Terms of Use

Thank you for choosing to use Jetboost.io! Jetboost is developed by Nā hoo'nā hou, Inc. ("our," "us," "we," or "Jetboost"). These Terms and Conditions (Terms of Use) govern the usage of the Jetboost Services, including (1) the website at https://www.jetboost.io/ (the “Site”), (2) our business-to-business software products and Services, (3) our Affiliate Program, and (4) any other Services that provide a link to or a copy of these Terms of Use on the homepage or a similar location (e.g., a settings page) of the relevant website (collectively referred to as the “Services”). Jetboost is owned and operated by Nā hoo'nā hou Inc. d/b/a Jetboost.io  (“Jetboost”) . Whenever mentioned, "you" or "your" refers to the individual accessing, using, or participating in Jetboost in any way, as well as your heirs, assigns, and successors.

These Website Terms of Use ("Terms of Use") establish a legally binding agreement between you and Jetboost. By visiting the Site, creating an account ("Account") or accessing our Services, you explicitly consent to be bound by these terms. This includes agreeing to the arbitration and waiving class action claims clause found in Section 13. The Terms of Use also include the provisions outlined in the Privacy Policy, so it is essential to review them thoroughly. If you do not agree to the Terms of Use, you are not permitted to use the Services.  

THESE TERMS REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.  PLEASE READ THE DISPUTES RESOLUTION AND BINDING ARBITRATION PROVISION BELOW CAREFULLY BECAUSE IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS.

You also acknowledge, agree and consent to the terms of our Privacy Policy which is incorporated herein by reference. Additionally, by using the Services, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that transmissions to or through the Services may be intercepted by others, and users assume the risk of security breaches and all consequences resulting from them.  In furtherance of the foregoing, registered users must safeguard their account credentials. Please let us know immediately if you suspect that your credentials have been compromised. Please do not send us any sensitive personal information. If for any reason you do not accept and agree to these Terms or those set forth in the Privacy Policy, then accessing the Services is strictly prohibited and you must immediately exit.

We reserve the right to change these Terms at any time and at our sole discretion. Any changes to the Terms will be effective immediately upon posting and you agree to the new posted Terms by continuing your use of the Services. It is your responsibility to check periodically for any changes we may make to these Terms. The date of the last update of the Terms is indicated at the top of these Terms. These Terms affect your legal rights, responsibilities, and obligations, govern your use of the Services, are legally binding, limit Jetboost’s liability to you, require you to indemnify Jetboost, and to settle certain disputes through arbitration. Your continued use of the Services affirms your agreement to these Terms. If you do not wish to be bound by these Terms or any future modifications or amendments to these Terms, do not use our Services.

1. Eligibility
   The Services are not intended for minors. To utilize the Services, you must confirm and guarantee that you are of legal age (18 years or older, or of legal age in your jurisdiction) and have the capacity to consent to these TERMS OF USE. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18) OR NOT OF LEGAL AGE IN YOUR JURISDICTION YOU ARE NOT AUTHORIZED TO USE THE SERVICES.
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2. Your Account Information
   Jetboost offers personalized content for your business. When you create an Account, we may request certain information from you, including your full name and corporate email address ("Account Information"). You agree to keep your information updated to ensure its accuracy, currency, and completeness. Please note that you are solely responsible for safeguarding your Account Information. You are fully accountable for all activities that occur in your Account, and it is your responsibility to promptly inform us of any unauthorized use. Jetboost will not be held liable for any losses, damages, liabilities, expenses, or attorney's fees that may result from the unauthorized use of your password or Account, with or without your knowledge or authorization, even if you have or have not notified us of such unauthorized use. You are responsible for any losses, damages, liabilities, expenses, and attorney's fees incurred by Jetboost or a third party due to the unauthorized use of your Account.
   
   To learn more about the information Jetboost collects and how it is used, please visit our Privacy Policy.
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3. Intellectual Property
   Jetboost is protected by Intellectual Property laws in the United States and internationally, and by using Jetboost, you agree to comply with these laws.   Downloading, copyright, modifying, distributing, posting, transmitting, displaying, performing, reproducing, broadcasting, duplicating, publishing, republishing, uploading, licensing, reverse engineering, creating derivative works from, or offering for lending, transfer or sale any Jetboost content is also prohibited without our consent. You acknowledge that the data and algorithms within our flash files and associated servers are considered "trade secrets" and agree to comply with reasonable written requests from us to protect our proprietary and Intellectual Property rights in Jetboost. All Intellectual Property rights in Jetboost either belong exclusively to Jetboost or its licensors.
   
   As used in these Terms, “Intellectual Property” means  all intellectual, industrial, and proprietary rights, wherever they have effect, including but not limited to: (a) rights in concepts, discoveries, techniques, and inventions (whether or not patentable and whether or not reduced to practice); (b) patents and all patent applications, including, without limitation, continuations, continuations-in-part, divisionals, provisionals, reexaminations, reissue applications, and renewals; (c) copyrights, whether registered or unregistered and all other rights corresponding or related thereto, e.g., neighboring rights and copy control information; (d) design rights whether registered, unregistered or patented; (e) trade names, trademarks, Services marks, certification marks, collective marks and trade dress (including, without limitation, any word, symbol, product configuration, icon, logo, and all goodwill associated therewith), along with any registrations therefore and applications for registration thereof; (f) trade secrets, confidential or proprietary information, and know how; (g) industrial designs and any registrations and applications therefore; (h) rights of publicity, privacy, and any comparable rights; (i) droit moral and moral rights; (j)  any similar, corresponding, or equivalent rights to any of the foregoing rights listed above in (a) through (i) whether now or in the future established or recognized by legislation, regulation or  case law.
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4. Feedback
   We greatly appreciate it when you provide us with feedback, comments, questions, ideas, or suggestions regarding Jetboost or our Services (collectively referred to as "Feedback"). By submitting any Feedback, you represent and warrant that (a) you have the right to disclose the Feedback, (b) the Feedback is to the best of your knowledge true; (c) the Feedback does not violate the rights of any other person or entity, (d) the Feedback is not being entered on behalf of or to benefit a third party; and (e) the  Feedback does not contain confidential or proprietary information belonging to any third party. By providing us with Feedback, you further agree to the following: (i) as our discretion, we have no obligation of confidentiality, either express or implied, with respect to the Feedback, (ii) we may already be considering or developing something similar to the Feedback, (iii) to the fullest extent permitted by applicable law you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to, without attribution to you,  use, copy, modify, create derivative works, publish, distribute, sublicense and otherwise exploit the Feedback for an unlimited amount of times, and (iv) to the extent permitted by law, and recognizing that this is a commercial context, you irrevocably waive and cause to be waived any claims or assertions of moral rights in the Feedback against Jetboost and its users. This Feedback section will continue to be effective even if your Account or access to Jetboost is terminated.
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5. Digital Millennium Copyright Act (“DMCA”) Notice
   If you believe any material available via the Sites infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
   
   Nā hoo'nā hou Inc. d/b/a Jetboost.io Copyright Manager    
   ATTN: DISPUTE NOTICE
   
   by sending an email to Privacy@pierdferd.com.
   
   The requirements of a proper notification are set forth in 17 U.S.C. §512(c)(3).  Please note that if you knowingly misrepresent in your notification that the material or activity is infringing, you may be liable for any damages, including costs and attorneys' fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
   
   If a notice of copyright infringement has been filed against content provided by you on the Site or App, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification complies with the requirements of 17 U.S.C. §512(g)(3). If Jetboost receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
   
   In accordance with the DMCA and other applicable law, Jetboost has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Jetboost may also, in its sole discretion, limit access to the Services and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
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6. Your License to Use Jetboost
   We grant you access to Jetboost under a limited, non-exclusive, non-sublicensable, non-transferable, and revocable license. You may use Jetboost solely for business, non-commercial purposes and in compliance with the TERMS OF USE. This license is available to you as long as you are not prohibited from accessing Jetboost by applicable laws and your Account is not terminated by either us or you. If the TERMS OF USE are unenforceable in your location, you are not authorized to use Jetboost. Jetboost retains all rights, title, and interest that are not expressly granted under this license to the maximum extent permitted by applicable laws.
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7. Canceling Your Account
   While we hope you enjoy using Jetboost, you may cancel your account at any time by contacting our customer support team at support@Jetboostsystem.com. For information about the availability of refunds, please review our Terms of Sale.
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8. Online Purchases and Other Terms and Conditions
   All purchases through our Services, including, without limitation, our Website, Affiliate Program and other transactions for the sale of goods or Services formed through the Services, or resulting from visits made by you, are governed by our Terms of Sale and Payment Policy, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, Services, or features of the Jetboost. All such additional terms and conditions are hereby incorporated by this reference into the Terms of Use.
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9. Restrictions and Prohibited Uses
   • Violating any local, state, provincial, national, or other law or regulation, any order of a court, or other proscription that has legal effect;
   • Infringing, misappropriating or violating Jetboost’s Intellectual Property rights as defined in these Terms;
   • Attempting to impersonate another person or using another person's Jetboost account information without authorization.
   • Using or distributing Jetboost for commercial purposes.
   • Self-referring to take advantage of our Affiliate Program or otherwise using your own affiliate link for commercial benefit.
   • Falsely stating or misrepresenting your affiliation with a person or entity, or impersonating any person or entity.
   • Falsely stating or misrepresenting offers associated with your Affiliate Program or otherwise attempting to abuse or game the Affiliate Program.
   • Copying, downloading (except for page caching necessary for personal use or as expressly permitted by the TERMS OF USE), modifying, distributing, posting, transmitting, displaying, performing, reproducing, broadcasting, duplicating, publishing, republishing, uploading, licensing, reverse engineering, creating derivative works from, or offering for lending, transfer or sale any content or information obtained from Jetboost, unless expressly allowed by the TERMS OF USE.
   • Violating or attempting to violate Jetboost's security features, including accessing a server you are not authorized to access, violating robot exclusion headers, or probing the vulnerability of Jetboost systems and networks.
   • Interfering with or damaging the Services, including, but without limitation to, through the posting or making available any material that contains software, instructions, computer code, files, programs, or other content intended to interrupt, interfere with, destroy, harm,  limit the functionality or features of, or improperly add functionalities or features to computer software, hardware, or telecommunications equipment (including viruses, malware, worms, Trojan horses, or any other malicious code).
   • Redistributing, decompiling, reverse engineering, publishing, or copying Jetboost, including cracking its flash (.SWF) files.
   • Using Jetboost to create a product with an infringing look, feel, or design.
   • Using any marketing tools that target Jetboost’s brand name or domain in any way.
   • Accessing or searching Jetboost through any means other than our publicly supported interfaces, including scraping, in-line linking, framing, or using any robot, spider, web crawler, or other automated method of access, except for accessing the publicly-available portions of Jetboost or using any API approved by Jetboost.
   • Accessing, tampering with or use of non-public areas of the Services, Jetboost’s computer systems or technical delivery systems of Jetboost’s providers.
   • Attempting to probe, scan, or test the vulnerability of any Jetboost system or network or breach any security or authentication measures.
   • Avoiding, bypassing, removing, deactivating, impairing, descrambling, or otherwise circumventing any technological measure implemented by Jetboost or any of Jetboost's providers or any other third party (including another user) to protect the Services or any of the Content on the Services.
   • Attempting to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services.
   • Interfering with others' use and enjoyment of Jetboost.
   • Posting or engaging in any activity that could disable, overburden, or impair the proper functioning of Jetboost.
   • Soliciting personal or sensitive information from other users, such as addresses, credit card or financial account information, or passwords.
   • Using Jetboost or any trademarks, game names, trade names, Services marks, copyrights, or logos or other indicia of identity of Jetboost in unsolicited mailings, spam material, contests or surveys, or in a way that creates the impression of association with you or approval or sponsorship of your activities.
   • Violating any third party's rights, including Intellectual Property or privacy rights.
   • Threatening, stalking, harming, harassing others, or engaging in fraudulent, abusive, defamatory, illegal, or inappropriate activity; or
   • Advocating, encouraging or assisting any third party in doing any of the foregoing.
     
     Engaging in any prohibited uses may result in immediate termination of your Account and may also subject you to civil or criminal penalties.
     
     Jetboost reserves the right, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Services, or any portion of the Services, for any reason; (2) to modify or change the Services, or any portion of the Services, and any applicable policies or terms; and (3) to interrupt the operation of the Services, or any portion of the Services.
10. Disclaimers
    You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Site will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.
    
    TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICES ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SITE, THE APP, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SITE LINKED TO IT.
    
    YOUR USE OF THE SITE, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE AND ITS CONTENT, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. THE PRODUCTS PROVIDED VIA THE SERVICES ARE SUBJECT TO A LIMITED WARRANTY AS EXPLAINED IN OUR TERMS OF SALE.
    
    NEITHER JETBOOST NOR ANY PERSON ASSOCIATED WITH JETBOOST MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR OUR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER JETBOOST NOR ANYONE ASSOCIATED WITH JETBOOST REPRESENTS OR WARRANTS THAT THE SITE, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE AND APP OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
    
    TO THE FULLEST EXTENT PROVIDED BY LAW, JETBOOST HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
    
    THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW OR ARE EXPRESSLY INCLUDED IN OUR TERMS OF SALE.
    
    IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN THEIR FAVOR AT THE TIME OF EXECUTING THE RELEASE, AND THAT IF KNOWN BY THEM WOULD HAVE MATERIALLY AFFECTED THEIR SETTLEMENT WITH THE DEBTOR." THIS RELEASE INCLUDES THE CRIMINAL ACTS OF OTHERS.
    
    Jetboost makes reasonable efforts to maintain the availability of Jetboost but cannot guarantee uninterrupted access to the platform at all times.
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11. Limitation of Liability
    To the fullest extent provided by applicable law, in no event shall Jetboost Inc or its affiliates, officers, directors, services providers, licensors, agents, and/or employees be liable for damages of any kind, under any theory, arising out of or in connection with your use, or inability to use Jetboost, including but not limited to:
    1. Any amount in excess of the fees paid by you to subscribe to Jetboost, in the aggregate;
    2. Lost profits, lost data, or failure to meet any duty, including without limitation good faith and reasonable care, arising out of your access to or use of Jetboost;
    3. Any direct, indirect, incidental, punitive, special, exemplary, or consequential damages of any kind whatsoever (including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data) and whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.

You agree that this limitation of liability is a reasonable allocation of risk and is a fundamental element of the agreement between Jetboost and you. You acknowledge that Jetboost would not be provided to you without such limitations. The foregoing does not affect any liability that cannot be excluded or limited under applicable law. However, for example, if you are a resident of New Jersey, then the limitations specified herein specifically apply to you.

12. Indemnity
    You agree to defend, indemnify and hold Jetboost, its affiliates, licensors, officers, Services providers and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, representatives, attorneys, successors, and assigns harmless from claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services including, but not limited to the Website, the App, your Account, any use of the Site's or App’s content, Services, and Product other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website, the App, or your Account.
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13. Agreement to Arbitrate and Waiver of Class Action Claims
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    PLEASE READ THIS SECTION 13 CAREFULLY - IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
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    1. Binding Arbitration. This provision is intended to be interpreted broadly. Any dispute or claim arising out of or relating to these Terms, your use of the Site or Services, or your relationship with Jetboost or any past, present, or future subsidiary, parent or affiliate company or companies, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, (“Dispute”) will be resolved through binding individual arbitration, except that either of us may take a Dispute to small claims court so long as it isn’t removed or appealed to a court of general jurisdiction. Dispute shall include, but not be limited to: (a) any dispute or claim that arose before the existence of these or any prior Terms (including, but not limited to, claims relating to advertising); (b) any dispute or claim that is currently the subject of purported class action litigation in which you are not a member of a certified class; and (c) any dispute or claim that may arise after termination of these Terms. Dispute, however, does not include disagreements or claims concerning Intellectual Property.  Intellectual Property matters may be pursued as generally authorized under applicable law, e.g., in courts and in appropriate agencies.  The arbitrator shall decide all issues except the following (which are for a court of competent jurisdiction to decide): (a) issues that are reserved for a court in these Terms; (b) issues that relate to the scope, validity, and enforceability of the arbitration agreement, class action waiver, or any of the provisions of this Dispute Resolution and Binding Arbitration section; and (c) issues that relate to the arbitrability of any Dispute. These Terms and this arbitration agreement do not prevent you from bringing a Dispute to the attention of any government agency. You and we agree that these Terms evidence a transaction in interstate commerce and that this arbitration agreement will be interpreted and enforced in accordance with the Federal Arbitration Act and federal arbitration law.
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    2. Informal Dispute Resolution Process. You and Jetboost agree to work together in an effort to informally resolve any Dispute between us. The party initiating the Dispute must send the other a written Notice of the Dispute that includes all of this information: (a) information sufficient to identify any transaction and account at issue; (b) contact information (including name, address, telephone number, and email address); and (c) a detailed description of the nature and basis of the Dispute and the relief sought, including the basis and calculations of the claim amount. The Notice must be personally signed by the party initiating the Dispute (or their counsel, if represented). If you have the Dispute with Jetboost, you must send this Notice to: Jetboost LLC, ATTN: DISPUTE NOTICE, 1015 Wilder Ave., \#605, Honolulu, Hawaii 96826 or via email to [privacy@jetboost.io](mailto:privacy@jetboost.io). If we have a Dispute with you, we will send Notice to the most recent contact information you provided. For a period of thirty (30) days from receipt of a completed Notice (which can be extended by agreement of the parties), you and Jetboost agree to negotiate in good faith in an effort to resolve the Dispute without resort to formal dispute resolution processes. The party receiving the Notice may request a telephone settlement conference to aid in the resolution of the Dispute. If such a conference is requested, you and a Jetboost representative will personally attend (with counsel, if represented). The conference will be scheduled for a mutually convenient time, which may be outside of the thirty (30) day period. Completion of this Mandatory Informal Dispute Resolution Process (“Process”) is a condition precedent to initiating a claim in arbitration. If the sufficiency of a Notice or compliance with this Process is at issue, such issue may be raised with and decided by a court of competent jurisdiction at either party’s election, and any arbitration shall be stayed. The court shall have the authority to enforce this condition precedent to arbitration, which includes the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees. Nothing in this paragraph limits the right of a party to seek damages for non-compliance with this Process in arbitration. All applicable limitations periods (including statutes of limitations) will be tolled from the date of receipt of a completed Notice through the conclusion of this Process. You or Jetboost may commence arbitration if the Dispute is not resolved through this Process.
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    3. General Arbitration Process. The arbitration of any Dispute shall be administered by and conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable) (“AAA Rules”), as modified by this arbitration agreement. The AAA Rules are available online at [www.adr.org](http://www.adr.org). You and Jetboost understand and agree that the AAA’s administrative determination that this arbitration agreement comports with the Consumer Due Process Protocols is final and that neither a court nor an arbitrator has the authority to revisit it. If the AAA is unavailable or unwilling to administer the arbitration consistent with this arbitration agreement, the parties shall agree on an administrator that will do so. If the parties cannot agree, they shall petition a court of competent jurisdiction to appoint an administrator that will do so.
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    4. An arbitration demand must be accompanied by a certification of compliance with the Process and be personally signed by the party initiating arbitration (and counsel, if represented). By submitting an arbitration demand, the party and counsel represent that, as in court, that they are complying with the requirements of Federal Rule of Civil Procedure 11(b). The arbitrator is authorized to impose any sanctions available under Federal Rule of Civil Procedure 11 on represented parties and their counsel. You may choose to have the arbitration conducted by a phone, video, or in-person hearing, or through written submissions, except any Dispute seeking thirty thousand US dollars (US $30,000) or more, or injunctive relief, shall have an in-person or video hearing unless the parties agree otherwise. You and we reserve the right to request a hearing in any matter from the arbitrator. You and a Jetboost representative will personally appear at any hearing (with counsel, if represented). Any in-person hearing will be held in the county or parish in which you reside or at another mutually agreed location. An arbitrator may award on an individual basis any relief that would be available in a court, except that no injunction shall require that Jetboost discontinue its business in the normal course or suffer damage in excess of the reasonable amount of your claim. To the fullest extent allowable by applicable law, you and Jetboost agree that each may bring claims against the other only in your or our individual capacity and not as a plaintiff or class member in any purported class, collective, consolidated, private attorney general, or representative proceeding. Further, unless both you and Jetboost agree otherwise, an arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of class, collective, consolidated, private attorney general, or representative proceeding. An arbitrator must follow and enforce these Terms as a court would. If, after exhaustion of all appeals, any of these prohibitions on non-individualized injunctive or declaratory relief and class, collective, consolidated, private attorney general, or representative proceedings are found to be unenforceable with respect to a particular claim or request for relief (such as a request for public injunctive relief), then such a claim or request for relief will be decided by a court of competent jurisdiction, after all other claims and requests for relief are arbitrated.
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    5. Arbitration Opinion. The arbitrator shall issue a reasoned written decision sufficient to explain essential findings and conclusions. The arbitrator shall apply the cost-shifting provisions of Federal Rule of Civil Procedure 68 after entry of an award. Judgment on any arbitration award may be entered in any court of competent jurisdiction, except an award that has been satisfied may not be entered. An award shall have no preclusive effect in any other arbitration or proceeding in which you are not a named party.
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    6. Costs of Arbitration. Payment of arbitration fees will be governed by the AAA Rules and fee schedule. You and we agree that the parties have a shared interest in reducing the costs and increasing the efficiencies associated with arbitration. Therefore, you or Jetboost may elect to engage with the AAA regarding arbitration fees, and you and Jetboost agree that the parties (and counsel, if represented) will work together in good faith to ensure that arbitration remains cost-effective for all parties.
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    7. Additional Procedures for Multiple Case Filings. You and Jetboost agree that these Additional Procedures for Multiple Case Filings (in addition to the other provisions of this arbitration agreement) shall apply if you choose to participate in a Multiple Case Filing. If twelve (12) or more similar Disputes (including yours) are asserted against Jetboost by the same or coordinated counsel or are otherwise coordinated (“Multiple Case Filing”), the resolution of your Dispute might be delayed and ultimately proceed in court. The parties agree that as part of these procedures, their counsel shall meet and confer in good faith in an effort to resolve the Disputes, streamline procedures, address the exchange of information, modify the number of Disputes to be adjudicated, and conserve the parties’ and the AAA’s resources.
       
       If your claim is part of a Multiple Case Filing, any applicable limitations periods (including statutes of limitations) shall be tolled for your Dispute from the time that your Dispute is first submitted to the AAA until your Dispute is selected to proceed as part of a staged process or is settled, withdrawn, otherwise resolved, or opted out of arbitration pursuant to this provision.
       
       PHASE ONE: If at least one hundred (100) Disputes are submitted as part of the Multiple Case Filing, counsel for the claimants and counsel for Jetboost shall each select fifty (50) Disputes to be filed and to proceed as cases in individual arbitrations as part of this initial staged process. The number of Disputes to be selected to proceed in Phase One can be increased by agreement of counsel for the parties (and if there are fewer than one hundred (100) Disputes, all shall proceed individually in Phase One). Each of the one hundred (100) or fewer cases shall be assigned to a different arbitrator and proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Phase One. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this initial set of proceedings, counsel for the parties shall participate in a global mediation session with a retired federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Phase One), and Jetboost shall pay the mediator’s fee.
       
       PHASE TWO: If the remaining Disputes have not been resolved at the conclusion of Phase One, counsel for the claimants and counsel for Jetboost shall each select one hundred (100) Disputes per side to be filed and to proceed as cases in individual arbitrations as part of a second phase process. The number of Disputes to be selected to proceed as part of this second phase process can be increased by agreement of counsel for the parties (and if there are fewer than two hundred (200) Disputes, all shall proceed individually in Phase Two). No more than five (5) cases may be assigned to a single arbitrator to proceed individually. If a case is withdrawn before the issuance of an arbitration award, another claim shall be selected to proceed as part of Phase Two. The remaining Disputes shall not be filed or deemed filed in arbitration nor shall any arbitration fees be assessed or collected in connection with those claims. After this second set of phase two proceedings, the parties shall engage in a global mediation session of all remaining Disputes with a retired US federal or state court judge jointly selected by counsel in an effort to resolve the remaining Disputes (as informed by the adjudications of cases in Phases One and Two), and Jetboost shall pay the mediator’s reasonable fee.
       
       Upon the completion of the mediation set forth in Phase Two, each remaining Dispute (if any) that is not settled or not withdrawn shall be opted out of arbitration and may proceed in a court of competent jurisdiction consistent with the remainder of the Terms. Notwithstanding the foregoing, counsel for the parties may mutually agree in writing to proceed with the adjudication of some or all of the remaining Disputes in individual arbitrations consistent with the process set forth in Phase Two (except Disputes shall be randomly selected and mediation shall be elective by agreement of counsel) or through another mutually-agreeable process. A court of competent jurisdiction shall have the authority to enforce the Additional Procedures for Multiple Case Filings, including the power to enjoin the filing or prosecution of arbitrations and the assessment or collection of arbitration fees.
       
       THE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS PROVISION AND EACH OF ITS REQUIREMENTS ARE ESSENTIAL PARTS OF THIS ARBITRATION AGREEMENT. IF, AFTER EXHAUSTION OF ALL APPEALS, A COURT OF COMPETENT JURISDICTION DECIDES THAT THE ADDITIONAL PROCEDURES FOR MULTIPLE CASE FILINGS APPLY TO YOUR DISPUTE AND ARE NOT ENFORCEABLE, THEN YOUR DISPUTE SHALL NOT PROCEED IN ARBITRATION AND SHALL ONLY PROCEED IN A COURT OF COMPETENT JURISDICTION CONSISTENT WITH THE REMAINDER OF THE TERMS.
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    8. Changes to Arbitration Agreement. If Jetboost makes any future changes to this arbitration agreement (other than a change to Jetboost’s contact information), you may reject any such change by sending your personally signed, written notice to the following address within thirty (30) days of the change to:
       
       Nā hoo’nā hou Inc. DBA Jetboost.io
       
       ATTN: DISPUTE NOTICE
       1015 Wilder Ave., #605
       Honolulu, Hawaii 96822
       
       or by sending an email to [privacy@jetboost.io](mailto:privacy@jetboost.io).
       
       Such written notice does not constitute an opt out of arbitration altogether. By rejecting any future change, you are agreeing that you will arbitrate any Dispute between you and Jetboost in accordance with this version of the arbitration agreement.
       
       CLASS ACTION WAIVER AND JURY TRIAL WAIVER
       
       YOU AND JETBOOST EACH AGREE THAT ANY PROCEEDING, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, CONSOLIDATED, PRIVATE ATTORNEY GENERAL, OR REPRESENTATIVE ACTION. YOU AND  JETBOOST AGREE TO WAIVE ANY RIGHT TO BRING OR TO PARTICIPATE IN SUCH AN ACTION IN ARBITRATION OR IN COURT TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW. NOTWITHSTANDING THE FOREGOING, THE PARTIES RETAIN THE RIGHT TO PARTICIPATE IN A CLASS-WIDE SETTLEMENT.
       
       TO THE FULLEST EXTENT ALLOWABLE BY APPLICABLE LAW, YOU AND WE WAIVE THE RIGHT TO A JURY TRIAL.
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    9. Survival. This Agreement to Arbitrate and Waiver of Class Action Claims section shall also survive any termination of your Account.
14. Modification and Termination
    Jetboost reserves the right to modify or discontinue Services in whole or part, either temporarily or permanently, at any time and with or without notice. You agree that Jetboost shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Services in whole or part.
    
    These Terms and Conditions are effective until terminated by Jetboost. Jetboost may, at its sole discretion, deny you access to all or part of Jetboost at any time and for any reason, with or without notice. If your access to Jetboost is terminated, these Terms and Conditions will be terminated as well, and your rights to access Jetboost will immediately cease. However, certain provisions of these Terms and Conditions will still apply even after termination, including Sections 3, 4, 5, 10, 11, 12, 13, 14 and 15, which also include the Agreement to Arbitrate and Waiver of Class Action Claims provisions.
    
    Termination of your account may also result in the deletion of your account and any content associated with it, at Jetboost's sole discretion.
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15. Miscellaneous‍
    1. Severability and Waiver. Except as set forth in the Agreement to Arbitrate and Waiver of Class Action Claims section, if any part of the Terms of Use is held invalid or unenforceable, the remaining provisions of the Terms of Use will remain in full effect and an enforceable term will be substituted reflecting yours and our intent as closely as possible.  The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Jetboost.
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    2. Governing Law, Jurisdiction and Venue. Except to the extent preempted by the Federal Arbitration Act ("FAA"), the Terms of Use and all disputes between the parties are governed, construed, enforced, and remedied in accordance with the state of Hawaii’s law without regard to conflict of law provisions. Except as provided in the Dispute Resolution and Binding Arbitration Section, or to the extent preempted by the FAA, both parties further consent to the personal jurisdiction of and exclusive venue in the federal and state courts in Honolulu, Hawaii as the legal forum for any dispute between them.  The United Nations Convention on Contracts for the International Sale of Goods shall have no applicability. If the arbitration agreement is ever deemed unenforceable or void, or a dispute between the parties is not subject to arbitration, you irrevocably consent to the exclusive jurisdiction of the federal and state courts in Honolulu, Hawaii, United States of America, for purposes of any legal action arising out of or related to the use of the Site, the Services or these Terms, and you waive any objections as to personal jurisdiction or as to the laying of venue in such courts due to: (a) inconvenient forum or (b) any other basis or any right to seek to transfer or change venue of any such action to another court.
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    3. Change Policy. The Terms of Use may be updated from time to time. If we make material changes, we will provide notice to you either by email, by posting a notification on the Jetboost App or by posting an updated Terms of Use on https://www.jetboost.io/. Any updated Terms of Use will be effective when posted.  Please note that unless otherwise required by applicable law your continued use of Jetboost following the effective date means that you agree with, and consent to be bound by, the updated Terms of Use.
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    4. California Department of Consumer Affairs. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information: the provider of the Services is Jetboost, LLC, 1015 Wilder Ave., \#605, Honolulu, Hawaii 96826\. To file a complaint regarding the Services or to receive further information regarding use of the Services, you may send a letter to the above address or contact Jetboost via email at [privacy@jetboost.io](mailto:privacy@jetboost.io).  (with “California Resident Request” as the Subject Line). You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834 or by telephone at 800.952.5210 or via such other updated contact information provided the California Division of Consumer Affairs.
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    5. Assignment, Transfer & Delegation.  You will not transfer or assign any of your rights and claims and you will not  delegate any of your obligations under these Terms without our prior written consent. Any purported transfer, assignment or delegation in violation of this  is null and void at the option of Jetboost. No transfer, assignment or delegation relieves you of any of your obligations under these Terms.  Jetboost may assign its rights and claims under these Terms and delegate any of its obligations under these Terms.
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    6. No Third-Party Beneficiaries. These Terms do not and are not intended to confer any rights or remedies upon any person other than you.
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    7. Construction.  The parties agree that they have had full opportunity to consider these terms and to seek assistance in that consideration.  Therefore, ambiguities, if any, shall not be construed against the drafter.  All sections headings and subheadings are for convenience only and do not limit the applicability of any terms.
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    8. Exclusive Terms and Conflict of Terms. The Terms of Use are the complete and exclusive statement of the mutual understanding of the parties and supersede all previous written and oral agreements relating to the subject matter of the Terms of Use. If there is any conflict between the Terms of Use and any additional terms, conditions, and rules posted by Jetboost on Jetboost, the Terms of Use shall govern, unless otherwise indicated.

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