Effective Date: December 9, 2016
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFOREUSING THIS WEB SITE.
Youruse of is expressly conditioned on your acceptance without modificationof the following terms and conditions (the "Terms and Conditions").By using piloti.ca, you signify your acceptance of these Terms and Conditions.
PilotiLLC ("Piloti")may, in its sole discretion and for any reason, modify, supplement or amendthese Terms and Conditions without any notice or liability to you or any otherperson, by posting revised Terms and Conditions on the web site. Yourcontinued use of the web site signifies your acceptance of such revisedTerms and Conditions, so check back frequently to read the most recent version. Anychanges will be effective only after the effective date of the change and willnot affect any dispute arising prior to the effective date of the change.
Piloti, , and all other Piloti related trademarksand design marks displayed on (collectively,the "Trademarks") are registered and common law trademarks ofWindsong Global used by Piloti with under license.Other trademarks and design marks appearing on this web site are trademarks oftheir respective owners. Nothing contained on should be construed asgranting, by implication or otherwise, any license or right to use anytrademarks, including the Trademarks, except with the express writtenpermission 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 unlessyou obtain Piloti’s written permission in advance, although we permit you touse certain designated features of the website to use our logo as a hyperlinkfor designated purposes.
The web site, its design, all text, graphics, content, video, audio and theselection and arrangement thereof are the property of Piloti, Windsong Globaland its affiliates, and subsidiaries (collectively, the “Company”), and/or(where applicable) thirdparty providers and distributors ("Third Parties"), and are protectedunder the copyright laws of Canada, the United States, andother countries. None of the content found on may be reproduced,republished, distributed, displayed, sold, transferred, or modified without theexpress written permission of Piloti and/or the applicable Third Parties.
Neitherthe web site nor its content may be, in whole or in part, copied,reproduced, republished,uploaded, posted, transmitted or distributed without the written permission ofPiloti, except that you may download, display and print the content presentedon piloti.ca for your personal, non-commercial use only. Unauthorized use of piloti.caand/or the content contained on piloti.ca may violate applicable copyright,trademark or other intellectual property laws or other laws. You must retain allcopyright and trademark notices, including any other proprietary notices,contained within the content on this web site. The use of such content on anyother web site or in any environment of networked computers is prohibited.
Youare prohibited from contributing, posting or transmitting to this web site anyinfringing, unlawful, threatening, libelous, defamatory, obscene, indecent,inflammatory, pornographic or profane content or any content that couldconstitute or encourage conduct that would be considered a criminal offence,give rise to civil liability, or otherwise violate any law.
Pilotimakes no active effort to collect personal information from individuals who areunder the age of majority in their applicable country, state, and/orprovince. Piloti requires that website users be of legal age to enterinto agreements (typically, at least eighteen (18) years of age or older. Useof the piloti.ca website is void where prohibited by applicable law.
In itssole discretion, in addition to any other rights or remedies available toPiloti and without any liability whatsoever, Piloti at any time and withoutnotice may terminate or restrict your access to any component of piloti.ca.
UserName and Password
Your piloti.cawebsite 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 nameand password and for all activities that occur under your login name andpassword. For security reasons, you must keep your login name and passwordconfidential and not disclose them to any person or permit any other person touse them, except an authorized Piloti representative. Piloti recommends thatyou choose a password that is unique to you and not easily guessed by others. Rememberto choose a strong password, including numbers, capital letters, specialcharacters, etc., and is not typically found in a dictionary. Youshould change your password on a regular basis, and you must log out at the endof each session.
Alllogin names and passwords remain the property of Piloti, and may be cancelledor suspended at any time by Piloti without any notice or liability to you orany other person. Piloti is not under any obligation to verify the actualidentity or authority of the user of any login name or password.
Youmust immediately notify Piloti of any unauthorized use of your login name orpassword, or if you know or suspect that your login name or password has beenlost or stolen, has become known to any other person, or has been otherwisecompromised.
Prohibitionon Scripts, Bots, Third Parties, etc
Youshall not access or use the website by means of any automated program, expertsystem, electronic agent or “bot,” and shall not give any person or entityaccess to the website.
Youare prohibited from “scraping,” copying, republishing, licensing, or sellingthe data or information on the website if you do so for commercial purposes.
Ownershipof Usage Data
Pilotimay collect and aggregate data about your usage of the website, and Pilotishall be the sole owner of such information.
Ratings and Reviews
Pilotienables visitors to piloti.ca to provide Piloti with feedback by email orotherwise ("Customer Content"). If you provide Customer Content yougrant Piloti a non-exclusive, royalty-free, perpetual, irrevocable, and fullysub-licensable right to use, delete, reproduce, modify, adapt, publish,translate, create derivative works from, distribute, and display such CustomerContent 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 otherperson, without any liability whatsoever, and free from any obligation ofconfidence and you waive any and all moral rights in the Customer Content. Youalso grant Piloti the right to use the name you submit with the CustomerContent, if any, in connection with Piloti's rights hereunder.
Youremail or any other personal information you provide in connection with yourfeedback may be used to contact you regarding the information you have providedas well as for administration and/or other purposes as outlined in the Termsand Conditions and PrivacyPolicy.
Allprices quoted shall be based on the jurisdiction selected at timeof purchase and payablein the applicable currency of such selected jurisdiction and,unless otherwise stated, do not include applicable taxes.
Alladvertisements on the piloti.ca website are merely invitations for you topurchase goods or services and are not offers to sell by Piloti.
Pilotireserves the right to limit quantities; reject, correct, cancel or refuseorders, and to terminate accounts, in its discretion, including, withoutlimitation, if Piloti believes that customer conduct violates applicable law oris harmful to the interests of Piloti or any Third Parties.
Allsizes quoted are approximate. Some items shown may require assembly.
EXCEPTAS EXPLICITLY PROVIDED IN THESE TERMS AND CONDITIONS AS AMENDED FROM TIME TOTIME, COMPANY AND THE THIRD PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES OFANY KIND, EXPRESS OR IMPLIED, REGARDING PILOTI.CA AND/OR ANY CONTENT PROVIDEDON PILOTI.CA, ALL OF WHICH ARE PROVIDED ON AN "AS IS" AND "ASAVAILABLE" BASIS. COMPANY AND THE THIRD PARTIES DO NOT WARRANT THEACCURACY, COMPLETENESS, CURRENCY, RELIABILITY OR SUITABILITY OF THE OPERATIONOF PILOTI.CA, OR ANY OF THE CONTENT OR DATA FOUND ON PILOTI.CA, AND EXPRESSLYDISCLAIM ALL WARRANTIES AND CONDITIONS IN RESPECT OF PILOTI.CA, ITS CONTENT ORDATA, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESSFOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND THOSE ARISING BYSTATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE.
COMPANYAND THE THIRD PARTIES ARE NOT RESPONSIBLE FOR LATE, LOST, INCOMPLETE,ILLEGIBLE, MISDIRECTED OR STOLEN MESSAGES OR MAIL, UNAVAILABLE NETWORKCONNECTIONS, FAILED, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS,ON-LINE FAILURES, HARDWARE, SOFTWARE OR OTHER TECHNICAL MALFUNCTIONS ORDISTURBANCES OR ANY OTHER COMMUNICATIONS FAILURES OR CIRCUMSTANCES AFFECTING,DISRUPTING OR CORRUPTING COMMUNICATIONS.
COMPANYAND THE THIRD PARTIES ASSUME NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR,ANY DAMAGES TO, OR ANY VIRUSES AFFECTING YOUR COMPUTER EQUIPMENT OR OTHERPROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING ON PILOTI.CA OR YOURDOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO OR AUDIO FROM PILOTI.CA.
IN NOEVENT 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 TOLOST PROFITS OR LOST SAVINGS), WHETHER BASED IN CONTRACT, TORT, STRICTLIABILITY, OR OTHERWISE, WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITHANY USE OF PILOTI.CA OR CONTENT FOUND HEREIN, THE OPERATION OF THE WEB SITE, ORANY FAILURE OR DELAY IN THE OPERATION OF THE WEBSITE (INCLUDING, BUT NOTLIMITED TO THE INABILITY TO USE ANY COMPONENT OF PILOTI.CA FOR PURCHASES) EVENIF ADVISED OF THE POSSIBILITY OF DAMAGES.
FOR USRESIDENTS ONLY: BY ACCESSING THE SITE, YOU UNDERSTAND THAT YOU MAY BE WAIVINGRIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, ANDIN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ ANDUNDERSTAND, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THECIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICHPROVIDES AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICHTHE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIMEOF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLYAFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
IF,NOTWITHSTANDING THE FOREGOING, COMPANY OR ANY OF THE THIRD PARTIES SHOULD BE FOUNDLIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTEDWITH ANY OF THE FUNCTIONS OR USES OF PILOTI.CA OR ITS CONTENT, THE LIABILITY OFCOMPANY AND THE THIRD PARTIES SHALL IN NO EVENT EXCEED IN THE AGGREGATE $250CAD/100 US DOLLARS (as applicable). Some jurisdictions donot allow the exclusion or limitation of liability for consequential orincidental damages. In such jurisdictions, our liability is limited to (i) thegreatest extent permitted by law, or (ii) $250 CAD/100 US Dollars, whichever isless.
Youshall indemnify and save harmless Company and the Third Parties and theirrespective officers, directors, employees, consultants, representatives andagents from and against any claim, cause of action or demand, including withoutlimitation reasonable legal, accounting and other professional fees, brought asa result of your use of piloti.ca.
Youagree not to: (a) decompile, reverse engineer, disassemble, modify,reduce the website to human perceivable form or create derivative works basedupon the website or any part thereof; (b) disable any licensing or controlfeatures of the website; (c) introduce into the website any virus or other codeor routine intended to disrupt or damage the website, or alter, damage ordelete any materials, or retrieve or record information about the website orits users; (d) merge the website or materials with another program or createderivative works based on the website or materials; (e) remove, obscure, oralter any notice of the copyright or other proprietary legends on the websiteor materials; (f) sublicense, assign, translate, rent, lease, lend, resell forprofit, distribute or otherwise assign or transfer the materials or access tothe website to others; (g) use, or allow the use of, the website or thematerials in contravention of any federal, state, local, foreign or otherapplicable law, or rules or regulations of regulatory or administrativeorganizations; or (h) otherwise act in a fraudulent, illegal, malicious ornegligent manner when using the website. Except as expressly providedherein, Piloti and the third parties reserve all rights with respect to thewebsite, and may pursue all legally available options under both civil andcriminal laws (and may cooperate with law enforcement agencies) in the event ofany violations.
The piloti.caweb site contains links to web sites owned or operated by other entities whichare not associated or affiliated with Company or the Third Parties. These linksare provided solely as a convenience to you and the inclusion of any link doesnot imply endorsement, investigation or verification by Company or the ThirdParties of the linked web site or information contained therein or of theirsecurity or privacy practices. Company and the Third Parties shall not beresponsible for the content of any other linked web sites and makes norepresentation or warranty regarding any other web sites or the contents onsuch web sites. If you decide to access other web sites, you do so at your ownrisk.
Framingof the piloti.ca web site or any of its content in any form and by any methodis strictly prohibited.
Therelationship between Piloti and you will be that of independent contractors,and neither of us nor any of our respective officers, agents or employees willbe held or construed to be partners, joint ventures, fiduciaries, employees oragents of the other as a result of these Terms and Conditions or your use of piloti.ca.
ThisAgreement and its performance shall be governed by the laws of the Province ofOntario, Canada. You consent and submit to the exclusive jurisdiction of thecourts located in the City of Toronto, in the Province of Ontario, Canada, inall disputes arising out of or relating to the use of piloti.ca and these Termsand Conditions.
Additionalterms and conditions apply to purchases of products and services. Additionalterms and conditions may also apply to specific web site functions available onpiloti.ca.
TheseTerms and Conditions shall be deemed severable. In the event that any provisionis determined to be unenforceable or invalid, such provision shall nonethelessbeenforced to the fullest extent permitted by applicable law, and suchdetermination shall not affect the validity and enforceability of any otherremaining provisions.
Theheadings used in these Terms and Conditions are included for convenience onlyand will not limit or otherwise affect these Terms and Conditions.
Theparties have requested that these Terms and Conditions and all documentscontemplated hereby be drawn up in English. Les parties auxprésentes ont exigé que cette entente et tous autres documents envisagés parles présentes soient rédigés en anglais.
For further information, or inquiries about these Terms and Conditions, please contact: