Terms of Service
1. General. Welcome to www.ClimaDrive.com and www.ClimaDrive.app, websites of Pilot Training System, LLC. As part of our service, Pilot Training System, LLC agrees to provide you with information and other computer services subject to the terms of this Terms of Service Agreement. Upon notice published through the service, Pilot Training System, LLC may amend or modify these Terms of Service at any time. Use of the www.ClimaDrive.com and www.ClimaDrive.app websites and/or use of the ClimaDrive Installer and installed applications [collectively defined "Software"] signifies your agreement to the Terms of Service.
2. Rights. The Software defined above is owned and operated by Pilot Training System, LLC and may contain material that is derived in whole or in part from Pilot Training System, LLC and other sources and are protected by international copyright, trademark and other intellectual property laws. You may not modify, copy, reproduce, reverse engineer, decompile, disassemble, republish, upload, post, transmit or distribute in any way any material from Pilot Training System, LLC's websites, including code and Software. You may download Software (e.g., ClimaDrive Installer) from the www.ClimaDrive.com and www.ClimaDrive.app websites for your personal, non-commercial use only, provided you keep intact all copyright and other proprietary notices. This Terms of Service Agreement does not constitute, and shall not be deemed to constitute, a transfer, assignment or any other form of alienation by Pilot Training System, LLC of any of Pilot Training System, LLC's rights, title, and interests, either in whole or in part, in the Software, including without limitation ownership and title. Pilot Training System, LLC retains all rights not specifically granted to Licensee under this Terms of Service Agreement.
3. Limitation of Liability. Under no circumstances, including, but not limited to negligence, shall Pilot Training System, LLC or affiliates be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use Pilot Training System, LLC Software. You specifically acknowledge and agree that Pilot Training System, LLC is not liable for any defamatory, offensive or illegal conduct of any User or Licensee. You expressly agree to indemnify and hold Pilot Training System, LLC and each of its directors, officers, employees and agents harmless from and against any and all claims or remedies, suits, actions, liabilities and damages, whether in tort (and whether or not arising from the negligence of Pilot Training System, LLC), in contract or otherwise, including costs and expenses and attorney’s fees incident thereto, which may be suffered by, accrued against, charged to or recoverable from Pilot Training System, LLC or any of its directors, officers, employees and agents by reason of: (1) Pilot Training System, LLC’s enforcement of rights under this Terms of Service Agreement; (2) injury to or death of any person or loss or damage to property (tangible or intangible) arising from (but not limited to) use of the Software, or any products or services derived therefrom.
If you are dissatisfied with the Software, any material, or with any of Pilot Training System, LLC's terms and conditions, your sole and exclusive remedy is to discontinue using the Software, including the www.ClimaDrive.com and www.ClimaDrive.app websites and/or the ClimaDrive Installer and installed applications. In addition, Pilot Training System, LLC may allow you to purchase different types of products and services online that are provided by third parties. Pilot Training System, LLC is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. Your use of this site also signifies your release of Pilot Training System, LLC and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your use of these products or services.
4. Online Services and Disclaimer of Warranty. The online resources, informational content, and Software on the www.ClimaDrive.com and www.ClimaDrive.app websites is provided “AS IS”, AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABILITY OF ANY COMPUTER PROGRAM OR SOFTWARE, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF INFORMATIONAL CONTENT, OR SYSTEM INTEGRATION, OR NON-INFRINGEMENT. Pilot Training System, LLC assumes no responsibility for any data loss or other loss suffered by any User or Licensee of www.ClimaDrive.com and www.ClimaDrive.app websites, ClimaDrive Installer and/or installed applications. User is fully responsible for maintaining its computer equipment and Internet access to use the Software.
5. Disclaimer. Pilot Training System, LLC has provided links and pointers to Internet sites maintained by third parties. Neither Pilot Training System, LLC, nor its affiliates operate or control in any respect any information, products or services on these third-party sites. The materials in this site and the third-party sites are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Pilot Training System, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Pilot Training System, LLC does not warrant that the functions contained in the materials will be uninterrupted or error-free, that defects will be corrected, or that this site, including bulletin boards, or the server that makes it available, are free of viruses or other harmful components. Pilot Training System, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in this site or in third-party sites in terms of their correctness, accuracy, timeliness, reliability or otherwise. You (and not Pilot Training System, LLC) assume the entire cost of all necessary maintenance, repair or correction.
6. Registration. Certain areas of the www.ClimaDrive.app website are provided solely to registered Users of the website. Any User registering for such services agrees to provide true and accurate information during the registration process. Pilot Training System, LLC reserves the right to terminate the access of such Users should Pilot Training System, LLC know, or have reasonable grounds to suspect, that a User has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OF LEGAL AGE TO REGISTER. Children under the age of 18 shall not be permitted to register unless under the strict supervision of a legal guardian. Pilot Training System, LLC reserves the right to require valid credit card information as proof of legal age.
7. User account. Users will select a valid email address and password to complete the registration process. Users are fully responsible for maintaining the confidentiality of their email and password. User agrees to immediately notify Pilot Training System, LLC at email@example.com should User know, or have reasonable grounds to suspect, that the email and/or password have been compromised. Pilot Training System, LLC shall not be responsible for User’s failure to abide by this Paragraph.
8. Licensing. Pilot Training System, LLC licenses ClimaDrive on a per-User, per-machine basis, meaning that each license allows for ClimaDrive to be installed on no more than one computer at any one time and only by the Licensee. Licensees may evaluate ClimaDrive free for 30 days. This free 30-day trial period includes use of the www.ClimaDrive.app website, the ClimaDrive Installer and applications and associated files and documents that the ClimaDrive Installer installs on the Licensee's computer. After the free 30-day trial, the Licensee must input a valid credit card to obtain a one-year license. The Licensee may cancel at anytime by clicking "Delete Account" at https://www.climadrive.app/flightPlan, but Pilot Training System, LLC will not issue refunds nor pro-rated refunds to any Licensee who cancels after the free 30-day trial period. As part of this licensing agreement, Licensee accepts the sole and exclusive responsibility for: (1) selection, installation and use of the Software; (2) the results obtained from such use; and (3) the selection and use of, and the results obtained from, any other computer software, computers, other equipment or services used with the Software. LICENSEE AGREES NOT SELL, SUBLICENSE, SUBCONTRACT, RENT, LEASE, LEND, ASSIGN, DELEGATE OR TRANSFER, EITHER IN WHOLE OR IN PART, THE SOFTWARE, THIS AGREEMENT, ANY SOFTWARE KEY ISSUED BY LICENSOR TO LICENSEE, OR ANY RIGHT OR OBLIGATION OF LICENSEE UNDER THIS AGREEMENT.
9. Privacy. Users may delete their account anytime under "Account" at www.ClimaDrive.app, and all of their user information will be deleted from the ClimaDrive database.
10. Termination. This agreement is effective until terminated by Pilot Training System, LLC at any time without notice. In the event of termination, you are no longer authorized to access any web pages or software applications, and the restrictions imposed on you with respect to material downloaded from the web pages, the disclaimers and limitations of liabilities set forth in this agreement shall survive.
11. Entire Agreement; Amendments. This Terms of Service Agreement constitutes the entire agreement between Pilot Training System, LLC and you with respect to the subject matter contained herein and supersedes all previous and contemporaneous agreements, proposals and communications, written or oral. Pilot Training System, LLC may amend or modify this Terms of Service Agreement or impose new conditions at any time without prior notice. Such amendments and modifications shall be effective immediately upon notice thereof, which may be given by means including, but not limited to, posting on Pilot Training System, LLC. Any use of the service by you after such notice shall be deemed to constitute acceptance by you of such amendments, modifications or new conditions.
12. Governing Law. This agreement shall be governed by and construed in accordance with the laws of the State of Wisconsin without giving effect to any principles or conflicts of law.
13. Severability. If any provision of this Terms of Service Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions. Continued use of the ClimaDrive Software constitutes acceptance of these terms and conditions. If for some reason these Terms of Service are unacceptable to you, simply end your use of the Software.