Terms of service
Terms and Conditions Definitions
User(s), You: Refers to the individuals who submit a valid email address for the purposes described within this Policy PivotBay refers to PivotBay, LLC
Website: Refers to PivotBay's official website (www.PivotBayConsulting.com) Policy: Refers to the content contained herein
Introduction
PivotBay will be using the email addresses submitted by Users for the purposes of promoting its products in a variety of ways. PivotBay will make available various promotions, giveaways, contests, and discounts via its social media. By registering with us through any social media websites, you will be availing yourself to various promotions and giveaways, as well as ensuring you are first to see our products. In any case, you will be afforded the opportunity to keep up to date with all of our fresh new designs, deals, and will be able to vote on your favorite merchandise. No matter the medium, PivotBay is excited to have the opportunity to keep all of our valued customers informed, and to allow our customers to continue shaping our product.
Privacy
Users should anticipate all information submitted on the Website to potentially be publicly accessible. Important and private information must be protected by each User, and each User hereby acknowledges that it is the User’s duty to protect such information. The Website is not responsible for protecting, nor is it liable for failing to protect, the information collected for promotional purposes. Users should protect all personal information, and for safety purposes, only disclose information that you would have publicly disseminated.
Security
PivotBay uses industry standard efforts to safeguard the confidentiality of your personally identifiable information, in particular your email address. PivotBay hereby disclaims any liability for any breach of security, either actual or apparent, and cannot and does not guarantee that any personally identifiable information provided to us will not become public under any circumstances.
PivotBay will never ask for a User’s Password under any circumstances, and any User who receives a request for such information should not disclose such information but should report the incident to PivotBay immediately.
Access and Proprietary Rights
All qualified Users of PivotBay who comply with this Policy are authorized to access, use and make a limited number of copies of information and materials available on this Website only for purposes of your personal use in order to learn more about PivotBay or its products and services, or to otherwise communicate with PivotBay or utilize its services. Any such copies cannot be modified in any manner. The pages and content on this Website cannot be copied, distributed, modified, published, or transmitted in any other manner, including use for creative work or to sell or promote other products.
Violators will be infringing on intellectual property and contractual rights of PivotBay and/or various third parties, which is prohibited by law and may result in substantial civil and criminal penalties. PivotBay and other identifying marks of PivotBay are proprietary to PivotBay. You may not use these marks for any purpose without the express prior written consent of PivotBay. Except as expressly set forth above, these Terms of Use do not grant to you any express, implied or other license or right under any patent, trademark or copyright of PivotBay or any third party.
Links
This Website may contain links to other websites that are not operated, controlled, or in any way associated with PivotBay. Use of these links to access other Internet sites is at your own risk. PivotBay is not responsible for the accuracy, reliability or quality of any information or services provided or products sold at these sites, nor does PivotBay make any representations regarding the security measures of these other websites. PivotBay establishes links to other websites for the convenience of its Users; however, such links are not intended to be an endorsement of the other website.
Likewise, any links, the content therein, or any other information provided by individual Users of PivotBay to other Users are in no way affiliated with the Website. Each User proceeds at his/her own risk in accessing or otherwise trusting such 3rd party information.
Notices and Disclaimers
THE CONTENTS OF THIS WEBSITE ARE PROTECTED BY COPYRIGHT AND MAY NOT BE COPIED OR OTHERWISE REPRODUCED WITHOUT PivotBay's EXPRESS WRITTEN PERMISSION. USERS MAY NOT PUBLISH OR CREATE DERIVATIVE WORKS FROM THE CONTENTS OF THIS WEBSITE FOR ANY PUBLIC OR COMMERCIAL PURPOSES.
The products and services mentioned or promoted on the Website, including password protected information relating thereto, may be changed by PivotBay at any time without notice. Information about products or services offered by third parties is referred to on the Website for information purposes only. PivotBay's provision of any such information is not intended to constitute an endorsement or recommendation by PivotBay of such products or services.
Laws and Regulations
These Terms of Use shall be governed by and construed and enforced in accordance with the laws of the State of Florida, without regard to its conflict of law provisions.
Your use of this Website is governed by all applicable laws and regulations of the United States and any state and locality having jurisdiction. Information on this Website may be subject to U.S. export control restrictions. Your use of this Website may be subject to the laws of other countries if you are not located in the United States.
Legal Disclosure
We may disclose your information as permitted or required by law. There may be instances where we are required to release certain information by a court of law or other person or entity with proper legal authority to compel such production and we shall comply. Whether or not we have reasonable grounds to believe the information is appropriate or useful to further the aforementioned legal inquiry, we may have no choice but to disclose such information.
Personal Information
We will collect personal information from you for purposes of the Website. The personal information we collect will be used primarily to facilitate and further the commercial endeavors of the Website, including but not limited to: promotional events; promotional product giveaways; general advertising purposes; any other uses that PivotBay deems appropriate.
Use of Personal Information
We may use your personal information for a number of different purposes including, but not limited to:
1. Emailing
2. Demographic analysis
3. Various promotions/prizes/giveaways/sales/etc.
Consent
When you choose to provide us with your personal information, you consent to the use of your personal information as identified in this Policy. We will disclose your personal information only with your knowledge and consent, except where required or permitted by law. We will not sell your personal information to any third party.
Disclosure of Your Information
While we do not sell your personal information to any other party, we may share some of your personal information with our affiliates and with third parties acting on our behalf or as permitted or required by law.
Information Shared
We may share personal information gathered on the Website with various subsidiaries, affiliates, or for internal business purposes. In doing so, we will ensure that your information continues to be used in accordance with this Policy.
Commercial Use Prohibited
The Website is for your personal use only and may not be used in connection with any commercial endeavors. Organizations, companies, and/or businesses may not join and use the Website for any purpose. Illegal and/or unauthorized uses of the Website, including collecting usernames and/or email addresses by electronic or other means for the purpose of sending unsolicited email or using personal identifying information for commercial purposes, linking to the Website, or unauthorized framing may be investigated and appropriate legal action will be taken, including, without limitation, civil, criminal, and injunctive redress. Use of the Website is with our permission, which may be revoked at any time, for any reason, in our sole discretion. At our sole discretion, we may take reasonable steps, including limiting the numbers of emails you send or receive and electronically filtering or throttling or terminating your e-mail.
Facebook Giveaways
Facebook promotions are in no way sponsored, endorsed or administered by, or associated with, Facebook. The winner is responsible for any remaining fees such as tax, increased international shipping fees etc.
DCMA Policy
If You are a copyright owner or an agent thereof and believe that anything on the Service infringes upon your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA" by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
(a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
(c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
(d) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail address;
(e) A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
(f) A statement that the information in the notification is accurate, and under penalty of perjury, that You are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notifications of claimed infringement can be emailed to Jeff Langmaid (TheEvidenceBasedChiropractor@gmail.com). You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You hereby agree that You shall not assert any claim against PivotBay, LLC or Jeffrey M Langmaid with respect to such content unless and until: (1) You have fully completed the process set forth above; and (2) PivotBay has failed to remove the offending content within thirty (30) days after such notification without a reasonable explanation for its failure to do so.