TERMS & USE / PRIVACY POLICY / DISCLAIMER

Welcome to Pivot Image Consulting.

I’m glad you’re here. Let's lay out a few things…

Don't steal my stuff. Don't copy my website. Don't be an ass.

But most of all, enjoy.

I will never misuse any info you give me. This business was built on the privacy of my clients and I always respect that from emails to images and every interaction between. 

Here's a lawyer to translate all that and add some stuff…

-Patrick 

These terms and conditions outline the rules and regulations for the use of Pivot Image Consulting's Website. (Revised February 4th, 2019)


Overview

By accessing this website you accept these terms and conditions in full. Do not continue to use Pivot Image Consulting's website if you do not accept all of the terms and conditions stated on this page.

The following terminology applies to these Terms and Conditions, Privacy Statement and Disclaimer Notice and any or all Agreements: "Client", “You” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. "The Company", “Ourselves”, “We”, “Our” and "Us", refers to our Company, Pivot Image Consulting, PivotImage.com, and Patrick Kenger. “Party”, “Parties”, or “Us”, refers to both the Client and ourselves, or either the Client or ourselves. All terms refer to the offer, acceptance and consideration of payment necessary to undertake the process of our assistance to the Client in the most appropriate manner, whether by formal meetings of a fixed duration, or any other means, for the express purpose of meeting the Client’s needs in respect of provision of the Company’s stated services/products, in accordance with and subject to, prevailing law of United States. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.

Pivot Image Consulting and Pivotimage.com makes no representation or warranty that the information provided, regardless of its source, is accurate, complete, reliable, current, or error-free. We disclaim all liability for any inaccuracy or incompleteness.

Disclosure

Pivot Image Consulting and Patrick Kenger can not and does not make any guarantees about your ability to get results with our ideas, information, or strategies. We give you a 30-day 100% satisfaction guarantee on the products we sell, so if you are not happy for any reason with the quality just ask for your money back. All products and services by our company are for personal informational purposes only. Nothing on this page, any of our websites, or any of our content or curriculum is a promise or guarantee of results and we do not offer any legal, medical, tax or other professional advice. Always consult your medical professional or professional advisor before acting on this or any information related to a lifestyle change. You alone are responsible for your decisions, actions and results. By visiting our site or registering for any service or product, you agree not to attempt to hold us liable for any decision, action or result, at any time, under any circumstance.

Affiliate Disclosure

Occasionally, products may be sold through this site and through emails either directly or from third parties. 

Cookies

We employ the use of cookies. By using Pivot Image Consulting's website you consent to the use of cookies in accordance with Pivot Image Consulting’s privacy policy.

Most of the modern day interactive web sites use cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate / advertising partners may also use cookies. 

We only share individual data internally and with our email server. The individual data that is collected is only used to provide a better experience for the user. No information is collected that is beyond the scope of necessary, basic information.

License

Unless otherwise stated, Pivot Image Consulting and/or it’s licensors own the intellectual property rights for all material on Pivot Image Consulting All intellectual property rights are reserved. You may view and/or print pages from http://pivotimage.com for your own personal use subject to restrictions set in these terms and conditions.

You must not:

Republish material from http://pivotimage.com
Sell, rent or sub-license material from http://pivotimage.com
Reproduce, duplicate or copy material from http://pivotimage.com
Redistribute content from Pivot Image Consulting (unless content is specifically made for redistribution).

Lawful Purpose

You may use the Site and Service for lawful purposes. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the pivotimage.com. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.

Refusal of Service

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Amendment Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time.

User Comments

Certain parts of this website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments') in areas of the website. Pivot Image Consulting does not screen, edit, publish or review Comments prior to their appearance on the website and Comments do not reflect the views or opinions of Pivot Image Consulting, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Pivot Image Consulting shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this website.
Pivot Image Consulting reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our website and have all necessary licenses and consents to do so;
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;
The Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Pivot Image Consulting a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content

The following organizations may link to our Web site without prior written approval:

Government agencies;
Search engines;
News organizations;
Online directory distributors when they list us in the directory may link to our Web site in the same manner as they hyperlink to the Web sites of other listed businesses; and
Systemwide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party's site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
dot.com community sites;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
internet portals;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that: (a) the link would not reflect unfavorably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link); (b)the organization does not have an unsatisfactory record with us; (c) the benefit to us from the visibility associated with the hyperlink outweighs the absence of Pivot Image Consulting; and (d) where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.

These organizations may link to our home page, to publications or to other Web site information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and it products or services; and (c) fits within the context of the linking party's site.

If you are among the organizations listed in paragraph 2 above and are interested in linking to our website, you must notify us by sending an e-mail to hello@pivotimage.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Web site, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.

Approved organizations may hyperlink to our Web site as follows:

By use of our corporate name; or
By use of the uniform resource locator (Web address) being linked to; or
By use of any other description of our Web site or material being linked to that makes sense within the context and format of content on the linking party's site.

Iframes

Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Web site.

Reservation of Rights

We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Web site. You agree to immediately remove all links to our Web site upon such request. We also reserve the right to amend these terms and conditions and its linking policy at any time. By continuing to link to our Web site, you agree to be bound to and abide by these linking terms and conditions.

Removal of links from our website

If you find any link on our Web site or any linked web site objectionable for any reason, you may contact us about this.

Whilst we endeavour to ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the website remains available or that the material on the website is kept up to date.

Extended Disclaimer

To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website and our services (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:

limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and exclusions of liability set out in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

We will not be liable for any loss or damage of any nature.

Limitation of Liability

You agree that under no circumstances shall Pivot Image Consulting be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Pivot Image is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. In no event shall Pivot Image Consulting’s cumulative liability to you exceed the total purchase price of the service you have purchased from site, and if no purchase has been made by you, our liability shall not exceed $100.00 US dollars.

Litigation Expenses

If legal action or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in the action or proceeding.

Governing Law

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Arizona as applied to contracts that are executed and performed in Arizona. The arbitration or court proceeding based on or arising out of this Agreement shall be held in Maricopa Country, Arizona. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration, or other legal proceedings. 

Third Party Links

You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation from our site. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Credit & Contact Information

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