DISCLOSURE & WAIVER OF LIABILITY
In consideration of my approved attendance at any iPIVOT-now, LLC and Pivot Integrative Health, LLC dba iPIVOT-now, live or pre-recorded; course, training, webinar, retreat, written material, presentation, or any other mode of information transmission and participation in any event of any kind (the “Experience), I hereby acknowledge that I have read and understand the disclosures contained herein, and also agree to this Waiver of Liability Agreement (“Agreement.”)
RIGHT TO PHOTOS, VIDEO & WRITTEN OR SPOKEN COMMENTS OR TESTIMONIALS: I hereby expressly grant to iPIVOT-now and the guest speakers and to its officers, employees, agents, and assignees the right to capture, record, and use photographs, video, written or spoken comments or testimonials, and/or audio impressions (including live or over the Internet) of me (collectively, “Impressions”) recorded by iPIVOT-now and the guest speakers at any Experience and to use the photographs and my voice and picture, silhouette, and other reproductions of physical likeness and class-related work (including any still image, videotaped image, captured video-conference image, CD-ROMs, DVDs and/or other analog or digital means, or other media now in existence of hereafter developed), in connection with or as part of any presentation, program, publication, product, transmission, or other professional endeavor in which the same may be used or incorporated, and also in the advertising, and/or publicizing of any such written, analog or digital works or their content, in perpetuity. I understand these images / sounds may be used for commercial, educational, or informational purposes. I shall not be entitled to any royalties, fees, or other compensation or notice, in connection with any such use. In addition, I waive any claims that any use of my photograph, image, and/or voice as permitted hereunder portrays me in a derogatory manner or false light.
NO GUARANTEES: The Experience may include presentations about options related to health and wellness. I understand that there can be no assurance that any prior successes by other individuals or past results can be used as an indication of my future success or results. I acknowledge health and wellness is based on many factors. iPIVOT-now and the guest speakers do not guarantee or imply that I will do as well as others. iPIVOT-now information may have unknown risks involved and are not suitable for everyone. Making decisions based on any information presented in iPIVOT-now products, services, or website, should be done only with the knowledge of iPIVOT-now and the guest speakers. All products and services by iPIVOT-now and the guest speakers are for educational and informational purposes only.
DUE DILIGENCE: I agree that I am solely responsible for doing my own due diligence when it comes to making business and financial decisions and all information, products, and services that have been provided by iPIVOT-now and the guest speakers or at the Experience should be independently verified by my own qualified professionals including checking with my personal medical professionals’ care team before acting on this or any information.
RESPONSIBILITY FOR OWN ACTIONS: iPIVOT-now and the guest speaker’s information, products, and services should be carefully considered and evaluated, before reaching a decision, on whether to take any action (or refrain from acting). I agree that iPIVOT-now and the guest speakers are not responsible for the success or failure of my health and wellness decisions relating to any information presented at the Experience or elsewhere by iPIVOT-now and the guest speakers.
COPYRIGHT AND CONFIDENTIALITY NOTICE: The materials and resources used in this training are the confidential and exclusive copyrighted and proprietary intellectual property of iPIVOT-now and the guest speakers. These materials are provided to me by iPIVOT-now and the guest speakers and solely intended for my personal use as an Experience Participant. No part of these documents and/or resources can be stored, reproduced, or transmitted in any form or by any means (electronic, photographic, mechanical, or any other medium), recorded, translated, or used to produce any derivative works without the explicit written permission of iPIVOT-now and the guest speakers, under signature. Any violation, or the likelihood of violating, any of my agreements contained in this paragraph, would entitle iPIVOT-now and the guest speakers to injunctive relief to prohibit any such violations. Should iPIVOT-now and the guest speakers commence any legal action in response to my act or omission in violation of this provision, I shall pay all of iPIVOT-now and the guest speakers legal fees and court costs, in addition to all damages requested by iPIVOT-now and the guest speakers.
VIDEOCONFERENCE: If I participate in the Experience by videoconference, I will not display any background that includes any copyrighted image or logo that I do not own. If I own an image or logo that I display as part of a background, I hereby grant iPIVOT-now and the guest speakers a royalty-free and irrevocable license to use said image and/or logo captured as part of the Impressions as otherwise permitted hereunder.
FOCUS OF EXPERIENCE The focus of the Experience is to provide me with quality learning opportunities in both theories and practical application of strategies and concepts regarding health and wellness. This Experience may offer a wide range of presentations and workshops, and that are designed to enable me to become more knowledgeable about my own needs to create a healthier lifestyle.
EDUCATIONAL PURPOSE I understand and agree that the offerings I will participate in with iPIVOT-now and the guest speakers during an Experience, in classes, workshops or otherwise, are solely for educational purposes, and are intended only for my personal knowledge, enrichment and enjoyment. I understand and agree that iPIVOT-now and the guest speakers do not make any claims regarding the spiritual, mental, or physiological efficacy, or effect on my personal safety and/or well-being, of any information shared with me.
NOT PERSONAL MEDICAL ADVICE I understand that the agents, employees, staff, and instructors with iPIVOT-now and the guest speakers are not all licensed medical providers that practice medicine. I understand and acknowledge that iPIVOT-now and the guest speakers do not give medical advice, do not diagnose illnesses, injuries, conditions, or ailments, and do not purport to treat, prevent, cure, or heal existing illnesses, injuries, conditions, or ailments. I also understand and acknowledge that nothing said during any of iPIVOT-now and the guest speakers’ classes, workshops, and other offerings should not be interpreted as medical advice. iPIVOT-now and the guest speakers have urged me to consult a licensed physician if I am ill, injured, or otherwise suffer from any ailments or symptoms. I understand and agree that the information provided is for educational purposes offers options to discuss with my medical care team and is not intended to be deemed as a personal treatment plan without medical supervision.
ACKNOWLEDGMENT OF RISK: I understand and agree that in participating in any movement class or workshop that there is a possibility of physical injury. iPIVOT-now recommends that I check with my medical care team before engaging in this class, and I have done so, or made a decision that I do not need to do so. I voluntarily agree, therefore, to assume all risks and responsibility for any such injury or accident, which might occur to me during the movement class or workshop. I understand that I should be aware of my physical limitations and agree not to exceed them.
EVENT PLATFORM I understand that my learning Experience may take place in a “virtual” Zoom environment or from a recorded version of same.
RELEASE AND WAIVER.
I HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST IPIVOT-NOW AND ITS AFFILIATED PARTNERS, GUEST SPEAKERS AND SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES, VOLUNTEERS, ASSISTANTS, GUEST PRESENTERS, CONTRACTORS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KIND ON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH, BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH I, MY HEIRS, ASSIGNEES, NEXT OF KIN AND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON MY BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM MY PARTICIPATION WITH THE ACTIVITY.
The construction and effect of this Agreement shall be governed by the laws of the State of North Carolina, Wake County, and we mutually agree that this Agreement must be treated as if it was signed in North Carolina, no matter where else it may have been signed. If any court of competent jurisdiction determines that any of the provisions of this Agreement, or any part of it, is or are invalid or unenforceable, the remainder of the provisions shall not thereby be affected and shall be given full effect without regard to any invalid portions. In the event that any lawsuit is brought against iPIVOT-now by me, my heirs, or assigns, for any reason, we specifically agree that such a lawsuit will be filed solely in the Wake County Superior Court, in the State of North Carolina, and nowhere else.
I have read and understand the terms of this Disclosure and Waiver of Liability Agreement. I am agreeing to the terms freely as a condition of being allowed to participate in the Experience, I agree to all terms of this Disclosure and Waiver of Liability Agreement.
I hereby agree to the following:
1. That I am participating in a Yoga Class, Workshop, or Pre-registered yoga session offered by iPIVOT-now during which I will receive information / instruction about Yoga. I recognize that yoga may require some physical exertion, which may be strenuous and may cause physical injury. I am fully aware of the risks and/or hazards involved.
2. I understand that it is my responsibility to consult with a physician prior to and regarding my participation in the Yoga Class, Workshop, or Pre-‐registered yoga session. I certify that I am physically fit and I have no medical condition, which would prevent my full participation in the Yoga Class, Workshop or Pre-‐registered yoga session.
3. I agree to assume full responsibility for any risks, injuries or damages, known or unknown, which I might incur as a result of participating in any yoga program at iPIVOT-now.
4. I knowingly, voluntarily, and expressly waive any claim that I may have against iPIVOT-now, its instructors and staff, and its owners, for any injury, death or damages that I may sustain as a result of being in the iPIVOT-now facility or as a result of participating in a Yoga Class, Workshop or Pre-‐registered yoga session; including loss that may be caused by the negligence of the released party.
5. I release and discharge iPIVOT-now, its directors, owners, staff and its instructors from any and all liability, claim, demand or action that I may have related to the loss, theft or damage of any of my personal property while at an iPIVOT-now practice site.
6. I, my heirs or legal representatives, forever release, waive, discharge and covenant negligence or other acts.
I have read the above release and waiver of liability and fully understand its contents. I am 18 years of age or older and voluntarily agree to the terms and conditions stated above.
Herbal/Supplement Information Waiver
I understand that herbs are dietary supplements and are utilized to strengthen and support overall health and wellness. Herbs, along with nutritional and lifestyle suggestions can serve as an excellent adjunct to a medical doctor’s treatment but are not a substitute for that Treatment. An herbalist can neither diagnose nor treat disease.
Risks /Possible Side Effects
The historical record and modern research indicate that the herbs most often used for health promotion have an exceptional safety record. However, adverse events can occur. Side effects that have occasionally been reported after using herbs include headaches, skin rashes and digestive upsets. Such responses usually resolve rapidly. Allergic reactions, although rare, have been reported. Should adverse reactions occur, you agree to, if necessary, seek appropriate medical care.
Herb Drug Interactions
Although speculative interactions between herbs and drugs are sometimes publicized, confirmed cases are rare. Nevertheless, some prescription drugs are very strong and have a narrow range of safe dosage. It is my responsibility to fully evaluate any medications currently in use, including other herbs and supplements, so that they can make an informed choice. Any suggestion that the effect of a drug is being altered by simultaneous use of an herb should be reported directly to all health professionals involved. It is advised to stop taking herbal products, whatever time frame as directed by your medical care team, before surgery, and in the event of being prescribed anticoagulants, antiepileptic drugs, digoxin, or chemotherapy drugs, discontinue use of the herb until expert advice is received.
We stay current with the literature on herbal safety and will not expose students to plants doses known to have toxic effects. The organs that are most vulnerable to any potent substances are the liver and kidneys, and it is important for students with any previous history of disease with either of these organs to be aware of the risk. Herbs should not be used in pregnancy or lactation without expert advice. Students who become pregnant should stop taking herbs until advice is received.
Each person/student is unique and has ultimate responsibility for their own health care. You acknowledge that you have not received any guarantees or promises as to the results or success that will be obtained from the information provided.
Terms of Service
These Terms of Service (“Terms”) are a legal agreement between you and iPIVOT-now (“iPIVOT-now,” “us,” or “we”) regarding your use of services available at www.iPIVOT-now.com (together, the “Service(s)”). BY USING ANY PORTION OF THE SERVICE, YOU ARE AGREEING TO BE BOUND BY AND ARE BECOMING A PARTY TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SERVICE. Service Description The Service is an educational tool designed to help with various forms of fitness, health and wellbeing, including but not limited to the practice of yoga, herbal medicine, meditation, and breathwork. Eligibility You must be 18 years of age or older to use the Service. You represent and warrant that any profile information you submit is true and accurate and that you are 18 years of age or older and are fully able and competent to enter into and abide by these Terms. The Service is not intended for those under the age of 18. Use of the Service is void where prohibited. Account In order to use the Service, you must create an account. When registering for an account, you must provide accurate and complete information and promptly update this information to keep it current. If you provide any information that is inaccurate or incomplete, or we have reason to believe that the information is inaccurate or incomplete, we may suspend or terminate your account and your use of the Service. You are solely responsible for all activities that occur through your account. To protect your account from unauthorized use, do not provide your username or password to anyone else. Please notify us immediately of any unauthorized use of your account or any other breach of security by sending an email to contact@iPIVOT-now.com. Subscription Services Certain parts of the Service may be subject to payments now and in the future (the “Subscription Service(s)”). Please see our FAQ at www.iPIVOT-now/faq for a description of the current Subscription Services. iPIVOT-now makes no guarantee that it will continue providing any of the specific services listed on its FAQ or on its in-App payment screen throughout the term of your subscription. It is possible that certain items from the Subscription Services will become free features, or that they will be removed from the App entirely. We may also add new items to the Subscription Services throughout your subscription term. Please note that any payment terms presented to you in the process of using or signing up for a Subscription Service are deemed part of this Agreement. In our continued assessment of the Subscription Services, we may from time to time, with respect to any or all of our users, experiment with or otherwise offer certain features or other elements of the Services, including promotional features, user interfaces, plans, pricing, and advertisements. You acknowledge that iPIVOT-now may do so in iPIVOT-now’s sole discretion at any time without notice. You also agree that iPIVOT-now. will not be liable to you for any modification, suspension, or discontinuance of the Services, although if you subscribe to the Subscription Services and iPIVOT-now suspends or discontinues your subscription to the Subscription Services, iPIVOT-now may, in its sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account). However, if iPIVOT-now terminates your account or suspends or discontinues your access to Services due to your violation of these Terms, then you will not be eligible for any such credit, refund, discount or other consideration.
Any promotion code or offer provided by us may not be used in conjunction with any other promotion code or offer, past or present. Introductory offers are only available to new users of the Service, except where expressly stated otherwise. Previous users or trial users of the Service do not qualify as a new user. Any free trial or other promotion that provides access to a Subscription Service must be used within the specified time of the trial. You must stop using a Subscription Service before the end of the trial period in order to avoid being charged for that Subscription Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Subscription Service, please contact us at contact@iPIVOT-now.com Unless otherwise specified, trial offers are one-time only for new members and are limited to one per household. Additional terms and limitations may apply to trial offers and promotions and will be more fully explained at the time you sign up. Any such additional terms and limitations are deemed part of this Agreement.
Subject to the terms and conditions of these Terms, iPIVOT-now grants you a personal, non-exclusive, non-assignable, non-transferable, revocable license to access and use the Service, including a reasonable number of copies of any content, material or software made available by iPIVOT-now, for noncommercial and personal use only. You must comply with all applicable laws when using the Service. Except as may be expressly permitted by applicable law or expressly enabled by a feature of the Service, you will not, and will not permit anyone else to: (a) store, copy, modify, or distribute any of the content made available on the Service; (b) compile or collect any content available on the Service as part of a database or other work; (c) use any automated tool (e.g., robots, spiders) or manual process to monitor, store, copy, modify, distribute, or resell any content from the Service; (d) frame or otherwise incorporate the Service or any portion of the Service as part of another website or service; (e) reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes any portion of the Service (including the display of third party advertising); (f) circumvent or disable any digital rights management, usage rules, or other security features of the Service, or any content available on the Service; (g) use the Service in a manner that threatens the integrity, performance, or availability of the Service; (h) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Service or any content available from the Service.
iPIVOT-now respects the intellectual property rights of others, and asks you to do the same. It is iPIVOT-now’s policy to terminate the access privileges of those who repeatedly infringe the copyright rights of others. If you believe that your work has been posted on the Service in a way that constitutes copyright infringement, please contact iPIVOT-now copyright agent at the address below and provide the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyright-protected work that you claim has been infringed; (c) the location on the Service of the material that you claim is infringing; (d) your address, telephone number, and email address; (e) a statement by you regarding your good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (f) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. By submitting a copyright infringement notice, you acknowledge and agree that iPIVOT-now or its copyright agent may forward the information you provide in this notice to the person who uploaded the allegedly infringing material. You may write to iPIVOT-now designated agent for notice of copyright infringement at: iPIVOT-now Attn: Copyright Agent. Ownership;
If you provide feedback to iPIVOT-now regarding the Service (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize iPIVOT-now to use that Feedback without restriction and without payment to you. Accordingly, you hereby grant to iPIVOT-now a nonexclusive, royalty-free, fully-paid, perpetual, irrevocable, transferable, and fully sublicensable right to use the Feedback in any manner and for any purpose.
Changes to Terms
We reserve the right to modify these Terms from time to time. If we modify these Terms, we will indicate that we have done so on the iPIVOT-now website at http://www.iPIVOT-now.com/terms or otherwise provide you notice. It is your responsibility to review these Terms regularly. Use of the Service after the effective date of a modification constitutes your acceptance of any modified Terms.
You may terminate your use of the Service at any time by terminating your account and deleting any iPIVOT-now software from your device or personal computer. Termination of your account is your sole right and remedy with respect to any dispute with iPIVOT-now regarding the Service or these Terms. iPIVOT-now may suspend or terminate your access to the Service at any time, for any reason. If iPIVOT-now suspects that you have violated any provision of these Terms, iPIVOT-now may also seek any other available legal remedy. Your rights under these Terms will terminate automatically if you fail to comply with any of these Terms. Upon termination, you must destroy or delete any copy of iPIVOT-now software in your possession. You remain solely liable for all obligations related to use of the Service, even after you have stopped using the Service. Neither iPIVOT-now nor any of its licensors, suppliers, or publishers are liable to you or to any third party for any loss caused by any termination of the Service or termination of your access to the Service. Third-Party Content We may email or provide you coupons, offers, and other specials from third parties (collectively “Promotions”). iPIVOT-now is not responsible for the redemption, errors, omissions, or expiration of Promotions. All Promotions featured as a part of the Service are subject to change without notice and we have no control over their legality or the ability of any merchant to complete the Promotion (including, the sale in accordance with the offer). The Service may contain links to Web pages and content of third parties (“Third-Party Content”) as a service to those interested in this information. We do not monitor, endorse, or adopt, or have any control over, any Third-Party Content. We undertake no responsibility to update or review any Third-Party Content and can make no guarantee as to its accuracy or completeness. Additionally, if you follow a link or otherwise navigate away from the Service, please be aware that these Terms will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any Third-Party Content provider to which you navigate from the Service. You access and use Third-Party Content at your own risk. The Service may contain advertisements and promotions from third parties. Your business dealings or correspondence with, or participation in promotions of, advertisers other than us, and any terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party.
Health Disclaimer and Warning
iPIVOT-now offers fitness, health and well-being information designed for educational purposes only. You should not rely on the information in any Application made by iPIVOT-now (including but not limited to desktop, mobile, and device Applications, website, blogs, and any social media pages maintained by iPIVOT-now) as a substitute for professional medical advice, diagnosis, or treatment. We are not a healthcare provider, and our Applications should not be considered medical advice. We do not in any way guarantee or warrant the accuracy, completeness, or usefulness of any content found in any Application. The use of any information provided on this or any other Application made by iPIVOT-now is solely at your own risk. Do not use any Application while driving, operating heavy machinery, or engaging in another activity that requires concentration. We assume no responsibility for injuries suffered while practicing these techniques and iPIVOT-now shall not be held liable for any damages, circumstances, conditions or injuries that may occur, directly or indirectly, from engaging in any activities or ideas presented in any Application made by iPIVOT-now. Engaging in any fitness, health or well-being activity, including but not limited to the practice of yoga or any other form of mental or physical exercise, carries risk of injury. We do not recommend engaging in any health or fitness activity without appropriate supervision if you are pregnant or under 18 years of age. By using any Application, you accept all responsibility for your physical and mental health and any resultant injury or mishap that may affect your well-being or health and/or your baby’s well-being or health in any way. Consult with your physician or health care provider before starting any fitness, health or wellbeing program, or if you have any questions or concerns about your physical or mental health. Do not start a fitness, health or wellbeing program if your physician or healthcare provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising or using any of our Applications, you should stop immediately and seek immediate medical attention. If you experience anxiety, depression, or the worsening of any psychological condition while using any of our Applications, you should stop immediately and seek medical attention.
Disclaimer of Warranties
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. iPIVOT-NOW , ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. iPIVOT-NOW DOES NOT WARRANT UNINTERRUPTED USE OR OPERATION OF THE SERVICE OR THAT ANY DATA SENT BY OR TO YOU WILL BE ACCURATE, COMPLETE, TRANSMITTED IN UNCORRUPTED FORM, OR TRANSMITTED WITHIN A REASONABLE AMOUNT OF TIME. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DELAY OR LOSS OF ANY KIND THAT RESULTS FROM YOUR ACCESS OR USE OF THE SERVICE, INCLUDING LOSS OF ANY LOSS OR HARM TO YOUR MOBILE DEVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM iPIVOT-NOW, THROUGH OR FROM THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME STATES MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE. Limitation of Liability NEITHER iPIVOT-NOW NOR ITS AFFILIATES, LICENSORS, SUPPLIERS, OR DISTRIBUTORS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES EVEN IF ADVISED OF THE POSSIBILITY OF THESE DAMAGES, RESULTING FROM YOUR ACCESS OR USE OF THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THESE TERMS, THE MAXIMUM TOTAL LIABILITY OF iPIVOT-NOW, ITS AFFILIATES, LICENSORS, SUPPLIERS, AND DISTRIBUTORS TO YOU FOR ANY CLAIM RELATED TO THE SERVICE, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS THE GREATER OF THE AMOUNT YOU PAID FOR THE SERVICE OR $10. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THESE TERMS BETWEEN THE PARTIES. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. Indemnity You will defend, indemnify and hold iPIVOT-now, its affiliates, directors, officers, agents, employees, and its licensors, suppliers, and Distributors harmless from any costs, damages, expenses, and liability caused by your use of the Service, your violation of these Terms, or your violation of any rights of a third party through use of the Service. Assignment These Terms, and any rights or licenses granted under these Terms, may not be transferred or assigned by you, but may be assigned by iPIVOT-now without restriction. Any assignment attempted in violation of these Terms is void.
Governing Law; Venue
These Terms will be governed by and construed in accordance with the laws of the North Carolina, excluding its conflict of law provisions. You agree that any judicial proceedings will be brought in and you hereby consent to the exclusive jurisdiction and venue in the state and federal courts in Cary, North Carolina. Claims YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE MUST COMMENCE WITHIN ONE YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, THAT CAUSE OF ACTION IS PERMANENTLY BARRED.
Waiver and Severability of Terms
The failure of Yoga iPIVOT-now to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by iPIVOT-now. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms remain in full force and effect.
Consent to Electronic Communications
By using the Service, you consent to receive electronic communications from us. These communications may include notices about your account and information concerning or related to the Service. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You are solely responsible for all fees charged by your telecommunications service provider or any other service provider related to your use of the Service, including without limitation any SMS / text messaging fees, data charges, and other fees.
These Terms are the entire agreement between you and iPIVOT-now regarding your use of the Service. Contacting iPIVOT-now For questions, comments, complaints, or claims related to the Service, please contact iPIVOT-now at: iPIVOT-now, 400 Widdington Lane, Suite 100, Cary, North Carolina or contact@iPIVOT-now.com Last Updated: June 19, 2023