LAST UPDATED: OCTOBER 13, 2022

 ACCESSIBILITY -- IF YOU ARE HAVING ANY TROUBLE ACCESSING THIS TERMS OF USE AGREEMENT OR THE FIREFLY WEBSITE, PLEASE CONTACT FIREFLY AEROSPACE AT 1-512-277-6959

Welcome to the Firefly Store website, (the "Store"). The Store is provided as a service to our fans and customers. Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Store (the "Store Terms") and are in addition to our Website Terms of Use, which are incorporated by reference.

YOUR USE OF THE STORE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE STORE TERMS. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THE STORE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE STORE TERMS WHENEVER YOU USE THE STORE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE STORE.

i.       STORE TRANSACTIONS

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. For each transaction, we will charge your form of payment upon submission of your order. If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation.

We may limit, suspend, or terminate your access to the Store or Website, at any time, with or without notice, and with or without cause. We also may refer any information on alleged or actual illegal activities, including your identity, to the proper authorities.

ii.      RIGHT TO CHANGE STORE

We reserve the right, at any time in our sole discretion, to: modify, suspend or discontinue the Store or any service, content, feature or product offered through the Store, with or without notice; charge fees in connection with the use of the Store; modify and/or waive any fees charged in connection with the Store; and/or offer opportunities to some or all users of the Store. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Store, or any service, content, feature or product offered through the Store.

iii.     STORE CONTENTS

Unless otherwise noted, the Store, and all features and materials on the Store, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by Firefly Aerospace, Inc. (“Firefly”) and other trademarks appearing on the Store are the trademarks of Firefly and/or its subsidiaries.  We reserve all rights not expressly granted in and to the Website's content and services.

iv.     USER-GENERATED CONTENT

Firefly is pleased to hear from users and welcomes your comments regarding our products and services. Firefly's company policy does not allow us to accept or to consider creative ideas, suggestions, proposals, plans, or other materials other than those we have specifically requested. We hope that you will understand that the intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Firefly's employees and agents might seem to be similar to creative works submitted by users. Accordingly, while we value your feedback, we must ask that you do not send creative ideas, suggestions, proposals, plans, or other materials for our business. If you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Firefly may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to Firefly. Firefly is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. Firefly has the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Store. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead Firefly or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Firefly takes no responsibility and assumes no liability for any Comments posted by your or any third party.

v.      PERSONAL INFORMATION SUBMITTED THROUGH THE STORE

Your submission of personal information through the Store is governed by our privacy policy, which can be reached by clicking on the "Privacy Policy" link located in the footer section of the Store (the "Privacy Policy"). The Store Terms incorporate by reference the terms and conditions of the Privacy Policy.

vi.     PRODUCTS, CONTENT & SPECIFICATIONS

The inclusion of any products or services in the Store does not imply or warrant that these products or services will be available at any particular time or that the displayed attributes are accurate or complete. The actual color of products you see will depend in part on your computer system, and we cannot guarantee any color, texture or detail of actual products will be accurate. Further, we do not endorse, and have not verified, the accuracy or reliability of any opinion or statement made on the Website by any third party, including but not limited to, customers, manufacturers, distributors or suppliers of products and services sold through the Store.

Occasionally there may be information on our Store that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Store is inaccurate at any time without prior notice (including after you have submitted your order and whether or not the order has been confirmed and/or your credit card or other payment method has been charged). If your credit card has already been charged for the purchase and your order is cancelled, we will refund any such charges within a commercially reasonable period of time after cancellation.

In addition, we may make changes to information about price, availability or other product attributes without notice. We reserve the right, without prior notice, to limit the order quantity on any product or service, to refuse service to any customer, or to cancel any order, including after it is submitted. We also may require additional verifications or other information prior to the acceptance and/or shipment of any order. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell.

With respect to the shipment of products and services sold through the Store, risk of loss and title for items purchased from the Store pass to you upon delivery of the items to the carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

It also is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including minimum age requirements) in regard to the possession, use and sale of any item purchased from the Store. By placing an order, you represent that the products ordered are legal to possess and use where you intend to possess and use them and will be possessed or used only in a lawful manner, in accordance with all applicable laws, rules and regulations, including copyright law.

vii.   DISCLAIMER OF WARRANTIES.

YOUR USE OF THE STORE AND WEBSITE ARE AT YOUR SOLE RISK. YOU ARE RESPONSIBLE FOR COMPLYING WITH THE STORE TERMS AND ALL APPLICABLE LAWS WITH RESPECT TO THE USE OF THE STORE AND WEBSITE. EXCEPT AS OTHERWISE EXPRESSLY PROVIDED, THE STORE AND WEBSITE ARE MADE AVAILABLE TO YOU "AS IS" WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY KIND. WE DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE OF THE PROPERTIES, THEIR CONTENTS AND THE PRODUCTS OR SERVICES LISTED OR PURCHASED THROUGH THE PROPERTIES. This disclaimer constitutes an essential part of these terms.

viii.  INDEMNIFICATION

You agree to defend, indemnify and hold Firefly harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, due to your use of the Store and/or your breach of any representation, warranty, or other provision of the Store Terms.

ix.     LIMITATION ON LIABILITY.

(A) IN NO EVENT SHALL FIREFLY BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF GOODWILL, LOSS OF REPUTATION, COST OF COVER DAMAGES OR INTANGIBLE LOSSES OF ANY KIND, AND (B) THE MAXIMUM LIABILITY OF FIREFLY AND ITS AFFILIATES FOR ANY CLAIM, IN EACH CASE, ARISING OUT OF, RELATED TO OR IN CONNECTION WITH THE STORE TERMS, YOUR USE OF THE STORE OR WEBSITE, YOUR INABILITY TO USE THE STORE OR WEBSITE, OR THE PRODUCTS OR SERVICES AVAILABLE THROUGH THE STORE OR WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

x.      DISPUTE RESOLUTION; ARBITRATION  (this paragraph 10, the “ARBITRATION AGREEMENT”)

               B.          Informal Dispute Resolution

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Firefly agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Store, or the breach, enforcement, interpretation, or validity of the Store Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent:

i.       To Firefly at 1320 Arrow Point Drive #109, Cedar Park, Texas 78613, Attn: General Counsel, or

ii.      To you at your last-used billing address or the billing address in your online profile.

Both you and Firefly agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

                C.          Arbitration Agreement

To the extent we cannot resolve a Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THE STORE TERMS AND WITH RESPECT TO ANY DISPUTE. You and Firefly expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

You may begin an arbitration proceeding by sending a letter requesting arbitration to:

Firefly Aerospace Inc.
Attn:  General Counsel
1320 Arrow Point Drive #109
Cedar Park, Texas 78613

You agree that the arbitration shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by this Arbitration Agreement. The AAA Rules are available on the AAA’s website www.adr.org.

In lieu of arbitration, either you or Firefly may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim.

               D.          Waiver of Right to Bring Class Actions and Representative Claims.

All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the Dispute with the same remedies available in court; however, any relief must be individualized to you and shall not affect any other customer. You and Firefly agree that each may bring claims against the other in arbitration only in your or their respective individual capacities and in so doing you and Firefly hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration (either as a named-plaintiff or class member), and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations as to a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any other arbitration.

                E.          Other Terms.

This Arbitration Agreement shall be governed by, and interpreted, construed, and enforced in accordance with, the Federal Arbitration Act. The terms of the Arbitration Agreement provisions shall survive after the Store Terms terminate or your use of the Store ends. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.

i.       TERM.

These Store Terms shall remain in full force and effect while you use or access the Store or have an account with the Store. See our Privacy Policy for instructions on how to modify or delete your account. Paragraphs 2 through 12 hereof shall survive any termination of these Store Terms.

ii.      GENERAL

The Store Terms shall be governed by the laws of the State of Texas without regard to choice of law principles, except for the Arbitration Agreement above, which shall be governed by the Federal Arbitration Act. The waiver of any provision of the Store Terms shall not be considered a waiver of any other provision or of Firefly's right to require strict observance of each of the terms herein. If any provision of the Store Terms is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. The Store Terms constitute the entire agreement between us relating to your use of the Store.