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Terms and Conditions
Terms and Conditions
By accessing and using this website and website content (collectively, the "Website"), you are deemed to have agreed to these terms and conditions of use (the "Terms of Use") and any other notices, guidelines and rules published by Pivotry Consulting Group Inc. ("Pivotry") on this Website from time to time (each of which is incorporated into these Terms of Use by reference), and all applicable laws and regulations governing the Website. You also agree to the use of any personal information that you may supply to Pivotry through this Website, as further described in our Privacy Policy.
Pivotry has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use or the Website, in whole or in part, at any time including, but not limited to, content, hours of availability, and equipment needed for access or use. Any change will be effective when notice of such change is posted on the Website. If any change is not acceptable to you, you must discontinue your use of this Website immediately. Your continued use of this Website after any such change is posted will constitute acceptance of that change. These Terms of Use apply exclusively to your use of this Website and do not alter the terms or conditions of any other agreement you may have with Pivotry.
1. Your Use of This Website
Pivotry grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print, download and use the Website for informational purposes only and solely for your own personal or internal company use. No other use is permitted. Without limiting the generality of the foregoing, you may not use the Website to infringe the rights of, restrict or inhibit anyone else's use or enjoyment of the Website, disseminate any unlawful or objectionable material, obtain unauthorized access to or interfere with Pivotry's computer systems, or otherwise breach applicable laws or regulations. Accessing the Website from locations where its content is illegal is prohibited. Those who choose to access the Website from other locations do so at their own initiative and are responsible for compliance with local laws.
2. Intellectual Property
Pivotry either owns the intellectual property rights in the Website (including, without limitation, underlying HTML, text, trademarks, logos, designs, photos, product names and other content), or has obtained the permission of the owner of the relevant intellectual property for use in connection with the Website. Pivotry reserves all rights that are not specifically granted under these Terms of Use. For permission to reproduce any portion of this Website, or to make suggestions for Website improvements, please email us at: info@pivotryconsulting.com
Any authorized reproduction of any portion of this Website must be accompanied by Pivotry's copyright notice (that is, the line at the bottom of this page).
3. Disclaimer
The Website is provided "as is" and "as available". Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for actions and communications undertaken or transmitted by you in the course of your usage of this Website. The Website is not guaranteed to be error-free or uninterrupted. Pivotry assumes no responsibility and provides no warranties, representations, guarantees, covenants or conditions, express or implied (either in fact or by operation of law) or statutory, including, without limitation, with respect to the quality, accuracy, reliability, currency, truth, completeness, merchantability, merchantable quality, fitness for a particular purpose, non-infringement, or continued availability of the Website.
The Website may provide, or third parties may provide, links to other world wide web sites or resources. Because Pivotry has no control over such sites and resources, you acknowledge and agree that Pivotry is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Pivotry shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such external site or resource. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
4. Inbound Links
Pivotry welcomes links to this Website. However, you agree that if you want to link to this Website your website shall not:
- create frames around any part of this Website or use other techniques that alter the visual presentation of this Site;
- imply that Pivotry is endorsing you or any other person, or your or such other person's products or services;
- imply an affiliation between you or any other person, or your or such other person's products or services, and Pivotry without the prior written consent of Pivotry;
- misrepresent the relationship of you or any other person with Pivotry or present false, misleading or otherwise damaging information or impressions about Pivotry or any of its products or services; or
- contain materials that may be interpreted as distasteful, harmful, offensive, infringing or inaccurate.
5. Limitation of Liability
Pivotry shall not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever including, without limitation, damages for harm to business, loss of information or programs or data, loss of profit, loss of savings, loss of revenue, loss of goodwill, or for direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising (even if Pivotry has been notified of the possibility of such damage or loss or if such damage or loss was foreseeable).
6. Indemnification
You agree to indemnify and hold Pivotry harmless from any and all losses, damages, liability and costs (including reasonable attorneys' fees) resulting directly or indirectly from any claim or demand against Pivotry arising out of or related to the accuracy or completeness of the Website, your use of the Website, your connection to the Website, your violation of these Terms of Use, or your violation of any rights of another.
7. Termination and Suspension
Pivotry will investigate any suspected fraudulent, abusive or illegal activity, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such activities. Pivotry reserves the right at all times to disclose any information regarding your usage of the Website in accordance with our privacy policy.
8. Entire Agreement
These Terms of Use (as may be updated from time to time) constitute the entire agreement between the parties regarding the subject matter hereof and supersede all other communications, representations or agreements, either oral or written, between Pivotry and you with respect to this subject matter.
9. Waiver and Severability of Terms
The failure of Pivotry to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use or portion thereof is found by a court of competent jurisdiction to be invalid or unenforceable, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. Pivotry's failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right.
10. Governing Law
This Website is controlled, operated and administered by Pivotry from within the Province of Ontario, Canada. These Terms of Use shall be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of Ontario.
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