Terms & Privacy

Terms of Use and Conditions Agreement

 

Last Updated: February 1, 2022

 

THESE TERMS ARE IMPORTANT AND AFFECT YOUR LEGAL RIGHTS. PLEASE CAREFULLY READ THESE TERMS OF USE AND CONDITIONS PRIOR TO EXPLORING OUR WEBSITE OR BOOKING A LISTING OR PROPERTY THROUGH OUR WEBSITE. THESE TERMS CONTAIN A BINDING ARBITRATION CLAUSE. PLEASE READ THESE TERMS AND THE ARBITRATION PROVISION SO THAT YOU ARE AWARE OF YOUR LEGAL RIGHTS.

 

Pilot Vacation Homes, Unique Fly-In Accessible Getaways and Events

 

Section 1 – Introduction & Consent to Terms

 

Welcome to Pilot Vacation Homes LLC, an Illinois limited liability company (referred to herein as “PVH”, “we”, “us”, or “our”) Terms Use and Conditions Agreement (referred to herein as the “Terms” or the “Agreement”). PVH was founded by a group of passionate aviators seeking to create a community for other similar minded aviators to explore popular vacation spots, remote hideaways, and other destinations that are not easily found or accessible by traditional means. Thank you for visiting our website.

 

If you do not agree to these Terms, we ask that you please not use our Website or book a Property that is found on our Website (the “Services”). Your use of our Website or our Services constitutes acceptance of these Terms.

 

These Terms apply to all users of our website, https://www.pilotvh.com/ (“Website”), our mobile website, our social media accounts, now in effect or hereinafter created, and our Services. By using our Website, you agree to be bound by these Terms.

 

If you are using our Website on behalf of an entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or the entity violates these Terms.

 

We reserve the right to modify the contents of these Terms at any time. Any modification to these Terms will be notated at the top of these Terms. You agree that it is your responsibility to monitor changes to these Terms.


Section 2 – Privacy Policy

 

Please refer to our Privacy Policy which includes information about how we collect, use, and disclose information about you. If you are a California resident, please also review our additional privacy disclosures that are directed towards you.

 

In order to operate and provide the best experience on our Website, PVH may collect certain information about you. You acknowledge that when you use our Website, PVH may use various automatic means, which include but are not limited to cookies and web beacons, to collect information about your mobile device, computer, and about your use of our Website. By using our Website or booking our Services, you consent to all reasonable actions taken by PVH with respect to your information, subject to applicable laws.

 

Moreover, you explicitly agree that we may use any information we collect from you or information you provide to us in connection with our Website or Services for other reasons such as data analysis, developing new products or services, sending marketing campaigns, creating content, enhancing, improving or modifying our Services, identifying usage trends, determining the effectiveness of our campaigns and any reasonable reason(s) connected to our business, subject to applicable law.

 

Section 3 – Eligibility, Account, and Monthly Fees.

 

By using our Website, you represent and warrant that (a) you are at least eighteen (18) years old; and (b) you have the full power and authority to enter into these Terms. Our Services cannot be used by anyone under the age of eighteen (18), which is the minimum age for entering into contracts in the United States.

 

In order to be able to use, explore, and book through our Website, you are required to create and maintain an account tied to you or your company. By creating an account, you are to: (a) provide accurate and up to date information; and (b) promptly update your account if/when your information changes. It is your responsibility to ensure that your user account information is not shared with third parties and is kept private.

 

By signing up for an account, you are permitting us to contact you with deals, places to visit, and other items that we believe may be of interest to you. If you do not wish to receive these emails or other forms of communication, please unsubscribe and we will stop contacting you.

 

·        To be an active Guest (as defined below), we charge a monthly or annual fee in an amount that is shown on our Website at the time of sign-up (the “Community Fee”). The Community Fee is (a) a monthly subscription; or (b) an annual fee, and will continue until cancelled in accordance with these Terms. Guests can select the monthly or annual option, in their sole discretion. If the monthly option is selected, the Community Fee is charged on the 1st day of each month. An annual fee is charged upon sign-up and will renew on the anniversary of your sign-up. An annual fee offers guests a discount compared to the monthly rate of our monthly option. We reserve the right to change, modify, or remove our Community Fee at any time upon thirty (30) days written notice.

 

·        To be an active Host (as defined below), you have no monetary obligations to PVH. Instead, all Hosts are required to have at least one (1) active property on our Website. If you do not have at least one (1) active property on our Website, your account will be suspended. There are no payment options in lieu of having an active property as a Host

 

By providing a credit card or other form of payment for your Community Fee, you represent and warrant that you authorize us to charge your payment method for the full amount of the Community Fee. You agree that you are responsible to pay for and will pay for all such charges incurred related to your Community Fee. Failure to keep a valid payment method does not constitute cancellation of a Community Fee and your enrollment in our community will continue until cancelled in accordance with these Terms.


You may cancel your Community Fee at any time prior to the invoice date (the 1st of any month) by emailing us at support@PilotVH.com. Given possible delays, we recommend that you contact us at least 24 hours prior to the start of a new month. If cancellation occurs after the invoice date or after you are charged, a cancellation request will be processed for the next scheduled Community Fee. You are responsible for all charges incurred with respect to your Community Fee.

 

If you fail to pay the Community Fee, your account will be suspended which will prevent you from posting, viewing, exploring, or accessing most of our Website. If your account is suspended, your account must be brought to current in order to re-activate your account.

 

Section 4 - Services

 

Through our Website, we offer an online marketplace where users can list, book, search, and explore getaways which include vacation rentals and various types of properties and places to stay, most of which are not accessible by traditional means.

 

As the service provider of our Website, PVH does not own, manage, or operate any of the Listings (as defined below) that may be found on our Website. In addition, we do not pre-screen, verify, validate, or participate with the Host in any manner, except for providing general terms for them to follow, providing our Website for their use, and suspending or banning certain accounts or Listings that are not in compliance with these Terms.

 

PVH is a marketplace (or the middleman) between Hosts and Guests and is not a party to any of the transactions that take place on our Website. Instead, PVH collects a portion of the Fee (as defined below) charged by a Host. PVH does not and cannot ensure that the Host will actually complete the underlying transaction or that a Listing will be as represented. All representations made by a Host are that of the Host and not of PVH. Finally, PVH is not acting as an agent or broker of either Hosts or Guests and is an independent third-party.

 

Through our Website, there are two general types of users:

 

·        “Host(s)” (Hosts are people who offer bookings)

·        “Guest(s)” (Guests are people or entities who are looking to book a Property)

 

The rights and responsibilities of a user will depend if you are a Host or a Guest.

 

Section 5 – Host Responsibilities and Obligations

 

As a Host on our Website, you have the ability to share and rent your Property or Properties. Listings can include the rental of houses, condos, apartments, rooms, cabins, cottages, airplane hangars, hangar homes, airstrip camping, and many other housing or aviation related stays (a “Property” or “Properties”).

 

Hosts are also able to share events, places of interest, or destinations. All events, places of interest, or destinations posted by a Host are that of the Host and not of PVH. PVH does not verify any event or destinations that are submitted by a Host. If you decide to fly your aircraft into an event, place of interest, or destination, you do so at your own risk. Some information displayed may not be accurate or current and should not be considered valid for navigation, flight planning, or for use in flight. Please consult official publications for current and correct information.

 

As a Host, you are and agree to be responsible for and shall abide by all laws, rules or regulations applicable to property management and posting of content online. As a Host, you understand and agree that you are solely responsible for the maintenance, management, and representations you make concerning a Listing. All representations made by you are your responsibility and PVH shall not be liable nor responsible for any action or inaction by you.

 

Before posting a Listing, we strongly advise you to check all applicable laws, regulations, and contracts to ensure your compliance. In addition, it is advisable for you to hire an attorney to advise you as to the legality of your proposed operations.

 

When you accept a booking request by a Guest, you are entering into a contract with that Guest and not PVH. You are responsible for ensuring that your Guest receives what is represented in a Listing. As a Host, you represent and warrant that either you are the owner of the Property or that you have authority to list the Property on our Website.

 

Your relationship with PVH is that of an independent third-party and not an employee, partner, agent, or similar. PVH does not dictate what your Listing contains or how you operate or manage your Listing and you agree that you have complete control over whether to post a Listing, what is included on a Listing, the management of a Listing, and what terms a Guest must agree to and abide by, subject to these Terms.

 

When you post a Listing on our Website, you are required to include complete and accurate information about the Listing including, without limitation, the address of a Listing, airport or other transportation information, dates of availability, price, other charges (such as cleaning fees, deposits, etc.), rules, regulations, and any requirements that you have for the Listing. You are responsible for managing and keeping your Listing up to date and accurate. If there is inaccurate information on your Listing, this could negatively impact your Guest(s) experience or could be a reason for a dispute.

 

We recommend that you keep and obtain insurance for a Listing, but do not require you to do so. Failure to obtain and keep insurance for a Listing is at your own risk. It is highly recommended that a Host have a repairperson on-call for any emergencies. Failure to respond to reasonable Guest issues could result in a termination of a booking and a refund to the Guest.

 

Additional Host Responsibilities:


·        Hosts must effectively communicate to a Guest all rules and requirements for staying at a Property. This includes, without limitation: instructions, prohibited activities, check-in and check-out, and other rules;

·        Hosts must provide access to a Property and are solely responsible ensuring that Guest can gain access to the Property;

·        Hosts are required to vacate the Property before a Guest arrives, unless access transfer is being done in-person;

·        The Property must be clean and in good working condition prior to a Gust arrival.

 

As a Host, you are solely responsible for all tax related items. PVH does not withhold any payments or portion of payments other than what is being collected by PVH for providing the online marketplace. PVH also does not offer tax advice or suggestions.

 

Hosts are expected to be available by phone, text, or other agreed upon communication during a Guests stay at a Listing. Hosts can also use third-party agents who manage, control, or help with a Listing. Listings are expected to be safe, clean, and well-kept.

 

Listings must not contain any defamatory language, slurs, nudity, or other material that could be considered obscene or immoral. Although a user must be eighteen (18) to access our Website, it is highly recommended that all content on a Listing can be consumed by all ages since those under the age of eighteen (18) may inadvertently see a Listing or the content posted thereon. All pictures, content, or otherwise that is posted on a listing must be owned or licensed by a Host. Any third-party intellectual property claims or demands arising out of a listing is the Host’s sole responsibility. PVH reserves the right to suspend or terminate a Listing for violation of these Terms or for any reason in PVH’s sole discretion.

 

You are strictly prohibited from soliciting or inviting Guests who contact you to book your Listing off the Website. In the event that you solicit or invite Guests who contact you to book your Listing off the Website, PVH shall be entitled to collect its percentage free from you as a Host.

 

PVH has an explicit non-discrimination policy. Hosts are not permitted or allowed to discriminate against a Guest based on: race, ethnicity, sexual orientation, gender, gender identify, weight, or marital status. This specifically includes offering different terms to someone based on immutable characteristics of that person or persons.

 

Finally, as a Host, you acknowledge and agree that there is an explicit assumption of risk in booking, posting, managing, and interacting with Guests, which you are aware of, and have proceeded despite knowing of this risk. As such, you are solely responsible and have assumed the risk in posting and permitting others to book a Listing.

 

Section 6 – Guest Responsibilities and Obligations

 

As a Guest, you are able to book a Listing on our Website by (a) ensuring availability of the Host for your selected Listing; (b) agreeing with all of the requirements and terms set forth by the Host; and (c) booking and paying for your Listing, including all required deposits or otherwise.

 

Guests are also able to post events, places of interest, or destinations. All events, places of interest, or destinations posted by a Guest are that of the Guest and not of PVH. PVH does not verify any event or destinations that are submitted by a Guest. If you decide to fly your aircraft into an event, place of interest, or destination, you do so at your own risk. Some information displayed may not be accurate or current and should not be considered valid for navigation, flight planning, or for use in flight. Please consult official publications for current and correct information.

 

By booking a Listing, you agree to pay all charges included with the Listing, including all fees, taxes, service charges, or otherwise (the “Full Booking Charge”). This may include a security deposit, a damage hold, or other items required by a Host. Payment of the Full Booking Charge is due at the time of booking. Failure to pay the Full Booking Charge will preclude you from booking a Listing.

 

By booking a Listing, you are being granted a limited right to enter, occupy, use, or explore the Listing, subject to the terms and conditions as provided by the Host. You agree to abide by all rules and regulations as set by the Host, as well as these Terms. No transfer of title, interest, or otherwise shall come from your booking of a Property.

 

Once you book a Property, you will receive a confirmation email with most, if not all, of the necessary details. If you have any questions, please contact the Host.

 

Additional Guest Responsibilities:

 

·        Guests must leave a Property in the manner it was in which upon arrived (subject to normal use);

·        Guests are prohibited from stealing anything from a Property;

·        Unless otherwise agreed to, Guests must not exceed the total number of permitted occupants at the Property, Guests cannot bring animals to a Property (unless otherwise agreed to), and Guests cannot smoke at a Property (or if smoking is permitted, please only smoke in permitted areas);

·        Upon termination of a booking, please leave the Listing at the time specified in a booking otherwise you may be charged for an additional night.

 

Section 7 – Damage, Damage Claims, and Damage Resolution

 

As a Guest, you are solely responsible for any and all damage caused to a Property, including damage or loss caused by third-parties who enter the Listing on your permission. This includes lost, broken, or stolen property of the Host.

 

You hereby authorize PVH to place a hold on your credit card for damage protection, in an amount set by the host and presented to you at the time of a booking. (the “Damage Deposit”). If there is no damage claim at the end of your stay, the Damage Deposit will be fully refunded to the method of payment for the Damage Deposit.

 

If a Host submits damage reports, evidence (including but not limited to pictures and videos), and or invoices to PVH arising out of damage or other loss caused by a Guest or someone who enters a Listing on behalf of a Guest, each Guest hereby authorize PVH to charge some or all of the Damage Deposit to compensate a Host for damage caused, depending on the amount of damage or loss.

 

As a Guest, you will be given the opportunity to respond to a damage claim by a Host. Guests and Hosts are required to cooperate, in good faith, with the timely resolution of a damage claim. Unwillingness to cooperate may result in the damage claim being waived or the full amount of the damage claim being charged to you. If the Guest agrees to pay for the damage or loss caused, or if PVH determines, in its sole discretion, that the Host has submitted sufficient evidence to PVH to substantiate the damage or loss, PVH can use some or all of the Damage Deposit to resolve the damage claim by a Host, based on the type and amount of damage.

 

If the damage caused by a Guest or an invitee of a Guest exceeds the Damage Deposit, Guests, or their insurance carriers, if any, may be liable to a Host for additional damages. Guests and Hosts hereby understand that PVH is not a party to the transaction between a Guest and a Host and that PVH shall not be included in any claim, demand, or lawsuit arising out of damage caused to a Listing.


If you are having problems with a Listing, please first contact the Host. If the Host is unavailable or not responsive, please email PVH at support@PilotVH.com. We will endeavor to respond to all issues in a reasonable manner but it is important to note that some requests may only be remedied or handled by a Host. For example, if keys do not work or have been misplaced, the Host is the only party who can assist.

 

Section 8 – Additional Terms of Sale and Fees Charged by PVH

 

PVH makes money by charging Hosts a percentage of the revenue derived from a Listing and by charging users the Community Fee. Except as otherwise provided, all fees paid to PVH are non-refundable.

 

Posting a Listing is free. When a Guest books a Property through a Listing, PVH receives a ten percent (4%) service fee (a “Fee”) and the Guest is also responsible for the three percent (3%) credit card processing fee.

 

Section 9 – Cancellation & Refunds

 

All Hosts set their own cancellation policy, which includes the terms for rescheduling, cancellation, and refunds. If a Listing does not contain a cancellation policy, all bookings become non-refundable within seventy-two (72) hours of the expected arrival.

 

If your Host cancels your booking, we will first try to assist in finding you an additional, comparable accommodation. However, we cannot guarantee that one is available. If we are unsuccessful in finding you a comparable accommodation, you will be issued a full refund.



Section 10 – Intellectual Property.

 

The contents of our Website are protected by United States and international copyright laws. The contents of our Website are owned exclusively by PVH or licensed to us. You may not, and may not cause or encourage others to, reproduce, distribute, display, sell, transfer, assign, license or use for commercial purposes any copyrighted material on our Website (the “Intellectual Property”) without our prior written consent. All rights not expressly granted in these Terms are reserved to PVH.

 

PVH and its name, logos, slogans, or otherwise are trademarks or service marks ("Marks") of PVH. All rights in these Marks are reserved by PVH. You may not use any PVH-provided Marks or other logos or graphics, without our prior written consent, except that you have a license to use our byline on the footer of your website.

 

We grant to each user a limited, revocable, non-transferable and non-exclusive license to access and make personal use of our Website. This limited license does not include the right to: (a) republish, redistribute, transmit, sell, license or download the Website or any and/or all content except as is necessary to view and/or use our Website; (b) make any use of the Website or any and/or all content other than uses consistent with the Services or exploring the Services; (c) modify, reverse engineer or create any derivative works based upon either the Website or any and/or content; (d) collect account information for the benefit of yourself or another party; or (e) use software robots, spiders, crawlers, or similar data gathering and extraction tools, or take any other action that may impose an unreasonable burden or load on our infrastructure. You must retain, without modification, all proprietary notices on the Website or affixed to or contained in the Website.

 

Each Host grants to PVH a license to use, publish, advertise, market, and otherwise promote a Listing and all contents found therein. This license will only be revoked if a Listing is removed from our Website.

 

Any unauthorized use by you of the Website automatically terminates this license without prejudice to any other remedy provided by applicable law or these Terms.

 

Section 11 – Payment, Billing, Other

 

As a Host, you are required to set up an account on our Website and link your Stripe account. Payments are processed forty-eight (48) hours after check-out and funds are electronically deposited into the Host’s account within one (1) business day thereafter. Sometimes there are payment delays caused by the payment processor, which you acknowledge and accept.

 

As a Guest, when you provide payment information, you represent and warrant that the information you provide is accurate, that you are authorized to use the payment method provided, and that you will notify us of changes to the payment information. We reserve the right to utilize third party payment processing systems. By providing a credit card, you represent and warrant that you authorize us to charge your payment method for all charges you incur related to a Listing, including service charges, fees, damage holds, and other items that will be presented to you at the time of a booking. You agree that you are responsible to pay for and will pay for all such charges.

 

Section 12 – Your Content

 

If you send submissions of any kind, with or without a request from us, including ideas, suggestions, proposals, plans, or other materials, whether online, by email, or otherwise (“Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Submissions that you forward to us. This does not include any content from a Listing that you as a Host send to us. We are and shall be under no obligation (1) to maintain any Submissions in confidence; (2) to pay compensation to you for any Submissions; or (3) to respond to any Submissions. By you submitting Submissions to us, you hereby transfer and assign any claim to any rights that you may have had in those Submissions and do so with full acknowledgment of the same. You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. We take no responsibility and assume no liability for any Submissions submitted by you.


Section 13 – Third Party Links

 

Our Website and any content thereof may contain links to third-party websites or services that are not owned or controlled by us. PVH has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that PVH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services. By using our Website, you expressly waive us, our employees, agents, contractors, affiliates, successors and principals from all liability arising from your use of any third-party website.

 

We strongly encourage you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

 

Section 14 – Copyright Infringement

 

If you believe that your copyright has been infringed by PVH, please immediately send us a notice to support@PilotVH.com. We respond to notices of copyright infringement immediately and take any such allegations seriously.

In your email, please include the following:

·        Identification of the copyrighted work(s) that you claim has been infringed;

·        A description of the material that you claim is infringing and the location of that material;

·        Your address, telephone number and email address;

·        A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

·        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.



Section 15 – Term & Errors

 

These Terms will remain active and in full force and effect so long as they are posted on our Website.

 

Occasionally there may be information on our Website that contains typographical errors. PVH is not responsible for typographical or other errors on a Listing which are the sole responsibility of a Host.

 

Section 16 - Disclaimer

 

OUR website IS provided 'as is' and, to the extent permitted by applicable law, PVH and its directors, officers, employees, agents, and affiliates, exclude all representations or warranties of any kind, express or implied including, but not limited to, implied warranties of merchantability, satisfactory quality, and fitness for a particular purpose. We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of our website. WE DO NOT VERIFY THE IDENTITY OR PERFORM BACKGROUND CHECKS ON HOSTS OR PERFORM AN INQUIRY INTO A PROPERTY ASIDE FROM WHAT IS POSTED IN A LISTING. THE DISCLAIMERS IN THESE TERMS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

Section 17 – Limitation of Liability

 

PVH shall not be liable for delay or failure in performance for causes beyond our control or any other damage which does not result from a breach of our obligations under these Terms. PVH shall also not be liable for any issues regarding flying to or from a Property, event, destination, or otherwise, or any issues with your aircraft, landing spot, or similar. While generally not a dangerous form of travel, flying can be dangerous if not handled correctly. You are solely responsible for anything to do with your aircraft.

 

PVH SHALL NOT BE LIABLE TO YOU FOR INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL WE BE HELD LIABLE FOR DELAY OR FAILURE IN PERFORMANCE RESULTING FROM CAUSES BEYOND OUR REASONABLE CONTROL. EXCEPT FOR OUR OBLIGATION TO TRANSMIT PAYMENTS TO A HOST, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION EXCEED ONE HUNDRED DOLLARS ($100.00).

 

YOU AGREE THAT NO CLAIMS OR ACTION IN CONTRACT, WARRANTY, OR IN TORT (INCLUDING NEGLIGENCE) ARISING OUT OF, OR RELATED TO, THE USE OF OUR WEBSITE OR THESE TERMS MAY BE BROUGHT MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION RELATING TO SUCH CLAIM OR ACTION AROSE. IF YOU ARE DISSATISFIED WITH OUR WEBSITE, TERMINATION IS YOUR SOLE REMEDY. WE HAVE NO OTHER OBLIGATION, LIABILITY, OR RESPONSIBILITY TO YOU.

 

Section 18 – Indemnification

 

To the maximum extent permitted by applicable law, each Guest and Host agrees to defend, indemnify and hold PVH, its agents, employees, directors, officers, owners, etc. harmless for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand arising from (i) your use of the Website in violation of any law, rule, regulation, (ii) your breach of these Terms; (iii) your interaction with a Host or Guest; (iv) your stay at a Property or travel thereto; or (v) any intellectual property claims brought by a third-party against a Host arising out of what is posted on a Listing.

 

Section 19 – General Provisions

 

a.      Entire Agreement. These Terms contains the entire agreement between a Host, Guest, and PVH. 

 

b.      Waiver. The failure by PVH to enforce any provision of these Terms shall not be construed as a waiver or limitation of our right to subsequently enforce and compel strict compliance with every provision of this Agreement.

 

c.      Reservation of Rights. PVH reserves the right to seek reimbursement from a user for any damage, loss, or otherwise. PVH also reserves the right to cancel, suspend, or terminate a Listing for any reason.

 

d.      Relationship. Nothing in these Terms shall create, or is intended to create an agency, employment, franchise, joint venture, or partnership relationship between you and PVH.

 

e.      Applicable Law/Dispute Resolution. This Agreement shall be governed by the laws of the State of Illinois. Any dispute arising out of this Agreement shall be subject to binding arbitration, shall take place through JAMS, and shall take place in . The governing rules shall be the rules, then-implemented, by the American Arbitration Association commercial division.

 

f.       Force Majeure. We shall not be liable to a user for an inability to perform under this Agreement due to a Force Majeure that makes our actions impossible or impracticable. “Force Majeure” shall include but is not limited to fire, flood, earthquake, blizzard, embargo, war, act of war, insurrection, riot, civil commotion, strike, act of God, labor disturbance, government regulation, or other action that makes the Services or underlying reasons for entering into this Agreement impossible or impracticable. However, inability to pay is specifically not a force majeure.

 

g.      Severability. If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If an arbitrator or panel of arbitrators finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

 

h.      Updates. We recommend that you check the Terms periodically for updates.

 

Section 20 – Questions

 

If you have any questions or comments regarding these Terms, please feel free to contact us by email at support@PilotVH.com.