Terms and Conditions

Please read these Terms carefully.

 

Section 23 contains a binding arbitration agreement and a class action waiver. They affect your legal rights, including your right to file a lawsuit in court and to have a jury trial, and your right to participate in a class action. You may opt out of arbitration within 30 days as described in Section 23.10.

 

Section 15 limits our liability to you.

 

If you do not agree with all terms, conditions, policies, and practices in these Terms and Conditions and our Privacy Policy, you must not access, use, or purchase anything from this website.

 

1. ACCEPTANCE OF THESE TERMS

 

These Terms and Conditions (the “Terms”), along with our Privacy Policy, govern your access to and use of the websites (including pilotinstitute.com, learn.pilotinstitute.com, lms.pilotinstitute.com, community.pilotinstitute.com, and webpages hosted on third-party learning, community, and other types of platforms), and the online, desktop, mobile, virtual reality, and augmented reality applications, courses, community, and services owned or operated by Pilot Institute LLC, an Arizona limited liability company (“Pilot Institute,” “we,” “us,” or “our”) (collectively, the “Services”).

 

By creating an account, enrolling in any course (free or paid), purchasing any product, posting any content, or otherwise using the Services, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated by reference.

 

If you do not agree, do not use the Services.

 

If you are entering into these Terms on behalf of a company or other entity, you represent that you have authority to bind that entity, and “you” refers to that entity.

 

 

Information provided by Pilot Institute, its employees, contractors, or associates, whether in writing, in videos, through the Services, or through any AI features, is for educational and informational purposes only. It does not constitute legal, medical, financial, or professional advice.

 

Nothing in the Services is a substitute for aircraft documentation, FAA regulations, NOTAMs, weather briefings, aeronautical decision-making, maintenance guidance, or the guidance of a certificated instructor. Do not rely on the Services for preflight planning, in-flight decision-making, maintenance decisions, or emergency procedures.

 

You are solely responsible for verifying all information against official FAA materials, current regulations, and manufacturer documentation.

 

3. ELIGIBILITY AND GEOGRAPHIC SCOPE

 

You must be at least 18 years old to use the Services. If you are under the age of majority in your jurisdiction, you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms.

 

The Services are intended only for individuals located in the United States. Our courses and materials are specific to the United States Federal Aviation Administration (“FAA”). They are not a substitute for, and do not satisfy, the requirements of Transport Canada or any other non-U.S. aviation authority. 

 

We do not direct any Services to residents of any other jurisdictions, including residents of any European countries or territories, and we do not intentionally collect personal data from any individuals in those jurisdictions. If you are not located in the United States, you must not use the Services, create an account, enroll in a course, or provide us personal information. If we learn we have collected personal information from an individual outside of the United States, we may delete it and close the associated account.

 

If you access the Services from outside the United States, you do so on your own initiative and are solely responsible for compliance with the laws of your jurisdiction.

 

4. ACCOUNTS

 

You agree to provide accurate, current, and complete information and to keep it updated. You are responsible for safeguarding your credentials, and for all activity under your account.

 

Each account is licensed to a single individual only. Account sharing is prohibited. You may not use one account or license for multiple people, or display course content to groups without our prior written permission. We monitor account activity and may revoke access for violations.

 

Please notify us immediately at [email protected] of any unauthorized use.

 

5. GUARANTEES; REFUNDS; GIFT CARDS

 

5.1 – 30-Day Satisfaction Guarantee

 

We offer a 30-day, 100% satisfaction guarantee on paid courses. If you are not satisfied, we will refund your course purchase within 30 days of purchase. However, we reserve the right to decline a refund if you have completed more than 80% of the course.

 

5.2 – $175 First-Attempt Test Guarantee

 

We offer a $175 money-back guarantee on certain paid courses if you fail the corresponding FAA knowledge test on your first attempt. To qualify, you must demonstrate that you:

 

  • completed 100% of the course;
  • scored above 80% on at least two of our practice examinations;
  • took and failed the corresponding FAA test on your first attempt.

 

This guarantee is limited to one payment per purchase. If your course was refunded, you are not eligible.

 

5.3 – Free Courses

 

Free courses may be viewed at no charge. However, we reserve the right to charge for currently free courses in the future. Access to free courses and downloadable content may be time-limited, and may be revoked at any time.

 

5.4 – “Lifetime Access”

 

“Lifetime access” means access to the purchased product for so long as Pilot Institute continues to operate and offer that product.

 

5.5 – Promotional Gift Cards

 

From time to time we may offer a $25 or $75 promotional gift card (“Gift Card”) to students who complete certain paid courses (currently, Part 107 Made Easy and Private Pilot Made Easy) and post about us on social media.

 

Gift Cards are purely promotional. They are issued at no cost to you, without any purchase or payment of consideration, and are conspicuously identified as promotional at the time of issuance. They are not purchased or sold, and cannot be purchased from us.

 

Eligibility:

 

  • Limit of one Gift Card per student.
  • The qualifying course must be a paid course designated by us as eligible.
  • Your social media post must be genuine, publicly visible, and remain posted.
  • We may use your social media post in our advertising and marketing without any further consideration to you, and you acknowledge and agree that your post is included in and subject to the license you grant us in Section 8.1 below.
  • If the qualifying course is refunded, you are not eligible, and we reserve the right to void any Gift Card already issued.

 

We reserve the right to modify, suspend, or discontinue this promotion at any time. If we choose to do so, it does not affect Gift Cards already issued.

6. LICENSE AND INTELLECTUAL PROPERTY

 

6.1 – Our Rights

 

All content on, incorporated into, or related to the Services, including without limitation, all videos, text, images, quizzes, question banks, PDFs, graphics, software, trademarks, and course materials (collectively, “PI Content”) is owned by Pilot Institute or its licensors, and is protected by copyright, trademark, and other laws.

 

6.2 – Your License

 

Upon enrollment or purchase, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable right and license to access and view the PI Content for your own personal, non-commercial study and use. Enrollment conveys no ownership of any PI Content or intellectual property.

 

6.3 – Restrictions

 

You may not:

 

  • copy, reproduce, distribute, publish, sell, resell, rent, lease, or sublicense any PI Content;
  • create any derivative works from any PI Content, including adaptions, translations, AI voice-overs or other AI or AI-assisted works, subtitle files, or versions with added or replaced branding;
  • re-record, re-brand, or publicly display or perform any PI Content;
  • reverse engineer, decompile, or attempt to extract source code or content files;
  • circumvent access controls or digital rights management;
  • access the Services via bots, spiders, crawlers, scrapers, or other automated means;
  • scrape, harvest, index, or bulk-download any PI Content;
  • frame, mirror, or archive any PI Content except as expressly permitted; or
  • share your account or credentials.

 

If you download any PI Content through an approved application, you may do so for personal, non-commercial use only, and you agree to permanently delete all downloaded materials upon completion of the course(s) or termination of your access.

 

6.4 – Enforcement

 

You acknowledge that unauthorized use of any PI Content or our intellectual property may cause irreparable harm for which monetary damages are inadequate. You agree that we may seek injunctive relief, including a temporary restraining order or preliminary or permanent injunction, in addition to all other remedies available at law or in equity, including damages, attorneys’ fees, and costs. Section 23 (Arbitration) does not limit our right to seek injunctive relief in court to protect PI Content and our intellectual property.

 

7. PROHIBITED CONDUCT

 

You may not use the Services:

 

  • for any unlawful purpose or to solicit unlawful acts;
  • to violate any law, regulation, or ordinance;
  • to infringe the intellectual property rights of any person or entity;
  • to harass, abuse, threaten, defame, disparage, intimidate, or discriminate;
  • to submit false or misleading information;
  • to transmit viruses, malware, or destructive code;
  • to collect or track the personal information of others;
  • to spam, phish, pharm, pretext, spider, harvest, crawl, or scrape;
  • for any obscene or unlawful purpose;
  • to interfere with or circumvent the security features of the Services; or
  • to cheat on any assessment or to violate academic integrity requirements.

 

Your violation of any the above, or of any restrictions set forth in Section 6.3, may result in the immediate suspension or termination of your account, without notice or refund.

 

8. USER-GENERATED CONTENT

 

8.1 – Your Content

 

You retain ownership of any content you submit (“UGC”). By submitting any UGC, you grant Pilot Institute a worldwide, non-exclusive, perpetual, irrevocable, transferable, sublicensable, and royalty-free right and license to host, store, use, reproduce, modify, adapt, publish, post, translate, distribute, transmit, broadcast, disseminate, publicly perform, and publicly display your UGC in connection with operating, improving, advertising, marketing, promoting, and securing the Services.

 

8.2 – Your Representations

 

You represent that your UGC does not infringe or violate any third-party rights, is not defamatory, unlawful, abusive, or obscene, and contains no malicious code. You may not misrepresent your identity or the origin of your UGC.

 

8.3 – Our Rights

 

We have no obligation to monitor UGC, but we may, in our sole discretion, monitor, edit, refuse, or remove UGC that we determine violates these Terms or is otherwise objectionable. We assume no liability for any UGC posted by you or any third party.

 

8.4 – Feedback

 

If you send us ideas, suggestions, or feedback, you agree that we may use them without restriction, confidentiality obligation, or compensation to you.

 

9. AI FEATURES

 

Study aid only. AI features may produce inaccurate or misleading output. See Section 2. Do not use AI output for flight, maintenance, or safety-critical decisions.

 

No rights in output. You obtain no ownership or license in AI output. Viewing within the Services for study is permitted; reproduction or external use requires our prior written permission.

 

Your inputs. You must not submit inputs you lack the rights to submit, including copyrighted materials, confidential information, exam banks, or DRM-protected works. You represent and warrant that you hold all necessary rights to your inputs.

 

Academic integrity. You may not use AI features to obtain answers during graded assessments unless expressly permitted. We may monitor and analyze activity to enforce integrity requirements.

 

Data. Our processing of information in connection with AI features is described in our Privacy Policy, including your right to opt out of AI model training (if applicable).

 

Enforcement and indemnity. We may remove content, suspend accounts, and cooperate with rights holders and authorities. You agree to defend, indemnify, and hold us harmless from claims arising out of your inputs or misuse of AI features.

 

10. COMMUNITY

 

We may create a profile for you when you enroll in a course. Your profile may list the courses you have enrolled in, whether you graduated, and whether you achieved a perfect examination score. Other members may search for your profile and see this information.

 

The community leaderboard is publicly accessible.

 

We may change how leaderboard points and perks are awarded, remove points at our discretion (including for spam or bulk activity), withdraw perks, or remove the leaderboard entirely, in each case in our sole discretion and without notice. Our systems may fail to record activity accurately, and we may be unable to retroactively assign points.

 

 

We may provide access to third-party tools that we do not monitor or control. Such tools are provided “as is” and “as available,” without any warranties, representations, conditions, or endorsement of any kind. Your use of all third-party tools is at your own risk, and you should review the terms of the applicable third-party provider.

 

Third-party links may direct you to sites not affiliated with us. We do not warrant and are not responsible for any third-party materials, sites, products, or services. Complaints regarding any of these should be directed to that third party.

 

12. E-COMMERCE, BILLING, AND ORDERS

 

Prices for the Services are subject to change without notice. We may modify or discontinue any of the Services, or any other products, services, coupon codes, or features at any time without notice and without any liability whatsoever.

 

We may refuse or cancel any order, and we may limit quantities per person, household, or order. We may limit or prohibit orders that appear to be placed by dealers, resellers, or distributors.

 

You agree to provide current, complete, and accurate purchase and account information, and to update it promptly when any such information changes.

 

Credit card information is encrypted in transit and processed by third-party processors (such as Stripe and PayPal). Other content may be transmitted unencrypted across networks and may be adapted to technical requirements of connecting networks.

 

From time to time we ship drone stickers to customers at no charge, subject to availability and without warranties of any kind. We may print a portion of your registration number on the envelope to facilitate fulfillment.

 

13. ACCURACY OF INFORMATION

 

We are not responsible if any information on or regarding the Services is inaccurate, incomplete, or out of date. Materials on or regarding the Services are provided for general information purposes only, and should not be the sole basis for your decisions without separately consulting primary, more accurate, or more timely sources. Any reliance is at your own risk.

 

The Services may contain historical information provided for reference only. We may modify the Services at any time, but have no obligation to update any information.

 

We may correct errors, inaccuracies, or omissions, and may change or update information or cancel orders, including after an order has been submitted, if any information was inaccurate, all without prior notice.

 

14. AFFILIATE PROGRAM

 

Affiliates are subject to these Terms, any terms imposed by our learning management system, and any affiliate welcome letter. Enrolling in or using the affiliate program constitutes acceptance.

 

We have sole discretion over who may become or be an affiliate, and we may revoke affiliate access at any time, for any reason, without any liability whatsoever.

 

  • Affiliates earn no commission on free courses, lead-generation assets, community enrollments (free or paid), TRUST program signups, or our AR, VR, and mobile applications.
  • Affiliate cookies are set for 7 days. Sales may not be credited where the user changes browsers or devices or clears cookies. Commission is paid only where the affiliate cookie is present at checkout. Coupon code usage alone does not attribute a sale.
  • Affiliates earn commission only on non-refunded transactions. Refunds reduce affiliate earnings. We do not pay on fraudulent transactions or where any unauthorized or illegal promotional techniques or methods were used (including without limitation, spam).
  • Affiliates may not run paid advertising (including Google, Bing, Meta, TikTok, or LinkedIn) without our express written permission; post affiliate links or codes to coupon websites; or send affiliate links to email or SMS lists without our permission. Only organic social and organic search traffic are permitted by default.
  • Affiliates must comply with all applicable laws, including the FTC Endorsement Guides, and must clearly disclose the affiliate relationship with us.
  • Affiliate assets (logos, advertising material, course materials) remain our exclusive property. Upon termination, affiliates must immediately cease all uses of them.

 

We make no guarantee of Service availability or of error-free tracking of clicks, referrals, or commissions, and we are not liable for any losses or damages arising from any outages, tracking failures, or termination of the affiliate relationship.

 

15. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

15.1 – Disclaimer

 

THE SERVICES AND ALL PRODUCTS AND PI CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT.

 

We do not warrant or represent that the Services will be uninterrupted, timely, secure, or error-free, that results obtained will be accurate or reliable, or that errors will be corrected. We may modify, remove, or cancel the Services at any time, without notice or any liability whatsoever.

 

We do not guarantee that you will pass any FAA examination.

 

15.2 – Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PILOT INSTITUTE AND ITS MEMBERS, MANAGERS, OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, CONTRACTORS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING WITOUT LIMITATION, ANY LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, OR REPLACEMENT COSTS, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, ARISING FROM YOUR USE OF THE SERVICES OR ANY PRODUCTS OBTAINED THROUGH THE SERVICES, EVEN IF WE ARE ADVISED OF THE POSSIBILITY.

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF (A) THE U.S. DOLLAR AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

 

Some jurisdictions do not allow the exclusion or limitation of certain damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

 

16. TIME LIMIT TO BRING ANY CLAIMS

 

THESE TERMS LIMIT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AMOUNT OF TIME YOU HAVE TO BRING ANY CLAIMS, INCLUDING THE TIME IN WHICH TO START A COURT ACTION OR AN ARBITRATION PROCEEDING.

 

YOU AGREE THAT YOU MUST BRING ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, OUR PRIVACY POLICY, OR THE SERVICES WITHIN ONE (1) YEAR AFTER THE DATE ON WHICH THE EVENTS OR FACTS GIVING RISE TO SUCH CLAIMS FIRST OCCURRED. OTHERWISE, YOU FOREVER WAIVE THE RIGHT TO PURSUE THOSE CLAIMS, AND THEY ARE PERMANENTLY BARRED.

 

In other words, if you do not initiate an arbitration proceeding or a court action (as applicable to you) regarding a claim within one year after that claim first arose, the arbitration or court action will be dismissed as untimely.

 

This Section does not apply where a shorter or longer period is required by applicable law and cannot be waived, and does not apply to claims brought by Pilot Institute to protect the PI Content or its intellectual property.

 

17. INDEMNIFICATION

 

You HEREBY agree to indemnify, defend, and hold harmless Pilot Institute and its parent ENTITIES, subsidiaries, affiliates, partners, members, managers, officers, directors, agents, REPRESENTATIVES, contractors, licensors, service providers, subcontractors, suppliers, and employees from any claims or demands, including reasonable attorneys’ fees, expenses, and costs, made by any third party arising out of or relating to your breach of these Terms or the documents incorporated by reference, your UGC or AI inputs, or your violation of any laws or the rights of any third party.

 

18. TERMINATION

 

These Terms remain effective until terminated. You may terminate by ceasing to use the Services and notifying us.

 

We may suspend or terminate your access to the Services at any time, with or without notice, in our sole discretion, including if we determine or suspect that you have violated these Terms. Upon termination, you remain liable for (if applicable) all amounts due through the date of termination.

 

Upon termination, you must cease all use of the Services and our intellectual property, and you must permanently delete all downloaded materials.

 

Survival. Sections 2, 6, 8, 9, 15, 16, 17, 18, 19, 23, and any provisions that by their nature should survive termination or expiration of these Terms, will survive termination or expiration of these Terms.

 

19. GOVERNING LAW AND VENUE

 

These Terms and any disputes arising out of or relating to them or the Services are exclusively governed by and construed under the laws of the State of Arizona, without regard to any choice of law or conflict-of-law principles, and by the Federal Arbitration Act with respect to Section 23.

 

Subject to Section 23 (Arbitration), you and Pilot Institute consent to the exclusive jurisdiction and venue of the state and federal courts located within Maricopa County, Arizona, and waive any objections to venue or forum non conveniens.

 

Nothing in this Section deprives a consumer of the benefit of any mandatory consumer-protection provision of the law of the jurisdiction in which that consumer resides that cannot be derogated from by agreement. This applies to residents of any U.S. state whose laws so provides.

 

20. CHANGES TO THESE TERMS

 

We may update these Terms from time to tie. When we do, we will revise the “Last Updated” date set forth at the beginning of these Terms.

 

For material changes to these Terms, we will provide notice, by email to all registered users, by a prominent notice on the Services, or both, at least thirty (30) days before the change takes effect. Your continued use of the Services after the effective date constitutes your acceptance. If you do not agree, you must stop using the Services before the effective date.

 

Material changes to Section 23 (Arbitration) will not apply to any dispute of which we had actual notice before the change took effect.

 

Changes to these Terms apply prospectively.

 

21. DMCA / INTELLECTUAL PROPERTY TAKEDOWN REQUESTS

 

If you believe that any material on, in, or connected to the Services infringes your copyrighted materials, please email [email protected] with the subject line “DMCA Notice” and include:

 

  • your full name, address, phone number, and email address;
  • identification of the specific copyrighted work or works alleged to be infringed;
  • identification of the allegedly infringing material and its location (full URL);
  • a statement of good-faith belief that the use of the allegedly infringing material is unauthorized;
  • a statement, under penalty of perjury, that the notice is accurate and that you are authorized to act on the copyright owner’s behalf; and
  • your physical or electronic signature.

 

We may remove content and terminate repeat infringers’ accounts at our discretion.

 

22. GENERAL PROVISIONS

 

Entire Agreement. These Terms, together with our Privacy Policy and any policies posted on or in the Services, constitute the entire agreement between you and Pilot Institute, and supersede all prior and contemporaneous agreements, understandings, communications, representations, and proposals, whether oral or written, including any prior versions of these Terms.

 

Severability. If any provision herein is held unlawful, void, or unenforceable, that provision shall be enforced to the maximum extent permissible, and the unenforceable portion shall be severed. The remaining provisions remain in full force. However, Section 23.7 (Class Action Waiver) is not severable; if it is held to be unenforceable, Section 23 (Arbitration) is void in its entirety as to the affected claims.

 

No Waiver. Our failure to enforce any right or provision is not a waiver of that right or provision.

 

Assignment; No Third-Party Beneficiaries. You may not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this provision is null and void, and no assignment or delegation relieves you of any of your obligations hereunder. We may assign these Terms without restriction.

 

These Terms do not, and are not intended to, confer any rights or remedies upon any person other than you and Pilot Institute.

 

No Construction Against Drafter. Any ambiguity shall not be construed against the drafting party.

 

Headings. Headings are for convenience only and do not affect interpretation.

 

Force Majeure. We are not liable for failure to perform due to causes beyond our reasonable control.

 

Notices. We may provide notice by email to the address associated with your account, or by posting on or in the Services.

 

23. DISPUTE RESOLUTION; BINDING ARBITRATION; CLASS ACTION WAIVER

 

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES THAT YOU AND PILOT INSTITUTE RESOLVE ALL DISPUTES THROUGH BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, AND IT WAIVES YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN A CLASS ACTION. YOU MAY OPT OUT WITHIN 30 DAYS UNDER SECTION 23.10.

 

23.1 – Scope

 

You and Pilot Institute agree that any dispute, claim, action, proceeding, or controversy arising out of or relating to these Terms, the Privacy Policy, the Services, any products, or your relationship with Pilot Institute, whether in contract, tort, or otherwise, and whether pre-existing (including those arising before you accepted these Terms), present, or future, and including statutory, consumer protection, common law, intentional tort, injunctive and equitable claims (including without limitation, any claim relating to privacy, data collection, tracking technologies, cookies, pixels, analytics, advertising, or the interception, recording, or transmission of any communication or information, and including claims under the California Invasion of Privacy Act, the Electronic Communications Privacy Act, the California Comprehensive Computer Data Access and Fraud Act, or any analogous federal or state statutes) must be resolved by binding individual arbitration and not in a court of general jurisdiction.

 

This Section survives termination of these Terms.

 

23.2 – Federal Arbitration Act

 

This Section evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9 U.S.C. §§ 1 et seq., governs its interpretation and enforcement.

 

23.3 – Exceptions

 

The following are not subject to arbitration:

 

  • claims that qualify for small claims court, brought individually;
  • actions by Pilot Institute seeking injunctive or equitable relief to protect any PI Content or intellectual property pursuant to Section 6.4;
  • claims that may not be arbitrated as a matter of law; and
  • claims by residents of any Canadian province, or of any U.S. state, whose consumer-protection legislation renders a pre-dispute arbitration agreement or class action waiver void or unenforceable as to such claims. Such claims must proceed exclusively in the courts identified in Section 19, or in the courts of the consumer’s province or state only if that law so requires.

 

23.4 – Informal Resolution (Mandatory Prerequisite)

 

Before initiating arbitration, the initiating party must deliver to the other party a written “Notice of Dispute” and attempt an informal resolution for a period of sixty (60) calendar days.

 

A Notice of Dispute from you to Pilot Institute must include: your full name, the email address associated with your account (or preferred email address if you have no account), your full residential address (no PO Box or private PO Box address), your telephone number, a description of the dispute and the specific claims asserted, the specific relief sought, and your personal signature. A Notice sent by your legal counsel must also be signed by you personally.

 

You must deliver your Notice of Dispute to Pilot Institute by either of the following methods, in each case properly addressed to Pilot Institute LLC, Notice of Dispute, 422 W. Gurley Street, Prescott, AZ 86301:

 

  • USPS Certified Mail (Return Receipt Requested); or
  • Overnight delivery by an internationally recognized delivery service (such as FedEx, UPS, or DHL), addressed to:. A Notice sent by this method is deemed delivered only on the date it is actually delivered.

 

A Notice of Dispute sent by either method above is deemed delivered only on the date it is actually delivered, and only with proof of delivery.

 

A Notice of Dispute from Pilot Institute will be sent to the email address associated with your account.

 

The 60-day informal resolution period is a condition precedent to arbitration. Neither party may initiate arbitration until it expires. If requested, the parties will engage in a good-faith telephonic settlement conference, attended personally by you (and by counsel, if represented). A court or arbitrator may enjoin the filing or prosecution of an arbitration initiated without compliance with this Section, and the statute of limitations and any filing-fee deadlines are tolled while the parties comply.

 

23.5 – Arbitration Procedure

 

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules, as modified by this Section. The rules are available at www.adr.org.

 

  • The arbitration will be conducted by a single arbitrator.
  • The arbitrator must be a retired judge or an attorney with at least ten (10) years of experience, licensed in the United States.
  • Unless the parties agree otherwise, arbitration will be conducted by videoconference (virtually over the internet) or by written submissions. If an in-person hearing is required, it must be held in Maricopa County, Arizona or another mutually agreed upon location.
  • The arbitrator has exclusive authority to resolve all disputes regarding the interpretation, applicability, enforceability, and scope of this Section 23, except that a court has exclusive authority to decide the enforceability of Section 23.7 (Class Action Waiver) and Section 23.8 (Mass Arbitration).
  • The arbitrator may award any relief available to a party in court, but only in favor of the party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  • The arbitrator’s award is final and binding, and judgment may be entered in any court of competent jurisdiction.
  • The arbitrator may award reasonable attorneys’ fees and costs to the prevailing party, to the extent authorized by applicable law.
  • Except as required by law or as necessary to enforce or challenge the award, the arbitration proceeding and all related documents, filings, testimony, and information shall be and remain confidential.

 

23.6 – Fees

 

Payment of filing, administration, and arbitrator fees is governed by the AAA rules. Where the AAA rules require Pilot Institute to bear the majority of such fees, we will do so. If you demonstrate that arbitration costs are prohibitive compared to litigation, we will pay as much of your filing and hearing fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive.

 

Each party bears its own attorneys’ fees, except where a statute or the arbitrator’s award provides otherwise.

 

23.7– CLASS ACTION WAIVER

 

YOU AND PILOT INSTITUTE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, LEAD PLAINTIFF, CLASS REPRESENTATIVE, OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION OR PROCEEDING, OR IN A PRIVATE ATTORNEY GENERAL CAPACITY.

 

THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT PRESIDE OVER ANY FORM OF CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING.

 

YOU AND PILOT INSTITUTE WAIVE ANY RIGHT TO A JURY TRIAL.

 

This Section 23.7 is not severable. If it is found unenforceable as to any claim or any part of a claim, then Section 23 (Arbitration) is void in its entirety as to that claim, and that claim must proceed in the courts specified in Section 19.

 

Nothing in this Section prevents you from participating in a class-wide settlement.

 

23.8 – Mass Arbitration Protocol

 

If fifteen (15) or more demands for arbitration are filed against Pilot Institute raising substantially similar claims and represented by the same or coordinated counsel within a ninety (90) day period (“Mass Arbitration”), the following procedures apply, notwithstanding the AAA rules:

 

(a) Batching. The demands will be grouped into batches of no more than fifty (50) claimants each, plus a final batch of any remainder. Each batch will be filed and adjudicated as a single arbitration with a single arbitrator, and a single set of filing and administrative fees will be assessed per batch.

 

(b) Bellwether Proceedings. Before any other batch proceeds, the parties will each select five (5) demands (ten total) to proceed as bellwether arbitrations. All other demands are stayed. The statute of limitations and any filing deadlines are tolled for all stayed demands.

 

(c) Post-Bellwether Mediation. Following the bellwether awards, the parties will engage in a single global mediation before a mutually agreed mediator, with fees split equally. If the parties do not resolve the remaining demands within ninety (90) days of the mediation’s conclusion, the remaining demands proceed in batches under subsection (a).

 

(d) Individualized Demands Required. Each demand for arbitration must be individually signed by the claimant, must include the information required by Section 23.4, and must attest that the claimant personally reviewed the demand. Demands that are substantially identical form documents, or that lack an individual signature and attestation, may be dismissed without prejudice on that basis.

 

(e) Enforcement. A court, not an arbitrator, shall determine the enforceability, applicability, and interpretation of this Section 23.8. If this Section is found unenforceable, the parties will meet and confer in good faith regarding an alternative protocol.

 

23.9 – Offers of Judgment

 

Either party may make a written settlement offer at any time. If you reject an offer and the arbitrator awards you less than the offered amount, you must pay Pilot Institute’s reasonable attorney’s fees and costs incurred after the offer, to the extent permitted by law, and you are not entitled to fees or costs incurred after the offer.

 

23.10 – 30-Day Right to Opt-Out of Arbitration

 

You may opt out of this Section 23 (except Section 23.4, which survives) within thirty (30) calendar days after you first accept these Terms.

 

To opt out, email us at [email protected] with the subject line “Arbitration Opt-Out” and include your full name, the email address associated with your account, your residential address, and a clear statement that you wish to opt out of arbitration. Your notice must be personally signed by you.

 

Opting out will not affect any other provision of these Terms, your access to the Services, or any other agreement between you and Pilot Institute. If you opt out, disputes will be resolved in the courts identified in Section 19, and the class action waiver in Section 23.7 does not apply to you. However, the jury trial waiver remains in effect to the maximum extent permitted by law.

 

If you have previously accepted an earlier version of these Terms containing an arbitration provision and did not opt out, you remain bound by it.

 

23.11 – Severability Within This Section

 

Except as provided in Sections 23.7 and 23.8, if any part of this Section 23 is found unenforceable, that part shall be severed and the remainder enforced.

 

24. OUR PRIVACY POLICY

 

Your use of the Services is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using any Services, you consent to the practices described in our Privacy Policy, and all actions taken by us in accordance with it.

 

25. CONTACT US

 

If you need or wish to contact us, please send all communications to either: Pilot Institute LLC, 422 W. Gurley Street Prescott, AZ 86301 or .