TERMS OF USE FOR CUSTOMER PORTAL

Thank you for visiting the Pilot Flying J Customer Portal (“Portal”). This Portal is operated by Pilot Travel Centers LLC (hereinafter “Pilot”) for use by customers of Pilot (hereinafter “Client”).

OVERVIEW

Please take a few minutes to carefully review the following terms and conditions. By accessing, browsing and/or using this Portal, Client agrees to be bound by these terms and conditions, as they may be modified and placed on this Portal at any time by Pilot. If Client does not agree with any of these terms and conditions, do not use the Portal. These terms and conditions do not alter, modify or change any other agreement Client may have with Pilot, its affiliates or subsidiaries.  Pilot reserves the right to seek all remedies available by law and equity in the event of a violation of these terms and conditions.

PORTAL & TERMS OF USE MAY CHANGE

Pilot may, at its sole discretion, update, modify, change, add or remove the Terms and Conditions (or any part thereof) at any time and with or without notice.  Pilot may also change, terminate, suspend or discontinue any aspect of the Portal, including the availability of any features on the Portal with or without notice. Please check periodically for changes. Client’s continued use of the Portal following the posting of such changes constitutes Client’s agreement to be bound by the changes. Client agrees that Pilot shall not be liable to Client or to any third party for any modification, suspension or discontinuation of the Portal or Terms of Use.

CONTENT

All data, content, information and materials that may be found at and which comprise the Portal, including, but not limited to, customer information, account information, user information, logins and passwords, images, illustrations, graphics, photographs, audio clips, video clips, text, artwork, software or HTML code (collectively “Content”) are protected by privacy, confidentiality, trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by Pilot, its affiliates or third parties who have licensed such materials and content to Pilot.

All trademarks, service marks, names, trade names, trade dress, logos and images are registered and/or common law trademarks and service marks of Pilot. Use of the Portal in no way grants Client any rights or licenses to use such marks, logos, names or trade dress.

USE OF PORTAL

  1. License. Subject to the terms and conditions of this Agreement, Pilot agrees to provide Client access to Client’s customer information with Pilot through the Portal. Pilot grants to Client a limited, nontransferable, nonexclusive license for the term of this Agreement to access and use the Portal and the software used by Pilot at the Portal solely to access Client’s information. Client may display and print for its own use and for the use of Client’s information received via the Portal that pertains to Client and its business with Pilot. In the event Client is no longer a customer or partner of Pilot, Client shall immediately cease using the Portal.
  2. Restrictions on Use. Client shall not, directly or indirectly, (i) license, sell, lease, assign or otherwise transfer Content on the Portal or Portal software, (ii) alter or permit a third party to alter any part of the Content, Portal or Portal software; (iii) access or use any Content, information or materials of any third party available at the Portal; (iv) use or permit the use of the Portal, Content or Portal software except for the Client’s access to its own information; (v) distribute copies of information, materials or Content found on the Portal in any form (including by e-mail or other electronic means), without prior written permission, or (vi) disassemble, decompile, reverse engineer or otherwise attempt to derive source code or other trade secrets from the Portal software.
  3. Client Data. Client agrees that it is solely responsible for the accuracy of any and all information input by Client or provided to Pilot for use in conjunction with the Portal (the “Data”). Data shall not include anything that actually or potentially infringes or misappropriates the copyright, trade secret, trademark or other intellectual property right of any third party, violates the privacy rights of any third party, or contains anything that is obscene, defamatory, harassing, offensive or malicious.
  4. Passwords. Client is responsible for all use of its account and maintaining the confidentiality of all passwords and information. Sharing of passwords and account numbers and information is at Client’s own risk. Client is responsible for the security of all Data saved to the Portal.
  5. Compliance. Client agrees to comply with all applicable laws, statutes, rules and regulations relating to Client’s use of the Portal.

PRIVACY POLICY

Use of the Portal is also governed by the Pilot Privacy Policy at www.pilotflying.com which is incorporated into these Terms and Conditions by this reference.

CONFIDENTIALITY

The Portal includes non-public proprietary information of Client and Pilot. You agree not to disclose such information to third parties or to use such information for any purpose except as allowed in your Letter Agreement.

DISCLAIMERS

Pilot has taken reasonable efforts to ensure that the Content contained on the Portal is accurate. However, all Content is provided “AS IS,” and Pilot does not warrant and makes no representation that Content provided on the Portal is accurate, appropriate or applicable for use in locations outside of the United States.

Without limiting the foregoing, Pilot further disclaims and does not represent or warrant the following:

  • That the Portal will operate without interruption, errors defects, bugs, viruses or other harmful components or that any defects appearing on the Portal will be corrected.
  • Liability or responsibility or damage as to the correctness, completeness, reliability or accuracy in the representation Client’s information, including but not limited to, pricing, invoicing, payments, gallons, costs, savings, discount, and attached documents.
  • Liability or responsibility for damage, theft, loss, injury or claim of liability of any kind based on or resulting from any Content contained on the Portal or as a result of unauthorized access to, damage to or interception of any data or communications sent to or from, scraped from or stored on the Portal.
  • Liability or responsibility to any person, firm or corporation for any loss, damage, injury, claim or liability of any kind or character based on or resulting from any Data or Content contained on the Portal or the accidental release of such Data or Content.

Client expressly agrees that there shall be no third party beneficiaries to this Agreement.

DISCLAIMER OF WARRANTIES AND LIMITATIONS ON LIABILITY

  1. PILOT AND ITS AFFILIATES DO NOT MAKE, AND HEREBY DISCLAIM, ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR TRADE USAGE. PILOT DOES NOT WARRANT THAT THE PORTAL IS ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION OR WILL NOT CAUSE LOSS OF OR DAMAGE TO DATA STORED ON COMPUTING DEVICES ON WHICH IT IS INSTALLED. THE PORTAL MAY CONTAIN BUGS, ERRORS AND OTHER PROBLEMS THAT COULD CAUSE SYSTEM OR OTHER FAILURES AND DATA LOSS FROM A COMPUTER WITH WHICH THE PORTAL IS USED OR ACCESSED. SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
  2. UNDER NO CIRCUMSTANCES SHALL PILOT OR ITS AFFILIATES BE LIABLE FOR ANY TYPE OF DAMAGES OR CLAIMS RELATED TO THE PORTAL, INCLUDING BUT NOT LIMITED TO, INCIDENTAL, SPECIAL, PUNITIVE, INDIRECT OR CONSEQUENTIAL DAMAGES, EVEN IF PILOT OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIMS.

INDEMNITY

Client agrees to hold harmless and indemnify Pilot, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively “Pilot Indemnified”) from and against any third party claim arising from or in any way related to Client’s use of the Portal services, violation of this Agreement or any other actions connected with use of Portal services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Pilot will provide you with written notice of such claim, suit or action.

TERM

The license to access and use the Portal granted in these Terms of Use will terminate automatically in the event that Client is no longer a customer of Pilot as determined by Pilot. The license to access and use the Portal granted in these Terms of Use may be terminated at any time by Pilot, without notice to Client, in the event of a breach by Client.

APPLICABLE LAW

By accessing the Portal you agree that these terms and conditions and your use and access of the Portal is governed and interpreted solely pursuant to the laws of the state of Tennessee, U.S.A., without respect to conflict of law principles. You agree that the Portal shall be deemed solely based in Tennessee. You agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms and Conditions, the Privacy Policy and/or your use of the Portal shall be a state or federal court located in Knox County, Tennessee and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

These Terms and Conditions, and any other legal notices published by Pilot on the Portal, shall constitute the entire agreement between you and Pilot concerning use of the Portal.

If a court of competent jurisdiction deems any provision of these Terms and Conditions invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of this these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term, and Pilot’s failure to assert any right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.

 

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