Pilot Chemical Website Terms of Use

Please read these Terms of Use (the “Terms”) carefully before using http://www.pilotchemical.com (the “Site”) operated by Pilot Chemical Corp. or its affiliates (“Pilot”, "us", "we", or "our"). These Terms, which incorporate our Privacy Policy, set forth the legally binding terms of use for your use of the Site.

By accessing or using the Site in any manner, including, but not limited to, visiting or browsing the Site or contributing content or other materials to the Site, you agree to be bound by these Terms.

YOU SHOULD READ THESE TERMS AND OUR PRIVACY POLICY 
CAREFULLY BEFORE ACCESSING OR USING THE SITE.

You may access or use the Site only in compliance with these Terms. If you do not agree to be bound by and comply with these Terms, you may not access or use the Site. If you are accessing or using the Site on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these Terms. In that case, “you” and “your” will refer to both you as an individual and to that organization.

Intellectual Property

The Site and its content, features and functionality are owned by or licensed to Pilot and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. You do not acquire any right, title or interest in or to the Site or any associated content. Any rights not expressly granted to you in these Terms are expressly reserved.

Your Privacy

Any information you provide to us is subject to our Privacy Policy, which is incorporated into these Terms and governs our collection and use of your information. By accessing or using the Site, you consent to the collection and use of this information as provided by our Privacy Policy.

With limited exceptions identified in our Privacy Policy, we will not share your information with others for any purpose unless you specifically authorize us to. The manner in which we collect and use your information generally is explained in our Privacy Policy.

Account Security

If you create a Pilotchemical.com account (an “Account”), you agree that use of your Account is personal to you. Except as specifically permitted by these Terms, you may not distribute, transfer or otherwise provide your Account information and/or your Account password to any third party.

You can only create an Account using a verified email address provided to you by your employer. Pilot reserves the right to reject Account applications at its sole discretion. You should immediately notify Pilot of any unauthorized use of your Account by emailing us at info@pilotchemical.com.

Termination

Pilot reserves the right to suspend or terminate your access to the Site, with or without cause, and with or without notice. For example, we may suspend or terminate your use of the Site if you violate these Terms or if you use the Site in a manner that Pilot deems improper, in a way that would cause us legal liability, or in a way that disrupts others’ use of the Site. Our suspension or termination of your access to the Site may result in the forfeiture and destruction of all information associated with you, including your Account information.

Survival

All provisions of these Terms that by their nature should survive termination of your access to the Site shall survive such termination, including, without limitation, the provisions in the “Miscellaneous Legal Terms” section or relating to intellectual property, warranty disclaimers, indemnity, limitations of liability, arbitration, class actions or jury trials.

Third-Party Content and Links

Our Site may contain links to third-party sites that are not owned or controlled by Pilot. Pilot does not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party sites or services. Pilot expressly disclaims any endorsement or responsibility for any third-party site’s or service’s content, privacy policy or practices. We strongly advise you to read the terms of use and privacy policy of any third-party site that you visit.

Disclaimer

THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, FOR USE BY YOU AT YOUR OWN RISK, WITHOUT EXPRESS OR IMPLIED WARRANTY OR CONDITION OF ANY KIND. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, PILOT, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS, AGENTS, DISTRIBUTION PARTNERS, AFFILIATES, SUBSIDIARIES, CONTENT PROVIDERS, SERVICE PROVIDERS, VENDORS, LICENSORS, AND MERCHANTS (COLLECTIVELY THE “PILOT ENTITIES”) DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING ANY: (1) WARRANTIES THAT THE SITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE CERTAIN RESULTS; (2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR COMPLETENESS OF INFORMATIONAL CONTENT MADE AVAILABLE THROUGH THE SITE; AND (3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR SATISFACTORY QUALITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL PILOT OR THE PILOT ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL (INCLUDING LOSS OF USE, DATA, BUSINESS, OR PROFITS) DAMAGES, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT PILOT OR THE PILOT ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE, ARISING OUT OF, RELATING TO, OR IN ANY WAY CONNECTED WITH THE SITE OR THESE TERMS OF USE WHETHER DIRECTLY OR INDIRECTLY. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS OF USE IS TO STOP USING THE SITE.

Some jurisdictions do not permit limitations of liability and in those jurisdictions some of the foregoing limitations may not apply to you. These limitations shall apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Pilot and the Pilot Entities from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) brought by third parties arising out of, related to, or that may arise in connection with any actual or alleged violation or breach of any of the agreements made by you herein.

You also agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.

Your Responsibilities

If you create an Account, you agree to provide true, accurate and complete registration information, and you will promptly provide us with an update if any of this information changes.

Changes to the Terms

We reserve the right, at our sole discretion, to modify or replace these Terms of Use by posting the updated Terms on the Site. Your continued use of the Site after any such changes become effective constitutes your acceptance of the new Terms of Use. Please review these Terms periodically for changes. If you do not agree to these Terms or any changes to the Terms, you agree to discontinue your use of the Site immediately.

If there is a dispute about the Site or the Terms, the Terms in effect at the time the dispute arose shall apply.

Arbitration

You and Pilot each agree to first contact each other with any disputes and provide a written description of the problem, all relevant documents or information and the proposed resolution. You agree to contact us with disputes by emailing us at the email address provided in these Terms and by sending a letter to the physical address provided in our Privacy Policy. We will contact you based on the contact information you have provided us.

If you and Pilot cannot resolve any dispute after thirty (30) days, the party seeking to pursue a claim will submit the claim to arbitration consistent with this section. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose to have any disputes resolved through arbitration.

Any claim or dispute between you and Pilot, and any claim by either against any agent, employee, successor, or assign of the other, including third parties, whether related to these Terms or otherwise, including past, present and future claims and disputes, and including any dispute as to the validity or applicability of this arbitration clause, shall be resolved by binding arbitration administered by the JAMS under its rules and procedures in effect when the claim is filed. The rules and procedure and other information, including information and fees, may be obtained from JAMS’ website (www.jamsadr.com) or by calling JAMS at 949-224-1810.

You agree that accessing or using the Site is a transaction involving interstate commerce. These Terms and any related arbitration proceedings will be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1-16. Any award by the arbitrator(s) may be entered as a judgment in any court having jurisdiction.

Either you or Pilot may bring applicable claims in small claims court. Also, you and Pilot each agree that any arbitration will be solely between you and us, not as part of a class-wide claim. If any court or arbitrator determines this class-wide restriction is unconscionable or unenforceable, then our agreement to arbitrate doesn’t apply and the class-wide dispute must be brought in court.

No Class Actions

TO THE EXTENT ALLOWED BY LAW, YOU AND PILOT EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASSWIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY, OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

No Jury Trial

TO THE EXTENT ALLOWED BY LAW, YOU AND PILOT EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.

Miscellaneous Legal Terms

THESE TERMS AND THE USE OF THE SITE WILL BE GOVERNED BY DELAWARE LAW EXCEPT FOR ITS CONFLICTS OF LAWS PRINCIPLES. ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR USE OF THE SITE THAT ARE NOT GOVERNED BY THE ARBITRATION CLAUSE MUST BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS LOCATED IN HAMILTON COUNTY, OHIO, AND BOTH PARTIES CONSENT TO VENUE AND PERSONAL JURISDICTION THERE.

These Terms constitute the entire and exclusive agreement between you and Pilot with respect to your access to or use of the Site, and supersede and replace any other agreements, terms and conditions applicable to your access to or use of the Site. Your receipt of any products from Pilot is subject to the terms and conditions applicable to any such purchase.

These Terms create no third-party beneficiary rights.

Our failure to enforce a provision of these Terms is not a waiver of our right to do so later.

If a provision of these Terms is found unenforceable the remaining provisions will remain in full force and effect, and an enforceable term will be substituted reflecting our intent as closely as possible.

You may not assign any of your rights in these Terms, and any such attempt is void.

Pilot may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Site.

Pilot and you are not legal partners or agents; instead, our relationship is that of independent contractors.

Contact Us

If you have any questions about these Terms, please contact us at info@pilotchemical.com.

Last Updated: 7/7/14