Introduction

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.

You must be at least [18] years of age to use this website. By using this website [and by agreeing to these terms and conditions] you warrant and represent that you are at least [18] years of age.

This website uses cookies. By using this website and agreeing to these terms and conditions, you consent to Midwest Freefall Sport Parachute Club, Inc's use of cookies in accordance with the terms of Midwest Freefall Sport Parachute Club, Inc's privacy policy / cookies policy.

License to use website

Unless otherwise stated, Midwest Freefall Sport Parachute Club, Inc. and/or its licensors own the intellectual property rights in the website and material on the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages [or [OTHER CONTENT]] from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

• republish material from this website (including republication on another website);
• sell, rent or sub-license material from the website;
• show any material from the website in public;
• reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;]
• [edit or otherwise modify any material on the website; or]
• [redistribute material from this website [except for content specifically and expressly made available for redistribution].]
• [Where content is specifically made available for redistribution, it may only be redistributed [within your organisation].]

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Midwest Freefall Sport Parachute Club, Inc.'s express written consent.

[You must not use this website to transmit or send unsolicited commercial communications.]

[You must not use this website for any purposes related to marketing without Midwest Freefall Sport Parachute Club, Inc.'s express written consent.]

Refund Policy

Midwest Freefall Sport Parachute Club, Inc. strives to be fair to all of our valued customers. Our refund policy is as follows:

• Payments made through our online reservation system are non-refundable
• Gift certificates purchased in person, through the Midwest Freefall website system or from a third-party are non-refundable.
• Gift certificates are transferrable, provided the person presenting the certificate meets our requirements to skydive.
• The promotional value of each certificate has a specific expiration date, which is clearly marked on the certificate face.
• The purchase value of any certificate expires in accordance with Michigan State Law, which is typically five years from the date of purchase. The purchase value can be used as credit toward a purchase of services only at Midwest Freefall up to its legal expiration date.
• If a scheduled skydive must be postponed for weather or other factors outside of the control of Midwest Freefall management, we will gladly reschedule your activity or issue a rain check good for an equivalent service at a later date. Rain checks may have expiration dates, but will never expire prior to the end of our current season.
• If we decide that we cannot accommodate your skydive for reasons of safety, you are entitled to a full refund.
• We normally require that you provide us with a credit card number at the time of booking to guarantee your reservation. The maximum amount that we will charge for such a booking is $50.00. This amount will be credited to your skydive activity on the day of your jump.
• We may elect to not charge your credit card at the time of booking, but instead may charge you an amount of $50.00 if you cancel your reservation less than 48 hours prior to your scheduled activity. This charge is non-refundable.
• We will charge your card an amount of $50.00 if you simply do not show up for your appointment. This charge is also non-refundable.
• Goods and promotional merchandise purchased at Midwest Freefall are returnable for a period of 7 days provided they are in unused condition.

Restricted access

Access to certain areas of this website is restricted. Midwest Freefall Sport Parachute Club Inc reserves the right to restrict access to [other] areas of this website, or indeed this entire website, at Midwest Freefall Sport Parachute Club, Inc's discretion.

If Midwest Freefall Sport Parachute Club, Inc provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Midwest Freefall Sport Parachute Club, Inc may disable your user ID and password in Midwest Freefall Sport Parachute Club, Inc's sole discretion without notice or explanation.]

User content

In these terms and conditions, "your user content" means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant Midwest Freefall Sport Parachute Club, Inc a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant Midwest Freefall Sport Parachute Club, Inc the right to sub-license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or Midwest Freefall Sport Parachute Club, Inc or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Midwest Freefall Sport Parachute Club, Inc reserves the right to edit or remove any material submitted to this website, or stored on Midwest Freefall Sport Parachute Club, Inc's servers, or hosted or published upon this website.

[Notwithstanding Midwest Freefall Sport Parachute Club, Inc's rights under these terms and conditions in relation to user content, [NAME] does not undertake to monitor the submission of such content to, or the publication of such content on, this website.]

No warranties

This website is provided "as is" without any representations or warranties, express or implied. Midwest Freefall Sport Parachute Club, Inc makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Midwest Freefall Sport Parachute Club, Inc does not warrant that:

• this website will be constantly available, or available at all; or
• the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. [If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.]

Limitations of liability

Midwest Freefall Sport Parachute Club, Inc will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

• [to the extent that the website is provided free-of-charge, for any direct loss;]
• for any indirect, special or consequential loss; or
• for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Midwest Freefall Sport Parachute Club, Inc has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Midwest Freefall Sport Parachute Club, Inc's liability in respect of any:

• death or personal injury caused by Midwest Freefall Sport Parachute Club, Inc's negligence;
• fraud or fraudulent misrepresentation on the part of Midwest Freefall Sport Parachute Club, Inc ; or
• matter which it would be illegal or unlawful for Midwest Freefall Sport Parachute Club, Inc to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

[You accept that, as a limited liability entity, Midwest Freefall Sport Parachute Club, Inc has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Midwest Freefall Sport Parachute Club, Inc's officers or employees in respect of any losses you suffer in connection with the website.]

[Without prejudice to the foregoing paragraph,] you agree that the limitations of warranties and liability set out in this website disclaimer will protect Midwest Freefall Sport Parachute Club, Inc's officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Midwest Freefall Sport Parachute Club, Inc.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Midwest Freefall Sport Parachute Club, Inc and undertake to keep Midwest Freefall Sport Parachute Club, Inc indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Midwest Freefall Sport Parachute Club, Inc to a third party in settlement of a claim or dispute on the advice of Midwest Freefall Sport Parachute Club, Inc's legal advisers) incurred or suffered by Midwest Freefall Sport Parachute Club Inc arising out of any breach by you of any provision of these the, terms and conditions[, or arising out of any claim that you have breached any provision of these terms and conditions].

Breaches of these terms and conditions

Without prejudice to Midwest Freefall Sport Parachute Club, Inc's other rights under these terms and conditions, if you breach these terms and conditions in any way, Midwest Freefall Sport Parachute Club, Inc may take such action as Midwest Freefall Sport Parachute Club, Inc deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Midwest Freefall Sport Parachute Club, Inc may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Midwest Freefall Sport Parachute Club, Inc may transfer, sub-contract or otherwise deal with Midwest Freefall Sport Parachute Club, Inc's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions [, together with [the PRIVACY POLICY],] constitute the entire agreement between you and Midwest Freefall Sport Parachute Club, Inc in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These terms and conditions will be governed by and construed in accordance with United States Law, and any disputes relating to these terms and conditions will be subject to the [non-]exclusive jurisdiction of the courts of Midwest Freefall Sport Parachute Club, Inc.

Midwest Freefall Sport Parachute Club Inc's Details

You can contact Midwest Freefall Sport Parachute Club, Inc by email at skydive@midwestfreefall.com