TERMS AND CONDITIONSEffective as of Thursday, January 19, 2017
AGREEMENT BETWEEN THE USER AND PILOTNICK.COM
Welcome to PILOTNICK.COM. The PILOTNICK.COM website (the “Site”) is comprised of various web pages operated by PILOTNICK, LLC. (“PILOTNICK™”). PILOTNICK.COM is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of PILOTNICK.COM constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. PILOTNICK™ is an Aviation Education Website which offers content (for purchase) for FAA Flight Instructor Certification. The website offers Textbooks, Online Courseware, Flight Maneuver Guides, and more.
Visiting PILOTNICK.COM, sending emails, or submitting support tickets to PILOTNICK™ constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
ACCEPTED PAYMENT METHODS
PILOTNICK™ will only accept a credit card and/or debit card as an acceptable method of payment for products and/or services sold on our website. We reserve the right to refuse any payment, at any time, for any reason. Moreover, we do not accept cash, money orders, or personal checks of any kind, due to the risk associated with such methods.
YOUR CUSTOMER ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PILOTNICK™ is not responsible for third party access to your account that results from theft or misappropriation of your account. PILOTNICK™ and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Furthermore, you agree to remain respectful and professional at all times while interacting with personnel associated with PILOTNICK™, which includes, but is not limited to, the interactions with persons over the telephone, and other electronic means like Chat, Email, and Support Tickets. If at any time a customer becomes abusive and/or demonstrates crude behavior towards a representative of PILOTNICK™. We reserve the right to terminate your customer account, block you from our website, and cease all dealings with such persons. PILOTNICK™ does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use PILOTNICK.COM only with permission of a parent or guardian.
CONTENT REPRODUCED FROM WITHIN PUBLIC DOMAIN
The Complete CFI Binder Series, Online Courseware, Maneuver Reference Guide, and other products which are sold by PILOTNICK™ are comprised of data which has been derived from various FAA Publications. FAA Publications are governed under Public Domain. Said data derived from FAA sources are free from all copyright protection, and therefore enables PILOTNICK™ to reproduce said content within our educational products. This includes, but is not limited to: graphics, and text. Each lesson plan within our works cite where the source material within the content was derived from. We believe that proper education begins with using proper source material, which is why we have utilized many FAA resources to help build our educational content.
We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Service infringes the copyright or other intellectual property infringement (“Infringement”) of any person. Select graphics, which have been reproduced within The Complete CFI Binder, and/or our Online Courseware have been reproduced with permission from the original copyright holder(s). If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, you must submit your notice in writing to the attention of “Copyright Infringement” mailed to the address listed below. You must include in your notice a detailed description of the alleged Infringement, along with supporting evidence. You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any content has infringed your copyright. Please promptly mail all copyright inquiries to our corporate headquarters address below:
ATTN: Copyright Infringement
600 17th Street, Suite 2800 South
Denver, Colorado 80202-5428
E-BOOK PURCHASE: The e-books which are sold by PILOTNICK™ are the Intellectual Property (IP) of PILOTNICK, LLC. Because said products are delivered to you in electronic format, once downloaded, cannot be returned to us. We do not offer refunds of any kind on e-book purchases. The moment that you initiate the download process on our server, you are taking Final Delivery of the product. We do not offer refunds on downloadable electronic content because we have no way to monitor who is using our Intellectual Property after it is downloaded from our server. Therefore, all sales on e-book products are final, and no refunds of any kind, under any circumstances, will be provided.
COURSEWARE PURCHASE: PILOTNICK™ guarantees customer satisfaction with our Online Courseware. We offer a 14-Day Money-Back Guarantee on Non-Bundled À La Carte Courseware sold on our website. The 14-Day Money-Back Guarantee is only offered on À La Carte Courseware. We do NOT offer a Money-Back Guarantee on Bundled Courseware. Bundled Courseware is Courseware that is part of a Ground Training Program. It’s easy to distinguish between À La Carte Courseware and Bundled Courseware. À La Carte Courseware is priced under $75 USD, and covers one single topic. Bundled Courseware will be priced above $75 USD, and will cover many different topics.
TAKING DELIVERY OF PRODUCTS
After payment approval, you will be re-directed to your “Customer Account.” You will find all download links located under the “Downloads Tab” on said page of our website. Clicking or tapping on said download links will initiate the product download connection between our server and your device. UPON DOWNLOADING YOUR PURCHASE, YOU ARE TAKING FINAL DELIVERY OF THE MERCHANDISE. PRODUCT SUPPORT PROVIDED BY PILOTNICK™ WILL TERMINATE IMMEDIATELY AFTER THE SUCCESSFUL DOWNLOAD OF SAID PRODUCT ON YOUR DEVICE. WE DO NOT PROVIDE ANY SUPPORT PAST THIS POINT, OUR CUSTOMER IS RESPONSIBLE FOR ENSURING THAT OUR PRODUCTS CAN BE INSTALLED ON THEIR DEVICES, CAN BE SUCCESSFULLY PRINTED ON THEIR PRINTING EQUIPMENT, AND CAN BE OPENED BY THEIR DEVICE.
LIMITATIONS ON PRODUCT DOWNLOAD
You are permitted to download your content up to five (5) times, after exceeding said limit, you will no longer be authorized to download additional copies of the product. If you require additional downloads, please contact us, and special provisions will be made to authorize your account for additional downloads. EACH TIME A PRODUCT UPDATE IS RELEASED, YOUR DOWNLOAD LIMIT IS RESET TO ZERO AND YOU ARE AUTOMATICALLY GRANTED AN ADDITIONAL FIVE (5) DOWNLOADS TO OBTAIN THE UPDATE. PILOTNICK™ will work with you in the event of a technical problem, which may have prevented you from downloading your content. Downloads are intentionally limited to prevent abuse of, and to maintain the integrity and security of our products.
THE COMPLETE CFI BINDER SERIES USER LICENSE
Each copy of The Complete CFI Binder Series requires a user license. The Complete CFI Binder Series remains the property of PILOTNICK™. YOU DO NOT OWN THE COPY OF THE COMPLETE CFI BINDER SERIES THAT YOU HAVE DOWNLOADED FROM OUR WEBSITE. You have simply paid for a user license which is valid for a one-year period. Said user license is granted to one person (the name of the customer who’s account the product was downloaded from). This license data will be imprinted at the bottom of all pages within The Complete CFI Binder Series, at the time of download. YOU DO NOT PHYSICALLY OWN THE COPY OF THE COMPLETE CFI BINDER SERIES THAT YOU HAVE DOWNLOADED FROM PILOTNICK, LLC. YOU ARE SIMPLY BEING GRANTED “PERMISSION” AND THE “RIGHT” TO USE SAID PRODUCT. CUSTOMERS WHO CANCEL THEIR PREMIUM UPDATE SUBSCRIPTION (AFTER THE FIRST-YEAR PERIOD) WILL LOSE ACCESS TO PUBLICATION UPDATES, PRODUCT DOWNLOAD PERMISSIONS, AND THE ABILITY TO USE THE DOWNLOADED COPY OF THE COMPLETE CFI BINDER SERIES.
PREMIUM UPDATE SUBSCRIPTION (THE USER LICENSE)
Enrollment in the Premium Update Subscription by PILOTNICK™ is required to possess a user license for the right to possess and use our intellectual property (THE COMPLETE CFI BINDER SERIES). All customers who initially purchase a download license for The Complete CFI Binder Series are provided with a one-year, free trial period. This one year period begins from the original date of purchase. THIS IS A PERPETUAL SUBSCRIPTION WHICH WILL CHARGE THE CREDIT CARD PROVIDED ON YOUR CUSTOMER ACCOUNT ON AN ANNUAL BASIS. BILLING WILL ONLY STOP WHEN A CANCELATION ACTION IS INITIATED BY YOU, OUR CUSTOMER.
A CANCELATION ACTION CAN BE EXECUTED BY YOU, OUR CUSTOMER, AT ANY TIME BY GOING TO YOUR CUSTOMER ACCOUNT AT: HTTPS://WWW.PILOTNICK.COM/MY-ACCOUNT/ THEN CLICKING ON THE SUBSCRIPTIONS TAB, AND SUBSEQUENTLY INITIATING CANCELLATION OF SAID SUBSCRIPTION. CUSTOMERS WHO DO NOT CANCEL THEIR SUBSCRIPTION PRIOR TO THE RENEWAL DATE (ONE YEAR FROM THE ORIGINAL DATE OF PURCHASE) WILL BE BILLED $50 FOR AN ADITIONAL YEAR TO RETAIN THEIR USER LICENSE, RECEIVE PRODUCT UPDATES, AND DOWNOAD PERMISSIONS. NO REFUNDS WILL BE PROVIDED TO CUSTOMERS WHO HAVE FAILED TO CANCEL THIS SERVICE, FOLLOWING THE 1-YEAR TRIAL PERIOD.
LINKS TO THIRD PARTY SITES/THIRD PARTY SERVICES
PILOTNICK.COM may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of PILOTNICK™ and PILOTNICK™ is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PILOTNICK™ is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PILOTNICK™ of the site or any association with its operators.
Certain services made available via PILOTNICK.COM are delivered by third party sites and organizations. By using any product, service or functionality originating from the PILOTNICK.COM domain, you hereby acknowledge and consent that PILOTNICK™ may share such information and data with any third party with whom PILOTNICK™ has a contractual relationship to provide the requested product, service or functionality on behalf of PILOTNICK.COM users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of PILOTNICK™ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. PILOTNICK™ content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PILOTNICK™ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PILOTNICK™ or our licensors except as expressly authorized by these Terms.
USE OF COMMUNICATION SERVICES
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large, with a group, or privately with PILOTNICK™ Customer Service (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
PILOTNICK™ has no obligation to monitor the Communication Services. However, PILOTNICK™ reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. PILOTNICK™ reserves the right to terminate your access to any and all Communication Services at any time without notice for any reason whatsoever
PILOTNICK™ reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in PILOTNICK’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. PILOTNICK™ does not control or endorse the content, messages or information found in any Communication Service and, therefore, PILOTNICK™ specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized PILOTNICK™ spokespersons, and their views do not necessarily reflect those of PILOTNICK™.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO PILOTNICK.COM OR POSTED ON ANY PILOTNICK™ WEB PAGE
PILOTNICK™ does not claim ownership of the materials you provide to PILOTNICK.COM (including feedback and suggestions) or post, upload, input or submit to any PILOTNICK™ Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting PILOTNICK, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission. No compensation will be paid with respect to the use of your Submission, as provided herein. PILOTNICK™ is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in PILOTNICK’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
THIRD PARTY ACCOUNTS
You will be able to connect your PILOTNICK™ account to third party accounts. By connecting your PILOTNICK™ account to your third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by PILOTNICK™ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PILOTNICK™ Content accessed through PILOTNICK.COM in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless PILOTNICK™, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PILOTNICK™ 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 PILOTNICK™ in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrators award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
CLASS ACTION WAIVER
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Employer agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PILOTNICK, LLC. AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME. YOU UNDERSTAND AND AGREE THAT THE PRODUCTS PROVIDED BY PILOTNICK™, ABSOLUTELY WILL NOT REPLACE THE PREREQUISITE AND NECESSITY FOR ACTUAL FLIGHT AND GROUND TRAINING PROVIDED BY AN APPROPRIATELY RATED FAA FLIGHT INSTRUCTOR. THE PRODUCTS PROVIDED ON OUR WEBSITE SHALL ONLY BE USED TO SUPPLEMENT FLIGHT AND GROUND EDUCATION.
PILOTNICK, LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. PILOTNICK, LLC. AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
PILOTNICK™ reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and PILOTNICK™ as a result of this agreement or use of the Site. PILOTNICK’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PILOTNICK’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by PILOTNICK™ with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PILOTNICK™ with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PILOTNICK™ with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
CHANGES TO TERMS
PILOTNICK™ reserves the right, in its sole discretion, to change the Terms under which PILOTNICK.COM is offered. The most current version of the Terms will supersede all previous versions. PILOTNICK™ encourages you to periodically review the Terms to stay informed of our updates. IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST IMMEDIATELY STOP USING OUR PRODUCTS AND OUR WEBSITE.
YOU MUST AGREE TO THESE TERMS
600 17th Street, Suite 2800 South
Denver, Colorado 80202-5428
END USER LICENSE AGREEMENT (EULA)Effective as of Thursday, January 19, 2017
END USER LICENSE AGREEMENT
Copies of The Complete CFI Binder Series (“the Subscription Product”) and accompanying documentation is licensed and not sold. This Subscription Product is protected by copyright laws and treaties, as well as laws and treaties related to other forms of intellectual property. PILOTNICK, LLC. or its subsidiaries, affiliates, and suppliers (collectively “PILOTNICK™”) own intellectual property rights in the Subscription Product. The Licensee’s (“you” or “your”) license to download, and use the Subscription Product is subject to these rights and to all the terms and conditions of this End User License Agreement (“Agreement”).
YOU ACCEPT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT BY SELECTING THE “ACCEPT” OPTION AND DOWNLOADING THE SUBSCRIPTION PRODUCT OR BY INSTALLING, PRINTING, OR USING THE SUBSCRIPTION PRODUCT IN ANY WAY WHATSOEVER. BY SUBMITTING YOUR ORDER AT PILOTNICK.COM YOU ARE REQUIRED TO REVIEW OUR LEGAL PAGE WHICH CONTAINS THIS EULA AND OTHER TERMS AND CONDITIONS. AFTER REVIEWING SAID LEGAL PAGE, YOU MUST CLICK ON A MANDATORY “AGREE” RADIO BUTTON BEFORE YOUR ORDER CAN BE PROCESSED. BY CONTINUNING TO PLACE YOUR ORDER, DOWNLOADING, USING, OR PRINTING THE SUBSCRIPTION PRODUCT, YOU ARE ACKNOWLEDGING THAT YOU HAVE READ, AND DO AGREE TO THIS END USER LICENSE AGREEMENT. IF YOU DO NOT AGREE, YOU MUST NOT COTNTINUE SUBMITTING YOUR ORDER, YOU MUST NOT INSTALL, USE, OR PRINT THE SUBSCRIPTION PRODUCT IN ANY WAY. IF YOU HAVE ALREADY DOWNLOADED THE SUBSCRIPTION PRODUCT, YOU MUST DELETE IT FROM YOUR DEVICE IMMEDIATELY. YOU ALSO UNDERSTAND THAT YOU WILL NOT BE PERMITTED A REFUND.
This Agreement entitles you to a single license, which permits you to download the Subscription Product a maximum of five (5) times. You may utilize a maximum of four (4) copies of the Subscription Product expressly on devices which you own, that remain in your possession, for personal use only. In addition, you are permitted to make one archival copy of the Subscription Product. The archival copy may only be used for disaster recovery purposes (reinstallation of the Subscription Product, following a device failure). The archival copy must be stored on a medium other than a computer hard drive. The license being granted to you is for personal use only. This license prohibits the commercial use of the Subscription Product in any way. Furthermore, you understand that you are being granted a single license for private use only. You are not permitted to share copies of the Subscription Product with anyone, except yourself, the original subscriber. For information regarding commercial licensing of the Subscription Product, please contact our corporate inquires department at our headquarters:
PILOTNICK, LLC. 600 17th Street, Suite 2800 South Denver, Colorado 80202-5428 (303) 872-0566
RESTRICTIONS ON TRANSFER
Without first obtaining the express written consent of PILOTNICK™, you may not assign your rights and obligations under this Agreement, or redistribute, encumber, modify, sell, rent, lease, sublicense, or otherwise transfer your rights to the Subscription Product.
RESTRICTIONS ON USE
You are restricted to downloading the Subscription Product a maximum of five (5) times after initial purchase. Each time the Subscription Product is updated, you are granted an additional five (5) downloads. You are permitted to download the Subscription Product a maximum of five (5) times per quarter, following a subsequent Subscription Product Update. You may install and use (single user) a maximum of four (4) copies of the Subscription Product expressly on devices which are owned by you, and that remain in your possession, for your own personal use. The license being granted to you is for your personal use only. You are not permitted to share copies of the Subscription Product with anyone, except yourself, the original subscriber. This license prohibits the commercial use of the Subscription Product in any way. You may not copy, or modify the Subscription Product in any way (with the exception to annotating the e-book for personal study). You may not use, copy, or install the Subscription Product on more than four (4) devices which are personally owned by you, and are personally used by you. Nor are you permitted to copy, transfer, or install the Subscription Product on a device which is not owned by you. Furthermore, you are absolutely prohibited from permitting persons other than yourself from using, downloading, accessing, or printing a copy of said Subscription Product. You will not share the Subscription Product with anyone other than the original license-holder (the original license-holder is you, our customer). If you hold multiple, validly licensed copies, you may not use, copy, or install the Subscription Product on any system with more than the number of devices permitted by license, or permit the use, copying, or installation by more users, or on more devices than the number permitted by license. You may not decompile, “reverse-engineer”, disassemble, copy, destroy, deface, or otherwise attempt to modify the content for the Subscription Product.
RESTRICTIONS ON ALTERATION
You may not modify the Subscription Product or create any derivative work of the Subscription Product or its accompanying documentation. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Subscription Product.
RESTRICTIONS ON COPYING
You may not copy any part of the Subscription Product except to the extent that licensed use inherently demands the creation of a temporary copy stored in computer memory and not permanently affixed on storage medium. You may make one archival copy which must be stored on a medium other than a computer hard drive.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
UNLESS OTHERWISE EXPLICITLY AGREED TO IN WRITING BY PILOTNICK™, PILOTNICK™ MAKES NO OTHER WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OTHER THAN AS SET FORTH IN THIS AGREEMENT OR IN THE LIMITED WARRANTY DOCUMENTS PROVIDED WITH THE SUBSCRIPTION PRODUCT.
PILOTNICK™ makes no warranty that the Subscription Product will meet your requirements or operate under your specific conditions of use. PILOTNICK™ makes no warranty that operation of the Subscription Product will be secure, error free, or free from interruption. YOU MUST DETERMINE WHETHER THE SUBSCRIPTION PRODUCT SUFFICIENTLY MEETS YOUR REQUIREMENTS FOR SECURITY AND UNINTERRUPTABILITY. YOU BEAR SOLE RESPONSIBILITY AND ALL LIABILITY FOR ANY LOSS INCURRED DUE TO FAILURE OF THE SUBSCRIPTION PRODUCT TO MEET YOUR REQUIREMENTS. PILOTNICK™ WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR THE LOSS OF DATA ON ANY COMPUTER OR INFORMATION STORAGE DEVICE.
UNDER NO CIRCUMSTANCES SHALL PILOTNICK™, ITS DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE LIABLE TO YOU OR ANY OTHER PARTY FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS OR LOSS OF BUSINESS) RESULTING FROM THIS AGREEMENT, OR FROM THE FURNISHING, PERFORMANCE, INSTALLATION, OR USE OF THE SUBSCRIPTION PRODUCT, WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, OR THE NEGLIGENCE OF PILOTNICK™ OR ANY OTHER PARTY, EVEN IF PILOTNICK™ IS ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT THE APPLICABLE JURISDICTION LIMITS PILOTNICK’S ABILITY TO DISCLAIM ANY IMPLIED WARRANTIES, THIS DISCLAIMER SHALL BE EFFECTIVE TO THE MAXIMUM EXTENT PERMITTED.
LIMITATION OF REMEDIES AND DAMAGES
Your remedy for a breach of this Agreement or of any warranty included in this Agreement is a corrected copy of the Subscription Product. You understand that corrections of the Subscription Product occur on a quarterly basis, and that content modification within the Subscription Product are at the sole discretion of PILOTNICK™.
If PILOTNICK™ finds that your demands for content modifications are too far-reaching and PILOTNICK™ is unable to meet these demands, your sole alternate remedy shall be to cancel your Subscription Product via your customer account located at: https://www.pilotnick.com/my-account/. You will not be entitled to any refund whatsoever. Any claim must be made within the applicable warranty period. All warranties cover only defects arising under normal use and do not include malfunctions or failure resulting from misuse, abuse, neglect, alteration, problems with electrical power, acts of nature, unusual temperatures or humidity, improper installation, or damage determined by PILOTNICK™ to have been caused by you. All limited warranties on the Subscription Product are granted only to you and are non-transferable. You agree to indemnify and hold PILOTNICK™ harmless from all claims, judgments, liabilities, expenses, or costs arising from your breach of this Agreement and/or acts or omissions.
GOVERNING LAW, JURISDICTION AND COSTS
This Agreement is governed by the laws of Colorado, without regard to Colorado’s conflict or choice of law provisions.
If any provision of this Agreement shall be held to be invalid or unenforceable, the remainder of this Agreement shall remain in full force and effect. To the extent any express or implied restrictions are not permitted by applicable laws, these express or implied restrictions shall remain in force and effect to the maximum extent permitted by such applicable laws.
AUTOMATIC SUBSCRIPTION ENROLLMENT
You are automatically enrolled in a program called a “Premium Update Subscription.” This is your license subscription. At the time of purchase, you are initially purchasing the right to utilize said license for a period of one-year. After the one year period lapses, you will be automatically billed for an additional year. This will continue until you cancel your subscription, subsequently forfeiting your license for continued product use.
YOU ARE PERMITTED TO CANCEL YOUR SUBSCRIPTION PRODUCT AT ANY TIME IN YOUR CUSTOMER ACCOUNT, LOCATED AT: HTTPS://WWW.PILOTNICK.COM/MY-ACCOUNT/. ONCE YOUR LICENSE IS CANCELED, YOUR SUBSCRIPTION WILL ENTER A “PENDING CANCELATION” STATUS; PERMITTING YOU TO DOWNLOAD PRODUCT UPDATES UNTIL YOUR SUBSCRIPTION FULLY EXPIRES ON THE DAY WHICH OCCURS EXACTLY ONE-YEAR FROM THE INITIAL DATE OF PURCHASE. AT THIS TIME, BILLING WILL STOP, AND YOU HAVE FORFEITED YOUR RIGHT TO CONTINUE TO USE THE SUBSCRIPTION PRODUCT. ONCE YOUR LICENSE IS CANCELED, YOU NO LONGER HAVE ANY RIGHTS WHATSOEVER TO INSTALL, USE, RETAIN, OR VIEW THE SUBSCRIPTION PRODUCT. AT SAID TIME, ALL COPIES OF THE SUBSCRIPTION PRODUCT MUST BE DELETED FROM ALL DEVICES IN WHICH THEY WERE INSTALLED, INCLUDING ON THE STORAGE MEDIUM FOR ARCHIVAL PURPOSES.
YOU MUST UNDERSTAND, ONCE A SUBSCRIPTION (LICENSE) IS CANCELLED. IT CANNOT BE REINSTATED. NOT BY THE CUSTOMER AND NOT BY THE MANAGEMENT OF PILOTNICK™. A SUBSCRIPTION CANCELLATION IS AN IRREVERSIBLE ACTION. THE ONLY WAY TO OBTAIN A NEW SUBSCRIPTION (AND SUBSEQUENT USER LICENSE) IS TO RE-PURCHASE A NEW COPY OF THE SUBSCRIPTION PRODUCT, AT FULL PRICE. NO DISCOUNTS WLL BE GIVEN UNDER ANY CIRCUMSTANCES. BEFORE YOU CANCEL YOUR LICENSE SUBSCRIPTION, BE SURE THAT YOU UNDERSTAND THE IRREVERSIBLE CONSEQUENCES.
OUR COMMITMENT TO YOUR PRIVACY
COLLECTION OF YOUR PERSONAL INFORMATION
PILOTNICK™ may collect personally identifiable information, such as your name. If you purchase PILOTNICK™ products and/or services, we collect billing and credit card information. This information is used to complete the purchase transaction. We may gather additional personal or non-personal information in the future. Information about your computer hardware and software may be automatically collected by PILOTNICK™. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the PILOTNICK™ website.
Please keep in mind that if you directly disclose personally identifiable information or personally sensitive data through PILOTNICK™ public message boards, this information may be collected and used by others. PILOTNICK™ encourages you to review the privacy statements of websites you choose to link to from PILOTNICK™ so that you can understand how those websites collect, use and share your information. PILOTNICK™ is not responsible for the privacy statements or other content on websites outside of the PILOTNICK™ website.
USE OF YOUR PERSONAL INFORMATION
PILOTNICK™ collects and uses your personal information to operate its website(s) and deliver the services you have requested. PILOTNICK™ may also use your personally identifiable information to inform you of other products or services available from PILOTNICK™ and its affiliates. PILOTNICK™ may also contact you via surveys to conduct research about your opinion of current services or of potential new services that may be offered. PILOTNICK™ DOES NOT SELL, RENT OR LEASE ITS CUSTOMER LISTS TO THIRD PARTIES.
PILOTNICK™ may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to PILOTNICK™, and they are required to maintain the confidentiality of your information. PILOTNICK™ may keep track of the websites and pages our users visit while logged on to PILOTNICK.COM, in order to determine what PILOTNICK™ products and/or services are the most popular. This data is used to deliver customized content and advertising within PILOTNICK™ to customers whose behavior indicates that they are interested in a particular subject area.
PILOTNICK™ will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on PILOTNICK™ or the site; (b) protect and defend the rights or property of PILOTNICK™; and, (c) act under exigent circumstances to protect the personal safety of users of PILOTNICK™, or the public.
The PILOTNICK™ website may use “cookies” to help you personalize your online experience. A cookie is a text file that is placed on your hard disk by a web page server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.
One of the primary purposes of cookies is to provide a convenience feature to save you time. The purpose of a cookie is to tell the Web server that you have returned to a specific page. For example, if you personalize PILOTNICK™ pages, or register with PILOTNICK™ site or services, a cookie helps PILOTNICK™ to recall your specific information on subsequent visits. This simplifies the process of recording your personal information, such as billing addresses, shipping addresses, and so on. When you return to the same PILOTNICK™ website, the information you previously provided can be retrieved, so you can easily use the PILOTNICK™ features that you customized.
You have the ability to accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of the PILOTNICK™ website or other websites you visit.
SECURITY OF YOUR PERSONAL INFORMATION
To secure your personal information from unauthorized access, use or disclosure, PILOTNICK™ uses the following:
- PCI-DSS COMPLIANT SERVERS (CERTIFIED BY TRUSTWAVE)
- EXTENDED VALIDATION (EV) SSL CERTIFICATE (PILOTNICK.COM DOMAIN)
- TWO FACTOR AUTHENTICATION IS UTILIZED BY ALL EMPLOYEES
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol, and Transport Layer Security (TLS) protocol.
CHILDREN UNDER THIRTEEN
PILOTNICK™ does not knowingly collect personally identifiable information from children under the age of thirteen. If you are under the age of thirteen, you must ask your parent or guardian for permission to use this website.
DISCONNECTING YOUR PILOTNICK™ ACCOUNT FROM THIRD PARTY WEBSITES
You will be able to connect your PILOTNICK™ account to third party accounts. BY CONNECTING YOUR PILOTNICK™ ACCOUNT TO YOUR THIRD PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED INTHIS MANNER, DO NOT USE THE THIS FEATURE. You may disconnect your account from a third party account at any time. Navigate to your customer account, located at: https://www.pilotnick.com/my-account/. Click on the Account Details Tab, Scroll Down to Social Login Account. You may now modify your Social Login Accounts..
OPT-OUT & UNSUBSCRIBE
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from PILOTNICK™ by navigating to https://www.pilotnick.com/unsubscribe, then enter the email address that you wish to have removed from our mailing lists.
CHANGES TO THIS STATEMENT
PILOTNICK™ will occasionally update this Statement of Privacy to reflect company and customer feedback. PILOTNICK™ encourages you to periodically review this Statement to be informed of how PILOTNICK™ is protecting your information.