2. Access to Site. To access this Site, Site resources, links, or other content, you may be asked to provide certain registration details or other information. 365Pilots will subject your registration request to an approval process. This approval process is solely discretionary with 365Pilots and cannot be appealed. It is a condition of your use of this Site that all the information you provide will be correct, current, and complete and that you have the legal capacity and authorization to agree to these terms. It is a condition of your use of this Site that drivers and managers keep Company up to date regarding drivers’ record incidences. If Company believes the information that you provide is not correct, current, or complete, Company has the right to deny access to this Site, or to any of its resources, and to terminate or suspend your access at any time. You must keep all documentation up to date, including, but not limited to, your driver’s license, certifications, general liability insurance, and professional liability insurance. You must not utilize another website for pilot car services.
4. Responsibility for Use of Website. 365Pilots grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of 365Pilots and Website Owner may terminate your use of this website at any time. You understand and agree that you are solely responsible for your actions and decisions to meet or enter into an agreement for services from people who you meet online by virtue of the services provided on 365Pilots. You understand that the Site calculates mileage based on mapping estimates, not based on actual mileage.
5. Hyperlinking. This Site may hyperlink to and be hyperlinked by other websites which are not maintained by, or related to, Website Owner. Hyperlinks to such sites are provided as a service to users and are not sponsored by, endorsed, or otherwise affiliated with this Site or Website Owner. Company has not reviewed any or all of such sites and is not responsible for the content of any linking sites, and any links made directly from a Site to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality, or accuracy of any such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
6. Subscription Agreement. We offer subscription plans (“Subscription”) with certain products or as a standalone purchase. A Subscription gives you access to certain services or content for 12 months (“Term”). The Term and each subsequent term automatically renews, without notice, for an additional 12-month period unless either party gives the other written notice of termination at least 30 days prior to the expiration date of the then-current term. You authorize us to store your payment method(s) and to automatically charge your payment method(s) every year until you cancel. We will automatically charge you the then-current rate for your Subscription, plus applicable taxes (such as but not limited to sales taxes, VAT or GST), every year upon renewal until you cancel. 365Pilots may immediately cancel your subscription without cause at any time, and you will receive a prorated refund of any prepaid amounts. You may cancel your Subscription at any time; however, there are no refunds for such cancellation, and you understand and agree that you shall receive no refund or exchange for any unused time of your Subscription. If your driver no-shows to a scheduled service without notifying the Site or the trucking company, then your account may be terminated immediately with no refund.
7. Managing Accounts. You may designate another user as your manager or as your driver. A user designated as a manager has control to book pilot cars, post loads, find a pilot car, pay invoices, create disputes, resolve disputes, and change banking details on your behalf. You are liable for any party’s reliance on information that you post. Therefore, it is important that you verify all information before posting to the Site. It is your responsibility to keep records up to date, include designating active drivers, and adding or removing manager permissions. You are solely responsible for managing your company and the provision of your services. You state that you are familiar with the applicable laws and that you will follow all laws applicable to your provision of your services to another user of this Site. You understand that many factors influence the wait times and loading that affect the provision of pilot car services, including loading, unloading, vehicle break downs, permits, and weather, which you should factor into any of your posts and offers.
8. Consent to Receive Calls/Text Messages. This Site uses promotional text messages. By subscribing to a service through this Site, you agree to receive automated promotional messages.
The number of text messages you receive will vary in frequency. We do not guarantee the successful delivery of text messages. Message and data rates may apply for any messages sent or received, which is determined between you and your wireless provider.
You may opt out of receiving promotional text messages by replying “STOP” from your mobile phone. After you send the “STOP” message, we will send you a text message confirming that you have been unsubscribed. If you want to receive text messages again, you will have to re-enroll. Text messages will be sent using an automatic dialing system to the mobile phone number provided to us.
You must immediately notify us if your mobile phone number changes. You indemnify us for any liability for any communication or transmission of information via text message which occurs as a result of a change to your mobile phone number that is not reported to us.
9. Warning re: Offensive Information. It is possible that other 365Pilots clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of 365Pilots, have access to personal information about you. 365Pilots, Website Owner, its employees, agents, affiliates, licensees, and web hosting services are not responsible for these transmissions or for the release of such information by others about you. 365Pilots may suspend a user who posts or submits obscene or offensive material on the site, to another user, or otherwise in relation to the 365Pilots, the Site or the Services.
10. Right to Monitor. 365Pilots and Website Owner reserve the right, but are not obligated, to monitor materials posted in any area of the Site and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the site.
11. Do Not Rely on Advice from 365Pilots. Opinions, advice, statements, or other comments should not necessarily be relied upon and are not to be construed as professional advice from 365Pilots or Website Owner. 365Pilots and Website Owner do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information. 365Pilots does not verify information from other members. It is your responsibility to verify such information, including but not limited to driver’s license status, certifications, general liability insurance, and professional liability insurance.
12. Ownership, Copyrights, Trademarks, Licenses. 365Pilots and Website Owner own and retain all proprietary rights to the 365Pilots service, its trademarks, and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of 365Pilots and Website Owner. By posting information to 365Pilots and Website Owner, you represent that you have the right to grant permission for use by 365Pilots and Website Owner.
If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:
(a) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
(b) A description of the copyrighted work that you claim has been infringed;
(c) A description of where the material that you claim is infringing is located on the Site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Our Copyright Agent for Notice of claims of copyright infringement on the Site is Mike Patel, who can be reached as follows:
By Mail: 807 S US75 Old Hwy, Sabetha, KS 66534
By Phone: 866-795-0150
By E-mail: email@example.com
13. Online Orders. When placing an order on the site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
You may also order services, such as pilot car services, from another user through the Site. Users may be pilot car companies, including managers and drivers, that offer pilot car driving services. Users may also be trucking companies requesting pilot car driving services. 365Pilots facilitates connections between such users by providing the Site where users can connect. 365Pilots also facilitates the payment and tracking of such services. The actual provision and receipt of the services is solely between users. 365Pilots charges a 7% transaction facilitation fee based on the net invoice amount. Generally, 365Pilots will notify users of account activity via email, so it is important that you accurately configure your email to receive such transactional notices.
Rates between users cannot be changed after confirmation by both users. Any changes to services after confirmation by both users must be approved in writing by both users. All services booked through the Site must be paid for through the site.
Pilot company may cancel a load if booked through the find a pilot page. Trucking company may cancel services booked through the Site with at least 24 hours advanced notice with no charge. Cancellations by Trucking Company made with less than 24 hours advanced notice will be subject to a cancellation fee.
14. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document).
You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges; and (iii) electronic payment provider charges (which are non-refundable). Payment may only be made with a valid credit card, debit card, or use of a bona-fide electronic payment provider (i.e., Stripe, PayPal). By using any such card or payment provider, you warrant your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation and in accordance with the terms of conditions of any such card or payment provider.
You grant us and our authorized third-party payment processor(s) the right to process payment for your purchase via the debit card, credit card, Stripe, PayPal® account, third-party payment provider, or reseller you provide, authorize, or maintain on your account. If your payment method fails, or if your account is past due (>15 days), we may collect fees owed using other collection mechanisms—this may include charging other payment methods on file with us or retaining collection agencies and legal counsel, the fees and cost of which you hereby agree to pay, and we may also terminate your subscription immediately without refund.
Website Owner will provide appropriate tax forms (1099) reflecting payments made to pilot car companies. Pilot company or driver are responsible to collect any sales tax related to the service of pilot car services in their appropriate jurisdiction.
15. Shipping Information. It is our responsibility to ship your accepted order, if applicable, to you at the address you provide when making the order. You will be responsible for all associated shipping & handling charges. While we agree to use reasonable efforts to meet the shipping and delivery dates provided online, we shall not be responsible for any delays in shipments.
16. Termination for Cause. We may terminate this Agreement for cause (a) upon written notice to the other Party of a material breach if such breach remains uncured at the expiration of 30 days from the date we send such written notice; or (b) if your payment method fails or your account becomes past due; or (c) if the other Party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, receivership, liquidation or assignment for the benefit of creditors. In no event will our termination for cause relieve you of your obligation to pay any fees payable to us for the period prior to the effective date of termination.
17. Limitations of Liability and Indemnification. By using any services provided by 365Pilots, you agree that in no event will 365Pilots, Website Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special, or consequential damages as a result of your accessing the website and using any of the services available. In no event shall 365Pilots be liable for falsified information from a user or liability related to the services provided by another member. Your sole remedy for any breach or default of this Agreement by 365Pilots or Website Owner shall be a return of any fees paid to 365Pilots or Website Owner for any services provided under this Agreement. Except for death or personal injury caused by negligence of 365Pilots, its employees, agents or authorized representatives, for which no limit applies, 365Pilots’s liability will be limited to the lesser of the value of payments made by you for the period of 12 months before the occurrence of the incident giving rise to the liability or $1,000.
You indemnify and agree to defend and hold harmless 365Pilots, Website Owner, its and their officers, employees, agents, affiliates, licensees, and web hosting services and third parties for any losses, costs, liabilities, and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of (i) your use of 365Pilots web sites contrary to these Terms; (ii) any breach of this Agreement; and (iii) any use by you of the Site’s material, content, services, or products other than as expressly authorized in this agreement; or (iv) your use of any information obtained from the Site; or (v) any contracts or services entered into with another member; or (vi) another member’s failure to perform under a contract or services; or (vii) your violation of any applicable law during provision of services to another. You agree to cooperate as fully as reasonably required by Website Owner in the defense of any Claims, including asserting any available defenses. We reserve the right to assume the exclusive defense and control of any Claims or matter otherwise subject to indemnification by you and you may not in any event settle any Claims without our prior written consent.
18. No Warranties. 365Pilots and Website Owner provide the 365Pilots services on an “as is” and “as available” basis and do not make any warranty, express, implied, limited, or other with respect to the services provided. Specifically, 365Pilots and Website Owner do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, that third party information posted is accurate or free of errors, or that any defects in the services will be corrected.
19. Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions. Website Owner does not provide any workers’ compensation insurance or liability insurance for the provision of services contracted between users.
Once you approve a confirmation of services, you may be legally bound to the other member to provide or pay for those services.
20. Service Standards. Users agree that all users will meet the following standards:
(a) No passengers are allowed in vehicle during provision of services.
(b) No pets are allowed in vehicle during provision of services.
(c) All drivers will be properly certified, sufficiently insured, and at least 18 years old.
(d) Users will render services in a professional and workman-like manner.
(e) Users will complete and sign trip sheet promptly after services.
(f) Users will comply with all applicable rules and not engage in any unlawful activity during the provision of services.
(g) User will keep a dash video camera running in their vehicle during the entire provision of service and will maintain a copy of the recording for at least two years following the service date.
(h) Pilot car companies will perform route surveys and, before confirmation by driver, will provide all photographs, route survey details, state forms, with all comments.
(i) Trucking companies will pay the final invoice within 48 hours of the scheduled services.
21. Disputes between Users. In order for 365Pilots to facilitate payments, it is important for users to promptly complete and sign trip sheets. If no dispute is filed with 48 hours after the service, 365Pilots will release payment to the service providing user and Trucking Company will be barred from filing a dispute.
Trucking company may file a dispute for any missed turns, wrong turns, and damage resulting from driver’s violation of Service Standards set forth in Section 20 above. Driver may file a dispute for any route details omitted from the route survey, In response to a dispute being filed, driver must submit a recording from the dash camera. Failure to upload such recording within 48 hours of being notified by email constitutes an admission that allegations in the dispute are accurate.
Any refund on Subscription, cancelation of services, or other amounts owed to a user may take up to 10 business days.
22. Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of Kansas, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before Nemaha County District Court in Seneca, Kansas, and you hereby consent to the jurisdiction of any such court.
23. Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.
25. Waiver. The failure of Website or Website Owner to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Website Owner must be in writing and signed by an authorized representative of the Website Owner.
26. Force Majeure. The Website Owner and Service Provider shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of Website Owner and Service Provider including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes, or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
27. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works, and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to users under this Agreement or prepared by or on your behalf in the course of performing the services shall be owned by Website Owner. Website Owner hereby grants you a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free basis to the extent necessary to enable Customer to make reasonable use of the services during the term of your subscription. 365Pilots is a trademark of A Patel Pilot Car Company, LLC, a Kansas limited liability company.