Pivot Point Pro
Terms of Service
Last Updated: April 1, 2026
Please read these Terms of Service ("Terms") carefully as they are a binding legal contract between you and Pivot Point International, Inc. ("Pivot Point," "we," "us," or "our"). These Terms govern your access to and use of the Pivot Point Pro online platform made available at
https://pro.pivot-point.com/
(the "Platform") and the features, functionality, courses, certifications, and services accessible through such Platform (collectively, the "Services").
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE PLATFORM OR SERVICES. BY CLICKING "ACCEPT" WHEN YOU REGISTER FOR AN ACCOUNT ("ACCOUNT") OR BY OTHERWISE USING THE PLATFORM OR ACCESSING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER FOR AN ACCOUNT, USE THE PLATFORM, OR OTHERWISE ACCESS THE SERVICES. THE COURSES, CONTENT, AND PIVOT POINT PRO MATERIALS (AS DEFINED BELOW) AVAILABLE ON THE PLATFORM AND THROUGH THE SERVICES ARE FOR CONTINUING EDUCATION PURPOSES ONLY. COMPLETED COURSES MAY BE APPLIED TOWARD NACCAS TEACHING METHODOLOGY CONTINUING EDUCATION REQUIREMENTS. PLEASE REVIEW THE CONTINUING EDUCATION DISCLAIMER SET FORTH IN SECTION 15 CAREFULLY BEFORE PURCHASING ANY COURSE. IF YOU REGISTER FOR AN ACCOUNT, YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MAY NOT CREATE AN ACCOUNT IF YOU ARE UNDER 18.
PLEASE READ THESE TERMS CAREFULLY BEFORE YOU ACCESS OR USE THE PLATFORM OR SERVICES. BY CLICKING "ACCEPT" WHEN YOU REGISTER FOR AN ACCOUNT ("ACCOUNT") OR BY OTHERWISE USING THE PLATFORM OR ACCESSING THE SERVICES, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT REGISTER FOR AN ACCOUNT, USE THE PLATFORM, OR OTHERWISE ACCESS THE SERVICES. THE COURSES, CONTENT, AND PIVOT POINT PRO MATERIALS (AS DEFINED BELOW) AVAILABLE ON THE PLATFORM AND THROUGH THE SERVICES ARE FOR CONTINUING EDUCATION PURPOSES ONLY. COMPLETED COURSES MAY BE APPLIED TOWARD NACCAS TEACHING METHODOLOGY CONTINUING EDUCATION REQUIREMENTS. PLEASE REVIEW THE CONTINUING EDUCATION DISCLAIMER SET FORTH IN SECTION 15 CAREFULLY BEFORE PURCHASING ANY COURSE. IF YOU REGISTER FOR AN ACCOUNT, YOU MUST BE AT LEAST 18 YEARS OF AGE. YOU MAY NOT CREATE AN ACCOUNT IF YOU ARE UNDER 18.
1. Privacy.
Please review the Pivot Point Pro Privacy Policy available at Privacy Policy before accessing the Platform, using the Services, or creating an Account. Our Privacy Policy explains what personal information we may collect, why we collect it, how we use it, and how we share it.
2. Modifications to these Terms.
We may, in our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you from within the Platform or through your Account. The "Last Updated" date above indicates when these Terms were last changed. By continuing to access and use the Platform or Services after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must cease use of the Platform and the Services.
3. Platform Access.
Subject to your compliance with these Terms, Pivot Point grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform and Services. Unauthorized use of the Platform or Services is a violation of these Terms and may result in the termination of these rights and your Account.
4. Accounts.
To access the Platform and Services, you will be required to create an Account by providing your name, email address, and a password. No school or institutional affiliation is required or requested to create an Account. Information we collect during any Account registration will be used in accordance with our Privacy Policy. You are solely responsible for ensuring any data or information you provide Pivot Point in the creation of the Account or while using your Account is accurate and that you have the legal right to provide such information to Pivot Point. You are fully responsible for maintaining the confidentiality of the password and username for your Account and for all activities that occur under your Account using your login credentials. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify Pivot Point, using the contact information set forth below, of any unauthorized use of your login credentials or Account of which you become aware. You acknowledge and agree that Pivot Point is authorized to act on instructions received through your Account, including any purchases made through your Account and any other communications. We may, in our discretion, deny access or block any transaction made through your Account without prior notice if we believe the security of your Account or login credentials have been compromised. You do not have any ownership or other property interest in your Account. All rights in your Account are owned by Pivot Point. You may not sell, transfer, license, or assign your Account, username, or any Account rights to any third party.
5. Platform Functions; Course Access and Certifications.
The Platform provides a dashboard through which you may browse, purchase, and access continuing education courses designed for educators in the beauty, barber, and wellness industries (each, a "Course" and collectively, "Courses"). Courses offered through the Platform are designed to fulfill continuing education (CE) hours for NACCAS and state board agencies. Upon purchase of a Course, you will have access to that Course for a period of three hundred sixty-five (365) days from the date of purchase (the "Course Access Period"). After the Course Access Period expires, you will no longer have access to the applicable Course. It is your sole responsibility to complete any purchased Course within the Course Access Period. Upon successful completion of a Course, you will receive a certificate of completion ("Certificate"), which will be available for download and accessible via hyperlink through your Account dashboard. Certificates will remain available for a period of one (1) year from the date of Course completion. After the one (1) year period, Certificates may no longer be accessible through the Platform, and it is your sole responsibility to download and retain copies of any Certificates prior to expiration of this period. You are responsible for maintaining separate copies of all Certificates and any other content you require, as the availability of download or export features through the Platform may change at any time without notice.
Please review the Pivot Point Pro Privacy Policy available at Privacy Policy before accessing the Platform, using the Services, or creating an Account. Our Privacy Policy explains what personal information we may collect, why we collect it, how we use it, and how we share it.
2. Modifications to these Terms.
We may, in our sole discretion, revise these Terms from time to time. The most current version of these Terms will be made available to you from within the Platform or through your Account. The "Last Updated" date above indicates when these Terms were last changed. By continuing to access and use the Platform or Services after such changes become effective, you agree to be bound by the revised Terms. If you do not agree to the revised Terms, you must cease use of the Platform and the Services.
3. Platform Access.
Subject to your compliance with these Terms, Pivot Point grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Platform and Services. Unauthorized use of the Platform or Services is a violation of these Terms and may result in the termination of these rights and your Account.
4. Accounts.
To access the Platform and Services, you will be required to create an Account by providing your name, email address, and a password. No school or institutional affiliation is required or requested to create an Account. Information we collect during any Account registration will be used in accordance with our Privacy Policy. You are solely responsible for ensuring any data or information you provide Pivot Point in the creation of the Account or while using your Account is accurate and that you have the legal right to provide such information to Pivot Point. You are fully responsible for maintaining the confidentiality of the password and username for your Account and for all activities that occur under your Account using your login credentials. You agree to: (a) keep your password confidential and not share it with anyone else, and (b) immediately notify Pivot Point, using the contact information set forth below, of any unauthorized use of your login credentials or Account of which you become aware. You acknowledge and agree that Pivot Point is authorized to act on instructions received through your Account, including any purchases made through your Account and any other communications. We may, in our discretion, deny access or block any transaction made through your Account without prior notice if we believe the security of your Account or login credentials have been compromised. You do not have any ownership or other property interest in your Account. All rights in your Account are owned by Pivot Point. You may not sell, transfer, license, or assign your Account, username, or any Account rights to any third party.
5. Platform Functions; Course Access and Certifications.
The Platform provides a dashboard through which you may browse, purchase, and access continuing education courses designed for educators in the beauty, barber, and wellness industries (each, a "Course" and collectively, "Courses"). Courses offered through the Platform are designed to fulfill continuing education (CE) hours for NACCAS and state board agencies. Upon purchase of a Course, you will have access to that Course for a period of three hundred sixty-five (365) days from the date of purchase (the "Course Access Period"). After the Course Access Period expires, you will no longer have access to the applicable Course. It is your sole responsibility to complete any purchased Course within the Course Access Period. Upon successful completion of a Course, you will receive a certificate of completion ("Certificate"), which will be available for download and accessible via hyperlink through your Account dashboard. Certificates will remain available for a period of one (1) year from the date of Course completion. After the one (1) year period, Certificates may no longer be accessible through the Platform, and it is your sole responsibility to download and retain copies of any Certificates prior to expiration of this period. You are responsible for maintaining separate copies of all Certificates and any other content you require, as the availability of download or export features through the Platform may change at any time without notice.
6. Fees and Payment.
Courses are available for purchase through the Platform at the prices displayed at the time of purchase. When you purchase a Course, you will be required to provide valid credit card information. By providing your credit card information and completing a purchase, you authorize Pivot Point to charge your credit card for the applicable Course fees and any other fees incurred through your Account. You represent that you are the authorized user of the credit card associated with that payment. ALL FEES AND CHARGES ARE FINAL AND NON-REFUNDABLE. PIVOT POINT DOES NOT OFFER REFUNDS, RETURNS, OR CREDITS FOR ANY COURSE PURCHASES, REGARDLESS OF WHETHER YOU COMPLETE THE COURSE, FAIL TO ACCESS THE COURSE WITHIN THE COURSE ACCESS PERIOD, OR ARE DISSATISFIED WITH THE COURSE CONTENT. BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL AND THAT NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES. We have no responsibility or liability if the applicable financial institution or payment processor declines your payment, however, we will notify you if your payment is declined. We reserve the right to change our Course pricing and fees from time to time. Any changes to pricing will not affect Courses that have already been purchased.
7. Taxes.
You are responsible for any applicable sales, use, or transaction taxes arising from your purchase of Courses through the Platform. Pivot Point reserves the right to change the manner in which it calculates such taxes to meet changing tax obligations without notice.
8. Prohibited Uses.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
9. Pivot Point Pro Materials.
All text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, applications, databases, trademarks, logos, slogans, names of products, Course content, documentation, components, and other content, and the design, selection, and arrangement of the content in the Platform (collectively, "Pivot Point Materials") are exclusively the property of Pivot Point, and as applicable, its licensors. Pivot Point Materials are protected by copyright, trademark, and other intellectual and proprietary laws. Any unauthorized use of Pivot Point Materials or related intellectual property belonging to Pivot Point is strictly prohibited. Subject to your compliance with these Terms, Pivot Point grants you a limited, nonexclusive, non-sub-licensable license to access and use the Pivot Point Materials solely for your personal, non-commercial continuing education purposes. This license is revocable at any time as further contemplated by these Terms.
10. Feedback.
By sending us any ideas, suggestions, documents, or proposals ("Feedback"), whether related to our Platform, Services, or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.
Courses are available for purchase through the Platform at the prices displayed at the time of purchase. When you purchase a Course, you will be required to provide valid credit card information. By providing your credit card information and completing a purchase, you authorize Pivot Point to charge your credit card for the applicable Course fees and any other fees incurred through your Account. You represent that you are the authorized user of the credit card associated with that payment. ALL FEES AND CHARGES ARE FINAL AND NON-REFUNDABLE. PIVOT POINT DOES NOT OFFER REFUNDS, RETURNS, OR CREDITS FOR ANY COURSE PURCHASES, REGARDLESS OF WHETHER YOU COMPLETE THE COURSE, FAIL TO ACCESS THE COURSE WITHIN THE COURSE ACCESS PERIOD, OR ARE DISSATISFIED WITH THE COURSE CONTENT. BY COMPLETING A PURCHASE, YOU ACKNOWLEDGE AND AGREE THAT ALL SALES ARE FINAL AND THAT NO REFUNDS WILL BE ISSUED UNDER ANY CIRCUMSTANCES. We have no responsibility or liability if the applicable financial institution or payment processor declines your payment, however, we will notify you if your payment is declined. We reserve the right to change our Course pricing and fees from time to time. Any changes to pricing will not affect Courses that have already been purchased.
7. Taxes.
You are responsible for any applicable sales, use, or transaction taxes arising from your purchase of Courses through the Platform. Pivot Point reserves the right to change the manner in which it calculates such taxes to meet changing tax obligations without notice.
8. Prohibited Uses.
In addition to the other restrictions outlined in these Terms, you agree that you will not:
- Use the Platform or Services for any purpose that is illegal, unauthorized, beyond the scope of its intended use, or engage in, encourage, promote, advocate, or assist any third party in any activity that violates these Terms;
- Interfere with or disrupt servers or networks used by Pivot Point to provide the Platform and Services or used by other users to access the Platform or Services, or violate any third-party regulations, policies, or procedures of such servers or networks or harass or interfere with another user's full use and enjoyment of the Platform and Services;
- Use any robot, bot, spider, crawler, scraper, or other automated means or interface not provided by us to access the Platform or Services or to extract data;
- Reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for any underlying software or other intellectual property used to provide the Platform or the Services, or any component thereof, or circumvent measures employed to prevent or limit access to any area, content, or source code of the Platform or Services;
- Use or attempt to use another user's Account without authorization or otherwise impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
- Attempt to compromise any security measures or circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Platform that you are not authorized to access;
- Attempt to represent in any manner that you have a relationship of any kind with us or that we have endorsed you or any products or services without our express written consent to do so;
- Share, distribute, reproduce, duplicate, copy, sell, resell, or exploit for any commercial purpose any Course content, Certificates, Pivot Point Pro Materials (as defined below), or any portion of the Platform, including your Account, without our prior written consent;
- Submit or use any data or information that is inaccurate, unlawful, or otherwise infringes the rights of any person or entity, including without limitation, any patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary or contractual rights; or
- Develop any third-party applications that interact with the Platform or Pivot Point Pro Materials without prior written consent from Pivot Point Pro.
- Upload, input, submit, or otherwise provide any Course content or Pivot Point Materials to any artificial intelligence, machine learning, or large language model platform or service, including but not limited to ChatGPT, Google Gemini, Microsoft Copilot, Claude, or similar AI tools, whether for the purpose of training, analysis, summarization, reproduction, or any other use.
9. Pivot Point Pro Materials.
All text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, applications, databases, trademarks, logos, slogans, names of products, Course content, documentation, components, and other content, and the design, selection, and arrangement of the content in the Platform (collectively, "Pivot Point Materials") are exclusively the property of Pivot Point, and as applicable, its licensors. Pivot Point Materials are protected by copyright, trademark, and other intellectual and proprietary laws. Any unauthorized use of Pivot Point Materials or related intellectual property belonging to Pivot Point is strictly prohibited. Subject to your compliance with these Terms, Pivot Point grants you a limited, nonexclusive, non-sub-licensable license to access and use the Pivot Point Materials solely for your personal, non-commercial continuing education purposes. This license is revocable at any time as further contemplated by these Terms.
10. Feedback.
By sending us any ideas, suggestions, documents, or proposals ("Feedback"), whether related to our Platform, Services, or otherwise, you agree that we are under no obligation of confidentiality, express or implied, with respect to the Feedback. We may use, publish, distribute, and sublicense the Feedback without any obligation of attribution or compensation to you or any third party.
11. Third-Party Content; Third Party Platform Provider.
The Platform may contain content from third parties and third-party websites and links to third-party websites or resources (collectively, "Third-Party Content"). Links to Third-Party Content are provided for your information only and do not constitute Pivot Point's approval of those third-party websites or resources. Pivot Point does not control or endorse and is not responsible or liable for any such Third-Party Content, or any related products or services. You are solely responsible for your use of any such Third-Party Content. You understand that by accessing Third-Party Content through the Platform or Services, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You are responsible for deciding whether you will access or use any Third-Party Content that is available in or through the Platform.
The Platform is hosted using infrastructure provided by Thinkific Labs Inc. ("Thinkific"). Your use of the Platform is subject to Thinkific's Terms of Service (available at https://www.thinkific.com/terms-of-service/) and Privacy Policy (available at https://www.thinkific.com/privacy-policy/). By using the Platform, you acknowledge that: (a) certain features and availability of the Platform depend on Thinkific's services, over which Pivot Point has no direct control; (b) Thinkific may process and store your Account information and content in connection with delivering the Platform and Services; and (c) Thinkific may retain copies of your information in accordance with its data retention policies, including after termination of your Account or these Terms. Pivot Point is not responsible for any acts, omissions, outages, or data practices of Thinkific.
12. Updates and Upgrades.
From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Platform (for example, for maintenance, enhancements, to add or remove features, resolve software bugs, or address security concerns). All such releases are in our discretion. If we elect to install any such updates or upgrades, the Platform, Services, and your Account may be temporarily unavailable as we take our systems offline. In certain circumstances, we may need to suspend, withdraw, or disable the Platform, Services, and Accounts for longer periods while we deploy updates and upgrades. If we anticipate the Platform, Services, or your Account being impacted, we will use commercially reasonable efforts to notify you of the same.
13. Access.
We do not guarantee that the Platform, Services, or Pivot Point Materials available on the Platform or via the Services will be accurate, available, or uninterrupted. We may suspend, withdraw, or discontinue your access to the Platform (including disabling any Accounts) or any Services. We intend to provide notice of such activity where feasible but reserve the right to undertake such activity in our discretion. The Platform is controlled by Pivot Point from its offices within the United States of America.
14. Termination.
You may deactivate your Account at any time by contacting Pivot Point using the contact information set forth below. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform and Services, and Pivot Point may suspend or terminate your Account or access to the Platform and any Pivot Point Materials, in whole or in part, at any time in its sole discretion for any reason. Pivot Point shall not be liable to you or anyone else for any damages arising from or related to Pivot Point's suspension or termination of your Account or access to the Platform, Services, or Pivot Point Materials, or in the event Pivot Point modifies, discontinues, or restricts the availability of the Platform, Services, or Pivot Point Materials (in whole or in part). Termination of your Account will not entitle you to any refund of fees previously paid. The provisions of these Terms that by their nature are intended to survive termination will survive the expiration or earlier termination of your Account pursuant to these Terms for any reason.
15. Disclaimer of Warranties.
THE PLATFORM, SERVICES, COURSES, CERTIFICATES, AND PIVOT POINT MATERIALS AVAILABLE VIA THE SAME ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIVOT POINT ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR INVESTORS, OFFICERS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, THE "PIVOT POINT PARTIES"), DISCLAIM ALL WARRANTIES WITH REGARDS TO (A) THE PLATFORM, (B) THE SERVICES, (C) ALL COURSES, CERTIFICATES, AND PIVOT POINT MATERIALS AVAILABLE VIA THE PLATFORM AND SERVICES, AND (D) ALL SECURITY ASSOCIATED WITH THE ELECTRONIC TRANSMISSION OF INFORMATION TO PIVOT POINT, INCLUDING VIA THE PLATFORM. IN ADDITION, THE PIVOT POINT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. THE PIVOT POINT PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PIVOT POINT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL.
Continuing Education Disclaimer. PIVOT POINT DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY COURSE OR CERTIFICATE OFFERED THROUGH THE PLATFORM WILL SATISFY OR BE ACCEPTED FOR CONTINUING EDUCATION CREDIT IN ANY PARTICULAR STATE, JURISDICTION, OR BY ANY PARTICULAR LICENSING BOARD OR REGULATORY AGENCY, INCLUDING NACCAS. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM WITH YOUR APPLICABLE STATE BOARD, LICENSING AUTHORITY, OR REGULATORY AGENCY WHETHER ANY COURSE QUALIFIES FOR CONTINUING EDUCATION CREDIT IN YOUR STATE OR JURISDICTION PRIOR TO PURCHASE. PIVOT POINT MAKES NO WARRANTY OR REPRESENTATION THAT COMPLETION OF ANY COURSE WILL RESULT IN ANY PARTICULAR PROFESSIONAL OUTCOME, CREDENTIAL, OR BENEFIT. PIVOT POINT SHALL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT A COURSE OR CERTIFICATE IS NOT ACCEPTED BY YOUR STATE BOARD OR LICENSING AUTHORITY FOR CONTINUING EDUCATION CREDIT. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
The Platform may contain content from third parties and third-party websites and links to third-party websites or resources (collectively, "Third-Party Content"). Links to Third-Party Content are provided for your information only and do not constitute Pivot Point's approval of those third-party websites or resources. Pivot Point does not control or endorse and is not responsible or liable for any such Third-Party Content, or any related products or services. You are solely responsible for your use of any such Third-Party Content. You understand that by accessing Third-Party Content through the Platform or Services, you may see content that may be inaccurate, incomplete, delayed, misleading, illegal, offensive, or otherwise harmful. You are responsible for deciding whether you will access or use any Third-Party Content that is available in or through the Platform.
The Platform is hosted using infrastructure provided by Thinkific Labs Inc. ("Thinkific"). Your use of the Platform is subject to Thinkific's Terms of Service (available at https://www.thinkific.com/terms-of-service/) and Privacy Policy (available at https://www.thinkific.com/privacy-policy/). By using the Platform, you acknowledge that: (a) certain features and availability of the Platform depend on Thinkific's services, over which Pivot Point has no direct control; (b) Thinkific may process and store your Account information and content in connection with delivering the Platform and Services; and (c) Thinkific may retain copies of your information in accordance with its data retention policies, including after termination of your Account or these Terms. Pivot Point is not responsible for any acts, omissions, outages, or data practices of Thinkific.
12. Updates and Upgrades.
From time to time, we may need to deploy or provide patches, updates, upgrades, additional content, or other modifications to the Platform (for example, for maintenance, enhancements, to add or remove features, resolve software bugs, or address security concerns). All such releases are in our discretion. If we elect to install any such updates or upgrades, the Platform, Services, and your Account may be temporarily unavailable as we take our systems offline. In certain circumstances, we may need to suspend, withdraw, or disable the Platform, Services, and Accounts for longer periods while we deploy updates and upgrades. If we anticipate the Platform, Services, or your Account being impacted, we will use commercially reasonable efforts to notify you of the same.
13. Access.
We do not guarantee that the Platform, Services, or Pivot Point Materials available on the Platform or via the Services will be accurate, available, or uninterrupted. We may suspend, withdraw, or discontinue your access to the Platform (including disabling any Accounts) or any Services. We intend to provide notice of such activity where feasible but reserve the right to undertake such activity in our discretion. The Platform is controlled by Pivot Point from its offices within the United States of America.
14. Termination.
You may deactivate your Account at any time by contacting Pivot Point using the contact information set forth below. If you violate applicable laws or these Terms, you are immediately prohibited from further use of the Platform and Services, and Pivot Point may suspend or terminate your Account or access to the Platform and any Pivot Point Materials, in whole or in part, at any time in its sole discretion for any reason. Pivot Point shall not be liable to you or anyone else for any damages arising from or related to Pivot Point's suspension or termination of your Account or access to the Platform, Services, or Pivot Point Materials, or in the event Pivot Point modifies, discontinues, or restricts the availability of the Platform, Services, or Pivot Point Materials (in whole or in part). Termination of your Account will not entitle you to any refund of fees previously paid. The provisions of these Terms that by their nature are intended to survive termination will survive the expiration or earlier termination of your Account pursuant to these Terms for any reason.
15. Disclaimer of Warranties.
THE PLATFORM, SERVICES, COURSES, CERTIFICATES, AND PIVOT POINT MATERIALS AVAILABLE VIA THE SAME ARE PROVIDED TO YOU "AS IS," "AS AVAILABLE" AND "WITH ALL FAULTS." TO THE FULLEST EXTENT PERMISSIBLE BY LAW, PIVOT POINT ON BEHALF OF ITSELF AND ITS AFFILIATES AND SUBSIDIARIES, AND EACH OF THEIR INVESTORS, OFFICERS, AGENTS, EMPLOYEES, SERVICE PROVIDERS, REPRESENTATIVES, AND PARTNERS (COLLECTIVELY, THE "PIVOT POINT PARTIES"), DISCLAIM ALL WARRANTIES WITH REGARDS TO (A) THE PLATFORM, (B) THE SERVICES, (C) ALL COURSES, CERTIFICATES, AND PIVOT POINT MATERIALS AVAILABLE VIA THE PLATFORM AND SERVICES, AND (D) ALL SECURITY ASSOCIATED WITH THE ELECTRONIC TRANSMISSION OF INFORMATION TO PIVOT POINT, INCLUDING VIA THE PLATFORM. IN ADDITION, THE PIVOT POINT PARTIES HEREBY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. THE PIVOT POINT PARTIES DO NOT REPRESENT OR WARRANT THAT THE PLATFORM OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE PIVOT POINT PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL.
Continuing Education Disclaimer. PIVOT POINT DOES NOT WARRANT, REPRESENT, OR GUARANTEE THAT ANY COURSE OR CERTIFICATE OFFERED THROUGH THE PLATFORM WILL SATISFY OR BE ACCEPTED FOR CONTINUING EDUCATION CREDIT IN ANY PARTICULAR STATE, JURISDICTION, OR BY ANY PARTICULAR LICENSING BOARD OR REGULATORY AGENCY, INCLUDING NACCAS. IT IS YOUR SOLE RESPONSIBILITY TO CONFIRM WITH YOUR APPLICABLE STATE BOARD, LICENSING AUTHORITY, OR REGULATORY AGENCY WHETHER ANY COURSE QUALIFIES FOR CONTINUING EDUCATION CREDIT IN YOUR STATE OR JURISDICTION PRIOR TO PURCHASE. PIVOT POINT MAKES NO WARRANTY OR REPRESENTATION THAT COMPLETION OF ANY COURSE WILL RESULT IN ANY PARTICULAR PROFESSIONAL OUTCOME, CREDENTIAL, OR BENEFIT. PIVOT POINT SHALL HAVE NO LIABILITY WHATSOEVER IN THE EVENT THAT A COURSE OR CERTIFICATE IS NOT ACCEPTED BY YOUR STATE BOARD OR LICENSING AUTHORITY FOR CONTINUING EDUCATION CREDIT. YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND SERVICES IS AT YOUR SOLE RISK. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU TO THE EXTENT SUCH JURISDICTION'S LAW IS APPLICABLE TO YOU AND THESE TERMS.
16. LIMITATION OF LIABILITY.
EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL PIVOT POINT PRO OR THE PIVOT POINT PRO PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) YOUR USE OF THE PLATFORM OR ANY PIVOT POINT PRO MATERIALS, INCLUDING ANY COURSE CONTENT OR CERTIFICATES, (B) YOUR USE OF THE SERVICES, (C) YOUR INABILITY TO USE ANY COURSE OR CERTIFICATE FOR CONTINUING EDUCATION CREDIT IN ANY STATE OR JURISDICTION, OR (D) THE CONDUCT OF OTHER USERS OF THE PLATFORM, EVEN IF PIVOT POINT PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE PLATFORM AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST PIVOT POINT PRO AND THE PIVOT POINT PRO PARTIES FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE SAME.
NOTWITHSTANDING THE FOREGOING, IF PIVOT POINT PRO IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR SERVICES, PIVOT POINT PRO'S LIABILITY SHALL NOT EXCEED ONE HUNDRED ($100.00) UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. INDEMNIFICATION.
BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PIVOT POINT PRO AND PIVOT POINT PRO PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE PLATFORM AND SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR USE OR MISUSE OF ANY COURSE CONTENT OR CERTIFICATE, INCLUDING ANY REPRESENTATION THAT A COURSE OR CERTIFICATE SATISFIES CONTINUING EDUCATION REQUIREMENTS IN A PARTICULAR STATE OR JURISDICTION; (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PIVOT POINT PRO'S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHT OR OTHER PROPRIETARY RIGHT; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAW.
18. Governing Law.
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, for all disputes arising out of or relating to these Terms, the Platform, or the Services. Any cause of action or claim you may have with respect to the Platform or Services must be commenced within one (1) year after the cause of action or claim arises.
19. Assignment.
You may not assign your rights or delegate your duties under these Terms, including without limitation your Account, without our prior written consent. These Terms inure to the benefit of Pivot Point Pro's successors and assigns.
20. Entire Agreement.
These Terms and any terms, guidelines, or rules posted throughout the Platform are the entire agreement between you and Pivot Point Pro with respect to your access to and use of your Account, the Platform, and Services.
21. Contact Us. If you have questions about these Terms, you may contact us at:
Pivot Point International, Inc.
8725 W. Higgins Rd, Suite 700
Chicago, IL 60631
Email: [email protected]
EXCEPT WHERE EXPRESSLY PROHIBITED BY LAW, IN NO EVENT WILL PIVOT POINT PRO OR THE PIVOT POINT PRO PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (A) YOUR USE OF THE PLATFORM OR ANY PIVOT POINT PRO MATERIALS, INCLUDING ANY COURSE CONTENT OR CERTIFICATES, (B) YOUR USE OF THE SERVICES, (C) YOUR INABILITY TO USE ANY COURSE OR CERTIFICATE FOR CONTINUING EDUCATION CREDIT IN ANY STATE OR JURISDICTION, OR (D) THE CONDUCT OF OTHER USERS OF THE PLATFORM, EVEN IF PIVOT POINT PRO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USE OF THE PLATFORM AND SERVICES IS AT YOUR RISK. YOUR SOLE REMEDY AGAINST PIVOT POINT PRO AND THE PIVOT POINT PRO PARTIES FOR DISSATISFACTION WITH THE PLATFORM OR SERVICES IS TO STOP USING THE SAME.
NOTWITHSTANDING THE FOREGOING, IF PIVOT POINT PRO IS FOUND TO BE LIABLE TO YOU FOR ANY DIRECT DAMAGE OR LOSS WHICH IS IN ANY WAY CONNECTED WITH YOUR USE OF THE PLATFORM OR SERVICES, PIVOT POINT PRO'S LIABILITY SHALL NOT EXCEED ONE HUNDRED ($100.00) UNITED STATES DOLLARS (USD). THE FOREGOING LIMITATIONS APPLY EVEN IF ANY AVAILABLE REMEDY SHOULD FAIL OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO THE FOREGOING LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
17. INDEMNIFICATION.
BY AGREEING TO THESE TERMS, YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS PIVOT POINT PRO AND PIVOT POINT PRO PARTIES FROM AND AGAINST ANY AND ALL CHARGES, CLAIMS, DAMAGES, LOSSES, COSTS, LIABILITIES, AND EXPENSES (INCLUDING ATTORNEYS' FEES) INCURRED AS A RESULT OF OR ARISING FROM A CLAIM, COMPLAINT, ALLEGATION, LAWSUIT, OR DEMAND ARISING OUT OF OR RELATING IN ANY WAY TO (A) YOUR ACCESS OR USE OF THE PLATFORM AND SERVICES; (B) YOUR VIOLATION OF THESE TERMS; (C) YOUR USE OR MISUSE OF ANY COURSE CONTENT OR CERTIFICATE, INCLUDING ANY REPRESENTATION THAT A COURSE OR CERTIFICATE SATISFIES CONTINUING EDUCATION REQUIREMENTS IN A PARTICULAR STATE OR JURISDICTION; (D) YOUR INFRINGEMENT OR MISAPPROPRIATION OF PIVOT POINT PRO'S OR ANY THIRD PARTY'S INTELLECTUAL PROPERTY RIGHT OR OTHER PROPRIETARY RIGHT; OR (E) YOUR VIOLATION OF ANY APPLICABLE LAW.
18. Governing Law.
These Terms are governed by the laws of the State of Illinois, without regard to its conflict of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts located in Cook County, Illinois, for all disputes arising out of or relating to these Terms, the Platform, or the Services. Any cause of action or claim you may have with respect to the Platform or Services must be commenced within one (1) year after the cause of action or claim arises.
19. Assignment.
You may not assign your rights or delegate your duties under these Terms, including without limitation your Account, without our prior written consent. These Terms inure to the benefit of Pivot Point Pro's successors and assigns.
20. Entire Agreement.
These Terms and any terms, guidelines, or rules posted throughout the Platform are the entire agreement between you and Pivot Point Pro with respect to your access to and use of your Account, the Platform, and Services.
21. Contact Us. If you have questions about these Terms, you may contact us at:
Pivot Point International, Inc.
8725 W. Higgins Rd, Suite 700
Chicago, IL 60631
Email: [email protected]