PIVOT IMAGE CONSULTING, LLC

TERMS OF SERVICE

Last Revised: February 27th, 2024

SECTION 1 – OVERVIEW & ACCEPTANCE OF TERMS

Please read these Terms of Service ("Terms") carefully before using www.pivotimage.com  website (the "Website") operated by Pivot Image Consulting, LLC, a limited liability company governed by the laws of the State of Arizona, USA (the “Company”, "we", "us", or "our").

Your access to and use of the Website, including all information, tools and personal style and image consulting services (“Service(s)”) available from the Website to you, is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

By accessing or using any part of the Website, you agree to be bound by these Terms. If you do not accept these Terms and all the policies incorporated herein by reference in their entirety, you must not access the Website or use our Services.

To the extent permitted by applicable law, we may, at any time, amend these Terms, including any features or functionality of the Website, without prior notice to you, by posting a revised version of the Terms and/or by sending a notification about changes made to features or functionality of the Website. Any revisions to these Terms or changes to the Website will take effect when a revised version is posted on the Website or when a notification is sent out to you. Your continued use of the Website after the revision date constitutes (a) your acceptance of revised Terms and policies and/or changes in Website and (b) agreement to be bound by any such revised terms and conditions. 

If you agree to these Terms on behalf of an entity, you represent and warrant that you have the authority to bind that entity to these Terms and that such entity or organization is duly authorized to do business in the country or countries where it operates. In that event, "you," "your," or “user” will refer and apply to that entity.


SECTION 2 – WHO CAN ACCESS WEBSITE AND USE SERVICES

By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. We reserve the right to refuse service to anyone for any reason at any time.

SECTION 3 – SERVICES

We provide different types of Services, the description of which can be found on this page. 

The Services are offered subject to our acceptance of your order. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason. 

SECTION 4 – LICENSE TO USE WEBSITE


License. Subject to the terms and conditions of these Terms, the Company grants you a worldwide, non-transferable and non-exclusive license of the right to use the Website, including all materials found on the Website such as styling and grooming guides.

Restricted Uses. The right granted to you in the present Terms is subject to the following restrictions: 

  • you shall not copy, modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Website including Content (as defined below) of other users; 

  • you shall not access the Website in order to build a similar or competitive service/website; 

  • you shall not impersonate other individuals or provide inaccurate information about yourself;

  • you shall not represent an entity without its prior authorization to do so; 

  • you shall not engage in anything unlawful, misleading, or fraudulent or for illegal or unauthorized purpose; 

  • you shall not violate or encourage others to violate laws, third party rights, these Terms and policies incorporated herein by reference;

  • you shall not express or imply that any statements you make are endorsed by us, without our prior written consent; 

  • you shall not upload, distribute, or transmit any computer viruses, worms, Trojan horses, malicious code, or any software intended to damage or alter a computer system or a mobile device or data; 

  • you shall not retrieve, index, "data mine," or collect information or data of other users, including their email addresses, (e.g., using any harvesting bots, robots, spiders, or scrapers, site search/retrieval applications, or other manual or automatic devices);

  • you shall not disable, overburden, impair, or otherwise interfere with servers or networks connected to the Website (e.g., a denial of service attack); 

  • you shall not attempt to gain unauthorized access to the Website or servers or networks connected to the Website (e.g., through password mining); 

  • you shall not engage in spamming or flooding;

  • you shall not "frame" or "mirror" any part of the Website;

  • you shall not restrict or inhibit any other user’s use of the Website, including, without limitation, by means of "hacking" or "cracking" or defacing any portion of the Website;

  • you shall not interfere with another user’s use and enjoyment of the Website; and

  • you shall not solicit another user’s personal information, including bank details.

Violation of any of the above may result in termination of these Terms with you. 

Modifications/Updates. We reserve the right, at any time, to modify, suspend, or discontinue the operation of the Website (including provision of any Service) or any part thereof with or without notice. You agree that we will not be liable to you or to any third party for any modification, suspension, or discontinuance of operation of the Website or any part thereof. Any future release, update, or other addition to any of functionalities of the Website shall be subject to the terms and conditions of these Terms.

Ownership. We and our licensors own all right, title and interest, including all related intellectual property rights, in and to the Website. The Website is licensed to you; this means that the Website is under no circumstances sold/transferred to you. Indeed, the present Terms do not convey to you any rights of ownership in or related to the Website. Our name, logo, trademark, and other names associated with the Website belong to us, and no license of the right to use them by implication, estoppel or otherwise is granted to you hereunder. We and our licensors, reserve all rights not granted in these Terms.

SECTION 5 – USER COMMENTS AND CONTENT

User Comments. Certain parts of this Website offer the opportunity for users to post and exchange opinions, information, material and data ('Comments'). The Company does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of the Company, its agents or affiliates. Comments reflect the view and opinion of the users who post such Comments. To the extent permitted by applicable laws the Company shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.

The Company reserves the right to monitor all Comments and to remove any Comment which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms. 

You warrant and represent that:

  • Your Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party;

  • Your Comments do not contain any defamatory, libelous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy; 

  • Your Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.

You hereby grant to the Company a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.

User Content. Any Website user may submit, share, and otherwise make available certain information, images, videos, creative ideas, suggestions, testimonials, feedback, proposals, plans, or other materials, whether online on the Website, by email, by postal mail, or otherwise (collectively, "Content").

Responsibility for Content. You are solely responsible for the Content you upload, display, share, or make available on or through the Website, including its accuracy, legality, and appropriateness and we do not assume any liability for any Content uploaded, displayed, shared, or otherwise made available by you or any other Website user.  

Your Representations and Warranties with Regard to Your Content. By uploading your Content to the Website, you represent and warrant that: (i) you own the Content and/or you have the right to use it and to grant us and other users of the Website the license as provided below; (ii) your uploading, displaying or sharing Content on or through the Website does not violate any law, privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity; (iii) your Content does not and will not contain sexually explicit content or pornography; and (iv) your Content does not contain any hateful, defamatory, harassing, abusive, libelous, obscene, threatening, discriminatory, or otherwise objectionable content, language, imagery or information and does not incite hatred against any individual or group. We reserve the right to terminate these Terms with you if we find it to be infringing one’s copyright or violating any provisions of these Terms. 

Ownership of Content. You and your licensors (if any) retain any and all of your rights to any Content you upload, post, display, share or otherwise make available on or through the Website and you and your licensors (if any) are responsible for protecting those rights. We take no responsibility and assume no liability for Content you upload, post, display, or share on or through the Website. 

License You Provide Us With. To the maximum extent and duration permitted under any applicable law, you grant us an irrevocable, perpetual, non-exclusive, worldwide license of the right to perform, transmit, and broadcast your Content in connection with providing you with our Website and/or Services.

You agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Content that you submit to us. We are and shall be under no obligation (1) to maintain any Content in confidence; (2) to pay compensation for any Content; or (3) to respond to any Content.

The license period begins when you upload the Content to the Website and ends when you or the Company delete it; provided that the Company may retain archival copies: (a) for a limited period of time in case you wish to restore it; (b) when the Content is the subject of a takedown notice or other legal claim; or (c) when the Company in good faith believes that it is legally obligated to do so.

Our Right to Remove Your Content. We reserve the right at our sole discretion to remove any Content that we feel in our judgment does not comply with these Terms, along with any Content that we may find offensive, harmful, objectionable, inaccurate, or that violates anyone’s rights. Moreover, we are not responsible for any delay or failure in removing such Content. If you post Content that we choose to remove, you hereby consent to such removal and consent to waive any claim against us.

SECTION 6 - BOOKING AND RESCHEDULING

Your purchase of an in-person consultation constitutes your understanding and acceptance of the policy outlined below:

Booking Service. If you need to book a consultation Service, you will be asked to fill out a questionnaire. Our collection of information about you is subject to our Privacy & Cookie Policy. 

Scheduling Policy. For virtual programs: If you need to reschedule your consultation service time and/or date, you can do so up to two (2) times and no later than 48 hours prior to your scheduled call with no rescheduling fee. If you fail to reschedule giving 48 hours ’ notice, you’ll be subject to a re-booking fee in order to re-book your call. After that, you forfeit the consultation cost entirely and any rescheduling granted after two (2) times is up to our discretion and will be assessed on a case-by-case basis.

For in-person programs: If you need to reschedule your consultation service time and/or date, you can do so one (1) time and no later than two (2) weeks (14 days) prior to your scheduled date. After that, you forfeit the consultation cost entirely, and any rescheduling granted is up to our discretion and will be assessed on a case-by-case basis.

In order to ensure smooth operations for our clients and team members, Pivot asks that all client prep work be submitted at least ten (10) business days ahead of the consultation.  In addition, our policy is that any client who has not submitted his prep work in full by seventy-two (72) hours ahead of the consultation (excluding weekends and holidays) will automatically forfeit his appointment and receive a 50% refund, the remaining 50% being a non-refundable fee to cover preparational and operational costs up to that point. 

SECTION 7 – PAYMENT TERMS

Acceptable Forms of Payment. We accept PayPal and credit cards payments supported by Stripe, Inc. (“Stripe”). The default currency for all purchases is the US dollar. 

Invoicing. We may send you an invoice using either PayPal or Intuit Quickbooks. All invoices are due before the commencement of Services. 

Return Policy: 100% Money Back Guarantee We offer a 100% money-back satisfaction guarantee for every Service offered. If directly after your scheduled consultation service (up to 48 hours after your consultation) you’re not satisfied with your “Roadmap Call” with your service provider, you are entitled to a full refund. However, with in-person Services, we cannot refund expenses for travel, accommodations, any services offered by third parties, or any other expense incurred in delivering the Service.

If you purchase a service and decide not to use the service, you have 30 days from the date of purchase in which you can request a full refund (a 5% charge will be deducted to cover processing fees).

After 30 days, you can receive a 50% refund (a 5% charge will be deducted to cover processing fees) for any service purchased for up to one year (365 days).

After one year (365 days), your purchase expires and you will no longer be entitled to a refund.

Purchase Expiration You have up to one year (365 days) to redeem your purchase from the date of purchase. If you do not redeem your purchase before one (1) year, you forfeit any services you’ve purchased and will not receive a refund.


SECTION 8 – PRIVACY & COOKIE POLICY

Your submission of your personal information through the Website is governed by our Privacy & Cookie Policy.


SECTION 9 – TERM & TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using our Website.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Website (or any part thereof) or Services.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, disclaimers, indemnity and limitations of liability.


SECTION 10 - DISCLAIMERS

The information found on the Website may contain errors or inaccuracies and may not be complete or current. Services may be mispriced, described inaccurately, or unavailable. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

Your use of the Website and Services is at your sole risk. The Website and Services are provided on an "AS IS" and "AS AVAILABLE" basis. The Website is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. Nothing on our Website, any of our content or Services is a promise or guarantee of certain results. 

The Company does not warrant that a) the Website will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Website is free of viruses or other harmful components; or d) the results of using the Website or Services will meet your requirements.

SECTION 11 - LIMITATION OF LIABILITY

In no case shall the Company, its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Website (including any information or recommendation found on the Website), or arising out of or in any way related to the Company’s performance or failure to perform Service (including any recommendation to use any third-party skin or grooming product or service), or for any other claim related in any way to your use of the Website or any Service, including, but not limited to, any errors or omissions in any content (including user Content), or any loss or damage of any kind incurred as a result of the use of the Website or any Service. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 12 - INDEMNIFICATION

You agree to indemnify, defend and hold the Company, its parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.


SECTION 13 – MISCELLANEOUS PROVISIONS

Affiliate Commission Disclaimer. Some product examples and hyperlinks may contain affiliate links. At no additional cost to you, Pivot Image Consulting may be compensated when you purchase products through these links. As an Amazon Associate I earn from qualifying purchases. However, no product recommended during consulting services is ever the result of paid placement.

Severability. In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

Waiver. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Website, and supersede and replace any prior agreements we might have had between us regarding the Website.

Assignment. We may assign, transfer or otherwise dispose of these Terms in whole or in part or any of our rights hereunder in connection with a merger, acquisition, reorganization or sale of all or substantially all of our assets, or other operation of law, without your consent. The terms and conditions of these Terms shall be binding upon assignees.

Governing Law. These Terms shall be governed by and construed in accordance with the laws of the State of Arizona, USA. You agree that any claim or dispute at law or equity that may arise between you and the Company relating in any way to or arising out of these or previous versions of the Terms, any policies incorporated herein by reference, your use of or access to the Website, or any products or Services sold or purchased through the Website, will be resolved exclusively through final and binding arbitration (see Compulsory Arbitration Program below), rather than in court.

Compulsory Arbitration Program. Compulsory Arbitration is a mandatory program in the State of Arizona for civil disputes valued under $50,000. A court-appointed arbitrator reviews the case to decide a just resolution and award. 

Before an arbitrator is appointed: When filing a complaint, the plaintiff also must file a Certificate of Compulsory Arbitration which states the monetary amount of the controversy. If the case is designated an arbitration case, an arbitrator is appointed once an answer to the complaint is filed. In cases involving a motion to dismiss, once the judge rules on the motion and the case is not dismissed, an arbitrator will be appointed. 

After the appointment. After an arbitrator is appointed, each side has 10 days to file a Notice to Strike Arbitrator document requesting a different arbitrator. If a Notice to Strike is not filed, the assigned arbitrator will remain on the case unless there is a conflict of interest of personal reason he or she cannot remain on the case. The arbitrator is required to inform the Court in writing if he or she has a conflict with the case. Once the Court receives notice from the arbitrator stating why he or she wishes to be removed from the case, the Court will issue a minute entry either granting or denying the request. When the request is granted, a new arbitrator will be appointed from the list of qualified arbitrators, consisting of attorneys in Maricopa County who have been licensed by the State Bar of Arizona for at least four years. Within 120 days of appointment, the arbitrator will notify the Arbitration Department of a new hearing date. Following the hearing, the arbitrator reaches a decision, and files a Notice of Decision with the Clerk of the Court. The prevailing party must submit the arbitration award and a statement of costs to the arbitrator for signature within 10 days after the notice of decision has been filed. The arbitrator will then file the Award with the Clerk of the Court through azturbocourt.gov.

Award and Appeal. After the arbitration award is signed by the arbitrator, it is filed with the Clerk of the Court. The non-prevailing party has 20 calendar days to file an appeal, with the arbitrator's fee of $75 per hearing day and an $26 processing fee. When an arbitration award is appealed, the case is sent back to the assigned judge for a new trial. The assigned judge may hear the case or send it to Alternative Dispute Resolution for a short trial. Once the appealed case goes to trial, the assigned judge's ruling is considered binding.

For more information, read the website of the Judicial Branch of Arizona in Maricopa County. 

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

Removal of Links From Website. If you find any link on our Website or any linked website objectionable for any reason, you may contact us about this.

Consent to Electronic Notices. You consent to the use of (a) electronic means to execute these Terms and to deliver any notices (including complaints) pursuant to these Terms; and (b) electronic records to store information related to these Terms or your use of the Website, products or services. Notices (including complaints) hereunder shall be invalid unless made in writing and given (a) by us to you via email (to the email address that you provide), (b) a posting on the Website or (c) by you to us via email to hello@pivotimage.com or to such other email addresses as we may specify in writing. The date of receipt will be deemed the date on which such notice is transmitted.

Contact Us. Questions about the Terms should be sent to us at hello@pivotimage.com.