The "Application" shall mean the software provided by PIVOTtheWorld to offer services related to PIVOTtheWorld, to be used on Apple iOS devices (and any upgrades from time to time and any other software or documentation which enables the use of the Application).
1. DATA PROTECTION
3. PROPRIETARY RIGHTS AND LICENSE
All trademarks, copyright, database rights and other intellectual property rights of any nature in the Application together with the underlying software code are owned by PIVOTtheWorld. PIVOTtheWorld hereby grants you a non-transferable, worldwide, non-exclusive, royalty-free revocable license to use the Application for your personal use in accordance with these Terms. PIVOTtheWorld grants you the right to use the Application only on iOS products that the you own or control, and as permitted by the Usage Rules set forth in the App Store Terms of Service.
Except for the rights expressly granted above, these Terms transfer to you, including any related user, no right, title, or interest in the Application, or the content of the Application nor any copyright, patent, trademark, trade secret, or other intellectual property or proprietary right therein.
PIVOTtheWorld retains sole and exclusive title to all portions of the Application, and any copies thereof, and you, including any related users, hereby assign to PIVOTtheWorld all right, title, and interest in and to any modifications you or any related user makes to the Application, whether or not such modifications are permitted.
4. CONDITIONS OF USE
You will not, nor allow third parties on your behalf to (i) make and distribute copies of the Application; (ii) attempt to copy, reproduce, alter, modify, reverse engineer, disassemble, decompile, transfer, exchange or translate the Application; (iii) create derivative works of the Application of any kind whatsoever; (iv) sell, license, sublicense, lease, rent or transfer to any third party whether for profit or without charge, any portion of the Application; (v) download, or otherwise use the Application in violation of any laws or regulations, including U.S. Department of Commerce Export Administration regulations and other applicable laws.
You represent and warrant that you are not located in a country that is subject to a US Government embargo, or that has been designated by the US Government as a "terrorist supporting" country and you are not listed on any US Government list of prohibited or restricted parties.
The Application is currently made available to you free of charge. PIVOTtheWorld reserves the right to amend or withdraw the Application, or charge for the Application or service provided to you in accordance with these Terms, at any time and for any reason.
You acknowledge that the terms of agreement with your respective mobile network provider ("Mobile Provider") will continue to apply when using the Application. As a result, you may be charged by the Mobile Provider for access to network connection services for the duration of the connection while accessing the Application or any such third party charges as may arise. You accept responsibility for any such charges that arise.
If you are not the bill payer for the mobile telephone or handheld device being used to access the Application, you will be assumed to have received permission from the bill payer for using the Application.
This Application is available to certain handheld mobile devices running Apple iOS. PIVOTtheWorld will use reasonable efforts to make the Application available at all times. However you acknowledge the Application is provided over the internet and mobile networks and so the quality and availability of the Application may be affected by factors outside PIVOTtheWorld’s reasonable control.
PIVOTtheWorld does not accept any responsibility whatsoever for unavailability of the Application, or any difficulty or inability to download or access content or any other communication system failure which may result in the Application being unavailable.
PIVOTtheWorld will not be responsible for any support or maintenance for the Application. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to this Application.
6. SYSTEM REQUIREMENTS
In order to use the Application, you are required to have a compatible mobile telephone or handheld device, internet access, and the necessary minimum specifications "Software Requirements".
The Software Requirements are as follows: Apple iOS devices running iOS 8.4 or higher; Language: English.
The Application may be upgraded from time to time to add new functions and services.
PIVOTtheWorld may terminate use of the Application at any time with or without prior notification by deactivating your username and password or suspending operation of the Application.
Upon any termination, (i) the rights and licenses granted to you herein shall terminate; and (ii) you must cease all use of the Application.
PIVOTtheWorld reserves the right to terminate its agreement with you, or to modify or terminate services and/or product offerings in connection with the Application, at any time without notice to you.
Termination between you and PIVOTtheWorld may only act to discontinue your personal access to the Application and such termination may not act to terminate any other contracts related to the Application between any other user and PIVOTtheWorld.
8. LIMITATION OF LIABILITY
In no event will PIVOTtheWorld be liable to you or any other person for any direct, indirect, special, punitive, exemplary or consequential losses or damages of whatsoever kind arising out of your use of or access to (or inability to use or access) the Application, the content of the Application or any equipment furnished in connection therewith, including loss of profit or the like, whether or not in the contemplation of the parties, whether based on breach of contract, tort (including negligence), product liability or otherwise.
PIVOTtheWorld shall not be liable to you for any damage or alteration to your equipment including but not limited to computer equipment, handheld device or mobile telephones as a result of the installation or use of the Application.
To the extent permitted by law, PIVOTtheWorld’s total maximum cumulative liability hereunder in connection with these Terms, whether arising under contract or otherwise, are limited to the fees received by PIVOTtheWorld under these Terms (if any), specifically relating to your use of the Application or product which is the subject of the claim.
YOU ASSUME ALL RISK FOR SELECTION AND USE OF THE APPLICATION AND CONTENT PROVIDED THEREON. PIVOTTHEWORLD SHALL NOT BE RESPONSIBLE FOR ANY ERRORS, MISSTATEMENTS, INACCURACIES OR OMISSIONS REGARDING CONTENT DELIVERED THROUGH THE APPLICATION OR ANY DELAYS IN OR INTERRUPTIONS OF SUCH DELIVERY.
YOU ACKNOWLEDGE THAT PIVOTTHEWORLD: (I) HAS NO CONTROL OF OR RESPONSIBILITY FOR YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON; (II) HAS NO KNOWLEDGE OF THE SPECIFIC OR UNIQUE CIRCUMSTANCES UNDER WHICH THE APPLICATION OR CONTENT PROVIDED THEREON MAY BE USED BY YOU; (III) UNDERTAKES NO OBLIGATION TO SUPPLEMENT OR UPDATE CONTENT OF THE APPLICATION; AND (IV) HAS NO LIABILITY TO ANY PERSON FOR ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY PERSONS OTHER THAN PIVOTTHEWORLD.
TO THE GREATEST EXTENT PERMITTED BY LAW, PIVOTTHEWORLD SHALL NOT BE LIABLE TO ANY PERSON (INCLUDING BUT NOT LIMITED TO YOU AND PERSONS TREATED BY OR ON BEHALF OF YOU) FOR, AND YOU AGREE TO INDEMNIFY AND HOLD PIVOTTHEWORLD HARMLESS FROM ANY CLAIMS, LAWSUITS, PROCEEDINGS, COSTS, ATTORNEYS’ FEES, DAMAGES OR OTHER LOSSES (COLLECTIVELY, "LOSSES") ARISING OUT OF OR RELATING TO, (I) YOUR USE OF THE APPLICATION OR CONTENT PROVIDED THEREON OR ANY EQUIPMENT FURNISHED IN CONNECTION THEREWITH; AND (II) ANY DATA OR INFORMATION INPUT ON THE APPLICATION BY YOU, IN ALL CASES INCLUDING BUT NOT LIMITED TO LOSSES FOR TORT, PERSONAL INJURY, MEDICAL MALPRACTICE OR PRODUCT LIABILITY.
IN NO EVENT SHALL PIVOTTHEWORLD BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, LOSS OF BUSINESS, OR DOWN TIME, EVEN IF PIVOTTHEWORLD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
AS BETWEEN YOU AND PIVOTTHEWORLD, YOU HEREBY ASSUME FULL RESPONSIBILITY FOR ENSURING THE APPROPRIATENESS OF USING AND RELYING UPON THE INFORMATION IN VIEW OF ALL ATTENDANT CIRCUMSTANCES, INDICATIONS, AND CONTRAINDICATIONS.
Apple is not responsible for addressing any claims by you or any third party relating to the Application or your possession and/or use of this Application, including but not limited to: (a) product liability claims; (b) any claim the Application fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation.
9. DISCLAIMER OF WARRANTIES
To the maximum extent permitted by law, PIVOTtheWorld makes no representation or warranty whatsoever, express or implied, including but not limited to representations or warranties regarding the accuracy or nature of the content of the Application, warranties of title, non-infringement, merchantability or fitness for a particular purpose. PIVOTtheWorld is not responsible for the investigation, defense, settlement, or discharge of any third party intellectual property infringement claim.
The Application and software are provided "as is" and "as available" without warranty of any kind.
You acknowledge that updates to the Application are at the sole discretion of PIVOTtheWorld. PIVOTtheWorld makes no representation or warranties whatsoever, express or implied, with respect to the compatibility of the Application, or of future releases thereof, with any computer hardware or software, nor does PIVOTtheWorld represent or warrant the continuity of the features or the facilities provided by or through the Application as between various releases thereof.
Any warranties expressly provided herein do not apply if: (i) you alter, mishandle or improperly use, store or install all, or any part, of the Application, (ii) you store or install the Application on a computer system which fails to meet the specifications provided by PIVOTtheWorld, or (iii) the breach of warranty arises out of or in connection with acts or omissions of persons other than PIVOTtheWorld.
No salesperson or other representative of any party involved in the distribution of the Application (if any) is authorized to make any warranties with respect to the Application or the content of the Application, beyond those contained in these Terms. Oral statements do not constitute warranties, shall not be relied upon by you, and are not a part of these Terms.
In the event of any failure of the Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price, if applicable, for the Application to you; and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to this Application.
10. FURTHER DISCLAIMER
You expressly acknowledge and agree that PIVOTtheWorld is not responsible for the results of your decisions resulting from the use of the Application. Always be aware of your surroundings while using the Application.
PIVOTtheWorld does not assume any responsibility for any injury resulting from use of the Application.
If for any reason any provision of these Terms is determined to be invalid or unenforceable under any statute or rule of law by a court of competent jurisdiction, such provision shall be interpreted in order to give effect to such provision to the maximum extent permitted by law, and the remaining provisions shall continue in full force and effect.
These Terms shall be interpreted, construed, and governed by and in accordance with the laws of the United States. You irrevocably submit to the jurisdiction of the courts of the United States.
These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersede all prior agreements, oral or written, and all other communications relating to the subject matter hereof.
No agency, partnership, joint venture or employment relationship is created as a result of these Terms.
The failure of PIVOTtheWorld to enforce any part of these Terms shall not constitute a waiver of its right to later enforce that or any other part of these Terms.
The section headings in these Terms are for convenience only and shall not affect their interpretation.
These Terms are personal to you. The rights and obligations contained herein may not be assigned, transferred or sublicensed to any other party without the written consent of PIVOTtheWorld.
Apple and Apple’s subsidiaries are third party beneficiaries of these Terms, and, upon your acceptance, Apple as a third party beneficiary thereof will have the right (and will be deemed to have accepted the right) to enforce these Terms against you.
If you have any questions in relation to these Terms, or complaints or claims with respect to the Application please contact:
114 Western Ave Boston, MA 02134
© 2015 – PIVOTtheWorld
• What information we collect about you
• What choices you have about your information
• How we use your information
• How and with whom we may share the information we have about you
• How we protect your information
• How to contact us with questions or concerns
Information Collected About You
What Choices Do I Have?
How Information Collected About You Is Used
We may use information we collect about you to:
• Administer your account;
• Provide you with access to particular tools and services;
• Respond to your inquiries and send you administrative communications;
• Obtain your feedback on our sites and our offerings;
• Statistically analyze user behavior and activity;
• Conduct research and measurement activities;
• Send you personalized emails or secure electronic messages pertaining to your health interests, including news, announcements, reminders and opportunities from PIVOTtheWorld.
We may combine Personal and Non-Personal Information collected by PIVOTtheWorld about you, and may combine this information with information from external sources.
With Whom Do We Share Your Information?
PIVOTtheWorld will not disclose any Personal Information about you unless specifically agreed to by you or:
• To comply with legal requirements, such as a law, regulation, search warrant, subpoena, or court order;
• In the event of a corporate change in control resulting from, for example, a merger, a sale of assets, or bankruptcy; or
• In special cases, such as in response to a physical threat to you or others.
PIVOTtheWorld does not make your Personal Information available to third parties for their marketing purposes.
How Do We Secure and Retain Your Information?
We have put in place technical, physical, and administrative safeguards to protect the Personal Information that we collect.
You can also contact PIVOTtheWorld’s Office at:
114 Western Ave
Information Collected About You
PIVOTtheWorld does not allow any third parties to place beacons or cookies or to gather any data about you in connection with your use of the PIVOTtheWorld web site or PIVOTtheWorld apps.
Newsletters & Emails to You
At various times as you use the PIVOTtheWorld apps, you will be given the option of providing us with Personal Information in order to receive recurring informational/promotional newsletters – such as a newsletter relating to a specific health condition – via email from PIVOTtheWorld and/or directly from third parties.
When you sign up for our email newsletters on the PIVOTtheWorld Web Sites or PIVOTtheWorld Apps or at any time, you can choose to opt out of receiving additional promotional newsletters from PIVOTtheWorld or our Sponsors.
You can unsubscribe from a newsletter by:
• Following the directions included at the bottom of the newsletter.
Emails You Send to PIVOTtheWorld
Even if you do not register with or provide any Personal Information to PIVOTtheWorld, we collect Non-Personal Information about your use of the PIVOTtheWorld Web Sites. “Non-Personal Information” means information that we cannot use to identify or contact you. We may also acquire Non-Personal Information about our users from external sources.
Mobile Device Applications (“Apps”) and Mobile Optimized Sites
When you download and install one of our PIVOTtheWorld Mobile Apps onto your mobile device we assign a random number to your App installation. This number cannot be used to identify you personally, and we cannot identify you personally unless you choose to become a registered user of the App. The random number is assigned to your installation of the App itself. Therefore the random number cannot be removed through settings. If you do not want us to use the random number please do not use the Mobile Device Apps. Because some of the content on our Mobile Device Apps direct your mobile device to our external websites you will be exposed to third party cookies that may be contained in advertisements that we do not control and will be unable to delete any of these cookies with your mobile device. Therefore, if you do not want to use these cookies when you use your mobile device you should not use our Mobile Device Apps and you should set your mobile device to reject cookies when you use our mobile optimized sites.
Non-Personal Information Collected by Third Parties Not Acting on PIVOTtheWorld’s Behalf
What Choices Do I Have?
If you have registered and desire to delete any of your Personal Information you have provided to us from our systems please contact us using the contact information listed below. Upon your request, we will delete your Personal Information from our active databases and where feasible from our back-up media. You should be aware that it is not technologically possible to remove each and every record of the information you have provided to the PIVOTtheWorld Web Sites from our servers.
If you decide that you would prefer not to receive personalized email or secure electronic messages from PIVOTtheWorld, you may "Opt-out" of the service by following the unsubscribe instructions included in each promotional email. Emails that PIVOTtheWorld sends with opportunities from PIVOTtheWorld or with offers or informational materials from PIVOTtheWorld on behalf of our sponsors will contain an opportunity to unsubscribe from getting additional emails of that type in the future from PIVOTtheWorld unless you resubscribe.
How Information Collected About You Is Used
Information collected by PIVOTtheWorld about you is used by PIVOTtheWorld to:
• administer your account,
• provide you with access to particular tools and services,
• respond to your inquiries you send to us and to send you administrative communications about the PIVOTtheWorld services,
• obtain your feedback about the PIVOTtheWorld offerings,
• statistically analyze user behavior and activity including how frequently areas of the site are visited and how many emails are received and opened,
• provide you with more relevant content or advertising,
• conduct research and measurement activities, including those described below.
• Send you personalized emails or secure electronic messages pertaining to your health interests, including news, announcements, reminders and opportunities from PIVOTtheWorld; or
• Send you relevant offers and informational materials on behalf of our sponsors pertaining to your health interests.
PIVOTtheWorld may combine Personal and Non-Personal Information collected by PIVOTtheWorld about you, and may combine this information with information from external sources.
In addition to the emails described above that are made available to all registered PIVOTtheWorld visitors, users can receive personalized emails or secure electronic messages based on Personal Information entered into the tool.
Research and Measurement Activities
Information that PIVOTtheWorld collects about you may be combined by PIVOTtheWorld with other information available to PIVOTtheWorld through third parties for research and measurement purposes, including measuring the effectiveness of content, advertising or programs. This information from other sources may include age, gender, demographic, geographic, personal interests, product purchase activity or other information. We may report aggregate information, which is not able to be identified back to an individual user of the PIVOTtheWorld Web Sites, to our current or prospective advertisers and other business partners. We do not sell or share any Personal Information with any third parties, except contractors performing services on our behalf who agree not to use this information received from us for any purpose other than performing services on our behalf.
With Whom Do We Share Your Information?
Disclosures to PIVOTtheWorld Contractors
Disclosures to Third Party Web Sites
How Do We Secure and Retain Your Information?
We take reasonable security measures to protect the security of your Personal Information. Despite PIVOTtheWorld's efforts to protect your Personal Information, there is always some risk that an unauthorized third party may find a way around our security systems or that transmissions of your information over the Internet may be intercepted.
The security of your Personal Information is important to us. We will retain your Personal Information as long as your account is active or needed to provide you services. At any time you can remove your Personal Information or instruct us to remove it, but you should be aware that it is not technologically possible to remove each and every record of the information you have provided to PIVOTtheWorld from our servers. PIVOTtheWorld tools that collect and store Personal Information allow you to correct, update or review information you have submitted by going back to the specific tool, logging-in and making the desired changes. We will also retain your Personal Information as necessary to comply with legal obligations, resolve disputes and enforce our agreements.