Terms and Conditions

Welcome to Pivotal180.com (the site). Pivotal180.com is the website for Pivotal180 LLC (Pivotal). Any and all use of the site is subject to these terms and conditions (the “Terms of Use”). Any reference to “you” or “user “in these Terms of Use shall mean any visitor to the site.

Our website uses cookies for several legitimate purposes. By using our website and agreeing to these terms of use, you consent to our use of cookies in accordance with the terms of our privacy policy.

You agree to be bound by these terms as well as our privacy policy whenever you use any portion of this site, publish, contribute, access, view or use any content on or through the site or when you click to accept these terms via any online form or service agreement. If you do not agree to these terms and conditions you should immediately cease such use.

Pivotal reserves the right to change these Terms of Use at its sole discretion, at any time by posting the modified agreement on the site. If any change is not acceptable to you, you must discontinue your use of the site immediately. Using the site after changes to these Terms of Use or Privacy Policy constitutes your irrevocable acceptance of such changes. We suggest You review the terms periodically and check the “revised” date which will reflect the date the current version was posted.

You may only use the site (including registering for the site) if you are 18 years or older, an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into and be bound by these terms of use in their entirety. You represent that you are over the age of 18. If you are under the age of 18, you are not authorized to use the site and must cease all use of the site.

Definitions

“Order form” means any online or written subscription “Order form”. purchase form or contract for the “Pivotal service” submitted by you either during an online subscription or purchase process or separately signed by you and submitted to Pivotal

“Pivotal service" means any of the Pivotal services that are developed, operated, and maintained by Pivotal and that are subscribed to or purchased through a Pivotal branded or controlled website

"Service agreement" means any electronic or written signed agreement You have entered into for the provision of services by Pivotal that includes a link to or makes a reference to these Terms of Use.

Purchasing and Payments

In order to purchase any of the “Pivotal service” on-line or over the telephone you must register for an account with us via the Website. When you place an order for a “Pivotal service” you are offering to purchase the service on these terms and conditions. Pivotal reserves the right to cancel or decline your order or any part of your order at any time until we have sent you an email confirming your purchase and received payment of the relevant fees

You agree to pay the fees for “Pivotal service” that you purchase, and you authorize us to charge your debit or credit card for those fees. Pivotal works with third party payment processing partners to offer you the most convenient payment methods and to keep your payment information secure. When you make a purchase, you agree not to use an invalid or unauthorized payment method. We reserve the right to disable access at any time to any course for which we have not received adequate payments.

Where payment by credit card is indicated in the “Order form” or ”Service Agreement”, or You otherwise provide Pivotal with credit card information, You authorize Pivotal to bill such credit card (a) at the time that You order the “Pivotal service” for billing frequency otherwise established in the “Order form” or “Service Agreement”, and at the time of any renewal, for the amount charged plus any applicable sales taxes for any renewed Subscription Term. If Pivotal, in its discretion, permits You to make payment using a method other than a credit card, Pivotal will invoice You at the time of the initial “Order form” or “Service agreement“ and thereafter on an agreed billing period, and all such amounts invoiced will be due within fourteen (14) days of Your receipt of a Pivotal invoice.

The price applicable to a course or other service will be the price at the time you complete your purchase at checkout.

When purchasing a public session course Pivotal does not guarantee the course will run. Pivotal has the right to cancel the course up to four weeks before the course commencement date. In this instance any payments made by you will be fully refunded by Pivotal.

To have discount applied to your order, a valid coupon code must be entered in the coupon box on the payment page. Pivotal cannot be held liable for not discounting the order if a valid coupon has not been entered. Customers agree to allow Pivotal to debit their credit cards for amount of the discount in cases when customers inadvertently use unauthorized coupons

Account

In order to use certain features of the Website, you must register for an account. You may be asked to provide a password in connection with your account. You agree that the site is for you own personal or professional use and that you are solely responsible for maintaining the confidentiality of your account and password, and You agree to accept responsibility for all activities that occur under your account or password You will not share your password to the service with any other person. The rights being granted to you are personal in nature to you and may not be shared with, transferred or otherwise assigned to anyone else. In addition, you will not employ or all the use of your account for the purpose of any technologies designed or intended to create copies or otherwise to reproduce content on the site.

You must ensure that the details provided by you on registration or at any time are correct and complete. You must inform us immediately of any changes to the information that you provided when registering, by updating your personal details. You agree to notify Pivotal immediately of any unauthorized use of your account or any other breach of security. Pivotal will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Pivotal or another party due to someone else using your account or password

Intellectual Property Rights

You acknowledge that the messages, information, data, text, software, images, logos, button shapes, layout, design compilation and presentation of information, graphics or other materials as well as the look and feel of any web pages (collectively, the “content”) that are posted on or are otherwise incorporated into the site contain trademarks, copyrights and other proprietary material, the ownership or licensed rights to which are proprietary to Pivotal and that such proprietary material is protected by law, including U.S. copyright laws, trademark laws and international treaty provisions. The deletion or alteration of any copyright, trademark or other proprietary notices from the site is strictly forbidden.

Further, you may not modify, copy, distribute, transmit, display, perform, use, publish, license, create derivative works from, transfer or sell any content contained on the site. You are granted a limited, non-exclusive, non-assignable and non-transferable license to access and view the content on the site only under these Terms of Use.

Lawful Use

The site may be used only for lawful purposes In connection with your use of the site and/or the services, you acknowledge and agree that you will not use the site and/or the services for any purpose that is unlawful or prohibited by these terms and conditions.. It is your responsibility to ensure that your use of the site complies with these Terms of Use.

In connection with your use of the site, you agree that you will not, nor will you assist or allow others to, directly or indirectly:

Provide any false or intentionally inaccurate or misleading information in any communications transmitted to or through the site, including impersonation of any person or entity and misrepresenting your affiliation with a person or entity.
Transmit any unsolicited advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes” or any other form of solicitation, such as opinions or notices, commercial or otherwise.

Modify, delete, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any content that is accessible or available through use of the site, except as expressly permitted under these Terms of Use.
Access data not intended for your use or viewing, or log into an account or server which you are not authorized to access.

Take any action which imposes an unreasonable or disproportionately large load or burden on the site or use the site in a manner that attempts to, or actually does, disrupt, impair, interfere with or wrongfully alter or modify the site or any content, or in a manner that adversely affects the site and/or the availability of the content to other users, including without limitation transmitting communications that contain a virus, Trojan horse, or corrupted data, overloading, mail bombing, crashing or flooding or continuous transmission of repetitive text.

Attempt to decipher, decompile, disassemble or reverse engineer any of the software provided on, comprising or in any way making up a part of the site, or otherwise used in connection with the operation of the site or any content.

Collect or attempt to collect any information of other users of the site, registered members or other members of the public without the subject’s consent, including without limitation usernames and passwords for the site, site account information, and personally identifiable information.

Modifications and Updates

Pivotal reserves the right to remove, change, modify or update any aspect of the site at any time, in its sole discretion. These Terms of Use and the Privacy Policy shall apply to any such changes, modifications or updates of the site.

Comments and Feedback

Pivotal allows posting of comments on its site. Any user failing to comply with the terms and conditions of these Terms of Use may be expelled from and refused continued access to, the ability to post comments in the future. Information and content posted within these public forums may be provided by Pivotal staff, Pivotal outside contributors, or by users not connected with Pivotal, some of whom may employ anonymous usernames. Pivotal expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed in these forums by third parties, nor are we responsible for any errors or omissions in such postings, or for hyperlinks embedded in any messages. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through these posted comments. The opinions expressed in these comments are solely the opinions of the participants, and do not reflect the opinions of Pivotal or any of its subsidiaries or affiliates

You may provide suggestions, comments or other feedback on the operation of the Site or our business, which may include, without limitation, ideas for new products, services, features, technologies, processes, materials, marketing plans or new product or service names (“Feedback”). Such Feedback is voluntary and Pivotal has the perpetual right to use any of the Feedback for any purpose without any obligation to you of any kind, although Pivotal will not publicly disclose the source of such feedback.

Potential Disruption of Service

If access to the website is unavailable, delayed or limited or if this website does not operate quickly and efficiently, you may be unable to transmit your instructions for transactions and other matters, or such instructions may not be promptly executed or you may be unable to retrieve information on a timely basis . if your operations are dependent on such communications with us, and such communications are disrupted or delayed you may suffer losses, Pivotal will not be liable for any such loss.

Limitation of Liability

In no event will Pivotal be liable to you for any indirect, special, incidental, punitive or consequential damages, including, but not limited to, loss of data, loss of business or other loss arising out of or resulting from this agreement even if it has been advised of the possibility of such damages. The foregoing shall apply regardless of whether such liability sounds in contract, negligence, tort, strict liability or any other theory of legal liability.
In addition, in no event will Pivotal cumulative liability under this agreement exceed the amount paid by you to Pivotal during the “Service agreement” period preceding the alleged liability event.

in no event shall Pivotal, its subsidiaries, affiliates, officers, directors, shareholders, employees, suppliers, agents, co-branders or other partners have any liability to you under these terms of use from the use (or attempted use) of the site. to the maximum extent permitted by applicable law, Pivotal, its officers, directors, employees, and agents shall not be liable to you for any direct, indirect, special, incidental, exemplary or consequential damages of any kind (including but not limited to damages resulting from loss or interruption of business, loss of profits or revenues, loss of use, loss of anticipated benefits, loss of business information or data, corruption and the like), errors, mistakes or inaccuracies in any content, personal injury or property damage of any nature whatsoever, unauthorized access to the site or to personally identifiable information or financial information stored on our servers, any interruption or termination of the site or your access to the site, any bugs, viruses, trojan horses, or the like that are transmitted by or through the site or any third party web site linked through the site, arising out of any legal or equitable theory, including, but not limited to, breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if Pivotal has been advised of the possibility of such damages or if such possibility was reasonably foreseeable, and even if a remedy set forth herein is found to have failed of its essential purpose.

You are entirely liable for activities conducted by you or anyone else in connection with your visiting and use of this site and you acknowledge that Pivotal shall not be liable for any content accessed or available through the site, or communications transmitted to the site, for any reason whatsoever.

If you are dissatisfied with the site and/or any content provided through the site, or with these terms of use, your sole and exclusive remedy is to stop using the site and content.

 

Indemnity

You agree to indemnify and hold Pivotal harmless from and defend Pivotal against any third party or government claims, including all related damages, costs and expenses (including reasonable attorneys' fees), that arise due to your violation of law or breach of these Terms, including any losses that result from claims You make that are prohibited under any provision of these Terms, such as the Limitation of Liability section below, or any other section.

Termination

These Terms of Use are effective until terminated by Pivotal which Pivotal may do at any time without notice for any reason. In the event of termination, you are no longer authorized to access or the site or use the site. The applicable restrictions imposed on you with respect to material downloaded from the site, indemnification obligations, and the disclaimers and limitations of liabilities set forth in these Terms of Use, shall survive such termination.

Assignment

You do not have a right to assign these Terms of Use without providing prior notice to and obtaining the consent of Pivotal. Any purported assignment in violation of this section shall be void. We can assign these Terms of Use without your consent.

Force Majeure

Except for your obligation to pay fees, neither party will be responsible for failure of performance due to causes beyond its control.

Waiver

The failure of either party to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by such party in writing.

Enforceability and Governing Law

If any provision of these Terms of Use is determined to be illegal or unenforceable, that provision will be limited to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect

The contract between you and Pivotal under which you have made your purchases, it is agreed, shall be governed by, and interpreted in accordance with New York Law. The New York courts shall have jurisdiction to resolve any disputes between us. This does not affect your statutory rights

Jurisdictional

Pivotal makes no representation or warranty that the content and materials on the sites and/or the services are appropriate or available for use in locations outside the United States. Those who choose to access the site or use the services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. Pivotal reserves the right, at any time in our sole discretion, to limit the availability and accessibility of the sites and/or the services to any person, geographic area, or jurisdiction we so desire, and to limit the quantities of any such service or products that we provide.

Contact

Should you have any questions concerning these terms of use you may contact Alison at alison@pivotal180.com

Other

Except as otherwise expressly provided herein, these Terms of Use, together with the Privacy Policy and any updates, modifications or amendments to same, as well as any other legal notices provided or displayed through the Site, shall constitute the entire agreement between and you and Pivotal regarding your use of the site