Terms of Use & Privacy Policy

TERMS OF USE

This Terms of Use Agreement (this “Agreement”) describes the terms and conditions on which PILOT Inc., a Delaware corporation and its licensors (“PILOT”) offers you (“You” “Your” or “User”) access to the website located at www.pilot.coach (“PILOT Site”), and to the career coaching software services and tools provided by PILOT through the PILOT Site (“Services”). You should read these terms carefully, since they apply to you if you decide to access the Pilot Site, whether as a registered user (“Registered User”) or as a non-registered user just browsing the PILOT Site (“PILOT Visitor”). These terms are important and we have done our best to make them readable. If you are a Registered User, the terms and conditions of PILOT’S Terms of Service Agreement apply and nothing herein limits your obligations, or PILOT’s rights and remedies, under that agreement. Should you wish to subscribe to any of the Services, you shall additionally agree to be bound by PILOT’s then-current Terms of Service. These Terms of Use, the Privacy Policy and the Terms of Service shall collectively be referred to as the “PILOT Terms”.

Please read the terms of this Agreement carefully. If you do not agree to the terms of this Agreement, then you may not use or access the Site or any of the Services. PILOT may, in its sole discretion, modify any of the PILOT Terms, including without limitation, this Agreement, from time-to-time, and may modify, suspend, or terminate the PILOT Site and Services, for any reason, and without notice. PILOT recommends that you review the PILOT Terms from time to time to note any changes. By continuing to use or access the Site or any of the Services, you agree to be bound by all PILOT Terms in effect at the time of such use or access. Note that any violation of the PILOT Terms may result in termination of the Service to you. If you have questions about the PILOT Terms, please contact us at [email protected].

BY COMPLETING THE REGISTRATION PROCESS OR USING THE SERVICES, YOU ARE AGREEING TO BE BOUND BY ALL PILOT TERMS. IF YOU DO NOT AGREE WITH IT, YOU SHOULD LEAVE THE PILOT SITE AND DISCONTINUE USE OF THE SERVICES IMMEDIATELY. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THE PILOT TERMS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. PILOT MAY MODIFY THIS AGREEMENT FROM TIME TO TIME. FOR PILOT VISITORS, THIS AGREEMENT APPLIES ONLY TO YOUR CURRENT VISIT AND THE FRUITS THEREOF — PLEASE CHECK THIS AGREEMENT AGAIN ON YOUR NEXT VISIT FOR ANY RECENT MATERIAL CHANGES.

1. DESCRIPTION OF SERVICES

We make available to you on the PILOT Site certain resources, including, but not limited to, software applications to identify, evaluate, and potentially enhance career decisions, activities, behaviors, plans and goals (“Software”), and diagnostic reports based on your use of the Software (“Reports”), as well as additional information, content and tools that we hope may be of interest to you. The Software, the Reports and such additional information, content and tools will be collectively referred to in this Agreement as “PILOT Content”. Unless explicitly stated otherwise, any new features or functionalities made available on the PILOT Site are subject to this Agreement and shall be considered as PILOT Content.

2. REGISTRATION

If you want to access or use certain information, content, or tools on the PILOT Site you may be required to register for a PILOT account. In registering, you agree to provide accurate, current, and complete information, and to keep it up to date at all times. Please do not choose as a login name an email address that is indecent or offensive, or otherwise violates this Agreement or any applicable laws or regulations. You are responsible for safeguarding the password that you use to access the PILOT Site and you agree not to disclose it to any third party. You hereby take responsibility for all actions taken under your account by you or any third parties. You will notify PILOT immediately of any unauthorized use of your account.

3. WHAT YOU MUST NOT DO

You agree to use the PILOT Site and the Services only in accordance with the terms and conditions of this Agreement (and the PILOT Terms, if applicable), as well as any and all applicable laws and regulations. While using the Services you will not (i) engage in any illegal acts or acts which are offensive to others, or (ii) violate any personal or property rights of any third party, including, but not limited to, intellectual property rights. Furthermore, you will not:

(a) Copy, modify, adapt, translate, or otherwise create derivative works of the Services or the Software, or (except as explicitly permitted herein) the PILOT Content;

(b) Reverse engineer, de-compile, disassemble, or otherwise attempt to discover any measurement systems used by PILOT;

(d) Post, transmit, or introduce any device, software, or routine that interferes or attempts to interfere with the operation of the Services or the Software.

(e) Circumvent, disable, or otherwise interfere with security-related features of Services or the Software, or features that prevent or restrict use or copying of any PILOT Content;

(f) Upload, stream, email, or otherwise transmit (i) any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, “pyramid” or similar schemes, or any other form of solicitation or (ii) any viruses or other computer code that could interrupt, destroy, or limit the functionality of the Services or the Software, infect or damage another user’s computer, or interfere with the access of any other user to the Services or the Software;

(g) Delete, or in any manner alter, the copyright, trademark, or other proprietary rights notices appearing on the PILOT Site and any PILOT Content;

(h) Represent that PILOT endorses or supports your site or content;

(i) Obtain any information or materials relating to the Services or the PILOT Site or through any means not intentionally made available by PILOT to you, or attempt to gain unauthorized access to the Services or the PILOT Site, or any technology, computer systems, or networks associated with the Services or the PILOT Site, or attempt to index, search, or crawl theServices or the PILOT Site with any automated process or other similar mechanism.

PILOT may terminate or suspend your PILOT account and your access at any time without notice including without limitation in response to a suspected violation of any of the foregoing prohibitions.

4. AGE REQUIREMENTS

To become a Registered User of the PILOT Site and the Services, you must be 18 years or over.

5. PRIVACY POLICY AND INFORMATION DISCLOSURE

PILOT’S Privacy Policy is located at the URL www.pilot.coach/privacy-policy (Privacy Policy). PILOT believes strongly in protecting the privacy of PILOT Visitors and Registered Users using the Service. The Privacy Policy governs your use of the Site and/or Service.

6. PAYMENT METHOD, REFUNDS

ALL AMOUNTS PAID BY YOU ARE NON-REFUNDABLE AND YOU WILL NOT BE ENTITLED TO ANY REFUND OR CREDIT OF ANY AMOUNTS PAID BY YOU FOR THE SERVICES.

7. ELECTRONIC COMMUNICATIONS

By using the Services, you consent to receiving electronic communications from PILOT. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.

8. COPYRIGHT, TRADEMARKS and GENERAL USE RESTRICTIONS

Unless otherwise specified, all information appearing on the PILOT Site including the PILOT Content, documents, services, text, graphics, site design, images, logos and icons, as well as the selection and arrangement thereof, are the sole property ofPILOTPilot and its licensors. PILOT and PILOT names, logos and slogans, including without limitation, Job Renovator™℠ are trademarks owned by PILOT. All other trademarks, logos and service marks displayed on the PILOT Site are the property of their respective owners. PILOT provides products, content and services through the PILOT Site, including content, trademarks, logos, graphics and images, video and audio that are copyrighted work of PILOT or PILOT’s licensors. You agree that you have no right to copy, reproduce, edit, modify any these materials. You agree that you have no right, title or interest in the PILOT Site, the Services, the PILOT Content or any other content or services provided on the PILOT Site. All rights not expressly granted herein are reserved.

By visiting the PILOT Site, you also hereby acknowledge and agree that, unless otherwise expressly stated to the contrary in a written agreement executed by each of you and the President of PILOT, in the event you communicate with PILOT (by any means) concerning any proposed modifications, ideas, concepts, enhancements or recommendations concerning the PILOT Site, the PILOT Services, the PILOT Content, Software or the PILOT business, PILOT shall be deemed to be the sole owner of any such modifications, ideas, concepts, enhancements or recommendations by you and PILOT shall not be required to pay you any compensation whatsoever with respect to the same. You hereby assign, all right, title and interest worldwide in and to these modifications, ideas, concepts, enhancements or recommendations, and all related intellectual property rights in perpetuity throughout the universe, to PILOT.

9. YOUR CONTENT

Any content created by you when utilizing the PILOT Site, the PILOT Services or the Software, including without limitation, your assessment responses, blueprint inputs, emails, intercom/chat interactions, communications and/or suggestions for enhancements or modifications to the PILOT Site, the PILOT Services or the PILOT business (“User Content”), including all right, title and interest in all intellectual property rights pertaining to the User Content, shall be owned by PILOT. By visiting or signing up as a Registered User, you hereby assign and convey to PILOT all right, title and interest in all intellectual property rights concerning such User Content.

10. THIRD PARTY WEBSITES/SERVICES

The PILOT Site contains access to other Internet sites and services owned and maintained by third parties (each, a “Third Party Websites/Services”) and may also contain links and pointers to such Third Party Websites/Services. Examples of Third Party Websites/Services include, payment processors, hosting services, audio and video hosting providers, content management systems, and customer relationship management systems. You hereby acknowledge and agree that PILOT does not operate or control any Third Party Website/Services or any of the information, products or services offered in connection with the Third Party Websites/Services and therefore PILOT shall not be responsible for any/all errors or faults with respect to any Third Party Websites/Services, and PILOT hereby expressly disclaims any and all representations or warranties with respect to any and all Third Party Websites/Services. You further acknowledge that your usage of any and all Third Party Websites/Services shall be governed by such Third Party Website/Services operator’s terms of service, privacy policy and related polices governing usage of their services (and not these PILOT Terms) and your usage of such Third Party Website/Services shall represent your agreement to be legally bound by any and all agreements and polices governing those services. All Third Party Websites/Services (and all links and pointers thereto) included on the PILOT Site or as part of the PILOT Services are included solely for your convenience. In no event shall any reference to any Third Party Website/Services be construed as an approval or endorsement by PILOT of such third party, such Third Party Website/Services or of any products or services provided by such third party.

11. LINKS TO THIRD PARTY SITES

Any Web site that links to PILOT (1) may link to, but not replicate, any portion of the Site; (2) may not imply that PILOT is endorsing such Web site or its services or products, unless otherwise expressly agreed by PILOT; (3) may not misrepresent its relationship with PILOT; (4) may not contain content that could be construed as distasteful, obscene, offensive or controversial, and may contain only content appropriate for all ages; (5) may not portray PILOT or the PILOT Services in a false, misleading, derogatory, or otherwise offensive or objectionable manner, or associate PILOT with undesirable products, services, or opinions; and (6) may not use any PILOT trademark or service mark without our express written permission. PILOT may, in its sole discretion, request that you remove any link to the Site, and upon receipt of such request, you shall immediately remove such link.

12. MODIFICATION OF THE PILOT SITE AND SERVICES

PILOT reserves the right, in its sole discretion, to modify or discontinue the PILOT Site and Services without notice.

13. EXPORT LAWS

The Software is further subject to United States export controls. No Software may be downloaded from the Services or otherwise exported or re-exported in violation of U.S. export laws. By downloading or using the Software, you represent and warrant that such download or use is not in violation of any such law.

14. INDEMNIFICATION

You hereby agree to defend, indemnify and hold harmless PILOT, its subsidiaries, their affiliates and each of their respective officers, directors, employees, shareholders, members, managers, agents, contractors, successors and/or assigns (each an “Indemnified Party”) from and against any and all claims, suits, damages, losses, liabilities, penalties, actions, proceedings, judgments, settlements, and any and all expenses and costs related thereof and demands thereof of any type and nature (whether actual or alleged, known or unknown, disclosed or undisclosed), including without limitation costs and reasonable attorneys’ fees that an Indemnified Party may incur, in connection with any claim or action that (i) arises from any alleged breach by you of this Agreement or applicable law, rules, regulations or polices, (ii) arises from the content or information you post, transmit or store using the PILOT Services or the PILOT Site, including without limitation, any User Content; or (iii) arises from your activities or postings in connection with your use of PILOT Services or the PILOT Site as a PILOT Visitor or a Registered User. In addition, you acknowledge and agree that PILOT has the right to seek damages when you use PILOT Services or the PILOT Site for unlawful purposes, in an unlawful manner, and/or in a manner inconsistent with these Terms of Service, and that such damages may include, without limitation, direct, indirect, special, incidental, cover, reliance and/or consequential damages.

15. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE PILOT SITE AND THE PILOT SERVICES AND THE INFORMATION AVAILABLE THROUGH THE PILOT SITE AND THE PILOT SERVICES IS PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS. PILOT DOES NOT WARRANT THAT THE PILOT SITE OR THE PILOT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND PILOT MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, AUTHENTICITY, OR RELIABILITY OF ANY INFORMATION AVAILABLE THROUGH THE PILOT SITE OR THE PILOT SERVICES. PILOT HEREBY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES WITH RESPECT TO THE PILOT SITE AND THE PILOT SERVICES AND THE INFORMATION AVAILABLE THROUGH THE PILOT SITE AND/OR THE PILOT SERVICES, INCLUDING BUT NOT LIMITED TO ALL IMPLIED WARRANTIES AND ALL WARRANTIES REGARDING MERCHANTABILITY, THE IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. THE INFORMATION AND CONTENT PUBLISHED BY PILOT ON THE PILOT SITE AND IN CONNECTION WITH THE PILOT SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. UNDER NO CIRCUMSTANCES SHALL PILOT BE HELD LIABLE FOR ANY SUCH INACCURACIES OR TYPOGRAPHICAL ERRORS OR IN THE TRANSMISSION OF ANY USER DATA.
YOU USE THE PILOT SITE AT YOUR OWN RISK. YOUR USE OF THE DATA OR INFORMATION PROVIDED IN ACCORDANCE WITH (OR RESULTING FROM) YOUR USAGE OF THE PILOT SITE OR THE PILOT SERVICES IS ALSO USED AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PILOT NOR ANY INDEMNIFIED PARTY (AS SUCH TERM IS DEFINED IN SECTION 14) SHALL BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE OR LOSS OF INCOME RESULTING FROM THE USE OF THE PILOT SERVICES OR THE PILOT SITE BY YOU OR ANY THIRD PARTIES OR ANY FAILURE OF THE PILOT SERVICES OR THE PILOT SITE (ii) ANY LOSS OF DATA OR CORRUPTION OF DATA, INCLUDING LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES, SERVICE INTERRUPTIONS OR A FAILURE OF PILOT’S NETWORK, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF PILOT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES; OR (III) RELIANCE BY YOU ON ANY INFORMATION OBTAINED THROUGH USE OF THE PILOT SERVICES OR THE PILOT SITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
PILOT’S TOTAL MAXIMUM AGGREGATE LIABILITY TO YOU AND ALL THIRD PARTIES UNDER THIS AGREEMENT AND IN RESPECT OF ALL PILOT SERVICES SHALL NOT EXCEED THE GREATER OF (I) THE AMOUNT ACTUALLY PAID BY YOU DURING THE ONE-YEAR PERIOD PRECEDING THE DATE UPON WHICH SUCH LIABILITY ACCRUED OR (II) SEVENTY-FIVE DOLLARS ($75.00).
ANY CLAIM ARISING OUT OF OR RELATED TO USE OF THE PILOT SERVICES OR THE PILOT SITE OR THIS AGREEMENT MUST BE FILED BY YOU WITHIN ONE (1) YEAR OF THE EVENT THAT UNDERLIES ANY SUCH CLAIM OR SHALL BE BARRED FOREVER.

16. GOVERNING LAW, JURISDICTION, VENUE

THE PILOT TERMS, INCLUDING WITHOUT LIMITATION, THESE TERMS OF USE, USE OF THE PILOT SITE AND THE PILOT SERVICES AND ANY DISPUTE ARISING FROM THE PERFORMANCE OR BREACH HEREOF SHALL BE GOVERNED BY AND CONSTRUED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK, WITHOUT REFERENCE TO CONFLICTS OF LAWS PRINCIPLES AND EXCLUDING ANY APPLICATION OF THE UNITED NATIONS CONVENTION ON THE INTERNATIONAL SALE OF GOODS. YOU HEREBY (I) IRREVOCABLY SUBMIT TO THE EXCLUSIVE JURISDICTION OF THE COURTS OF THE STATE OF NEW YORK LOCATED IN NEW YORK COUNTY AND THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK, FOR THE PURPOSES OF ANY SUIT, ACTION OR OTHER PROCEEDING ARISING OUT OF THE PILOT TERMS, INCLUDING WITHOUT LIMITATION, THESE TERMS OF USE, USE OF THE PILOT SITE, USE OF THE PILOT SERVICES OR THE SUBJECT MATTER HEREOF OR ANY OF THE TRANSACTIONS CONTEMPLATED HEREBY BROUGHT BY YOU OR PILOT OR THEIR RESPECTIVE SUCCESSORS OR ASSIGNS, (II) IRREVOCABLY AGREE THAT ALL CLAIMS IN RESPECT OF SUCH SUITS, ACTIONS OR PROCEEDINGS MAY BE HEARD AND DETERMINED IN SUCH NEW YORK STATE COURT OR TO THE FULLEST EXTENT PERMITTED BY LAW IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK AND (III) TO THE EXTENT PERMITTED BY APPLICABLE LAW, IRREVOCABLY WAIVE, AND AGREE NOT TO ASSERT, BY WAY OF MOTION, AS A DEFENSE, OR OTHERWISE, IN ANY SUCH SUIT, ACTION OR PROCEEDING ANY CLAIM THAT YOU ARE NOT PERSONALLY SUBJECT TO THE JURISDICTION OF THE ABOVE-NAMED COURTS, THAT THE SUIT, ACTION OR PROCEEDING IS BROUGHT IN AN INCONVENIENT FORUM, THAT THE VENUE OF THE SUIT, ACTION OR PROCEEDING IS IMPROPER OR THAT THIS AGREEMENT OR THE SUBJECT MATTER HEREOF MAY NOT BE ENFORCED IN OR BY SUCH COURT. A FINAL JUDGMENT OBTAINED IN RESPECT OF ANY ACTION, SUIT OR PROCEEDING REFERRED TO IN THIS SECTION SHALL BE CONCLUSIVE AND MAY BE ENFORCED IN OTHER JURISDICTIONS BY SUIT OR JUDGMENT OR IN ANY MANNER AS PROVIDED BY APPLICABLE LAW.

17. GENERAL

You may not assign any rights granted to you or delegate any of your duties hereunder; any attempt to do so is void and of no effect. PILOT may assign its rights and delegate its duties under this Agreement in their entirety at any time. Including without limitation, in connection with a merger, reorganization or sale of all, or substantially all, of its assets relating to this Agreement. The failure of PILOT at any time to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing. You hereby agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible, consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. The headings and captions are for convenience only and are not to be used in the interpretation of this Agreement. This Agreement and the PILOT Terms constitutes the complete and exclusive understanding and agreement between you and PILOT regarding its subject matter, and supersedes all prior and contemporaneous agreements or understandings relating to such subject matter.