conditions
These Terms supersede any prior Terms and Conditions relating to the use of the Site that were displayed on this Site before the date stated above.
You may preserve these Terms in written form by printing them for your records, and you waive any other requirement that these Terms be evidenced by a written document.
To the extent that we may need to contact you, you agree that we may do so via any electronic means, included but not limited to communication posted on the Site, electronic mail, or instant messaging.
RISE MEMBERSHIP AGREEMENT
By subscribing to RISE Alpha, LLC (“RISE”) membership you (“Member”) and RISE agree to the following terms and conditions (the “Agreement”) relating to the services provided in relation to Member’s subscription to RISE’s membership program.
RISE may amend or modify this Agreement from time to time. Amendments to this Agreement will be effective without notice upon RISE’s publication of such amendments on its Site. Member’s continued access or use of the Products or Services after such posting constitutes Member’s consent to be bound by the amended Agreement.
RISE PROGRAM AND SOFTWARE
RISE is a member-based travel service. RISE procures, on a volume basis, scheduled air transportation and other services, such as ground transportation, aircraft catering, and airport parking, for its members. It is not an air carrier and does not hold out, offer, sell, or provide air transportation. As one of the benefits of the membership program, RISE, as Member’s agent, agrees to arrange transportation services for Member to be provided by aircraft operators holding an air carrier certificate authorizing them to furnish air transportation services pursuant to Federal Aviation Regulations 14 C.F.R. Part 135 (“FAR Part 135”, “Program”). Member understands that RISE is not an aircraft operator and arranges air travel and other services solely as a manager of the Program and as Member’s agent. For clarification purposes, “Private Aircraft Charter”, “Aircraft Charter”, “Private Charter”, “Charter”, “RISE travel” refers to accessing, using, booking, arranging, or chartering an aircraft. Except when it is expressly stated that a flight is operated pursuant to the Public Charter Program, all travel arrangements are made pursuant to CFR 135 Federal Regulations under these terms, restrictions and limitations reflected herein. RISE may provide access to its software including applications, websites, electronic social/commerce, marketplaces, and integrated communication tools, which form part of the Program, and are designed to enhance the user-experience, communications, service optimization, functionality and logistics of the Program (“Software”). Members can access and utilize such Program and Software only as stipulated and limited under the terms and conditions of this Agreement.
In exchange for a membership, RISE provides access to the following services that include but not limited to: sourcing aircraft for the purpose of Aircraft Charter, acting as Member’s agent in negotiating with operators and signing charter contracts on Member’s behalf, organizing aircraft reservation, coordinating payment, arranging in-flight services, flight tracking, and arranging ground transportation (collectively, the “Services”).
FEDERAL AVIATION REGULATION PART 135 OPERATIONS
All flights under this Agreement are operated by an FAR Part 135 certificated air carrier (the “Operator”), who shall have exclusive direction, control and authority over initiating, conducting or terminating flights (“Operational Control”). RISE is not a FAR Part 135 air carrier and does not provide air carrier services. The Operator performing the flight will be subject to, but not limited to: flight time and duty time restrictions and airport limitations that may preclude or limit operations to certain airports and other applicable regulations and requirements. Member understands and agrees that the Operator shall have absolute discretion in all matters, including, and without limitation: the preparation of the aircraft for flight and the flight itself, the load carried and its distribution, the decision whether or not a flight, the route to be flown, and all matters relating to the operation of the aircraft. Member specifically agrees that the Operator shall have final and complete authority to cancel any flight for any reason or condition that in its sole and absolute judgment could compromise the safety of flight and may take any other action that, in its opinion, is necessitated by consideration of safety. No such action of the Operator shall create or support any liability for loss, injury, damage or delay to Member. In addition, the Operator shall have the right to refuse boarding to any person: (a) who appears to be intoxicated or under the influence of any illicit or controlled substance drug; (b) who refuses to be subject to any reasonable checks of his or her person or baggage by the Operator, or by government or airport authorities; (c) whose condition, including apparent illness or incapacity, in the sole judgment of the operator would involve hazard or risk to himself, herself or others; or (d) who fails to provide proper identification in compliance with applicable laws.
ACCEPTANCE OF MEMBERSHIP
Member agrees to provide all information requested by RISE through the desktop and/or mobile application, software and forms provided online, via email or mail. Acceptance of Members into the Membership Group is at the sole and unfettered discretion of RISE. If upon application, Member is refused admission to the Membership Program, RISE will refund the Membership Fee, if any was charged, and there shall be no further obligation owed by either party.
INITIATION FEE, MEMBERSHIP FEE, AND THE MEMBERSHIP ACCOUNT
Member understands and agrees that they may be obligated to pay a one-time initiation fee to activate their Membership, amount of which will be determined by RISE, and itemized on an invoice sent to Member (“Initiation Fee”). If a Membership is cancelled or terminated for any reason, Member shall pay new Initiation Fee to activate their Membership for any new term. Initiation Fee or any portion of it is non-refundable and may be waived at the sole discretion of RISE.
Member agrees to pay an monthly membership fee during the entire Term (defined below) of the Agreement (the “Membership Fee”). The Membership Fee is due on a monthly recurring basis. Member agrees to provide RISE a credit card and authorizes RISE to automatically charge the Membership Fee and any other costs to the credit card on file. The Membership Fee is an access fee for use of the RISE Products or Services and is non-refundable, except as specifically provided herein, even if Member fails to utilize the Products or Services. The Membership Fee is not amortized over time and not based on Member’s ability to purchase or use the Service.
RISE reserves the rights to waive or adjust the membership fee depending on the configuration of various membership models. In every case every member must sign off this Membership Agreement and agree to the RISE Terms. This includes RISE scheduled service members (“RISE Routes”) RISE air charter members (“RISE Anywhere”), RISE limited access members (“RISE Now”), or any other membership definition articulated by RISE.
The Membership term is for a period of twelve (12) months (the “Term”), commencing on the day the Initiation Fee and the Membership Fee are paid in full – if one is required (“Effective Date”). RISE reserves a right to terminate and cancel Member’s Membership at any time if Member breaches any terms and conditions of this Agreement or other agreements incorporated hereto by reference. Member understands and agrees that if the Membership is cancelled due to Member’s breach of any terms of this Agreement or other agreements incorporated hereto by reference, Member will lose all privileges, the Initiation Fee, and forfeit accrued flight credits and any additional benefits that might be available to Member. RISE will not owe any further obligations to provide any Products or Services, credits, or benefits to Member. Member agrees that they will not be entitled to a full or partial refund of the Membership Fee, the Initiation Fee or any portion of it and will hold RISE harmless for the loss of the Product or Service, credits or any additional benefits. Members who miss 3 flights in a 90-day period, without prior notification to RISE, will have their account placed on hold for five business days. During the hold period, the member will not be able to book, fly, or make changes to their account.
RENEWAL AND TERMINATION
The Membership Term will be conveniently renewed automatically and you agree to be charged for the subsequent Membership Term unless you provide RISE a written notice not to renew thirty (30) days prior to the expiration of any preceding Term. If Member’s credit card is declined, Member agrees to provide a different method of payment within three (3) business days. If Member fails to provide a different method of payment, and the Membership Fee is due and outstanding longer than ten (10) business days, the Member’s Membership will be cancelled, and Member will forfeit the Initiation Fee. Any outstanding charges shall remain due until paid.
At its sole discretion, RISE may offer certain Members trial or other promotional memberships with different features, which are subject to the terms of this Agreement, except as otherwise stated in the promotional offer. Promotional Membership is valid only for the period specified in the promotional offer.
Membership privileges are solely available to Member and cannot be lent, shared, transferred, leased or sold to any third party, except as specified in this Agreement. While Member can invite guests to join them on flights they arrange, each and every person traveling within the RISE system must be a member. RISE does not hold out to the public and Members cannot lend their account to someone else to book flights or access the Service. Any breach of this section may result in Member losing privileges and membership cancellation with no further obligation to Member or recourse by Member.
Member acknowledges that RISE is the manager of the Program and Service, and that the success of the Program and the ability to deliver the Service with high levels of customer satisfaction depends on a vibrant and cooperative membership. Member’s good faith cooperation regarding booking, cancellations, notices, departure times, itinerary flexibility, communication, payments and documentation and other aspects of arranging flights and other aspects of the Service is required. Any attempt to deliberately manipulate the Service or the Application by repeatedly placing and cancelling bookings or requests for flights, canceling requests and rebooking with slightly differing requirements, failure to authorize payment or pay for the Service as provided for herein, failure to maintain a valid credit card on-file and usable for pre-authorization/reserve and payment/capture, or failure to communicate effectively and in a timely manner regarding all aspects of coordinating the delivery of the Service, or other such actions which in RISE’s opinion disrupts RISE’s ability to deliver the Service, notwithstanding anything contained herein to the contrary, will result in RISE having the authority to reject Member’s trip requests without obligation and/or suspend or cancel Membership.Due to limited demand, RISE does not operate regularly scheduled service on the following nationally observed holidays: Good Friday, Memorial Day, July 4, Labor Day, November 24-25, December 24-25, December 31- January 1. RISE, in its sole discretion, can reduce or cancel service on days not previously listed. Members will be notified of schedule changes through regular member communications such as emails, newsletters, member portal, etc. Questions or concerns with flight cancellations can be addressed by calling or emailing Member Relations.
PRIVACY OF MEMBER DATA
RISE takes appropriate measures to maintain data regarding its Members and their guests confidential. RISE may be required to furnish Member data, such as name, date of birth, and passport information to comply with national and international security requirements or rules of governing bodies. It may also be necessary for us to provide names of persons on a flight to third parties providing services related to a flight including to the operator and its regulators. Finally, RISE may use Member information to check the credit of Member and in connection with its invoice collection efforts. RISE does not sell or rent Member data to third parties.
This Agreement and all the rights of the parties shall be construed and enforced in accordance with the laws of the State of Texas without reference to the conflict of law principles of any jurisdiction.
Any claim or dispute between the Parties and/or against any agent, employee, successor, or assign of the other, whether related to this agreement or the relationship or duties contemplated herein, including the validity of this clause, shall be resolved by binding arbitration by the American Arbitration Association, under the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes then in effect, by a sole arbitrator. The place of arbitration shall be Dallas, Texas.
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator’s authority to resolve and make written awards is limited to claims between Member and RISE alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in these terms and conditions and without waiving either party’s right of appeal, if any portion of this “class action waiver and other restrictions” provision is deemed invalid or unenforceable, then the remaining portions of the arbitration provision shall remain in full force and effect.
This Agreement shall be binding upon and inure to the benefit of the parties. Member may not assign or transfer their rights or obligations without prior consent of RISE, which may be withheld at its sole discretion.
If any provision of this Agreement is declared by an arbitrator or a court of competent jurisdiction to be invalid, illegal, or unenforceable, such provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
RISE may give notice by means of a general notice through the Software, electronic mail to Member’s email address on record or by written communication sent to Member’s address on record. Such notice shall be deemed to have been given upon the expiration of forty-eight (48) hours after mailing (if sent by first class mail) or twelve (12) hours after posting or sending it via email. Member may give notice to RISE (such notice shall be deemed given when received by RISE) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to RISE at the following addresses (whichever is appropriate): RISE., 7363 Herb Kelleher Way, Dallas, TX addressed to the attention of: Controller.
This Agreement together with the agreements referenced herein and incorporated herein by reference constitute the entire agreement between the parties concerning its subject matter and supersedes any prior or contemporaneous agreements, understandings or proposals. Paragraph headings are for convenience of reference only and shall not affect or be utilized in construing or interpreting this Agreement. No provision of, right, power or privilege under this Agreement shall be deemed to have been waived by any act, delay, omission or acquiescence on the part of any party, its agents or employees, but only by an instrument in writing signed by an authorized representative of each party. This Agreement shall not be construed as creating a joint venture, partnership or other form of association or cooperative arrangement between RISE and Member. No waiver by any party of any breach or default of any provision of this Agreement by the other party shall be effective as to any other breach or default.
Each party agrees that the electronic signatures and acknowledgments, whether digital or encrypted, of the parties to this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol or process attached to or logically associated with a record and executed and adopted by a party with the intent to sign such record, including facsimile or e-mail electronic signatures.