Terms of Use

Acceptance of Terms
Welcome to 123Pilot.com's website (herein referred to as "123Pilot"). 123Pilot provides its services to you, subject to the following Terms of Use("TOU"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOU at any time at: http://www.123pilot.com/termsofuse.htm. In addition, when using 123Pilot services, you and 123Pilot shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time.

Description of Service
123Pilot currently provides viewers and members with access to online courses (website, e-mails and all content are herein referred to as the "Service"). You also understand and agree that the service may include certain communications from 123Pilot and its administrators, such as service announcements, and administrative messages. These communications are considered part of 123Pilot usage and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 123Pilot properties, shall be subject to the TOU. You understand and agree that the Service is provided "AS-IS" and that 123Pilot assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.

You are responsible for obtaining access to the Service and that access may involve third party fees (such as internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Service.

Your Registration Obligations
In consideration of your use of the Service, you agree to: provide true, accurate, current and complete information about yourself for all questions asked as prompted by the Service's registration form (such information being the "Registration Data"). If you provide any information that is untrue, inaccurate, not current or incomplete, or if 123Pilot has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 123Pilot has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). 123Pilot is concerned about the safety and privacy of all its users.

Member Conduct
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will 123Pilot be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Special Admonitions for International Users
Recognizing the global nature of the internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

Indemnity
You agree to indemnify and hold 123Pilot, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content made available through the Service, your use of the Service, your connection to the Service, your violation of the TOU, or your violation of any rights of another.

No Resale of Service
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any purposes, any portion of the Service, use of the Service, or access to the Service.

General Practices Regarding Use and Storage
You acknowledge that 123Pilot may establish general practices and limits concerning use of the Service.

Modifications to Service
123Pilot reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that 123Pilot shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

Termination
You agree that 123Pilot, in its sole discretion, may terminate your use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if 123Pilot believes that you have violated or acted inconsistently with the letter or spirit of the TOU. You agree that any termination of your access to the Service under any provision of this TOU may be effected without prior notice, and acknowledge and agree that 123Pilot may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that 123Pilot shall not be liable to you or any third-party for any termination of your access to the Service.

Links
The Service may provide links to other World Wide Web sites or resources. Because 123Pilot has no control over such sites and resources, you acknowledge and agree that 123Pilot is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that W123PilotL shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

123Pilot's Proprietary Rights
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. Except as expressly authorized by 123Pilot you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. This includes, but is not limited to, the use of 123Pilot Lessons, or the 123Pilot Lessons name and the 123Pilot logo.

You agree not to access the Service by any means other than through the interface that is provided by 123Pilot for use in accessing the Service.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. 123Pilot EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. 123Pilot MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM 123Pilot OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.

LIMITATION OF LIABILITY

123Pilot PROVIDES INFORMATION THAT HAS BEEN RESEARCHED TO ENSURE IT'S CORRECTNESS, BUT YOU AS PILOT IN COMMAND HOLD THE ULTIMATE RESPONSIBILITY FOR YOUR FLIGHT. 123Pilot SHALL NOT BE LIABLE FOR ANY USE OF IT'S INFORMATION THAT LEADS TO A VIOLATION OF FEDERAL REGULATIONS OR FAA ACCEPTED PRACTICES.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT 123Pilot SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF 123Pilot HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF THE SECTIONS MAY NOT APPLY TO YOU.

Notice
Notices to you may be made via email. The Service may also provide notices of changes to the TOU or other matters by displaying notices or links to notices to you generally on the Service.

General Information
The TOU constitute the entire agreement between you and 123Pilot and govern your use of the Service, superceding any prior agreements between you and 123Pilot. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The failure of 123Pilot to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of the TOU is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOU remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOU must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOU are for convenience only and have no legal or contractual effect.

Violations
Please report any violations of the TOU to Administration.