Terms and Conditions

Legal Restrictions and Terms of Use Applicable to this Site

Use of this Site Signifies your Agreement to the Terms of Use.

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE

By using this site, you signify your consent to these terms of use. If you do not agree to these terms of use, please do not use the site.

The following legal restrictions and terms of use apply to The Pivot Fund and any other site owned and/or operated by or on behalf of The Pivot Fund or any of its subsidiaries, that states that it is governed by these Terms of Use and/or links to these Terms of Use (the sites and entities collectively referred to herein as The Pivot Fund and/or “we” respectively).

USE OF MATERIALS
This site is owned and operated by The Pivot Fund and/or, in the case of certain features, its third party service providers, and unless otherwise indicated the contents of the Pivot Fund as well as any other company-owned Sites are the property of The Pivot Fund and are protected, without limitation, pursuant to U.S. and foreign copyright and trademark laws. No material from The Pivot Fund or its affiliated Sites may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, unless otherwise states publicly on the Site. Users must keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of The Pivot Fund’s copyright, trademark, and trade secret rights and others’ proprietary rights. For purposes of this Agreement, the use of any such material on any other web site or networked computer environment is prohibited.

In the event you download software from the site, the software including any files, images incorporated in or generated by the software and data accompanying the Software (together, the “Software”) are licensed to you by The Pivot Fund.  The Pivot Fund does not transfer title to the Software to you. As between you and The Pivot Fund, The Pivot Fund retains full and complete right, title, and interest in and to the Software and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse-engineer or disassemble the Software.

You hereby grant The Pivot Fund and its agents and licensees a worldwide, royalty-free, fully-paid, perpetual, non-exclusive license to use, including without limitation the right to copy, publish, perform, display and distribute and/or adapt, any material you upload to, distribute through or post on The Pivot Fund, including without limitation via message boards, chat rooms and/or blogs or any other features on our Web site properties in whole or in part, alone or in combination with other material, in any and all media, now known or hereafter devised.

USER CONDUCT
Derogatory, harmful or unlawful conduct is not permitted on The Pivot Fund or any of its Web site properties. Users are not permitted to upload to, distribute through, or otherwise publish through The Pivot Fund any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violate any law. Unauthorized commercial messages and/or public announcements are not allowed on The Pivot Fund. Unauthorized collection and/or use of email addresses via The Pivot Fund is also not allowed.

Please be aware that generally, information you post on, upload to or distribute through a message board, chat room, blog or any similar feature will be accessible by other users of The Pivot Fund. Please be sure that any such information is information that you are comfortable sharing with the public.

Users are solely responsible for the content of their messages. The Pivot Fund is not responsible for the content or accuracy of any information posted, uploaded or transmitted by users of The Pivot Fund. You acknowledge that The Pivot Fund may or may not pre-screen and/or monitor content posted on The Pivot Fund and that The Pivot Fund shall have the right to remove, edit, move or close, in whole or in part, any thread or posting and/or similar feature on The Pivot Fund at any time for any reason, in The Pivot Fund’s sole discretion.

You hereby agree to comply with all laws that apply or may apply to your use of or activities on The Pivot Fund and any rules for conduct on The Pivot Fund or use of specific features and/or services offered thereon that may be posted on The Pivot Fund, whether in these terms of use or otherwise, from time to time.

NO PERSONAL ADVICE
Any informational materials provided on The Pivot Fund including without limitation the opinions and/or recommendations of any authors and/or moderators, are not intended to substitute for any professional educational, medical, legal, psychiatric, employment or other advice. Without limitation of the Disclaimer paragraphs set forth below, The Pivot Fund makes no representations or warranties regarding, and expressly disclaims any and all liability concerning, any action by any person following the information offered or provided within or through The Pivot Fund If you have concerns or a situation in which you require professional advice, then you should consult with an appropriately qualified professional in the relevant field.

THIRD PARTIES
Your correspondence and dealings with third parties including without limitation job seekers, employers and/or advertisers that you encounter via The Pivot Fund are solely between you and such entity. You agree that The Pivot Fund shall not be responsible or liable for any dispute, loss or damage of any sort incurred as a result of any such dealings. In addition, you acknowledge that The Pivot Fund does not endorse, verify, or make any representations regarding any third-party advertisements, products or services and does not confirm that each user of The Pivot Fund is who the user claims to be. It is your sole responsibility to research and verify the legitimacy of any organization or individual advertising on The Pivot Fund, and you are solely responsible for your decision to submit personal information to any third party.

PRICING
With respect to items sold by The Pivot Fund, we do NOT charge your credit card until after your order has entered the shipping process. From time to time, however, some items in our online stores may be mispriced. If we discover an item that you have ordered is mispriced, we may do one of the following:

· If an item’s correct price is lower than our stated price, upon becoming aware of the issue we will contact you and refund the difference of the amount paid by you and the item’s correct price.

· If an item’s correct price is higher than our stated price, we will contact you upon becoming aware of the issue for instructions. If we become aware of the issue before the item has shipped, we reserve the right to cancel your order and notify you of such cancellation.

CHANGES TO SITE
The Pivot Fund may add, change, discontinue, remove or suspend any portion of The Pivot Fund site any time, without notice.

TERMINATION
This Agreement is effective until terminated by either party. You may terminate this Agreement at any time by destroying all materials obtained from The Pivot Fund and all related documentation and all copies and installments thereof whether made under the terms of this Agreement or otherwise. This Agreement will terminate immediately without notice from The Pivot Fund, if in The Pivot Fund’s sole discretion you fail to comply with any term or provision of this Agreement, if you are a repeat infringer of any third party’s rights, or if you engage in conduct that is illegal, tortious or that interferes with the technological operation of this site. Upon termination, you must destroy all materials obtained from The Pivot Fund and all copies thereof, whether made under the terms of this Agreement or otherwise.

DISCLAIMER
THE PIVOT FUND MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THEPIVOTFUND.ORG OR ITS CONTENTS, WHICH ARE PROVIDED FOR USE “AS IS” AND “AS AVAILABLE.” THE PIVOT FUND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THEPIVOTFUND.ORG AND ANY WEB SITE WITH WHICH IT IS LINKED. THE PIVOT FUND DOES NOT WARRANT THE FUNCTIONS, INFORMATION OR LINKS CONTAINED ON THEPIVOTFUND.ORG OR THAT ITS CONTENTS WILL MEET YOUR REQUIREMENTS, THAT THEPIVOTFUND.ORG, OR ITS CONTENTS, ARE FIT FOR ANY PARTICULAR PURPOSE OR THAT THE OPERATION OF THEPIVOTFUND.ORG OR ITS CONTENTS, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, WORMS, TROJAN HORSES, CANCELBOTS OR OTHER HARMFUL COMPONENTS. THE PIVOT FUND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THEPIVOTFIND.ORG IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT THE PIVOT FUND) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL THE PIVOT FUND BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THEPIVOTFUND.ORG, EVEN IF THE PIVOT FUND OR A PIVOT FUND AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE PIVOT FUND’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, OR NOT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THEPIVOTFUND.ORG.

YOU HEREBY ACKNOWLEDGE THAT YOU UNDERSTAND THAT BY ACCESSING THEPIVOTFUND.ORG AND AGREEING TO THESE TERMS OF USE, YOU MAY BE WAIVING RIGHTS WITH RESPECT TO CLAIMS THAT ARE AT THIS TIME UNKNOWN OR UNSUSPECTED, AND IN ACCORDANCE WITH SUCH WAIVER, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD, AND HEREBY EXPRESSLY WAIVE, THE BENEFITS OF SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY, WHICH PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

PERMISSION FOR WEB LINKING

If you link to The Pivot Fund, you may only link to the home page, and the link must be in plain text, unless otherwise approved in writing by The Pivot Fund. Any such link must not damage, dilute or tarnish the goodwill associated with The Pivot Fund and/or any Pivot Fund intellectual property, nor may the link create the false appearance that your web site or organization is sponsored, endorsed by, affiliated or associated with The Pivot Fund, and you may not “frame” The Pivot Fund. You may not link to The Pivot Fund from any web site that is unlawful, abusive, indecent or obscene, that promotes violence or illegal acts or that is otherwise inappropriate in The Pivot Fund’s sole discretion. The Pivot Fund reserves the right, in its sole discretion, to terminate any link from any web site

To request permission to place a link from your web site to The Pivot Fund, please send your name, address, web site URL, and nature of the web site to: tracie@thepivotfund.org.