Agreement between User and Pivotous Collective LLC Update 1/3/2021
Pivotous Collective LLC constitutes is marketing, consulting, and education service provider.
Our sites (Pivotous social & Pivotous connect) provide and sells educational courses and resources and is a software as a service (SaaS) platform.
Visiting our site(s) or sending emails to Pivotous constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email, and on the Site, satisfy any legal requirement that such communications be in writing.
If you use our sites, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pivotous is not responsible for third party access to your account that results from theft or misappropriation of your account. Pivotous and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Pivotous collects personally identifiable information from all users.
By using our Site you confirm that you are authorized by someone 18 years or older to enter valid payment information and by doing so have legally entered into a contract as the adult providing the payment information.
You may cancel your subscription without any penalty or obligation, only if notice of cancellation is given, in writing, within 10 business days from the date on which you first purchased our services. For purposes of this section, business days are Monday through Friday. To cancel email a written request with your name, email address, and the language “I would like to cancel my subscription” to firstname.lastname@example.org within those 10 business days. Once you have completed your purchase, you are utilizing our services as a listing service.
You may cancel your monthly or yearly subscription at any time prior to your monthly billing date to avoid the next month’s or year’s charge. You can request your account be canceled by sending an email to email@example.com
No refunds will be given after the initial 10 days for weekly or yearly subscription plans
** All content and communication from Pivotous staff, websites, or any other form of communication constitutes Pivotous Collective LLC’s intellectual property. Any Downloading, distributing, or the resale of any intellectual property, progression on any course, lesson, topic, quiz, or assignment, forfeits your right to request a refund and your account will be subject to immediate cancelation.
Pivotous Premium Service:
All premium services include access to Pivotous Connect and Pivotous Social (LMS and community access.) Our premium services are billed prior to the start of each 30-day cycle and contracted for 90-day engagement periods. Each 90-day sprint is customized to each individual client and specifics are outlined in detail within the offer letter and proposal. Each 90-day sprint will auto-renew unless otherwise determined by the client.
To Cancel a premium service contact for any reason, the client is required to submit a formal request through email 10 days prior to the start of the next 90-day engagement period.
Each time you access and/or use the Services, you agree to these Terms and any additional terms that may appear for the Services you select.
You Agree to Our Billing Terms
You agree to pay all fees and other charges at the prices then in effect for your use of the Services including any applicable taxes, and you authorize us to charge your payment provider for the Services, including any recurring fees using your billing Information.
Removal of Account
Should you wish to have your account completely removed simply send a request to firstname.lastname@example.org
Links to third party sites/Third party services
Our sites may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Pivotous and Pivotous is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pivotous is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pivotous of the site or any association with its operators.
Certain services made available via our sites are delivered by third party sites and organizations. By using any product, service or functionality originating from our sites’ domain, you hereby acknowledge and consent that Pivotous may share such information and data with any third party with whom Pivotous has a contractual relationship to provide the requested product, service or functionality on behalf of our users and customers.
When you subscribe to PivotousSocial.com or any other site controlled by Pivotous Collective you’re agreeing to the T&C of our Affiliate Program as well as this site. We are not responsible for loss of any commissions due to the loss of credentials or any misinformation regarding your payment method.
All commissions will be paid on a monthly basis after at least 30 days have passed from any sales. If you cancel your subscription to Pivotous Social and keep your affiliate account, you are still eligible to receive commissions.
No unlawful or prohibited use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pivotous or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pivotous content is not for resale unless written permission has been given otherwise. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of Pivotous and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pivotous or our licensors except as expressly authorized by these Terms.
Use of communication services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including email addresses, without their consent; violate any applicable laws or regulations.
Pivotous has no obligation to monitor the Communication Services. However, Pivotous reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pivotous reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pivotous reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pivotous’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pivotous does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pivotous specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pivotous spokespersons, and their views do not necessarily reflect those of Pivotous.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials provided to our sites or posted on any Pivotous web page Pivotous does not claim ownership of the materials you provide to Pivotous (including feedback and suggestions) or post, upload, input or submit to any Pivotous Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Pivotous, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
The Service is controlled, operated and administered by Pivotous from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pivotous Content accessed through our sites in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
You agree to indemnify, defend and hold harmless Pivotous, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pivotous reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pivotous in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pivotous Collective LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Pivotous Collective LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pivotous Collective LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Pivotous reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Idaho and you hereby consent to the exclusive jurisdiction and venue of courts in the State of Idaho in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pivotous as a result of this agreement or use of the Site. Pivotous’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pivotous’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pivotous with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pivotous with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pivotous with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pivotous reserves the right, in its sole discretion, to change the Terms under which our sites are offered. The most current version of the Terms will supersede all previous versions. Pivotous encourages you to periodically review the Terms to stay informed of our updates. Every time you log in to your account you are accepting the current terms and conditions.
Pivotous welcomes your questions or comments regarding the Terms:
Our website address is: https://pivotoussocial.com.
What personal data we collect and why we collect it
When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.
If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.
If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.
If you visit our login page, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.
When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.
If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.
Embedded content from other websites
Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.
Who we share your data with
How long we retain your data
If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.
For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.
What rights you have over your data
If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.
Where we send your data
Visitor comments may be checked through an automated spam detection service.
Your contact information
How we protect your data
What data breach procedures we have in place
What third parties we receive data from
What automated decision making and/or profiling we do with user data