© 2022 Pivot Interactives, SBC
Welcome to Pivot Interactives SBC!
If you do not have the necessary authority, or if you do not agree with these terms, you may not use the Website or Platform. If you choose to continue to access the Website after having read the TOU, you recognize that we have provided valuable consideration by offering this Website at no cost to you.
You may not use the Platform, and may not accept the terms and conditions of this TOU, if (i) you are under 13 or the age of majority in your country and do not have the permission from your Instructor or education institution; (ii) you are a person barred from receiving the Platform under the laws of the United States or other countries including the country in which you are a resident or from which you use the Platform, or (iii) you have been barred from the Platform by Pivot Interactives without permission to return.
REGISTERING AND USING PIVOT INTERACTIVES PLATFORM
Access to the Platform is offered and sold on a subscription basis to education institutions (“Institutions”) and Instructors employed by Institutions to use with other instructors and their students, and also to students ages 18 and older, who may purchase individual accounts (collectively, “Users,”); however certain areas in the Platform are available to visitors without cost on a trial or demonstration basis.
The Website and Platform are intended for your personal, noncommercial use.
As part of the registration process, each User will select a password and user name ("User Name"), and provide additional information necessary to provision and maintain your account (“Account Information”). You agree to provide us with accurate, complete, and updated Account Information. Failure to do so will constitute a breach of this TOU, which may result in immediate termination of your rights to use the Account. You may not (a) select or use a User Name of another person with the intent to impersonate that person, (b) use a name subject to the rights of any other person without authorization, or (c) use a User Name that we, in our sole discretion, deem inappropriate or offensive, or is in violation of these TOU. You are responsible for maintaining the confidentiality of your User Name and password.
You are responsible for using the Platform and Website in accordance with these TOU, and for all activity conducted using your account credentials. You shall (i) maintain the confidentiality of your user name and password; (ii) notify us if you know or suspect a security breach of our Platform; and (iii) use the Platform in compliance with all applicable laws. You represent and warrant that information provided to establish your account is true and accurate and that you will promptly update that information in the event of any change. If you have reason to believe that your Account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your User Name, password, or any credit, debit, or charge card number stored on the Platform), you must promptly change your password and notify us of the problem by sending an email to firstname.lastname@example.org.
You will not (and will not allow any third party to): (i) permit any third party to access and use the Website or Platform; (ii) decompile, disassemble, or reverse engineer the Website or Platform, except to the extent expressly authorized under the law; (iii) use the Website or Platform or any of our confidential information to develop a competing product or service; (iv) impersonate another user of the Website or Platform or provide false information to gain access to the Website or Platform; (v) view or attempt to view records of another user; or (vi) use automated systems (e.g., robots, spiders, etc.) to access the Website or Platform.
By uploading materials to any Platform message boards, lesson plans or other posting areas, or otherwise submitting any materials (collectively “Content “) to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate or create derivative works from and distribute the Content or incorporate such materials into any form, medium, or technology now known or later developed throughout the World for the purpose of providing the Platform. You are solely responsible for obtaining all rights, permissions, and authorizations to provide the Content to us for use as contemplated under this Section. Except for the license granted in this Section, nothing contained in this TOU will be construed as granting us any right, title, or interest in your Content. In addition, you warrant that all so-called "moral rights" in the Content have been waived.
You may not use the Website or Platform to:
If you choose to purchase the Platform, you are responsible for paying the applicable fees. All fees are non-refundable.
ADMINISTERING THE WEBSITE AND PLATFORM
Pivot Interactives may change, modify, suspend, or discontinue any aspect of the Website or Platform at any time, including, without limitation, access policies, the availability of any Platform feature, hours of availability, content, data, or software or equipment needed to access the Platform. We may also impose limits on certain features or restrict your access to parts or all of the Website without notice or liability. We reserve the right to change the amount of, or basis for determining, any fees or charges for the Platform, and to institute new fees or charges for access to portions of the Platform effective upon prior notice to Users by posting such changes on its website or by sending e-mails to Users. You hereby agree to pay all charges to your account, including applicable taxes, in accordance with billing terms in effect at the time the fee or charge becomes payable.
We reserve the right, at our sole discretion, to change, modify, add, supplement or delete any of the terms and conditions of this TOU at any time. We will post notification of any such changes on the Platform, or give notice of them to you via e-mail or otherwise as legally required. The continued use of the Website or Platform by you following your receiving a notice of changes to this TOU will mean you accept any and all such changes.
Where legally required, such as in the event that we make material changes to these terms, we will also request your consent.
If any future changes to this TOU are unacceptable to you or cause you to no longer be in compliance with this TOU, you may terminate your account in the Platform by contacting us at email@example.com.
USE OF MATERIALS & RESTRICTIONS
Intellectual Property (“Pivot Interactives Content”)
You agree that all Website and Platform trademarks, service marks and logos are owned by or licensed to Pivot Interactives SBC, and are protected by copyright and other intellectual property rights. You have no rights to transfer or reproduce the Website or Platform, or prepare any derivative works with respect to, or to disclose confidential information pertaining to, the Website or Platform. Under no circumstances will you be deemed to receive title to any portion of any Website or Platform.
Prohibited Uses: Except as expressly permitted by copyright law, you must obtain the express written permission from Pivot Interactives, or the third-party owner of material appearing on the Website or Platform, prior to copying, downloading, redistributing, modifying, publishing, creating derivative works from, displaying or exploiting any Pivot Interactives Content or Third Party Content.
Linking to and framing the Website: You may create and publish links to the Website homepage at: https://www.pivotinteractives.com. Creating and publishing links to any other pages within the Website (except bookmarking such pages for your personal noncommercial use) is not permitted. Framing the Website is strictly prohibited.
Family Educational Rights and Privacy Act (FERPA)
Children’s Online Privacy Protection Act (COPPA)
If you send us creative suggestions, ideas, notes, stories, messages, narratives, drawings, concepts, feedback, or other information or content ("Submissions"), the Submissions will be deemed, and shall remain, the sole and exclusive property of Pivot Interactives, and Pivot Interactives will be entitled to the unrestricted use of the Submissions for any purpose whatsoever, without compensation to you. None of the Submissions shall be subject to any obligation of confidence on the part of Pivot Interactives, and Pivot Interactives shall not be liable for any use or disclosure of any Submissions. Pivot Interactives shall exclusively own all rights to the Submissions throughout the World, and shall be entitled to unrestricted use of the Submissions for any purpose whatsoever, commercial or otherwise.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIVOT INTERACTIVES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
PIVOT INTERACTIVES MAKES NO WARRANTY THAT (I) THE PLATFORM WILL MEET YOUR REQUIREMENTS, (II) THE PLATFORM WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE PLATFORM WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, PLATFORM, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR EXPECTATIONS, (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED, (VI) OR THAT THIS WEBSITE, ITS CONTENT, AND THE SERVERS ON WHICH THE WEBSITE AND CONTENT ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PLATFORM IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIVOT INTERACTIVES OR THROUGH, OR FROM, THE PLATFORM SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOU.
INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE WEBSITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY PIVOT INTERACTIVES AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIVOT INTERACTIVES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIVOT INTERACTIVES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE PLATFORM; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND PLATFORM RESULTING FROM ANY GOODS, DATA, INFORMATION OR PLATFORM PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE PLATFORM; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE PLATFORM; OR (V) ANY OTHER MATTER RELATING TO THE PLATFORM. IN NO EVENT SHALL PIVOT INTERACTIVES' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, NEGLIGENCE, TORT OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING PIVOT INTERACTIVES DURING THE PRIOR 12-MONTH PERIOD.
LINKS TO THIRD PARTY SITES
The Website or the Platform may contain links to other websites operated by parties that are not affiliated with Pivot Interactives. These links will let you leave Pivot Interactives to visit websites not under Pivot Interactives’ control. Pivot Interactives is not responsible for the contents of any linked website or any link contained in a linked website. We provide these links to you only as a convenience, and the inclusion of any link does not imply endorsement of the linked site by Pivot Interactives.
Pivot Interactives makes no representation that materials on the Website or Platform are appropriate or available for use in all locations. Those who choose to access the Website or the Platform do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from Pivot Interactives is further subject to United States export controls. No software from Pivot Interactives may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iran, Iraq, Libya, North Korea, Syria or any other country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using the Software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.
In the event any provision of this TOU conflicts with the law or if any such provisions are held invalid by a court with jurisdiction over the parties to this TOU, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of this TOU will remain in full force and effect.
This TOU is governed by the internal substantive laws of the State of Minnesota, without respect to its conflict of law provisions. In the event of a dispute arising under or relating to this TOU (each, a "Dispute"), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act ("FAA"). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT'S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS' Streamlined Arbitration Rules and Procedures. All applicable JAMS' rules and procedures are available at the JAMS website https://www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator's award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. Nothing in this TOU will prevent Pivot Interactives from seeking injunctive relief in any court of competent jurisdiction as necessary to protect Pivot Interactives' proprietary interests. You agree that any arbitration or proceeding shall be limited to the Dispute between Pivot Interactives and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
The failure of either party to insist upon or enforce strict performance by the other party of any provision of this TOU or to exercise any right under this TOU will not be construed as a waiver or relinquishment to any extent of such party's right to assert or rely upon any such provision or right in that or any other instance, rather, the same will be and remain in full force and effect.
Pivot Interactives may assign its rights and obligations under this TOU and upon such assignment Pivot Interactives may be relieved of any further obligation.
If you have any questions about this TOU, please email us at: firstname.lastname@example.org.
© 2022 Pivot Interactives, SBC