Terms of Use

The Pivot Group, LLC – Terms of Use

Last Modified: October 27, 2021

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and The Pivot Group, LLC (“Company,” “we,” or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of https://askpivot.com/ (the “Website”), including any content and functionality offered on or through the Website.

By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. 

This Website is offered and available to users who are 16 years of age or older and reside in the United States and Canada. By using this Website, you represent and warrant that you are at least 16 years old and live in the United States or Canada. If you do not meet these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time at our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. 

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You should check this page from time to time so you are aware of any changes. 

3. Accessing the Website and Account Security

Although we will use reasonable efforts to make the Website available on a regular basis, we reserve the right to withdraw or amend this Website or any of its contents, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website.

To access some of the Website’s resources, you may be asked to provide certain account registration details or other information. It is a condition of your access to and use of the Website that all the information you provide is correct, current, and complete, and that you will update it when necessary to ensure it remains correct, current, and complete. You agree that all information you provide to us through the Website to create an account or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. 

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole and absolute discretion for any reason, including if we have determined or suspect that you have violated any provision of these Terms of Use.

4. Intellectual Property Rights

Subject to your compliance with these Terms of Use, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and revocable license to access, use, and display the Website and its contents for your personal and non-commercial use. The Website and its contents, features, and functionality (including but not limited to all information, resources, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company or its licensors and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

We provide some materials on the Website that explicitly state that you may download and use them (e.g., sample social media posts). You are strictly prohibited from reproducing, distributing, modifying, creating derivative works of, publicly displaying, publicly performing, republishing, downloading, storing, or transmitting any other materials on our Website – except as may be necessary to access and use those materials for your personal and non-commercial use, or as we may otherwise agree in writing.

Except as stated above, you may not:

  • Modify copies of any materials from the Website.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you wish to make any use of material on the Website other than as set out above, please address your request to getinfo@askpivot.com. 

If you breach these Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. Except as stated above, no right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

5. Trademarks; Affiliation with Company

The Company name, the PIVOT, PICK-IT, and WHERE DO YOU WANT TO GO? trademarks, and all related names, logos, product, and service names, designs, graphics, and slogans are intellectual property owned by the Company or its licensors. You may not use such intellectual property without the prior written permission of the Company. 

You are prohibited from stating or suggesting that you are affiliated with or endorsed by Company without the prior written permission of the Company.  

6. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. Without limiting the foregoing, you agree not to:

  • Use the Website in any way that violates any applicable law, rule, or regulation. 
  • Use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
  • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website, including their ability to engage in real-time activities through the Website.
  • Use any robot, spider, or other automatic device or process to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is hosted, or any server, computer, or database connected to the Website. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

7. Monitoring and Enforcement; Termination

We have the right to:

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. 
  • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation any violation of these Terms of Use.

Complaints concerning content posted or shared to the Website may be sent to getinfo@askpivot.com.   

8. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Without limiting the foregoing, nothing on the Website should be construed as legal advice or be used without considering whether it should be customized for your particular circumstances. Any reliance you place on such information is strictly at your own risk. 

9. Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. 

If you provide suggestions or other feedback regarding the Website, we may use and share such feedback for any purpose without compensation or credit to you.  

10. Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

11. Links from the Website

If the Website contains links to other sites (including without limitation https://pivot.bamboohr.com/jobs/ and https://www.telecompetitor.com/) and resources provided by third parties, these links are provided for your convenience only. You should assume that we have no control over the contents of those sites or resources, and that we accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the websites linked from this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12. Geographic Restrictions

The owner of the Website is based in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States, however. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, rules, and regulations.

13. Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE FOREGOING ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, MEMBERS, MANAGERS, 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, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, 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 THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, members, managers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including any use of the Website’s content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information or materials obtained from the Website.

16. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), will be governed by and interpreted in accordance with the laws of the State of Oregon without regard to its conflict of laws principles.

Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Website will be brought solely in the state or federal courts located in Portland, Oregon. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

17. Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use 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 of the Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect. 

18. Entire Agreement

These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and The Pivot Group, LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. Your use of the Website does not create a client relationship: that requires a separate written agreement. If you have any questions or would like to request additional information, you may contact us at getinfo@askpivot.com.