Welcome to IdeaPivot.com. IdeaPivot.com providesr services to you subject to the
following conditions. If you visit or download software at IdeaPivot.com, you accept
these conditions. Please read them carefully. In addition, when you use
any current or future IdeaPivot.com service (e.g., Your Profile, Your Contexts)
, you also will be subject to the guidelines and conditions applicable to such service.
If these conditions are inconsistent with such guidelines and conditions, such guidelines
and conditions will control.
PRIVACY
Please review our Privacy Notice, which also governs your visit to IdeaPivot.com,
to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit IdeaPivot.com or send e-mails to us, you are communicating with us
electronically. You consent to receive communications from us electronically. We
will communicate with you by e-mail or by posting notices on this site. You agree
that all agreements, notices, disclosures and other communications that we provide
to you electronically satisfy any legal requirement that such communications be
in writing.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons,
images, audio clips, digital downloads, data compilations, and software, is the
property of IdeaPivot.com or its content suppliers and protected by United States
and international copyright laws. The compilation of all content on this site is
the exclusive property of IdeaPivot.com and protected by U.S. and international
copyright laws. All software used on this site is the property of IdeaPivot.com
or its software suppliers and protected by United States and international copyright
laws.
SUBMISSIONS
We welcome your comments regarding this website. However, any comments,
feedback, notes, messages, ideas, suggestions or other communications (collectively,
"Comments") sent to IdeaPivot.com shall be and remain the exclusive property of
IdeaPivot.com. Your submission of any such Comments shall constitute an assignment
to IdeaPivot.com of all worldwide rights, titles and interests in all copyrights
and other intellectual property rights in the Comments. IdeaPivot.com will be entitled
to use, reproduce, disclose, publish and distribute any material you submit for
any purpose whatsoever, without restriction and without compensating you in any
way. For this reason, we ask that you not send us any comments that you do not wish
to assign to us, including any confidential information or any original creative
materials such as stories, product ideas, computer code or original artwork.
TRADEMARKS
IDEAPIVPOT, IDEAPIVPOT.COM, and CUSP, and other IdeaPivot.com graphics, logos, page
headers, button icons, scripts, and service names are trademarks, registered trademarks
or trade dress of IdeaPivot.com, Inc. or its affiliates in the U.S. and/or other
countries. IdeaPivot.com's trademarks and trade dress may not be used in connection
with any product or service that is not IdeaPivot.com's, in any manner that is likely
to cause confusion among customers, or in any manner that disparages or discredits
IdeaPivot.com. All other trademarks not owned by IdeaPivot.com or its affiliates
that appear on this site are the property of their respective owners, who may or
may not be affiliated with, connected to, or sponsored by IdeaPivot.com or its affiliates.
PATENTS
One or more patents apply to this Site and to the features and services accessible
via the Site, including without limitation: U.S. Patent No. 6,917,938 and all corresponding
foreign counterparts.
LICENSE AND SITE ACCESS
IdeaPivot.com grants you a limited license to access and make personal use of this
site and not to download (other than page caching) or modify it, or any portion
of it, except with express written consent of IdeaPivot.com. This license does not
include any resale or commercial use of this site or its contents; any collection
and use of any product listings, descriptions, or prices; any derivative use of
this site or its contents; any downloading or copying of account information for
the benefit of another merchant; or any use of data mining, robots, or similar data
gathering and extraction tools. This site or any portion of this site may not be
reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for
any commercial purpose without express written consent of IdeaPivot.com. You may
not frame or utilize framing techniques to enclose any trademark, logo, or other
proprietary information (including images, text, page layout, or form) of IdeaPivot.com
and our affiliates without express written consent. You may not use any meta tags
or any other "hidden text" utilizing IdeaPivot.com's name or trademarks without
the express written consent of IdeaPivot.com. Any unauthorized use terminates the
permission or license granted by IdeaPivot.com. You are granted a limited, revocable,
and nonexclusive right to create a hyperlink to the home page of IdeaPivot.com so
long as the link does not portray IdeaPivot.com, its affiliates, or their products
or services in a false, misleading, derogatory, or otherwise offensive matter. You
may not use any IdeaPivot.com logo or other proprietary graphic or trademark as
part of the link without express written permission.
YOUR ACCOUNT
If you use this site, you are responsible for maintaining the confidentiality of
your account and password and for restricting access to your computer, and you agree
to accept responsibility for all activities that occur under your account or password.
IdeaPivot.com does sell products for children, but it sells them to adults, who
can purchase with a credit card. If you are under 18, you may use IdeaPivot.com
only with involvement of a parent or guardian. IdeaPivot.com and its affiliates
reserve the right to refuse service, terminate accounts, remove or edit content,
or cancel orders in their sole discretion.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE
PROVIDED BY IDEAPIVPOT.COM ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE
SPECIFIED IN WRITING. IDEAPIVPOT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE
AVAILABLE TO YOU THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY
AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IDEAPIVPOT.COM DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. IDEAPIVPOT.COM DOES NOT WARRANT THAT
THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS;
OR E-MAIL SENT FROM IDEAPIVPOT.COM ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IDEAPIVPOT.COM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE
OF THIS SITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE)
OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING,
BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES,
UNLESS OTHERWISE SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE
ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT
HAVE ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting IdeaPivot.com, you agree that the laws of the state of Colorado, without
regard to principles of conflict of laws, will govern these Conditions of Use and
any dispute of any sort that might arise between you and IdeaPivot.com.
DISPUTES
Any dispute relating in any way to your visit to IdeaPivot.com or to products you
purchase through IdeaPivot.com shall be submitted to confidential arbitration in
Denver, Colorado, except that, to the extent you have in any manner violated or
threatened to violate IdeaPivot.com's intellectual property rights, IdeaPivot.com
may seek injunctive or other appropriate relief in any state or federal court in
the state of Colorado, and you consent to exclusive jurisdiction and venue in such
courts. Arbitration under this agreement shall be conducted under the rules then
prevailing of the American Arbitration Association. The arbitrator's award shall
be binding and may be entered as a judgment in any court of competent jurisdiction.
To the fullest extent permitted by applicable law, no arbitration under this Agreement
shall be joined to an arbitration involving any other party subject to this Agreement,
whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on this site. These policies also govern
your visit to IdeaPivot.com. We reserve the right to make changes to our site, policies,
and these Conditions of Use at any time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable, that condition shall be deemed severable
and shall not affect the validity and enforceability of any remaining condition.