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Pivot Bio terms of use
Last revised on February 11th, 2020
Version 1.0
The website located at https://ca.pivotbio.com/ (the “Site”) is a copyrighted work belonging to Pivot Bio, Inc., (“Pivot Bio”, “us”, “our”, and “we”). Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into the Terms and are collectively referred to herein as the “Agreement”. Please note that this Site is intended only for visitors from Canada. If you are located in the United States, please visit www.pivotbio.com.
THE TERMS OF USE (THE “TERMS”) SET FORTH THE LEGALLY BINDING TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE. BY ACCESSING OR USING THE SITE, OR BY CLICKING THE SUBMIT BUTTON WHEN ENTERING YOUR CONTACT INFORMATION ON THE SITE, YOU ARE ACCEPTING THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT), AND YOU REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, AUTHORITY, AND CAPACITY TO ENTER INTO THE TERMS (ON BEHALF OF YOURSELF OR THE ENTITY THAT YOU REPRESENT). YOU MAY NOT ACCESS OR USE THE SITE OR ACCEPT THE TERMS IF YOU ARE NOT AT LEAST 19 YEARS OLD. IF YOU DO NOT AGREE WITH ALL OF THE PROVISIONS OF THE TERMS, DO NOT ACCESS AND/OR USE THE SITE.
1.1 License. Subject to the Terms, Pivot Bio grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to the Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3 Modification. Pivot Bio reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Pivot Bio will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Pivot Bio will have no obligation to provide you with any support or maintenance in connection with the Site.
1. ACCESS TO THE SITE
1.1 License. Subject to the Terms, Pivot Bio grants you a non-transferable, non-exclusive, revocable, limited license to use and access the Site solely for your own personal, noncommercial use.
1.2 Certain Restrictions. The rights granted to you in the Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to the Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
1.3 Modification. Pivot Bio reserves the right, at any time, to modify, suspend, or discontinue the Site (in whole or in part) with or without notice to you. You agree that Pivot Bio will not be liable to you or to any third party for any modification, suspension, or discontinuation of the Site or any part thereof.
1.4 No Support or Maintenance. You acknowledge and agree that Pivot Bio will have no obligation to provide you with any support or maintenance in connection with the Site.
Excluding any User Content that you may provide (defined in Section 2.1 below), you acknowledge that all the intellectual property rights, including copyrights, patents, trade marks, and trade secrets, in the Site and its content are owned by Pivot Bio or Pivot Bio’s suppliers. Neither the Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 1.1. Pivot Bio and its suppliers reserve all rights not granted in the Terms. There are no implied licenses granted under the Terms.
2. USER CONTENT
2.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., contact information submitted by the user). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3). Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Pivot Bio is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Pivot Bio an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such action may include terminating your access to the Site, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Pivot Bio with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Pivot Bio all rights in such Feedback and agree that Pivot Bio shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pivot Bio will treat any Feedback you provide to Pivot Bio as non-confidential and non-proprietary. You agree that you will not submit to Pivot Bio any information or ideas that you consider to be confidential or proprietary.
2. USER CONTENT
2.1 User Content. “User Content” means any and all information and content that a user submits to, or uses with, the Site (e.g., contact information submitted by the user). You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate our Acceptable Use Policy (defined in Section 3). Because you alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Pivot Bio is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice.
2.2 License. You hereby grant (and you represent and warrant that you have the right to grant) to Pivot Bio an irrevocable, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site. You hereby irrevocably waive (and agree to cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content.
2.3 Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”:
(a) You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.
(b) In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
2.4 Enforcement. We reserve the right (but have no obligation) to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of the Terms or otherwise create liability for us or any other person. Such action may include terminating your access to the Site, and/or reporting you to law enforcement authorities.
2.5 Feedback. If you provide Pivot Bio with any feedback or suggestions regarding the Site (“Feedback”), you hereby assign to Pivot Bio all rights in such Feedback and agree that Pivot Bio shall have the right to use and fully exploit such Feedback and related information in any manner it deems appropriate. Pivot Bio will treat any Feedback you provide to Pivot Bio as non-confidential and non-proprietary. You agree that you will not submit to Pivot Bio any information or ideas that you consider to be confidential or proprietary.
3. PIVOT BIO COMMUNICATIONS
3.1 SMS Program. You have the option to provide us with your contact information and sign up for one of our SMS messaging services on the Site. When you opt-in to our SMS messaging services, you consent to receive texts (including marketing texts) from us at the mobile number you’ve provided at to opt-in, including, but not limited to: communications concerning new and existing features on the Site, communications related to shipping, communications concerning promotions run by us or our third-party partners, and news concerning Pivot Bio and industry developments. We will send you an SMS message from 55697 to confirm your sign up. You can cancel the SMS service at any time. Just text “STOP” to 55697. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again, or send the SMS message “START” to us at 55697. If at any time you forget what keywords are supported, just text “HELP” to 55697. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency is recurring and depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy and/or email us at info@pivotbio.com. The mobile carriers that support our SMS messaging service are not liable for delayed or undelivered messages. We may change any short code or telephone number we use to operate our SMS service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. ***Carriers are not liable for delayed or undelivered messages.
3.2 Message Delivery. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages.
3.1 SMS Program. You have the option to provide us with your contact information and sign up for one of our SMS messaging services on the Site. When you opt-in to our SMS messaging services, you consent to receive texts (including marketing texts) from us at the mobile number you’ve provided at to opt-in, including, but not limited to: communications concerning new and existing features on the Site, communications related to shipping, communications concerning promotions run by us or our third-party partners, and news concerning Pivot Bio and industry developments. We will send you an SMS message from 55697 to confirm your sign up. You can cancel the SMS service at any time. Just text “STOP” to 55697. After you send the SMS message “STOP” to us, we will send you an SMS to confirm that you have been unsubscribed. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again, or send the SMS message “START” to us at 55697. If at any time you forget what keywords are supported, just text “HELP” to 55697. After you send the SMS message “HELP” to us, we will respond with instructions on how to use our service as well as how to unsubscribe. As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency is recurring and depends on the user’s interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider. If you have any questions regarding privacy, please read our privacy policy and/or email us at info@pivotbio.com. The mobile carriers that support our SMS messaging service are not liable for delayed or undelivered messages. We may change any short code or telephone number we use to operate our SMS service at any time. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages. ***Carriers are not liable for delayed or undelivered messages.
3.2 Message Delivery. We are able to deliver messages to the following mobile phone carriers: Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, MetroPCS, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile. Minor carriers: Alaska Communications Systems (ACS), Appalachian Wireless (EKN), Bluegrass Cellular, Cellular One of East Central IL (ECIT), Cellular One of Northeast Pennsylvania, Cincinnati Bell Wireless, Cricket, Coral Wireless (Mobi PCS), COX, Cross, Element Mobile (Flat Wireless), Epic Touch (Elkhart Telephone), GCI, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri), Illinois Valley Cellular, Inland Cellular, iWireless (Iowa Wireless), Keystone Wireless (Immix Wireless/PC Man), Mosaic (Consolidated or CTC Telecom), Nex-Tech Wireless, NTelos, Panhandle Communications, Pioneer, Plateau (Texas RSA 3 Ltd), Revol, RINA, Simmetry (TMP Corporation), Thumb Cellular, Union Wireless, United Wireless, Viaero Wireless, and West Central (WCC or 5 Star Wireless). ***Carriers are not liable for delayed or undelivered messages.
4. INDEMNIFICATION You agree to indemnify and hold Pivot Bio (and its officers, employees, and agents) harmless, including costs and attorneys’ fees, from any claim or demand made by any third party due to or arising out of (a) your use of the Site, (b) your User Content, (c) your violation of the Terms; or (d) your violation of applicable laws or regulations. Pivot Bio reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of Pivot Bio. Pivot Bio will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
5. THIRD-PARTY LINKS, APPLICATIONS & ADS; OTHER USERS
Third-Party Links, Applications & Ads. The Site may contain links to third-party websites and services, applications and/or display advertisements for third parties (collectively, “Third-Party Links, Applications & Ads”). Such Third-Party Links, Applications & Ads are not under the control of Pivot Bio, and Pivot Bio is not responsible for any Third-Party Links, Applications & Ads. Pivot Bio provides access to these Third-Party Links, Applications & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links, Applications & Ads. You use all Third-Party Links, Applications & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links, Applications & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third-Party Links & Ads.
5.2 Release. You hereby release and forever discharge Pivot Bio (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads).
5.2 Release. You hereby release and forever discharge Pivot Bio (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including any interactions with, or act or omission of, other Site users or any Third-Party Links, Applications & Ads).
6. DISCLAIMERS
THE SITE IS PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS, AND PIVOT BIO (AND OUR SUPPLIERS) EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ALL WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE BASIS, OR WILL BE ACCURATE, RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL, OR SAFE.
7. LIMITATION ON LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PIVOT BIO (OR OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS, OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THE TERMS OR YOUR USE OF, OR INABILITY TO USE, THE SITE, EVEN IF PIVOT BIO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, AND USE OF, THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE OR COMPUTER SYSTEM, OR LOSS OF DATA RESULTING THEREFROM. TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
8. TERM AND TERMINATION.
We may suspend or terminate your rights to use the Site at any time for any reason without prior notice at our sole discretion, including for any use of the Site in violation of the Terms. Pivot Bio will not have any liability whatsoever to you for any such suspension or termination, including deletion of your User Content. Except for the license granted at s. 1.1, all other provisions of the Terms will survive such suspension or termination.
9. General
9.1 Changes. We reserve the right, in our sole discretion and at any time, to revise and update these Terms. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site. Your continued use of the Site after any such changes come into effect will constitute your acceptance of such changes.
9.2 Choice of law and forum. The laws of the Province of British Columbia and the laws of Canada applicable therein (without regard to conflict of law provisions) will govern your use of the Site, any content provided on or through the Site, and these Terms. Any legal action or proceeding relating to the Site will be governed exclusively by the courts of the Province of British Columbia in the City of Vancouver. If you access the Site from a location outside of Canada, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Pivot Bio, or any products utilizing such data, in violation of the export laws or regulations of the United States or other jurisdictions.
9.5 Entire Terms. The Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.7 Copyright/Trademark Information. Copyright © 2022, Pivot Bio. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.8 Contact Information:
9.1 Changes. We reserve the right, in our sole discretion and at any time, to revise and update these Terms. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Site. It is your responsibility to ensure that you are aware of the current Terms when you access or use the Site. Your continued use of the Site after any such changes come into effect will constitute your acceptance of such changes.
9.2 Choice of law and forum. The laws of the Province of British Columbia and the laws of Canada applicable therein (without regard to conflict of law provisions) will govern your use of the Site, any content provided on or through the Site, and these Terms. Any legal action or proceeding relating to the Site will be governed exclusively by the courts of the Province of British Columbia in the City of Vancouver. If you access the Site from a location outside of Canada, you do so on your own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
9.3 Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any technical data acquired from Pivot Bio, or any products utilizing such data, in violation of the export laws or regulations of the United States or other jurisdictions.
9.5 Entire Terms. The Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of the Terms is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
9.7 Copyright/Trademark Information. Copyright © 2022, Pivot Bio. All rights reserved. All trademarks, logos and service marks (“Marks”) displayed on the Site are our property or the property of other third parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.
9.8 Contact Information:
Pivot Bio, Inc.
Address: 2910 7th St, Berkeley, CA 94710
Telephone: (877) 495-3777
Email: info@pivotbio.com