Last Updated: October 22, 2019

Agreement between You and PIVIUM

The PIVIUM website (www.pivium.com) (the “Site”) is comprised of various web pages operated by PIVIUM (“PIVIUM” or “us” or “we” or “our”).   The following terms and conditions, along with the Privacy Policy and any documents expressly incorporated by reference, as well as any additional terms to which you agree when using particular elements of the Site, govern access to and use of the Site and set forth the legally binding terms governing your visit to the Site, including any content, functionality, and services offered on, through or in connection with the Site.  These Terms and Conditions apply to all persons who visit this Site (“Visitors”), regardless of your level of participation.

PLEASE READ OVER THESE TERMS AND CONDITIONS CAREFULLY. BY USING THIS SITE AND USING THE SITE IN ANY WAY, YOU REPRESENT THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS AND CONDITIONS OF USE (“TERMS AND CONDITIONS”) AND CORRESPONDING PRIVACY POLICY. IF YOU DO NOT AGREE AND DO NOT WISH TO BE BOUND BY THESE TERMS OF USE (OR ANY PART THEREOF), YOU MUST NOT ACCESS OR USE THE SITE.  YOU ALSO AFFIRM THAT YOU ARE EITHER MORE THAN 18 YEARS OF AGE, OR AN EMANCIPATED MINOR, OR POSSESS LEGAL PARENTAL OR GUARDIAN CONSENT, AND THAT YOU ARE FULLY ABLE AND COMPETENT TO ENTER INTO THE TERMS, CONDITIONS, OBLIGATIONS, AFFIRMATIONS, REPRESENTATIONS, AND WARRANTIES SET FORTH IN THESE TERMS AND CONDITIONS AND TO ABIDE BY AND COMPLY WITH THESE TERMS AND CONDITIONS.

1. Agreement

You agree that by accessing, or using any product, service, or other aspect of the Site, you are entering into a legally binding agreement (even if you are using our Site on behalf of a company). 

This “Agreement” includes these Terms and Conditions and the Privacy Policy, along with any other terms that may be displayed to you at the time you first use certain features, as may be amended by PIVIUM from time to time. If you do not agree to this Agreement, do not access or use the Site.

PIVIUM makes no representation that this Site is appropriate or available for use outside the United States.  If you choose to access the Site from outside the United States, you do so at your own initiative and are responsible for compliance with applicable laws.

2. Obligations

2.1. Site Eligibility

To use the Site, you agree that: (1) you must be the “Minimum Age” (defined below) or older and (2) you are not already restricted by PIVIUM from using the Site.

“Minimum Age” means (a) 18 years old for the People’s Republic of China, (b) 16 years old for the Netherlands, (c) 14 years old for the United States, Canada, Germany, Spain, Australia, and South Korea, and (d) 13 years old for all other countries. However, if law requires that you must be older in order for you to use this Site and permit PIVIUM to collect, store and use of your information, then the Minimum Age is such older age. The Site are not for use by anyone under the age of 13.

2.2 Notices and Service Messages

You’re okay with us using our website and email to provide you with important notices. Also, you agree certain additional information can be shared with us. If the contact information you provide isn’t up to date, you may miss out on these notices. You agree that we may provide notices to you in the following ways: (1) a banner notice on the Site, or (2) an email sent to an address you provided, or (3) through other means including telephone, or mail. 

3. Rights and Limits

3.1. Content and License Grant

All text, images, graphics, animation, videos, music, sounds, and other materials on this Site are subject to the copyrights and other intellectual property rights of PIVIUM and its licensors.  You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the materials. Except as expressly provided herein, PIVIUM does not grant any express or implied right to you under any patents, trademarks ,or copyrights.

You agree to only provide information and content that you have the right to share. As between you and PIVIUM, you own the content and information that you submit to the Site and you are only granting PIVIUM the following non-exclusive license: A worldwide, transferable, and sublicensable right to use, copy, modify, and process, information that you provide through our Site, without any further consent, notice and/or compensation to you or others. 

You agree that we may access, store and use any information that you provide in accordance with the terms of the Privacy Policy and your privacy settings.

You agree to only provide content or information if that does not violate the law nor anyone’s rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that information you submit will be truthful. PIVIUM may be required by law to remove certain information or content in certain countries.

3.2. Site Availability

We may change, suspend, or end this Site’s operation (or portions of it) without any notice to you.  Your use of this Site after any changes are posted will be considered acceptance of such changes.

3.3. Limits

PIVIUM reserves the right to limit your use of the Site, if PIVIUM believes that you may be in breach of this Agreement or law or are misusing the Site (e.g. violating Section 9).

PIVIUM reserves all of its intellectual property rights in the Site. For example, all trademarks, service marks, graphics, and logos used in connection with PIVIUM are trademarks or registered trademarks of PIVIUM. Other trademarks and logos used in connection with the Site may be the trademarks of their respective owners.

4. Responsibility for Content

4.1. Types of Content

The Site may contain interactive features (collectively, “Interactive Features”) that allow visitors and users to post, submit, publish, display, and transmit content or materials on or through the Site. You acknowledge that all Content is the sole responsibility of the party who contributed the content. This means that visitors and users, and not PIVIUM, are solely responsible for all content that they upload, post, e-mail, transmit, or otherwise make available (“Contribute”) through the Site.

4.2. No Obligation to Pre-Screen Content

You acknowledge that PIVIUM has no obligation to pre-screen user content before it is submitted to us. However, PIVIUM reserves the right in its sole discretion to pre-screen, reject, delete, or remove any content for any reason or no reason, including but not limited to circumstances where content (1) violates any applicable law or regulation, (2) violates any part of these Terms and Conditions, and/or (3) otherwise may potentially subject PIVIUM to liability.

5.  Indemnity and Hold Harmless

By using this Site, you agree that you will defend, indemnify, and hold harmless PIVIUM and its subsidiaries and affiliates, together with their respective employees, agents, directors, officers, shareholders, and/or members against all liabilities, claims, damages, and expenses (including reasonable attorneys’ fees and costs) arising out of your use of the Site, your breach of these Terms and Conditions, and/or your breach or alleged violation of the patent, copyright, trademark, proprietary or other rights of third parties.  PIVIUM reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and, in such case, you shall agree to cooperate with PIVIUM’s defense of such claim.

6.  Disclaimer and Limit of Liability

6.1. No Warranty

TO THE EXTENT ALLOWED UNDER LAW, PIVIUM (AND THOSE THAT PIVIUM WORKS WITH TO PROVIDE THE SITE) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SITE WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SITE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.

6.2. Exclusion of Liability

TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PIVIUM HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PIVIUM (AND THOSE THAT PIVIUM WORKS WITH TO PROVIDE THE SITE) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SITE (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE, OR CHANGES TO YOUR INFORMATION OR CONTENT).

IN NO EVENT SHALL THE LIABILITY OF PIVIUM (AND THOSE THAT PIVIUM WORKS WITH TO PROVIDE THE SITE) EXCEED U.S. $500.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PIVIUM AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PIVIUM HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.

7. Dispute Resolution

You agree that the laws of the State of Arizona, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Site. We both agree that all of these claims can only be litigated in the federal or state courts of Maricopa County, Arizona, USA, and we each agree to personal jurisdiction in those courts.

8. Miscellaneous

If a court with authority over these Terms and Conditions finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of these Terms and Conditions. 

These Terms and Conditions (including additional terms that may be provided by us when you engage with a feature of the Site) is the only agreement between us regarding the Site and supersedes all prior agreements for the Site.

If we don’t act to enforce a breach of these Terms and Conditions, that does not mean that PIVIUM waived its right to enforce these Terms and Conditions. 

You may not assign or transfer these Terms and Conditions (or your membership or use of the Site) to anyone without our consent. However, you agree that PIVIUM may assign these Terms and Conditions to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to these Terms and Conditions.

We reserve the right to change the terms of these Terms and Conditions and will provide you notice if we do and we agree that changes cannot be retroactive. If you don’t agree to these changes, you must stop using the Site.

You agree that the only way to provide us legal notice is at the addresses provided in Section 10.

9. User Code of Conduct

As a condition of use, you agree not to use the Site in any way or for any purpose that violates these Terms and Conditions and/or applicable laws and regulations. In addition, you agree that any and all content you post submit comply with these Terms and Conditions and with all applicable laws and regulations. You must not submit, display, transmit, or otherwise contribute any content on the Site that (i) is illegal or fraudulent, or encourages or promotes illegal or fraudulent activities; (ii) defames, harasses, abuses, discriminates against, intimidates, threatens, impersonates, or otherwise harms others, including other users; (iii) violates copyright, intellectual property, or privacy rights of others; (iv) promotes or contains patently offensive, obscene, violent, vulgar, pornographic, discriminatory, hateful, or libelous subject matter or material; or (v) advertises or sells a product or service. In addition, you must not allow others to post, display, transmit, or otherwise contribute any such content through your any of your social media accounts. You must not impersonate another person, or in any way misrepresent your identity. Respect the privacy and various opinions, viewpoints, and cultures of other users. Do not engage in, or attempt to engage in, any conduct that could potentially harm the Site, including, but not limited to, violating security features of the Site, introducing viruses, worms, or similar harmful code into the Site, or interfering or with the use of the Site by any other user, host or network. Such prohibited conduct includes interference by means of overloading, “flooding,” “spamming,” “mail bombing,” or “crashing” Site. 

9.1  You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile;
  • Use the Site in a courteous manner.

9.2. You agree that you will not:

  • Misrepresent your identity, including but not limited to the use of a pseudonym;
  • Scrape or copy information of others through any means (including crawlers, browser plugins and add-ons, and any other technology or manual work);
  • Act in an unlawful, libelous, abusive, obscene, discriminatory, or otherwise objectionable manner;
  • Disclose information that you do not have the right to disclose (such as confidential information of others (including your employer));
  • Violate intellectual property rights of others, including patents, trademarks, trade secrets, copyrights, or other proprietary rights;
  • Violate the intellectual property or other rights of PIVIUM;
  • Submit anything that contains software viruses, worms, or any other harmful code;
  • Manipulate identifiers in order to disguise the origin of any message or post transmitted through the Site;
  • Provide content that promotes escort services or prostitution.
  • Copy or use the information, content, or data of others available on the Site (except as expressly authorized);
  • Copy or use the information, content, or data on the Site in connection with a competitive service (as determined by PIVIUM);
  • Copy, modify or create derivative works of PIVIUM, the Site or any related technology (except as expressly authorized by PIVIUM);
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Site or any related technology, or any part thereof;
  • Imply or state that you are affiliated with or endorsed by PIVIUM without our express consent;
  • Rent, lease, loan, trade, sell/re-sell access to the Site or related any information or data;
  • Sell, sponsor, or otherwise monetize any feature of the Site, without PIVIUM’s consent;
  • Deep-link to our Site for any purpose other than to participate in an ongoing promotion without PIVIUM’s consent;
  • Remove any copyright, trademark or other proprietary rights notices contained in or on our Site;
  • Remove, cover, or obscure any advertisement included on the Site;
  • Collect, use, copy, or transfer any information obtained from the Site without PIVIUM’s consent;
  • Use bots or other automated methods to access the Site, add or download contacts, send, or redirect messages;
  • Monitor the Site’s availability, performance, or functionality for any competitive purpose;
  • Override any security feature of the Site;
  • Interfere with the operation of, or place an unreasonable load on, the Site (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or

10. Complaints Regarding Content

Information posted by users must be accurate and not in violation of the intellectual property rights or other rights of third parties.

If you want to send us notices or service of process, or if you believe that any content on the Site infringes on your copyright rights, please contact us:

11.  Changes to Terms

PIVIUM reserves the right, in its sole discretion, to change the Terms under which www.pivium.com is offered. The most current version of the Terms will supersede all previous versions. PIVIUM encourages you to periodically review the Terms to stay informed of our updates.

12. Contact Us

PIVIUM welcomes your questions or comments regarding the Terms:

PIVIUM
1515 W. Deer Valley Road, Suite C102
Phoenix, AZ 85027

Email:  interest@pivium.com
Phone:  800.737.1930