This website (the “Site”) is owned and operated by Pivot Financial Inc. (“Pivot”, “we,” or “us”). By accessing the Site you acknowledge you have read, understand and agree to accept and adhere to the following terms of use (the “Terms of Use”). If you do not agree with the Terms of Use, you must not use the Site.
CONSENT TO DOING BUSINESS ELECTRONICALLY
You agree that we may deliver to you all notices, disclosures and other documents by means of email, by posting on the Site or to your account with us, or by other means of electronic communication. By accessing the Site, you consent to transact business electronically and to receive electronically all notices, disclosures and other documents relating to you and Pivot. You must inform us of any changes in your email so that you continue to receive all notices without interruption.
We may choose to deliver notices, disclosures and other documents to you by regular mail, registered mail or courier. You must inform us of any changes in your mailing address so that you continue to receive all notices without interruption.
LIMITATIONS OF USE
The copyright in all material on the Site, including without limitation the text, data, articles, design, source code, software, photos, images and other information (collectively the “Content”), is exclusively owned by Pivot and its licensors, and is protected by copyright laws or treaties. You agree that the Content may not be used, copied, reproduced, altered, distributed, republished, displayed, posted or transmitted by you in any form or by any means without the express prior written consent of Pivot, which may be withheld in its absolute discretion. You acknowledge that the Content is and shall remain the property of Pivot and its licensors. You may not modify, participate in the sale or transfer of, or create derivative works based on any Content, in whole or in part.
Any unauthorized use of the Site is strictly prohibited. You agree to use the Content and the Site only for lawful purposes and in accordance with your agreements with us. You are prohibited from any use of the Content or the Site that would constitute a violation of any applicable law, regulation, rule or ordinance, or that could give rise to any civil or criminal liability.
CONFIDENTIALITY
You are responsible for maintaining the confidentiality of any login information associated with any account you use to access the Site, as well as for all activities that occur under your account. Accessing (or attempting to access) the Site by any means other than through the means we provide is strictly prohibited and you agree not to access (or attempt to access) the Site through any automated or unconventional means without our express prior written consent, which may be withheld in our absolute discretion. You are solely responsible for any consequences, losses, or damages that we may directly or indirectly incur or suffer due to any unauthorized activities conducted by you.
TRADEMARKS
Pivot’s graphics, logos, designs, page headers, button icons, scripts and service names are registered or unregistered trademarks and servicemarks of Pivot. Pivot’s trademarks and servicemarks may not be used, including as part of trademarks, servicemarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated, or used, in whole or in part.
LINKS TO THIRD-PARTY SITES
The Site may contain links to web sites controlled, owned, and operated by third parties (the “third-party sites”). Pivot has no responsibility for the accuracy or availability of information provided on the third-party sites. You acknowledge that use of any third-party sites is governed by the terms of use for those websites, and not by the Terms of Use. You acknowledge sole responsibility for, and assume all risk arising from, your use of any third-party websites or resources.
LIMITATION OF LIABILITY
Under no circumstances will Pivot be liable for any damages including general, special, direct, indirect, incidental, consequential, punitive or any other damages (including, without limitation, lost profits, business interruption or damages relating to data) of any kind whether in an action in contract, negligence or any other legal theory, arising or relating in any way to the use or inability to use by any party of the Content, the Site or any third-party site to which the Site is linked, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, computer hacking, even if Pivot, or representatives thereof, are advised of the possibility of such damages, losses or expenses. Pivot is not liable for any defamatory, offensive or illegal conduct of any user. Your sole and exclusive remedy is to stop using the Site. If your use of the Site results in the need for servicing, repair or correction of equipment or data, you assume any costs thereof. If the foregoing limitation is found to be invalid, you agree that the total liability of Pivot for all damages, losses, or causes of action of any kind or nature shall be limited to the greatest extent permitted by applicable law.
LIMITATION OF WARRANTIES
The Site is provided “As-Is”, without any warranty of any kind and Pivot expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, any implied warranties and conditions of merchantability, fitness for any particular purpose or non-infringement. Pivot does not warrant: (i) that the Site will function on an uninterrupted or error-free basis, or be free of viruses or other harmful components; or (ii) the accuracy, completeness, reliability or currency of the Content.
INDEMNIFICATION
You agree to indemnify and hold Pivot, its subsidiaries and affiliates, and each of their directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, demand, damages, costs and expenses, including reasonable legal fees, arising out of or in connection with your use of the Site, your conduct in connection with the Site or with other users of the Site, or any violation of the Terms of Use or of any law or the rights of any third party.
NO ADVICE
Nothing on the Site constitutes financial, legal or other advice to you and should not be relied upon by you in that regard.
PRIVACY
Pivot’s Privacy Policy (the “Privacy Policy”) explains how we collect, manage, process, secure, and store your private information. By visiting the Site, you acknowledge and agree to accept and adhere to the Privacy Policy.
MONITORING OF THE SITE
Pivot has no obligation to monitor access to or use of the Site, however, you acknowledge that Pivot has the right to monitor the Site electronically at any time and from time to time, including without limitation, in order to: (i) to satisfy any applicable law, regulation or governmental request; (ii) to operate the Site; or (iii) to protect itself or other users of the Site.
TERMINATION
This agreement (the “Agreement”) made between you and Pivot by your use of the Site in accordance with the Terms of Use is effective until terminated by Pivot. Pivot may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Site at any time, with or without cause, in Pivot’s absolute discretion and without notice.
MISCELLANEOUS TERMS
The Terms of Use and any and all other legal notices or statements posted on the Site constitute the entire agreement between you and Pivot with respect to the use of the Site. In the event of a conflict between the Terms of Use and any other agreement you have with Pivot, the terms of that agreement will prevail.
Failure by Pivot to enforce any of its rights under the Terms of Use shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
If any provision of the Terms of Use is ruled by an appropriate authority to be unlawful, void, or for any reason unenforceable, then such provision shall be severable from the Terms of Use and shall not affect the validity and enforceability of any remaining provisions of the Terms of Use.
Pivot reserves the right to amend the Terms of Use at any time. All changes shall be effective upon posting to the Site. Your continued use of the Site after any change to the Terms of Use constitutes your agreement to be bound by any such changes. Pivot may terminate, suspend, change, or restrict access to all or any part of the Site without notice or liability at any time.
The Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and of the laws of Canada applicable therein, and any dispute is to be submitted to a court of competent jurisdiction in Toronto, Ontario.
CONTACTING US
If you have questions regarding the Terms of Use or the practices of Pivot, please contact us.