Flyy Credit Solutions LLC (Flyy Credit Solutions or “We”) offers its members the (“Ambassador(s)” or “You”) the opportunity to participate in its referral program (the “Program”). We reserve the right to amend or terminate the Program at any time, for any reason.
Ambassadors are bound by these Terms and Conditions by participating in the Program. By participating in the Program, ambassadors agree to use the Program in the manner specified in these Terms and Conditions. If you do not agree to these Terms and Conditions in their entirety, you are not authorized to register as an Ambassador or to participate in the Program in any other manner. Ambassadors may not participate in the Program where doing so would be prohibited by any applicable law or regulations. Flyy Credit Solutions reserves the sole and exclusive right to determine the amount of remuneration each Ambassador will receive.
You (Ambassador) will have the opportunity to earn remunerations and receive rewards or prizes in exchange for successful referrals obtained using a personal unique referral link that will be provided. These referrals may be obtained by sharing your truthful statements about your experience with Flyy Credit Solutions. Such statements may include, but not be limited to, sharing your Flyy Credit University experience with your family, friends, colleagues, social media followers, either in person, on social media, or by e-mail, and encouraging them to join Flyy Credit University as a Member.
We reserve the right to modify or amend at any time these Terms and Conditions and/or the methods through which prizes or rewards are earned. We reserve the right to disqualify any ambassadors from participation in the Program at any time at our sole discretion, including without limitation if he/she does not comply with any of these Terms and Conditions or otherwise fails to comply with any applicable laws (including, without limitation, through any failure to include any disclosures as required by the FTC or otherwise requested or required by Flyy Credit Solutions).
Ambassadors agree to comply with all laws including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227)), and laws governing testimonials (including the Federal Trade Revised Endorsements and Testimonials Guides (16 CFR Part 255 of the Code of Federal Regulations)). Ambassadors are solely responsible for ensuring their compliance with all laws.
By using this Service you represent and warrant that you are a legal resident of the U.S., that you are a legal adult of 18 years of age or older, have an active membership with Flyy Credit Solutions, and that you meet all other eligibility and residency requirements, and that you are fully able and legally competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in this Agreement and to abide by and comply with these terms and conditions. You must be 18 years of age or older to be a program participant. No part of the program is directed to persons under the age of 18. IF YOU ARE UNDER 18 YEARS OF AGE, YOU MAY NOT USE, ACCESS, OR PARTICIPATE IN THE PROGRAM AT ANY TIME OR IN ANY MANNER. You must be a legal resident of the United States of America of its territories to be eligible for participation
I. How the Program Works
A. Program Participation In Summary
1. To participate in the Program, ambassadors should visit https://www.flyycredit.com/ambassador and follow the on-screen instructions to obtain their unique personal referral link to share and refer family, friends, colleagues, and their social media followers to the program.
2. In addition to receiving a unique referral link to share, Ambassadors will also receive graphics and captions they can copy and paste for their social media posts.
3. Ambassadors will be given access to their own individual personal dashboard to track their referrals, leads, remunerations, and prizes as applicable. “Eligible” Referrer who is fully compliant with these Terms and Conditions may receive “Reward(s)” for every “Qualified Referral” (all terms in quotes to be understood as defined below).
4. The Program’s Top 3 Ambassadors with the most active referrals at the time of selection will be selected for an all-inclusive trip to Cabo Mexico with a first-class experience, which includes all-inclusive hotel accommodations and flights for themselves and one guest. The top Ambassadors will be selected on or around June 31st, 2022.
1. To be “Eligible,” an Ambassador must:
2. Be an active Flyy Credit member with an active subscription that is current
3. Be at least 18 years of age
4. Be a legal resident of the United States of America or its territories
C. Making a Referral
1. An active member must register and receive their unique link to become a Flyy Credit Ambassador and have the ability to refer. Once an Ambassador successfully earns a referral using their unique link, the ambassador will be contacted if a qualified referral was made using their link and a confirmation email will be sent.
2. Ambassadors must respect the integrity of the Program by only referring real individuals who meet the requirements of these Terms and Conditions. Ambassadors cannot refer themselves. For example, an Ambassador may not create multiple or fake accounts with Flyy Credit University or participate in the Program using multiple or fake email addresses or identities.
D. Qualified Referrals
1. A “Qualified Referral” means that all the following conditions are met:
2. The referee purchased a monthly or annual Flyy Credit University membership.
3. If someone you referred registers with Flyy Credit University using any other method, the registration will not count as a Qualified Referral and the Referrer will not earn Credit. Referrals must come directly from an ambassador’s unique personal link to receive credit for that referral.
4. Is a legal resident of the United States of America and at least 18 years old
5. Ambassador’s membership and membership of referrers must be of active and current status to receive remuneration.
E. Verified Qualified Referrals
1. Rewards are subject to verification. Flyy Credit Solutions may delay a Reward or remuneration for the purposes of investigation. Flyy Credit Solutions may also refuse to verify and process any transaction Flyy Credit Solutions deems, in its sole discretion, to be fraudulent, suspicious, in violation of these Terms and Conditions, or believes will impose potential liability on Flyy Credit Solutions, its subsidiaries, affiliates, or any of their respective officers, directors, employees, representatives, and agents. All of Flyy Credit Solutions’ decisions are final and binding, including decisions as to whether a Qualified Referral or Reward is verified.
F. Remuneration and Rewards
Ambassadors acknowledge and agree that:
1. Remuneration will be paid out on a weekly basis via E-check, PayPal or other third-party payment systems.
2. For any physical merchandise, product, or apparel that is earned (ie. Flyy Credit Gear) the Ambassador will cover shipping costs.
3. The grand prize will include two (2) flights, one (1) room (double capacity) to an all-inclusive resort of our choice. The package is subject to availability and blackout dates. Top 3 Ambassadors and their guests must obey all local laws in regard to lodging restrictions. All expenses and incidental travel costs not expressly stated in the package description above, including but not limited to; ground transportation, personal charges at lodging, telecommunication charges, security fees, taxes, or other expenses or incidentals are the responsibility solely of the winner. The winner’s companion must be eighteen (18) years old as of the date of departure and must travel on the same itinerary as the winner. The winner’s companion must also execute liability/publicity releases prior to travel.
4. Flyy Credit Solutions will not be responsible or liable to provide compensation or re-book if an ambassador or their travel companion does not have a valid US passport at the time of travel. Top Ambassadors and their companions are solely responsible for obtaining documents necessary for their respective international travel (i.e. passport/visa), if applicable. Restrictions, conditions, and limitations may apply. No substitution, assignment, or transfer of the prize is permitted, except by Flyy Credit Solutions who reserves the right to substitute the prize or prize component with another of comparable or greater value.
III. Content Ownership and Use.
A. Flyy Credit University online platform and the Program contain content that includes: designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other content (collectively, “Content”). As between Referrer and Flyy Credit Solutions, all Content is the property of Flyy Credit Solutionsor its licensors and is protected under copyright, trademark, and other laws. The compilation (meaning the collection, arrangement, and assembly) of all Content on Flyy Credit Solutions online platform or the Program is the exclusive property of Flyy Credit University and is protected by copyright, trademark, and other laws.
B. License to You
1. Flyy Credit Solutions authorizes you, subject to these terms, to access and use Flyy Credit University online platform, the Program, and given graphics and captions solely for your personal, non-commercial use. This license is revocable at any time without notice and with or without cause. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy you make of it.
1. The registered or unregistered logos, product, and service names contained in Flyy Credit University online platform or the Program are or may be trademarks of Flyy Credit Solutions or its licensors (the “Marks”). Without Flyy Credit Solutions’ prior written permission, and except as solely enabled by any link as provided by Flyy Credit Solutions, you agree not to display or use in any manner outside of this program.
D. User-Submitted Content
1. The registered or unregistered logos, product, and service names contained in Flyy Credit University online platform or the Program are or may be trademarks of Flyy Credit Solutions or its licensors (the “Marks”). Without Flyy Credit Solutions’ prior written permission, and except as solely enabled by any link as provided by Flyy Credit Solutions, you agree not to display or use in any manner the Marks outside of this program.
E. Electronic Signature
All information communicated on the Website is considered an electronic communication. When you communicate with Flyy Credit Solutionsthrough or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
A. By participating in the Program, ambassadors agree to:
2. Defend, indemnify, release and hold harmless Flyy Credit Solutions, its parent companies, affiliates, and subsidiaries, together with their respective employees, directors, officers, licensees, licensors, shareholders, contractors, vendors, attorneys, and agents including, without limitation, their respective advertising, and promotion entities and any person or entity associated with the production, operation or administration of the Program (collectively, the “Released Parties”), from any and all claims, actions, demands, damages, losses, liabilities, costs or expenses caused by, arising out of, in connection with, or related to ambassadors’ participation in the Program (including, without limitation, any property loss, damage, personal injury or death caused to any person(s) and/or the awarding, receipt and/or use or misuse of the Program or any Reward); and
3. To share truthful and accurate information about your experience as a Flyy Credit Member; and (2) if posting on social media, each post must contain (a) @flyy.credit and #flyycredit; and (b) #ad, #advertisement, or #promotion in a clear location before the text of your description. If the post is on Instagram, these hashtags must appear before the “More” button, and each Instagram post must use Instagram’s “Paid Partnership” tool. If the post is on YouTube or another form of video social media, then the hashtags must appear in a clear and conspicuous location in the post description, and each video must display the word “Ad,” “Advertisement,” “Promotion,” or “Paid Partnership” within the video itself in a font size that is clearly recognizable to the viewer and which appears persistently throughout the length of the video in the top right-hand portion. All e-mails must: (1) be sent only to those individuals who have opted in to receiving e-mails; (2) clearly identify the e-mail as an advertisement in the subject line; and (3) provide a mechanism for the recipient to opt-out, with all opt-out requests being honored within ten (10) business days of receipt. As a Flyy Credit Ambassador, your statements must not: (1) contain any false or misleading statements; (2) make any financial, health, or misleading claims about Flyy Credit Solutions products or services or your experience with Flyy Credit Solutions(e.g., “Flyy Credit Solutions raised my scores in 15 minutes” would be prohibited, but “Flyy Credit Solutions has helped me learn how to increase my credit scores fast” would be acceptable and permitted if that was your individual experience); (3) display, reference, or discuss any third party’s products or services including, but not limited to, the products or services of any competitors; nor (4) infringe any third party’s intellectual property or other rights, including likeness rights, trademark rights, copyrights, and rights of privacy. Ambassadors are independent contractors and are not employees or agents of Flyy Credit Solutions. Ambassadors have no authority to act on behalf of or bind Flyy Credit Solutions or its affiliates.
B. Flyy Credit Solutions shall not be liable for:
1. Late, lost, delayed, stolen, misdirected, incomplete, unreadable, inaccurate, unreliable, garbled or unintelligible entries, communications or affidavits, regardless of the method of transmission;
2. Telephone system, telephone or computer hardware, software or other technical or computer malfunctions, lost connections, disconnections, delays or transmission errors;
3. Data corruption, theft, destruction, unauthorized access to or alteration of entry or other materials;
4. Any printing, typographical, administrative or technological errors in any websites or materials associated with the referral program; or
5. Claims, demands, and damages in disputes among ambassadors or between ambassadors and Friends; or
6. Any other injuries, losses or damages of any kind resulting from acceptance, possession or use of a reward, remuneration, or grand prize, from participation in the Program, that were not reasonably foreseeable to Flyy Credit Solutions at the relevant time.
7. Any third-party fees and or shipping costs to receive or retrieve remuneration or rewards.
C. Flyy Credit Solutions disclaims any liability for damage to any computer system resulting from participating in, or accessing or downloading information in connection with the Program, and reserves the right, in its sole discretion, to cancel, modify or suspend the Program should a virus, bug, computer problem, unauthorized intervention or other cause beyond Flyy Credit Solutions’ control corrupt the administration, security or proper operation of the Program.
D. Flyy Credit Solutions shall not be liable to any Ambassador for failure to supply any Reward or any part thereof, by reason of any acts of God, any action(s), regulation(s), order(s), or request(s) by any governmental or quasigovernmental entity (whether or not the action(s), regulations(s), order(s) or request(s) prove(s) to be invalid), equipment failure, threatened terrorist acts, terrorist acts, air raid, blackout, an act of public enemy, earthquake, tornado, tsunami, war (declared or undeclared), fire, flood, epidemic, explosion, unusually severe weather, hurricane, embargo, labor dispute or strike (whether legal or illegal), labor or material shortage, transportation interruption of any kind, work slowdown, civil disturbance, insurrection, riot, or any other similar or dissimilar cause beyond any of the released parties’ control.
E. Flyy Credit Solutions reserves the right to cancel or suspend the Program should Flyy Credit Solutions determine, in its sole discretion, that the administration, security, or fairness of the Program has been compromised in any way.
F. Disclaimer of Warranties:
YOU AS AN AMBASSADOR EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE PROGRAM IS AT YOUR SOLE RISK; THE PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND FLYY CREDIT SOLUTIONS EXPRESSLY DISCLAIMS ALL WARRANTIES, CONDITIONS AND TERMS (COLLECTIVELY, “PROMISES”) OF ANY KIND, WHETHER EXPRESS OR IMPLIED BY STATUTE, COMMON LAW OR CUSTOM, INCLUDING, BUT NOT LIMITED TO, WARRANTIES AS TO PRODUCTS OR SERVICES OFFERED THROUGH THE USE OF THE PROGRAM, IMPLIED WARRANTIES OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT; (B) FLYY CREDIT SOLUTIONS MAKES AND GIVES NO WARRANTY THAT (i) THE PROGRAM WILL MEET YOUR REQUIREMENTS OR BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, (ii) THE RESULTS OBTAINED FROM THE USE OF THE PROGRAM WILL BE ACCURATE OR RELIABLE, (iii) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE PROGRAM WILL MEET YOUR EXPECTATIONS, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PROGRAM IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF ANY SUCH MATERIAL.
G. Limitation of Liability and Indemnification
1. AMBASSADORS EXPRESSLY UNDERSTAND AND AGREE THAT FLYY CREDIT SOLUTIONS INCLUDING ANY VENDORS AND SERVICE PROVIDERS ASSOCIATED WITH OR ASSISTING IN PROVIDING THE PROGRAM) SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FLYY CREDIT SOLUTIONS WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE PROGRAM; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA,INFORMATION OR SERVICES OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH, FROM, OR AS A RESULT OF THE PROGRAM; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR THROUGH THE PROGRAM; OR (v) ANY OTHER MATTER RELATING TO THE PROGRAM. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU.
2. TO THE FULLEST EXTENT POSSIBLE BY LAW, FLYY CREDIT SOLUTIONS AND ITS AFFILIATES (INCLUDING ANY VENDORS AND SERVICE PROVIDERS) MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE PROGRAM, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), SHALL NOT EXCEED $100 USD.
3. PROGRAM PARTICIPANTS AGREE AND ACKNOWLEDGE TO USE THE PROGRAM AT THEIR OWN RISK.
A. If a solution cannot be found to restore the integrity of the Program after the occurrence of Prohibited Conduct (as defined below), Flyy Credit Solutions reserves the right to cancel, change, or suspend the Program.
B. Prohibited Conduct, Generally
1. Ambassadors agree not to use the Program to:
2. Violate applicable law;
3. Infringe the intellectual property rights of Flyy Credit Solutions or any third parties;
4. Stalk, harass, or harm another individual;
5. Collect or store personal data about other ambassadors;
6. Impersonate any person or otherwise misrepresent Referrer’s identity;
7. Interfere with, disrupt or violate the Terms and Conditions or servers or networks connected to the Program; or disobey any requirements, procedures, policies, or regulations of such networks;
8. Interfere with another Referrer’s use of the Program;
9. Attempt to gain unauthorized access to the Program, other accounts, computer systems, or networks connected to the Program;
10. Transmit any file that contains viruses, worms, trojan horses, or any other contaminating or destructive features;
11. Conduct any illegal activity or solicit the performance of any illegal activity or other activity that infringes the rights of others;
12. Resell, barter, trade, auction, or otherwise generate income by providing access to the Program to others
C. Bulk Distribution (“Spam”)
1. If a Referrer provides their personal link by email, the email must be created and distributed in a personal manner that is appropriate and customary for communications with friends, colleagues, and family members.
2. Bulk referrals, distribution to strangers, or any other promotion of a Program in a manner that would constitute or appear to constitute unsolicited commercial email or “spam” in Flyy Credit Solutions’ sole discretion is expressly prohibited and may be grounds for immediate termination of the Referrer’s participation in the Program. Flyy Credit Solutionshas a no-tolerance spam policy.
3. Flyy Credit Solutions has no obligation to monitor the content provided by ambassadors; however, Flyy Credit Solutions may choose to do so and block any email messages, remove any such content, or prohibit any use of the Program.
4. Ambassadors must comply with applicable law. Ambassadors who do not comply with the law, including anti-spam laws, are obligated to indemnify Flyy Credit Solutions and all of the Released Parties against any liabilities, costs, and expenses incurred as a result of such violation.
D. Fraudulent and Suspicious Behavior
1. Flyy Credit Solutions may prohibit a Referrer from participating in the Program or receiving remuneration or prize, in Flyy Credit Solutions’ sole discretion if Flyy Credit Solutions determines that such Referrer or Ambassador is attempting to undermine the fairness, integrity, or legitimate operation of the Program in any way by cheating, hacking, deception, or any other unfair playing practices of intending to annoy, abuse, threaten or harass any other ambassadors, existing and/or potential members, or any representatives of Flyy Credit Solutions.
2. Use of any affiliate website, affiliate network properties, automated systems, script, or macro to participate is strictly prohibited and will result in disqualification.
3. Ambassadors may not enter with multiple or fake emails addresses or accounts, use fictitious identities or use any system, bot, or other device or artifice to participate in the Program or receive a Reward.
4. Flyy Credit Solutions reserves the right to disqualify any Ambassador and/or cancel any Reward(s) if Flyy Credit Solutions finds a program participant to be tampering with the entry process or the operation of the Program or violating these Terms and Conditions in any way.
CAUTION: ANY ATTEMPT TO DELIBERATELY DAMAGE OR UNDERMINE THE LEGITIMATE OPERATION OF THE PROGRAM MAY BE IN VIOLATION OF CRIMINAL AND CIVIL LAWS AND WILL RESULT IN DISQUALIFICATION FROM PARTICIPATION IN THE PROGRAM. SHOULD SUCH AN ATTEMPT BE MADE, FLYY CREDIT SOLUTIONS AND OR ITS AFFILIATES RESERVES THE RIGHT TO SEEK REMEDIES AND DAMAGES (INCLUDING ATTORNEY FEES) TO THE FULLEST EXTENT OF THE LAW, INCLUDING CRIMINAL PROSECUTION.
VI. Suggestions and Submissions.
A. Flyy Credit Solutions appreciates hearing from users and welcomes your comments regarding the Program. Please be advised, however, that Flyy Credit Solutions does not accept or consider creative ideas, suggestions, inventions, or materials (“Creative Ideas”) other than those which we have specifically requested. While Flyy Credit Solutions values your feedback on the program, please be specific in your comments and do not submit Creative Ideas. If, despite this request, you send Flyy Credit Solutions Creative Ideas, Flyy Credit Solutions:
1. Shall own, exclusively, all now known or later discovered rights to the Creative Ideas;
2. Shall not be subject to any obligation of confidentiality and shall not be liable for any use or disclosure of any Creative Ideas; and
3. Shall be entitled to unrestricted use of the Creative Ideas for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person.
VII. Applicable Law; Arbitration; Class Waiver; and Waiver of Jury Trial.
A. Any and all disputes claims, and causes of action arising out of or related to the Program or any Reward or other prize awarded pursuant to the Program or to this agreement shall be resolved under Illinois law (without reference to its conflicts of laws principles).
B. Ambassadors and Flyy Credit Solutions agree to submit to the personal and exclusive arbitration of any disputes relating to the use of Flyy Credit Solutions’ online platform or the Program under the rules of the American Arbitration Association. Any such arbitration, to the extent necessary, shall be conducted within Cook County in the state of Illionois. Program Participants covenant not to sue or otherwise bring a claim against Flyy Credit Solutions in any other forum.
C. Program participants also acknowledge and understand that with respect to any dispute with the Released Parties arising out of or relating to ambassadors’ use of the Program or this agreement:
1. PROGRAM PARTICIPANTS ARE GIVING UP THEIR RIGHT TO HAVE A TRIAL BY JURY; and
2. PROGRAM PARTICIPANTS ARE GIVING UP THEIR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE. If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
VIII. General Terms.
A. These terms constitute the entire agreement between ambassadors and Flyy Credit Solutions concerning ambassadors’ use of the Program. The failure of Flyy Credit Solutions to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. If any provision of these terms is found by a court of competent jurisdiction to be invalid, Flyy Credit Solutions and ambassadors nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision and that the other provisions of these terms shall remain in full force and effect. The section titles in these terms are for convenience only and have no legal or contractual effect. A person who is not a party to these terms shall have no right to enforce or receive the benefit of any of these terms.