Pivot3 Inc. (“Pivot3″ “we,” or “us,”) provides the website available at the domain name www.pivot3.com (the “Website”) and certain services made available to registered users of the Website (“Services”). Pivot3 grants you the right to use the Services subject to these terms and conditions of use (“Terms of Use”). PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS OF USE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS OF USE, YOU MAY NOT ACCESS OR USE THIS WEBSITE.

  1. Description of Services; Intellectual Property. The Website provides materials (such as white papers and other informational materials) for the convenience of registered users of the Website (the “Site Content”). Such Site Content is owned by Pivot3 and/or its affiliates, partners, and/or licensors, and is protected by relevant intellectual property laws, including copyright laws. Subject to the terms and conditions of these Terms of Use, Pivot3 grants you a limited, revocable, non-sublicenseable license under the intellectual property rights licenseable by us, to download, view, copy, and print Site Content from the Website solely for your personal use. Without limiting anything herein, the Site Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and Pivot3. In addition and without limiting the foregoing, all trademarks, service marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Website are the property of Pivot3 and/or its affiliates, partners, licensors and/or licensees. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.
  2. Privacy. Use of the Website, the Services, and the Site Content is governed by our Privacy Policy available at http://www.pivot3.com/privacy.htm, which is hereby incorporated by reference. If you use the Website, the Services, and/or the Site Content, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Website, the Services, and/or the Site Content.
  3. Third-Party Content. The Website, the Services, and the Site Content may contain links to third-party websites (?Third-Party Websites?) placed by us as a service to those interested in this information. You use all such links to Third-Party Websites at your own risk. We do not monitor or have any control over, and make no claim or representation regarding, Third-Party Websites. We include such links only as a convenience to our registered users, and inclusion of such links does not imply our endorsement, adoption, or sponsorship of, or affiliation with, such Third-Party Website. We accept no responsibility for reviewing changes or updates to, or the quality, content, policies, nature, or reliability of Third-Party Websites, or websites linking to the Website. When you leave the Website, our terms and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Website.
  4. Warranty Disclaimer. You expressly agree that use of the Website, the Services, AND THE SITE CONTENT is at your own sole risk. The Website, the Services, AND THE SITE CONTENT are provided on an ?as is? and ?as available? basis. PIVOT3 expressly disclaims all warranties of any kind, whether express, implied, or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular use or purpose, TITLE, and non-infringement. PIVOT3 makes no warranty that the WEBSITE, services, OR SITE CONTENT will meet your requirements, or that YOUR USE OF THE WEBSITE, services, OR SITE CONTENT will be uninterrupted, timely, secure, or error free. PIVOT3 does not warrant, guarantee, or make any representations regarding the use or the results of the use of the services with respect to performance, accuracy, reliability, security capability, currentness or otherwise. The entire risk as to satisfactory quality, performance, accuracy, efforts and results to be obtained through the use of the WEBsite, the services, OR THE SITE CONTENT is with you. No advice or information, whether oral or written, obtained by you from PIVOT3 or through the services shall create any warranty not expressly made herein.
  5. Limitation of Liability. YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL PIVOT3 OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITE, THE SERVICES, or the site content, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. The parties acknowledge that the terms of this Section reflect the allocation of risk set forth in this Agreement and that the parties would not enter into this Agreement without these limitations of liability. The aggregate liability of PIVOT3 to you for all claims arising from or related to the Website, the Services, or the site content is limited to one hundred dollars ($100).
  6. Modification of Site Content. Pivot3 reserves the right, at any time, to modify the Site Content or to modify, suspend, or discontinue the Website or Services or any part thereof with or without notice. You agree that Pivot3 will not be liable to you or to any third party for any modification of the Site Content or modification, suspension, or discontinuation of the Website or Services.
  7. Amendment. Pivot3 may amend, supplement, or modify these Terms of Use from time to time by posting the amended Terms of Use on the Website, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Website and/or the Services. Continued use of the Website or Services following notice of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Terms of Use, inclusive of such changes.
  8. Term. These Terms of Use shall remain in full force and effect while you use the Services. Sections 1 through 9 will survive termination of these Terms of Use for any reason.
  9. General Provisions. These Terms of Use and the relationship between you and Pivot3 shall be governed by the laws of the State of Texas, U.S.A., without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by, any federal or state court located in Travis County. Pivot3 may provide you with notices, including those regarding changes to these Terms of Use, by email or by posting changes on the Website. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and that the other provisions of these Terms of Use remain in full force and effect. The Terms of Use constitutes the entire, exclusive and final statement of the agreement between you and Pivot3 with respect to the subject matter herein, superseding any prior agreements or negotiations between you and Pivot3 with respect to the Services.