Our Terms and Conditions define the contract between you and PilotESP when using PilotESP's site and services. You need to read the Terms and Conditions before using PilotESP's site and services. If you have any questions, please contact us.

Accepting the Terms and Conditions

Please read these Terms and Conditions, as well as our Privacy Policy (collectively, the "Agreement") carefully before using PilotESP.com (the "Site") or any other sites, Services or content provided by PilotESP (these, plus the Site, Products, and Software, referred to as the "Services") (PilotESP, a Massachusetts company, collectively with its agents, consultants, employees, officers, and members "PilotESP," "we," or "us"). By using or accessing the Services, you ("Subscriber", "you") agree to become bound by all of the terms and conditions of this Agreement. If you do not agree to all the terms and conditions of this Agreement, you are not permitted to use the Services.

Changes to the Agreement

We may revise the Agreement from time to time. If we make a change to the Agreement that, in our sole discretion, is material, we may notify you via an e-mail to the email associated with your account, or otherwise through the Services. This may include a notification when signing in to the site, viewing content or using any of our Services. By continuing to access or use the Site or Services after those changes become effective, you agree to be bound by the revised Agreement.

Use of the Services

You are responsible for your use of the Services, for any Content you upload or download from the Services, and for any consequences thereof. You may use the Services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations. If there is variation between any Content from our Site or Services and applicable regulations including, but not limited to, any Federal Aviation Regulations, the regulations always take precedence over our Site/Services/Content.

Service Changes

The Services that we provide are always evolving. Therefore, the form and nature of the Services that we provide may change from time to time without prior notice to you. In addition, PilotESP may stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.

Unauthorized Use

You may not do any of the following when accessing or using the Services: access, tamper with, or use non-public areas of the Services, or the computer or delivery systems of PilotESP and/or its service providers; probe, scan, or test any system or network (such as for vulnerabilities), or otherwise attempt to breach or circumvent any security or authentication measures; access or search, or attempt to access or search, the Services by any means, other than through our currently available and published interfaces that are provided by PilotESP, and pursuant to the Agreement, unless specifically authorized to do so by PilotESP; scrape the Services, and particularly any Content (as defined below) from the Services, without PilotESP's express written consent; or interfere with or disrupt the access of any Subscriber, host or network, including, without limitation, by sending a virus to, spamming, or overloading the Services, or by scripted use of the Services in such a manner as to interfere with or create an undue burden on the Services.

Your Account

As a condition of using the Services, you must create an account (an "Account"), choosing a PilotESP username and a password. You must provide PilotESP with accurate, complete, and updated registration information, particularly a valid email address. Not doing so may result in the suspension or termination of your account.

You are responsible for maintaining the confidentiality of your Account, including your password. For the security of your account, you will notify PilotESP immediately of and actual or suspected loss, theft or unauthorized use of your Account or Account password.

Your account is solely for your use. You may not share your account login with others, particularly to allow others to access Content. Sharing your account may result in suspension or termination of your account.

Privacy

Any information you provide to PilotESP is subject to PilotESP's Privacy Policy, which governs our collection and use of your information. You agree that through your use of the Services, you consent to the collection and use of information, subject to the Privacy Policy.

Content and Subscriber Content

Definitions

For the purpose of this Agreement: (a) the term "Content" includes any creative expression or material, including, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, written posts, replies, comments, information, data, text, software, scripts, executable files, graphics, and interactive features made available or accessible on the Services; (b) the term "Subscriber Content" is all Content that is provided or transferred to the Services by a Subscriber (including, without limitation, you); and Content also includes, without limitation, Subscriber Content.

Ownership

Subscribers retain ownership of all intellectual property rights in their Subscriber Content, and PilotESP and/or third parties retain ownership of all intellectual property rights in all Content other than Subscriber Content. No purchase or transaction made through the Services shall transfer ownership of any Content.

License to Use Content

Some of the Services and Content require payment of fees (the "Paid Services"). All fees are stated in United States dollars. You shall pay all applicable fees, as described in the applicable Services, in connection with such Services, and nay related taxes or additional charges.

Paid Services are a limited license for you to use particular aspects of the Services and Content. Use of terms like sell, sale, buy, purchase, or other similar terms all refer to your acquisition of the limited license to use such Paid Services, and do not represent any transfer of any right, title, or ownership interest of any kind. You may not relicense, resell, transfer, or exchange Paid Services within or outside of the Services, except for as expressly allowed by the rules of the Services.

PilotESP may, at its sole discretion, modify the functionality of, or eliminate, Paid Services, or the terms and conditions under which Paid Services are provided.

Content on the Services

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, content that has been mislabeled. Under no circumstances will PilotESP be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content downloaded, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

Warranties; Indemnities; Disclaimer of Warranties

You represent and warrant that (i) you have full power and authority to enter into this Agreement; (ii) the execution and performance of this Agreement does not violate, conflict with, or result in a material default under any other contract or agreement to which you are a party, or by which you are bound.

You will defend, indemnify and hold harmless PilotESP and its officers, directors, employees, developers, and agents arising from any loss, damage, liability or cost (including reasonable attorneys' fees) resulting from any third party claim that arises from a breach of your representations or warranties. In the event of any loss, damage, liability or cost, you are obligated to indemnify PilotESP hereunder.

THIS SECTION SETS FORTH THE PARTIES' ENTIRE LIABILITY AND OBLIGATION, AND THE PARTIES' SOLE AND EXCLUSIVE REMEDIES, WITH RESPECT TO INFRINGEMENT OR MISAPPROPRIATION OF INTELLECTUAL PROPERTY RIGHTS OF ANY KIND.

EXCEPT AS OTHERWISE SPECIFIED IN THIS AGREEMENT, NEITHER PARTY MAKES ANY WARRANTY IN CONNECTION WITH THE SUBJECT MATTER OF THIS AGREEMENT AND EACH PARTY HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGMENT. IN ALL CASES THE CONTENT UNDER THIS AGREEMENT IS NOT INTENDED AS A SUBSTITUTION FOR ANY FAA REQUIRED AND/OR RECOMMENDED TRAINING, EITHER EXPRESSED OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE PRODUCTS AND SERVICES THAT YOU PURCHASE OR USE ON THE SITE ARE PROVIDED TO YOU AS IS, AND YOUR USE IS AT YOUR OWN RISK. WE DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL OTHER EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PILOTESP NOR ITS LICENSORS OR DISTRIBUTORS SHALL BE LIABLE TO YOU FOR ANY LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, OR ANY FORM OF INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES FROM ANY CAUSES OF ACTION ARISING WITH RESPECT TO THE PRODUCTS OR SERVICES THAT YOU PURCHASE ON THE WEBSITES, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. IN NO EVENT SHALL PILOTESP'S AGGREGATE LIABILITY UNDER THESE TERMS OF SALE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICABLE PRODUCTS OR SERVICES.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, SHALL EITHER PARTY, OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO THE OTHER PARTY OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, WHETHER OR NOT THAT PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE TOTAL CUMULATIVE LIABILITY OF EITHER PARTY FOR DAMAGES OR ALLEGED DAMAGES HEREUNDER, WHETHER IN CONTRACT, TORT OR ANY OTHER LEGAL THEORY, IS LIMITED TO, AND WILL NOT EXCEED, THE CUMULATIVE AMOUNTS PAID OR PAYABLE UNDER THIS AGREEMENT.

Termination

Either party may terminate this Agreement at any time by notifying the other party. PilotESP may also terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to if you breach any of the terms or conditions of this Agreement.

Upon termination of your access to or ability to use a Service, including but not limited to suspension of your Account on a Service, your right to use or access that Service and any Content will immediately cease. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. Termination of your access to and use of the Services shall not relieve you of any obligations arising or accruing prior to such termination or limit any liability which you otherwise may have to PilotESP or any third party.

Governing Law and Legal Disputes

You and PilotESP agree that we will resolve any claim or controversy at law or equity that arises out of this Agreement or the Services in accordance with this Section or as you and PilotESP otherwise agree in writing. Before resorting to litigation, we strongly encourage you to contact us directly to seek a resolution.

Law and Forum for Legal Disputes

This Agreement shall be governed in all respects by the laws of the Commonwealth of Massachusetts as they apply to agreements entered into and to be performed entirely within Massachusetts between Massachusetts residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against PilotESP must be resolved exclusively by a state or federal court located in Worcester County, Massachusetts, except as otherwise agreed by the parties. You agree to submit to the personal jurisdiction of the courts located within Worcester County, Massachusetts for the purpose of litigating all such claims or disputes. Contact Information

The Agreement is operated and provided by PilotESP, PO Box 448, Northborough, MA 01532. If you have any questions about this Agreement, please contact us via email at team@pilotesp.com or by mail at our Northborough address.

Effective: March 1, 2024