Last Modified Jan. 11, 2022
4. AGE. The site is intended only for users aged 13 or older. Individuals under the age of 13 are strictly prohibited from using the site and the accounts for any such person shall be terminated upon discovery.
5. USE OF SOFTWARE. Pivotal Retention, LLC may make certain software available to you from the Site. If you download software from the Site, the software, including all files and images contained in or generated by the software, and accompanying data (herein referred to collectively as “Software”) are deemed to be licensed to you by Pivotal Retention, LLC, for your use in relation to the Site and its Services only. Pivotal Retention, LLC does not transfer either the title or the intellectual property rights to the Software, and Pivotal Retention, LLC retains full and complete title to the Software as well as all intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form. All trademarks and logos are owned by Pivotal Retention, LLC or its licensors and you may not copy or use them in any manner.
6. USER CONTENT. You grant Pivotal Retention, LLC a license to use the materials you post to the Site or its Services. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (herein referred to as “User Content”) to the Site or its Services, you are granting Pivotal Retention, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives a license to use User Content in connection with the operation of the Internet business of Pivotal Retention, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat User Content. You will not be compensated for any User Content. You agree that Pivotal Retention, LLC may publish or otherwise disclose your name in connection with your User Content. By posting User Content on the Site or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content.
7. COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS. When accessing the Site or using its Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services and the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (herein referred to collectively as “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights caused by any Content you provide or transmit, or that is provided or transmitted using your Site account. The burden of proving that any Content does not violate any laws or third-party rights rests solely with you.
9. COPYRIGHT INFRINGEMENT. Pivotal Retention, LLC has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Site or its Services. Please visit our DMCA Policy link in the footer of this page, or by visiting https://www.pivotalretention.com/p/dmca, to view our Digital Millennium Copyright Act takedown policies and to make a claim of infringement. Pivotal Retention, LLC’s DMCA Policy is expressly incorporated into this Agreement by this reference.
11. NO WARRANTIES. Pivotal Retention, LLC hereby disclaims all warranties. Pivotal Retention, LLC is making the Site and its Services available “as is” without warranty of any kind. You assume the risk of any and all damage or loss from use of, or inability to use, the Site or its Services. To the maximum extent permitted by the law, Pivotal Retention, LLC expressly disclaims any and all warranties, express or implied, regarding the Site and its Services, including, but not limited to, any implied warranties of merchantability, fitness for a particular purpose, or noninfringement. Pivotal Retention, LLC does not warrant that the Site or its Services will meet your requirements or that the operation of the Site or its Services will be uninterrupted or error-free.
12. LIMITED LIABILITY. Tyrn LLC’s liability to you is limited. To the maximum extent permitted by law, in no event shall Tyrn LLC be liable for damages of any kind (including, but not limited to, special, incidental, or consequential damages, lost profits, or lost data, regardless of the foreseeability of those damages) arising out of or in connection with your use of the Site or its Services or any other materials provided to you by Pivotal Retention, LLC. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.
14. PROHIBITED USES. Pivotal Retention, LLC imposes certain restrictions on your permissible use of the Site and its Services. You are prohibited from violating or attempting to violate any security features of the Site or its Services, including, without limitation, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Services, the Site, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to the Site or its Services, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Site or its Services to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by Pivotal Retention, LLC in providing the Site or its Services. Any violation of system or network security may subject you to civil and/or criminal liability.
16. COPYRIGHT. All contents of the Site and its Services are: © 2022 Pivotal Retention, LLC. All rights reserved.
18. NO LICENSE. Nothing contained on the Site or its Services should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Pivotal Retention, LLC or by any third party.
19. AMENDMENTS. Pivotal Retention, LLC reserves the right to amend these Terms. Should Pivotal Retention, LLC seek to make such an amendment and we, in our sole discretion, consider the amendment to be material in nature, we shall: (a) Clearly publish on the home page the fact an amendment is being made. You may contact us to discuss and contact information so you may discuss the proposed changes with us. Should a court of competent jurisdiction rule this Amendment provision invalid, then this Amendment clause shall be terminated as part of this agreement with the agreement between us reverting to the previous set of terms applicable to the website. All amendments to the Terms shall be forward looking.