1. USER SUPPLIED CONTENT

The Service is a privately owned interactive platform that allows you and other users of the Service (among other activities) to post and read reviews, rankings, ratings and recommendations of professionals. You are entirely responsible for all information, advice, files, links, communications or other materials posted by you to or through the Service (“User-Supplied Content”). You agree not to post or transmit any User-Supplied Content that infringe a third party’s rights, including without limitation any privacy, publicity or intellectual property rights, or that are unlawful, untrue, harassing, libelous, defamatory, abusive, potentially tortious, threatening, harmful (including but not limited to viruses, worms or similar software) or that is otherwise objectionable. You hereby warrant that:

• (a) you are not a family member or friend of a professional for whom you’re posting a comment, review or rating;
• (b) you have not received payment, credit or other compensation or inducement in exchange or in connection with posting that review;
• (c) you do not have a direct or indirect financial relationship with that professional beyond receiving service from that professional;
• (d) you have in fact received services from that professional.

If you register as a professional and are posting a peer recommendation, you warrant that

• (a) you have not received payment or other compensation of any kind in exchange or in connection with posting that recommendation; and
• (b) you do not have a direct or indirect financial relationship with that professional.

PIVOT.DO has the right to use, reproduce, display, modify, transmit, distribute, perform, display and delete the User-Supplied Content (in whole or in part) worldwide and/or to incorporate such User-Supplied Content in other works in any form, media or technology now known or later developed. You expressly acknowledge and agree that any User-Supplied Content is a public, not a private, communication, and PIVOT.DO has no confidentiality obligations with respect to any User-Supplied Content.

2. SERVICE CONTENT GENERALLY

You acknowledge and agree that all postings, messages, text, files, images, photos, video, sounds, or other materials (“Content”) posted on, transmitted through, or linked from the Service, are the sole responsibility of the person from whom such Content originated. PIVOT.DO shall have no liability either for the failure to receive any User-Supplied Content or for the removal of any User-Supplied Content. Any opinions, advice, statements, services, offers or other information or content expressed or made available by third parties, are those of the respective author(s) or distributor(s) and not of PIVOT.DO. PIVOT.DO neither endorses nor is responsible for the completeness, accuracy or reliability of any opinion, advice, information, or statement made on or in connection with the Service by anyone other than authorized PIVOT.DO employees acting in their official capacities.

You agree that you must evaluate, and bear all risks associated with, the use of any Content, that you may not rely on said Content, and that under no circumstances will PIVOT.DO be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content made available via the Service. You acknowledge that PIVOT.DO does not, either actively, or by any failure to act, pre-screen or approve Content, but that PIVOT.DO shall have the right (but not the obligation) in its sole discretion to refuse, delete (in whole or in part) or move any Content deemed harmful or offensive, or which violates the letter or spirit of these Terms of Use, or for any other reason.

3. TITLE TO CONTENT

The Content made available directly through the Service by PIVOT.DO or third parties is the property of PIVOT.DO, its licensors and its advertisers. Title, ownership rights and intellectual property rights in and to such Content are the property of either PIVOT.DO or third-party content owners and copyright holders and is protected by applicable copyright and other law. Other than as expressly provided herein, this Agreement gives you no express or implied license to the Content, including without limitation, any right to use, sell, rent, copy, distribute, broadcast, modify, perform or publicly display any Content.

PIVOT.DO complies with copyright law and expects its users to do the same. You may not use the Service to help you infringe the copyrights of any third party. Unauthorized use, copying, distribution, modification, public display, or public performance of copyrighted works is an infringement of the copyright holders’ rights and a violation of the law. You agree that you shall only use the Service in a manner that does not violate any third-party rights and that complies with all applicable laws in the jurisdiction in which you use the Service, including, but not limited to, applicable restrictions concerning copyrights and other intellectual property rights.

4. REGISTRATION, PRIVACY POLICY & COMMUNICATION

You agree to provide true, accurate, current and complete information about yourself as prompted by the registration process (such information being the “Account Information”). You agree to update your Account Information in order to keep such information current. During the registration process to use the Service, you will create a password and a user name. You are solely and entirely responsible for maintaining the confidentiality of your password and user name. Furthermore, you are solely and entirely responsible for any and all activities that occur under your account. You are over the age of 13.

Any information that you supply to us will be governed by the terms and conditions of PIVOT.DO’s Privacy Policy, as it may be updated from time to time by us. You acknowledge and agree that PIVOT.DO may, in its sole discretion, preserve or disclose your User-Supplied Content, as well as your Account Information, including, by way of example, email addresses, IP addresses, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to comply with legal process, enforce these Terms of Use, respond to claims that any Content violates the rights of third parties, or protect the interests of PIVOT.DO, its personnel, its users or the general public.

YOU EXPRESSLY AGREE THAT PIVOT.DO MAY FROM TIME TO TIME COMMUNICATE WITH YOU BY EMAIL OR TELEFACSIMILE, UNLESS YOU AFFIRMATIVELY OPT OUT OF RECEIVING SUCH COMMUNICATIONS BY SO INFORMING PIVOT.DO VIA EMAIL. If you have a free practice listing on PIVOT.DO, or if your paid listing on PIVOT.DO has expired, PIVOT.DO may remove your listing at any time, as it is under no obligation to promote your business.

5. CONDUCT

In addition to any other obligations you have under these Terms of Use, including without limitation, the obligations stated in Sections 1 through 4, inclusive, you agree not to:

• (a) Register with PIVOT.DO, providing any personal information if you are under the age of 13 without specific, written approval of a parent or guardian and acceptance thereof by PIVOT.DO also in writing.
• (b) link to or frame any elements of the Service in such a way as to obscure any PIVOT.DO content unless otherwise expressly authorized in writing by PIVOT.DO;
• (c) use the Service for any commercial or illegal purpose;
• (d) use the Service to invade the privacy of, or obtain personal information about, any Service account holder or user, or to obtain a list of Service account holders or users;
• (e) copy, modify, erase or damage any information contained on computer servers used or controlled by PIVOT.DO or any third party used in connection with the Service or the services provided through the Service;
• (f) use the Service to violate any legal right of any third party, including any publicity or privacy right, copyright or other intellectual property right, or to take any action that is harassing, libelous, malicious, defamatory, abusive, potentially tortious, threatening, harmful, specifically intending to cause damage to reputation or otherwise objectionable;
• (g) use any data mining, robots, or similar data gathering and or extraction tools in connection with the Service except for the sole purpose of indexing the Service for publicly-available internet search engines or non-commercial public archives;
• (h) use the Service to post, transmit, or link to any unsolicited advertising, promotional, or commercial materials;
• (i) access or use any password protected, secure or non-public areas of the Service except as specifically authorized in writing by PIVOT.DO (unauthorized individuals attempting to access these areas of the Service may be subject to prosecution);
• (j) “spider”, page-scrape or use any bot or automated access mechanism to access any PIVOT.DO information;
• (k) “hack” or attempt to gain unauthorized access to any part of PIVOT.DO;
• (l) scan or test the vulnerability of, or try to breach the security systems or authentication measures or generally attempt to bypass security of PIVOT.DO;
• (m) impose an unreasonable or disproportionally large load on PIVOT.DO or the systems it is connected to or runs on;
• (n) no manipulation of TCP/UDP streams or any bit-level manipulation of information directed to or coming from PIVOT.DO;
• (o) engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Service; or
• (p) impersonate or misrepresent your affiliation with any person or entity.

Professionals and anyone acting on behalf of a professional are specifically prohibited from:

• (a) posting unsubstantiated, negative reviews about other professionals,
• (b) using PIVOT.DO’s member systems for any purpose whatsoever, or
• (c) creating a new listing for any professional whose listing has been removed or suspended by PIVOT.DO.

You agree to indemnify and hold PIVOT.DO and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to:

• (a) your violation of these Terms of Use;
• (b) your violation of any law, regulation or third-party right; or
• (c) if a third party has a business or personal relationship with you, any alleged or actual damage to such third party’s interests or rights resulting directly or indirectly from any alleged or actual damage to your professional or personal reputation, your business or any other interest of yours, by any Content or any action or inaction of PIVOT.DO.

6. LINKED ENTITIES

The Service contains links through advertising and otherwise, to various third party web sites and other resources (“Linked Entities”). These Linked Entities are not under the control of PIVOT.DO and PIVOT.DO is not responsible or liable for the content, communications or materials of any Linked Entities. PIVOT.DO is providing these links to you as a convenience only. The inclusion of any link does not imply endorsement by PIVOT.DO of the Linked Entity or any association with its operators. You are responsible for adhering to the applicable terms of service for any Linked Entity. You are solely responsible and liable for any interactions you may have with such entities, their sponsors and other third parties.

7. MODIFICATIONS TO THE SERVICE

You acknowledge and agree that PIVOT.DO may modify, suspend, or discontinue the Service at any time without notice and may discontinue any PIVOT.DO web site at any time without notice and shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

8. TERMINATION

You acknowledge and agree that PIVOT.DO shall have the right, in its sole discretion, to terminate your use of the Service if you fail to comply with the letter or the spirit of these Terms of Use. No notice shall be required from PIVOT.DO to make such termination effective. In addition, PIVOT.DO reserves the right to discontinue your access to the Service at any time for any reason, and with or without notice.

9. COPYRIGHT INFRINGEMENT

PIVOT.DO may be required to disclose information to individuals asserting rights under the Digital Millennium Copyright Act, and you expressly authorize PIVOT.DO to comply with any and all lawful notices, subpoenas, court orders or warrants without prior notice to you.

PIVOT.DO will investigate notices of copyright infringement and take appropriate actions. If you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on or through the Service, please notify PIVOT.DO Compliance Team identified below. If you are not sure whether material available online infringes your copyright, we suggest that you first contact an attorney.

A notification of claimed infringement must be a written communication addressed to PIVOT.DO Compliance Team set forth below (the “Notice”), and must include the following:

• (a) A signature of the person authorized to act on behalf of the owner of the copyright interest that is alleged to have been infringed;
• (b) A description of the copyrighted work or works that you claim have been infringed, including their exact name (if any). The description and name should be in sufficient detail so that we can identify the work;
• (c) Specific identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a list of each copyrighted work claimed to have been infringed;
• (d) Information related to the work(s) reasonably sufficient for PIVOT.DO to promptly locate the work (e.g. title of work, specific URL or other location within the Service, etc.);
• (e) Information reasonably sufficient to permit PIVOT.DO to directly contact the complaining party, such as a complete name and address, telephone number, and an email address;
• (f) A statement requesting that PIVOT.DO take a specific act with respect to the alleged infringement (e.g., removal, access restricted or disabled);
• (g) Information sufficient to permit PIVOT.DO to contact you, such as your physical address, telephone number, and email address;
• (h) A statement by you that you have a good faith belief that the use of the material identified in your Notice in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
• (i) A statement by you that the information in your Notice is accurate and, under penalty of perjury that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pursuant to the Digital Millennium Copyright Act, PIVOT.DO will remove allegedly infringing material from the Service upon receipt of a notice which complies with the requirements of this section. If the allegedly infringing material is not hosted or stored on the server computers used or controlled by PIVOT.DO, but is nevertheless displayed or transmitted through the Service, PIVOT.DO will use its best efforts to remove allegedly infringing material from being displayed or transmitted through the Service upon receipt of a notice which complies with the requirements of this section.

If you receive a Notice and you believe that you have the right to display the allegedly infringing work, you may send PIVOT.DO a counter-notice pursuant to the Digital Millennium Copyright Act (a “Counter-Notice”). We will provide a copy of your Counter-Notice to the party that sent the Notice you are responding to.

A Counter-Notice must be a written communication addressed to the PIVOT.DO Compliance Team set forth below and include the following:

• (a) A signature of the person sending the Counter-Notice;
• (b) Identification of the work which was removed or disabled; and where such work was located on the Site(s) before it was removed or disabled;
• (c) A statement by you under penalty of perjury that you have a good faith belief that the work was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
• (d) Your name, address, and telephone number; and
• (e) If your address is in the United States, a statement that you consent to the jurisdiction of Federal District Court for the district in which your address is located, or if your address is outside of the United States, a statement that you consent to the jurisdiction of the Federal District Court located in San Diego, California, and that you will accept service of process from the person who sent the Notice.

To reach PIVOT.DO Compliance Team for Notice of claims of copyright infringement or counter-notifications:

PIVOT.DO, Inc.

10. THIRD PARTY DISPUTES

If there is a dispute between users of the Service, or between users of the Service and any third party, you understand and agree that PIVOT.DO is under no obligation to become involved. In the event that you have a dispute with one or more users of the Service, you hereby release Pivot.DO, its officers, employees, agents and successors from any claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Service. If you are a California resident, you waive California Civil Code Section 1542: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”

11. DISCLAIMER OF WARRANTY

THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE SERVICE OR ITS OPERATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Pivot.DO DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. USE OF THE SERVICE IS AT YOUR OWN RISK. Pivot.DO MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES Pivot.DO MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICE. Pivot.DO MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE.

12. LIMITATION OF LIABILITY

THE ENTIRE RISK ARISING OUT OF THE USE AND/OR PERFORMANCE OF THE SERVICE REMAINS WITH YOU. IN NO EVENT SHALL Pivot.DO, ITS LICENSORS OR CONTENT PROVIDERS OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR AFFILIATES BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR OTHER PECUNIARY LOSS) ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF OR INABILITY TO USE THE SERVICE OR ANY PART THEREOF, EVEN IF Pivot.DO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU, BUT THEY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.

13. INDEMNITY

You agree to indemnify and hold Pivot.DO and its parents, members, subsidiaries, affiliates, service providers, distributors, content providers, officers, directors and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to, or arising out of or related to:

• (a) your violation of these Terms of Use;
• (b) your violation of any law, regulation or third-party right; or
• (c) if a third party has a business or personal relationship with you, any alleged or actual damage to such third party’s interests or rights resulting directly or indirectly from any alleged or actual damage to your professional or personal reputation, your business or any other interest of yours, by any Content or any action or inaction of Pivot.DO.

14. MODIFICATION OF TERMS

Pivot.DO may modify these Terms of Use at any time in our sole discretion. If any modification is unacceptable to you, you agree that your only recourse is to immediately terminate your use of the Service. Your continued use of the Service following our posting of a change of terms notice or new Terms of Use on the Service, or an email to you providing notice of such change, will constitute your binding acceptance of the change.

YOUR ACCEPTANCE OF THESE TERMS OF USE INDICATES THAT YOU GIVE CONSENT TO Pivot.DO TO E-MAIL YOU WITH NOTICES CONCERNING MATERIAL CHANGES IN THESE TERMS OF USE OR THE SERVICE.

15. ARBITRATION, JURISDICTION & GOVERNING LAW

You and Pivot.DO agree that the exclusive remedy for all disputes and claims relating in any way to, or arising out of, these Terms of Use, the Service, or your use of the Service (including the arbitrability of any claim or dispute and the enforceability of this paragraph), or to any other alleged act or omission by you or Pivot.DO toward the other, shall be determined exclusively by final and binding arbitration. The arbitration shall be conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) before a panel of three arbitrators and conducted in San Diego, California. You and Pivot.DO also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

You and Pivot.DO may litigate in court only to compel arbitration under these Terms of Use or to confirm, modify, vacate or enter judgment on the award rendered by the arbitrators. To the extent that you have breached or have indicated your intention to breach these Terms of Use in any manner which violates or may violate Pivot.DO’s or any of its licensor’s intellectual property rights, or may cause continuing or irreparable harm to Pivot.DO (including, but not limited to, any breach that may impact Pivot.DO’s intellectual property rights), Pivot.DO may seek injunctive relief, or any other appropriate relief, in any court of competent jurisdiction.

You and Pivot.DO must commence an arbitration by filing a demand for arbitration with the AAA within ONE (1) YEAR after the date the party asserting the claim first knows or reasonably should know of the act, omission or default giving rise to the claim; and there shall be no right to any remedy for any claim not asserted within that time period. (If applicable law prohibits a one-year limitations period for asserting claims, the claim must be asserted within the shortest time period in excess of one year that is permitted by applicable law.)

To the fullest extent permitted by applicable law: no arbitration under these Terms of Use shall be joined to an arbitration involving any other current or former licensee of Pivot.DO, whether through class arbitration proceedings or otherwise; no finding or stipulation of fact in any other arbitration, judicial or similar proceeding may be given preclusive or collateral estoppel effect in any arbitration hereunder (unless determined in another proceeding between you and Pivot.DO); and no conclusion of law in any other arbitration may be given any weight in any arbitration hereunder (unless determined in another proceeding between you and Pivot.DO).

In any proceeding of any kind arising out of or otherwise related to the Service, the prevailing party will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals. Without limiting the generality of the foregoing, if you, contrary to these Terms of Use, attempt to bring suit or assert any other form of claim against Pivot.DO in any forum other than an arbitration in San Diego, California, you acknowledge that Pivot.DO may, in its discretion, challenge such forum’s jurisdiction over Pivot.DO, and that the prevailing party in such a jurisdictional proceeding will have the right to recover its costs and reasonable fees of attorneys, accountants and other professionals.

THESE TERMS OF USE SHALL BE GOVERNED BY THE LAWS OF THE STATE OF CALIFORNIA AND THE FEDERAL ARBITRATION ACT, WITHOUT REGARD TO CONFLICTS OF LAW PROVISIONS, AND YOU HEREBY CONSENT TO THE EXCLUSIVE JURISDICTION OF THE STATE AND FEDERAL COURTS SITTING IN SAN DIEGO,  CALIFORNIA. These Terms of Use will not be governed by the United Nations Convention of Contracts for the International Sale of Goods, and the application of thereof is hereby expressly excluded.

16. GENERAL

No delay or failure to take action under these Terms of Use shall constitute any waiver by Pivot.DO of any provision of this Agreement. These Terms of Use (including all documents expressly incorporated by reference) constitutes the complete and exclusive agreement between Pivot.DO and you with respect to the subject matter hereof and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, it is, to that extent, deemed omitted and the remaining provisions will continue in full force and effect. These Terms of Use will bind and inure to the benefit of each party’s permitted successors and assigns. The agreement embodied in these Terms of Use is personal to you and may not be transferred, assigned or delegated to anyone. Any attempt by you to assign, transfer or delegate your rights or obligations under these Terms of Use shall be null and void.

There are no refund for any services or products purchased under any circumstance. 

“Pivot” is a trademark of Pivot.DO, Inc. Any other names or designs may be trademarks of their respective owners.