Name: SkySurfer Pro V2.0
Brand: SkySurfer Aircraft
Price: 49500 USD
Availability: InStock

SkySurfer Aircraft Privacy Policy

DEFINITIONS AND ENTITY RECONCILIATION

This Master Agreement Package consists of Part One (the SkySurfer Aircraft Sales and Pre-Order Agreement and Privacy Policy) and Part Two (the SkySurfer Aircraft LLC Purchase and License Agreement). As used throughout the entirety of this Master Agreement Package, including both Part One and Part Two, “SkySurfer Aircraft LLC,” “SkySurfer,” “Skysurfer,” “SKYSURFER,” and “we,” “us,” or “our” each refer to the same legal entity: SkySurfer Aircraft LLC, a California limited liability company. All references to any of the foregoing terms, regardless of capitalization or stylization, refer to the same entity and shall be given the same force and effect. The defined terms “Purchaser,” “Buyer,” “you,” and “your” likewise refer to the same party: the individual or entity executing any portion of this Master Agreement Package. Both Part One and Part Two constitute a single, unified agreement and shall be read and enforced together. In the event of any irreconcilable conflict between Part One and Part Two on any subject, the provision affording SkySurfer Aircraft LLC the greatest protection from liability, indemnification exposure, or obligation shall govern.

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PART ONE

SKYSURFER AIRCRAFT SALES AND PRE-ORDER AGREEMENT AND PRIVACY POLICY

Personal Data Protection

SkySurfer Aircraft LLC (“SkySurfer,” “we,” “our,” or “us”) may collect, use, process, store, disclose, and transfer personal information in connection with operation of the Website, communications, transactions, customer support, marketing activities, regulatory compliance, fraud prevention, analytics, order processing, fulfillment, and related business operations. This Privacy Policy describes certain categories of information that may be collected and the manner in which such information may be used, disclosed, retained, and processed in accordance with applicable United States laws and regulations. By accessing the Website, communicating with SkySurfer, submitting information, placing an order, or using any Product or service, you acknowledge and agree to the collection, processing, use, disclosure, and retention of information as described in this Privacy Policy.

1. Entity Responsible for Information Processing

The entity responsible for collection, processing, storage, disclosure, transfer, retention, and use of information under this Privacy Policy is SkySurfer Aircraft LLC. Communications regarding this Privacy Policy may be submitted to: info@skysurferaircraft.com. Submission of any communication to this address does not obligate SkySurfer to respond, acknowledge, investigate, act upon, or provide any response within any particular timeframe, and SkySurfer expressly reserves the right to decline, defer, or limit responses to any communication in its sole discretion and as permitted by applicable law.

2. What Information Do We Collect and Process?

Depending on the nature of your interaction with SkySurfer, we may collect, process, store, analyze, transfer, disclose, retain, and otherwise use information including, without limitation:

● identification information, including names, usernames, dates of birth, government-issued identification information, billing addresses, shipping addresses, account information, and related identifying data;

● contact information, including email addresses, telephone numbers, mailing addresses, communication records, and correspondence;

● transaction and order information, including purchase history, reservation information, payment information, delivery information, configuration selections, refund requests, support requests, dispute records, and related transactional records;

● technical, diagnostic, operational, telemetry, analytics, and usage information, including IP addresses, browser types, device identifiers, operating systems, access times, browsing behavior, search activity, cookies, log files, crash reports, diagnostic information, performance information, interaction data, software activity, telemetry information, and information regarding access to or use of the Website, software, systems, applications, products, or services;

● communications and correspondence submitted to SkySurfer through forms, applications, customer support channels, surveys, forums, social media, email communications, marketing channels, or other interactions;

● information associated with fraud prevention, identity verification, legal compliance, export compliance, sanctions screening, security monitoring, dispute resolution, enforcement activities, investigations, and operational risk management;

● any other information voluntarily submitted by users or lawfully obtained by SkySurfer in connection with operation of its business, products, services, Website, systems, software, compliance activities, analytics, security operations, fraud prevention activities, legal obligations, or commercial operations.

The Website, products, and services are not directed toward individuals under eighteen (18) years of age. SkySurfer does not knowingly collect personal information from individuals under the age of eighteen (18). If SkySurfer becomes aware that information has been submitted by an individual under eighteen (18), SkySurfer reserves the right to delete such information at its discretion.

3. Purposes for Processing Information

SkySurfer may use, process, disclose, transfer, analyze, store, retain, and otherwise utilize information for purposes including, without limitation:

● operation, administration, maintenance, monitoring, improvement, and support of the Website, systems, software, products, and services;

● processing transactions, reservations, purchases, configurations, payments, deliveries, shipments, refunds, support requests, communications, disputes, and related operational activities;

● identity verification, fraud prevention, abuse prevention, sanctions screening, export compliance, risk mitigation, incident investigation, cybersecurity operations, authentication, enforcement of agreements or policies, and security monitoring;

● analytics, diagnostics, testing, research, development, quality control, telemetry analysis, operational optimization, system administration, troubleshooting, auditing, internal reporting, and internal business operations;

● marketing, advertising, communications, promotions, surveys, audience measurement, customer engagement, and public relations activities;

● compliance with applicable laws, regulations, governmental requests, legal process, contractual obligations, industry standards, enforcement activities, and corporate governance requirements;

● establishment, exercise, protection, enforcement, or defense of legal claims, rights, disputes, investigations, litigation, arbitration proceedings, insurance matters, or regulatory proceedings;

● any other lawful business, commercial, administrative, operational, security, evidentiary, compliance, corporate, or transactional purpose determined by SkySurfer in its discretion.

4. Provision of Information

Certain information may be required in order to access portions of the Website, complete transactions, process payments, verify identity, comply with legal obligations, conduct export or sanctions compliance reviews, facilitate delivery, maintain accounts, prevent fraud, communicate with users, provide requested products or services, enforce agreements, or otherwise conduct business operations. Failure to provide requested information may result in denial, limitation, suspension, cancellation, delay, or inability to provide certain products, services, transactions, functionalities, support, communications, or Website access.

5. Disclosure of Information

SkySurfer may disclose, transfer, share, license, process, transmit, or otherwise make available information to affiliates, subsidiaries, contractors, service providers, insurers, payment processors, financial institutions, hosting providers, cloud service providers, analytics providers, cybersecurity providers, shipping providers, logistics providers, communications providers, auditors, consultants, advisors, legal counsel, regulators, governmental authorities, law enforcement agencies, transaction counterparties, successors, assigns, acquirers, investors, insurers, professional advisors, and other third parties as determined by SkySurfer in connection with business operations, transactions, operational activities, legal compliance, enforcement activities, investigations, dispute resolution, security operations, fraud prevention, insurance matters, financing activities, restructuring activities, or other legitimate business purposes.

6. Retention of Information

SkySurfer may retain information for as long as deemed necessary or appropriate by SkySurfer for business, operational, contractual, legal, regulatory, compliance, dispute resolution, enforcement, evidentiary, archival, insurance, fraud prevention, analytics, security, investigatory, auditing, operational continuity, or corporate purposes, unless a different retention period is expressly required by applicable law.

7. Rights Relating to Information

Depending on applicable law and jurisdiction, certain individuals may have certain rights, to the extent required by applicable law, relating to access, correction, deletion, limitation, portability, or restriction of certain personal information.

California residents may have certain rights under applicable California privacy laws relating to certain disclosures concerning collection, sharing, sale, use, retention, or disclosure of personal information.

SkySurfer reserves the right to verify identity before responding to requests, deny requests where permitted by law, retain information as permitted or required by law, charge reasonable administrative fees where permitted, and limit, condition, delay, or reject requests that are excessive, repetitive, technically infeasible, unlawful, abusive, fraudulent, harassing, inconsistent with operational requirements, inconsistent with evidentiary preservation requirements, inconsistent with security requirements, or otherwise inconsistent with SkySurfer’s legal, contractual, operational, investigatory, enforcement, compliance, or corporate obligations.

Requests relating to personal information may be submitted to: info@skysurferaircraft.com.

8. Complaints and Regulatory Requests

Individuals may contact applicable regulatory authorities or agencies if they believe processing of information violates applicable law. Nothing in this Privacy Policy shall obligate SkySurfer to submit to jurisdiction, venue, regulatory authority, or legal requirements in any jurisdiction except as required by applicable law.

9. Security Measures

SkySurfer implements certain administrative, technical, physical, and organizational measures in connection with the operation of its systems; however, SkySurfer makes no representation, warranty, or guarantee of any kind regarding the adequacy, sufficiency, effectiveness, completeness, or result of any such measures, and no such measure shall be construed as a commitment to any particular standard of security, care, or protection. No system, network, device, transmission method, storage platform, software environment, communication channel, or security procedure can be guaranteed to be completely secure, uninterrupted, error free, or immune from unauthorized access, misuse, attack, disruption, corruption, interception, destruction, loss, alteration, disclosure, or compromise.

Users acknowledge and accept all risks associated with transmission, storage, disclosure, access, interception, corruption, alteration, misuse, loss, cyberattack, system failure, unauthorized access, data breach, third party misconduct, software vulnerability, infrastructure failure, telecommunications failure, or other security incidents involving information or communications transmitted to, from, through, or in connection with the Website, systems, services, products, software, third party providers, or electronic communications. Users are solely responsible for maintaining the confidentiality and security of account credentials, passwords, authentication methods, devices, systems, and communications associated with use of the Website, products, systems, or services. To the maximum extent permitted by applicable law, users waive any and all claims against SkySurfer Aircraft LLC, its officers, directors, employees, agents, affiliates, and service providers, including without limitation claims arising from SkySurfer’s own negligence, arising out of or relating to any security incident, data breach, unauthorized access, loss, corruption, interception, or disclosure of information transmitted to, from, through, or in connection with the Website, systems, services, or products.

For additional information regarding this Privacy Policy, contact: info@skysurferaircraft.com.

10. Modifications to Privacy Policy

SkySurfer reserves the right to modify, revise, update, supplement, replace, suspend, discontinue, or otherwise change this Privacy Policy at any time in its sole discretion without prior notice. Modified versions become effective immediately upon posting unless otherwise stated by SkySurfer. Continued access to or use of the Website, systems, products, software, or services following publication of modified terms constitutes acceptance of the modified Privacy Policy. All determinations regarding what constitutes a material versus immaterial modification to this Privacy Policy shall be made by SkySurfer Aircraft LLC in its sole and absolute discretion. No modification to this Privacy Policy shall create any obligation on SkySurfer Aircraft LLC beyond what is required by applicable law at the time the modification is published. Users who do not accept the modified Privacy Policy must immediately cease use of the Website, systems, products, software, and services. SkySurfer Aircraft LLC shall have no liability arising from any user’s continued use of the Website, systems, products, software, or services following publication of a modified Privacy Policy.

SKYSURFER AIRCRAFT SALES AND PRE-ORDER AGREEMENT

WELCOME TO SKYSURFER AIRCRAFT LLC. (“SKYSURFER”, “WE” OR “US”). PLEASE READ THIS SALES AND PRE-ORDER AGREEMENT (THE “AGREEMENT”) CAREFULLY. THIS AGREEMENT IS A LEGAL AGREEMENT BETWEEN US AND THE PERSON OR ENTITY IDENTIFIED AS THE BUYER (“YOU”, “PURCHASER” OR THE “BUYER”) THAT GOVERNS ALL SALES, PURCHASES, PRE-ORDERS, RESERVATIONS, ORDERS, PAYMENTS, DELIVERIES, OWNERSHIP, POSSESSION, USE, OPERATION, STORAGE, ASSEMBLY, MAINTENANCE, TRANSPORTATION, TRANSFER, AND RELATED ACTIVITIES ASSOCIATED WITH THE PRODUCT (AS DEFINED BELOW). BY CLICKING “I AGREE,” SUBMITTING A PRE-ORDER REQUEST, PLACING AN ORDER OR PURCHASE ORDER, COMPLETING ANY SALE OR PURCHASE, MAKING ANY PAYMENT, ACCEPTING DELIVERY, ACCESSING ANY SOFTWARE OR SERVICES, OR OTHERWISE ENGAGING IN ANY TRANSACTION WITH SKYSURFER, YOU REPRESENT AND WARRANT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT AND THAT YOU HAVE THE LEGAL AUTHORITY TO ACT ON BEHALF OF THE BUYER.

SCOPE OF AGREEMENT AND DEFINITIONS OF TRANSACTION TYPES

This Agreement applies to, governs, and shall be enforced with respect to every commercial interaction, transaction, order, sale, purchase, pre-order, reservation, deposit, payment, delivery, transfer, software access, support engagement, or other activity between you and SkySurfer Aircraft LLC, regardless of how characterized, denominated, sequenced, structured, or documented. For purposes of this Agreement and to ensure the maximum and uniform application of all protections set forth herein:

“Pre-Order” means any order, reservation, deposit-based commitment, purchase request, or commitment of any kind submitted by you for a Product, whether or not the Product is available for immediate delivery at the time of submission, and includes without limitation any pre-production reservation, deposit, scheduled allocation, or commitment for future delivery.

“Sale” or “Purchase” means any order, purchase request, sale, transfer, or transaction by which SkySurfer Aircraft LLC sells, transfers, conveys, or agrees to sell, transfer, or convey a Product to you, including without limitation any direct sale, made-to-order sale, scheduled sale, immediate sale, in-stock sale, or sale of any then-available Product.

“Order” means any Pre-Order, Sale, Purchase, or any other order, request, reservation, deposit, or commitment of any kind by you for any Product or related goods, services, software, or support.

“Transaction” means any Order, payment, account creation, reservation, deposit, transfer, delivery, software access, support request, communication, or other commercial, operational, or contractual activity, dealing, or interaction between you and SkySurfer Aircraft LLC of any kind whatsoever.

UNIFIED APPLICATION OF PROTECTIONS. All references in this Agreement to “Pre-Order,” “Pre-Orders,” “Sale,” “Sales,” “Purchase,” “Purchases,” “Order,” or “Orders,” or any singular or plural form thereof, shall be construed broadly and applied to include, with equal force and effect, all Pre-Orders, Sales, Purchases, Orders, and Transactions of every kind. All protections, limitations of liability, disclaimers of warranty, exclusions, releases, indemnifications, waivers, security interests, restrictions, conditions, representations and warranties by you, acknowledgments by you, assumptions of risk, dispute resolution provisions, jury trial waivers, class action waivers, and all other provisions set forth in this Agreement in favor of SkySurfer Aircraft LLC, the SkySurfer Indemnitees, or any other party affiliated with SkySurfer Aircraft LLC shall apply equally and with full force and effect to all Pre-Orders, Sales, Purchases, Orders, and Transactions, regardless of how any such activity is characterized, denominated, structured, sequenced, or documented. No party may avoid, limit, narrow, restrict, or escape the application of any provision of this Agreement by arguing that a particular Transaction was a Sale rather than a Pre-Order, a Pre-Order rather than a Sale, a Purchase rather than another category, an immediate sale rather than a deposit-based reservation, or by any similar characterization, recharacterization, or labeling argument. In the event of any ambiguity regarding the application of any provision of this Agreement to any particular Transaction, the provision shall be construed and applied in the manner that provides the maximum protection to SkySurfer Aircraft LLC. The use of the term “Pre-Order” in any specific provision of this Agreement shall not be construed to limit or restrict the application of such provision to Pre-Orders alone, but shall extend such provision to all Sales, Purchases, Orders, and Transactions to the maximum extent permitted by applicable law.

1. Orders, Pre-Orders, Sales, and Acceptance.

(a) Offers and Orders.

You may submit a pre-order request, a purchase order, an order, a reservation request, a sale or purchase request, or any other order or request for a SkySurfer aircraft, personal aerial vehicle, aircraft kit, aviation product, component package, software-enabled aviation system, or related product offering identified by SkySurfer (the “Product”). Each pre-order submission (“Pre-Order”), each sale or purchase order (“Sale” or “Purchase”), and each other order submission of any kind (each, an “Order”) constitutes an offer by you to enter into a Transaction with SkySurfer subject to this Agreement and any additional terms, conditions, specifications, restrictions, limitations, disclosures, or requirements imposed by SkySurfer. Submission of any Pre-Order, Sale, Purchase, or Order does not guarantee acceptance, allocation, production, manufacturing, availability, shipment, delivery, regulatory approval, certification, operability, airworthiness, legality, commercial release, future availability, or future support of any Product.

(b) Registration Information.

When you place a Pre-Order, Sale, Purchase, or any other Order for the Product, you may be requested to provide information in connection with your Transaction, including without limitation your name, address, billing information, payment information, delivery information, export information, identification information, and other operational, compliance, or commercial information requested by SkySurfer. You represent and warrant that all such information is accurate, complete, current, authorized, and not misleading, and you agree to promptly update such information if it changes. SkySurfer shall have no responsibility or liability whatsoever for inaccurate, incomplete, fraudulent, invalid, outdated, or undeliverable information and shall have no obligation to verify, investigate, correct, update, supplement, or independently determine accurate contact, billing, registration, compliance, export, shipping, or delivery information.

Completed Pre-Orders, Sales, Purchases, and other Orders are subject to review, verification, approval, compliance screening, export review, sanctions review, fraud prevention review, operational review, and acceptance by SkySurfer in its sole and absolute discretion and may be rejected, suspended, limited, delayed, or cancelled at any time before delivery for any reason or no reason. If SkySurfer rejects or cancels a Pre-Order, Sale, Purchase, or other Order prior to delivery, your sole and exclusive remedy and SkySurfer’s sole and exclusive obligation shall be limited to refund of any refundable payment actually received by SkySurfer in connection with such Pre-Order, Sale, Purchase, or other Order, if any, as determined by SkySurfer and required by applicable law. No acceptance of any Pre-Order, Sale, Purchase, or Order shall constitute or be deemed to constitute any representation, warranty, guarantee, or commitment by SkySurfer regarding the Product, the Transaction, the timing of delivery, the performance of the Product, or any other matter, and all warranty disclaimers, limitations of liability, and other protections set forth in this Agreement shall apply with full force and effect to every accepted Pre-Order, Sale, Purchase, Order, and Transaction.

2. Restrictions on Sale; Right of Cancellation.

SkySurfer reserves the unrestricted right, in its sole and absolute discretion, to limit quantities, allocate inventory, refuse service, reject Transactions, refuse shipment, impose eligibility conditions, restrict jurisdictions, limit sales to particular persons or entities, suspend Transactions, conduct compliance reviews, conduct export reviews, conduct sanctions reviews, request additional information, or cancel any Pre-Order, Sale, Purchase, Order, or Transaction at any time before delivery for any reason or no reason, including without limitation operational concerns, regulatory concerns, manufacturing limitations, compliance concerns, export restrictions, sanctions concerns, fraud prevention concerns, payment disputes, legal concerns, safety concerns, reputational concerns, supply chain issues, inventory limitations, or business considerations. You represent and warrant that you are at least eighteen (18) years of age and legally authorized to enter into this Agreement.

3. Payment.

Any pricing, configuration information, specifications, descriptions, estimates, renderings, illustrations, performance figures, range figures, timelines, projections, forecasts, delivery estimates, production schedules, availability estimates, or related information provided by SkySurfer Aircraft LLC at any time, in any form, and through any channel, including without limitation any order acknowledgment, order confirmation, sale acknowledgment, sale confirmation, purchase confirmation, invoice, digital receipt, email communication, account notification, or any other written or electronic communication, are preliminary estimates only, are inherently uncertain, are subject to change at any time in SkySurfer’s sole and absolute discretion, and do not constitute binding commitments, guarantees, promises, representations, warranties, or obligations of any kind. No communication from SkySurfer Aircraft LLC, regardless of its form, title, or content, shall constitute a binding commitment with respect to pricing, specifications, timelines, delivery, production, configuration, availability, or performance unless contained in a separate written agreement expressly identified as binding and executed by a duly authorized officer of SkySurfer Aircraft LLC. SkySurfer reserves the unrestricted right to modify pricing, specifications, components, suppliers, materials, configurations, software, hardware, manufacturing methods, production schedules, allocations, delivery timelines, commercial terms, product offerings, or availability at any time prior to delivery.

You acknowledge and agree that taxes, governmental fees, registration fees, licensing fees, insurance costs, duties, tariffs, shipping costs, processing fees, banking fees, wire fees, export costs, import costs, storage costs, transportation costs, and related charges may vary and are solely your responsibility. Any Pre-Order payment, Sale payment, Purchase payment, deposit, or related payment may be used by SkySurfer for administrative, operational, development, engineering, manufacturing, allocation, compliance, commercial, or other business purposes.

You authorize SkySurfer Aircraft LLC to charge any payment method provided by you for any and all deposits, balances, fees, taxes, governmental charges, duties, tariffs, import costs, export costs, insurance costs, processing fees, banking fees, wire fees, expenses, penalties, administrative costs, storage charges, transportation charges, shipping charges, costs of collection, attorneys’ fees incurred in collection, and any other amounts owed by you in connection with the Product, any Pre-Order, Sale, Purchase, Order, or Transaction. In the event any payment is reversed, disputed, or subject to a chargeback or payment dispute of any kind, you agree to fully indemnify SkySurfer Aircraft LLC for all costs, fees, fines, penalties, administrative charges, and losses, including without limitation payment processor fees, network assessment fees, and attorneys’ fees, arising from or related to any such reversal, dispute, chargeback, or payment dispute, regardless of the outcome.

SkySurfer reserves the right to suspend, delay, refuse, or cancel any Transaction for payment disputes, suspected fraud, compliance concerns, export concerns, sanctions concerns, legal concerns, operational concerns, inventory concerns, manufacturing concerns, or business reasons.

4. Refunds.

Except as expressly required by applicable law or expressly approved in writing by SkySurfer in its sole discretion, all Pre-Orders, Sales, Purchases, Orders, Transactions, deposits, payments, fees, and charges are final, non-cancellable, and non-refundable. Any refund approved by SkySurfer shall be limited solely to amounts actually received by SkySurfer and determined by SkySurfer to be refundable under applicable law or written agreement and shall exclude processing fees, banking fees, wire fees, administrative costs, shipping costs, storage costs, transaction costs, third-party fees, and non-refundable expenses previously incurred. Any discretionary refund process, if offered, may be conditioned upon identity verification procedures, documentation requirements, compliance review, timing limitations, payment processor restrictions, fraud review, operational review, and additional conditions imposed by SkySurfer.

5. Shipment and Delivery.

The Product may be developmental, experimental, configurable, prototype, pre-production, limited release, partially developed, made-to-order, subject to redesign, subject to testing, subject to validation, subject to engineering revisions, subject to software revisions, subject to battery revisions, subject to regulatory review, or subject to manufacturing limitations and supply constraints. Any estimated dates, timelines, forecasts, schedules, projections, or delivery estimates are preliminary targets only, are inherently uncertain, and do not constitute guarantees, commitments, promises, or binding obligations.

You acknowledge and agree that SkySurfer does not guarantee production schedules, manufacturing completion, delivery timing, shipment timing, regulatory approval, certification status, operational readiness, commercial release, future support, future availability, or future compatibility of any Product. Delays may result from engineering modifications, redesign efforts, software development, battery development, manufacturing limitations, supplier failures, logistics disruptions, transportation interruptions, regulatory actions, governmental restrictions, safety reviews, quality control reviews, force majeure events, allocation decisions, compliance reviews, operational decisions, or other factors beyond or within SkySurfer’s control.

To secure your payment and performance obligations under this Agreement, you hereby grant to SkySurfer Aircraft LLC a purchase money security interest in the Product (including all components, accessories, software, documentation, and proceeds thereof) (collectively, the “Collateral”) pursuant to the Uniform Commercial Code as enacted in the State of California and any other applicable jurisdiction. This security interest attaches upon transfer of the Collateral and secures all amounts owed by you to SkySurfer Aircraft LLC under this Agreement or otherwise. You authorize SkySurfer Aircraft LLC to file any financing statements, continuation statements, amendments, or other documents necessary or appropriate to perfect, maintain, or enforce this security interest in any applicable jurisdiction without your further signature or consent, and you agree to execute and deliver any additional documents reasonably requested by SkySurfer Aircraft LLC to evidence, perfect, or enforce this security interest. Until all obligations owed to SkySurfer Aircraft LLC have been fully satisfied, you shall not sell, transfer, assign, pledge, encumber, lease, or otherwise dispose of or grant any interest in the Collateral without the prior written consent of SkySurfer Aircraft LLC. Upon default of any payment or other obligation, SkySurfer Aircraft LLC shall have all rights and remedies of a secured party under applicable law, including without limitation the right to repossess, sell, or otherwise dispose of the Collateral.

Regardless of whether SkySurfer Aircraft LLC arranges, coordinates, or facilitates shipment on your behalf or at your request, all shipments of the Product shall be made pursuant to an FOB origin (shipping point) contract. Title, possession, custody, control, responsibility, and all risk of loss, damage, theft, destruction, delay, seizure, contamination, or deterioration shall transfer to you immediately and irrevocably upon transfer of the Product to the first carrier, freight forwarder, or logistics provider, regardless of who arranged the shipment, how freight charges are allocated, or how the transportation is documented. SkySurfer Aircraft LLC is not and shall not be deemed the agent of any carrier or logistics provider, and any arrangement made by SkySurfer Aircraft LLC for shipment is made solely as a convenience to you and creates no agency, liability, indemnification obligation, or responsibility on the part of SkySurfer Aircraft LLC for the acts, omissions, delays, errors, or conduct of any carrier, freight forwarder, logistics provider, customs broker, or other third party involved in transportation, storage, or delivery. SkySurfer Aircraft LLC shall have no liability whatsoever for shipping delays, customs delays, export or import restrictions, governmental inspections or seizures, transportation interruptions, carrier misconduct or error, theft, loss, damage in transit, storage fees, warehouse delays, insurance disputes, logistics failures, force majeure events, or any other event occurring during or after transfer to any carrier or logistics provider. You are solely responsible for obtaining adequate insurance covering the Product from the point of transfer to carrier through final delivery. If you do not elect to have SkySurfer Aircraft LLC arrange, coordinate, or facilitate shipment, you shall be solely responsible for arranging transportation, export compliance, import compliance, loading, insurance, logistics, customs clearance, and all related transportation obligations and liabilities.

6. Terms and Conditions.

Your purchase, possession, access to, ownership, storage, assembly, maintenance, transportation, transfer, operation, modification, and use of the Product shall be subject to this Agreement, including the specific terms and conditions set forth below (the “Initial Terms”). The purchase and use of the Product are also subject to additional terms, operational restrictions, software terms, licensing terms, documentation, warnings, disclosures, limitations, notices, and conditions (collectively, the “Additional Terms”) which may be provided by SkySurfer Aircraft LLC before, at the time of, or after delivery, in SkySurfer Aircraft LLC’s sole discretion. You acknowledge and agree that execution of all required Additional Terms, including without limitation any Build/License Agreement, Aviation Risk Acknowledgment, Indemnification and Release, or other agreement required by SkySurfer Aircraft LLC, is a condition precedent to delivery of any Product, and SkySurfer Aircraft LLC may also impose Additional Terms after delivery as a condition of continued use, software access, support, or any other ongoing service or benefit. SkySurfer Aircraft LLC reserves the right to withhold delivery of any Product, or to suspend, restrict, or terminate any ongoing service, support, software access, or other benefit, unless and until all required Additional Terms have been executed and returned to SkySurfer Aircraft LLC. Acceptance of delivery of any Product, or any continued use of the Product or related services or software following publication or provision of Additional Terms, constitutes your agreement to all such Additional Terms, whether or not separately signed.

(a) Compliance with Laws.

Use, operation, transportation, assembly, storage, export, import, registration, licensing, possession, maintenance, charging, modification, or transfer of the Product may be subject to federal, state, local, foreign, aviation, environmental, transportation, export, import, and other laws, regulations, restrictions, certifications, standards, ordinances, or governmental requirements that may vary by jurisdiction and may change at any time. Any reference by SkySurfer to any regulatory framework, aviation category, operational category, or regulatory provision, including without limitation 14 C.F.R. Part 103 (Federal Aviation Regulations Part 103), is provided solely for general informational purposes and shall not constitute legal advice, regulatory guidance, certification confirmation, operational approval, or any representation, warranty, or guarantee regarding legality, qualification, compliance, operability, or eligibility of any Product in any jurisdiction or under any regulatory framework. You are solely responsible for determining and ensuring compliance with all applicable laws and regulatory requirements.

(b) Compliance with Documentation and Terms.

You agree to use, operate, assemble, maintain, transport, store, charge, modify, and handle the Product solely in accordance with all documentation, instructions, warnings, specifications, limitations, procedures, operational restrictions, safety guidance, updates, notices, and requirements provided by SkySurfer from time to time. Failure to strictly comply with any documentation or instructions may result in malfunction, system failure, operational failure, loss of control, property damage, serious bodily injury, or death. SkySurfer makes no representation, warranty, or guarantee that compliance with any documentation or instructions will prevent accidents, failures, malfunctions, injuries, damages, or other losses.

You acknowledge that the Products, software, technology, technical data, documentation, and related materials may be subject to United States export control laws, sanctions laws, import laws, trade restrictions, and other applicable laws and regulations. You are solely responsible for compliance with all such laws and regulations and represent and warrant that you will not export, re-export, transfer, disclose, distribute, or otherwise make available any Product or related materials in violation of applicable law. Without limitation, you shall not export, re-export, transfer, or provide any Product or related materials to any prohibited jurisdiction, sanctioned jurisdiction, restricted party, blocked person, denied person, embargoed entity, military end user, or prohibited end use in violation of applicable law.

(d) Privacy.

Information submitted in connection with any Pre-Order, Sale, Purchase, Order, Transaction, Product, Website interaction, communication, software interaction, support request, operational activity, telemetry activity, or related activity may be collected, processed, stored, analyzed, disclosed, transferred, retained, shared, or otherwise used by SkySurfer for operational, commercial, administrative, legal, compliance, security, analytical, investigatory, marketing, product development, enforcement, evidentiary, and business purposes, including as described in the applicable Privacy Policy, which may be modified from time to time in SkySurfer’s sole discretion. SkySurfer may also create, use, disclose, commercialize, publish, license, transfer, or otherwise utilize aggregated, anonymized, statistical, analytical, operational, telemetry, or de-identified information for any lawful purpose.

7. Intellectual Property.

(a) Retained IP Rights. Notwithstanding any transfer of title to physical Product components upon delivery, SkySurfer Aircraft LLC and its licensors own and retain all right, title, and interest, including without limitation all intellectual property rights, in and to all software, firmware, hardware designs, engineering materials, plans, drawings, specifications, documentation, CAD files, schematics, trade secrets, trademarks, service marks, trade dress, copyrights, patents, patent applications, inventions, improvements, derivative works, know-how, confidential information, operational systems, algorithms, source code, object code, compiled code, user interfaces, and all other proprietary materials and intellectual property associated with or embodied in the Product, whether or not separately identifiable from the physical goods (collectively, “SkySurfer IP”). Purchase of a Product (whether by Pre-Order, Sale, Purchase, or any other Transaction) does not transfer, assign, convey, sublicense, or otherwise grant any right, title, or interest in or to any SkySurfer IP except as expressly and specifically set forth in a separate written license agreement executed by an authorized officer of SkySurfer Aircraft LLC.

(b) Title to Physical Goods. Title to the physical components of the Product (the tangible goods only, not the SkySurfer IP embodied therein) transfers to the Buyer upon delivery pursuant to the terms of this Agreement, subject to SkySurfer Aircraft LLC’s retained purchase money security interest as set forth in Section 5 until all payment obligations are fully satisfied.

(c) Restrictions. Except as expressly authorized in a separate written agreement executed by SkySurfer Aircraft LLC, you shall not reverse engineer, disassemble, decompile, reproduce, duplicate, modify, distribute, publish, disclose, transmit, display, commercialize, benchmark, analyze, copy, create derivative works from, or otherwise exploit any SkySurfer IP, any portion of the Product, any component thereof, any related proprietary content, or any related intellectual property. SkySurfer Aircraft LLC reserves all rights in SkySurfer IP and the Product not expressly granted under this Agreement.

8. WARRANTY AND GENERAL DISCLAIMER:

(a)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCT, ALL RELATED SOFTWARE, FIRMWARE, SYSTEMS, COMPONENTS, BATTERIES, DOCUMENTATION, SERVICES, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “WITH ALL FAULTS,” “AS AVAILABLE,” AND WITHOUT WARRANTIES OF ANY KIND. SKYSURFER MAY, IN ITS SOLE DISCRETION, ELECT TO PASS THROUGH CERTAIN MANUFACTURER WARRANTIES OR LIMITED COMPONENT WARRANTIES IF AND TO THE EXTENT SUCH WARRANTIES EXIST AND ARE TRANSFERABLE, BUT SKYSURFER SHALL HAVE NO OBLIGATION TO PROVIDE, HONOR, ADMINISTER, ENFORCE, OR CONTINUE ANY WARRANTY PROGRAM, SERVICE PROGRAM, SUPPORT PROGRAM, REPAIR PROGRAM, OR REPLACEMENT PROGRAM.

ANY LIMITED WARRANTY THAT MAY BE PROVIDED BY SKYSURFER, IF ANY, SHALL BE SUBJECT TO SEPARATE WRITTEN TERMS, CONDITIONS, LIMITATIONS, EXCLUSIONS, DISCLAIMERS, PROCEDURES, AND ELIGIBILITY REQUIREMENTS PROVIDED BY SKYSURFER IN ITS SOLE DISCRETION. NO ORAL OR WRITTEN STATEMENT, MARKETING MATERIAL, SPECIFICATION, DEMONSTRATION, RENDERING, VIDEO, PROJECTION, TEST RESULT, OR OTHER INFORMATION PROVIDED BY SKYSURFER OR ANY THIRD PARTY SHALL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE.

(b)

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYSURFER EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS, DUTIES, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AIRWORTHINESS, NON-INFRINGEMENT, TITLE, PERFORMANCE, SAFETY, RELIABILITY, DURABILITY, QUALITY, COMPATIBILITY, OR REGULATORY COMPLIANCE. SKYSURFER DOES NOT WARRANT THAT THE PRODUCT WILL OPERATE WITHOUT INTERRUPTION, FUNCTION PROPERLY, MEET PERFORMANCE EXPECTATIONS, ACHIEVE PROJECTED RESULTS, REMAIN AVAILABLE, REMAIN COMPATIBLE WITH FUTURE SYSTEMS, OR BE FREE FROM DEFECTS, ERRORS, SOFTWARE FAILURES, HARDWARE FAILURES, SECURITY VULNERABILITIES, BATTERY FAILURES, DESIGN DEFECTS, OR OPERATIONAL HAZARDS.

9. Aviation Risk Acknowledgment.

You expressly acknowledge and agree that: (i) the Product is an experimental, developmental, and/or ultralight aircraft or aircraft component and is not certificated to the same standards as commercially manufactured general aviation aircraft; (ii) the construction, assembly, operation, storage, transport, and use of the Product involves inherent and significant risks, including without limitation the risk of serious personal injury, death, property damage, and third-party liability, which cannot be eliminated regardless of the safety of any design, quality of any construction, or skill of any pilot; (iii) SkySurfer Aircraft LLC makes no representation, warranty, or guarantee of any kind regarding the safety, airworthiness, flight characteristics, structural integrity, performance, reliability, or fitness for flight of any Product; (iv) you are solely responsible for determining whether you are legally authorized, appropriately trained, and physically and legally qualified to construct, operate, store, transport, and use any Product under all applicable laws and regulations; and (v) by proceeding with this Pre-Order, Sale, Purchase, Order, or other Transaction, you knowingly and voluntarily assume all risks associated with the Product, including without limitation all risks associated with construction, operation, storage, transport, modification, and all other activities related to the Product, and you waive any and all claims against SkySurfer Aircraft LLC arising from or related to such risks to the maximum extent permitted by applicable law.

10. Indemnification and Release.

(a) You agree to defend, indemnify, and hold harmless SkySurfer Aircraft LLC and its past, present, and future officers, directors, shareholders, members, managers, employees, agents, representatives, licensors, successors, and assigns (collectively, the “SkySurfer Indemnitees”) from and against any and all claims, demands, suits, causes of action, proceedings, judgments, damages, losses, liabilities, costs, and expenses of any nature (including without limitation reasonable attorneys’ fees, expert fees, court costs, and all other defense costs) arising out of, related to, or in connection with: (i) your Pre-Order, Sale, Purchase, Order, Transaction, purchase, possession, storage, transport, assembly, construction, maintenance, operation, modification, use, or disposition of any Product or any component thereof; (ii) your violation of this Agreement or any Additional Terms; (iii) your violation of any applicable law, regulation, or third-party right; (iv) any inaccuracy or breach of any representation or warranty made by you in this Agreement; or (v) any claim by any third party arising from your activities in connection with the Product.

(b) You, on behalf of yourself, your heirs, executors, administrators, assigns, and any subsequent owners or operators of any Product, hereby unconditionally and irrevocably release, waive, and discharge the SkySurfer Indemnitees from any and all claims, demands, causes of action, damages, losses, and liabilities of any kind, whether known or unknown, arising out of or related to your Pre-Order, Sale, Purchase, Order, Transaction, purchase, possession, storage, transport, assembly, construction, maintenance, operation, modification, use, or disposition of any Product, including without limitation claims arising from SkySurfer Aircraft LLC’s own negligence, to the maximum extent permitted by applicable law. You expressly waive any and all rights under California Civil Code Section 1542, which provides: “A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.” You understand and acknowledge that this waiver is a material term of this Agreement without which SkySurfer Aircraft LLC would not enter into this Transaction.

11. Dispute Resolution; Waiver of Jury Trial; Waiver of Class Action.

Any dispute, claim, or request for relief arising out of or relating to this Agreement, any Pre-Order, Sale, Purchase, Order, Transaction, any Product, or your relationship with SkySurfer Aircraft LLC shall be resolved by binding individual arbitration as set forth in the Dispute Resolution provisions of the SkySurfer Aircraft LLC Purchase and License Agreement (specifically Section 15 thereof), which provisions are expressly incorporated herein by reference and made a part of this Agreement, and which apply to all disputes hereunder with the same force and effect as if fully set forth in this Agreement. YOU AND SKYSURFER AIRCRAFT LLC EACH WAIVE ANY RIGHT TO A JURY TRIAL IN CONNECTION WITH ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT, ANY PRE-ORDER, SALE, PURCHASE, ORDER, TRANSACTION, OR ANY PRODUCT. ALL DISPUTES MUST BE BROUGHT ON AN INDIVIDUAL BASIS ONLY. NEITHER YOU NOR SKYSURFER AIRCRAFT LLC MAY BRING OR PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CLASS ARBITRATION, CONSOLIDATED ARBITRATION, MASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING IN CONNECTION WITH ANY DISPUTE ARISING FROM OR RELATED TO THIS AGREEMENT, ANY PRE-ORDER, SALE, PURCHASE, ORDER, TRANSACTION, OR ANY PRODUCT. THIS WAIVER IS A MATERIAL TERM OF THIS AGREEMENT WITHOUT WHICH SKYSURFER AIRCRAFT LLC WOULD NOT ENTER INTO THIS TRANSACTION.

PART TWO

SKYSURFER AIRCRAFT LLC

PURCHASE AND LICENSE AGREEMENT

DEFINED TERMS AND ENTITY RECONCILIATION

As used throughout this Agreement, “SkySurfer Aircraft LLC,” “SkySurfer,” “Skysurfer,” and “we” or “us” each refer to the same legal entity: SkySurfer Aircraft LLC, a California limited liability company. All references to any of the foregoing terms, regardless of capitalization or stylization, refer to the same entity and shall be given the same force and effect. The defined terms “Pre-Order,” “Sale,” “Purchase,” “Order,” and “Transaction” as used in this Part Two shall have the same meanings, scope, and unified-application effect as set forth in the Scope of Agreement and Definitions of Transaction Types section of Part One of this Master Agreement Package, and all references in this Part Two to “Pre-Order” or any singular or plural form thereof shall be construed and applied to include, with equal force and effect, all Sales, Purchases, Orders, and Transactions of every kind, and all protections set forth in this Part Two shall apply equally and with full force and effect to all Pre-Orders, Sales, Purchases, Orders, and Transactions.

9. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL SKYSURFER BE LIABLE FOR ANY INCIDENTAL, SPECIAL, INDIRECT, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, ARISING OUT OF OR RELATED TO ANY PRE-ORDER, SALE, PURCHASE, ORDER, TRANSACTION, OR THIS AGREEMENT OR YOUR USE OF OR INABILITY TO USE ANY PRODUCT, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE) AND EVEN IF SKYSURFER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT WILL SKYSURFER’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION OF ANY KIND, IN THE AGGREGATE AND REGARDLESS OF THE NUMBER OF CLAIMS, INCIDENTS, OR THEORIES ASSERTED, EXCEED THE LESSER OF: (A) THE TOTAL AMOUNTS ACTUALLY RECEIVED BY SKYSURFER FROM YOU FOR THE SPECIFIC PRODUCT(S) DIRECTLY AT ISSUE IN THE APPLICABLE CLAIM, OR (B) ONE HUNDRED DOLLARS ($100.00). THIS CAP APPLIES TO ALL CLAIMS IN THE AGGREGATE AND SHALL NOT BE RESET BY THE ASSERTION OF ADDITIONAL CLAIMS. TO THE EXTENT APPLICABLE LAW MANDATES A MINIMUM RECOVERY IN EXCESS OF THE FOREGOING CAP, SKYSURFER’S LIABILITY SHALL BE LIMITED TO THE MINIMUM AMOUNT REQUIRED BY SUCH APPLICABLE LAW AND NO MORE. IN NO EVENT SHALL ANY PROVISION OF THIS AGREEMENT BE CONSTRUED TO CREATE LIABILITY WHERE NONE WOULD OTHERWISE EXIST UNDER APPLICABLE LAW. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

The Purchaser desires to purchase a license to build a Skysurfer Aircraft and/or purchase certain components used in the construction of that aircraft. In consideration of the mutual promises contained in this agreement, the parties hereby agree as follows:

RECONCILIATION OF AGREEMENT TERMS

This Agreement consists of two integrated and mutually operative components: (i) the Build License and Construction Terms set forth in Sections 1 through 8 (the “Build Terms”), and (ii) the Sales, Pre-Order, Liability, and Dispute Resolution Terms set forth in Sections 9 through 20 (the “Sales and Pre-Order Terms”). Both components constitute a single, unified agreement and shall be read and enforced together. Where the Build Terms and Sales and Pre-Order Terms address the same subject matter, both shall be given full force and effect to the maximum extent possible. In the event of any irreconcilable conflict between the Build Terms and the Sales and Pre-Order Terms on any subject, the provision affording SkySurfer Aircraft LLC the greatest protection from liability, indemnification exposure, or obligation shall govern. No provision of this Agreement shall be read to limit, qualify, or waive any other provision. The defined terms “Purchaser” and “you” / “your” as used throughout this Agreement refer to the same party: the individual or entity executing this Agreement and placing a Pre-Order, Sale, Purchase, Order, or other Transaction for, or taking delivery of, a SkySurfer Aircraft kit or component.

SkySurfer Aircraft LLC is the owner of the design of the SkySurfer Aircraft (hereinafter “Aircraft”). Upon the execution of this agreement and the payment of the purchase price set out in the Final Price Sheet, SkySurfer Aircraft LLC shall license the Purchaser to use this design, with or without accompanying construction plans, to construct an aircraft using the licensed design, it being expressly understood that the completed aircraft constructed by the Purchaser will not necessarily be the same as, or similar to, any aircraft constructed by SkySurfer Aircraft LLC, and no representation of equivalence, performance, safety, airworthiness, or similarity to any SkySurfer Aircraft prototype or production unit is made or implied by the grant of this license. The design and plans for the Aircraft are the property of SkySurfer Aircraft LLC and the Purchaser agrees to utilize these plans only for use in constructing one aircraft for the Purchaser’s personal use only. Any other use or reproduction of the plans is strictly prohibited. The Purchaser shall not allow any copies or reproductions of the plans to come into the possession of any other person or entity. SkySurfer Aircraft LLC reserves the right, in its sole and absolute discretion, to modify the design, plans, specifications, components, or configuration of the Aircraft at any time and for any reason or no reason, including without limitation changes to enhance performance, address manufacturing considerations, substitute components, or for any other purpose. SkySurfer Aircraft LLC makes no representation, warranty, commitment, or guarantee that any Purchaser will be notified of any such modification. Any notification of design or plan changes by SkySurfer Aircraft LLC to any Purchaser, if made, shall be as a courtesy only, shall not create any obligation to notify other Purchasers, shall not create any duty to provide future notifications, and shall not give rise to any claim, right, or remedy by the Purchaser for failure to receive any such notification. The Purchaser’s sole obligation with respect to any design modification is to contact SkySurfer Aircraft LLC at the address set forth in Section 19 prior to commencing or continuing construction to confirm whether current plans are in effect. SkySurfer Aircraft LLC assumes no responsibility and shall have no liability whatsoever for the Purchaser’s construction of an Aircraft using outdated, superseded, or modified plans, regardless of whether SkySurfer Aircraft LLC had knowledge of same.

2. Airworthiness:

The Purchaser is solely and exclusively responsible for determining and complying with all applicable governmental, federal, state, local, and international aviation regulations in connection with the construction, maintenance, registration, and operation of the Aircraft, including without limitation all requirements of the Federal Aviation Administration, applicable foreign civil aviation authorities, and any other applicable regulatory body, and the Purchaser agrees to obtain all inspections, certifications, registrations, and approvals required by applicable law. SkySurfer Aircraft LLC makes no representation whatsoever as to what regulatory requirements apply to the Purchaser’s Aircraft, the Purchaser’s jurisdiction, or the Purchaser’s intended use, and the Purchaser shall not rely on any statement by SkySurfer Aircraft LLC regarding regulatory compliance or regulatory applicability. The Purchaser understands and agrees that certification of the completed Aircraft is dependent upon the Purchaser’s construction techniques and that airworthiness is beyond the control of SkySurfer Aircraft LLC. SkySurfer Aircraft LLC does not accept responsibility whatsoever for certification of the aircraft or for eligibility for operation of the Aircraft in the ultra-light category.

3. Warranty:

SkySurfer Aircraft LLC is not responsible and makes no warranty, express or implied whatsoever, regarding the performance, flight characteristics, structural integrity, or safety of the completed Aircraft or its component parts. The Purchaser expressly acknowledges and agrees that: (i) the Purchaser has not relied, and is not relying, on any oral, written, visual, digital, or media-based statement, representation, demonstration, depiction, specification, projection, estimate, or communication of any kind, whether made by SkySurfer Aircraft LLC, its officers, employees, agents, representatives, dealers, or affiliates, or published on any platform, website, social media channel, press release, or promotional material, in connection with the Purchaser’s decision to enter into this Agreement or to purchase any product; (ii) no such statement, representation, demonstration, depiction, specification, projection, or estimate, whether made prior to, contemporaneous with, or subsequent to the execution of this Agreement, constitutes a warranty, guarantee, representation, or contractual obligation of any kind; (iii) all performance data, specifications, range estimates, speed parameters, payload capacities, flight time projections, and any other technical or operational information communicated through any channel by SkySurfer Aircraft LLC are preliminary, subject to change without notice, are based on test conditions that may not reflect actual operating conditions, and are expressly disclaimed; and (iv) this Agreement, together with the Final Price Sheet and Purchase Order, constitutes the entire agreement between the parties with respect to the subject matter hereof, and all prior representations, statements, and communications are merged herein and superseded in their entirety. Specifically, SkySurfer Aircraft LLC makes no warranty that the plans or components comprising the kit Aircraft are fit for any particular purpose or use. The Purchaser understands and agrees that there are many factors that affect the design integrity of the completed Aircraft, including design requirements for batteries, motors, propellers and rotors and requirements for aerodynamic and center of gravity limits. SkySurfer Aircraft LLC does not warrant the integrity of component parts once they are shipped to the Purchaser.

DISCLAIMER OF IMPLIED WARRANTIES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SKYSURFER AIRCRAFT LLC EXPRESSLY DISCLAIMS ALL IMPLIED WARRANTIES OF ANY KIND WITH RESPECT TO ANY PRODUCT, KIT, COMPONENT, PLAN, DESIGN, LICENSE, OR ANY OTHER ITEM PROVIDED UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. SKYSURFER AIRCRAFT LLC FURTHER DISCLAIMS ANY WARRANTY ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR ANY PRIOR REPRESENTATIONS OR CONDUCT. NO EMPLOYEE, AGENT, REPRESENTATIVE, DEALER, OR AFFILIATE OF SKYSURFER AIRCRAFT LLC HAS AUTHORITY TO MAKE ANY WARRANTY ON BEHALF OF SKYSURFER AIRCRAFT LLC, AND ANY PURPORTED WARRANTY MADE BY SUCH PARTY IS VOID AND OF NO EFFECT. THE PURCHASER BEARS THE ENTIRE RISK AS TO THE QUALITY, PERFORMANCE, AIRWORTHINESS, AND SUITABILITY OF THE AIRCRAFT AND ALL COMPONENTS.

3A. SOFTWARE, FIRMWARE, ELECTRONICS, AND BATTERY SYSTEMS DISCLAIMER.

THE AIRCRAFT MAY INCORPORATE OR BE DESIGNED TO INCORPORATE ELECTRONIC CONTROL SYSTEMS, FIRMWARE, SOFTWARE, BATTERY MANAGEMENT SYSTEMS, MOTOR CONTROLLERS, SENSORS, TELEMETRY SYSTEMS, FLIGHT CONTROL SYSTEMS, AND RELATED ELECTRONIC COMPONENTS AND TECHNOLOGY (COLLECTIVELY, “ELECTRONIC SYSTEMS”). SKYSURFER AIRCRAFT LLC MAKES NO WARRANTY, EXPRESS OR IMPLIED, OF ANY KIND WHATSOEVER WITH RESPECT TO ANY ELECTRONIC SYSTEMS, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF PERFORMANCE, RELIABILITY, ACCURACY, SAFETY, FITNESS FOR A PARTICULAR PURPOSE, OR FREEDOM FROM DEFECT, ERROR, OR MALFUNCTION. ELECTRONIC SYSTEMS MAY CONTAIN ERRORS, BUGS, OR DEFECTS. ELECTRONIC SYSTEMS MAY FAIL, MALFUNCTION, OR PRODUCE INACCURATE RESULTS UNDER CERTAIN CONDITIONS INCLUDING BUT NOT LIMITED TO ELECTROMAGNETIC INTERFERENCE, EXTREME TEMPERATURES, MOISTURE, VIBRATION, IMPROPER INSTALLATION, FIRMWARE UPDATES, COMPONENT DEGRADATION, OR BATTERY DEPLETION. SKYSURFER AIRCRAFT LLC IS NOT RESPONSIBLE FOR, AND EXPRESSLY DISCLAIMS ALL LIABILITY ARISING FROM, ANY FAILURE, MALFUNCTION, ERROR, OR UNEXPECTED BEHAVIOR OF ANY ELECTRONIC SYSTEM, REGARDLESS OF CAUSE. BATTERY SYSTEMS USED IN CONNECTION WITH THE AIRCRAFT PRESENT SIGNIFICANT RISK OF FIRE, EXPLOSION, AND THERMAL RUNAWAY, AND THE PURCHASER ASSUMES ALL RISK ASSOCIATED WITH THE SELECTION, INSTALLATION, MAINTENANCE, STORAGE, TRANSPORT, CHARGING, AND USE OF BATTERY SYSTEMS. SKYSURFER AIRCRAFT LLC MAKES NO REPRESENTATION REGARDING THE COMPATIBILITY OF ANY THIRD-PARTY ELECTRONIC COMPONENT WITH THE AIRCRAFT DESIGN, AND THE PURCHASER IS SOLELY RESPONSIBLE FOR VERIFYING COMPONENT COMPATIBILITY AND SAFE INTEGRATION.

3B. EXPORT COMPLIANCE.

The Purchaser acknowledges that the plans, designs, technical documentation, components, and technology provided by SkySurfer Aircraft LLC under this Agreement may be subject to U.S. export control laws and regulations, including without limitation the Export Administration Regulations (EAR), 15 C.F.R. Parts 730-774, and potentially the International Traffic in Arms Regulations (ITAR), 22 C.F.R. Parts 120-130. The Purchaser agrees to comply fully with all applicable U.S. export control laws and regulations and shall not export, re-export, transfer, or provide access to any plans, designs, technical data, components, or technology provided under this Agreement to any person, entity, or destination in violation of applicable law without first obtaining all required U.S. government authorizations. The Purchaser represents and warrants that the Purchaser is not a national of, or located in, any country subject to U.S. trade sanctions or embargoes, is not listed on any U.S. government denied parties list, and is not acquiring any product or technology for use in connection with any weapons program, nuclear application, or other restricted end-use. SkySurfer Aircraft LLC assumes no responsibility for the Purchaser’s compliance with export control laws and shall have no liability for any violation thereof. The Purchaser agrees to indemnify and hold harmless the SkySurfer Indemnitees (as defined in Section 5) from any claims, penalties, fines, or liability arising from the Purchaser’s failure to comply with this Section.

4. WARNING: READ THIS BEFORE ORDERING.

A) The risks involved in flying an experimental homebuilt or an ultralight Aircraft are greater than those risks associated with everyday life. There are certain dangers involved which cannot be removed, no matter how safe the design, no matter how careful the construction, no matter how accomplished the pilot. These dangers include the possibility of personal injury or even death, just as in other high risk sports such as motorcycle riding, sky diving and skiing. You cannot build or fly this Aircraft unless you knowingly and willingly accept and assume these risks as your own.

B) You must also realize that the construction and/or use of any Aircraft, especially a SkySurfer Aircraft, is a task which requires critical attention to detail and uncompromising standards of construction. You cannot build this Aircraft unless you are qualified in aircraft manufacturing and willing to follow exactly all instructions provided by SkySurfer Aircraft LLC. Any unapproved alteration or unapproved use may significantly increase the risks of flights, making you a test pilot for an unproven design.

C) As the builder of a SkySurfer Aircraft, it is your responsibility to double check the quality of all materials used in construction. Although all materials supplied to you by SkySurfer Aircraft LLC have been quality checked, it is up to you to give each part a careful examination before installing it on your Aircraft. This duty is especially important in connection with composite materials, which may be damaged in shipment, handling or storage. If you encounter any part or building materials which is not airworthy, then it is up to you to contact SkySurfer Aircraft LLC to arrange for a replacement. Also, if you have any questions about the plans and instructions provided with the aircraft kit, it is up to you to reach out to SkySurfer Aircraft LLC to resolve it. If it appears as though a drawing or instruction can be read in more than one way, it is your responsibility to find out which interpretation is correct. SkySurfer Aircraft LLC may, in its sole and absolute discretion and without any obligation to do so, attempt to provide clarification regarding its plans and instructions. Any such clarification, if provided, is offered as a courtesy only, without warranty of accuracy, completeness, or fitness for any purpose, and shall not be relied upon as a substitute for the Purchaser’s independent obligation to exercise professional judgment in construction. SkySurfer Aircraft LLC assumes no liability for the content of any clarification provided, for any failure to provide clarification, or for any delay in responding to any inquiry. The Purchaser’s obligation to resolve any ambiguity in plans and instructions remains the Purchaser’s sole and exclusive responsibility.

D) It is critical that any person flying an Aircraft designed by SkySurfer Aircraft LLC understands certain facts. First, the Purchaser acknowledges and understands that operation of the Aircraft requires appropriate training, qualifications, experience, and demonstrated proficiency, regardless of whether applicable regulations require a pilot certificate or license. While pilots operating aircraft in the ultralight category under 14 CFR Part 103 are not required to hold an FAA-issued pilot certificate, the absence of a certification requirement does not diminish the necessity of adequate training, experience, and demonstrated competency. SkySurfer Aircraft LLC makes no representation regarding what level of training, experience, or proficiency constitutes adequate qualification for any individual pilot, and the determination of whether any individual is competent to operate the Aircraft is solely the responsibility of that individual and not SkySurfer Aircraft LLC. No person should operate the Aircraft without first obtaining adequate training in a similarly configured aircraft and achieving demonstrated proficiency. SkySurfer Aircraft LLC assumes no duty and accepts no liability in connection with any determination regarding pilot qualification or readiness to fly. Second, any pilot who wants to fly the Aircraft should first have adequate experience in a similarly configured training aircraft. Finally, by definition, any pilot who flies an experimental or ultralight Aircraft is an experimental pilot. This maxim is especially true for the first flights of the Aircraft. Initial test flights should be approached with extreme caution, following established guidelines. If you do not know these guidelines, the Experimental Aircraft Association (EAA) can help you.

E) By definition, the SkySurfer Aircraft which is the subject of this Agreement is an experimental Aircraft (or an ultralight aircraft if built to those specifications) and is not certificated to the same standards as manufactured general aviation Aircraft. There are some regimes of flight in which the Aircraft has not been tested. It is possible for a pilot to place the Aircraft into these certain flight regimes which may render the Aircraft uncontrollable or unrecoverable. Operation of the Aircraft under these circumstances could result in serious injury or even death. Therefore, any person flying the Aircraft must accept responsibility for acting as a test pilot. There are no guarantees that the Aircraft constructed by the Purchaser will be the same as, or even similar to, the prototype constructed by SkySurfer Aircraft LLC. The Purchaser is the manufacturer of the Aircraft assembled with components supplied by SkySurfer Aircraft LLC. The Purchaser accepts sole responsibility and liability for construction of the Aircraft. Purchaser also accepts liability and responsibility for the safe and careful operation of the completed Aircraft. In summary, building and flying any experimental or Ultralight aircraft involves certain inherent risks which you assume by ordering, building and flying this aircraft. It is up to you minimize these risks by exercising extreme care in every activity associated with construction and flight. By developing an attitude of professionalism, safety and attention to detail, you will be a safer pilot enabling you to enjoy your SkySurfer Aircraft even more.

5. Indemnification and Release:

The Purchaser agrees, on behalf of the Purchaser, the Purchaser’s heirs, executors, administrators, assigns, and any subsequent purchasers, owners, or operators of the Purchaser’s kit or completed Aircraft, to defend, indemnify, and hold harmless SkySurfer Aircraft LLC and its past, present, and future officers, directors, shareholders, members, managers, employees, agents, representatives, licensors, successors, and assigns (collectively, the “SkySurfer Indemnitees”) from and against any and all claims, demands, suits, causes of action, proceedings, judgments, damages, losses, liabilities, costs, and expenses of any nature (including without limitation reasonable attorneys’ fees, expert fees, court costs, and all other defense costs) arising out of, related to, or in connection with: (a) the Purchaser’s construction, assembly, maintenance, storage, transport, repair, modification, display, demonstration, or operation of the Purchaser’s Aircraft or any component thereof; (b) any use or misuse of the plans, designs, or license granted hereunder; (c) any violation of applicable law in connection with the foregoing; or (d) any claim by any third party, including without limitation bystanders, property owners, governmental authorities, or any other person or entity, arising from the construction or operation of the Purchaser’s Aircraft. The Purchaser assumes all liability in conjunction with the construction, maintenance, and operation of the Purchaser’s kit or completed SkySurfer Aircraft. The Purchaser, on behalf of himself or herself, or themselves, and the Purchaser’s heirs, executors, administrators, and assigns, hereby unconditionally and irrevocably releases the SkySurfer Indemnitees from any and all liability for property loss or damage, bodily injury, or death, resulting from or related to the Purchaser’s construction, maintenance, storage, transport, or operation of the Purchaser’s SkySurfer Aircraft. The Purchaser understands and agrees that SkySurfer Aircraft LLC is unwilling to enter into this Agreement unless induced to do so by the Purchaser’s agreement to the indemnification and release provisions of this Section, and that the Purchaser’s agreement to these provisions constitutes material consideration for SkySurfer Aircraft LLC’s obligations hereunder.

6. Purchase Order:

The terms and conditions of the SkySurfer Aircraft LLC Purchase Order, Sale Order, Vehicle Configuration, and/or Final Price Sheet used to order or purchase any kit or component are expressly made a part of this Agreement.

7. Governing Law:

SkySurfer Aircraft LLC and the Purchaser agree that this agreement shall be governed by the laws of the State of California, USA. The parties also agree that if any portion of this agreement is invalidated in any manner, any remaining provisions will continue in full force and effect.

8. Entire Agreement:

This instrument constitutes and embodies the entire agreement of the parties. There are no promises, terms, conditions or obligations other than those contained herein. With respect to the subject matter hereof, this Agreement supersedes all previous communications, representations or agreements oral or written, between the parties. No modification or waiver of the terms of this Agreement shall be made without the express written consent of SkySurfer Aircraft LLC. The Buyer agrees that he has read the terms, provisions and warnings set out in this Agreement and in any other SkySurfer Aircraft LLC documentation provided to the Buyer before accepting final delivery of the Product, and accepts all provisions as stated herein.

10. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless SkySurfer Aircraft LLC and the SkySurfer Indemnitees (as defined in Section 5) from and against any and all losses, costs, liabilities, damages, judgments, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your use of, or inability to use, the Product; (b) your violation of this Agreement; (c) your violation of any rights of another party; or (d) your violation of any applicable laws, rules, or regulations. SkySurfer Aircraft LLC reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with SkySurfer Aircraft LLC in asserting any available defenses. This indemnification obligation is in addition to, and not in lieu of, the indemnification and release obligations set forth in Section 5, and both provisions shall operate together to provide the broadest possible protection to the SkySurfer Indemnitees. Nothing in this Section shall be construed to require you to indemnify any SkySurfer Indemnitee solely to the extent prohibited by applicable law as a matter of public policy that cannot be waived by contract; however, any such exception shall be construed as narrowly as applicable law requires and no more broadly.

11. Force Majeure.

Neither party will be liable to the other for any failure to perform its obligations due to an event beyond the control of such party, including, but not limited to, any Act of God, terrorism, war, political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man-made eventuality outside of that party’s control, which causes the termination of an agreement or contract entered into, or which could not have been reasonably foreseen. Any party affected by such event will inform the other party and use all reasonable endeavors to comply with this Agreement.

12. Modification of this Agreement.

We reserve the right, at our sole and absolute discretion, to modify, amend, supplement, or replace this Agreement on a going-forward basis at any time and for any reason or no reason, without prior notice except as expressly required herein. Please check this Agreement periodically for changes. For purposes of this Section, a “material modification” means a modification that substantially reduces your rights or substantially increases your obligations under this Agreement. A modification is “immaterial” if it does not constitute a material modification as defined herein, including without limitation corrections of typographical errors, updates to contact information, clarifications of existing terms that do not change their substantive effect, or additions of new provisions that impose no new obligations on you. All determinations of materiality shall be made by SkySurfer Aircraft LLC in its sole and reasonable discretion. If a change to this Agreement materially modifies your rights or obligations, you will be required to accept the modified Agreement in order for your Pre-Order, Sale, Purchase, Order, or other Transaction to remain valid. Material modifications are effective upon your acceptance of the modified Agreement. Immaterial modifications are effective upon publication.

13. Entire Agreement; Survival.

This Agreement represents the entire agreement governing your Pre-Order, Sale, Purchase, Order, or other Transaction for the Product, and any prior agreements have no force or effect. All provisions of this Agreement which by their nature should survive, will survive termination, including without limitation, ownership provisions, disclaimers, indemnification, and limitation of liability.

14. Waiver; Severability.

Any waiver or failure to enforce any provision of this Agreement on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion. If for any reason a court of competent jurisdiction finds any portion of this Agreement to be unenforceable, the remainder of this Agreement will continue in full force and effect.

15. Dispute Resolution.

Please read the following arbitration agreement in this Section (“Arbitration Agreement”) carefully. It requires you to arbitrate disputes with SkySurfer and limits the manner in which you can seek relief from us.

(a) Applicability of Arbitration Agreement. You agree that any dispute, claim, or request for relief relating in any way to your access or use of the Website, to any products sold or distributed through the Website, to any Pre-Order, Sale, Purchase, Order, or other Transaction, or to any aspect of your relationship with SkySurfer, will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims or seek relief in small claims court if your claims qualify; and (2) you or SkySurfer may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, patents. The Buyer may not display or reveal to the public items including but not limited to SkySurfer external designs, internal designs, parts and/or components, manuals, documentation, specifications and methods of use). This Arbitration Agreement shall apply, without limitation, to all disputes or claims and requests for relief that arose or were asserted before the effective date of this Agreement or any prior version of this Agreement.

(b) Arbitration Rules and Forum. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your dispute or claim or request for relief to info@skysurferaircraft.com. The arbitration will be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, except that disputes involving claims, counterclaims, or requests for relief of $250,000 or less (not inclusive of attorneys’ fees and interest) shall be subject to JAMS Streamlined Arbitration Rules and Procedures. In the event JAMS is unavailable or declines to administer the arbitration, the parties shall mutually agree upon an alternative established arbitration provider; if the parties cannot agree within thirty (30) days, the arbitration shall be administered by the American Arbitration Association (AAA) pursuant to its Commercial Arbitration Rules. The rules of the selected arbitral forum shall govern all procedural matters not addressed in this Agreement, except to the extent such rules conflict with this Arbitration Agreement, in which case this Arbitration Agreement shall control. Payment of all filing, administrative, hearing, and other arbitration fees shall be governed by the applicable rules of the selected arbitral forum. If you demonstrate to the arbitrator that the cost of arbitration would be prohibitively expensive as compared to the costs of litigation, SkySurfer Aircraft LLC will pay as much of the filing, administrative, and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, not to exceed SkySurfer Aircraft LLC’s share of such fees under the applicable rules. Each party shall bear its own attorneys’ fees in arbitration unless the arbitrator determines that a claim or defense was frivolous or brought in bad faith, in which case the arbitrator may, in his or her discretion, award attorneys’ fees against the party asserting such frivolous or bad faith claim or defense. Nothing in this Section shall be construed to require SkySurfer Aircraft LLC to subsidize an arbitration where the Purchaser’s claims are frivolous, brought in bad faith, or are barred by this Agreement. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the country where you live or at another mutually agreed location. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

(c) Authority of Arbitrator. The arbitrator shall have exclusive authority to (a) determine the scope and enforceability of this Arbitration Agreement and (b) resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any assertion that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and SkySurfer. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement (including the Arbitration Agreement). The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

(d) Waiver of Jury Trial. YOU AND SKYSURFER HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and SkySurfer are instead electing that all disputes, claims, or requests for relief shall be resolved by arbitration under this Arbitration Agreement, except as specified in Section 15(a) above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

(e) Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If a decision is issued stating that applicable law precludes enforcement of any of this subsection’s limitations as to a given dispute, claim, or request for relief, then such aspect must be severed from the arbitration and brought into the State or Federal Courts located in the State of California. All other disputes, claims, or requests for relief shall be arbitrated.

(f) 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to: info@skysurferaircraft.com, within 30 days after first becoming subject to this Arbitration Agreement. Your notice must include your name and address, your SkySurfer username (if any), the email address you used to set up your SkySurfer account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of this Agreement will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

(g) Severability. Except as provided in Section 15(e), if any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.

(h) Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with SkySurfer.

(i) Survival of Agreement. Notwithstanding any provision in this Agreement to the contrary, we agree that if SkySurfer makes any future material change to this Arbitration Agreement, you may reject that change within thirty (30) days of such change becoming effective by writing SkySurfer at the following address: info@skysurferaircraft.com.

16. Assignment.

This Agreement, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without SkySurfer’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.

17. Exclusive Venue.

To the extent the parties are permitted under this Agreement to initiate litigation in a court, both you and SkySurfer agree that all claims and disputes arising out of or relating to this Agreement that are permitted to be brought in court pursuant to this Agreement will be litigated exclusively in the state courts of San Francisco County, California or the United States District Court for the Northern District of California, and both parties hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection to such venue, including any objection based on inconvenient forum.

18. Governing Law.

This Agreement and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

19. Notice.

Where SkySurfer requires that you provide an e-mail address, you are responsible for providing SkySurfer with your most current e-mail address. In the event that the last e-mail address you provided to SkySurfer is not valid, or for any reason is not capable of delivering to you any notices required/permitted by this Agreement, SkySurfer’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to SkySurfer at the following address: info@skysurferaircraft.com. Such notice will be deemed given when received by SkySurfer at the address above or by letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to SkySurfer Aircraft 201 E Center St Ste 112 PMB 3048 Anaheim, CA 92805.

20. Consent to Electronic Communications.

The communications between you and SkySurfer use electronic means, whether you visit our website or send us emails, or whether we post notices on our website or communicate with you via e-mail. For contractual purposes, you (1) consent to receive communications from SkySurfer in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that SkySurfer provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.

END OF MASTER AGREEMENT PACKAGE