terms of service
Protecting your privacy is extremely important to us -- we work to ensure that your data is neither sold nor shared:
we won’t sell your personal data, email, or phone number to anyone
we won’t share your personal data or email with anyone unless it is required for transactions you authorize, or unless you specifically authorize us to share the data.
we won’t send you spam
when you set up a business or nonprofit profile, you authorize us to display your organization’s name, address, email, phone number, and other profile information necessary for prospective customers and donors to interact with you.
Last Updated: 6/27/2014
Personal Information Collected
The information we collect from you helps us personalize and continually improve your Pivvit experience. We collect information about you in various ways when you use our Sites and Services. For example, we collect information you provide to us when you register for a Pivvit account, initiate or accept a payment, request customer service, or respond to a Pivvit survey. Such personal information may include your name, city, state and zipcode, and email address. We do not see or store your credit card information, bank account and routing numbers, since that data is securely encrypted and passed directly to our PCI compliant payment processor. Before you use the Services, we may also require you to provide additional information that we can use to verify your identity, such as your date of birth or other information. Finally, we may obtain information about you from other sources, including third party websites or applications that offer the Pivvit Services, and combine that with information we collect on our Sites and through our Services.
Web. When you visit our Sites or use our Services, some information is automatically collected. For example, when you visit our Sites, your computer's operating system, Internet Protocol ("IP") address, access times, browser type and language and the website you visited before our Sites are logged automatically. We also collect information about your usage and activity on our Sites and Services.
Mobile. When you download or use apps created by Pivvit or our subsidiaries, or use our mobile web site, we may receive information about your location and your mobile device, including a unique identifier for your device. We may use this information to provide you with location-based services, such as local offerings and campaigns, advertising, search results, and other personalized content. Most mobile devices allow you to turn off location services.
E-Mail Communications. To help us make e-mails more useful and interesting, we often receive a confirmation when you open e-mail from Pivvit if your computer supports such capabilities. If you do not want to receive e-mail or other mail from us, please adjust your Customer Communication Preferences.
Cookies. We automatically collect information using "cookies." Cookies are small data files stored on your hard drive by a website. Among other things, cookies help us improve our Sites, Services and your experience. We use browser cookies to see which areas and features are popular and to count visits to our Sites. We also use flash cookies for fraud prevention purposes. You can usually choose to set your browser to remove and/or reject cookies. If you choose to remove or reject cookies, this could affect certain features or services of our Sites or Services. Please note that you may also encounter cookies from third parties when using the Pivvit Services on websites that we do not control.
Web Beacons. We may also collect information using Web beacons. Web beacons are electronic images that may be used on our Sites, in our Services or in our emails. We use Web beacons to deliver cookies, count visits, understand usage and campaign effectiveness and to tell if an email has been opened and acted upon.
Information from Other Sources. Examples of information we receive from other sources include updated delivery and address information from our carriers or other third parties, which we use to correct our records and deliver your next purchase or communication more easily; account information, purchase or redemption information, and page-view information from some merchants with which we operate co-branded businesses or for which we provide technical, fulfillment, advertising, or other services; search term and search result information from search results and links, including paid listings (such as Sponsored Links); and credit history information from credit bureaus, which we use to help prevent and detect fraud and to offer certain credit or financial services to some customers.
Use of Personal Information We Collect
We use personal information collected through our Sites and Services for purposes described in this Policy or otherwise disclosed to you. For example, we may use personal information to:
· operate and improve our Sites and Services;
· respond to your comments and questions and provide customer service;
· process transactions and send you related information, including confirmations, receipts, invoices, technical notices, updates, security alerts and support and administrative messages;
· verify your identity, prevent fraud and comply with money transmission laws;
· protect others: we release account and other personal information when we believe release is appropriate to comply with the law; enforce or apply Conditions of Use and other agreements or protect the rights, property or safety of Pivvit, our users and others;
· resolve disputes, collect fees and troubleshoot problems;
· communicate with you about new contests, promotions, rewards, upcoming events and other news about Pivvit and our selected partners; and
· link or combine with other personal information we get from third parties to help understand your needs and provide you with better service.
Pivvit stores and processes personal information in the United States.
Sharing of Personal Information
We may share your personal information with the person or company that you are paying, or that is transferring money to you, for purposes of processing the transaction. We may also share your personal information with payment processors, banks and other entities in the financial system to process your transactions and maintain your account. We may also share your unique user ID with third parties that integrate the Pivvit services into their sites and applications; however, we will not share any personal information with these third parties.
We may also share your personal information with third party vendors, consultants and other service providers who work on our behalf (e.g., fraud and identity theft prevention and security auditing services). Furthermore, to verify your identity, we may share your personal information with third-party identity-verification services such as Inflection and/or Lexus Nexus.
Finally, we may also share your information as follows:
· with credit bureaus to report account information, as permitted by law;
· to comply with laws or to respond to lawful requests and legal process; to protect the rights and property of Pivvit, our agents, users and others, including to enforce our terms, policies and guidelines; or in an emergency to protect the personal safety of Pivvit, our users or any other person;
· in connection with any merger, sale of company assets, financing or acquisition of all or a portion of our business to another company; and
· with your consent or direction to do so.
We may also share aggregated or anonymized information that does not directly identify you.
Security of Your Personal Information
Pivvit takes measures to help protect your personal information in an effort to prevent loss, misuse and unauthorized access, disclosure, alteration and destruction.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input. We do not see or store your credit card information, bank account and routing numbers, since that data is securely encrypted and passed directly to our PCI compliant payment processor, which reveals only the last four digits of your credit card numbers when confirming an order. Of course, our payment processor transmits the entire credit card number to the appropriate credit card company during order processing. It is important for you to protect against unauthorized access to your password and to your computer or mobile device. Be sure to sign off when finished using a shared computer.
Your Information Choices and Changes
In general, our policy is to NOT send you promotional emails from Pivvit, unless related to specific purchases or donations you have made on our Site. You may opt out of receiving promotional emails from Pivvit by following the instructions in those emails or by emailing us at [email protected] If you opt out, we may still send you important non-promotional emails, such as emails about your accounts or our ongoing business relations. In addition, you can review and edit your personal information at any time by logging into your account.
If you choose to visit Pivvit.com, your visit and any dispute over privacy is subject to this Notice and our Conditions of Use, including limitations on damages, resolution of disputes, and application of the law of the state of Delaware.
Changes to This Policy
Pivvit may change this Policy from time to time. If we make any changes to the Policy, we will change the "Last Updated" date above.
If you have any questions about this Policy, please contact us at [email protected]
GENERAL CONDITIONS OF USE Last updated: July 3, 2014
Pivvit and/or its affiliates ("Pivvit") provide website features and other products and services to you when you visit or shop at Pivvit.com, use Pivvit products or services, use Pivvit applications for mobile, or use software provided by Pivvit in connection with any of the foregoing (collectively, "Pivvit Services"). Pivvit provides the Pivvit Services subject to the following conditions.
By using Pivvit Services, you agree to these conditions. Please read them carefully.
We offer a wide range of Pivvit Services, and sometimes additional terms may apply. When you use a Pivvit Service (for example, Your Profile, Coupons, or Pivvit applications for mobile) you also will be subject to the guidelines, terms and agreements applicable to that Pivvit Service ("Service Terms"). If these Conditions of Use are inconsistent with the Service Terms, those Service Terms will control.
ELIGIBILITY TO USE THE SITE AND SERVICES; CHILDREN
The Site and the Services are not intended for or directed to users under the age of 13. To register for any Services offered on Site, you must be 13 years of age or older. If you are under the age of 13, you only may use Site and Services with permission from your parents or guardians. Pivvit does not knowingly collect personally identifiable information from users under the age of 13. Children under 13 should not send any information about themselves to Pivvit. If a child under 13 submits information through any part of Site or Services, and Pivvit becomes aware that the person submitting the information is a child, we will attempt to delete this information as soon as possible.
If you use any Pivvit Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pivvit may list products or services for children, but they are only available for purchase by adults, who can purchase with a credit card or other permitted payment method. If you are under 13, you may use the Pivvit Services only with involvement of a parent or guardian. Alcohol listings on Pivvit are intended for adults. You must be at least 21 years of age to purchase alcohol, or use any site functionality related to alcohol. Pivvit reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
By using Pivvit Services, sites, applications, and tools, you agree that you WILL NOT:
You shall comply with all applicable international, federal, state, local and any other applicable laws, statutes, ordinances and regulations regarding use of the Site and Services, including without limitation laws and regulations relating in any way to the sale or resale of tickets.
SUSPENSION OR TERMINATION OF YOUR USE OF THE SITE
Your failure to follow the requirements of these Terms may result in suspension or termination of your access to the Site or Services, without notice, in addition to Pivvit's other remedies. Pivvit further reserves the right to terminate, without notice and in its sole discretion, any user's access to or use of the Site for any reason.
REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, photos, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content abides by use policy under USING PIVVIT.
If you do post content or submit material, and unless we indicate otherwise, you grant Pivvit a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Pivvit and sub-licensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Pivvit for all claims resulting from content you supply. Pivvit has the right but not the obligation to monitor and edit or remove any activity or content. Pivvit takes no responsibility and assumes no liability for any content posted by you or any third party.
Please review our Privacy Notice, which also governs your use of Pivvit Services, to understand our practices.
All content included in or made available through any Pivvit Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, and data compilations is the property of Pivvit or its content suppliers and protected by United States and international copyright laws. The compilation of all content included in or made available through any Pivvit Service is the exclusive property of Pivvit and protected by U.S. and international copyright laws.
In addition, graphics, logos, page headers, button icons, scripts, and service names included in or made available through any Pivvit Service are trademarks or trade dress of Pivvit in the U.S. and other countries. Pivvit's trademarks and trade dress may not be used in connection with any product or service that is not Pivvit's, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Pivvit. All other trademarks not owned by Pivvit that appear in any Pivvit Service are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Pivvit.
One or more patents owned by Pivvit apply to the Pivvit Services and to the features and services accessible via the Pivvit Services. Portions of the Pivvit Services operate under license of one or more patents.
LICENSE AND ACCESS
Subject to your compliance with these Conditions of Use and your payment of any applicable fees, Pivvit or its content providers grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Pivvit Services. This license does not include any resale or commercial use of any Pivvit Service, or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of any Pivvit Service or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. All rights not expressly granted to you in these Conditions of Use or any Service Terms are reserved and retained by Pivvit or its licensors, suppliers, publishers, rights-holders, or other content providers. No Pivvit Service, nor any part of any Pivvit Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Pivvit. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Pivvit without express written consent. You may not use any meta tags or any other "hidden text" utilizing Pivvit's name or trademarks without the express written consent of Pivvit. You may not misuse the Pivvit Services. You may use the Pivvit Services only as permitted by law. The licenses granted by Pivvit terminate if you do not comply with these Conditions of Use or any Service Terms.
Pivvit maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, our systems and our volunteers', fundraisers', donors' , Charities', business’ and customers’ information. For example, for the security of your online visit to the Site, Pivvit may make use of firewall barriers, encryption techniques and/or authentication procedures.
Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Pivvit strives to protect your information, it cannot ensure or warrant the security of any Content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Pivvit will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you provided to us when you registered with the Site.
When you use any Pivvit Service, or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site or through the other Pivvit Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
PIVVIT MARKETPLACE AGREEMENT
Service or Marketplace: as defined above.
Offering: Goods, services, events, membership dues available for purchase on the Marketplace
Buyer: a person paying for Offerings on the Marketplace
Seller: an entity (person or business) receiving money for selling Offerings on Marketplace
Donor: a person donating on the Marketplace
Charity: an entity (person or organization) receiving donations on the Marketplace
Provider: a Seller or Charity
Card: a debit or credit card. Card transactions are payments made through Card Networks (e.g. Visa, MasterCard, American Express, Discover).
ACH: Short for Automated Clearing House. ACH transactions are payments sent from or received by bank account through the ACH networks.
Transaction: Any part of the sale of a Offering, or transmission of a donation. Including:
Pivvit agrees to reasonably safeguard this and other sensitive Buyer and Provider information as well as not resell or reveal said information unless required by law.
For any transaction resulting in a chargeback, Pivvit may also withhold the chargeback in a reserve or deduct the amount and any associated fees or fines assessed by our processor or the Card Associations from Provider’s Pivvit Account or other funding source registered with Pivvit.
Pivvit assumes no liability for chargebacks or for any tooling or assistance Provider provides to prevent or fight chargebacks.
All terms and conditions that by their context should survive termination of this Agreement will survive such termination, including Sections 13 and 20.
Confidential information does not include, nor will this obligation apply to, any information:
Outside of the preceding exceptions, Pivvit shall:
(A) employ industry best practices in connection with the protection of Provider and Buyer information and data (“Provider Data”);
(B) collect, store, copy, transfer and use Provider Data only for purposes of this Agreement;
(C) comply (and cause its representatives to comply) with all applicable laws, rules or regulations relating to privacy and data protection ("Data Laws");
(D) not knowingly do or cause or permit to be done anything which may cause or otherwise result in a breach by Provider of applicable Data Laws; and
(E) unless otherwise forbidden by law, promptly (but in no event later than 12 business hours after becoming aware of any access, use or disclosure addressed in this sentence, and no less than 24 hours prior to any notification to third parties other than consultants or professional advisors) give detailed written notice to Provider if Pivvit discovers any unauthorized access, use, copying, alteration, transfer, or other breach of security (electronic or physical) involving any of the Provider Data (a "Security Incident"), and cooperate (and cause any subcontractors to cooperate) fully with the Provider in the investigation and resolution, of such Security Incident.
Upon request Provider agrees to demonstrate to Pivvit how Seller has integrated the Service, a description of the business, expected transaction/merchant types, operating geography, fulfillment verification process, transaction monitoring process, and information about the Provider principals.
Additionally, from time to time, Pivvit may be required to provide more transaction or customer information to Pivvit’s bank partners. Provider agrees to promptly assist with any information request relevant to these acquirer inquiries.
Pivvit uses both technical and procedural measures to secure Provider and Marketplace customer data. Pivvit will use industry best practices to maintain the security of Marketplace data.
PIVVIT PAYMENT PROCESSING
at [email protected] or by phone at +1 (888) 744-2622
CONDITIONS OF USE: BUYERS
BUYER PROTECTION POLICY
We require Pivvit Providers to comply with our Buyer Protection resolution process. Buyers and Providers permit us to make a final decision, in our sole discretion, on any claim that a buyer opens with Pivvit under the Pivvit Buyer Protection Policy. If we resolve a dispute in the buyer's favor, we will attempt to reimburse the buyer by reversing the funds from the Provider’s Pivvit account used in the transaction. If that is not possible, we will refund the buyer up to the full cost of the item (including any applicable sales taxes), and we will require the Provider to reimburse us for the amount due to the buyer. We may place the reimbursement amount on the Provider’s invoice and charge the seller’s automatic payment method on file with Pivvit, if any, for such reimbursement amount. Without limiting the foregoing, Providers may not have to reimburse us for a Pivvit Buyer Protection claim if they provide the documentation (for example, delivery confirmation or proof that the item was as described) indicated in the Pivvit Buyer Protection Policy.
Correcting Mistakes in Payments to Buyers or Providers. We reserve the right to fix any processing errors we discover. We will correct any processing errors by debiting or crediting the payment method used for the Pivvit Buyer Protection refund or reimbursement.
You are responsible for reading the full item listing, including any instructions from the Provider, before making a commitment to buy or donate. Unless otherwise stated, by making a commitment to buy or donate on Pivvit, you are committing to buy or donate from that particular Provider. If you make a commitment to buy, you enter into a legally binding contract with the Provider and are obligated to purchase the item or make the donation. For motor vehicles and real estate, an offer initiates a non-binding transaction representing a buyer's serious expression of interest in buying the seller's item and does not create a formal contract between the buyer and the seller.
We do not transfer legal ownership of items from the Provider to the buyer. Utah Code Annotated § 70A-2-401(2) and Uniform Commercial Code § 2-401(2) apply to the transfer of ownership between the buyer and the Provider, unless the buyer and the Provider agree otherwise.
Pivvit attempts to be as accurate as possible. However, Pivvit does not warrant that Offering descriptions or other content of any Pivvit Service is accurate, complete, reliable, current, or error-free. If an Offering listed on Pivvit itself is not as described, your sole remedies are to return the Offering in unused condition, seek a refund from the Provider, or to file a Dispute through Settings Dispute on Pivvit.com.
Except where noted otherwise, the List Price or Suggested Price displayed for Offerings on any Pivvit Service represents the full retail price listed on the product or service itself, set by the Provider, plus any associated taxes or fees.
REFUNDS FOR EVENT REGISTRATIONS
All refunds for event registrations are handled exclusively by Event Organizers which are independent of Pivvit. Pivvit is not responsible for handling or communicating an Event Organizer's refund policy or processing refunds. Event Organizers agree that they are solely responsible for providing information concerning their refund policy. If you wish to seek a refund for an event registration, you must communicate directly with the Event Organizer and not Pivvit. Event registrants and Event Organizers acknowledge that Pivvit will not be liable, accountable or responsible in any way for anything related to refunds for event registrations, including without limitation, an error processing a refund, the failure to provide a refund, the failure of an Event Organizer to communicate about a refund, or any chargebacks related to a refund. Simply put, you have to deal with an Event Organizer concerning a refund and Event Organizers agree to deal exclusively with event registrants concerning refunds.
CONDITIONS OF USE: PROVIDERS
By listing an item on Pivvit's sites, you agree to pay credit card fees and Pivvit fees, to assume full responsibility for the content of the Offering listed, and to accept the following listing conditions: When you list an item or service on Pivvit's sites, your listing will be posted on Pivvit's sites. Pivvit reserves the right to end your listing for any reason. Where and whether your listing appears in search and browse results may be based on certain factors including, but not limited to, listing format, title, keywords, price, and detailed Provider ratings.
Changing a reimbursement method will not affect Pivvit's use of a payment method on file for other purposes (such as payment of your Pivvit fees). If Provider does not provide Pivvit with a valid reimbursement method, we may collect amounts owed using other collection mechanisms, including retaining collection agencies. We may also suspend or restrict Providers from buying or selling on our sites and using our services, applications, and tools until payment is made.
To protect against the risk of liability, Pivvit has at times requested, and may continue to hold Provider funds based on certain factors, including, but not limited to, selling history, seller performance, riskiness of the listing category, fraud risk of buyers, or the filing of an Pivvit Buyer Protection claim.
CONTACTING DEFAULT PROVIDERS
We may share your telephone numbers with our service providers (such as billing or collections companies) who we have contracted with to assist us in pursuing our rights or performing our obligations under the User Agreement, our policies, or any other agreement we may have with you. These service providers may also contact you using autodialed or prerecorded messages calls and/or SMS or other text messages, only as authorized by us to carry out the purposes we have identified above, and not for their own purposes.
PIVVIT SOFTWARE TERMS
In addition to these Conditions of Use, the terms found here apply to any software (including any updates or upgrades to the software and any related documentation) that we make available to you from time to time for your use in connection with Pivvit Services (the "Pivvit Software").
Independent parties operate stores, provide services, or sell product lines on the Pivvit site. We provide links to the sites of affiliated companies and certain other businesses. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their Web sites. Pivvit does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
RULES FOR ALL DONATIONS AND EVENT REGISTRATIONS
For all donations or event registrations made on or through the Site, all Users agree that: (i) they will not use an invalid or unauthorized credit or debit card or other payment method; (ii) they are solely responsible for selecting the correct Charity or Event for fundraising, volunteering, donating, or registering; (iii) notwithstanding donations made to specific campaigns, all donations to Charities are made as unrestricted gifts and may not be specified for any particular purpose; (iv) designated donation and Processing Fees may be charged to the credit or debit card or other payment method you use; (v) all donations are final and non-refundable.
DONATIONS TO CHARITIES THROUGH PIVVIT
Pivvit normally sends the donations it collects to Charities each month. These payment schedules are subject to change at any time at the sole discretion of Pivvit. Charities will receive their payments less the processing fees charged by credit card and ACH payment processors, unless the donor has elected to pay for the transaction fees. Pivvit normally charges no transaction fees for donations. Charities will be responsible for taxes based on their net income or gross receipts.
SPECIAL NOTICES FOR CHARITIES
Pivvit provides instructive emails to Charities to assist them in more effectively using the Site and Services. Upon request from an authorized individual affiliated with a Charity, Pivvit will provide online reports identifying, where available, the name, address, email and transaction accounting (including amount of donation) details related to the individuals or entities that have made donations to the nonprofit and have opted to share certain information, such as their names and email address with the nonprofit. In order to receive this donor data, the nonprofit agrees to not share or sell that data with outside parties.
DISCLAIMER CONCERNING TAX DEDUCTIBLE NATURE OF DONATIONS
Pivvit makes no representation as to whether all or any portion of your donations, including, if any, processing fees, (collectively, "Donations") are tax deductible. Pivvit will have no liability for any claim by any federal, state, local or any other tax authority with respect to the characterization on any applicable tax return of any Donation by you, any Pivvit user, or any Charity. You should consult your tax advisor as to the amount of your Donation that is tax deductible, particularly if you are awarded a gift or prize in connection with your donation.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
PIVVIT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PIVVIT SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIVVIT SERVICES, UNLESS OTHERWISE SPECIFIED IN WRITING. THE PIVVIT SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIVVIT SERVICES ARE PROVIDED BY PIVVIT ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, YOU EXPRESSLY AGREE THAT YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT PIVVIT DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, SELLERS, BUYERS OR ADMINISTRATORS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, APPLICATION, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, PIVVIT EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PIVVIT MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. PIVVIT DOES NOT WARRANT THAT THE PIVVIT SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE PIVVIT SERVICES, PIVVIT'S SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PIVVIT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PIVVIT MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, YOUR ACCRUAL OF THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PIVVIT OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY SELLERS, BUYERS OR ADMINISTRATORS. YOU UNDERSTAND THAT PIVVIT DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY STOREFRONTS. PIVVIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, SELLERS AND BUYERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY PIVVIT. NOTWITHSTANDING PIVVIT’S APPOINTMENT AS THE LIMITED PAYMENT COLLECTION AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM BUYERS ON BEHALF OF THE SELLERS, PIVVIT EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY BUYER, SELLER OR OTHER THIRD PARTY.
LIMITATION OF LIABILITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING VIA THE SITE, APPLICATION AND SERVICES, YOUR, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF PIVVIT WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER PIVVIT NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING ANY PIVVIT SERVICE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INFORMATION, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR FROM YOUR LISTING VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PIVVIT HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE SELLERS PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST, IN NO EVENT WILL PIVVIT’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR PURCHASE VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT AND IN CONNECTION WITH ANY INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR PURCHASING VIA THE SITE, APPLICATION AND SERVICES AS A GUEST IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A HOST, THE AMOUNTS PAID BY PIVVIT TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIVVIT AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold Pivvit and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) creation of a Listing; including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a purchase.
Any dispute or claim relating in any way to your use of any Pivvit Service, or to any products or services sold or distributed by Pivvit or through Pivvit.com will be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify. The Federal Arbitration Act and federal arbitration law apply to this agreement.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Conditions of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: PIVVIT INC, 5800 Valerian Lane, North Bethesda MD 20852. The arbitration will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.
We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration we each waive any right to a jury trial. We also both agree that you or we may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
By using any Pivvit Service, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of Delaware, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Pivvit.
SITE POLICIES AND MODIFICATION
Please review our other policies, such as our Pricing Policy, posted on this site. These policies also govern your use of Pivvit Services. We reserve the right to make changes to our site, policies, Service Terms, and these Conditions of Use at any time.
ADDITIONAL PIVVIT SOFTWARE TERMS
FINAL TERMS AND CONDITIONS
Pivvit reserves the right to modify its policies and this User Agreement at any time consistent with the provisions outlined herein.