Terms and Conditions

These Terms and Conditions constitute an agreement ("Agreement") between you ("you", "your", "user" or "Customer") and Pilot Central a division of Global Sat Phones, LLC ("COMPANY", "us", "we" or "our") for Internet aviation services and any related products or services ("Services").

Any of the following actions constitute your agreement, without limitation or qualification, to be bound by, and to comply with, the terms of this Agreement: (i) your initialization or registration of the Services through the COMPANY website (faapilotcentral.com) or through any of the Pilot Central domains (e.g. portal.faapilotcentral.com) (the COMPANY website and domains are collectively referred to herein as, the "Site"); or (ii) through the use of your Account and PIN (defined below); or (iii) your use of the Site.

1. Ownership. All Materials (defined below), Services, Accounts and content, including but not limited to policy information, text, software, music, sound, photographs, video, graphics, the arrangement of text and images, commercially produced information, and other material contained on the Site or through the Services ("Content"), are provided by COMPANY unless indicated otherwise. All intellectual property rights in the Materials, Content, Services and Accounts (including copyrights, trademarks, service marks, trade secrets and patents) are the property of COMPANY. COMPANY retains all copyrights in the individual pages, and their components, and collective works available at the Site.

The Materials, Content, Services and Accounts are copyrighted and are protected by federal and worldwide copyright laws and treaty provisions. They may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way without COMPANY's prior written permission.

Trademarks and copyrights including Pilot Central, and the COMPANY logo are the property of COMPANY. All other names and trademarks are the property of their respective holders.

2. License. You may download the materials (the "Materials") and/or Content found on this Site for use with the Services and/or Accounts. This is a license, not a transfer of title, and is subject to the following restrictions: unless you receive prior written consent from us and unless you receive any required regulatory approvals, you may not: (a) modify the Materials, Content, Services or Accounts or use them for any commercial purpose or any public display, performance, sale or rental; (b) decompile, reverse engineer, or disassemble software, Materials, Content, Services or Accounts; (c) remove any copyright or other proprietary notices from the Materials, Content, Services or Accounts; (d) unless otherwise provided herein, transfer or resell the Materials, Content, Services or your Account to another person. You agree to prevent any unauthorized copying of the Materials, Content, Services and Accounts.

3. Term. The term of this Agreement begins on the date we activate Services for your Account. This Agreement will continue for the term specified until terminated by either party pursuant to the terms hereof.

4. Order Acceptance Policy. Your submission of your order on the Site signifies acceptance by COMPANY of your order and the provision of your Account. COMPANY may verify orders to prevent fraud. Should COMPANY suspect the placement of a fraudulent order (even after you have received an email confirmation of acceptance of your order and the provision of your Account), COMPANY may contact you by email or telephone regarding such suspected fraudulent order and, in sole discretion, interrupt, restrict or terminate your Account without notice to you by COMPANY.

5. Use of Services and Account. You represent and warrant that you are at least 18 years of age or the applicable state age of majority and that you possess the legal right and ability to enter into this Agreement. You agree not to use the Materials, Content, Services and your Account for any unlawful or abusive purpose or in any way which interferes with our ability to provide Services to our customers, or damages our property.

Certain pages on the Site or the access to the Services and/or your Account may be accessed only by use of a Password ("PWD"). You are solely responsible for all uses of the Site and/or the Services and/or your Account with your PWD. You should change your (PWD) periodically. If your Services or Accounts are fraudulently used, you agree to immediately notify us of such unauthorized use. We have the right to interrupt, restrict or terminate Services to your Account, without notice to you, if we suspect fraudulent or abusive activity. You agree to cooperate with us in any fraud investigation and to use any fraud prevention measures we prescribe.

6. Charges. You are responsible for paying all charges to your Account for Services, including but not limited to, regulatory and government fees, and for all taxes and surcharges, including regulatory recovery fees, imposed on you or us as a result of your use of the Services.

Each service plan has (i) a flat annual service fee or a flat monthly service fee (this service fee, which is posted on the Site, is the basic charge associated with your Service.

COMPANY may charge additional fees for optional features, add-ons, and other added products and Services. Such fees are posted on the Site. Pilot Central reserves the right to change its pricing and/or billing practices in its sole discretion. COMPANY may introduce new products and Services at special introductory pricing. Introductory pricing may change at discretion by COMPANY.

Customers with past due balance on previous or multiple accounts will be charged the full balance due upon opening a new account or updating their credit or debit card on file.

7. Billing and Payment. Any applicable initiation fees and monthly recurring charges are billed in advance of the period of usage. Unless otherwise agreed to in writing, you are to pay for all charges by credit or debit card. Credit or debit cards will automatically be billed at the frequency you selected, and no additional notice or consent will be required for billings to that credit or debit card or account. You will advise us of any changes to your credit or debit card account, such as account number, billing address, or expiration date changes. Billing cycle end dates may change from time to time.

Time is of the essence for payment. Therefore, you agree to pay us interest at the lesser of (a) 18% per annum or (b) the highest amount allowed by law for any amounts unpaid as of the due date. Acceptance of late or partial payments (even if marked "Paid in Full") shall not waive any of our rights to collect the full amount due under this Agreement. Notice of any disputes must be in writing and received by us at our address within thirty (30) days after the invoice date or you will waive any objection.

8. Default/Termination. You may terminate this Agreement at any time within the Free Trial period. You may also terminate the program by giving notice prior to the next billing cycle in accordance with the immediately following procedure. You must give such notice of termination by logging into your account and going to the Account page and clicking on Cancel Membership. Upon receipt of your cancellation, indicating your desire to terminate this Agreement, we will terminate your membership and not charge your credit card on file beginning with the next billing cycle. We will send to you, by e-mail, a notice that your termination request was received. If you do not receive the email, we may not have received your termination notice. You may contact our Customer Support Department at 1-855-287-4568 to verify that the termination was received. Your termination request will be fulfilled at the end of your current billing cycle.

We may terminate this Agreement at any time without notice as provided herein.
If you fail to pay any amount owed to us within 5 days after the due date, or if you have in the past failed to pay amounts due us or an affiliate of ours, or if you breach any representation to us or fail to perform any of the promises you have made in this Agreement, or if you are subject to any proceeding under the Bankruptcy Act or similar laws, you will be in default and we may, in our sole discretion and with or without prior notice, restrict or terminate Services and/or terminate this Agreement, in addition to all other remedies available to us.

Upon termination of this Agreement and/or your Services, your right to use the Services immediately ceases. You shall have no right and we will have no obligation thereafter to forward any unread or unsent messages to you or any third party. We may require reactivation charges to renew Services after termination or suspension.

Upon termination, you are responsible for paying all amounts and charges owing under this Agreement.

Should your credit or debit card decline for any reason, we will attempt to charge it again as follows: 2nd attempt after 1 (one) day, 3rd attempt after 6 (six) additional days, 4th attempt after 7 (seven) additional days and 5th and final attempt after 7 (seven) more days. If the fifth attempt to bill your credit or debit card is unsuccessful on the 21st (twenty-first) day, your account will be terminated and we will notify you of such termination by email, by message sent to your voice mail box, or by telephone.

Accounts will be terminated if we are not able to confirm an order by phone and do not receive any replies from the account holder. A credit or debit card authorization form will be required to reactivate such accounts.

9. Account Changes. You may change Service features or Service plans by notifying us in writing or by telephone. All requests need to provide name, address, account number or be submitted from the original email address on file.

10. Modification to Prices or Billing Terms. COMPANY reserves the right, at any time, to change its prices and billing methods for Materials, Content, Services and Accounts, effective immediately upon posting on the Site or by e-mail delivery to you to occur at the end of your present term.

11. Modification; Assignment. We may change or modify this Agreement from time to time, but any such change (a) will be made in good faith, and (b) if significant (as determined in the sole discretion of COMPANY), will only be made after first providing you with notice of the change. You can review the most current version of this Agreement at any time at our Site faapilotcentral.com). If you do not agree to a significant change, you may terminate this Agreement by giving us written notice within 15 days of receipt of our notice of such significant change. No hand-marked changes on this Agreement or any amendment by you will be valid unless we accept the changes in writing. Delivery by facsimile transmission (fax) of a copy of a modification of this Agreement shall be effective as delivery of an original.

12. Assignment. We may assign all or part of our rights or duties under this Agreement in connection with a sale of all or substantially all the assets of Pilot Central to a third party without notice to you; provided any such third party shall be obliged to honor the terms of this Agreement. You may not assign this Agreement without our prior written consent.

13. NO WARRANTIES. THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS ARE PROVIDED "AS IS." WE MAKE NO WARRANTIES REGARDING THE MATERIALS, CONTENT, SERVICES AND ACCOUNTS WHATSOEVER AND DISCLAIM ANY AND ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OR TRADE. WE DO NOT AUTHORIZE ANYONE TO MAKE A WARRANTY OF ANY KIND ON OUR BEHALF AND YOU SHOULD NOT RELY ON ANY SUCH STATEMENT. THIS PARAGRAPH SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimers may not apply to you insofar as they relate to implied warranties. If you rely on the representations or warranties of any third persons with respect to the Services (including without limitation by dealers or resellers of the Services) beyond those made by COMPANY, your sole remedy for such reliance is against the third person making such representation or warranty.

14. LIMITATION OF LIABILITY. IN NO EVENT SHALL COMPANY ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR ANY DAMAGES, INCLUDING BUT NOT LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF OR RELATING TO (i) YOUR INABILITY TO USE THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (ii) YOUR MISUSE OF THE MATERIALS, CONTENT, SERVICES OR ACCOUNTS; (iii) NONPERFORMANCE OR A FAILURE OF THE SERVICES CAUSED BY ACTS OR OMISSIONS OF ANOTHER SERVICE PROVIDER, (iv) EQUIPMENT OR SOFTWARE FAILURE OR MODIFICATION; (v) TELECOMMUNICATIONS OR COMPUTER EQUIPMENT FAILURES, OR (vi) ACTS OF GOD, OR OTHER CAUSES BEYOND OUR REASONABLE CONTROL. THE FOREGOING SHALL APPLY EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. COMPANY ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNTS (1) WILL BE UNINTERRUPTED OR ERROR FREE; (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE, OR OTHER HARMFUL COMPONENTS; (3) IS SECURE; OR (4) WILL MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE, MATERIALS, CONTENT, SERVICES AND ACCOUNT.

IN NO EVENT SHALL PILOT CETRAL, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER BE LIABLE FOR INJURIES TO PERSONS OR PROPERTY ARISING FROM USE OF THE SERVICES, OR ANY EQUIPMENT USED IN CONNECTION WITH THE SERVICES.

IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, COMPANY SHOULD HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AND COMPANY AGREE THAT IN NO EVENT SHALL LIABILITY OF COMPANY TO YOU FOR ANY REASON EXCEED OUR SERVICE CHARGES DURING THE AFFECTED PERIOD GIVING RISE TO SUCH LIABILITY.

YOU AND PILOT CENTRL AGREE THAT THIS SECTION 14 OF THE AGREEMENT, "LIMITATION OF LIABILITY", IS AN AGREED ALLOCATION OF RISK BETWEEN YOU AND PILOT CENTRAL. YOU ACKNOWLEDGE THAT, ABSENT YOUR AGREEMENT TO THIS LIMITATION OF LIABILITY, COMPANY WOULD NOT PROVIDE THE SITE, MATERIALS, CONTENT, SERVICES, OR ACCOUNTS TO YOU.

THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

15. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER, HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, EXPENSES OR DAMAGES (INCLUDING ATTORNEYS' FEES), WHETHER KNOWN OR UNKNOWN, ARISING FROM, INCURRED AS A RESULT OF, OR IN ANY MANNER RELATED TO (A) YOUR USE OF THE SERVICES, (B) ANY OTHER PERSON'S USE OF ANY ACCOUNT OR PWD YOU MAINTAIN, REGARDLESS OF WHETHER SUCH USE IS AUTHORIZED BY YOU, OR (C) YOUR PROMISES OR STATEMENTS MADE IN THIS AGREEMENT. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE EFFECTIVENESS OF THE FOREGOING RELEASES. NOTWITHSTANDING THE FOREGOING, YOU SHALL NOT BE LIABLE FOR CLAIMS, EXPENSES OR DAMAGES ARISING FROM THE INTENTIONAL OR GROSSLY NEGLIGENT ACTS OF COMPANY OR ITS EMPLOYEES, AGENTS, CONTRACTORS OR REPRESENTATIVES. THIS INDEMNIFICATION SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW AND SHALL SURVIVE TERMINATION OF THIS AGREEMENT.

16. Force Majeure. Either party shall be excused from any delay or failure in performance hereunder, other than the payment of moneys, caused by reason of occurrence or contingency beyond its reasonable control, including without limitation, acts of God, earthquake, fire, flooding, riots, terrorism, war or government requirements.

17. Privacy. Privacy Policy of COMPANY is set forth on the Site (faapilotcentral.com).

18. Cooperation With Government Authorities. If necessary and in accordance with applicable law, COMPANY will cooperate with local, state, federal, international and/or worldwide government authorities to protect this Site, Materials, Content, Services, Accounts, visitors, customers, COMPANY, its parents, subsidiaries, affiliates and their respective members, managers, directors, officers, employees, stockholders and agents and operational providers, from the unauthorized use of this Site, Materials, Content, Services and Accounts.

19. Links to Other Materials. The linked sites are not necessarily under the control of COMPANY and COMPANY is not responsible for the content of any linked site or any link contained in a non-affiliated linked site. COMPANY reserves the right to terminate any link or linking program at any time. COMPANY has selected the links for your convenience. The selection or omission of links is not intended to endorse any particular companies or products. If you decide to access any of the third party sites linked to this Site, you do so entirely at your own risk. Any links to any portion of the Site shall be the responsibility of the linking party, and COMPANY shall not be responsible for notification of any change in name or location of any information on the Site.

20. Dealings With Advertisers. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. YOU AGREE THAT COMPANY, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE MEMBERS, MANAGERS, DIRECTORS, OFFICERS, EMPLOYEES, STOCKHOLDERS, AGENTS AND ANY UNDERLYING CARRIER ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS A RESULT OF ANY SUCH DEALINGS OR AS A RESULT OF SUCH ADVERTISERS ON THE SITE.

21. Notices. Except as otherwise provided in this Agreement, notices and other communications under this Agreement shall be in writing and shall be delivered, mailed by first-class mail, postage pre-paid or sent by facsimile or electronic mail, addressed, (a) if to you, at the address as kept in our files or at such other address as you shall have furnished to us in writing, or (b) if to us at 3350 Riverwood Parkway, Atlanta, GA 30339, attention Customer Support Department. Your notice must specify your name and Account. Each such notice, request or other communication shall be effective (i) if given by mail, 72 hours after such communication is deposited in the mails with first class postage prepaid, addressed as aforesaid, (ii) if sent by facsimile, when sent and receipt is telephonically confirmed or (iii) if given by any other means (including, without limitation, by air courier), when delivered at the address specified above. Oral notices shall be deemed effective on the date reflected in our records.

22. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia, excluding that body of law applicable to conflicts of law.

23. Jurisdiction and Venue. You and COMPANY agree that any suit, action or proceeding arising out of or relating to this Agreement shall be instituted only in a Georgia state or federal court sitting in Atlanta, Georgia, United States of America. You and COMPANY each waive any objection you or COMPANY may have now or hereafter to the laying of the venue of any such suit, action or proceeding, and irrevocably submit to the jurisdiction of any such court in any such suit, action or proceeding.

24. General Information. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed to reflect the parties' original intent, and the remaining portions shall remain in full force and effect.

25. Free Trial Period. COMPANY may from time to time offer a Free Trial Period for different terms. All terms and conditions within this agreement apply during the Free Trial Period. If you fail to cancel your account during the free trial period, your credit card will be charged for the offer charge, the activation fee, and any charges you incurred during the trial period and any applicable taxes. If you cancel your account prior to the expiration of the Free Trial Period, your credit card will not be charged. It is your responsibility to cancel your account by contacting COMPANY.

26. Gift Cards, Discount Cards, Partner Promotions and Coupons. Gift Cards, Discount Cards, Partner Promotions and Coupons have no cash value and are valid only for the purchase of a new account from COMPANY. If you subscribe to COMPANY Service using one of these methods we will still collect credit card information from you and your card will be charged when your Account Charges exceed the discount value. This Charge will occur when the difference between your Account Charges and the discount value exceeds your account’s Threshold Amount or in the first regular billing cycle in which the difference exceeds $0, whichever comes first.

You hereby consent to COMPANY publicizing the existence (but not the terms) of the relationship contemplated hereunder as a part of promotional and marketing activities from time to time by COMPANY.

27. Entire Agreement.
This Agreement constitutes the entire agreement between COMPANY and you with respect to your use of COMPANY Site, Materials, Content, Services and your Account, and it supersedes all prior or contemporaneous communications and proposals, whether oral or written, between COMPANY and you with respect thereto.

The failure of COMPANY to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.