Welcome to www.pivotfurniture.com (the "Website"). The Website is operated by Pivot Furniture Technologies Inc. ("Pivot", "we", "us" or "our"). Pivot provides the Website, including all subscriptions, information, tools, products and services available from the Website to you (collectively, the "Services"), the user, conditioned on your acceptance of all terms and conditions contained herein including those incorporated herein by reference (collectively, the "Terms and Conditions").
BY VISITING THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. Please read the Terms and Conditions before accessing or using the Website or the Services. If you do not agree to all the Terms and Conditions then you may not access the Website or use the Services.
You can review the current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and/or the Services following the posting of any changes constitutes acceptance of any changes to the Terms and Conditions.
THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH HEREIN, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.
By using the Services, you consent to receiving electronic communications from Pivot, including, but not limited to, communications related to: (i) your Pivot Account (as defined below in these Terms and Conditions), including notices or communications in connection with the application, maintenance, change or renewal of your Pivot Account; and (ii) any disclosure statement required by federal or provincial law including any disclosures required by cost of credit, consumer protection or sales of goods legislation.
You agree to promptly update your contact information, if it changes, through your online account or by contacting us at email@example.com.
All electronic communications from Pivot to you shall be considered to be in writing. YOU AGREE THAT ALL AGREEMENTS, NOTICES, MESSAGES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENTS THAT SUCH COMMUNICATION(S) BE IN WRITING.
All content included in or made available through the Website or the Services (including all text, graphics, user/visual interfaces, logos, button icons, images, artwork, audio, downloads, data, computer code and software) is owned, controlled or licensed by Pivot, and is protected by copyright laws and other intellectual property rights.
Except as explicitly provided in these Terms and Conditions, no part of the Website or the Services or any content included therein may be copied, reproduced, published, displayed publicly, transmitted or distributed in any way or through any medium, without Pivot's prior written consent.
Subject to your compliance with these Terms and Conditions and your payment of any required fees, Pivot grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make use of the Services and the Website. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Pivot. You may use the Services and the Website only as permitted by the Terms and Conditions and by all applicable laws. The licence granted by us to you terminates immediately if you do not comply with these Terms and Conditions.
You need an account to use the Services (a "Pivot Account"). A Pivot Account allows you to subscribe for furniture from Pivot.
The following terms and conditions are applicable to all Pivot Accounts:
To subscribe for furniture from Pivot you must have a Pivot Account and you must agree to the terms of a furniture subscription agreement (the "Subscription Agreement"). You must carefully review, understand, and consent to the terms of the Subscription Agreement prior to your acceptance of the Subscription Agreement and prior to subscribing for furniture. The Subscription Agreement may be provided to you in electronic format and you hereby consent to delivery of the Subscription Agreement in electronic format.
The terms and conditions contained in the Subscription Agreement are hereby incorporated into and made a part of these Terms and Conditions.
The subscription agreement will be presented on checkout or under My Account > Profile for existing customers.
Provided you qualify, you may obtain PivotCare for your subscribed furniture. The terms and conditions of PivotCare are here.
Retail prices displayed on the Website are the suggested retail prices of products as provided by Pivot or a manufacturer, supplier or seller.
Monthly subscription prices are determined by Pivot in its sole discretion and, subject to the terms of any Subscription Agreement, may be changed by Pivot at any time and from time to time in Pivot's sole discretion.
All payments may be made by credit cards or any other method of payment accepted by Pivot, which is subject to change from time to time.
Pivot attempts to be as accurate as possible in describing the products and services offered through the Website. However, Pivot does not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. If an item offered by Pivot is not as described, your sole remedy is to return the item to Pivot.
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED BY PIVOT ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIVOT MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THE WEBSITE). YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMITTED BY LAW, PIVOT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PIVOT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PIVOT FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.
PIVOT DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THE WEBSITE); ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PIVOT ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES. PIVOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE WEBSITE (INCLUDING ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR THE WEBSITE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
Pivot reserves the right to do any of the following, at any time, without notice: (1) to change, suspend or terminate operation of or access to the Website, or any part of the Website, for any reason; (2) to change any policies, terms or conditions; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Pivot does not guarantee that your use of the Website or the Services will be uninterrupted, timely, secure or error-free.
Except where prohibited by law, in no event will Pivot, our directors, officers, employees, shareholders, agents or affiliates, be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising from your use of the Website or the Services, even if Pivot has been made aware of the possibility of such damages.
If, notwithstanding the other provisions of these Terms and Conditions, Pivot is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or the Services, Pivot's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the twelve months prior to the date of the initial claim made against Pivot, and (2) $500.00. In jurisdictions that do not allow limitations of liability, this limitation may not apply to you.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PIVOT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING LEGAL FEES), MADE AGAINST PIVOT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.
You agree that Pivot may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your access to the Website if we determine that you have violated these Terms and Conditions. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pivot, for which monetary damages would be inadequate, and you consent to Pivot obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pivot may have at law or in equity.
If Pivot does take any legal action against you as a result of your violation of these Terms and Conditions, Pivot will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Pivot. You agree that Pivot will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions.
Pivot may disclose any of your information if we determine it is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Pivot's rights or property, or the rights or property of visitors to or users of the Website.
The validity, interpretation, construction, and performance of these Terms and Conditions shall be governed exclusively by the laws of Saskatchewan and the federal laws of Canada applicable therein.
EXCEPT WHERE PROHIBITED BY LAW, YOU AND PIVOT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (INCLUDING BEFORE A JURY) OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.
Except where prohibited by law, any claim or dispute arising out of, relating to, or regarding your Pivot Account and these Terms and Conditions, including their validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms and Conditions (a "Dispute"), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered in accordance with The Arbitration Act, 1992 (Saskatchewan). The arbitration shall take place in Saskatoon, Saskatchewan, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. There shall be no right to appeal any award or decision of the arbitrator. A party to these Terms and Conditions may take such steps as are required to enforce an award made by an arbitrator. The existence of the arbitration and any element of the arbitration, including any award or decision, shall be completely confidential.
ANY CLAIM UNDER THESE TERMS AND CONDITIONS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. No recovery may be sought for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees.
No Partnership or Joint Venture
Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between Pivot and you (or any other party), constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.
In the event that any provision in these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions and replaced with a valid provision that best embodies the intent of the severed provision so that the Terms and Conditions shall remain in full force and effect.
Pivot's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, nor shall any conduct by Pivot be deemed to modify or waive any provision of these Terms and Conditions.
The provisions of these Terms and Conditions, which by their nature should survive termination of your use of the Services, will survive termination of your use of the Services.
Pivot operates the Website and offers the Services from its location in Saskatoon, Saskatchewan. Although the Website may be accessed from anywhere in the world, the Services may not be available to all persons or in all geographic locations. Pivot reserves the right to limit, in its sole discretion, the Services to any persons or to any geographic area. Any aspect of the Services is void where prohibited.
Questions about the Terms and Conditions should be sent to our Legal Department at firstname.lastname@example.org.