Terms and Conditions of Use
Please read this screen before using propivotal.com and/or mypropivotal.com hereafter the "The Websites". By continuing to use The Websites, you agree to abide by these usage rules.
Our Representations and Warranties
The Website's Content and Information
Material on The Websites is available "as is." We warrant neither that access to The Websites will be uninterrupted nor that information appearing thereon will be error-free. There may be delays, omissions, interruptions and/or inaccuracies in the information or other materials available through The Websites. We do not make any warranties, express or implied, including without limitation,those of merchantability and fitness for a particular purpose, with respect to The Websites or any information or goods or services that are available on The Websites. We do not make any representations, nor do we endorse the accuracy, completeness, timeliness or reliability of any statement or other material or database displayed, uploaded or distributed in The Websites or available through links from The Websites. We reserve the right to correct any errors or omissions appearing on The Websites. Although we intend to take reasonable steps to prevent the introduction of viruses, worms, "Trojan horses" or other destructive materials on The Websites, we do not guarantee or warrant that The Websites or materials that may be downloaded from The Websites do not contain such destructive features. We are not liable for any damages or harm attributable to such features. If you rely on The Websites and any materials available through The Websites, you do so solely at your own risk.
Electronic Commerce
From time to time we may offer users of the Websites the opportunity to purchase goods and services via the Internet. While we will take reasonable security precautions concerning electronic transmission of data or communications, we disclaim any liability for interception of such data or communications. You agree that we shall not be under a duty to inquire as to the authority or propriety of any information or instructions given to us by you and we shall be entitled to act upon any such information or instructions, and we will not be liable for any loss, cost, expense or other liability arising out of any such instructions.
Limit on Our Liability
ProPivotal, Inc., its officers, directors, shareholders, subsidiaries, affiliates, agents, or licensers are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including lost revenues or profits, loss of business or loss of data, in any way related to this service or for any claim, loss or injury based on errors or omissions, interruptions or any other inaccuracies appearing on The Websites (including without limitation as a result of breach of any warranty or other term of this Agreement). Any claim against us shall be limited to the amount you paid, if any, to us for use of the Websites.
You agree to indemnify and hold ProPivotal, Inc., its directors, officers, employees, agents and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and expenses) arising out of or relating to (a) your use of this Website; (b) any alleged breach of these Terms and Conditions of Use.
Limited License
The Websites are for your personal and noncommercial use. Except as otherwise expressly provided, you may not modify, copy, distribute, transmit, display, perform, reproduce, use, publish, license, create derivative works from, transfer or sell any information or content contained in The Websites. You are granted a non-exclusive, non-assignable and non-transferable license to use this system only under these Terms and Conditions of Use.
This license is not a sale of any of the owner's rights. The Websites may be used only by you, and you may not rent, lend, sub-license or transfer The Website or any data residing on it or any of your rights under this agreement to anyone else. You may not develop or derive for commercial sale any data in machine-readable or other form that incorporates or uses any substantial part of The Websites. You may not transfer to or store any data residing or exchanged over The Websites in any electronic network for use by more than one user unless you obtain prior written permission from ProPivotal, Inc.
Given the nature of these terms, you understand and agree that, in addition to money damages, ProPivotal, Inc. will be entitled to equitable relief upon a breach of them by you.
Entire Agreement
We intend that these Terms and Conditions of Use constitute the entire agreement between ProPivotal, Inc. and you. Any changes to these Terms and Conditions of Use between ProPivotal, Inc. and you must be in writing and signed by both parties.
Future Access
We may, in our sole discretion, terminate or suspend your access to all or part of this service for any reason, including failure to comply with these usage rules. Access to The Websites is currently free. We reserve the right to charge for such access in the future, to change the Usage Rules or to modify any features of The Websites at any time.
Governing Laws
The Terms and Conditions of Use shall be governed by the laws of the United States of America and the Commonwealth of Massachusetts.
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