Terms of Use

Last Modified Jan. 11, 2022

1. BINDING EFFECT. This is a binding agreement. By using the Internet site located at https://www.pivotalretention.com (herein referred to as “Site”) or any services provided in connection to the Site (herein referred to as “Services”), you agree to abide by these Terms of Use. These Terms of Use may be amended by Pivotal Retention, LLC. Pivotal Retention, LLC will present a notice on the Site whenever these Terms of Use have been amended or changed in any way.

2. PRIVACY POLICY. Pivotal Retention, LLC respects your privacy and permits you to control the treatment of your personal information. Pivotal Retention, LLC’s complete, current privacy policy can be found through the “Privacy Policy” link in the footer of this page, or by visiting https://www.pivotalretention.com/p/privacypolicy. Pivotal Retention, LLC’s privacy policy is expressly incorporated into these Terms of Use by this reference.

3. GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the United States and the State of Delaware, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Dover, Delaware in all disputes arising out of or related to the use of the Site.

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.

8. INAPPROPRIATE CONTENT. You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertises or otherwise solicits funds or is a solicitation for goods or services. Pivotal Retention, LLC reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Service, and, if applicable, to delete any such material from its servers. Pivotal Retention, LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.

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.

10. ALLEGED VIOLATIONS. Pivotal Retention, LLC reserves the right to terminate your use of the Site and/or its Services. To ensure that Pivotal Retention, LLC provides a high-quality experience for you and for other users of the Site and its Services, you agree that Pivotal Retention, LLC or its representatives may access your account and records on a case-by-case basis to investigate complaints or allegations of abuse, infringement of third-party rights, or other unauthorized uses of the Site or its Services. Pivotal Retention, LLC does not intend to disclose the existence or occurrence of such an investigation unless required by law, but Pivotal Retention, LLC reserves the right to terminate your account or your access to the Site immediately, with or without notice to you, and without liability to you, if Pivotal Retention, LLC believes that you have violated any of the Terms of Use, furnished Pivotal Retention, LLC with false or misleading information, or interfered with use of the Site or its Services by others.

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.

13. AFFILIATED SITES. Pivotal Retention, LLC has no control over, and no liability for any third-party websites or materials. Pivotal Retention, LLC works with a number of partners and affiliates whose Internet sites may be linked with the Site or its Services. Because neither Pivotal Retention, LLC nor the Site and its Services has control over the content and performance of these partner and affiliate sites, Pivotal Retention, LLC makes no guarantees about the accuracy, currency, content, or quality of the information provided by such sites, and Pivotal Retention, LLC assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those sites. Similarly, from time to time in connection with your use of the Site or its Services, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that Pivotal Retention, LLC makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of this third-party content, and that, unless expressly provided otherwise, these Terms of Use shall govern your use of any and all third-party content.

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.

15. INDEMNITY. You agree to indemnify Pivotal Retention, LLC for certain of your acts and omissions. You agree to indemnify, defend, and hold harmless Pivotal Retention, LLC, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site or its Services, your violation of these Terms of Use, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. Pivotal Retention, LLC will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

17. SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

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.