Legal
Effective Date: December 9, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEB SITE.
Your use of piloti.com is expressly conditioned on your acceptance without modification of the following terms and conditions (the "Terms and Conditions"). By using piloti.com, you signify your acceptance of these Terms and Conditions.
Piloti LLC("Piloti") may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions without any notice or liability to you or any other person, by posting revised Terms and Conditions on the piloti.com web site. Your continued use of the piloti.com web site signifies your acceptance of such revised Terms and Conditions, so check back frequently to read the most recent version. Any changes will be effective only after the effective date of the change and will not affect any dispute arising prior to the effective date of the change.
Ownership
Piloti, piloti.com, and all other Piloti related trademarks and design marks displayed on piloti.com (collectively, the "Trademarks") are registered and common law trademarks of Windsong Global used by Piloti with under license. Other trademarks and design marks appearing on this web site are trademarks of their respective owners. Nothing contained on piloti.com should be construed as granting, by implication or otherwise, any license or right to use any trademarks, including the Trademarks, except with the express written permission of Piloti or such other party that may own the applicable trademarks. You are not authorized to use our logo as a hyperlink to this website unless you obtain Piloti’s written permission in advance, although we permit you to use certain designated features of the website to use our logo as a hyperlink for designated purposes.
The piloti.com web site, its design, all text, graphics, content, video, audio and the selection and arrangement thereof are the property of Piloti, Windsong Global and its affiliates, and subsidiaries (collectively, the “Company”), and/or (where applicable) third party providers and distributors ("Third Parties"), and are protected under the copyright laws of Canada, the United States, and other countries. None of the content found on piloti.com may be reproduced, republished, distributed, displayed, sold, transferred, or modified without the express written permission of Piloti and/or the applicable Third Parties.
Use of Site
Neither the piloti.com web site nor its content may be, in whole or in part, copied, reproduced, republished, uploaded, posted, transmitted or distributed without the written permission of Piloti, except that you may download, display and print the content presented on piloti.com for your personal, non-commercial use only. Unauthorized use of piloti.com and/or the content contained on piloti.com may violate applicable copyright, trademark or other intellectual property laws or other laws. You must retain all copyright and trademark notices, including any other proprietary notices, contained within the content on this web site. The use of such content on any other web site or in any environment of networked computers is prohibited.
You are prohibited from contributing, posting or transmitting to this web site any infringing, unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic or profane content or any content that could constitute or encourage conduct that would be considered a criminal offence, give rise to civil liability, or otherwise violate any law.
Piloti makes no active effort to collect personal information from individuals who are under the age of majority in their applicable country, state, and/or province. Piloti requires that website users be of legal age to enter into agreements (typically, at least eighteen (18) years of age or older. Use of the piloti.com website is void where prohibited by applicable law.
In its sole discretion, in addition to any other rights or remedies available to Piloti and without any liability whatsoever, Piloti at any time and without notice may terminate or restrict your access to any component of piloti.com.
User Name and Password
Your piloti.com website account may be accessed only by use of your login name and password. You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, except an authorized Piloti representative. Piloti recommends that you choose a password that is unique to you and not easily guessed by others. Remember to choose a strong password, including numbers, capital letters, special characters, etc., and is not typically found in a dictionary. You should change your password on a regular basis, and you must log out at the end of each session.
All login names and passwords remain the property of Piloti, and may be cancelled or suspended at any time by Piloti without any notice or liability to you or any other person. Piloti is not under any obligation to verify the actual identity or authority of the user of any login name or password.
You must immediately notify Piloti of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
Prohibition on Scripts, Bots, Third Parties, etc
You shall not access or use the website by means of any automated program, expert system, electronic agent or “bot,” and shall not give any person or entity access to the website.
Prohibition on Scraping
You are prohibited from “scraping,” copying, republishing, licensing, or selling the data or information on the website if you do so for commercial purposes.
Ownership of Usage Data
Piloti may collect and aggregate data about your usage of the website, and Piloti shall be the sole owner of such information.
Privacy
You have read the Piloti Privacy Charter, the terms of which appear on piloti.com and are incorporated into these Terms and Conditions, and agree that the terms of such policy are reasonable. You consent to the collection, use and disclosure of your personal information by Piloti and/or Third Parties in accordance with the terms of and for the purposes set forth in the Piloti Privacy Policy.
Customer Content
The website contains interactive features that allow users to post, submit, publish, display or transmit content or materials including but not limited to comments, opinions, reviews, photographs and feedback (the "Customer Content"). All Customer Content will be considered non-confidential and non-proprietary.
By submitting any Customer Content through the website, you represent and warrant that: (a) you are the sole author and owner of the intellectual property rights in the Customer Content; (b) all "moral rights" that you may have in such Customer Content have been voluntarily waived by you; (c) you understand and acknowledge that you are responsible for any Customer Content you submit or contribute, and you, not Piloti, have full responsibility for such Customer Content, including its legality, reliability, accuracy and appropriateness; and (d) the Customer Content does not violate these Terms and Conditions.
Any Customer Content that you submit to Piloti, either directly or through its third party service providers, you acknowledge and agree that Piloti shall own all right, title and interest in and to such Customer Content, including all modifications, improvements, upgrades, derivative works, and feedback related thereto and all intellectual property rights therein. To the extent applicable, you agree to assign to Piloti a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, delete, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Customer Content throughout the world in any media, now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without providing compensation to you or any other person, without any liability whatsoever.
You also grant Piloti the right to use the name, age or any other biographical information you submit with the Customer Content, if any, in connection with Piloti's rights hereunder. Your email or any other personal information you provide in connection with your feedback may be used to contact you regarding the information you have provided as well as for administration and/or other purposes as outlined in the Terms and Conditions and Privacy Policy.
You further agree that you will not submit any Customer Content that: (a) is known by you to be false, inaccurate or misleading; (b) infringes any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (c) violates any law, statute, ordinance or regulation (including, but not limited to, those governing, consumer protection, unfair competition, anti-discrimination or false advertising); (d) is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing to any individual, partnership or corporation; (e) you were compensated for or granted any consideration by any unapproved third party; (f) includes any information that references other websites, addresses, email addresses, contact information or phone numbers; or (g) contains any computer viruses, worms or other potentially damaging computer programs or files.
All Customer Content you submit may be used at Piloti's sole discretion. Piloti reserves the right to change, condense, withhold publication, remove or delete any Customer Content on Piloti's website that Piloti deems, in its sole discretion, to violate these Terms and Conditions. Piloti does not guarantee that you will have any recourse through Piloti to edit or delete any Customer Content you have submitted. Piloti reserves the right to remove or to refuse to post any submission to the extent authorized by law.
The customer ratings and review functions to which Customer Content may be submitted are a public forum. Messages, questions, tips, advice and answers posted here can be viewed by the public and reflect solely the opinions of the forum participants, including without limitation, Piloti product suppliers, and in no way reflect the opinion of or are endorsed by Piloti. You therefore acknowledge that you, not Piloti, are responsible for the contents of your submission. Information on these customer ratings and review forums may contain inaccuracies or typographical errors. Piloti is not responsible for any Customer Content on the customer ratings and review forums nor does Piloti guarantee the accuracy, reliability or completeness of any information provided in these forums. Forum participants are solely responsible for their use of the forums. While Piloti will make reasonable efforts to monitor the customer ratings and review forums, it cannot effectively monitor all material posted and, therefore, makes no representation or warranty with respect thereto and assumes no liability for incorrect product information, mistakes, misinformation, falsehoods, profanity, obscenity, or other inappropriate material posted by any forum participant. Information on the customer ratings and review forums is provided "AS-IS" without warranty of any kind, either express or implied.
E-commerce
All prices quoted shall be based on the jurisdiction selected at time of purchase and payable in the applicable currency of such selected jurisdiction and, unless otherwise stated, do not include applicable taxes.
All advertisements on the piloti.com website are merely invitations for you to purchase goods or services and are not offers to sell by Piloti.
Piloti reserves the right to limit quantities; reject, correct, cancel or refuse orders, and to terminate accounts, in its discretion, including, without limitation, if Piloti believes that customer conduct violates applicable law or is harmful to the interests of Piloti or any Third Parties.
All sizes quoted are approximate. Some items shown may require assembly.
Liability Disclaimer
EXCEPT AS EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TO TIME, COMPANY AND THE THIRD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING PILOTI.COM AND/OR ANY CONTENT PROVIDED ON PILOTI.COM, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. COMPANY AND THE THIRD PARTIES DO NOT WARRANT THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATION OF PILOTI.COM, OR ANY OF THE CONTENT OR DATA FOUND ON PILOTI.COM, AND EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF PILOTI.COM, ITS CONTENT OR DATA, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
COMPANY AND THE THIRD PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE, ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORK CONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS, ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS OR DISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING, DISRUPTING OR CORRUPTING COMMUNICATIONS.
COMPANY AND THE THIRD PARTIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON PILOTI.COM OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM PILOTI.COM.
IN NO EVENT SHALL COMPANY OR ANY OF THE THIRD PARTIES BE LIABLE FOR ANY INJURY, LOSS, CLAIM, DAMAGE, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO LOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY USE OF PILOTI.COM OR CONTENT FOUND HEREIN, THE OPERATION OF THE WEB SITE, OR ANY FAILURE OR DELAY IN THE OPERATION OF THE WEBSITE (INCLUDING, BUT NOT LIMITED TO THE INABILITY TO USE ANY COMPONENT OF PILOTI.COM FOR PURCHASES) EVEN IF ADVISED OF THE POSSIBILITY OF DAMAGES.
FOR US RESIDENTS ONLY: BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
Maximum Liability
IF, NOTWITHSTANDING THE FOREGOING, COMPANY OR ANY OF THE THIRD PARTIES SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE FUNCTIONS OR USES OF PILOTI.COM OR ITS CONTENT, THE LIABILITY OF COMPANY AND THE THIRD PARTIES SHALL IN NO EVENT EXCEED IN THE AGGREGATE $250 CAD/100 US DOLLARS (as applicable). Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to (i) the greatest extent permitted by law, or (ii) $250 CAD/100 US Dollars, whichever is less.
Indemnification
You shall indemnify and save harmless Company and the Third Parties and their respective officers, directors, employees, consultants, representatives and agents from and against any claim, cause of action or demand, including without limitation reasonable legal, accounting and other professional fees, brought as a result of your use of piloti.com.
Prohibited Actions
You agree not to: (a) decompile, reverse engineer, disassemble, modify, reduce the website to human perceivable form or create derivative works based upon the website or any part thereof; (b) disable any licensing or control features of the website; (c) introduce into the website any virus or other code or routine intended to disrupt or damage the website, or alter, damage or delete any materials, or retrieve or record information about the website or its users; (d) merge the website or materials with another program or create derivative works based on the website or materials; (e) remove, obscure, or alter any notice of the copyright or other proprietary legends on the website or materials; (f) sublicense, assign, translate, rent, lease, lend, resell for profit, distribute or otherwise assign or transfer the materials or access to the website to others; (g) use, or allow the use of, the website or the materials in contravention of any federal, state, local, foreign or other applicable law, or rules or regulations of regulatory or administrative organizations; or (h) otherwise act in a fraudulent, illegal, malicious or negligent manner when using the website. Except as expressly provided herein, Piloti and the third parties reserve all rights with respect to the website, and may pursue all legally available options under both civil and criminal laws (and may cooperate with law enforcement agencies) in the event of any violations.
Links
The piloti.com web site contains links to web sites owned or operated by other entities which are not associated or affiliated with Company or the Third Parties. These links are provided solely as a convenience to you and the inclusion of any link does not imply endorsement, investigation or verification by Company or the Third Parties of the linked web site or information contained therein or of their security or privacy practices. Company and the Third Parties shall not be responsible for the content of any other linked web sites and makes no representation or warranty regarding any other web sites or the contents on such web sites. If you decide to access other web sites, you do so at your own risk.
Framing of the piloti.com web site or any of its content in any form and by any method is strictly prohibited.
Relationships
The relationship between Piloti and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms and Conditions or your use of piloti.com.
Governing Laws
This Agreement and its performance shall be governed by the laws of the Province of Ontario, Canada. You consent and submit to the exclusive jurisdiction of the courts located in the City of Toronto, in the Province of Ontario, Canada, in all disputes arising out of or relating to the use of piloti.com and these Terms and Conditions.
Additional Terms
Additional terms and conditions apply to purchases of products and services. Additional terms and conditions may also apply to specific web site functions available on piloti.com.
Severability
These Terms and Conditions shall be deemed severable. In the event that any provision is determined to be unenforceable or invalid, such provision shall nonetheless been forced to the fullest extent permitted by applicable law, and such determination shall not affect the validity and enforceability of any other remaining provisions.
Headings
The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.
Entire Agreement
The Privacy Policy, the Return Policy (see FAQ), and the Shipping Policy and incorporated into and deemed to form a part of the Terms and Conditions. These Terms and Conditions, together with the foregoing policies as well as such other policies incorporated or referred to herein, constitute the entire agreement between us relating to the subject matter hereof, and supersede any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and may not be amended or modified except by Piloti as set forth above.
English Language
The parties have requested that these Terms and Conditions and all documents contemplated hereby be drawn up in English. Les parties aux présentes ont exigé que cette entente et tous autres documents envisagés par les présentes soient rédigés en anglais.
Contact Us
For further information, or inquiries about these Terms and Conditions, please contact: