PLEASE READ OUR TERMS AND CONDITIONS BEFORE YOU SUBSCRIBE OR USE PIVOTIME.
By using the PIVOTIME software, you agree to the terms of use specified herein. If you don’t agree to the terms of use, please do not use the PIVOTIME website. At our sole discretion, we can reverse the right to change, modify, add, or remove the terms of use. It is advised that check these terms of services periodically for changes. If you continue using the website or product after the applied changes, it depicts that you accept those changes.
RESTRICTIONS ON USE OF MATERIALS
All the materials contained in the PIVOTIME site are copyrighted property of PIVOTIME or its subsidiaries or affiliated companies and/or third-party licensors. Besides, all trademarks, service marks, and trade names are proprietary to PIVOTIME or its affiliates. No material from any PIVOTIME or any Internet site owned, operated, licensed, or controlled by us or our affiliates may be copied, republished, reproduced, uploaded, transmitted, posted, or distributed in any way, except that you may download one copy of the materials only on one computer for your personal, noncommercial use only. It applies only in the below-given circumstances:
- You are obliged to keep intact all copyright and other proprietary notices.
- You have to make no modifications to the materials.
- You can’t use the materials in a manner that suggests an association with any of our products, services, or brands.
- You can’t download quantities of materials to a database that can be used to avoid future downloads from the PIVOTIME website.
For purposes of these terms, you can not use any such material on any other website or computer environment. All service marks, trademarks, trade names, and trade dress are proprietary to us. In the event you download software from any PIVOTIME website or the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Software”) are licensed to you by us or third-party licensors can only be used for your personal, noncommercial home use. We do not give the title to the Software to you. You may own the medium on which the Software is recorded; however, we retain full and complete title to the Software and all intellectual property rights therein. You may not redistribute, sell, de-compile, disassemble, reverse engineer, or otherwise reduce the Software to a human-readable form.
CREDIT CARDS
To ensure the security of your credit card information, we utilize the industry-standard Secure Sockets Layer (SSL) technology. Besides, we also encrypt your credit card number when we store your order and whenever we transfer this information to participating merchant service.
SUBSCRIPTIONS/BILLING
At our sole discretion, we reserve the right to change the amount of, or basis for determining, any fees or charges for services we offer and to institute new fees, charges, or terms effective upon prior notice to customers via the PIVOTIME website. Besides, we reserve the right to cancel or terminate your account at any time for any reason. Some services offered on the PIVOTIME website are free, whereas some are subscription-based services. If you open a subscription-based account on our website, you hereby agree to pay all charges to your account, including and not limited to applicable taxes and charges for the use of additional service features, which are not included in your subscription package. Also, you will be charged in accordance with billing terms in effect at the time when the fee or charge becomes payable. For subscription-based services, your charge remains for each subscription period regardless of whether you make several logs or zero (0) logs during any subscription period. To make it more clear, IF YOU DO NOT USE THE SERVICE, THE OBLIGATION REMAINS INTACT TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION. Below is more information regarding canceling your subscription:
Your Subscription will be renewed automatically, and the charges will be deducted from your credit card account as follows: The renewal charge shall be the same as the original subscription price unless otherwise notified in advance by the PIVOTIME website. The customer’s Subscription will be automatically renewed each month after the Customer’s initial Sign Up charge date, and the Customer’s credit card account will be charged for the same. Without any prior notice, the PIVOTIME website may adjust the Customer’s renewal date in future subsequent months. This will be shown by charging the Customer’s account on a pro-rated basis based on the number of days that have passed since the date of the Customer’s latest renewal charge. The customer’s right to use the Service is subject to any limits established by the PIVOTIME website or by the credit card issuer of the customer. If payment fails by the Customer’s credit card or the Customer’s charge is returned for any reason, including chargeback, PIVOTIME reserves the right to either suspend or terminate the Customer’s access and account, thereby terminating this Agreement and all obligations of PIVOTIME. If Customer has reason to believe that their account is no longer secure (in the event of a loss, theft, or unauthorized disclosure or use of Customer’s ID, password, or any credit, debit, or charge card number stored on the PIVOTIME website) Customer must notify PIVOTIME immediately of the issue to prevent Customer’s possible liability for any unauthorized charges to Customer’s account.
CANCELLATION
PIVOTIME agrees that it will cancel or terminate your account by notifying you via email. If you cancel a PIVOTIME website account after signing up or a subscription renewal for a service, no refund will be initiated for unused time. If you have a balance due on any PIVOTIME website, you agree that PIVOTIME can charge these unpaid fees to your credit card.
YOU HAVE TO CANCEL YOUR ACCOUNT IF YOU DON’T WANT TO BE CHARGED FOR YOUR SUBSCRIPTION. PIVOTIME WILL NOT ISSUE ANY REFUND FOR DATES PRIOR TO YOUR CANCELLATION. For subscription-based services, your charge remains for each subscription period irrespective of the fact that you make several logs or no/zero logs during a subscription period. For more certainty, IF YOU DO NOT USE THE SERVICE DURING THE SUBSCRIPTION PERIOD, YOU ARE STILL OBLIGED TO PAY THE SUBSCRIPTION FEE UNTIL YOU CANCEL YOUR SUBSCRIPTION.
INDEMNIFICATION
You are solely and entirely responsible for maintaining the confidentiality of your Password and account and for all activities that take place under your account. You hereby indemnify, defend, and hold us and our affiliates and our officers, directors, owners, agents, information providers, affiliates, licensors, and licensees, collectively referred to as Indemnified Parties, harmless from and against any and all liabilities and costs (including reasonable attorneys’ fees’) incurred by the Indemnified Parties related with any claim taking place out of any breach by you of this Agreement or claims arising from your account. You shall put your best to cooperate with us in defense of any claim. We reserve the right, at our own expense, to assume the exclusive defense and control of any issue otherwise subject to indemnification by you.
LIMITATION OF LIABILITIES
Limitation of liability under no circumstances, including, but not limited to, negligence, shall we be liable for any direct, indirect, incidental, special, or consequential losses that are evoked from the use of, or the inability to use, PIVOTIME website or materials or functions on the website, even if we have been advised of the possibility of such damages. Applicable law may not enable the limitation or exclusion of liability or incidental or consequential damages, so the specified limitation or exclusion may not apply to you. In no event shall our total liability to you for all damages, losses, and causes of action exceed the amount paid by you, if any, for accessing the PIVOTIME website.
TERMINATION
These terms are/will be effective until terminated by either party. You may terminate these terms at any time by discontinuing the use of the PIVOTIME website or product and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made in compliance with these terms or otherwise. Your access to any and all PIVOTIME sites may be terminated immediately without any prior notice from us if, in our sole discretion, you fail to comply with any term or provision stated in these terms. Upon termination, you must cease use of the PIVOTIME site and destroy all materials you have obtained from such site and all copies thereof, whether made under these terms or otherwise. These terms shall be made and governed in accordance with the laws of the concerned state, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed in the state or federal courts located in the concerned state, and you hereby agree and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be void, unlawful, or for any reason is unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any provisions that remain. This is the entire agreement between us relating to the subject matter herein and shall not be changed except in writing, signed by both parties.
