PIVOTAL DIGITAL PARTNERS TERMS AND CONDITIONS
Effective September 1, 2026
IMPORTANT: THESE TERMS CONTAIN A NO-REFUND POLICY, WARRANTY DISCLAIMERS, LIMITATIONS OF LIABILITY, AN ARBITRATION AGREEMENT, A CLASS ACTION WAIVER, AND A JURY TRIAL WAIVER.
PLEASE READ THEM CAREFULLY.
These Terms and Conditions, referred to as the “Terms,” form a binding agreement between you and Pivotal Digital Partners LLC, doing business as Pivotal Digital Partners, referred to as “Pivotal,” “we,” “us,” or “our.”
These Terms govern your access to and use of growwithpivotal.com and any related websites, subdomains, assessments, calculators, scorecards, interactive tools, courses, digital products, downloads, forms, communities, events, social media content, communications, and professional services that link to or reference these Terms.
Collectively, these are called the “Services.”
By accessing or using the Services, creating an account, submitting a form, selecting a button or checkbox indicating acceptance, purchasing a product, enrolling in a course, or engaging Pivotal for professional services, you agree to these Terms and our Privacy Policy.
If you do not agree to these Terms, do not access, purchase, or use the Services.
1 - Eligibility and Authority
You must be at least 18 years old and legally capable of entering into a binding agreement to use or purchase the Services.
If you use or purchase the Services on behalf of a company, organization, or other legal entity, you represent that you have authority to bind that entity.
In that situation, “you” includes both you and the entity you represent.
The Services are intended primarily for business owners, professionals, and organizations.
They are not intended for children.
2 - Scope and Order of Agreements
These Terms govern general access to and use of the Services.
A sales page, checkout page, order form, proposal, statement of work, service agreement, enrollment page, or other written agreement may contain additional terms.
If a specific written agreement conflicts with these Terms, the more specific agreement controls for the applicable purchase, product, or service.
A signed client agreement controls all professional services covered by that agreement.
3 - Educational and Informational Purposes
Pivotal provides marketing education, strategic frameworks, assessments, calculators, interactive tools, courses, templates, content, and professional guidance.
Unless expressly stated in a signed agreement, the Services are provided for general educational and informational purposes.
The Services do not constitute legal, financial, accounting, tax, investment, employment, cybersecurity, medical, or other regulated professional advice.
You are responsible for consulting qualified professionals before making decisions that require specialized advice.
Accessing content, completing an assessment, using a tool, sending a direct message, submitting a form, or communicating with Pivotal does not by itself create a consultant-client, agency, fiduciary, attorney-client, or other professional relationship.
A professional services relationship begins only when Pivotal and the client enter into an applicable written agreement.
4 - No Guarantee of Results
Marketing and business outcomes depend on many factors outside Pivotal’s control, including your market, audience, offer, pricing, competition, execution, resources, capacity, timing, technology, customer behavior, and economic conditions.
Pivotal does not guarantee:
- Revenue, profit, sales, leads, customers, or conversions
- Audience, subscriber, engagement, or follower growth
- Search rankings, platform reach, advertising performance, or media coverage
- Acceptance into a program, course, partnership, or service
- A particular assessment result, score, diagnosis, or recommendation
- That a strategy, course, template, tool, framework, or recommendation will produce a particular result
- That a third-party platform will continue operating or maintain the same features, algorithms, policies, prices, or availability
Examples, projections, calculations, scenarios, testimonials, and case studies are provided for illustration.
They do not promise that you will achieve the same or similar results.
You remain responsible for your decisions, expenses, implementation, regulatory compliance, and business results.
5 - Assessments, Calculators, and Interactive Tools
Pivotal assessments, scorecards, calculators, checkers, labs, and other interactive tools provide educational estimates and strategic observations based on information supplied by the user and the logic built into each tool.
Results may be incomplete, approximate, or affected by:
- Incorrect or incomplete information
- Assumptions used by the tool
- Technical limitations
- Changing market conditions
- Circumstances the tool does not evaluate
- Errors in third-party systems or data
Assessment labels, scores, revenue scenarios, pricing estimates, projections, and recommendations are not guarantees, valuations, certifications, formal audits, or professional opinions.
You are responsible for reviewing results, verifying important information, and deciding whether a recommendation is appropriate for your business.
Pivotal may revise or discontinue a tool, question, calculation, scoring method, recommendation, or feature at any time.
6 - Artificial Intelligence and Automated Features
Some Services, workflows, content, recommendations, or internal processes may use artificial intelligence, automation, or other technology-assisted systems.
Technology-assisted outputs may be incomplete, inaccurate, outdated, or unsuitable for your circumstances.
You must review and verify outputs before relying on, implementing, or publishing them.
Do not submit the following through public tools or artificial intelligence features:
- Passwords or access credentials
- Payment card or banking information
- Government identification numbers
- Protected health information
- Regulated personal information
- Trade secrets
- Confidential client information
- Information you are not authorized to disclose
You remain responsible for the accuracy, originality, legality, and suitability of anything you create, implement, or publish using an output from the Services.
7 - Courses, Digital Products, and Downloads
When you purchase or access a course, template, workbook, guide, report, recording, resource, or other digital product, Pivotal grants you a limited, revocable, nonexclusive, non-transferable license for your own personal or internal business use.
You may use an authorized template or framework to create work for your own business.
Unless Pivotal provides prior written permission, you may not:
- Share login credentials or access with another person
- Copy or distribute course materials
- Resell, sublicense, publish, upload, or give away a product
- Use a product to create a competing course, template, assessment, tool, service, or digital product
- Remove copyright, trademark, or attribution notices
- Record, reproduce, transcribe, or redistribute protected lessons, calls, workshops, or events
- Upload protected Pivotal materials to a public or shared artificial intelligence system
- Use Pivotal materials to train or improve an artificial intelligence or machine-learning system
- Represent Pivotal materials, frameworks, or methods as your own original work
Access periods, included materials, support, updates, and delivery methods may vary by product and will be described on the applicable purchase or enrollment page.
Purchasing one product does not include access to other products, custom review, private consulting, implementation, or ongoing support unless expressly stated.
8 - Professional and Strategic Services
Professional services may include Strategic Reviews, consulting, workshops, audits, strategy sessions, implementation, training, or other custom services.
The scope, timing, fees, client responsibilities, deliverables, revisions, and termination rights for professional services will be established in a separate proposal, order form, statement of work, or service agreement.
Unless expressly included in the applicable agreement:
- Pivotal is not responsible for implementing recommendations
- Recommendations are based on information available at the time of review
- The client is responsible for providing complete and accurate information
- The client is responsible for final business decisions and approvals
- Additional work requires separate written authorization and may require additional fees
- Delays caused by missing information, access, approvals, or participation may change the schedule
- Pivotal does not guarantee performance following delivery
- Pivotal is not responsible for work modified by the client or another provider after delivery
Pivotal may use qualified employees, contractors, specialists, technology providers, or service providers to support delivery.
9 - Client Responsibilities
When purchasing professional services, you agree to:
- Provide timely, complete, and accurate information
- Provide authorized access to necessary platforms and materials
- Respond to requests for feedback or approval within the agreed schedule
- Review deliverables and identify material concerns promptly
- Obtain legal, compliance, licensing, and regulatory approvals relevant to your business
- Ensure that materials supplied to Pivotal do not violate another person’s rights
- Make final decisions concerning implementation and publication
Pivotal is not responsible for delay, additional cost, or reduced performance caused by incomplete information, delayed approvals, changing instructions, unavailable access, or failure to perform client responsibilities.
10 - Accounts and Access
Certain Services may require an account.
You are responsible for:
- Providing accurate and current information
- Protecting passwords and access credentials
- Restricting access to your account
- Activities performed through your account
- Promptly notifying Pivotal of suspected unauthorized access
You may not share an individual account unless the applicable product expressly permits multiple users.
Pivotal may suspend or restrict access when reasonably necessary to investigate misuse, protect the Services, address nonpayment, comply with law, or enforce these Terms.
11 - Purchases, Payments, and Taxes
Prices are displayed in the currency shown at checkout.
You agree to pay all charges, applicable taxes, and authorized fees associated with your purchase.
Payments may be processed through third-party payment providers.
Their terms and privacy practices also apply to payment processing.
You represent that:
- The payment information you provide is accurate
- You are authorized to use the selected payment method
- You authorize the applicable charges
- You will keep payment information current for any scheduled payment
You may not initiate an improper chargeback to avoid a valid payment obligation.
Before disputing a charge with your financial institution, contact support@growwithpivotal.com and provide Pivotal a reasonable opportunity to investigate and address the issue.
Pivotal may change prices prospectively.
A price change will not alter a completed purchase unless the purchase includes a renewal or recurring payment disclosed at checkout.
12 - No-Refund Policy
ALL SALES ARE FINAL.
Pivotal does not provide refunds, returns, exchanges, or account credits after a purchase is completed, except where required by applicable law or expressly agreed by Pivotal in a signed written agreement.
This no-refund policy applies to:
- Courses and educational programs
- Digital products, templates, downloads, and recordings
- Assessments, reports, calculators, and interactive tools
- Workshops, events, and training sessions
- Strategic Reviews, consulting, and professional services
- Deposits, retainers, payment plans, and scheduled sessions
- Subscriptions and memberships, if offered
Digital products and courses provide access to proprietary information and intellectual property.
A customer’s failure to access, download, complete, attend, use, or implement a purchased product or service does not create a right to a refund.
Dissatisfaction with an assessment result, score, diagnosis, recommendation, strategy, educational approach, or business outcome does not create a right to a refund.
Fees paid for reserved capacity, preparation, research, scheduled sessions, or completed work are nonrefundable.
Canceling or ending a professional engagement does not eliminate payment obligations that have already accrued under the applicable agreement.
If Pivotal cancels a paid service without providing the purchased service or a reasonable alternative, Pivotal may, subject to applicable law, reschedule the service, provide a substitute deliverable, issue an account credit, or refund the undelivered portion.
Nothing in this policy limits a refund, cancellation, or consumer right that cannot legally be waived.
13 - Payment Plans
A payment plan divides the total purchase price into installments.
It is not a cancel-at-any-time subscription.
By selecting a payment plan, you agree to pay the full purchase price according to the schedule disclosed at checkout.
Your obligation to complete the payment plan continues even if you:
- Stop using the product
- Do not complete the course
- Miss a scheduled session
- Change your mind
- Experience a change in your business or personal circumstances
- Fail to implement the material
- Lose access because you violate these Terms
If a scheduled payment fails, Pivotal may:
- Retry the payment method
- Suspend access
- Require an updated payment method
- Declare the remaining balance due where permitted by the applicable agreement and law
- Use lawful collection methods
You remain responsible for any amounts due under the payment plan.
14 - Recurring Subscriptions
If Pivotal offers a recurring subscription or membership, the recurring price and billing frequency will be disclosed before purchase.
By enrolling, you authorize recurring charges until the subscription is canceled.
Cancellation prevents future renewal charges after the effective cancellation date.
It does not refund charges that have already been processed.
Cancellation instructions will be provided with the applicable subscription or account.
Pivotal will comply with non-waivable cancellation and renewal requirements that apply to the transaction.
15 - Scheduling, Attendance, and Rescheduling
Scheduled sessions require the client’s timely attendance and participation.
Rescheduling, cancellation, missed-session, and expiration rules may be stated on the applicable sales page, confirmation, or service agreement.
Unless a different written policy applies:
- Missing a scheduled session does not create a refund right
- Arriving late may reduce the available session time
- Pivotal is not required to extend a session because of client lateness
- Unused time, calls, or deliverables do not automatically convert to account credit
- Rescheduling is subject to availability
- Pivotal may require a new fee to replace a missed or expired session
If Pivotal must reschedule, we will provide a reasonable alternative date or delivery arrangement.
16 - Acceptable Use
You agree not to:
- Violate any law or another person’s rights
- Submit false, misleading, unlawful, infringing, or harmful information
- Interfere with the operation or security of the Services
- Attempt unauthorized access to accounts, systems, source code, or data
- Circumvent access restrictions, payment controls, or security measures
- Scrape, crawl, harvest, mirror, frame, or systematically extract content without written permission
- Reverse engineer or attempt to discover protected source code, calculations, prompts, scoring logic, or tool logic, except where law expressly permits it
- Introduce malware, malicious code, or harmful material
- Use the Services to spam, harass, impersonate, defraud, or exploit another person
- Use Pivotal content, tools, or data to build, train, benchmark, or improve a competing product or artificial intelligence system
- Misrepresent your relationship with Pivotal
- Use Pivotal names, trademarks, or materials in a way that suggests sponsorship, certification, partnership, or endorsement without permission
- Use the Services for an unlawful, deceptive, discriminatory, or abusive purpose
Pivotal may restrict or terminate access for conduct that violates these Terms or creates material risk to Pivotal, its customers, service providers, or users.
17 - Intellectual Property
The Services and their original content, design, branding, frameworks, assessments, scoring systems, course materials, videos, audio, templates, downloads, text, graphics, software, and other materials are owned by or licensed to Pivotal and are protected by intellectual property laws.
This includes the Digital Disconnect Framework and other Pivotal names, methods, product names, tools, and brand elements, whether or not formally registered.
No ownership rights are transferred to you.
You may not use Pivotal’s name, logo, trademarks, copyrighted materials, proprietary frameworks, or protected materials outside the limited permissions provided by these Terms without prior written authorization.
18 - Copyright Complaints
If you believe material available through the Services infringes your copyright, send a written notice to support@growwithpivotal.com.
The notice should include:
- Identification of the protected work
- Identification and location of the allegedly infringing material
- Your name and contact information
- A statement that you have a good-faith belief that the use is unauthorized
- A statement that the information in your notice is accurate
- Confirmation that you are the copyright owner or authorized to act for the owner
- Your physical or electronic signature
Pivotal may remove or restrict access to disputed material while reviewing a complaint.
19 - User Submissions and Feedback
You retain ownership of original information and materials you submit.
You grant Pivotal a limited, nonexclusive license to host, process, reproduce, and use submitted information as reasonably necessary to provide, support, secure, and improve the Services.
If you intentionally submit a public comment, review, testimonial, community post, social media response, image, video, or other material for public display, you grant Pivotal a nonexclusive, worldwide, royalty-free license to display, reproduce, format, edit for length or clarity without changing its meaning, and share that material in connection with Pivotal’s business.
You represent that:
- You own or control the necessary rights
- Your submission is accurate to the best of your knowledge
- Your submission does not violate another person’s rights
- Your submission does not contain unlawful or malicious material
You may request that Pivotal stop using a testimonial prospectively by contacting us.
This does not require the recall of materials already printed, published, or distributed where removal is not reasonably practical.
Suggestions and general feedback may be used without compensation or attribution, provided Pivotal does not disclose protected confidential information.
20 - Confidentiality and Public Communications
Do not send confidential, proprietary, privileged, regulated, or highly sensitive information through website forms, public comments, social media comments, or direct messages unless Pivotal has expressly invited the information through an appropriate channel.
Pivotal does not owe a duty of confidentiality merely because information was sent before a professional relationship or confidentiality agreement was established.
Confidentiality obligations for a client engagement are governed by the applicable service agreement.
Pivotal may moderate, hide, restrict, or remove public submissions that are:
- Unlawful
- Abusive or threatening
- Deceptive or misleading
- Infringing
- Discriminatory
- Malicious
- Unrelated to the applicable discussion
- Promotional spam
- Otherwise inconsistent with the purpose of the channel
21 - Social Media and Public Content
Pivotal and Marketing with Ellis may publish educational opinions, commentary, examples, demonstrations, interviews, videos, posts, newsletters, livestreams, and other public content.
Public content reflects the information and context available when published.
Marketing platforms, laws, technology, pricing, and industry practices change.
Pivotal has no obligation to update every previously published item.
Social media comments, replies, reactions, or direct messages are not custom consulting and should not be treated as advice for your specific circumstances.
You are responsible for independently reviewing public content before applying it to your business.
22 - Endorsements, Affiliates, and Sponsorships
Pivotal or Ellis may discuss products, services, platforms, or providers with which a financial, employment, personal, family, affiliate, or sponsorship relationship exists.
When a material relationship is relevant to an endorsement, Pivotal will provide an appropriate disclosure with the applicable content.
An affiliate relationship means Pivotal may receive compensation if you purchase through a qualifying link.
Unless expressly stated, using an affiliate link does not increase your purchase price.
Recommendations reflect the opinion held when the content was published.
You remain responsible for evaluating whether a third-party product or service is appropriate for you.
23 - Testimonials, Reviews, and Case Studies
Testimonials, reviews, examples, and case studies reflect individual experiences.
They are not guarantees of future performance or typical outcomes.
Pivotal will not knowingly publish a false testimonial or materially alter a testimonial in a way that changes its meaning.
Where compensation, free access, discounts, employment, family relationships, or other material connections exist, Pivotal will provide an appropriate disclosure when required.
You may share an honest opinion about Pivotal.
Nothing in these Terms prohibits a lawful and honest customer review or requires you to waive a right protected by applicable law.
24 - Third-Party Services and Links
The Services may depend on or link to third-party websites, applications, social networks, payment processors, client portals, course platforms, scheduling tools, hosting providers, analytics services, or other technologies.
Pivotal does not control third-party services and is not responsible for their:
- Availability
- Security
- Accuracy
- Content
- Policies
- Prices
- Changes
- Business practices
- Acts or omissions
Your use of a third-party service is governed by that provider’s terms and policies.
A link, mention, integration, or recommendation does not mean Pivotal guarantees the third party.
25 - Electronic Communications
You consent to receive contracts, notices, disclosures, receipts, records, and other communications electronically when interacting with the Services.
Electronic communications satisfy legal requirements that communications be in writing to the extent permitted by law.
Marketing communications are governed by your consent choices, our Privacy Policy, and applicable law.
You can unsubscribe from marketing emails without losing access to necessary transactional, account, purchase, or service communications.
26 - Privacy
Our collection and use of personal information are described in the Pivotal Digital Partners Privacy Policy.
By using the Services, you acknowledge that information may be processed through providers supporting:
- Website hosting
- Payments
- Email delivery
- Customer relationship management
- Client portals
- Courses and digital products
- Forms and assessments
- Analytics
- Automation
- Security
- Business operations
27 - Availability and Modifications
Pivotal may modify, suspend, replace, or discontinue a free Service, tool, feature, product, or piece of content at any time.
Pivotal does not guarantee uninterrupted, secure, or error-free availability.
For paid products and services, Pivotal will honor applicable written commitments or provide a remedy when required by the controlling agreement or applicable law.
Scheduled maintenance, emergencies, security issues, third-party failures, platform changes, and circumstances outside Pivotal’s control may affect availability.
28 - Disclaimer of Warranties
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”
PIVOTAL DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AVAILABILITY, AND RESULTS.
PIVOTAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, COMPLETELY SECURE, OR SUITABLE FOR EVERY USER OR BUSINESS.
PIVOTAL DOES NOT WARRANT THAT EVERY ERROR OR DEFECT WILL BE CORRECTED.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN WARRANTY DISCLAIMERS.
IN THOSE JURISDICTIONS, THESE DISCLAIMERS APPLY ONLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
29 - Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, PIVOTAL AND ITS OWNERS, MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, AFFILIATES, SUCCESSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.
THIS INCLUDES LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITIES, LOST DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, REPUTATIONAL HARM, OR THE COST OF SUBSTITUTE SERVICES, EVEN IF THE POSSIBILITY OF SUCH DAMAGES WAS KNOWN.
TO THE FULLEST EXTENT PERMITTED BY LAW, THE TOTAL AGGREGATE LIABILITY ARISING FROM OR RELATING TO THE SERVICES WILL NOT EXCEED THE GREATER OF:
- THE AMOUNT YOU PAID TO PIVOTAL FOR THE SPECIFIC PRODUCT OR SERVICE GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY
OR
- ONE HUNDRED UNITED STATES DOLLARS
THE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ASSERTED AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
Nothing in these Terms excludes liability that cannot lawfully be excluded.
30 - Entity-Only Recourse
To the fullest extent permitted by law, any contractual claim relating to a Pivotal product or service must be asserted against Pivotal Digital Partners LLC.
You agree not to pursue the personal assets of any owner, member, manager, officer, employee, contractor, agent, spouse, household member, relative, heir, or representative solely because of that person’s ownership of, work for, or relationship with Pivotal.
This provision does not protect a person from liability that applicable law expressly imposes on that person for their own independently actionable conduct.
31 - Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Pivotal and its owners, members, managers, officers, employees, contractors, agents, affiliates, successors, and service providers from third-party claims, damages, liabilities, judgments, losses, and reasonable legal expenses arising from:
- Your unlawful or unauthorized use of the Services
- Your violation of these Terms
- Information or materials you submit, publish, or distribute
- Your infringement of another person’s rights
- Your implementation or misuse of a recommendation, template, tool, or output
- Products, services, claims, campaigns, or content you create or operate
- Your violation of a law or contractual obligation
Pivotal may control the defense of an indemnified claim.
You agree to provide reasonable cooperation.
You may not settle a claim in a way that admits liability or imposes an obligation on Pivotal without Pivotal’s written consent.
32 - Informal Dispute Resolution
Before filing a lawsuit or arbitration, the complaining party must send a written notice describing:
- The party’s name and contact information
- The relevant product, service, or transaction
- The facts supporting the dispute
- The requested resolution
Notices to Pivotal must be sent to support@growwithpivotal.com with the subject line “Legal Dispute Notice.”
The parties agree to make a good-faith effort to resolve the dispute for at least 30 days following receipt of the notice.
This requirement does not prevent either party from seeking urgent relief when necessary to protect intellectual property, confidential information, security, or legal rights that could be irreparably harmed.
33 - Binding Individual Arbitration
PLEASE READ THIS SECTION CAREFULLY.
Except for matters eligible for small claims court and requests for temporary or injunctive relief involving intellectual property, confidentiality, unauthorized access, or misuse of the Services, disputes arising from or relating to these Terms or the Services will be resolved through final and binding individual arbitration.
The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.
Arbitration will be administered by the American Arbitration Association under the rules applicable to the dispute.
Unless the parties agree otherwise, arbitration may be conducted remotely by video, telephone, or written submissions.
The arbitrator may award the same individual remedies available in court but may not combine claims or preside over a class, collective, consolidated, or representative proceeding.
A court with proper authority may decide disputes concerning the enforceability of the class action waiver or whether a matter must be arbitrated.
You may opt out of this arbitration agreement by emailing support@growwithpivotal.com within 30 days after first accepting these Terms.
Your opt-out notice must include:
- Your full name
- Your email address
- The date of your purchase or acceptance
- An unequivocal statement that you are opting out of arbitration
Opting out of arbitration does not affect the remaining Terms.
34 - Class Action and Jury Trial Waiver
TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PIVOTAL AGREE THAT CLAIMS MAY BE BROUGHT ONLY IN AN INDIVIDUAL CAPACITY.
NEITHER PARTY MAY PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, COLLECTIVE, OR REPRESENTATIVE ACTION.
YOU AND PIVOTAL WAIVE THE RIGHT TO A TRIAL BY JURY FOR ANY DISPUTE THAT IS NOT RESOLVED THROUGH ARBITRATION.
If the class action waiver is found unenforceable for a particular claim, that claim must proceed in court and not in class arbitration.
35 - Governing Law and Venue
These Terms are governed by the laws of the Commonwealth of Pennsylvania, without regard to conflict-of-law principles, except where federal law controls.
For disputes not subject to arbitration, the parties consent to exclusive jurisdiction in the state and federal courts with jurisdiction over Montgomery County, Pennsylvania.
36 - Time Limit for Claims
To the fullest extent permitted by law, a claim arising from or relating to the Services must be filed within one year after the event giving rise to the claim.
A claim not filed within that period is permanently barred.
This limitation does not apply where applicable law prohibits shortening the legal filing period.
37 - Termination
You may stop using the Services at any time.
Pivotal may suspend or terminate access if you:
- Violate these Terms
- Fail to make a required payment
- Misuse intellectual property
- Threaten the security of the Services
- Create material legal or operational risk
- Interfere with another user
- Engage in abusive or fraudulent conduct
Termination does not eliminate payment obligations or provisions that reasonably should survive.
The provisions concerning payments, no refunds, intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution survive termination.
38 - Force Majeure
Pivotal is not responsible for delay or failure caused by events beyond its reasonable control.
These events may include:
- Natural disasters or severe weather
- Fire or utility failure
- Illness, injury, or epidemic
- War or civil disturbance
- Labor disruption
- Internet, hosting, or platform failure
- Cyberattack
- Government action
- Supply interruption
- Failure of a third-party service provider
Pivotal will use reasonable efforts to resume affected obligations when practical.
39 - Changes to These Terms
Pivotal may update these Terms to reflect changes in the Services, business practices, technology, or legal requirements.
The effective date at the top identifies the current version.
Material changes may be communicated through the website, email, account notice, or another appropriate method.
Changes apply prospectively unless a different application is required by law.
Your continued use of the Services after updated Terms become effective constitutes acceptance of the updated Terms.
40 - Assignment
You may not transfer your rights or obligations under these Terms without Pivotal’s prior written consent.
Pivotal may assign these Terms in connection with a merger, acquisition, restructuring, financing, sale of assets, or transfer to an affiliated or successor business.
41 - Severability
If a provision is found unlawful or unenforceable, it will be modified only to the minimum extent necessary to make it enforceable.
If modification is not possible, the provision will be severed.
The remaining provisions will continue in effect.
42 - No Waiver
Failure to enforce a provision does not waive the right to enforce it later.
A waiver is effective only when made in writing by an authorized representative of Pivotal.
43 - Entire Agreement
These Terms, the Privacy Policy, applicable purchase terms, and any signed service agreement form the entire agreement concerning the applicable Services.
They replace prior discussions or communications about those Services, except for fraudulent representations or obligations that cannot lawfully be excluded.
44 - Interpretation
Headings are provided for convenience and do not limit the meaning of a provision.
“Include” and “including” mean without limitation.
If these Terms are presented in more than one language, the English version controls unless applicable law requires otherwise.
45 - Contact
Questions about these Terms may be sent to:
Pivotal Digital Partners
Legal entity: Pivotal Digital Partners LLC
Upper Merion Township, Pennsylvania
Email: support@growwithpivotal.com
Website: www.growwithpivotal.com