Terms of Use
Pivot, Inc. (collectively, "we," "us" or "Pivot") provides you access to the Services (defined below) subject to the terms and conditions described in this document (this "Terms of Use") and any other guidelines, rules or licenses posted in connection with any Online Courses (defined below). These Terms of Use also includes our Privacy Policy, incorporated by this reference.
By using this Service, clicking "I Agree", registering a User Account (defined below), purchasing an Online Course, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. The Services are not intended for, nor directed at, individuals under the age of 18 (or under the applicable age of consent in your jurisdiction); if you are under 18 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.
By using this Service, clicking "I Agree", registering a User Account (defined below), purchasing an Online Course, or by indicating your agreement to this Terms of Use through a similar mechanism, you are agreeing to be bound by this Terms of Use. If you do not agree to this Terms of Use, do not use the Services. The Services are not intended for, nor directed at, individuals under the age of 18 (or under the applicable age of consent in your jurisdiction); if you are under 18 years of age (or the applicable age of consent in your jurisdiction), do not use the Services.
Services
Pivot provides online education services (each a "Service" and together the "Services") through its website located at https://pivot.ws, as well as any other websites and applications owned, operated, or controlled by us (each a "Website" and collectively the "Websites"), including, without limitation, all information, content, services, and materials made available through any Website, social media channels, or other online or onsite channels that enable you to participate in any Pivot online educational programs (collectively, the "Online Courses") and related services, or any part thereof.
Pivot offers certain Online Courses for independent, creative professionals, such as personal stylists, interior designers, wellness and relationship coaches, nutritionists, and the like. Each such Online Course’s duration is 6 months, with new courses starting every week. Each Online Course contains a number of weekly modules, with each containing several hours of online course instruction, a weekly webinar with the instructor, and a presentation from an industry representative. Upon completion of 4 months of an Online Course, if a Student (as defined below) completes all of the assignments on time, and attends all classes, such Student should be able to get at least 2 clients of his or her own.
A certificate of accomplishment upon conclusion of the applicable Online Course, shall be awarded, in the sole discretion of Pivot and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of Pivot including without limitation being in compliance with all Pivot policies.
Pivot reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that Pivot shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate Pivot to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.
Pivot and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that Pivot and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as Pivot and the instructors deem appropriate.
Pivot offers certain Online Courses for independent, creative professionals, such as personal stylists, interior designers, wellness and relationship coaches, nutritionists, and the like. Each such Online Course’s duration is 6 months, with new courses starting every week. Each Online Course contains a number of weekly modules, with each containing several hours of online course instruction, a weekly webinar with the instructor, and a presentation from an industry representative. Upon completion of 4 months of an Online Course, if a Student (as defined below) completes all of the assignments on time, and attends all classes, such Student should be able to get at least 2 clients of his or her own.
A certificate of accomplishment upon conclusion of the applicable Online Course, shall be awarded, in the sole discretion of Pivot and the instructors for the Online Courses, to Students who have completed the course to the satisfaction of Pivot including without limitation being in compliance with all Pivot policies.
Pivot reserves the right, at any time and from time to time, to modify, discontinue, temporarily or permanently, the Services provided or any part or portion thereof, with or without notice to you. You agree that Pivot shall not be liable to you or to any third party for any modifications, suspensions, or discontinuance of the Services, or any portion thereof. Nothing in this Terms of Use shall be construed to obligate Pivot to maintain and support the Services or any part or portion thereof, during the term of this Terms of Use.
Pivot and the instructors of the Online Courses further reserve the right to alter, modify or rearrange the schedule of topics for the Online Courses, as well as the point value or weight of assignments, tests, quizzes, exams, projects, and other such evaluations of progress. By attending the Online Courses, Students acknowledge that Pivot and the instructors maintain the right and ability to adapt, modify or revise the Online Courses as Pivot and the instructors deem appropriate.
Access and user accounts
Access: There are different ways in which you may access or use the Services. In each and every instance, you are only authorized to use the Services if you agree to abide by all applicable laws, rules, regulations, as well as this Terms of Use. You may access the Services as:
User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification and a unique user password (a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses.
- a "Visitor," meaning any individual that browses any of our Services without being registered;
- a "Student," meaning that you have created a User Account (defined below) registered and have enrolled in and paid for access to the Online Courses and that you intend to complete the applicable program, including the homework assignments, and other requirements related to those individual programs;
User Accounts: In order to use, access, or take part in many of our Services, including the Online Courses or to provide Mentor Services, you must select a login identification and a unique user password (a "User Account"). You agree that you will never divulge or share access to your User Account with any third party for any reason.
In setting up your User Account, you may be prompted or required to enter additional information, including, but not limited, to your name and email address. You understand and agree that all information provided by you is accurate, current, and complete and that you will maintain and update your information to keep it accurate, current, and complete. You acknowledge that if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate your use of the Services and your enrollment any Online Courses.
Modification of this terms of use
We reserve the right to change or modify this Terms of Use at our sole discretion at any time. We will notify you of any material changes to the terms and conditions of this Terms of Use or to any service or other feature of the Services and you must accept such changes in order to continue your use and access thereof. If you do not accept such changes your use and/or access to the Services will be terminated. Any change or modification to this Terms of Use will be effective immediately upon posting by Pivot on its Websites or applications, or as of the date indicated in the updated Terms of Use.
Visitor communications
If you are Visitor, we may contact you through our in-website and in-mobile app notification, messaging, and chat services while you browse the Services. You consent to receive these notifications and messages. We also provide information on our Websites for you to contact us with questions or comments. If you use this information to contact us, you consent to receive any notifications, messages, or other communications in response to any such contact.
Student communications
Agreement to Receive Electronic Communications.
If you are a Student, you expressly consent to electronically receive all communications, agreements, documents, notices, and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
Agreement to Receive Calls and SMS Messaging.
By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our Services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive auto-dialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you. To opt-out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to Pivot on our behalf as noted below, without your consent. We may share your phone numbers with our Affiliates or with our third-party service providers, such as the provision of Services, customer support, billing, or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using auto-dialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.
If you are a Student, you expressly consent to electronically receive all communications, agreements, documents, notices, and disclosures whether transactional or promotional in nature as described more fully in the Privacy Policy. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form.
Agreement to Receive Calls and SMS Messaging.
By agreeing to receive electronic communications and/or by providing us your telephone or mobile number in connection our Services, represent that you are the subscriber of the cellular service at the mobile number provided, or that you are authorized by the subscriber to sign up to receive communications by telephone or text message. You further consent to receive auto-dialed or prerecorded calls, SMS, and/or text messages from us so that we may (i) notify you about activity connected with your User Account and any use thereof; (ii) provide you with Services associated with the Websites or Online Courses; (iii) troubleshoot problems with your User Account; (iv) resolve disputes; (v) collect debts; or (vi) as otherwise necessary to service your User Account or enforce this Terms of Use, our policies, applicable law, or any other agreement we may have with you. To opt-out of receiving offers and promotions by phone or SMS, please text STOP in reply to any communication sent by us or to the phone number identified in connection with our Service from the device for which you no longer wish to receive communications. We won’t share your phone number with third parties for any other purposes, other than to provide services to Pivot on our behalf as noted below, without your consent. We may share your phone numbers with our Affiliates or with our third-party service providers, such as the provision of Services, customer support, billing, or collections companies, who we have contracted with to assist us in pursuing our rights or performing our obligations under this Terms of Use, our policies, applicable law, or any other agreement we may have with you. Other than prohibited by law, you agree these parties may also contact you using auto-dialed or prerecorded calls and text messages, as authorized by us to carry out the purposes we have identified above, and not for their own purposes. Standard telephone minute and text charges may apply.
Privacy
In connection with your use of the Services we may collect, store, use, share, and/or process certain information about you and your interaction with our Services. For further explanation on how we treat information collected and received from you when you use the Services and/or participate in our Online Courses, please see our Privacy Policy https://pivot.ws/terms/privacy_policy.
User conduct policy
As a condition of accessing or using any of the Services and/or Online Courses, you are, prohibited from undertaking, and agree not to: (a) violate any applicable laws, regulations, or rules; (b) set up multiple User Accounts, © reproduce, duplicate, copy, sell, resell, display, publish, transfer, distribute, create derivative works of, or exploit for any commercial purposes any portion of the Services, the Online Courses, any Content (as defined below), or any other aspect of our operations, other than as expressly allowed under this Terms of Use; (d) reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate the Services; (e) use Pivot’s name, trademarks, service marks, or other materials in connection with, or to transmit, any unsolicited communications or emails; (f) use any high volume, automated, electronic, or third party means to access the Services including without limitation robots, crawlers, browser plug-ins, browser extensions, spiders, or scripts ("Add-ons")); (g) frame the Services, place pop-up windows over its pages, or otherwise affect the display of its pages; (h) falsely state, impersonate, or otherwise misrepresent your identity, including but not limited to the use of a pseudonym or misrepresenting your affiliations with a person or entity, past or present; (i) force headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; (j) directly, or through any Add-ons, scrape any part of the Websites and/or Services; and/or (k) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services.
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
In addition, you may not post, upload, or transmit to or otherwise make available through the Services any content, communications, or other information (collectively, "Unauthorized Content"):
- that is obscene, fraudulent, indecent, or libelous or that defames, abuses, harasses, discriminates against or threatens others;
- that contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful components intended to or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information
- that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- that infringes the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property or proprietary right of any third party;
- that violates the rights of other Users of the Services; or
- that violates any applicable local, state, national or international law or otherwise advocates or encourages any illegal activity.
Pivot’s intellectual property rights
The Services are owned and operated by Pivot and its licensors. All content or other material available through the Services, including, but not limited to, information on the Websites, on-line lectures, speeches, video or other lessons, applications, pre-assessments and assessments, quizzes, presentation materials, homework assignments, programming assignments, programs, code, licenses, and other images, text, layouts, arrangements, displays, illustrations, documents, surveys, materials, audio and video clips, HTML, and files (collectively, the "Content"), are the property of Pivot and/or its affiliates or licensors and are protected by copyright, patent and/or other proprietary intellectual property rights under United States of America ("US") and foreign law.
Pivot logos, trademarks and service marks which may appear on the Website (s), throughout the Services and in Online Courses ("Marks"), are the property of Pivot and are protected under US and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Pivot.
From time to time, Pivot may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Pivot and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
Pivot logos, trademarks and service marks which may appear on the Website (s), throughout the Services and in Online Courses ("Marks"), are the property of Pivot and are protected under US and foreign laws. All other trademarks, service marks, and logos used on the Services, with or without attribution, are the trademarks, service marks, or logos of their respective owners. In addition, elements of the Services are protected by trade dress and other federal and state intellectual property laws and may not be copied, reproduced, downloaded or distributed in any way in whole or in part without the express written consent of Pivot.
From time to time, Pivot may include software, code, instructions, or other such information in the Content or materials for the Services; any such information is provided on an "as-is" basis for instructional purposes only and is subject to the Disclaimer of Warranties and Limitation of Liabilities sections below and other terms herein. Any use of such information for commercial purposes is strictly prohibited. Pivot and/or its affiliates and licensors reserve all rights not expressly granted herein to the Services, Content, and Marks.
License to use the services
Subject to your compliance with this Terms of Use, Pivot hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under the Section entitled "License to Educational Content" below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses, or on the Content.
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. Pivot has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. Pivot has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
License to educational content
As used herein, "Educational Content" means a subset of the Content containing the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, and other educational materials and tools. Such Educational Content will be considered the "Licensed Material" under the terms of the CC License (as defined below).
Pivot hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that Pivot expressly defines as falling outside of the definition of "non-commercial":
Pivot hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that Pivot expressly defines as falling outside of the definition of "non-commercial":
- (a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
- (b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
- © providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
- (d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any "pop-up advertisements";
- (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
- (f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
User content
Pivot may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). Pivot is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Pivot does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to Pivot below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pivot to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, © as between you and Pivot, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the US or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the US or the country in which you reside.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pivot to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, © as between you and Pivot, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the US or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the US or the country in which you reside.
License to use the services
Subject to your compliance with this Terms of Use, Pivot hereby grants you a freely revocable, worldwide, non-exclusive, non- transferable, non-sublicensable limited right and license (a) to access, internally use and display the Services, including the Content, at your location solely as necessary to participate in the Online Courses as permitted hereunder, and (b) to download the Educational Content (as defined below) so that you may exercise the rights granted to you under the Section entitled "License to Educational Content" below. You must abide by all copyright notices or restrictions contained on the Websites, in any Online Course, or in the Content. You may not delete any attributions, legal or proprietary notices on the Websites, in the Online Courses, or on the Content.
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. Pivot has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
In some instances, some of the Content belonging to our licenses and provided in connection with the Online Courses, may require you to agree to that licensor’s terms and conditions. Pivot has no control and is not responsible for those third-party services as further described in the Linking to Third Party Sites and Content section below.
License to educational content
As used herein, "Educational Content" means a subset of the Content containing the educational materials made available to you through the Online Courses, including such online lectures, speeches, video lessons, quizzes, presentation materials, homework assignments, and other educational materials and tools. Such Educational Content will be considered the "Licensed Material" under the terms of the CC License (as defined below).
Pivot hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that Pivot expressly defines as falling outside of the definition of "non-commercial":
Pivot hereby grants you a license in and to the Educational Content subject to, as modified herein, the terms and conditions of the Creative Commons Attribution-NonCommercial- NoDerivs 3.0 License located at http://creativecommons.org/licenses/by-nc-nd/4.0 and successor locations for such license (the "CC License") provided that, in each case, the Educational Content is specifically marked as being subject to the CC License.
Without limiting the generality of the terms of the CC License, the following are types of uses that Pivot expressly defines as falling outside of the definition of "non-commercial":
- (a) the sale or rental of (i) any part of the Educational Content, ((ii) any derivative works based at least in part on the Educational (Content, or (iii) any collective work that includes any part of the (Educational Content;
- (b) the sale of access or a link to any part of the Educational (Content without first obtaining informed consent from the buyer (that the buyer is aware that the Educational Content, or such part (thereof, is available at the Website free of charge;
- © providing training, support, or editorial services that use or (reference the Educational Content in exchange for a fee;
- (d) the sale of advertisements, sponsorships, or promotions placed (on the Educational Content, or any part thereof, or the sale of (advertisements, sponsorships, or promotions on any website or blog (containing any part of the Educational Material, including without (limitation any "pop-up advertisements";
- (e) the use of Educational Content by a college, university, school, or other educational institution for instruction where tuition is charged; and
- (f) the use of Educational Content by a for-profit corporation or non-profit entity for internal professional development or training.
User content
Pivot may provide Users with the ability to upload forum posts, chat with other Users, User discussions as well as post content, discussions, materials, media, and other information through profile pages and throughout the Services for social interaction or for use with the Websites or Online Courses, e.g., questions, hypotheticals, examples, etc. (collectively, "User Content"). Pivot is not responsible that User Content and does not guarantee that any such User Content is accurate, truthful, up to date, reliable, or appropriate and disclaims any and all liability to you to the fullest extent of the law related to such User Content. You understand and agree that your reliance and/or reference to such User Content is solely at your own risk. Pivot does not claim ownership of any User Content you, or other Users, may submit or make available for inclusion on the Websites or Online Courses. Accordingly, subject to the license granted to Pivot below, you will be the sole and exclusive owner of any and all rights, title and interest in and to the User Content that you submit, post, or share via our Services.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pivot to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, © as between you and Pivot, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the US or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the US or the country in which you reside.
To the extent that you provide any User Content through any of the Services, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content and permit Pivot to use such User Content as provided above, (b) your User Content is accurate and reasonably complete, © as between you and Pivot, you shall be responsible for the payment of any third-party fees related to the provision and use of such User Content, (d) such User Content does not violate and will not infringe or misappropriate any third party rights or constitute a fraudulent statement or misrepresentation or unfair business practices and (e) your User Content shall comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content, including, but not limiting to, laws regarding the transmission of technical data exported from the US or the country in which you reside.
With respect to any submissions of User Content, you agree to comply with all applicable local rules including but not limited to rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the US or the country in which you reside.
Forum, blog, and chatroom services
You may be able to post messages to, and interact with other Users, Pivot staff, or the Services providers through, User forums, chat rooms, or blogs within the Services, in connection with your participation in any Online Courses (each a "Forum"). Your use of these Forums is subject to and governed by this Terms of Use. By using any of the communications methods available on the Online Courses, you acknowledge and agree that (a) all communications methods constitute public, and not private, means of communication between you and the other party or parties, (b) communications sent to or received from third party service providers or other third parties are not endorsed, sponsored or approved by Pivot in any manner (unless expressly stated otherwise by Pivot) and © communications are not pre-reviewed, post- reviewed, screened, archived or otherwise monitored by Pivot in any manner, though Pivot reserves the right to do so at any time at its sole discretion in accordance with this Terms of Use. You acknowledge and agree that any Services Pivot provides to you via such Forums may be monitored or recorded for quality control purposes and that the information or material provided as part of the services is considered "Content" under this Terms of Use and is provided for educational purposes only.
Social sharing and pivot profiles
To the extent you utilize any features of our Service that allow for public and/or social sharing of Forum content, User Content, or Profiles (as defined in our Privacy Policy), you understand that such information may be made available to third parties. While we attempt to limit access to your such content to legitimate Users, we cannot guarantee that other third parties will not gain access to this database. Additionally, we cannot guarantee control of the use made of socially shared information by third parties who access information you’ve shared our Profiles database. Once socially shared information, including, but not limited to, your Profile, has been disclosed, we are not able to retrieve it from the third parties who accessed it or ensure the destruction of it by those third parties.
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties' access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website (s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.
You should not put sensitive information or other information you would not want made public, in your Profile or otherwise share that information socially. If you do include such information in your Profile or otherwise publicly share your information, then you agree that it is at your own risk and recognize that we cannot control third parties' access to such information. You should not socially share or otherwise provide any of the following information or data in your Profile: (i) racial or ethnic origin, (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union or political party (v) physical or mental health or biometric or genetic details (vi) addictions, sexual activities (vii) criminal offences or proceedings (viii) information relating to unlawful or objectionable conduct, or (ix) any Social Security Number or national identification number.
You also should be aware that your Profile or other information you share socially may be visible and/or monitored by your current employer if they have access to the Website (s). In addition, if your employer has sponsored or paid for your Online Course, your access to our career services offering may be disabled.
Payment terms
The cost of each Online Course is $ 1,450.00, the fee is due in 10 monthly installments, as set forth in these Terms of Use.
By enrolling in an Online Course or purchasing any of our Services and providing Pivot with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Pivot through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process ("Payment Method"). You agree to Pivot’s third-party payment provider storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Pivot does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special Nanodegree Terms) may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
Automatic Subscription Based Payments. BY SELECTING AN AUTOMATIC SUBSCRIPTION BASED ENROLLMENT, YOU EXPRESSLY AUTHORIZE PIVOT TO AUTOMATICALLY CHARGE THE APPLICABLE RECURRING MONTHLY FEE AND ANY AND ALL APPLICABLE TAXES TO YOUR PAYMENT METHOD UNLESS AND UNTIL YOU CANCEL, ARE REMOVED, OR GRADUATE. For any Services or products that are provided on an automatic subscription basis, unless otherwise specified during enrollment, your first monthly payment will be charged to your Payment Method upon your purchase date. Your subscription will continue on a month-to-month basis with recurring payments unless and until you cancel, are removed, or graduate. You agree to pay the then-current applicable monthly payment.
After the first month automated subscription payment, for each subsequent month, the monthly fee will automatically be billed on the 5th calendar date of each such subsequent calendar month ("Billing Date"). For example, if you begin a paid subscription on January 10th, you will be charged on 5th calendar of each subsequent month; therefore you would be billed January 10th for the first month and your Billing Date will be the 5th of each subsequent month until you cancel or are removed from the Online Course or graduate.
Manual Subscription Payments. If you elect to pay by manual monthly subscription payment for an Online Course, you will be required to make a payment each month in order to manually renew your subscription and to maintain your access to the Online Course. In the event that you fail to manually renew your monthly subscription payment, your access to the Online Course will end at the end of the monthly period for which you have paid. If you terminate your manual subscription and re-enroll for the same Online Course, you will gain access to the Online Course.
By enrolling in an Online Course or purchasing any of our Services and providing Pivot with your payment information, you hereby agree to these payment terms. To purchase any services or products offered by Pivot through the Services, you must have Internet access and a current valid accepted payment method as indicated during sign-up process ("Payment Method"). You agree to Pivot’s third-party payment provider storing and accessing your payment information. You also agree to pay the applicable fees for the services or products you purchase through the Services as they become due, whether on a one-time, installment, or subscription basis. Fees may vary based on your location, the type of Payment Method used, where your Payment Method was issued, or other contractual arrangements. Your transaction with us may be subject to foreign exchange fees or differences in prices, including because of exchange rates. Pivot does not support all payment methods, currencies or locations for payment and may vary such offerings from time to time. Additionally, you understand and agree that not all promotions and pricing are available to all Students, and that specific additional terms and conditions (such as the Special Nanodegree Terms) may apply to certain promotional programs, pricing, or geographic locations. You agree to use your own valid Payment Method and not impersonate or otherwise use a Payment Method to avoid regulatory restrictions.
Automatic Subscription Based Payments. BY SELECTING AN AUTOMATIC SUBSCRIPTION BASED ENROLLMENT, YOU EXPRESSLY AUTHORIZE PIVOT TO AUTOMATICALLY CHARGE THE APPLICABLE RECURRING MONTHLY FEE AND ANY AND ALL APPLICABLE TAXES TO YOUR PAYMENT METHOD UNLESS AND UNTIL YOU CANCEL, ARE REMOVED, OR GRADUATE. For any Services or products that are provided on an automatic subscription basis, unless otherwise specified during enrollment, your first monthly payment will be charged to your Payment Method upon your purchase date. Your subscription will continue on a month-to-month basis with recurring payments unless and until you cancel, are removed, or graduate. You agree to pay the then-current applicable monthly payment.
After the first month automated subscription payment, for each subsequent month, the monthly fee will automatically be billed on the 5th calendar date of each such subsequent calendar month ("Billing Date"). For example, if you begin a paid subscription on January 10th, you will be charged on 5th calendar of each subsequent month; therefore you would be billed January 10th for the first month and your Billing Date will be the 5th of each subsequent month until you cancel or are removed from the Online Course or graduate.
Manual Subscription Payments. If you elect to pay by manual monthly subscription payment for an Online Course, you will be required to make a payment each month in order to manually renew your subscription and to maintain your access to the Online Course. In the event that you fail to manually renew your monthly subscription payment, your access to the Online Course will end at the end of the monthly period for which you have paid. If you terminate your manual subscription and re-enroll for the same Online Course, you will gain access to the Online Course.
Cancellation & refund policy
Canceling your automatic monthly subscription. Your automatic monthly renewal subscription will continue unless and until you graduate, cancel your subscription, or we terminate it. You may cancel your automatic subscription at any time by going to 'Subscription & Billing' setting found in your account 'Settings', then click 'Cancel' on your active enrollment and confirming your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. You must cancel your automatic monthly subscription the day before your next billing date occurs in order to avoid being billed for the next period’s monthly fee. If you choose to cancel your automatic monthly subscription from an Online Course, you will continue to have full access to the Online Course until the end of the current period. There is no refund for the remaining period of the month in which you canceled. Following your subscription cancellation, you will continue to have limited access to the Online Course Materials. After graduation, you will continue to have limited access to the Online Course Materials.
Cancellation terms for Manual Monthly Subscriptions. In order to cancel and request a refund go to the 'Subscription & Billing' setting found in your account 'Settings', click 'Cancel' on your active enrollment and confirm your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. Please note that Students are only entitled to one refund per Online Course.
"No Clients" Refund. If, and only if, a Student attends all classes and completes all assignments for such Online Course, and fails to get at least 2 clients by completion of the 4th month of the Online Course will be entitled to a full refund of the price of such Online Course.
Refunds. Other than stated above for each form of enrollment or payment method, you hereby acknowledge and agree that Pivot will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid, regardless of whether it is a subscription, bundled, manual subscription or one-time term payment method. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrollments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees.
Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of Pivot and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.
Taxes. When you purchase any Online Course or other Service or product from Pivot, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that Pivot determines it is required to collect ("Taxes"). Please note that Pivot will calculate the "estimated Taxes" at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Pivot to modify and charge any Taxes owed by you upon confirming the tax rate.
Credit Card Billing. Credit card payments are processed by our third-party payment processor (s), Stripe, Inc. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service. Any breach of those terms will be treated as a breach of these Terms. Your credit card will be automatically be charged monthly for the cost of the Online Course and any applicable taxes. You will be automatically charged to the Payment Method for the cost of the Online Course and any applicable taxes. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.
Cancellation terms for Manual Monthly Subscriptions. In order to cancel and request a refund go to the 'Subscription & Billing' setting found in your account 'Settings', click 'Cancel' on your active enrollment and confirm your cancellation request with an Enrollment Advisor via phone (U.S. only) or online chat. Please note that Students are only entitled to one refund per Online Course.
"No Clients" Refund. If, and only if, a Student attends all classes and completes all assignments for such Online Course, and fails to get at least 2 clients by completion of the 4th month of the Online Course will be entitled to a full refund of the price of such Online Course.
Refunds. Other than stated above for each form of enrollment or payment method, you hereby acknowledge and agree that Pivot will not offer refunds on any fees and charges related to your purchase of any products or Services. This includes any partially used or unused periods for which you have already paid, regardless of whether it is a subscription, bundled, manual subscription or one-time term payment method. We do not guarantee refunds for lack of usage or dissatisfaction. For subscription-based enrollments, upon the termination of your subscription—whether by disenrollment or graduation—you will not be charged for future monthly fees. However, you will not be issued a refund for the most recently (or any previously) charged fees.
Price Changes. We reserve the right to modify, terminate, or otherwise amend the fees and features associated with your subscription. If we notify you in advance of at least fifteen (15) days, your continued use of Pivot and the Online Course after the changes have been made will constitute your acceptance of the changes. If you do not wish to continue subscribing with the new fees or features, you may terminate your subscription by cancelling at any time. If you accept the new subscription, its terms and conditions with these Terms will apply for all future months.
Taxes. When you purchase any Online Course or other Service or product from Pivot, you agree to pay not only the applicable fee, but also all applicable sales, use, value added, transaction taxes, or other government-required fees and charges that Pivot determines it is required to collect ("Taxes"). Please note that Pivot will calculate the "estimated Taxes" at checkout and that, upon confirmation, you may be responsible for a different total. All applicable taxes are calculated based on the billing information you provide us at the time of purchase. You hereby authorize Pivot to modify and charge any Taxes owed by you upon confirming the tax rate.
Credit Card Billing. Credit card payments are processed by our third-party payment processor (s), Stripe, Inc. By agreeing to this Terms of Use, you agree to be bound by Stripe’s Terms of Service. Any breach of those terms will be treated as a breach of these Terms. Your credit card will be automatically be charged monthly for the cost of the Online Course and any applicable taxes. You will be automatically charged to the Payment Method for the cost of the Online Course and any applicable taxes. If any fee is not paid in a timely manner, or our processors are unable to process your transaction using the credit card information provided, we reserve the right to terminate your account or suspend or terminate your access to the Online Course as we deem appropriate. If your payment details change, your card provider may provide us with updated card details and you agree to our collection of such details. We may use these new details in order to help prevent any interruption to the Services. If you would like to use a different payment method or if there is a change in payment method, please visit your account settings to update your billing information.
Services availability and limitations
You acknowledge and agree that Pivot’s Services, including paid services and products, are not available at all times, and that certain usage limits may apply. You also understand that Pivot, at its sole discretion, may limit, suspend, or terminate your use of any of the Services, including, without limitation those related to the Online Courses, such as records of Online Course completion. You also understand that Pivot may modify or discontinue any or all of the Services related to its Online Courses at its sole discretion.
Disclaimer of warranties
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF ANY OF THE SERVICES AND ALL CONTENT IS AT YOUR SOLE RISK AND RESPONSIBILITY. THE SERVICES AND ONLINE COURSES (INCLUDING ANY CONTENT) ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ASSUME TOTAL RESPONSIBILITY AND THE ENTIRE RISK FOR YOUR USE OF THE SERVICES, ONLINE COURSES, AND CONTENT. WITHOUT LIMITING THE FOREGOING, WE DO NOT WARRANT THAT (A) THE SERVICES, WEBSITES,, CONTENT, OR THE ONLINE COURSES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE WEBSITES OR THE ONLINE COURSES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, © THE INFORMATION OR CONTENT OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR- FREE, COMPLETELY SECURE OR RELIABLE, OR (D) THAT DEFECTS IN OR ON THE SERVICES OR CONTENT WILL BE CORRECTED. YOU ASSUME ALL RISK OF PERSONAL INJURY, INCLUDING DEATH AND DAMAGE TO PERSONAL PROPERTY, SUSTAINED FROM USE OF SERVICES.
Limitation of liability
UNDER NO CIRCUMSTANCES SHALL PIVOT BE LIABLE TO THE USER OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS TERMS OF USE (INCLUDING ANY BREACH OF SECURITY OR DATA LOSS OR USER’S RELIANCE ON OR USE OF ANYTHING LEARNED IN ANY ONLINE COURSE IN ANY MANNER) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, LOSS OR INACCURACY OF DATA OR DOCUMENTS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WHETHER ANY REMEDY SET FORTH HEREIN FAILS OF ITS ESSENTIAL PURPOSE OR OTHERWISE. PIVOT’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS TERMS OF USE WILL NOT EXCEED THE GREATER OF TWENTY U.S. DOLLARS ($ 20) OR THE AMOUNT OF FEES RECEIVED BY PIVOT FROM THE COMPLAINING USER FOR THE USE OF THE SERVICES (INCLUDING, WITHOUT LIMITATION, A USER’S USE OF CODE OR SKILLS LEARNED DURING ON AN ONLINE COURSE WHICH USER UTILIZES IN ANY MANNER); THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT EXPAND OR INCREASE THE FOREGOING LIMITATION. THE PARTIES ACKNOWLEDGE THAT THIS CLAUSE REFLECTS THE AGREED UPON ALLOCATION OF RISK BETWEEN THE PARTIES AND THAT PIVOT WOULD NOT ENTER INTO THIS TERM OF USE OR MAKE THE SERVICES AVAILABLE TO USER WITHOUT THESE LIMITATIONS ON LIABILITY. THIS LIMITATION OF LIABILITY WILL APPLY NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH HEREIN.
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
SOME OF THE ABOVE LIMITATIONS MAY NOT TO APPLY TO YOU AS NOT ALL JURISDICTIONS ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
Linking to third-party sites and content
The Websites and/or Online Courses may contain links to pages or content on third-party websites ("Linked Sites"), and those Linked Sites may contain content or offer products and/or services for sale. Pivot does not author, edit, control, or monitor these Linked Sites. You acknowledge and agree that (a) we have no responsibility for the accuracy or availability of information provided by Linked Sites, and (b) we do not control or endorse the sponsors of such Linked Sites or the content, products, advertising, or other materials presented on such Linked Sites. We may remove any Linked Sites from the Websites or Online Courses at any time for any reason or for no reason. PIVOT WILL NOT BE LIABLE FOR ANY TRANSACTIONS CONDUCTED BY YOU WITH THIRD PARTIES THROUGH THE LINKED SITES OR FOR ANY LIABILITY ARISING FROM THE REPRESENTATIONS OR INFORMATION PROVIDED ON SUCH LINKED SITES. We appreciate that Linked Sites may contain material in which the operator of the Linked Sites has intellectual property rights. We respect those rights and provide the links for information purposes only. The fact that we have linked to any Linked Site does not create or imply any relationship or partnership with the operator of such Linked Site.
Indemnity
You agree to indemnify, defend and hold harmless Pivot, its subsidiaries and affiliates, and each of their officers, directors, agents, employees, and assignees from any and all claims, liabilities, expenses and damages, including reasonable attorneys' fees and costs, made by any third party relating to or arising out of (a) your use or attempted use of the Services in violation of this Terms of Use, (b) your use or attempted use of any code, program, data, information or any other Content provided through the Services in a manner inconsistent with this Terms of Use, © your use or your violation of any law or rights of any third party, or (d) your information you post or otherwise make available on or through the Services, including without limitation any claim of infringement of intellectual property or other proprietary rights.
Termination of rights
You agree that Pivot, in its sole discretion, may deactivate your User Account or otherwise terminate your use of the Services, or any part thereof, for any reason or no reason, including, without limitation, if Pivot believes that you have (a) breached this Terms of Use; (b) infringed the intellectual property rights of a third party; © posted, uploaded or transmitted Unauthorized Content to the Services; or (d) violated or acted inconsistently with the letter or spirit of this Terms of Use or any applicable code of conduct, including, without limitation the Honor Code or Code of Community Conduct. You agree that any deactivation or termination of your access to the Services may be affected without prior notice to you and that Pivot shall not be liable to you nor any third-party for any termination of your User Account or access to the Online Courses or Services. You also acknowledge that Pivot may retain and store your information on Pivot’s systems notwithstanding any termination of your account or the Online Courses as set forth in our Privacy Policy.
Copyright infringement claims & dispute procedure
Pivot respects the rights and intellectual property of others, and we ask our Users to do the same. If you believe that your product or other work has been misrepresented or used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pivot with the following information:
For notices of disputes or claims of copyright or other intellectual property infringement, Pivot can be reached as follows: Email: hello@pivot.ws.
- a description of the product, work or other intellectual property that you claim has been misrepresented or infringed;
- a description of where and/or specific link to the material that you claim is misrepresenting or infringing your product, work or other intellectual property is located on the Online Courses;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the owner of the product, work, copyright or intellectual property, or its agent, or applicable law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the product, work, copyright or intellectual property owner or authorized to act on such owner’s behalf; and
- an electronic or physical signature of the person authorized to act on behalf of the owner of the product, copyright or other intellectual property interest.
For notices of disputes or claims of copyright or other intellectual property infringement, Pivot can be reached as follows: Email: hello@pivot.ws.
Arbitration and governing law provision
Agreement to Binding Arbitration. All claims arising out of or relating to these Terms of Use (including their formation, performance and breach), the parties' relationship with each other and/or your use of the Services shall be finally settled by binding arbitration administered by JAMS, in accordance with the JAMS Streamlined Arbitration Rules and Procedures, excluding any rules or procedures governing or permitting class actions. Each party will have the right to use legal counsel in connection with arbitration at its own expense. The parties shall select a single neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures. The arbitrator, and not any federal, state or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability or formation of these Terms of Use, including, but not limited to, any claim that all or any part of these Terms of Use is void or voidable. You may choose to engage in arbitration hearings by telephone. Arbitration hearings not conducted by telephone shall take place in Wilmington, Delaware, U.S.A., at your option. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be in writing and provide a statement of the essential findings and conclusions, shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The interpretation and enforcement of the Terms of Use shall be subject to the Federal Arbitration Act.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1−800−352−5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($ 250), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $ 250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and Pivot each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Pivot each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception — Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exception — California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New Castle County, Delaware (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New Castle County, Delaware for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Governing Law. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without giving effect to the choice of law rules of that State.
The JAMS rules governing the arbitration may be accessed at https://www.jamsadr.com/adr-rules-procedures or by calling 1−800−352−5267. If you initiate arbitration, to the extent the filing fee for the arbitration exceeds Two Hundred and Fifty U.S. Dollars ($ 250), we will pay the additional cost. If we are required to pay the additional cost of the filing fees, you should submit a request for payment of fees to JAMS along with your form for initiating the arbitration, and we will make arrangements to pay all necessary fees directly to JAMS. We will also be responsible for paying all other arbitration costs arising in connection with the arbitration, other than costs incurred by you for legal counsel, travel and other out-of-pocket costs and expenses not constituting fees or amounts payable to JAMS. You will not be required to pay fees and costs incurred by us if you do not prevail in arbitration. We will also pay JAMS to reimburse you for any portion of the $ 250 filing fee that is more than what you would otherwise have to pay to file suit in a court of law.
The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that the right to discovery may be more limited in arbitration than in court.
Class Action and Class Arbitration Waiver. You and Pivot each further agree that any arbitration shall be conducted in our respective individual capacities only and not as a class action or other representative action, and you and Pivot each expressly waive our respective right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
Exception — Small Claims Court Claims. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
Exception — California Private Attorneys General Act (PAGA) Action. Notwithstanding the parties' agreement to resolve all disputes through arbitration, either party may seek relief in a court of law for a claim arising under California’s Private Attorneys General Act.
Exclusive Venue for Litigation. To the extent that the arbitration provisions set forth in Section do not apply, or if you have opted out of arbitration, the parties agree that any litigation between them shall be filed exclusively in state or federal courts located in New Castle County, Delaware (except for small claims court actions which may be brought in the county where you reside). The parties expressly consent to exclusive jurisdiction in New Castle County, Delaware for any litigation other than small claims court actions. In the event of litigation relating to these Terms, the parties agree to waive, to the maximum extent permitted by law, any right to a jury trial, except where a jury trial waiver is not permissible under applicable law.
Governing Law. These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Delaware without giving effect to the choice of law rules of that State.
Trade regulations
Accessing the Services from territories where the Services, or any content or functionality of the Services, or portions thereof, including, but not limited to, functionality discussed in the Privacy Policy, is illegal is expressly prohibited. If you choose to access, purchase, or use the Services, in any manner, you: (i) acknowledge and agree that you do so at your own initiative and at your own risk; and (ii) represent and warrant that you are doing so in compliance with all applicable laws, regulations and orders, including, without limitation, the laws of the US to the export, re-export, transfer or resale of products or the provision of services.
Miscellaneous provisions
Pivot may freely transfer or assign any portion of its rights or delegate its obligations under this Terms of Use. You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under this Terms of Use without the prior written consent of Pivot. Pivot makes no representations that the Services operate (or are legally permitted to operate) in all geographic areas, or that the Services, or information, services or products offered through the Services are appropriate or available for use in other locations. If any provision of this Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the other provisions herein, and shall not affect the validity and enforceability of any remaining provisions. Pivot shall have no liability under this Terms of Use to the extent arising from any failure of Pivot to perform any of its obligations under this Terms of Use due to any fire, flood, earthquakes, other acts of God, war, civil unrest, terrorism, Internet failures, governmental act or court order, national emergency, strikes or labor disputes or any other event not within Pivot’s reasonable control. Pivot shall not be responsible for damage or other problems caused by any unauthorized change to this Terms of Use made by way of hacking or cracking this page.
Any delay or failure on the part of Pivot to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and Pivot relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by Pivot or through a specific writing between you and Pivot. Any notice which may be required to be given to us under this Terms of Use may be sent to us by writing or emailing to the following addresses: Pivot, Inc., Delaware, 919 North Market Street, Suite 950 in the City of Wilmington, County of New Castle, Zip Code 19 801; hello@pivot.ws.
Any delay or failure on the part of Pivot to enforce any rights under this Terms of Use to which it may be entitled shall not, in any event, be construed as a waiver of the right and privilege to do so at any subsequent time. The section titles herein are displayed for convenience only and have no legal effect. This Terms of Use constitutes the entire agreement between you and Pivot relating to the matters set forth herein, and shall not be modified except in writing, as posted on the Services by Pivot or through a specific writing between you and Pivot. Any notice which may be required to be given to us under this Terms of Use may be sent to us by writing or emailing to the following addresses: Pivot, Inc., Delaware, 919 North Market Street, Suite 950 in the City of Wilmington, County of New Castle, Zip Code 19 801; hello@pivot.ws.
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We are on a mission to turn creative people into creative professionals
2022 All the rights reserved