1. Introduction
This website is operated by Pivotal. As a user of this website you acknowledge that any use of this website including any transactions you make is subject to our terms and conditions below. Your use of this website implies your acceptance of these terms and conditions in full. If you disagree with all or any part of these terms and conditions, you should not use this website. Please:
2. Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in PIVOTAL unless stated otherwise. All such intellectual property rights are reserved. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
3. Intellectual Property
You acknowledge and agree that all copyright, trademarks and all other intellectual property rights in all materials and/or content made available as part of your use of this website shall remain at all times vested in PIVOTAL unless stated otherwise. All such intellectual property rights are reserved. You acknowledge and agree that the material and content contained within this website is made available for your personal non-commercial use only and that you may only download such material and content for the purpose of using this website. You further acknowledge that any other use of the material and content of this website is strictly prohibited and you agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of such material and content.
4. Payment
Pivotal will invoice for services.
5. Restricted access
You are responsible for keeping confidential any user ID and password PIVOTAL provide you with or enable you to create to facilitate access to restricted areas of this website. Pivotal reserve the right to restrict or completely withdraw access to any and all aspects of this website, at its sole discretion.
6. User Submissions
All material that you submit to this website, for whatever purpose is deemed ‘User Submission/User Submissions’. PIVOTAL does not claim ownership of User Submissions you provide to PIVOTAL (including feedback and suggestions) or post, upload, input or submit to any technical forum for review by the general public, or by the members of any public or private community. However, by posting, uploading, inputting, providing or submitting (“Posting”) your User Submission you are granting PIVOTAL and its affiliated companies permission to use your User Submission in connection with the operation of their businesses (including, without limitation, all PIVOTAL Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your User Submission and the right to publish your name in connection with your User Submission. No compensation will be paid with respect to the use of your User Submissions, as provided herein. PIVOTAL is under no obligation to post or use any User Submission you may provide and PIVOTAL may remove any User Submission at any time in its sole discretion. By Posting a User Submission you warrant and represent that you own or otherwise control all of the rights to your User Submission as described in these Terms & Conditions including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the User Submissions. PIVOTAL reserve the right to edit or remove any User Submissions to this website. Notwithstanding this rights under these terms and conditions in relation to user submissions, PIVOTAL do not undertake to monitor the submission or the publication of such content on this website.
7. Limited warranties
PIVOTAL do not warrant the completeness or accuracy of the information published on this website; nor do PIVOTAL commit to ensuring that the website remains available or that the material on the website is kept up-to-date. To the maximum extent permitted by applicable law PIVOTAL exclude all representations, warranties and conditions relating to this website and the use of this website including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill.
8. Limitations and exclusions of liability
Nothing in these terms and conditions excludes or limits liability for death or personal injury caused by negligence, fraudulent misrepresentation, or any other liability which may not otherwise be limited or excluded under applicable law. The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions are subject to the preceding paragraph; PIVOTAL will not be liable to you in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent on negligent misrepresentations) or otherwise out of or in connection with the terms and conditions for any:
PIVOTAL’s aggregate liability (whether in contract, tort or otherwise) for loss or damage shall in any event be limited to a sum equal to the amount paid or payable by you for the product(s) in respect of one incident or series of incidents attributable to the same clause.
9. Indemnity
You hereby indemnify PIVOTAL and undertake to keep PIVOTAL indemnified against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by PIVOTAL to a third party in settlement of a claim or dispute on the advice of PIVOTAL’s legal advisers) incurred or suffered by PIVOTAL arising out of any breach by you of any provision of these terms and conditions or arising out of any claim that you have breached any provision of these terms and conditions.
10. Breaches of these terms and conditions
If these terms and conditions are breached by you in any way, PIVOTAL may take such action as deemed appropriate to deal with the breach, including suspending or cancelling your access to the website, and/or taking court proceedings against you.
11. Miscellaneous Provisions
These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of England and Wales. PIVOTAL reserve the right to revise these terms and conditions at any time. Revised terms and conditions will take effect when posted on the website (see date at the top). Please check this page regularly to ensure you are familiar with the current version. Your continued use of the website shall signify your acceptance to be bound by the latest terms and conditions. If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
12. Our details
E: simon@thisispivotal.io