FLYING411Communications Consent & Course Participation Agreement
These Terms and Conditions (the "Terms," "Agreement") are a binding legal agreement between you ("you," "your," "Student," or "User") and CB Aircraft Services, a company operating under the brand name "Flying411" and the website Flying411.com, together with its owners, officers, members, managers, directors, employees, independent contractors, instructors, agents, affiliates, parents, subsidiaries, successors, and assigns (collectively, the "Company," "we," "us," or "our").
These Terms govern your registration for, access to, and use of the Company's ground school course, related study materials, practice tests, videos, question-and-answer support, telephone and online instruction or assistance, and any associated websites, applications, and communications (collectively, the "Course" and "Services"). These Terms also include the Company's Returns, Exchanges & Warranty Policy set out in Section 22, which governs purchases you make through the Flying411 marketplace or website — including aircraft, aircraft engines, and aircraft parts and components — whether now or at any time in the future. By checking the box or clicking the button indicating that you accept these Terms, by registering for or purchasing the Course, by providing your contact information, or by otherwise accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms and by our Privacy Policy, which is incorporated herein by reference.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT REGISTER FOR, PURCHASE, ACCESS, OR USE THE COURSE OR SERVICES.
PLEASE READ CAREFULLY. THESE TERMS CONTAIN A CONSENT TO RECEIVE AUTOMATED AND AI-ASSISTED CALLS, TEXT MESSAGES, AND EMAILS (SECTION 5), A RELEASE AND WAIVER OF LIABILITY AND ASSUMPTION OF RISK (SECTIONS 8–9), A LIMITATION OF LIABILITY (SECTION 12), AND A BINDING ARBITRATION PROVISION AND CLASS-ACTION WAIVER (SECTION 16) THAT AFFECT YOUR LEGAL RIGHTS.
"Released Parties" and "Indemnified Parties" mean CB Aircraft Services and each of its past, present, and future owners, principals, officers, members, managers, directors, shareholders, employees, independent contractors, instructors, volunteers, agents, representatives, affiliates, licensors, service providers, successors, and assigns, in both their corporate and individual capacities. Every release, disclaimer, limitation of liability, and indemnity in this Agreement runs to the benefit of, and is intended to protect, each of the Released Parties individually as well as the Company as a whole.
You represent and warrant that you are at least eighteen (18) years of age and have the legal capacity to enter into this Agreement. If you are under eighteen (18) years of age, you may register for and use the Course only with the involvement, review, and consent of a parent or legal guardian, and that parent or legal guardian must accept these Terms on your behalf, in which case the parent or legal guardian agrees to be bound by these Terms (including the consent to communications, release, and indemnification provisions) individually and on behalf of the minor. By accepting these Terms on behalf of a minor, you represent that you are the minor's parent or legal guardian and have authority to bind the minor.
The Course is an educational and informational ground-school program only. It may be delivered online and through self-study materials, videos, written content, practice questions, and—now or in the future—telephone instruction, online question-and-answer support, and answers or explanations generated or assisted by artificial intelligence ("AI") tools.
The Course and all related communications are provided for general educational purposes only and do not constitute professional advice of any kind, including aviation-safety, operational, medical, legal, regulatory, or financial advice. No instructor-student relationship, fiduciary relationship, or duty of care beyond that expressly stated in this Agreement is created by your use of the Course. You assume full responsibility for how you use or apply any information provided, and you should independently verify all information and exercise your own judgment, and that of appropriately certificated professionals, before acting on it.
By providing your telephone number(s), mobile number(s), and/or email address to the Company—whether during registration, on any form, by text, by email, verbally, or otherwise—and by accepting these Terms, you give the Company your prior express written consent to contact you at the telephone number(s) and email address(es) you provide, for the purposes described below, using the methods and technologies described below. You represent that any telephone number and email address you provide belongs to you and that you are authorized to consent to receive communications at them.
Your consent applies to communications by any of the following methods, at the Company's discretion:
You consent to receive communications relating to, among other things:
You expressly acknowledge and agree that the Company may use automatic telephone dialing systems, prerecorded or artificial voices, automated text-messaging platforms, ringless voicemail, and artificial-intelligence tools to generate, personalize, deliver, and respond to communications, and that your consent extends to communications delivered by such technologies. You acknowledge that AI-generated or automated communications may occasionally contain errors and should not be relied upon as professional, safety-of-flight, or regulatory advice (see Sections 3, 4, and 6).
Message frequency varies. Message and data rates may apply according to your carrier's plan, and you are solely responsible for any such charges. The Company is not responsible for any charges, delays, or failures in the delivery of any communication, which are the responsibility of your carrier or service provider.
The Company uses third-party telephony, messaging, email, and AI service providers (for example, and without limitation, Quo (formerly OpenPhone) and similar providers) to route and deliver communications. Your information may be processed by these providers for the purpose of delivering communications to you, subject to their respective terms and privacy practices, and subject to our Privacy Policy.
The Company will honor opt-out requests within a reasonable period as required by applicable law. Even after you opt out of marketing communications, we may still send you non-marketing transactional or service messages related to your account, purchases, or safety, and we may still contact you as necessary to comply with law.
Your consent to receive marketing calls and texts is not a condition of purchasing any product or service. You may register for and use the Course without providing consent to receive marketing calls or texts; you will simply not receive those communications from us.
You acknowledge and agree that, to the extent permitted by applicable law, the Company may monitor and/or record telephone calls, voice messages, and other communications with you for training, quality-assurance, recordkeeping, compliance, and dispute-resolution purposes.
You agree to provide accurate, current contact information and to notify us promptly if your telephone number or email address changes or is reassigned. You agree that, until you notify us of a change or opt out, we may rely on the contact information you provided, and you will indemnify and hold the Released Parties harmless from any claim arising out of communications sent to a number or address you provided that later became inaccurate, was reassigned, or was ported without notice to us.
You agree that the Company may retain records of your consent, including the date, time, IP address, and method by which consent was given, and that such records may be used as evidence of your consent.
Some Course content, explanations, answers to questions, and communications may be created, generated, summarized, or assisted by artificial-intelligence tools or other automated systems. AI-generated and automated content may be incomplete, outdated, or inaccurate, may not account for your specific circumstances, and is provided "AS IS" for general educational purposes only. It is not, and must not be relied upon as, professional, safety-of-flight, medical, legal, or regulatory advice. You are responsible for independently verifying all such content against current, official FAA sources and, where appropriate, a certificated instructor or qualified professional before relying on it. The Released Parties disclaim all liability arising from your use of or reliance on any AI-generated or automated content to the fullest extent permitted by law.
The Company may, now or in the future, refer or direct you to, feature, advertise, or participate in referral, affiliate, marketing, or advertising arrangements with third parties, including flight schools, flight-training providers, certificated flight instructors, aviation businesses, product vendors, and advertisers ("Third Parties"). The Company may receive compensation, referral fees, or other consideration in connection with such arrangements, and may display third-party advertising within the Course or related communications.
The Company does not provide flight instruction and is not responsible for, and makes no representation or warranty regarding, any Third Party or any product, service, training, instruction, advice, aircraft, facility, or content provided by any Third Party. Any interaction, transaction, training, or relationship you enter into with a Third Party is solely between you and that Third Party. The Released Parties are not a party to, and assume no liability arising out of, any such interaction or the acts or omissions of any Third Party, including any personal injury, death, property damage, or other loss. You should independently verify the credentials, certifications, insurance, and suitability of any Third Party before engaging with them.
Links, referrals, and advertisements are provided for convenience only and do not constitute an endorsement, guarantee, or recommendation by the Company. Third-party websites and services are governed by their own terms and privacy policies, which are outside the Company's control.
You understand and acknowledge that aviation activities are inherently dangerous and involve risk of serious injury, death, and property damage, and that any decision to pursue flight training, operate or ride in an aircraft, or otherwise engage in aviation activities is made entirely at your own risk and independent judgment. While the Course itself is an educational program and does not involve flight activity, you expressly assume all risks associated with your own aviation-related decisions and activities and with your use of, or reliance on, any information obtained through the Course, the Services, any AI-generated content, or any Third Party. You agree that the Released Parties are not responsible for any such risks or their consequences.
To the fullest extent permitted by applicable law, you, on behalf of yourself and your heirs, executors, administrators, personal representatives, successors, and assigns, hereby RELEASE, WAIVE, DISCHARGE, AND COVENANT NOT TO SUE the Released Parties from and against any and all claims, demands, causes of action, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) of any kind, whether known or unknown, arising out of or related to: (a) your registration for, access to, or use of the Course, Services, materials, or communications; (b) any information, content, answer, or AI-generated or automated output provided through the Course or Services, or your reliance on any of the foregoing; (c) any act, omission, product, service, training, or advice of any Third Party; and (d) any aviation-related decision or activity you undertake, including any flight training, examination, checkride, or aircraft operation.
This release applies to claims based on negligence, breach of contract, breach of warranty, strict liability, or any other legal theory, to the maximum extent permitted by law. This release does not apply to liability that cannot be waived or released as a matter of applicable law, including, where applicable, liability for gross negligence, willful misconduct, or fraud where such liability may not lawfully be released.
You agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, demands, actions, proceedings, liabilities, damages, losses, judgments, settlements, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or related to: (a) your access to or use of the Course, Services, or communications; (b) your violation of these Terms or of any applicable law or regulation; (c) your violation of any rights of any third party; (d) any information or content you submit or provide; (e) your aviation-related decisions or activities; and (f) any communications sent to a telephone number or email address you provided that later became inaccurate or was reassigned without notice to us. The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with the Company in asserting any available defenses.
THE COURSE, SERVICES, MATERIALS, AND ALL COMMUNICATIONS AND CONTENT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.
To the fullest extent permitted by law, the Released Parties disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, accuracy, and non-infringement. The Company does not warrant that the Course or Services will be uninterrupted, error-free, secure, current, or accurate, or that any content will meet your requirements or produce any particular result, including passing any examination or obtaining any certificate or rating. The foregoing disclaimers do not limit or waive the limited, conditional money-back guarantee expressly provided in Section 14, which, where its stated conditions are met in full, is your sole and exclusive remedy with respect to your results on the FAA written knowledge examination.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE RELEASED PARTIES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, OR FOR ANY PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE, ARISING OUT OF OR RELATED TO THE COURSE, SERVICES, COMMUNICATIONS, OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES ARISING OUT OF OR RELATED TO THE COURSE, SERVICES, COMMUNICATIONS, OR THESE TERMS WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID TO THE COMPANY FOR THE COURSE IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (b) ONE HUNDRED U.S. DOLLARS ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you; in such case, liability is limited to the maximum extent permitted by law.
All content, materials, videos, text, graphics, question banks, logos, trademarks, and other intellectual property comprising the Course and Services are owned by or licensed to the Company and are protected by copyright, trademark, and other laws. Subject to your compliance with these Terms, the Company grants you a limited, personal, non-exclusive, non-transferable, revocable license to access and use the Course for your own individual, non-commercial educational purposes. You may not copy, reproduce, distribute, publish, display, sell, resell, sublicense, share your account or access credentials, record, screen-capture, create derivative works from, or otherwise exploit any part of the Course or Services without the Company's prior written consent. All rights not expressly granted are reserved.
Fees for the Course are as stated at the time of purchase and are due in full at the time of registration unless otherwise agreed in writing. You are responsible for all applicable taxes. The Company may change its prices and offerings at any time, but such changes will not affect Courses you have already purchased.
The Private Pilot Ground School course and any other ground school course offered by the Company are digital products delivered online and made available immediately upon purchase.
Because Course content is delivered digitally and is accessible immediately, ground school course purchases are non-refundable and non-exchangeable except as expressly provided under the Written Exam Pass Guarantee in Section 14.3.
The Company offers a conditional money-back guarantee on ground school course purchases. A purchaser is eligible for a full refund of the Course purchase price if, and only if, all of the following conditions are met in full:
This conditional money-back guarantee is the Company's only guarantee concerning examination outcomes and, where all of its conditions are met in full, is the purchaser's sole and exclusive remedy in connection with a failure to pass the FAA written knowledge examination. Except for this guarantee, the disclaimers and limitations elsewhere in these Terms — including Sections 3, 11, and 12 — apply in full, and nothing in this Section 14 is a guarantee or warranty that any purchaser will pass any examination or obtain any certificate or rating.
The guarantee covers a refund of the ground school course purchase price only. It does not cover FAA written knowledge examination fees, testing center fees, flight training costs, materials purchased from third parties, travel, or any other expense.
To claim under Section 14.3, the purchaser must submit a claim by email to the Company within thirty (30) days of the second unsuccessful examination attempt, and must include documentary proof of both unsuccessful FAA written knowledge examination results (an Airman Knowledge Test Report for each attempt). Practice examination scores and completion records will be verified against the Company's course platform records, which are determinative.
The guarantee is void where Course completion or practice examination records cannot be verified, where account sharing or misuse of Course materials has occurred, where the stated time limits have not been met, or where the claim is submitted outside the window in Section 14.5.
Your use of the Course and Services, and our collection and use of your information (including your consent to communications), are also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review the Privacy Policy to understand our practices.
PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.
Before initiating any formal proceeding, you agree to first contact the Company at Cory@Flying411.com and provide a written description of the dispute so the parties may attempt to resolve it informally in good faith for at least thirty (30) days.
Except as otherwise provided below, any dispute, claim, or controversy arising out of or relating to the Course, the Services, the communications, or these Terms, or the breach, termination, enforcement, interpretation, or validity thereof, will be resolved by final and binding individual arbitration administered by a nationally recognized arbitration provider (such as the American Arbitration Association) under its applicable consumer arbitration rules. The arbitration will be governed by the Federal Arbitration Act. The arbitration will take place in, or be administered from, the State of Florida, or, at your election, may be conducted by telephone, video, or on the basis of written submissions where permitted by the applicable rules. The arbitrator's award may be entered in any court of competent jurisdiction.
TO THE FULLEST EXTENT PERMITTED BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. YOU AND THE COMPANY EACH WAIVE ANY RIGHT TO A JURY TRIAL AND ANY RIGHT TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.
Either party may bring an individual claim in small-claims court, and the Company may seek injunctive or equitable relief in court to protect its intellectual property or confidential information. If any portion of this Section 16 is found unenforceable, the remainder will continue to apply, except that if the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will be severed and proceed in court. You may opt out of this arbitration provision by sending written notice to Cory@Flying411.com within thirty (30) days of first accepting these Terms, stating your name and intent to opt out of arbitration.
These Terms and any dispute arising out of or related to them or the Course or Services are governed by the laws of the State of Florida, without regard to its conflict-of-laws principles. Subject to the arbitration provision in Section 16, you agree that any permitted judicial proceeding will be brought exclusively in the state or federal courts located in Florida, and you consent to the personal jurisdiction of, and venue in, those courts and waive any objection based on inconvenient forum.
You consent to conduct this transaction electronically and agree that your electronic acceptance of these Terms (including by checking a box, clicking a button, providing your information, or otherwise indicating assent) constitutes your electronic signature and has the same legal force and effect as a handwritten signature, consistent with the federal E-SIGN Act and applicable Florida law. You agree that the Company may provide these Terms, the Privacy Policy, notices, disclosures, and other communications to you electronically.
The Company may modify these Terms at any time by posting the revised Terms and updating the "Last Updated" date, and, where required by law, by providing additional notice. Changes are effective when posted (or on the date stated). Your continued registration for, access to, or use of the Course or Services after changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you must stop using the Course and Services.
CB Aircraft Services (d/b/a Flying411)
Email: Cory@Flying411.com
Phone / Text: +1 (904) 994-6224
Website: Flying411.com
This Section 22 is the Company's Returns, Exchanges & Warranty Policy and forms part of these Terms. It applies to your purchase of the Course and, in addition, to any purchase you make through the Flying411 marketplace or website — including aircraft, aircraft engines, and aircraft parts and components — whether you make that purchase now or at any time in the future. By accepting these Terms, you acknowledge and agree to this Policy as to any and all such purchases, and you will not be asked to re-accept it at the time of a later purchase. This Policy sets the minimum standards that all vendors and sellers on the platform must honor; vendors may offer more generous terms, but not less generous.
Flying411 operates an online marketplace that connects buyers with independent third-party vendors and private sellers of aircraft, aircraft engines, and aircraft parts and components. Except where expressly stated in Section 22.2 (and Section 14) below, Flying411 is not the seller of items listed on the platform. We do not own, hold, inspect, or take possession of listed items. Each item is sold directly by the vendor or private seller identified on the listing, and that vendor or seller is the party responsible for the item's description, condition, documentation, packaging, shipment, warranty, and for honoring the return and exchange terms set out in this Policy. The single exception is our ground school courses, which are sold directly by Flying411 and are governed by Section 14 and Section 22.2.
Ground school courses offered by the Company are digital products delivered online and made available immediately upon purchase. Refunds for ground school course purchases — including the conditional Written Exam Pass Guarantee — are governed in full by Section 14 (Fees, Payment, and Refunds) of these Terms. Except as provided in Section 14, ground school course purchases are non-refundable and non-exchangeable.
Right to Inspect. Buyers have forty-eight (48) hours from the time of delivery of the item to inspect it and to submit a claim. A claim may be submitted where the item, on inspection, is: not as described in the listing; the incorrect item or part number; damaged, whether in transit or otherwise; missing components, accessories, or documentation described in the listing; or otherwise materially different from the listing. Claims must be submitted through the Flying411 platform or by email within the forty-eight (48) hour inspection window, and must include photographs and a description of the issue. Items must be retained in the condition in which they were received, including original packaging, pending resolution of the claim.
Effect of the Inspection Window. Where no claim is submitted within the forty-eight (48) hour inspection window, the item is deemed accepted, and no return will be available under this Section. Rights under an applicable warranty, where one is offered, are unaffected.
Warranty. Warranty coverage on parts and components is set by the vendor on a per-listing basis. Where a warranty period is specified on a listing — for example thirty (30), sixty (60), or ninety (90) days, six (6) months, or twelve (12) months — the vendor warrants for that period, running from the date of delivery, that the item is free from defects in materials and workmanship and will function as described in the listing when properly installed and used in accordance with applicable manufacturer instructions and FAA regulations. Where no warranty period is specified on a listing, the item is sold "as is" with no warranty. Warranty coverage does not extend to normal wear, improper installation, misuse, accident, unauthorized modification or repair, operation outside of manufacturer or regulatory limits, or damage arising after delivery from causes external to the item.
Exchanges. No exchanges are offered on parts and components unless expressly stated on the listing by the vendor.
Return Shipping and Refunds. Where a claim under this Section, or a warranty claim, is accepted, the vendor is responsible for providing return instructions. Where the claim arises from vendor error, misdescription, or a defect, return shipping is at the vendor's cost. Refunds are issued to the original payment method once the returned item is received and verified, typically within five (5) to ten (10) business days.
Right to Inspect. Buyers have forty-eight (48) hours from the time of delivery to inspect the engine and submit a claim. A claim may be submitted where the engine, on inspection, is not as described, is the incorrect item, is damaged, is missing logbooks, tags, or documentation described in the listing, or is otherwise materially different from the listing. Claims must be submitted through the Flying411 platform or by email within the forty-eight (48) hour inspection window with supporting photographs and a description of the issue. The engine must be retained as received, and must not be installed, disassembled, or altered, pending resolution of the claim.
Effect of the Inspection Window. Where no claim is submitted within the forty-eight (48) hour inspection window, the engine is deemed accepted and no return will be available.
Warranty. Aircraft engines are sold "as is" with no warranty, unless a warranty is expressly specified by the vendor on the listing. Where a vendor does specify warranty terms on a listing, those terms govern and are the obligation of the vendor.
Exchanges. No exchanges are offered on aircraft engines unless expressly stated on the listing by the vendor.
Nature of These Transactions. Complete aircraft listed on Flying411 are listed and sold by independent private sellers, brokers, or dealers. Flying411 is solely the listing platform. We are not a party to the sale, we do not take possession of the aircraft, and we do not verify airworthiness, maintenance records, logbooks, damage history, or title.
No Warranty. Aircraft are sold "as is, where is" with no warranty of any kind from Flying411. Any warranty, guarantee, or representation is that of the seller alone, and applies only where expressly stated by the seller in the listing notes or in a separate written purchase agreement between buyer and seller.
Returns and Exchanges. The forty-eight (48) hour inspection window described in Sections 22.3 and 22.4 does not apply to aircraft. Aircraft sales are not subject to return or exchange through Flying411. Terms of sale, including any pre-purchase inspection period, escrow arrangements, contingencies, deposit terms, and title transfer, are agreed directly between buyer and seller.
Buyer Diligence. Buyers are strongly encouraged to obtain an independent pre-purchase inspection by a qualified A&P mechanic, a title and lien search, and a review of all maintenance records and airworthiness directives prior to completing a purchase.
Unless the item is not as described, damaged, or incorrect, the following are not returnable: items custom-ordered, custom-manufactured, or modified to buyer specification; items that have been installed, used, or altered after delivery; items with removed, defaced, or altered serialization, tags, or certification markings; hazardous materials including batteries, pyrotechnics, and chemicals where return shipment is restricted by law; and digital or downloadable products, except as provided in Section 14 and Section 22.2.
Where a buyer and vendor cannot resolve a claim, Flying411 will assist in mediating the dispute in good faith, and may, at our discretion, take action under our Vendor Agreement, including withholding vendor payouts pending resolution. Flying411's role is facilitative and does not make us a party to the underlying sale. This Section 22.7 does not limit the dispute-resolution and arbitration provisions in Section 16, which continue to govern disputes between you and the Company.
Claims and questions under this Policy should be directed to Flying411 by email at Cory@Flying411.com or the address published on our Contact page. Please include your order number, the listing details, and any supporting photographs or documentation.
We may update this Policy from time to time. The version in effect at the time of your purchase governs that purchase. The "Last Updated" date at the top of these Terms reflects the most recent revision.