The Legal Stuff
PivIT Global, Inc. Terms and Conditions
GENERAL TERMS AND CONDITIONS
- Purpose. The provisions contained in these General Terms and Conditions set forth the terms and conditions applicable to all sales of products (“Products”) and services (“Services”) by PivIT Global, Inc. (“PivIT”) to its customers (“Customer”). These Terms and Conditions, together with any quotes, purchase orders, and invoices are collectively referred to herein as the Contract Documents. In the event of any inconsistencies between these Terms and Conditions and the terms of any written quote provided by PivIT, the terms of the written quote shall be controlling. In the event of any inconsistencies between these Terms and Conditions and the terms of any purchase order provided by Customer, the terms of these Terms and Conditions shall be controlling.
- Payment. Terms of payment shall be net thirty (30) days. All invoices shall be paid in U.S. Dollars unless otherwise specified in the invoice. All invoices which are not paid within thirty (30) days of the date of invoicing, shall bear interest at the rate of eighteen (18) percent per annum, simple interest.
- Taxes. Customer shall be responsible for all taxes imposed by any governmental authority on the purchase of the Services including, but not limited to, sales tax, VAT and GST. PivIT will include all such taxes on its invoice and remit such taxes to the proper authority upon payment by Customer. Notwithstanding the foregoing, Customer shall not be responsible for any taxes based on PivIT’s income.
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Returns. Equipment purchased from PivIT can be returned within 30 days upon approval with a 20% restocking fee. To initiate a return, contact your account team to obtain a Return Merchandise Authorization (RMA) number with instructions. Certain items are not eligible for return (Software, License, Maintenance Contracts, New OEM Equipment and Special Orders).
- Purchase Money Security Interest. PivIT retains a purchase money security interest in each Product Customer purchases until the price of the Product is paid in full. Customer appoints PivIT as Customer’s agent to sign and file a financing statement to perfect PivIT’s security interest.
- Delivery. PivIT shall deliver all Products to Customer at Customer’s expense and risk of loss. PivIT shall deliver the Products to the Customer FOB Santa Barbara, CA, or to such other point as is named in the Contract Documents by PivIT.
- Customer shall inspect the items upon arrival and shall, within seven (7) calendar days thereof, give written notice to PivIT specifying any shortages or non‐conforming Product. Failure to do so will constitute a waiver of non‐conforming delivery and acceptance of the Product(s) and the delivery as is.
- Customer shall install and use the Product(s) in full compliance with all applicable laws, regulations, and building codes, and with all applicable PivIT instructions and specifications.
- PivIT shall not be liable to Customer for the results of the use of Product(s) purchased, whether used singly or in combination with other materials or products, unless the Products are installed and used in full compliance with all applicable laws, regulations, and building codes and with all applicable PivIT instructions and specifications.
- Liability and Indemnification. PivIT shall have no liability for any third-party claim arising out of or in any way related to the negligence or willful act or omission of Customer or that of its employees, agents, or subcontractors. Customer will defend, hold harmless, and indemnify PivIT from any and all such claims, whether suit is filed or not, regardless of whether such claim also includes any allegation based upon PivIT’s intentional or negligent act or omission. Customer will pay PivIT’s reasonable attorney’s fees incurred in investigating, responding to, defending, and otherwise dealing with any such claim, upon demand by PivIT. If PivIT, in PivIT’s sole and unreviewable discretion, settles such claim, Customer shall pay PivIT, in addition to PivIT’s reasonable attorney’s fees, an amount equal to the reasonable value of PivIT’s settlement.
PIVIT IS NOT LIABLE FOR ANY INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, OR FOR LOSS OF PRODUCTS, REVENUE OR DATA, WHETHER IN AN ACTION IN CONTRACT, TORT, PRODUCT LIABILITY, BY STATUTE, OR OTHERWISE EVEN IF ADVISED OF THE POSSIBILITY OF THOSE DAMAGES AND EVEN IF THE DAMAGES OR LOSS ARE CAUSED IN WHOLE OR IN PART BY PIVIT’S NEGLIGENCE. PIVIT WILL NOT BE LIABLE FOR DIRECT OR INDIRECT DAMAGES CAUSED BY LATE DELIVERY, PRODUCT DEFECT, OR ANY OTHER CAUSE. PIVIT HAS SET PRICES FOR ITS PRODUCTS BASED ON THE ALLOCATION OF RISKS SET OUT IN THIS AGREEMENT. - PivIT liability with respect to any transaction with Customer for the purchase of Products and Services will not exceed that amount that Customer has paid PivIT.
- Warranty and Limitation of Remedies.
A. PivIT warrants that Product(s) will be free from defects in material and workmanship and will conform to PivIT’s specifications. This warranty begins on delivery and continues for the life of the Product. If Customer notifies PivIT during the warranty period that a Product does not comply with this warranty, PivIT will, at PivIT’s sole option, repair or replace the Product at no charge.
B. PivIT and its direct and indirect suppliers/vendors, shall have no other or further liability by reason of the manufacture or sale of any Product sold hereunder or by reason of their use, whether on the basis of breach of warranty, strict liability, negligence or otherwise. In no event shall PivIT or its direct or indirect suppliers/vendors be liable for general, special, consequential, or incidental damages relating to bodily injury, property damage, or economic loss (including without limitation damages for loss of use or loss of profits).
C. CUSTOMER ACCEPTS RESPONSIBILITY TO VERIFY THAT THE PRODUCTS CUSTOMER ACQUIRES WILL MEET CUSTOMER’S SPECIFIC REQUIREMENTS. EXCEPT AS SPECIFICALLY SET FORTH HEREIN, PIVIT DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR OTHERWISE, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE. PIVIT DOES NOT WARRANT THAT PRODUCTS WILL OPERATE UNINTERRUPTED OR ERROR FREE, OR THAT ALL DEFICIENCIES, ERRORS, DEFECTS OR NONCONFROMITIES WILL BE CORRECTED. PIVIT HAS NO WARRANTY OBLIGATION FOR THIRD PARTY PRODUCTS.
D. Customer is solely responsible for (i) determining that the Product is suitable for the contemplated purpose and (ii) obtaining any required engineering services or architectural services relating to the project at Customer’s own expense.
E. Customer acknowledges and agrees that (i) software installed on used equipment does not come with a manufacturer’s license, and (ii) it shall be Customer’s responsibility to contact the manufacturer to determine the licensing requirements applicable to any used equipment purchased from PivIT.
F. Customer’s sole remedy with respect to any Product is PivIT’s repair or replacement of Product(s) or, at PivIT’s option, refund of sums paid.
G. Customer’s rights and remedies set forth herein or in any subsequent writing are limited as set forth herein, notwithstanding anything to the contrary.
H. Neither Customer nor PivIT may bring a claim or action arising out of or related to the purchase of any Product, including any claim of fraud or misrepresentation, more than two (2) years after the cause of action accrues. - Force Majeure. PivIT shall not be liable for delay or non‐performance of the contract or any part thereof, resulting directly or indirectly from:
1. Earthquakes;
2. Epidemics;
3. Act of any governmental authority, domestic or foreign, including but not limited to war, declared or undeclared, priorities, quarantines, embargoes, licensing controls or production or distribution restrictions;
4. Accidents and disruptions including but not limited to fires, explosions, breakdowns of essential machinery or equipment and power shortages;
5. Transportation or storage delays, accidents or shortages;
6. Labor difficulties including but not limited to strikes, slowdowns, lockouts, sabotage and labor shortages;
7. Failure or delay in its source of supply;
8. Acts or omissions of Customer; or,
9. Any cause beyond its reasonable control whether similar or dissimilar to those above mentioned.
Dates of delivery shall be extended for a period equal to the time lost by reason of any cause set forth above even though such cause may occur after PivIT’s performance has been delayed for other causes. - BECAUSE OF INTERNATIONAL PATENT AND TRADEMARK LAWS, CUSTOMER MAY NOT EXPORT PRODUCTS WITHOUT PIVIT’S PRIOR WRITTEN CONSENT AND THE APPROPRIATE APPROVALS FROM THE U.S. AND FOREIGN GOVERNMENT(S).
- Notices. All notices required or permitted pursuant to this Agreement shall be deemed given if and when personally delivered in writing to the party or its designated agent or representative, or if and when mailed by United States Mail, registered or certified mail, return receipt requested, postage prepaid, and properly addressed.
- Assignment. Neither party shall assign, sublicense or otherwise transfer its rights and/or obligations under this Agreement, or any portion thereof, to any person or entity without the other party’s prior written authorization.
- Independent Contractor. It is the express intention of the parties that PivIT is an independent contractor. Nothing in this Agreement shall in any way be construed so as to create an agent, employee or representative relationship between PivIT and Customer. PivIT acknowledges and agrees that it is obligated to report as income all compensation received pursuant to this Agreement and pay all taxes due thereon. No part of PivIT’s compensation will be subject to withholding by Customer for the payment of any social security, federal, state or any other employee payroll taxes.
- No Waiver. The failure of either Customer or PivIT to insist upon the performance of any of the terms and conditions of the Contract Documents, or the waiver of any breach of any of the terms and conditions of the Contract Documents, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.
- Governing Law. The parties expressly agree that any dispute regarding the Contract Documents shall be governed by, interpreted under and enforced in accordance with the laws of the State of California. In the event of any dispute, the parties shall be subject to the jurisdiction of the courts of the State of California, regardless of their place of residence, and in any action arising in connection with this Agreement, venue shall be in the County of Santa Barbara, State of California.
- Entire Agreement. The Contract Documents shall constitute the entire agreement between the parties and any prior understanding or representation of any kind preceding the date of the Contract Documents shall not be binding upon either party except to the extent incorporated in the Contract Documents.
- Modification. Any modification of Contract Documents or additional obligation assumed by either party in connection with the Contract Documents shall be binding only if placed in writing and signed by each party or an authorized representative of each party.
- Counterparts. The Contract Documents may be signed in counterparts, and faxed or scanned and e-mailed copies of those counterparts will have the same binding legal effect as if the parties had signed one original document.
PivIT OneCall Terms & Conditions
GENERAL TERMS AND CONDITIONS
These General Terms and Conditions and the Quote which accompanies them represent the terms and conditions on which PivIT Global, Inc. (“PivIT”) offers its OneCall Maintenance program (the “Services”) to its customers generally and to the customer named on the Quote (“Customer”) specifically. Customer may accept this offer by signing the Quote or providing its Purchase Order to PivIT, in which case the terms of these General Terms and Conditions shall take precedence over any terms set forth on Customer’s Purchase Order.
1. Services. The services provided by PivIT are set forth in the accompanying Quote.
2. Payment. The fees for Services shall be stated in the Quote. Payment is due in full within thirty (30) days from the date of invoice. PivIT reserves the right to charge a late fee for past due amounts for invoices that are past due over (30) days at the lesser of 18% per annum or the maximum rate permitted by law on all overdue accounts. If Customer fails to make payment when due or defaults on this Agreement in any material way, PivIT may, in its sole and absolute discretion, suspend credit, delay, or stop work and/or pursue all remedies available in law, equity or otherwise under this Agreement.
3. Taxes And Expenses. All stated prices exclude taxes such as sales tax and VAT tax, which, except for taxes based on PivIT income and employment taxes related to PivIT employees, shall be borne by Customer.
4. Term And Termination. Term shall be set forth on the Quote and shall become effective on the date written above and can take 4-6 weeks to be fully executed and properly spared. This Agreement may be terminated by either party immediately, if the other party (i) breaches any material term or condition of this Agreement and fails to remedy the breach within ten (10) days after being given written notice thereof; (ii) becomes the subject of any voluntary or involuntary proceeding under the U.S. Bankruptcy Code or state insolvency proceeding and such proceeding is not terminated within sixty (60) days of its commencement, or (iii) ceases to be actively engaged in business. PivIT may terminate this Agreement, with or without cause, by giving Customer at least ten (10) days’ prior written notice, specifying the intended date of termination.
Agreements with an annual value of less than $3000 are understood to be non-cancellable, non-changeable, and non-refundable (unless otherwise noted). Items may be removed from coverage and will be reflected by a prorated credit on-file for future purchases, (unless otherwise noted). Additions or removals will take effect 30 days after the end of the calendar month from when the written notice is provided to PivIT.
5. Confidentiality. “Confidential Information” shall mean any information disclosed by either party to the other party, directly or indirectly, in any manner, including in writing, orally or by inspection of tangible objects that: (a) is either designated as “Confidential”, “Proprietary” or some other similar designation; (b) is otherwise reasonably identifiable as the confidential or proprietary information of the disclosing party; (c) is not generally known in the businesses and industries in which the receiving party is directly or indirectly engaged, or in which the receiving party may become engaged during the term of this Agreement; or (d) under the circumstances of disclosure should reasonably be considered as confidential or proprietary information of the disclosing party.
Each party agrees not to use any Confidential Information of the other party for any purpose except in the performance of the Services. Each party agrees not to disclose any Confidential Information of the other party to such party’s employees or to third parties, other than those who need to know such information for the purposes hereof. Each party agrees that prototypes, software, or other tangible objects that embody the other party’s Confidential Information shall not be reverse engineered, disassembled, or decompiled. Each party agrees that it shall take reasonable efforts to protect the secrecy of and avoid disclosure and unauthorized use of any Confidential Information of the other party. Without limiting the foregoing, each party shall take at least those measures that it takes to protect its own most highly confidential information.
The Term “Confidential Information” shall not include information that is:
(a) or becomes publicly known and generally available without violation of this Agreement;
(b) in the possession of the receiving party prior to the disclosure without the obligation to maintain its confidentiality;
(c) independently developed by the receiving party without use of or reference to the disclosing party’s Confidential Information;
(d) obtained from third parties without restrictions on disclosure; or,
(e) required by law or legal process to be disclosed by the receiving party, provided that, if permitted, the receiving party gives the disclosing party prompt written notice prior to such disclosure.
All documents and other tangible objects containing or representing Confidential Information which have been disclosed by either party to the other party, and all copies thereof which are in the possession of the receiving party, shall be and remain the property of the disclosing party and shall promptly be returned to the disclosing party upon the request of the disclosing party.
Except as expressly provided herein, nothing contained in this Agreement is intended to grant any rights to either party under any patent, mask work right, copyright, trademark, service mark or other intellectual property right of the other party.
6. Disclaimer Of Warranties. EXCEPT AS EXPRESSLY PROVIDED UNDER THIS AGREEMENT, PIVIT PROVIDES THE SERVICES AND DELIVERABLES “AS IS”, WITHOUT WARRANTY OF ANY KIND. PIVIT DISCLAIMS ANY IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
7. Indemification. During the term of this Agreement and for a period of up to 12 months from the date of its termination, PivIT agrees to defend or settle any third-party suit or proceeding brought against Customer that claims an Indemnified Item delivered by PivIT alone and not in combination with any other product constitutes a direct infringement of any U.S. copyright or patent, and subject to the remaining provisions of this Agreement.
8. Limitation Of Liability. Either party’s aggregate liability for damages to the other party or any third party, if any, arising from or related to this Agreement, regardless of whether the claim for damages is based in contract, tort, strict liability or otherwise, shall not exceed the amount of fees actually paid by Customer to PivIT pursuant this Agreement for the preceding six (6) months from the date the claim arose, exclusive of expenses. In the event the Services are provided at no charge to Customer, PivIT’ liability shall, in no event, exceed US $5,000.00. This limitation of liability is cumulative and not per-incident (i.e., the existence of two or more claims will not enlarge this limit.)
In no event shall either party be liable for any indirect, special, incidental, punitive or consequential damages, including without limitation, damages for loss of profits or data, whether arising in contract, tort (including negligence) or otherwise, even if such party has been informed of the possibility thereof. In no event shall PivIT be liable to Customer for any damages resulting from or related to any delay in the delivery of Services under this Agreement.
IN NO EVENT SHALL PIVIT BE LIABLE FOR ANY LOSS OR DAMAGES RESULTING FROM THE LOSS OF CUSTOMER DATA.
9. Governing Law. This Agreement and any claim arising under or relating to this Agreement shall be construed and interpreted according to the internal substantive laws of the State of California.
10. Assignment. Customer may not assign this Agreement without PivIT’s prior written consent.
11. Entire Agreement; Amendment. This Agreement is the entire understanding between Customer and PivIT with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, dealings, and negotiations. Any amendment or modification to this Agreement must (a) be in writing signed by authorized signatories of both parties, and (b) reference this Agreement. Notwithstanding the foregoing, in the event PivIT and Customer have entered into a separate agreement for the provision of the Services, the provisions of that agreement shall prevail over these General Terms and Conditions.
12. Severability. If one or more terms of this Agreement is held to be illegal or otherwise unenforceable by a court of competent jurisdiction, each such term shall be deemed deleted from this Agreement, but all other terms shall remain in full force and effect.
13. Waiver. No waiver of any rights will be effective unless assented in writing by the party to be charged, and the waiver of any breach or default will not constitute a waiver of any other right hereunder or any subsequent breach or default.
14. Independent Contractor. In performing Services under this Agreement, PivIT and its employees will be deemed independent contractors to Customer, and not an employee, agent, joint venturer, or partner of Customer and nothing herein shall be construed as creating a relationship other than that of an independent contractor.
15. Force Majeure. Except for the obligation to pay any monies due and owing, the parties shall be excused from any failure to perform any obligation hereunder to the extent such failure is caused by war, acts of public enemies, strikes or other labor disturbances, fires, floods, acts of God, failures of communication networks, or any causes of like or different kind beyond the reasonable control of the parties.
16. Attorney's Fees. In the event of any proceeding or lawsuit brought by PivIT or Customer in connection with this Agreement, the prevailing party shall be entitled to receive its costs, expert witness fees and reasonable attorneys’ fees, including costs and fees on appeal, in addition to any relief granted by a court of law.
See Below
Privacy Policy
- Visit our website at pivitglobal.com, or any website of ours that links to this privacy notice
- Download and use our mobile application (OneHub), or any other application of ours that links to this privacy notice
- Engage with us in other related ways, including any sales, marketing, or events
- names
- phone numbers
- email addresses
- Log and Usage Data. Log and usage data is service-related, diagnostic, usage, and performance information our servers automatically collect when you access or use our Services and which we record in log files. Depending on how you interact with us, this log data may include your IP address, device information, browser type, and settings and information about your activity in the Services (such as the date/time stamps associated with your usage, pages and files viewed, searches, and other actions you take such as which features you use), device event information (such as system activity, error reports (sometimes called "crash dumps"), and hardware settings).
- To facilitate account creation and authentication and otherwise manage user accounts. We may process your information so you can create and log in to your account, as well as keep your account in working order.
- To deliver and facilitate delivery of services to the user. We may process your information to provide you with the requested service.
- To respond to user inquiries/offer support to users. We may process your information to respond to your inquiries and solve any potential issues you might have with the requested service.
- To fulfill and manage your orders. We may process your information to fulfill and manage your orders, payments, returns, and exchanges made through the Services.
- To save or protect an individual's vital interest. We may process your information when necessary to save or protect an individual’s vital interest, such as to prevent harm.
- Consent. We may process your information if you have given us permission (i.e., consent) to use your personal information for a specific purpose. You can withdraw your consent at any time. Learn more about withdrawing your consent.
- Performance of a Contract. We may process your personal information when we believe it is necessary to fulfill our contractual obligations to you, including providing our Services or at your request prior to entering into a contract with you.
- Legal Obligations. We may process your information where we believe it is necessary for compliance with our legal obligations, such as to cooperate with a law enforcement body or regulatory agency, exercise or defend our legal rights, or disclose your information as evidence in litigation in which we are involved.
- Vital Interests. We may process your information where we believe it is necessary to protect your vital interests or the vital interests of a third party, such as situations involving potential threats to the safety of any person.
- If collection is clearly in the interests of an individual and consent cannot be obtained in a timely way
- For investigations and fraud detection and prevention
- For business transactions provided certain conditions are met
- If it is contained in a witness statement and the collection is necessary to assess, process, or settle an insurance claim
- For identifying injured, ill, or deceased persons and communicating with next of kin
- If we have reasonable grounds to believe an individual has been, is, or may be victim of financial abuse
- If it is reasonable to expect collection and use with consent would compromise the availability or the accuracy of the information and the collection is reasonable for purposes related to investigating a breach of an agreement or a contravention of the laws of Canada or a province
- If disclosure is required to comply with a subpoena, warrant, court order, or rules of the court relating to the production of records
- If it was produced by an individual in the course of their employment, business, or profession and the collection is consistent with the purposes for which the information was produced
- If the collection is solely for journalistic, artistic, or literary purposes
- If the information is publicly available and is specified by the regulations
- Business Transfers. We may share or transfer your information in connection with, or during negotiations of, any merger, sale of company assets, financing, or acquisition of all or a portion of our business to another company.
- When we use Google Maps Platform APIs. We may share your information with certain Google Maps Platform APIs (e.g., Google Maps API, Places API). We obtain and store on your device ("cache") your location. You may revoke your consent anytime by contacting us at the contact details provided at the end of this document.
- Business Partners. We may share your information with our business partners to offer you certain products, services, or promotions.
- Contact us using the contact information provided.
Category | Examples | Collected |
A. Identifiers
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Contact details, such as real name, alias, postal address, telephone or mobile contact number, unique personal identifier, online identifier, Internet Protocol address, email address, and account name
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NO
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B. Personal information as defined in the California Customer Records statute
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Name, contact information, education, employment, employment history, and financial information
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NO
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C. Protected classification characteristics under state or federal law
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Gender, age, date of birth, race and ethnicity, national origin, marital status, and other demographic data
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NO
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D. Commercial information
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Transaction information, purchase history, financial details, and payment information
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NO
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E. Biometric information
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Fingerprints and voiceprints
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NO
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F. Internet or other similar network activity
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Browsing history, search history, online behavior, interest data, and interactions with our and other websites, applications, systems, and advertisements
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NO
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G. Geolocation data
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Device location
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NO
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H. Audio, electronic, sensory, or similar information
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Images and audio, video or call recordings created in connection with our business activities
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NO
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I. Professional or employment-related information
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Business contact details in order to provide you our Services at a business level or job title, work history, and professional qualifications if you apply for a job with us
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YES
|
J. Education Information
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Student records and directory information
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NO
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K. Inferences drawn from collected personal information
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Inferences drawn from any of the collected personal information listed above to create a profile or summary about, for example, an individual’s preferences and characteristics
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NO
|
L. Sensitive personal Information |
NO
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- Receiving help through our customer support channels;
- Participation in customer surveys or contests; and
- Facilitation in the delivery of our Services and to respond to your inquiries.
- Category I - As long as the user has an account with us
- Right to know whether or not we are processing your personal data
- Right to access your personal data
- Right to correct inaccuracies in your personal data
- Right to request the deletion of your personal data
- Right to obtain a copy of the personal data you previously shared with us
- Right to non-discrimination for exercising your rights
- Right to opt out of the processing of your personal data if it is used for targeted advertising (or sharing as defined under California’s privacy law), the sale of personal data, or profiling in furtherance of decisions that produce legal or similarly significant effects ("profiling")
- Right to obtain a list of the categories of third parties to which we have disclosed personal data (as permitted by applicable law, including California's and Delaware's privacy law)
- Right to obtain a list of specific third parties to which we have disclosed personal data (as permitted by applicable law, including Oregon’s privacy law)
- Right to limit use and disclosure of sensitive personal data (as permitted by applicable law, including California’s privacy law)
- Right to opt out of the collection of sensitive data and personal data collected through the operation of a voice or facial recognition feature (as permitted by applicable law, including Florida’s privacy law)
Terms Of Use
Last updated July 1, 2024
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and PivIT Global, Inc ("Company", “we”, “us”, or “our”), concerning your access to and use of the http://pivitglobal.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use or register for the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the Site for any illegal or unauthorized purpose; and (7) your use of the Site will not violate any applicable law or regulation.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by other users of the Site and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
3. You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
4. Your Contributions are not false, inaccurate, or misleading.
5. Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
6. Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
7. Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
8. Your Contributions do not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
9. Your Contributions do not violate any applicable law, regulation, or rule.
10. Your Contributions do not violate the privacy or publicity rights of any third party.
11. Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
12. Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
13. Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
14. Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site or making Contributions accessible to the Site by linking your account from the Site to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SOCIAL MEDIA
As part of the functionality of the Site, you may link your account with online accounts you have with third-party service providers (each such account, a “Third-Party Account”) by either: (1) providing your Third-Party Account login information through the Site; or (2) allowing us to access your Third-Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent and warrant that you are entitled to disclose your Third-Party Account login information to us and/or grant us access to your Third-Party Account, without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account, and without obligating us to pay any fees or making us subject to any usage limitations imposed by the third-party service provider of the Third-Party Account. By granting us access to any Third-Party Accounts, you understand that (1) we may access, make available, and store (if applicable) any content that you have provided to and stored in your Third-Party Account (the “Social Network Content”) so that it is available on and through the Site via your account, including without limitation any friend lists and (2) we may submit to and receive from your Third-Party Account additional information to the extent you are notified when you link your account with the Third-Party Account. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts may be available on and through your account on the Site. Please note that if a Third-Party Account or associated service becomes unavailable or our access to such Third Party Account is terminated by the third-party service provider, then Social Network Content may no longer be available on and through the Site. You will have the ability to disable the connection between your account on the Site and your Third-Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. We make no effort to review any Social Network Content for any purpose, including but not limited to, for accuracy, legality, or non-infringement, and we are not responsible for any Social Network Content. You acknowledge and agree that we may access your email address book associated with a Third-Party Account and your contacts list stored on your mobile device or tablet computer solely for purposes of identifying and informing you of those contacts who have also registered to use the Site. You can deactivate the connection between the Site and your Third-Party Account by contacting us using the contact information below or through your account settings (if applicable). We will attempt to delete any information stored on our servers that was obtained through such Third-Party Account, except the username and profile picture that become associated with your account.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITE AND CONTENT
The Site may contain (or you may be sent via the Site) links to other websites ("Third-Party Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Party Content"). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENY
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy: https://app.termly.io/document/privacy-policy/c626b51b-0cb5-45f5-9efd-cbb2b0f8aa63. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site is hosted in __________. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in __________, then through your continued use of the Site, you are transferring your data to __________, and you agree to have your data transferred to and processed in __________.
COPYRIGHT INFRINGEMENTS
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.
We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms shall be governed by and defined following the laws of __________. PivIT Global, Inc and yourself irrevocably consent that the courts of __________ shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by the International Commercial Arbitration Court under the European Arbitration Chamber (Belgium, Brussels, Avenue Louise, 146) according to the Rules of this ICAC, which, as a result of referring to it, is considered as the part of this clause. The number of arbitrators shall be __________. The seat, or legal place, of arbitration shall be __________. The language of the proceedings shall be __________. The governing law of the contract shall be the substantive law of __________.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) 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.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
PivIT Global, Inc
925 De La Vina Street, Suite B
Santa Barbara, CA 93101
United States
Phone: (+1)8887474847
hello@pivitglobal.com
Cookie Policy
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Expires in: | 1 year 24 days |
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Disclaimer
Last updated April 02, 2019
WEBSITE DISCLAIMER
The information provided by PivIT Global, Inc (“we,” “us”, or “our”) on http://pivitglobal.com (the “Site”) is for general informational purposes only. All information on the Site is provided in good faith, however we make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information on the Site. UNDER NO CIRCUMSTANCE SHALL WE HAVE ANY LIABILITY TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF THE SITE OR RELIANCE ON ANY INFORMATION PROVIDED ON THE SITE. YOUR USE OF THE SITE AND YOUR RELIANCE ON ANY INFORMATION ON THE SITE IS SOLELY AT YOUR OWN RISK.
EXTERNAL LINKS DISCLAIMER
The Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AFFILIATES DISCLAIMER
The Site may contain links to affiliate websites, and we receive an affiliate commission for any purchases made by you on the affiliate website using such links. Our affiliates include the following:
TESTIMONIALS DISCLAIMER
The Site may contain testimonials by users of our products and/or services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those particular users, and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on the Site are submitted in various forms such as text, audio and/or video, and are reviewed by us before being posted. Testimonials are edited and adapted to fit the directives of our initiatives, without, using out best effort, editing the sentiment of the original testimonial transcript.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide