Welcome to the Alpha 1/2/3/4/Top Gun course! (the “Course“). We are happy to have you on board. Before you start the Course, we would like to set a few ground rules to govern our relationship and your participation in the Course. Those rules are detailed below and they shall form a binding agreement between you and Pilot TLV (the “Company“).  Accepting these terms of use (“TOU“) is a condition to participation in the Course, so please note that if you have objections and you are not consenting to these TOU you may not enroll to the Course. By checking the appropriate box and submitting your consent, and/or by effecting payment for the Course, you are agreeing to these terms.

1. General
   • The registration to the Course is through the Company’s website https://www.pilots.co.il/ (the “Site“). The Course you are subscribing to is going to be provided online, through live sessions. using login information that will be sent to you after subscribing and completing the appropriate payment allowing you access to our course server(hereinafter, the “Course Site”). The Course is intended for people in the US only, and accordingly the class hours of the Course are adapted to US time zones.
   • In order to access the Course Site, you will need access to a flight simulation program, and you will receive instructions on how to download or otherwise access this program.
   • The Site, the Course Site and the Course are owned and operated by the Company.
   • Company reserves the right to change or modify or otherwise update these TOU at any time without prior written notice and its sole and absolute discretion. Company will notify You of any such changes by posting a notice on the Course Site, and any such modified and/or updated TOU will govern the Course and the use of the Course Site as of the publication thereof in the Course Site. No changes will be made to the TOU that materially adversely affect your participation in the Course, without your consent.
   • Company reserves the right, at any time and in its sole discretion, to modify, suspend or discontinue any part of the curriculum, any content or feature offered through the Course, with or without notice, and without any liability to Company; provided however that we will not make such changes or modifications that materially affect the overall learning value of the course.
   • In case of any conflict between these TOU and any applicable law, the applicable law shall govern, unless specifically stated otherwise in these TOU and the law allows deviation by consent.
   • Unless otherwise specifically stated, all prices quoted in the Site do not include any applicable local, federal or international value added taxes, sales taxes, and any other taxes, levies or dues that may apply from time to time, and those may be added to your cart according to your specific data. In such case, separate charges for taxes may be shown on the order confirmation or the invoice for each order as applicable. You shall be responsible for all sales tax, use tax, value added tax, goods and services tax, and any other taxes and duties associated with the order which may be charged in your jurisdiction.
   • Each Course will have a specific age minimum requirement, as shall be specified in our Site. You must be older than the specified age in order to participate in the Course. Any child under the age of 16 must use the Site and make any purchase in the Site with the help of an adult, using payment means owned by such adult.
   • These TOU are the entire agreement between Company and You relating to the subject matter herein and shall not be modified except as described herein.

 

2. The Course Material
   • During the Course we will provide you with additional materials to be used offline and/or independently by you, such as whitepapers, presentations, summaries, scripts etc. (collectively, “Course Material“.
   • We have put a lot of effort, knowledge and our expertise in developing the course material. Therefore you are not allowed to distribute the Course Material to any third party, you must only use them for your own personal use. You are not allowed to copy, distribute, translate, transmit, transfer or otherwise use the Course Material, other than as permitted herein.
3. Data Protection and Security
   • Your submission of personal information when registering to the Course or browsing the Course Site is governed by our Privacy Policy. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.
   • This Site uses encryption protocol PCI DSS Level 1 for securing the information transmitted through the Site.
   • Your payment card details or other payment service credentials are not stored by the Site, any payments that you make are processed through a third party service.
4. The Purchase
   • When making a purchase, You should ensure provision of full and accurate details. Make sure the items selected are indeed the items You wish to buy (such as the correct dates and times).
   • Company is entitled to make any credit checks or other security or clearance checks of your payment information prior to confirming any transaction. Any order will be complete and confirmed subject to completing the payment and only upon receipt of confirmation by the Company.
   • In case that for some reason the Course you selected will not be available for any reason after you completed the purchase, the Company will notify You and is entitled to propose alternatives to You such as to enroll to a Course starting another date or time, or receiving a refund. To the extent You choose not to accept any alternative proposed to You, the transaction will be cancelled and all of payments made by You will be refunded in full and Company shall have no liability to you with respect to such cancellation, other than the refund of payments made by you to Company on account of the cancelled order.
   • Company reserves the right to refuse any order in its sole discretion. In the event Company elects to cancel an order, The Company will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made.
   • Without derogating from the generality of the aforementioned, Company reserves the right to limit, refuse or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers or distributors or such that are made based on an error in the price or description of the Course subject to a full refund in case payment has been made.
   • From time to time the Site may offer sales or special offers. All such offers shall be valid until the last date set for such special offer, if specified, and/or until the items applicable for this offer are sold out, the earlier of which.
5. Cancellations and Refunds.
   • Any and all cancellation requests shall be made in writing, and submitted to the following email address: online@pilots.co.il. Any cancellation request that is not made in writing and not to the designated email address may not be treated.
   • Cancellation requests submitted as described above within up to two (2) business days prior to the starting date of the Course shall entitle for a full refund.
   • Cancellation requests submitted less than 2 business days prior to the starting date of the Course shall entitle for a 50% refund only.
   • Once a Course has started, there will be no refunds.
   • Gift vouchers purchased through the Site may not be redeemed for cash or credit.
   • Any requests, for example, for replacing a Course date, shall be treated in accordance with the Company’s sole discretion. Any deviation from the above cancellation policy is in good faith and is subject to the Company’s sole discretion, and shall not bind the Company in any way in any future treatment of other requests.

 

6. Intellectual Property and Content.
   • Unless otherwise noted, the Site, the Course Site and the Course, and all features, content and materials included therein, including curriculum, scripts, presentations, lectures, texts, images, animations, illustrations, designs, icons, photographs, video clips, audio streams or files and other content provided therein, including the Course Materials (collectively, the “Contents“) are the property of the Company. Any intellectual property rights embodied therein or in connection therewith, worldwide, including without limitation, copyrights, trademarks, trade dress, and any related goodwill and know how are owned, controlled or licensed by Company. Nothing in these TOU shall be construed as to grant any intellectual property rights to the Contents to any third party. Unless specifically granted in writing herein or otherwise, the subscribers shall have no rights whatsoever to use the Contents.
   • The Site and the Contents are intended solely for personal, non-commercial use. You may participate in the Course and use its Contents for your own personal gain and knowledge, but nor for any commercial purpose. You may not reproduce, publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents.
   • Unless otherwise specified, the Site and the Contents are intended to promote Company’s products and services available in the United States. The Site is controlled and operated by Company, from its offices at Cinema City Glilot, The Rav Meker building, Ramat Hasharon – 4710014.
7. Flight Recordings. You understand and agree that as part of the Course, your flights may be recorded for debriefing and review purposes, and you agree that your flights and debriefing /review may be presented in the forum of your classroom, where other students will be able to see them. You will not have these recordings available to you following the end of the Course. You will not have any rights, including copyrights or other intellectual property rights, in these recordings.

 

8. Third Party Software, Websites, Materials and Services
   • For the participation in the Course, subscribers shall be required to download software programs and/or component(s) to their computers, which are created, provided and maintained by a third party not related to the Company (the “Third Party Agent“). Any download, installment, and use of the Third Party Agent is subject to the terms and conditions of the third party providing such Third Party Agent to which the Company is not a party.
   • Any download of any third-party software component is under the sole discretion and liability of the subscriber. Company shall not have any liability in relation to any damages or losses occurring to any software, hardware or data due to downloading, installing or running of the Third-Party Agent.
   • Thorough the use of the Site you may be referred to third party pages/websites and /or services, such as links to third party sites, referral to the PayPal service or other payment processing service, third party player widget embedded in the Site etc. Such third party websites and/or services are governed by their own terms of use and privacy policies, and You should read them and ensure that they are acceptable to you prior to you use of such third party services.
   • The Course may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that the Company is not responsible for the operation of or content located on or through any such site, and your use thereof is subject to their own terms and conditions and privacy policies.
9. Hardware, Software and Network requirements.
   • To the extent there are minimum hardware, software or network requirements published for participation in a Course, it is the subscriber’s responsibility to ensure that they indeed comply with the minimum requirement. No deviation from the cancellation policy will be made on the account of not having the appropriate HW requirements.
10. Warranty Disclaimer; Limitation on Liability.
    • THE COURSE IS RECREATIONAL IN NATURE AND WILL NOT GRANT YOU ANY LICENSES PERMITS OR REQUIRED QUALIFICATIONS TO ACTUALLY FLY ANY CRAFT.
    • THE SITE, COURSE SITE AND COURSE (THE “ASSETS“) IS PROVIDED BY THE COMPANY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY RESPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YOU AGREE THAT YOUR USE OF THE ASSETS SHALL BE AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY LAW, COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE ASSETS AND YOUR USE THEREOF, INCLUDING WITHOUT LIMITATION, ANY AND ALL IMPLIED WARRANTEIS OF MERCHANTABILITY, REASONABLE CARE, COMPETABILITY, SEUCRITY, QUALITY, AVAILABLITY, COMPLETENESS, RELIABILTIY, ACCURACY, AND/OR FITNESS FOR A PARTICULAR PURPSOE. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THE SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE ASSETS, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR OTHER INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION OR COMMUNICATIONS TO OR FROM THE ASSETS, (V) ANY BUGS, VIRUSES, OR SIMILAR ROGUE PROGRAMS OR HARMFUL PROPERTIES THAT MAY BE TRANSMITTED TO OR THROUGH OUR ASSETS BY ANY THIRD PARTY, AND/OR (VI) 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 ASSETS. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY CONTENT, PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, THE COURSE MATERIAL, OR ANY LINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. WE ARE NOT RESPONSIBLE FOR TYPOGRAPHICAL OR OTHER ERRORS, INACCURACIES OR OMISISONS. YOU ACKNOWLEDGE AND ASSUME THE RISKS INHERENT IN USE OF THE ASSETS.
    • Limitation on Liability.
    • To the maximum extent permitted by applicable laws, Company’s liability toward You shall be limited to the total aggregate dollar amounts purchased by You through the Site within 12 months preceding any such claim giving rise to liability.
    • To the maximum extent permitted by applicable law, Company shall not be liable to You with respect to any indirect, incidental, consequential, punitive, exemplary or other indirect damages (including without limitation, loss of income, loss of business, loss of profit), that may be caused to You or to any third party, as a result of use of the Site, purchase of any items or Courses or participating in any Course or activity offered through the Site or Course, regardless of the cause of the claim (whether in torts, contractual, or otherwise), whether or not Company should have or was aware of the risk of such damages.
    • Any and all claims against Company must be made within 12 months as of the date of purchase of the item concerning which a claim is made. After such 12 months, the claim shall be time barred.

 

11. Applicable Law and Jurisdiction
    • The laws of the State of New York will govern these Terms of Use. Any Dispute relating in any way to your visit to or use of any Asset shall be first resolved in good faith by the parties, and if not resolved amicably within 45 days as of the submission of a Dispute resolution request to the following email of the Company info.online@pilots.co.il such Dispute shall be resolved in a confidential arbitration in New York City, New York, except (i) in regards to issues regarding violations of Company’s intellectual property rights (including goodwill and reputation), and which we may seek relief in any state or federal court, and (ii) the right to litigate any Dispute in small claims court, if all the requirements of the small claims court, including any limitations on jurisdiction and the amount at issue in the Dispute, are satisfied.
    • You and Company waive any right to a jury trial, or the right to have any Dispute resolved in any court, and instead accept the use of binding arbitration (except as set forth above). “Dispute” as used in these Terms of Use, means any controversy or claim arising out of or related to these Terms of Use, the subject matter of these Terms of Use, or your use of the Site, Course Site, Course, Course Materials and Content.
    • You and Company agree that any Dispute is personal to us, and that any such Dispute shall only be resolved by an individual arbitration and shall not be brought as a class arbitration, a class action, or any other representative proceeding. Neither you nor Company agrees to class arbitration, or an arbitration where a person brings a dispute as a representative of any other person or persons. Neither you nor Company agrees that a dispute can be brought as a class representative action whether inside or outside of arbitration, or on behalf of any other person or persons.
    • You can contact us in any matter regarding these Terms of Use or the any questions at info.online@pilots.co.il.