1. AGREEMENT TO THESE TERMS OF USE

LAST REVISED: July 29, 2020

PLEASE READ THESE TERMS OF USE CAREFULLY. Welcome to the services operated by Epicwin Ltd. (collectively with its affiliates, “OSC/PILOT” or “We”) consisting of the website available at https://www.oscpilot.com, and its affiliated websites, products or services offered by OSC/PILOT (the “Website”). Other services offered by OSC/PILOT may be subject to separate terms. OSC/PILOT may, at its discretion, update these Terms at any time. You can access and review the most current version of these Terms at the URL for this page or by clicking on the "Terms of Use" link at the bottom of each page of the Website or otherwise made available within the Website.

The Terms of Use apply whether you are a user that registers an account with the Website or an unregistered user. You agree that by clicking “Sign Up” or otherwise accessing or using the Website, you are entering into a legally binding agreement between you and OSC/PILOT regarding your use of the Website. You acknowledge that you have read, understood, and agree to be bound by these Terms of Use. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU SHOULDN'T, AND ARE NOT PERMITTED TO, ACCESS OR USE THE WEBSITE.

When using OSC/PILOT or opening an account with OSC/PILOT on behalf of a company, entity, or organization (collectively, “Subscribing Organization”), you represent and warrant that you: (i) are an authorized representative of that Subscribing Organization with the authority to bind that organization to these Terms of Use and grant the licenses set forth herein; and (ii) agree to these Terms of Use on behalf of such Subscribing Organization.

 

2. USE BY MINORS AND BLOCKED PERSONS

The Website is not available to persons under the age of 13. If you are between the ages of 13 and the age of legal majority in your jurisdiction of residence, you may only use the Website under the supervision of a parent or legal guardian who agrees to be bound by these Terms of Use.

The Website is also not available to any users previously removed from the Website by OSC/PILOT or to any persons barred from receiving them under the laws of the United States (such as its export and re-export restrictions and regulations) or applicable laws in any other jurisdiction.

BY USING THE SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OF AGE, THAT YOUR PARENT OR LEGAL GUARDIAN AGREES TO BE BOUND BY THESE TERMS OF USE IF YOU ARE BETWEEN 13 AND THE AGE OF LEGAL MAJORITY IN YOUR JURISDICTION OF RESIDENCE, AND THAT YOU HAVE NOT BEEN PREVIOUSLY REMOVED FROM AND ARE NOT PROHIBITED FROM ACCESSING THE WEBSITE.

 

3. PRIVACY POLICY

In addition to these Terms, OSC/PILOT’s Privacy Policy governs your access to and use of the Website. You agree that by using the Website you consent to the collection, use, and sharing of such information (as set forth in the Privacy Policy), including the transfer of this information within or to the United States and/or other countries for storage, processing, and use by OSC/PILOT, its affiliates, and its third-party business associates. 

 

4. ACCOUNT REGISTRATION

In order to open an account (an “Account”), you will be asked to provide us with certain information such as an account name and password. You agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Website’s registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or OSC/PILOT reasonably suspects that you have done so, OSC/PILOT may suspend or terminate your account.

You are solely responsible for maintaining the confidentiality of your account, your password and for restricting access to your computer. You are fully responsible for all activities that occur under your Account. You may not share your Account or password with anyone. You agree to notify OSC/PILOT immediately of any unauthorized use of your account or password or any other similar breach of security.

Unless expressly permitted in writing by OSC/PILOT, you may not sell, rent, lease, share, or provide access to your account to anyone else, including without limitation, charging anyone for access to administrative rights on your Account. OSC/PILOT reserves all available legal rights and remedies to prevent unauthorized use of the Website, including, but not limited to, technological barriers, IP mapping, and, in serious cases, directly contacting your Internet Website Provider (ISP) regarding such unauthorized use.

Access to the Website may require the use of your personal computer or mobile device, as well as communications with or use of space on such devices. You are responsible for any Internet connection or mobile fees and charges that you incur when accessing the Website.

 

5. TERMS OF SALE

You should carefully read the following Terms of Sale (“Terms of Sale”). By placing an order to purchase a product through the Website, you agree to be bound by this legal contract and you acknowledge that you are at least 18 years old or that you have the permission from your parents or a legal guardian to enter into this legal contract.

a. Pricing.

OSC/PILOT shall have the right at any time, prior to OSC/PILOT’s acceptance of your order, to withdraw any discount and/or to revise prices to take into account increases in costs including (without limitation) costs of any materials, carriage, labor or the increase or imposition of any tax, duty or other levy and any variation in exchange rates. Any prices, quotations and descriptions made or referred to on the Website are subject to availability, do not constitute an offer and may be withdrawn or revised at any time prior to OSC/PILOT’s express acceptance of your order (as described below).

b. Payment.

Some portions of the Website require payment of fees (the "Paid Services" including, without limitation, access to the Website). All fees are stated in United States dollars. You shall pay all applicable fees in connection with such Paid Services, and any related taxes or additional charges. Termination of your Account or your rights under these Terms may result in forfeiture of purchased Paid Services.

Different payment methods, such as credit card or direct debit, may be available to you when making a purchase through the Website. When you use third party payment and billing providers, such as PayPal, that provider’s additional terms, and costs, may apply. When you make a purchase, you may provide personal information to an independent third party payment processor, as further described in our Privacy Policy. If the payment processor is responsible for the treatment of your personal information, the collection, transmission and processing of your personal information will be governed by that payment processor’s privacy policy. We are not responsible for any damages relating to your placement of an order with a payment processor and, except as otherwise agreed, we will not provide refunds for such purchase. You are responsible for all such transactions and any associated charges. In addition, if a payment processor experiences a data breach that affects your information, we will not be responsible for such breach.

c. Currencies.

Depending on your country of residence, you may be able to choose from several different currencies to purchase goods online from OSC/PILOT.

d. Orders for Digital Content and Services.

By placing an order on the Website, you agree that you are submitting a binding offer to purchase a license to download and use a copy of the software. OSC/PILOT will collect sales tax and remit payment in accordance with state tax laws where digital goods are taxable. Your order is accepted and a contract concluded once OSC/PILOT has sent you a Confirmation Email (“Confirmation Email”).

e. All Sales are Final.

No refunds are permitted except with respect to any statutory warranties or guaranties that cannot be excluded or limited by law.

f. End User License Agreements

Purchase of the Software is in the form of a limited license and is subject to additional agreements, terms and policies, including but not limited to the applicable End User License Agreement. Except as provided in such other agreements:

​ I. Usage of terms like sell, sale, buy, purchase, or similar terms all refer to your acquisition of a license to use the Software, and do not represent any transfer of any right, title, or ownership interest of any kind.

​ II. You may not relicense, resell, transfer, or exchange license keys within or outside of the Website.​

III. Access to the Software is for your internal business use only and not for resale or to provide services to third parties.

IV. You agree that purchase of the Software is neither contingent upon the delivery of any future functionality or features nor dependent upon any oral or written commitments made by OSC/PILOT with respect to future functionality of features.

g. Force Majeure.

OSC/PILOT shall not be liable to you, nor held in breach of contract, for any loss or damage which may be suffered as a direct or indirect result of OSC/PILOT being prevented, hindered or delayed in the performance by circumstances beyond OSC/PILOT’s reasonable control including (but not limited to) any act of God, war, riot, civil commotion, government action, explosion, fire, flood, storm, accident, strike, lock-out, trade dispute or labor disturbance, breakdown of plant or machinery, interruption in the supply of power or materials and in such event OSC/PILOT may elect to cancel your order and refund any payments made.

g. Entire Agreement.

You acknowledge that these Terms of Use and Terms of Sale supersede and cancel all previous contracts or agreements whether oral or written, express or implied, between OSC/PILOT and you with regards to your ability to purchase goods or services from the Website. These Terms of Use and Terms of Sale prevail over any other terms or conditions contained in or referred to other agreements between the parties or implied by trade, custom or course of dealing. Any purported terms or conditions to the contrary are hereby excluded to the fullest extent legally permitted.

 

6. MODIFICATION OF THESE TERMS

OSC/PILOT may amend any of the terms of these Terms of Use and/or the Terms of Sale above by posting the amended terms. Your continued use of the Website after the effective date of the revised Terms of Use constitutes your acceptance of the terms.

For residents of the Republic of Korea, OSC/PILOT will provide reasonable prior notice regarding any material amendments to its Terms of Use.  All amendments shall become effective no sooner than 30 calendar days after posting; provided that any amendment regarding newly available features of the Website, features of the Website that are beneficial to the user, or changes made for legal reasons may become effective immediately.

 

7. RIGHTS

The Website is owned and operated by OSC/PILOT. Unless otherwise indicated, all content, information, and other materials on the Website (excluding User Content, set out in Section 8 below), including, without limitation, OSC/PILOT’s trademarks and logos, the visual interfaces, graphics, design, compilation, information, software, computer code (including source code or object code), services, text, pictures, information, data, sound files, other files, and the selection and arrangement thereof (collectively, the “Materials”) are protected by relevant intellectual property and proprietary rights and laws. All Materials are the property of OSC/PILOT or its subsidiaries or affiliated companies and/or third-party licensors. Unless otherwise expressly stated in writing by OSC/PILOT, by agreeing to these Terms of Use you are granted a limited, non-sublicensable license (i.e., a personal and limited right) to access and use the Website for your personal use or internal business use only.

OSC/PILOT reserves all rights not expressly granted in these Terms of Use. This license is subject to these Terms of Use and does not permit you to engage in any of the following: (a) resale or commercial use of the Website or the Materials; (b) distribution, public performance or public display of any Materials; (c) modifying or otherwise making any derivative uses of the Website or the Materials, or any portion of them; (d) use of any data mining, robots, or similar data gathering or extraction methods; (e) downloading (except page caching) of any portion of the Website, the Materials, or any information contained in them, except as expressly permitted on the Website; or (f) any use of the Website or the Materials except for their intended purposes. Any use of the Website or the Materials except as specifically authorized in these Terms of Use, without the prior written permission of OSC/PILOT, is strictly prohibited and may violate intellectual property rights or other laws. Unless explicitly stated in these Terms of Use, nothing in them shall be interpreted as conferring any license to intellectual property rights, whether by estoppel, implication, or other legal principles. OSC/PILOT can terminate this license as set out in Section 14.

 

8. USER CONTENT

OSC/PILOT allows you to use services, such as a forum, in which you may create, post, transmit, perform, or store content, messages, text, code, or other data on the Website (“User Content”).

a. License to OSC/PILOT

(i) Unless otherwise agreed to in a written agreement between you and OSC/PILOT that was signed by an authorized representative of OSC/PILOT, if you submit, transmit, display, perform, post, or store User Content using the Website, you grant OSC/PILOT and its sub-licensees, to the furthest extent and for the maximum duration permitted by applicable law (including in perpetuity if permitted under applicable law), an unrestricted, worldwide, irrevocable, fully sub-licenseable, nonexclusive, and royalty-free right to: (a) use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content (including without limitation for promoting and redistributing part or all of the Website (and derivative works thereof) in any form, format, media, or media channels now known or later developed or discovered; and (b) use the name, identity, likeness, and voice (or other biographical information) that you submit in connection with such User Content. Should such User Content contain the name, identity, likeness, and voice (or other biographical information) of third parties, you represent and warrant that you have obtained the appropriate consents and/or licenses for your use of such features and that OSC/PILOT and its sub-licensees are allowed to use them to the extent indicated in these Terms of Use.

b. User Content Representations and Warranties

You are solely responsible for your User Content and the consequences of posting or publishing it. You represent and warrant that: (1) you are the creator or own or control all right in and to the User Content or otherwise have sufficient rights and authority to grant the rights granted herein; (2) your User Content does not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right, or (b) defame any other person; (3) your User Content does not contain any viruses, adware, spyware, worms, or other harmful or malicious code; and (4) unless you have received prior written authorization, your User Content specifically does not contain any pre-release or non-public beta software or game content or any confidential information of OSC/PILOT or third parties. OSC/PILOT reserves all rights and remedies against any users who breach these representations and warranties. Without limiting the generality of the foregoing, OSC/PILOT shall have the right to remove any User Content that violates these Terms or that it deems objectionable.

c. Content is Uploaded at Your Own Risk

OSC/PILOT uses reasonable security measures in order to attempt to protect User Content against unauthorized copying and distribution. However, OSC/PILOT does not guarantee that any unauthorized copying, use, or distribution of User Content by third parties will not take place. To the furthest extent permitted by applicable law, you hereby agree that OSC/PILOT shall not be liable for any unauthorized copying, use, or distribution of User Content by third parties and release and forever waive any claims you may have against OSC/PILOT for any such unauthorized copying or usage of the User Content, under any theory. THE SECURITY MEASURES TO PROTECT USER CONTENT USED BY OSCPILOT HEREIN ARE PROVIDED AND USED “AS-IS” AND WITH NO WARRANTIES, GUARANTEES, CONDITIONS, ASSURANCES, OR OTHER TERMS THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS, OR OTHER CIRCUMVENTION OF SUCH SECURITY MEASURES.

 

9. PROHIBITED CONDUCT

YOU AGREE NOT TO violate any law, contract, intellectual property, or other third-party right; not to commit a tort, and that you are solely responsible for your conduct while on the Website.

You agree that you will comply with these Terms of Use and all of OSC/PILOT’s posted rules and community guidelines and will not:

1. create, upload, transmit, distribute, or store any content that is inaccurate, unlawful, infringing, defamatory, obscene, pornographic, invasive of privacy or publicity rights, harassing, threatening, abusive, inflammatory, or otherwise objectionable;
2. impersonate any person or entity; falsely claim an affiliation with any person or entity; access the Website accounts of others without permission; forge another person’s digital signature; misrepresent the source, identity, or content of information transmitted via the Website; or perform any other similar fraudulent activity;
3. send spam to users of the Website, including without limitation unsolicited advertising, promotional materials, or other solicitation material; bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, petitions for signatures, or any of the preceding things related to promotional giveaways (such as raffles and contests); and other similar activities;
4. harvest or collect email addresses or other contact information of other users from the Website;
5. defame, harass, abuse, threaten, or defraud users of the Website, or collect or attempt to collect, personal information about users or third parties without their consent;
6. delete, remove, circumvent, disable, damage, or otherwise interfere with (a) security-related features of the Website or User Content, (b) features that prevent or restrict use or copying of any content accessible through the Website, (c) features that enforce limitations on the use of the Website or User Content, or (d) the copyright or other proprietary rights notices on the Website or User Content;
7. reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of the Website or any part thereof, except and only to the extent that this activity is expressly permitted by the law of your jurisdiction of residence;
8. modify, adapt, translate, or create derivative works based upon the Website or any part thereof, except and only to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
9. interfere with or damage the operation of the Website or any user’s enjoyment of them, by any means, including uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code;
10. access any website, server, software application, or other computer resource owned, used, and/or licensed by OSC/PILOT, including but not limited to the Website, by means of any robot, spider, scraper, crawler, or other automated means for any purpose, or bypass any measures OSC/PILOT may use to prevent or restrict access to any website, server, software application, or other computer resource owned, used, and/or licensed by OSC/PILOT, including but not limited to the Website;
11. manipulate identifiers in order to disguise the origin of any User Content transmitted through the Website;
12. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; use the Website in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Website, or that could damage, disable, overburden, or impair the functioning of the Website in any manner;
13. use or attempt to use another user’s account without authorization from that user and OSC/PILOT;
14. attempt to circumvent any content filtering techniques we employ, or attempt to access any service or area of the Website that you are not authorized to access;
15. attempt to indicate in any manner, without our prior written permission, that you have a relationship with us or that we have endorsed you or any products or services for any purpose
16. buy, sell, or otherwise trade in user names or other unique identifiers on the forum.
17. hyperlink to images or other non-hypertext content on the forum on other webpages.
18. show any part of the forum on other websites with <iframe>.
19. encourage or help anyone in violation of these terms.
20. submit content to the forum as a mere placeholder, to hold a particular address, user name, or other unique identifier.
21. use the forum to disclose information that you don’t have the right to disclose, like others’ confidential or personal information; and
22. use the Website for any illegal purpose, or in violation of any local, state, national, or international law or regulation, including without limitation laws governing intellectual property and other proprietary rights, data protection, and privacy.

To the extent permitted by applicable law, OSC/PILOT takes no responsibility and assumes no liability for any User Content or for any loss or damage resulting therefrom, nor is OSC/PILOT liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography, or profanity you may encounter when using the Website. Your use of the Website is at your own risk. In addition, these rules do not create any private right of action on the part of any third party or any reasonable expectation that the Website will not contain any content that is prohibited by such rules.

OSC/PILOT is not liable for any statements or representations included in User Content. OSC/PILOT does not endorse any User Content, opinion, recommendation, or advice expressed therein, and OSC/PILOT expressly disclaims any and all liability in connection with User Content. To the fullest extent permitted by applicable law, OSC/PILOT reserves the right to remove, screen, or edit any User Content posted or stored on the Website at any time and without notice, including where such User Content violates these Terms of Use or applicable law, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Website at your sole cost and expense. Any use of the Website in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Website.

For Residents of the Republic of Korea, except in the case where OSC/PILOT reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, OSC/PILOT, and/or its affiliates (for instance, when providing notice harms the security of the Website), OSC/PILOT will without delay notify you of the reason for taking the relevant step.

 

10. COPYRIGHT

OSC/PILOT has adopted the following policy toward copyright infringement on the Website. If you believe that content residing or accessible on or through the Website infringes a copyright, please send a notice of copyright infringement containing the following information to support@oscpilot.com:

1. Identification of the work or material being infringed.
2. Identification of the material that is claimed to be infringing, including its location, with sufficient detail so that OSC/PILOT is capable of finding it and verifying its existence.
3. Contact information for the notifying party (the "Notifying Party"), including name, address, telephone number, and email address.
4. A statement that the Notifying Party has a good faith belief that the material is not authorized by the copyright owner, its agent or law.
5. A statement made under penalty of perjury that the information provided in the notice is accurate and that the Notifying Party is authorized to make the complaint on behalf of the copyright owner.

 

11. TRADEMARKS

All trademarks including, OSCPILOT and the OSC/PILOT logo, and any other product or service name, logo, or slogan used by OSC/PILOT, and the look and feel of the Website, including all page headers, custom graphics, button icons, and scripts, are trademarks or trade dress of OSC/PILOT, and may not be used in whole or in part in connection with any product or service that is not OSC/PILOT’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits OSC/PILOT, without our prior written permission.

All other trademarks referenced in the Website are the property of their respective owners. Reference on the Website to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by us or any other affiliation.

 

12. THIRD-PARTY CONTENT

The Website or users of the Website may provide links to other websites or resources. You acknowledge and agree that OSC/PILOT does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources ("External Materials"). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that OSC/PILOT shall not be liable for any damage or loss caused by or resulting from use of or reliance on any External Materials. Access and use of External Materials, including the information, materials, products, and services on or available through External Materials is solely at your own risk.

Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Website, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third party. You agree that OSC/PILOT shall not be liable for any loss or damage of any kind incurred as a result of any such dealings.

 

13. IDEA SUBMISSION

If you elect to provide or make available to OSC/PILOT any suggestions, comments, ideas, improvements or other feedback relating to the Website ("Suggestions"), OSC/PILOT shall be free to use, disclose, reproduce, have made, modify, license, transfer and otherwise utilize and distribute your Suggestions in any manner, without credit or compensation to you. 

 

14. TERMINATION

To the fullest extent permitted by applicable law, OSC/PILOT reserves the right, without notice and in our sole discretion, to terminate your license to use the Website (including to post User Content) and to block or prevent your future access to and use of the Website, including where we reasonably consider that: (a) your use of the Website violates these Terms of Use or applicable law; (b) you fraudulently use or misuse the Website; or (c) we are unable to continue providing the Website to you due to technical or legitimate business reasons. Our right to terminate your license includes the ability to terminate or to suspend your access to any purchased products or services, including any subscriptions. To the fullest extent permitted by applicable law, your only remedy with respect to any dissatisfaction with: (i) the Website, (ii) any term of these Terms of Use, (iii) any policy or practice of OSC/PILOT in operating the Website, or (iv) any content or information transmitted through the Website, is to terminate your account and to discontinue use of any and all parts of the Website.

For residents of the Republic of Korea, except in the case where OSC/PILOT reasonably considers that giving notice is legally prohibited (for instance, when providing notice would either (i) violate applicable laws, regulations, or orders from regulatory authorities or (ii) compromise an ongoing investigation conducted by a regulatory authority) or that any notice may cause harm to you, third parties, OSC/PILOT, and/or its affiliates (for instance, when providing notice harms the security of the Website), OSC/PILOT will without delay notify you of the reason for taking the relevant step.

 

15. DISPUTES

a. Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend, and hold harmless OSC/PILOT, its affiliated companies, and each of our respective contractors, employees, officers, directors, agents,  third-party suppliers, licensors, and partners, including but not limited to Maestro Interactive, (individually and collectively, the “OSC/PILOT Parties”) from any claims, losses, damages, demands, expenses, costs, and liabilities, including legal fees and expenses, arising out of or related to your access, use, or misuse of the Website, any User Content you post, store, or otherwise transmit in or through the Website, your violation of the rights of any third party, any violation by you of these Terms of Use, or any breach of the representations, warranties, and covenants made by you herein. You agree to promptly notify the OSC/PILOT Parties of any third-party claim, and OSC/PILOT reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify OSC/PILOT, and you agree to cooperate with OSC/PILOT’s defense of these claims. OSC/PILOT will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

b. Disclaimers; No Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) THE WEBSITE AND THE CONTENT AND MATERIALS CONTAINED THEREIN ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN WRITING BY OSCPILOT; (B) THE OSCPILOT PARTIES DISCLAIM ALL OTHER WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE WEBSITE, INCLUDING ANY INFORMATION, CONTENT, OR MATERIALS CONTAINED THEREIN; (C) OSCPILOT DOES NOT REPRESENT OR WARRANT THAT THE CONTENT OR MATERIALS ON THE WEBSITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE; (D) OSCPILOT IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO TEXT OR PHOTOGRAPHY; AND (E) WHILE OSCPILOT ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE WEBSITE SAFE, OSCPILOT CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE OR OUR SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OSCPILOT OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OSCPILOT OR THROUGH THE WEBSITE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

c. Limitation of Liability and Damages

i. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT SHALL OSCPILOT OR THE OSCPILOT PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF OR INABILITY TO USE THE SERVICES, THE CONTENT OR THE MATERIALS, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE ON ANY INFORMATION OBTAINED FROM OSCPILOT, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OSCPILOT’S RECORDS, PROGRAMS, OR SERVICES; AND (B) IN NO EVENT SHALL THE AGGREGATE LIABILITY OF OSCPILOT, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER. TO THE EXTENT THAT APPLICABLE LAW PROHIBITS LIMITATION OF SUCH LIABILITY, OSCPILOT SHALL LIMIT ITS LIABILITY TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

ii. Reference Sites

THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN OSCPILOT AND RECEIVED THROUGH OR ADVERTISED ON THE SERVICES OR RECEIVED THROUGH ANY REFERENCE SITES.

iii. Basis of the Bargain

YOU ACKNOWLEDGE AND AGREE THAT OSCPILOT HAS OFFERED THE SERVICES, USER CONTENT, MATERIALS, AND OTHER CONTENT AND INFORMATION, SET ITS PRICES, AND ENTERED INTO THESE TERMS OF USE IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND OSCPILOT, AND THAT THE WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND OSCPILOT. OSCPILOT WOULD NOT BE ABLE TO PROVIDE THE SERVICES TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

d. Applicable Law and Venue

(i) To the fullest extent permitted by applicable law, you and OSC/PILOT agree that if you are a Subscribing Organization or a consumer resident of a jurisdiction other than those in (ii) below, the following governing law and arbitration provision applies:

PLEASE READ THE FOLLOWING CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES WITH OSCPILOT AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM OSCPILOT.

You and OSC/PILOT agree to arbitrate any dispute arising from these Terms of Use or your use of the Website, except that you and OSC/PILOT are not required to arbitrate any dispute in which either party seeks equitable and other relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents. ARBITRATION PREVENTS YOU FROM SUING IN COURT OR FROM HAVING A JURY TRIAL. You and OSC/PILOT agree that you will notify each other in writing of any dispute within thirty (30) days of when it arises. Notice to OSC/PILOT shall be sent to: Epicwin Ltd. c/o LaPolt Law P.C.  9000 Sunset Blvd., Suite 800, West Hollywood, CA 90069. You and OSC/PILOT further agree: to attempt informal resolution prior to any demand for arbitration; that any arbitration will occur in Los Angeles County, California; that arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of JAMS; and that the state or federal courts in Los Angeles County, California have exclusive jurisdiction over any appeals of an arbitration award and over any suit between the parties not subject to arbitration. Other than class procedures and remedies discussed below, the arbitrator has the authority to grant any remedy that would otherwise be available in court. Any dispute between the parties will be governed by this Agreement and the laws of the State of California and applicable United States law, without giving effect to any conflict of laws principles that may provide for the application of the law of another jurisdiction. Whether the dispute is heard in arbitration or in court, you and OSC/PILOT will not commence against the other a class action, class arbitration, or other representative action or proceeding.

(ii) If you are a resident in any jurisdiction in which the provision in the section above is found to be unenforceable, then any disputes, claims, or causes of action arising out of or in connection with these Terms of Use shall be resolved by competent civil courts in Los Angeles County, California.

e.  Claims

YOU AND OSCPILOT AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.

 

16. MISCELLANEOUS

If we fail to exercise or enforce any right or provision of these Terms of Use, it will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by the relevant party. If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from these Terms of Use to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions. These Terms of Use, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by OSC/PILOT without restriction. Any assignment attempted to be made in violation of this Terms of Use shall be void. Upon termination of these Terms of Use, any provision which, by its nature or express terms should survive, will survive such termination or expiration, including, but not limited to, Sections 7, 8, 11, 12, and 15-16. The Terms of Use, which incorporate the Privacy Policy, is the entire agreement between you and OSC/PILOT relating to the subject matter herein and will not be modified except by a writing signed by authorized representatives of both parties, or by a change to these Terms of Use made by OSC/PILOT as set forth in Section 6 above.