Last Updated: July 3, 2023
ACCEPTANCE OF THE TERMS
- THESE TERMS CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ THESE ENTIRE TERMS CAREFULLY BEFORE ACCESSING OR USING OUR WEBSITE OR SERVICES. BY ACCESSING OR USING OUR WEBSITE OR SERVICES, OR BY CLICKING TO ACCEPT OR AGREE TO OUR TERMS IN THE EVENT THIS OPTION IS MADE AVAILABLE TO YOU, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS, AND THAT YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE OUR WEBSITE OR SERVICES, AND YOU MUST IMMEDIATELY CEASE ANY ACCESS TO OR USE OF OUR WEBSITE AND SERVICES.
- You represent and warrant that you are not a minor and that you are legally permitted to form a binding contract with us, such as these Terms. If you accept or agree to these Terms on behalf of another individual, or a company or other legal entity, you also represent and warrant that you have the legal authority to do so and, in such event, the uses of “you” or “your” in these Terms will refer and apply to such third party.
CHANGES TO OUR TERMS
- Your continued access to or use of our Website or Services following the posting of updated Terms means that you accept and agree to such updated Terms. You are expected to review these Terms each time you access or use our Website or Services, so you are aware of any changes, as they are binding on you.
Supplemental Terms; Third-Party Offerings; Payment Facilitator.
- Our Website or Services may from time to time include links or otherwise facilitate access to websites, information, content, products, services, software applications, features and other offerings from publicly-available sources or third-party providers (collectively, “Third-Party Offerings”). Your use of any Third-Party Offering is subject to any applicable terms between you and the provider thereof, and you are responsible for complying with those terms. Your use of any Third-Party Offerings is at your own risk, and we make no representations, warranties or guarantees, and disclaim all implied representations, warranties and guarantees, regarding Third-Party Offerings. In particular, we make no representation, warranty or guarantee that any Third-Party Offering will not change or will not be suspended or terminated. By activating or using any Third-Party Offering in conjunction with any of our Services, you grant us permission to share information and data with the applicable third-party providers to the extent necessary to facilitate the provision or use of the applicable Third-Party Offering. The existence of a link between our Website or Services and any Third-Party Offering does not constitute or imply an endorsement of such Third-Party Offering.
Nonpublic Services; User Accounts.
- Our Website or Services may include nonpublic elements, access to which require a user account or other login credentials (“Nonpublic Services”). If you have specific login credentials, such as a user name, password or any other piece of information given as part of our security procedures (collectively “User ID”), you must treat your User ID as confidential, and you must not and will not disclose such information to any other person or entity or otherwise permit any third party to use or access any Nonpublic Services through your User ID. You agree to notify us immediately of any suspected or confirmed unauthorized access to or use of your User ID or any other breach of security that could affect us, our Website or any Services. You also agree to ensure that you properly log out of any Nonpublic Services at the end of each session. You should use particular caution when accessing Nonpublic Services from a public or shared computer so that others are not able to view or record your User ID or information generated or displayed in the Nonpublic Services. Without limiting the foregoing, you agree that you will be responsible for all activities that occur on any Nonpublic Services through the use of your User ID, whether or not you have authorized such activities or use.
- We reserve the right (in our sole discretion) to require you to change any or all of your User ID in connection with the Nonpublic Services, and you shall promptly comply with any such requirement.
Use of our Website and Services.
- You are responsible for making all arrangements necessary for you to have access to our Website and Services. You need a supported Web browser to access our Website and to use our Services, and you acknowledge that the performance of our Website and Services is dependent on the performance of your computer equipment, your Internet connection and telecommunications services. We may cease to support any given Web browser at any time. If you access our Website or Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, accessing or using certain products or services may be prohibited or restricted by your carrier and our Website or Services may not work with all carriers or devices.
- You may use our Website and Services only for lawful purposes and in accordance with these Terms.
- You may stop using our Website or Services at any time. We have the right, but we are not obligated, to disable any User ID or other identifier or to otherwise suspend or block access to our Website or Services for any conduct or activity that we believe, in our sole discretion, violates any provision of these Terms or negatively affects the enjoyment of our Website or Services by other users. You acknowledge that we are not required to provide you notice before terminating or suspending your access to our Website or Services, but we may choose to do so. If you are blocked by us from accessing our Website or Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Notwithstanding any termination or suspension of access, your obligations under these Terms will continue. We may also consult and cooperate with law enforcement authorities to prosecute users who violate these Terms or applicable law.
- We reserve the right, in our sole discretion and without notice to you, to withdraw, amend or discontinue (temporarily or permanently) our Website or Services, or to restrict users (including registered users) from accessing parts or all of our Website or Services. You acknowledge and agree that we shall not be liable to you or any third party if for any reason all or any part of our Website or Services is unavailable at any time or for any period, or for any modification, suspension or discontinuance of our Website or Services.
- You must not, nor permit or encourage any third party to reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website of Services, except as follows:
- Your computer may temporarily store copies of such materials in random access memory (or RAM) incidental to your accessing and viewing those materials.
- Your computer may store files that are automatically cached by your Web browser for display enhancement purposes.
- You may print or download information provided on our Website for your personal or internal business purposes only, and not for further reproduction, publication or distribution to third parties that are not part of your internal business.
- Please email requests to us at: email@example.com if you wish to make any use of material on our Website other than as set out in this Section. We in our sole discretion reserve the right to grant or deny your request.
- Your conduct and any interaction with other users of our Website and Services should be guided by common sense and basic etiquette. Without limiting the foregoing, when using our Website or Services, you must at all times comply with all policies, rules and guidelines applicable thereto that we may from time to time publish on our Website.
- You agree not to use our Website or Services, or any part thereof:
- in any way that violates any applicable federal, state, local or international law or regulation (including any laws regarding the export of data or software to and from the United States of America or other countries) or would give rise to any legal liability;
- for the purpose of exploiting, harming or attempting to exploit or harm minors or any other persons in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- to do anything that is fraudulent, false, misleading or deceptive, including impersonating or attempting to impersonate or misrepresenting your affiliation with A) us or any of our affiliates, B) an officer, agent or employee of ours or any of our affiliates, C) another user or any other person or entity, including by using email addresses, login credentials, or screen names associated with any of the foregoing;
- to do anything that is defamatory, obscene, pornographic or vulgar;
- to share your User ID or make the functionality of any Nonpublic Services available to any third party through any means; or
- to engage in any other conduct that restricts or inhibits the use or enjoyment of our Website or Services by others, or which, as determined by us in our reasonable business judgment, may harm or expose us or others to liability.
- Additionally, you agree not to:
- interact with our Website or Services in any manner that could disable, overburden, damage, or impair our Website or Services or interfere with any other party’s use of our Website or Services, including their ability to engage in real-time activities through our Website or Services;
- use any robot, spider, crawler, data mining tool or other automatic device, process or means to access our Website or Services for any purpose, including monitoring or copying any of the material on our Website or Services or conducting spam activities such as gathering email addresses and personal information from others or sending any mass commercial emails;
- use any process (whether automated or manual) to monitor or copy any of the material on our Website or Services or for any unauthorized purpose (including reverse engineering, decompiling or disassembling any software, plug-ins or applications that might be a part of our Website) without prior written consent from Pivot Energy to you;
- use any device, software or routine that interferes with the proper working of our Website or Services;
- introduce any viruses, trojan horses, worms, logic bombs or other type of software or similar material which is malicious or technologically harmful;
- attempt to probe, scan or test the vulnerability of any system or network, or attempt to breach any security or authentication measures, or attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of our Website or Services or any server, computer or database used by or connected to our Website or Services;
- attack our Website or Services via a denial-of-service attack or a distributed denial-of-service attack;
- otherwise attempt to interfere with the proper working of our Website or Services;
- modify any copyrighted materials from or on our Website or Services;
- use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text;
- delete or alter or obscure any copyright, trademark, service mark or other proprietary rights notices from copies of materials from our Website or Services; or
- access or use our Website or Services, in whole or in part, in order to build a similar or competitive website, product, or service.
- All rights not expressly granted to you herein are reserved by us. Any use of our Website or Services not expressly permitted by these Terms is a breach of these Terms and additionally may violate copyright law, trademark law, international conventions and other laws.
Intellectual Property Rights.
- Our Website and Services (including all information, software, technology, text, displays, unique color choices, images, video and audio, and the design, selection and arrangement thereof), are owned by us or our affiliates, licensors or other providers of such material, and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Pivot Energy’s name, logos, product and service names, designs and slogans are trademarks of Pivot Energy or Pivot Energy’s affiliates or licensors. You must not use such marks without receiving prior written permission from Pivot Energy or the respective trademark owner.
- Nothing contained on our Website or within our Services should be construed as granting, by implication, estoppel or otherwise, any license or right to under any intellectual property right, through the use of framing or otherwise, except as expressly permitted by these Terms.
Changes to our Website or Services.
Our Website and Services may be modified, updated, interrupted, suspended or discontinued by us at any time, with or without notice. Without limiting the foregoing, we may update the content on our Website or Services from time to time, but the content is not necessarily complete or up-to-date. Any of the material on our Website or Services may be out-of-date at any given time, and we are under no obligation to update such material.
Reliance on Information Posted.
Our Website and Services may also include content provided by third parties, including third party utilities and other service providers, third-party licensors, syndicators, aggregators and/or reporting services. Such information may also include articles, opinions, recommendations, responses to questions and other content, all of which is made available to you solely as an accommodation and without any representations, warranties or guarantees whatsoever, including as to their quality, accuracy, usability or legality, and without any endorsement of either the information or its source. Any information presented on or through our Website or Services is made available to you solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Website, or by anyone who may be informed by you, directly or indirectly, of any information on our Website.
Linking to our Website; Social Media Features.
- You may link to the homepage of our Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part, without our express written consent.
- Our Website may provide certain social media features that enable you to:
You may use the features described above solely with respect to the content they are displayed with.
- link from your own or certain third-party websites to certain content on our Website;
- send emails or other communications with certain content, or links to certain content, on and/or from our Website; or
- cause limited portions of content on our Website to be displayed or appear to be displayed on your own or certain third-party websites.
- Without limiting the foregoing, you agree not to:
- establish a link from any website that is not owned by you;
- cause our Website or portions of our Website to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- link to any part of our Website other than our homepage at platform.pivotenergy.net; or
- otherwise take any action with respect to the materials on our Website that is inconsistent with any other provision of these Terms.
- You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission, as described herein, without notice.
- We may disable all or any social media features and any links at any time, with or without notice to you, in our sole discretion.
Compliance with Law; Geographic Restrictions.
- Our Website and Services are not intended for use outside of the United States. Moreover, our Website and Services may contain or reflect information, functionality or content that is not available, appropriate or legal in your country or local jurisdiction. We make no claims that our Website or any of its content is accessible or appropriate in any particular country or jurisdiction. You are solely responsible for compliance with all applicable laws when accessing or using our Website or Services.
- You represent, warrant, covenant and agree that (i) you are not located in, and are not a national or resident of, any country or territory subject to territorial embargoes of the United States, United Kingdom, European Union, Australia or Canada, including Cuba, Iran, North Korea, Syria, or the occupied regions of Crimea, Donetsk and Luhansk (“Restricted Countries”); and (ii) you are not a person or entity, or owned by, under the control of, or affiliated with, a person or entity (A) identified on U.S. or other applicable government restricted party lists, such as the U.S. Office of Foreign Assets Control’s Specially Designated Nationals List, Foreign Sanctions Evaders List or Palestinian Legislative Council List or the U.S. Department of State’s Terrorist Exclusion List; or (B) engaged in the design, development or production of nuclear, biological or chemical weapons, missiles or unmanned aerial vehicles. Without limiting the foregoing, we may terminate or block your access to our Website and/or Services if we identify your IP address, location or address of residence or use of our Website or Services as originating from any Restricted Country.
Disclaimer of Warranties
- You understand that we cannot guarantee, and we do not represent, warrant or guarantee, that anything available for downloading from the internet or our Website or Services will be free of all viruses or other destructive code, nor that our Website or Services will be available on an uninterrupted, secure or error-free basis. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for antivirus protection and accuracy of data input and output, and for maintaining a means external to our Website and Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, YOUR COMPUTER PROGRAMS, YOUR DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR WEBSITE OR SERVICES OR ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICES, OR ON ANY WEBSITE LINKED TO OUR WEBSITE OR SERVICES.
- YOUR USE OF OUR WEBSITE OR SERVICES, INCLUDING ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICES, IS AT YOUR OWN RISK. OUR WEBSITE AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WHEN AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS, WARRANTIES OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER WE NOR ANY PERSON OR ENTITY ASSOCIATED WITH US MAKES ANY WARRANTY, REPRESENTATION OR GUARANTEE WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF OUR WEBSITE OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER WE NOR ANYONE ASSOCIATED WITH US REPRESENTS OR WARRANTS THAT OUR WEBSITE AND SEVICES, INCLUDING ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICES, WILL BE ACCURATE, RELIABLE, ERROR-FREE, UNINTERRUPTED OR NON-INFRINGING, THAT INACCURACIES OR OTHER DEFECTS WILL BE CORRECTED, OR THAT ANY OF THE FOREGOING WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
- WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, WITH RESPECT TO OUR WEBSITE AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
- THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation of Liability.
- IN NO EVENT WILL WE OR ANY OF OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR WEBSITE OR SERVICES, INCLUDING ANY INFORMATION OBTAINED THROUGH OUR WEBSITE OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
- THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- You agree to defend, indemnify and hold harmless us, our affiliates and each of our and their respective officers, directors, employees, agents, successors and assigns from and against any Claims (as defined below) arising out of or relating to (i) your improper use of our Website or Services or (ii) your violation of these Terms, the rights of any other person or entity or any applicable law. “Claims” means and includes any past, present, or future actions, causes of action, demands, assertions of rights, costs, demands, expenses, injuries, judgments, losses suits, damages and attorneys’ fees and other costs of defense, of any kind or nature whatsoever, whether in tort, contract, pursuant to statute, at law or equity or otherwise, whether direct or indirect, contingent or absolute, and whether or not known, foreseeable, liquidated, anticipated or suspected.
- To the maximum extent permitted by law, you, on behalf of yourself and your past, present and future successors, predecessors, assigns, heirs, affiliates, agents, insurers and representatives, absolutely, unconditionally and irrevocably forever release and discharge (and covenant not to sue) us or our affiliates or any of our and their respective past, present and future successors, predecessors and assigns, and all of our and their shareholders, insurers, representatives, officers, directors and employees, from any and all Claims arising out of or in any way related to your use or inability to access and/or use our Website or Services.
Governing Law, Jurisdiction and Dispute Resolution.
- All matters relating to our Website, Services and these Terms and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule.
- ALL DISPUTES AND CLAIMS ARISING OUT OF OR IN CONNECTION WITH, OR RELATED TO, YOUR USE OF OUR WEBSITE OR SERVICES, OR THESE TERMS, SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES AND SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES, WHICH ARBITRATION SHALL TAKE PLACE IN THE COUNTY OF DENVER, COLORADO. ALL DISPUTES IN ARBITRATION WILL BE HANDLED SOLELY BETWEEN THE NAMED PARTIES, AND NOT ON ANY REPRESENTATIVE OR CLASS BASIS. FURTHER, UNLESS BOTH PARTIES AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. THE ARBITRATOR MAY AWARD DECLARATORY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM WITHOUT AFFECTING OTHER INDIVIDUALS.
- Any non-arbitrable dispute arising out of, or related to, these Terms (including any suit, action or proceeding related to the above-stated agreement to arbitrate) will be instituted exclusively in the federal courts of the United States or the courts of the State of Colorado in each case located in the City of Denver and County of Denver although we retain the right to bring any such suit, action or proceeding against you in your country of residence or any other relevant jurisdiction. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts. You also waive any rights to trial by jury.
- EACH PARTY UNDERSTANDS THAT SUCH PARTY IS AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS BEFORE A JURY.
- NOTHING CONTAINED IN THIS SECTION SHALL PREVENT US FROM SEEKING INJUNCTIVE OR OTHER EQUITABLE RELIEF FROM ANY COURT OF COMPETENT JURISDICTION IN ORDER TO PREVENT ANY BREACH BY YOU OF THESE TERMS.
Limitation on Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR OUR WEBSITE OR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability.
- No waiver of by us of any term or condition set forth in these Terms will be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure by us to assert a right or provision under these Terms will not constitute a waiver of such right or provision.
- If any provision of these Terms is held by an arbitrator or court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of these Terms will continue in full force and effect.
Your Feedback, Comments and Suggestions for Improvements
We welcome your feedback, comments, suggestions for improvements, and other communications relating to our Website or Services (all collectively, your “Feedback”). With respect to your Feedback that we receive from you, you grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon and otherwise exploit your Feedback that we receive from you for any purpose.
- Whenever examples are used in these Terms with the words “including,” “for example,” “e.g.,” “such as,” “etc.” or any derivation thereof, such examples are intended to be illustrative and not in limitation thereof. Section headings are used herein for convenience only and shall not be deemed to affect the scope, meaning or intent of these Terms or any provisions hereof.
- You hereby consent to receive service of process by electronic means or social media to the extent allowed by the applicable federal or state court. This constitutes consent in writing as contemplated in Federal Rule of Civil Procedure 5(b)(2)(E) and any applicable state (or other jurisdiction) equivalent.