TERMS AND CONDITIONS
TERMS AND CONDITIONS
Please READ carefully, as this pertains to the Agreement of your registration with any of the products sold (sometimes referred to as Program) by Personal Wings, Inc. (sometimes referred to as “Company”).
ONLINE TRAINING PROGRAMS AND COURSES
This website is owned and operated by Personal Wings, Inc. and agrees to provide aircraft accessories, course and training content, online course aids, and other forms of consultation.
Client agrees to abide by all policies and procedures outlined in this Agreement as a condition of their participation in any of our consultations, programs, training, and/or courses.
UPDATES TO TERMS AND CONDITIONS
The Company reserves the right to change these terms and conditions at any time without prior notice and at Company’s sole discretion. In the event that any changes are made, the revised terms and conditions shall be posted on this website and are effective immediately.
Client acknowledges and agrees that Personal Wings, Inc. is not providing legal advice, employment, agency, attorney services, public relations or business management services, financial analysis, or accounting services. Client further understands and accepts that their participation in any courses or training programs, or any actions taken by Client based on consultation information received, are undertaken at their sole discretion and risk.
Please note that this revised disclaimer clarifies the non-legal nature of the services provided and the assumption of risk by the Client.
Client is responsible for the completion of all installment plans, payment plans and/or subscriptions associated with products or services they purchase. We reserve the right to seek recovery of any monies remaining unpaid via our Collection Agency.
METHODS OF PAYMENT
We accept Visa, Mastercard, and American Express as forms of payment. We also utilize PayPal and Stripe to process payments and recurring payment plans and/or subscriptions. If Client chooses to pay by monthly installments, he/she authorizes the monthly charge for the product on the Client’s credit card or debit card.
Client’s failure to maintain monthly payments will result in email notices to Client’s email on file. Inability to honor payments on time, after notice will result in Client’s denied access to programs purchased. Company will make all reasonable efforts to communicate and contact Client to arrange for renewal of subscription and payment plan.
Client agrees to first communicate with our customer delight team prior to disputing any charges. We suffer a loss of monies plus fee charges every time a dispute occurs. We are more than happy to work with you and clarify any misunderstandings.
We do not typically provide refunds for our training programs, except in cases where the Client has made a genuine effort to engage with and complete the course content in good faith.
Please be aware that digital downloadable products are strictly non-refundable.
Refunds for physical goods will be considered on a case-by-case basis, provided that proper documentation and communication are submitted to email@example.com. We are committed to ensuring a fair resolution for our clients in such situations.
This policy is designed to uphold the integrity of our training programs and encourage active participation from our valued clients, while also offering flexibility for physical goods refunds in exceptional cases with proper documentation and communication.
Personal Wings, Inc. highly values Client confidentiality and insists that the Client reciprocates this commitment. This agreement signifies a mutual Non-Disclosure Agreement, preserving the confidential nature of shared information. Any confidential information exchanged by Personal Wings, Inc., its Participants, or representatives is classified as proprietary and exclusively belongs to the disclosing party.
Both Parties hereby agree not to disclose, reveal, or exploit any confidential information obtained during discussions, within online or offline groups/forums/platforms, or in any other context. Client shall utilize such confidential information solely within discussions with other Clients or Personal Wings, Inc., specifically during the respective program. Confidential information encompasses, but is not limited to, details shared in connection with this Agreement, excluding information lawfully obtained from third parties.
Both Parties are obliged to maintain the confidentiality of this information, deploying their best efforts to protect it against any form of disclosure, misuse, espionage, loss, or theft. Client commits not to infringe upon the Publicity or Privacy Rights of Personal Wings, Inc. Furthermore, Client shall NOT disclose any information related to this Agreement or their direct or indirect interactions with Personal Wings, Inc., including but not limited to names, email addresses, titles, or positions within third-party companies, phone numbers, or postal addresses, to any third party. At no point, directly or indirectly, shall Client reveal confidential information to any third party.
In the event of any breach or potential breach of this Agreement, both Personal Wings, Inc. and any other program participant(s) shall be entitled to injunctive relief to prevent such violations and protect against the resulting harm.
The products developed by Personal Wings, Inc. are exclusively intended for educational purposes. Client fully accepts and acknowledges their sole responsibility for their progress and outcomes resulting from these products. Personal Wings, Inc. makes no verbal or written representations, warranties, or guarantees.
Client comprehends that due to the nature and scope of Personal Wings, Inc.'s products, the results achieved by each Client may substantially differ. Client recognizes that, similar to any business or financial undertaking, there is an inherent risk of capital loss, and no assurance that they will attain their objectives through participation in Personal Wings, Inc.'s products. The educational content and information presented in Personal Wings, Inc.'s programs are intended for a general audience and do not claim to be, nor should they be construed as, tailored advice for any individual. Personal Wings, Inc. assumes no responsibility for any errors or omissions that may be present in program materials.
LIMITATION OF LIABILITY
Client acknowledges and agrees that they are using the services of Personal Wings, Inc. at their own discretion and risk. The programs offered by Personal Wings, Inc. are provided solely as educational services. Client releases Personal Wings, Inc., its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities, as well as the venue where the programs are conducted (if applicable), and any of its owners, executives, agents, or staff (referred to as "Releasees") from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from the Client's participation in the programs. The Client accepts all risks, whether foreseeable or unforeseeable. The Client agrees that Personal Wings, Inc. will not be held liable for any damages of any kind, including but not limited to direct, indirect, incidental, special, negligent, consequential, or exemplary damages arising from the use or misuse of Personal Wings, Inc.'s services or participation in the programs. Personal Wings, Inc. assumes no responsibility for errors or omissions that may appear in any of the program materials.
The Parties mutually agree that any dispute resolution shall take place exclusively in the venue specified below. The Parties further agree not to engage in any conduct or communications with a third party, whether public or private, intended to disparage the other Party. The Client, along with their associates, employees, or affiliates, shall not, directly or indirectly, in any capacity or manner, make, express, transmit, speak, write, verbalize, or otherwise communicate in any way that may reasonably be construed as derogatory, critical, or negative toward Personal Wings, Inc., its programs, or its members.
The Client shall undertake the defense, indemnification, and protection of Personal Wings, Inc., its officers, employees, contractors, directors, related entities, trustees, affiliates, and successors against any liabilities and expenses of any kind, including but not limited to claims, damages, judgments, awards, settlements, investigations, costs, attorneys' fees, and disbursements, that any of them may incur or become obligated to pay. This indemnification shall arise from the offering for sale, the sale, and/or use of the product(s), with the exception of expenses and liabilities resulting from a breach of this Agreement, or sole negligence or willful misconduct by Personal Wings, Inc., or any of its shareholders, trustees, affiliates, or successors. The Client shall also provide defense for Personal Wings, Inc. in any legal actions, regulatory actions, or similar proceedings arising from or related to this Agreement. The Client acknowledges and agrees that Personal Wings, Inc.'s shareholders, trustees, affiliates, and successors shall not be personally responsible or liable for any actions or representations of Personal Wings, Inc.
In consideration of, and as part of, the Client's payment for the right to participate in Personal Wings, Inc. programs, the Client, as well as their heirs, executors, administrators, successors, and assigns, hereby release, waive, acquit, discharge, indemnify, defend, hold harmless, and forever discharge Personal Wings, Inc. and its subsidiaries, principals, directors, employees, agents, heirs, executors, administrators, successors, and assigns, as well as any training instructors, guides, staff, or students participating in the training, and the venue where the programs are conducted (if applicable), and any of its owners, executives, agents, or staff (referred to as "Releasees") from any actions, causes of action, contracts, claims, suits, costs, demands, and damages of whatever nature or kind in law or in equity arising from the Client's participation in the programs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Personal Wings, Inc.'s programs contain copyrighted and original materials provided to the Client for individual use only under a single-user license. The Client is not authorized to use any of Personal Wings, Inc.'s intellectual property for their business purposes. All intellectual property, including Personal Wings, Inc.'s copyrighted program and course materials, shall remain the exclusive property of Personal Wings, Inc. No license to sell or distribute Personal Wings, Inc.'s materials is granted or implied. Upon purchasing this product, the Client agrees (1) not to infringe upon any copyright, patent, trademark, trade secret, or other intellectual property rights, (2) that any confidential information shared by Personal Wings, Inc. is confidential and proprietary, belonging solely and exclusively to Personal Wings, Inc., and (3) the Client agrees not to disclose such information to any other person or use it in any manner other than for discussions with Personal Wings, Inc. Furthermore, by purchasing this product, the Client acknowledges that any violation or likelihood of violation of the agreements contained in this paragraph entitles Personal Wings, Inc. to seek injunctive relief to prohibit such violations and protect against any resulting harm.
INDEPENDENT CONTRACTOR STATUS
This Agreement shall not create a partnership, venture alliance, or any similar relationship between the Parties. Each Party shall act as an independent contractor, retaining control over its personnel and the manner in which such personnel perform their duties. No person involved shall be deemed an employee of the other Party based on their participation or performance under this Agreement.
If any cause beyond the reasonable control of either Party, such as acts of God, war, transportation facility curtailment or interruption, threats or acts of terrorism, State Department travel advisories, labor strikes, or civil disturbances, makes it inadvisable, illegal, or impossible for either Party to fulfill its obligations under this Agreement due to unreasonable increased costs or risk of injury, the Party affected by such cause shall be relieved of its responsibilities without liability during the period of delay or inability to perform due to this occurrence.
If any provision of this Agreement is deemed invalid or unenforceable, the remaining provisions shall remain in full force and effect. The failure of either Party to exercise any right provided for herein shall not be considered a waiver of that right or any other rights granted hereunder in any other circumstances.
The Client may not assign this Agreement without the express written consent of Personal Wings, Inc.
Personal Wings, Inc. reserves the right to modify the terms of this Agreement at any time. All modifications shall be posted on the Program's website, and purchasers shall be notified accordingly.
TERMINATION Personal Wings, Inc. is dedicated to ensuring a positive program experience for all Clients. By purchasing this product, the Client agrees that Personal Wings, Inc. may, at its sole discretion, terminate this Agreement and limit, suspend, or terminate the Client's participation in the Program without refund or forgiveness of monthly payments if the Client becomes disruptive to Personal Wings, Inc. or other Participants, fails to comply with Program guidelines, is difficult to work with, or impairs the participation of other Participants or violates the terms as determined by Personal Wings, Inc. The Client remains liable to pay the total contract amount.
RESOLUTION OF DISPUTES
In the event that good-faith negotiation between the Parties fails to resolve a dispute, any controversy or dispute arising from this Agreement shall be submitted to the American Arbitration Association. All claims against Personal Wings, Inc. must be initiated within 100 days of the date of the first claim; otherwise, they will be forfeited permanently. The arbitration process shall commence within ninety (90) days from the date of the initial arbitration demand. The Parties commit to cooperating to ensure the arbitration process is completed within the aforementioned ninety (90) day period. The written decision of the arbitrators, which will include provisions for the payment of costs, shall be binding and conclusive, not subject to judicial review. This decision may be entered and enforced in any court of competent jurisdiction, either as a judgment of law or a decree in equity, as circumstances dictate. In disputes involving unpaid balances on behalf of the Client, the Client is responsible for covering all costs associated with arbitration and attorney fees.
In cases where a dispute arises between the Parties for which monetary relief is deemed inadequate and where one Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may seek equitable relief, including, but not limited to, a temporary restraining order or injunction from any court with jurisdiction.
Any notices to be given under this Agreement by either Party to the other may be delivered personally, by registered or certified mail with postage prepaid and return receipt requested. Personally delivered notices shall be considered communicated as of the date of actual receipt, while mailed notices shall be considered communicated as of three (3) days after the date of mailing. For the purposes of this Agreement, "personal delivery" includes notice transmitted by fax or email. Notices can be sent to the following email address: firstname.lastname@example.org. This Agreement shall be binding upon and inure to the benefit of the Parties, their respective heirs, executors, administrators, successors, and permitted assigns. Any breach or failure to enforce any provision of this Agreement shall not constitute a waiver of that provision or any other provision under any circumstances. This Agreement constitutes the entire understanding between the Parties regarding its subject matter and supersedes all prior discussions, negotiations, proposals, agreements, and understandings pertaining to that subject matter. This Agreement shall be governed by and interpreted in accordance with the laws of the State of California, United States of America.
Montgomery Airfield KMYF
San Diego, CA