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