Date last updated 2020-10-10
Pilotbird, Inc. (“Pilotbird”)
1. Terms
By accessing Pilotbird’s web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trademark law.
2. Use License
Permission is granted to temporarily download one copy of the materials (information or software) on Pilotbird’s web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license, you may not: modify or copy the materials; use the materials for any commercial purpose, or for any public display (commercial or non-commercial); attempt to decompile or reverse engineer any software contained on Pilotbird’s web site; remove any copyright or other proprietary notations from the materials; or transfer the materials to another person or “mirror” the materials on any other server.
This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pilotbird at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
3. Legal Disclaimer
The materials on Pilotbird’s web site are provided “as is”. Pilotbird makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Pilotbird does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
4. Limitations
In no vent shall Pilotbird or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Pilotbird’s Internet site, even if Pilotbird or a Pilotbird authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
You specifically acknowledge and agree that Pilotbird is not liable for any conduct resulting from the use of our site or any site embedded within. As a condition of use of any of our sites, you agree to indemnify bold penguin, its service providers, suppliers, affiliates, employees, agents, officers and directors from and against any and all liabilities, business damages, expenses (including attorneys fees) and damages arising out of claims resulting from your use of our sites, including without limitation any claims alleging facts, that if true, would constitute a breach by you of these terms of use. If you are dissatisfied with any Pilotbird website content, product or service made available by any our sites, your sole and exclusive remedy is to immediately discontinue use of our sites.
5. Copyright and Trademark
Except where noted, the entirety of the contents contained on our web sites is the property of Pilotbird, its subsidiaries, affiliated companies or other third parties. The Pilotbird logo, “PB,” and the names of our products and services contained herein are trademarks, service marks or registered service marks of Kiwi Insurance Services, Inc., its affiliates or subsidiaries. By virtue of your use of any of our websites, products, or services, you agree not to use our copyrighted content anywhere for any purpose without prior written consent. If you download any content, you hereby agree to keep all copyright or other notices intact. You further agree not to duplicate the look and feel or design of any of our websites without our prior written consent. This includes a prohibition on use of material originating from any Pilotbird website, product, or service to start a competing company. These Terms of Use grant you no right, title or interest in the intellectual property of Pilotbird, its affiliates or subsidiaries. The right to use the content of any Pilotbird website is not transferable to any individual or entity. Additionally, you are not permitted to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works, transfer or sell any information, or content from any Pilotbird website, product, or service without express prior written consent. You may not use the content taken from any Pilotbird website, product or service to spam other parties of any kind. Information obtained from any Pilotbird website, product or service may not be portrayed in a light other than that originally published by Pilotbird without violating the Terms of Use. If you have an interest in licensing content or providing links from another website not owned or managed by Pilotbird, we can be reached at hello@pilotbird.com to make arrangements.
6. Revisions and Errata
The materials appearing on Pilotbird’s web site could include technical, typographical, or photographic errors. Pilotbird does not warrant that any of the materials on its web site are accurate, complete, or current. Pilotbird may make changes to the materials contained on its web site at any time without notice. Pilotbird does not, however, make any commitment to update the materials.
7. Online Account Access
Pilotbird maintains websites for various purposes, including the provision of products and services to our customers and partners. Portions of our sites may be restricted to those with access credentials provided by Pilotbird. If you have been given an account by Pilotbird, it is your responsibility to protect the security and confidentiality of those credentials at all times. If you believe someone has inappropriately accessed your account, immediately contact Pilotbird at hello@pilotbird.com
Any unauthorized access to sections of our sites, products or services is strictly prohibited and even the attempted unauthorized access may result in prosecution to the fullest extent of the law.
8. Links
Pilotbird has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pilotbird of the site. Use of any such linked web site is at the user’s own risk.
9. Indemnification
Pilotbird agrees to provide an interested party (a “Participant”) access to its website and online platform. The Participant shall indemnify, defend, and hold harmless Pilotbird, its affiliates, and their officers, directors, employees, and agents (the “Indemnified Parties”) for and from any and all third party losses, liabilities, damages, actions, claims, demands, settlements, judgments, and any other expense including, but not limited to, attorneys’ fees and expenses (collectively, “Damages”), which are asserted against, incurred or suffered by the Indemnified Parties and which arise out of: (a) the violation of any law, regulation, or other legal mandate, by the Indemnitor, its officers, directors, employees, or agents; (b) the breach by the Indemnitor, its officers, directors, employees, or agents of any covenant, condition, warranty, or representation contained in this Agreement; (c) the negligence, gross negligence, or willful or wanton misbehavior of the Indemnitor, its officers, directors, employees, or agents; or (d) any actual or alleged infringement by Indemnitor or its officers, directors or employees (and any materials provide hereunder by such parties) of a third party’s copyright, trade secret or other intellectual property rights; provided, however that the Indemnitor’s indemnification obligations shall be reduced to the extent that such Damages arise from the acts or omissions of the Indemnified Parties.
10. Binding Effect
This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns.
11. Force Majeure
No party shall be deemed to be in default of any provision of this Agreement for any failure in performance resulting from acts or events beyond the reasonable control of such party (“Force Majeure Events”). Such acts shall include, without limitation, acts of God, civil or military authority, civil disturbance, war, strikes, labour disputes, fires or other catastrophes, or other force majeure event beyond the party’s reasonable control. In the event of any Force Majeure Event, the disabled party shall use all reasonable efforts to meet its obligations as set forth in this Agreement.
12. Waiver
No waiver or modification of this Agreement or any covenant, condition, or limitation herein contained shall be valid unless in writing and signed by all parties. No evidence of any waiver or modification shall be offered or received in evidence in any proceeding unless such waiver or modification is in writing and signed as aforesaid. The provisions of this Section may not be waived except as herein set forth. The failure to insist upon strict compliance with this Agreement shall not be deemed a waiver nor shall any waiver of any right or power hereunder, at any one or more times, be deemed a waiver of such right or power at any other time or times.
13. Assignment
Neither this Agreement nor any rights or duties hereunder may be assigned or delegated by either party without the prior consent in writing of the other party. Each party shall provide to the other party such information relating to any permitted assignments or delegations hereunder, as reasonably requested by the other party.
14. Site Terms of Use Modifications
Pilotbird may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.
15. Governing Law
Any claim relating to Pilotbird’s web site shall be governed by the laws of the State of New York without regard to its conflict of law provisions. General Terms and Conditions applicable to Use of a Web Site.