Welcome to ProSys InterConnect, which is a B2B eProcurement and self-service ecommerce platform provided by and owned by ProSys Information Systems, Inc. and/or its affiliates (“ProSys”). These Terms of Use (“Terms of Use”) apply to the ProSys InterConnect website and services, www.ProSysIS.com, and all associated ProSys sites linked thereto and operated by ProSys (collectively the “Site”).
Please review these Terms of Use carefully. These Terms of Use apply when you visit or shop at the Site as well as your use and purchase of products from or through our Site.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SITE.
License
Subject to your compliance with these Terms of Use, any additional terms and conditions or policies provided on or through the Site, and your payment of any applicable amounts due for purchases from or through the Site, ProSys grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Site solely for your internal B2B eProcurement and self-service ecommerce purposes. All rights not expressly granted to you in these Terms of Use or any other terms and conditions or policies located on the Site are reserved and retained by ProSys or its suppliers/licensors. No portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the express written consent of ProSys. The licenses granted by ProSys herein terminate if you do not comply with these Terms of Use or any other terms and conditions or policies contained on the Site. ProSys offers a wide range of services beyond ProSys Interconnect, and additional terms may apply to such additional services. If ProSys provides additional services to you, you will also be subject to the terms and agreements applicable to that service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control with respect to the additional services.
Modification and Severability
ProSys reserves the right in its sole discretion to modify, alter, add or remove portions, or update these Terms of Use, our policies and additional terms and conditions, and our Site at any time. Changes to the Terms of Use will be posted here and the date will be updated to show that an update has been made. Your continued use of the Site following the posting of changes or any other modifications to our policies, terms and conditions and our Site will mean that you accept and agree to the changes and modifications. If any portion of these Terms of Use are deemed invalid, void, or unenforceable for any reason in a judicial proceeding, that portion will be deemed severable and will not affect the validity and enforceability of the remaining terms.
Content, Copyright and Trademarks
All of the Site’s content including, but not limited to, the design of the website, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, digital downloads, artwork and computer code (collectively, “Content”), and their arrangement are the property of ProSys or its suppliers/licensors and are protected by United States and international copyright and intellectual property law. All trademarks used or referred to on the Site are the property of their respective owners. ProSys InterConnect, ProSys Information Systems, Inc. and their accompanying logos are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by ProSys. Nothing contained in the Site will be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of ProSys or any third party. The Site and the Content, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of ProSys.
Links to Other Websites and Services
The Site may include links to other Internet sites maintained by third parties (“Linked Sites”). ProSys provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by ProSys of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of ProSys and ProSys is not responsible for the contents or terms and conditions of any Linked Site.
Product Information, Pricing, Availability, and Pass Through Warranties
ProSys strives to be as accurate as possible. However, ProSys does not warrant that product descriptions or any other content on the Site is accurate, complete, reliable, current, or error free.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. The price displayed is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We cannot confirm the price of an item or service until your order is processed. If the correct price of an item that you order is higher than our stated price, we will, in our sole discretion, either contact you to confirm whether you want to place the order or cancel your order and notify you of such cancellation.
We do not guarantee availability of the products on our Site as such Products may be low in stock. If the products that you order are available by the time your order is processed, we will notify you via e-mail.
UNLESS OTHERWISE SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND PROSYS AND/OR THE ADDITIONAL TERMS AND CONDITIONS OR POLICIES PROVIDED ON OR THROUGH THE SITE, ALL PRODUCT WARRANTY AND WARRANTY INFORMATION, IF APPLICABLE, ARE PROVIDED BY THE MANUFACTURER OF THE PRODUCTS, AND PROSYS USES COMMERCIALLY REASONABLE EFFORTS TO PASS THROUGH TO YOU ALL WARRANTIES GIVEN BY THE MANUFACTURER OF SUCH PRODUCTS, IF ANY, IF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THE MANUFACTURER’S CONTRACT AND/OR TERMS AND CONDITIONS. PROSYS PROVIDES NO WARRANTIES AS TO THE PRODUCTS FROM PROSYS.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
THE SITE AND ITS CONTENT AND ANY PRODUCTS ARE PROVIDED "AS IS" AND PROSYS MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE CONTENT. THE PRODUCTS OR THE SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PROSYS EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PROSYS DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH PROSYS ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
IN NO EVENT WILL PROSYS NOR ITS SUPPLIERS/LICENSORS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND WHATSOEVER (WHETHER ACTUAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR LOSS OF DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE,INCLUDING YOUR USE OR INABILITY TO USE THE SITE, OR ANY CONTENT ON OR ACCESSED THROUGH THE SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. PROSYS IS NOT LIABLE FOR ANY ILLEGAL CONDUCT OF ANY USER. IN NO EVENT SHALL PROSYS’S LIABILITY FOR ANY TRANSACTION THROUGH THE SITE EXCEED THE PAYMENTS MADE BY YOU TO PROSYS SOLELY WITH RESPECT TO SUCH TRANSACTION.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH ANY OF PROSYS’S TERMS OF USE OR POLICIES OR OTHER TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PROSYS, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. ProSys reserves the right to terminate any account at any time in its sole discretion.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by ProSys. If in ProSys’s sole discretion you fail to comply with any term or provision hereof, ProSys may deny you access to the Site. In the event of denial of access by ProSys, you are no longer authorized to access the Site. The applicable terms of this Terms of Use will still continue in force, including but not limited to the disclaimers and limitations of liabilities and your indemnification obligations as set forth herein. These Terms of Use, together with ProSys’s policies and additional terms and conditions, constitute the entire agreement between you and ProSys relating to the subject matter addressed herein.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or through the Site) using or related to the Site shall be the laws of the State of Delaware without regard to choice of law rules. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using the Site, shall be brought by you only in the state or federal courts of the District of Delaware, USA, and you and ProSys do hereby consent to the jurisdiction and venue of such courts regardless of where you are located or from where in the world you visited the Site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree that you will not access or use the information on the site in violation of such laws. You represent that you have the lawful right to submit any information that you provide.
Other Policies
Please review the other policies located on the Site, including our privacy policy. These policies also govern your use of the Site.
Revised: November 5, 2024
Welcome to Computacenter InterConnect, which is a B2B eProcurement and self-service ecommerce platform provided by and owned by Computacenter United States Inc. and/or its affiliates (“Computacenter”). These Terms of Use (“Terms of Use”) apply to the Computacenter InterConnect website and services, www.computacenter.com, and all associated Computacenter sites linked thereto and operated by Computacenter (collectively the “Site”).
Please review these Terms of Use carefully. These Terms of Use apply when you visit or shop at the Site as well as your use and purchase of products from or through our Site.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SITE.
License
Subject to your compliance with these Terms of Use, any additional terms and conditions or policies provided on or through the Site, and your payment of any applicable amounts due for purchases from or through the Site, Computacenter grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Site solely for your internal B2B eProcurement and self-service ecommerce purposes. All rights not expressly granted to you in these Terms of Use or any other terms and conditions or policies located on the Site are reserved and retained by Computacenter or its suppliers/licensors. No portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the express written consent of Computacenter. The licenses granted by Computacenter herein terminate if you do not comply with these Terms of Use or any other terms and conditions or policies contained on the Site. Computacenter offers a wide range of services beyond Computacenter Interconnect, and additional terms may apply to such additional services. If Computacenter provides additional services to you, you will also be subject to the terms and agreements applicable to that service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control with respect to the additional services.
Modification and Severability
Computacenter reserves the right in its sole discretion to modify, alter, add or remove portions, or update these Terms of Use, our policies and additional terms and conditions, and our Site at any time. Changes to the Terms of Use will be posted here and the date will be updated to show that an update has been made. Your continued use of the Site following the posting of changes or any other modifications to our policies, terms and conditions and our Site will mean that you accept and agree to the changes and modifications. If any portion of these Terms of Use are deemed invalid, void, or unenforceable for any reason in a judicial proceeding, that portion will be deemed severable and will not affect the validity and enforceability of the remaining terms
Content, Copyright and Trademarks
All of the Site’s content including, but not limited to, the design of the website, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, digital downloads, artwork and computer code (collectively, “Content”), and their arrangement are the property of Computacenter or its suppliers/licensors and are protected by United States and international copyright and intellectual property law. All trademarks used or referred to on the Site are the property of their respective owners. Computacenter InterConnect, Computacenter United States Inc. and their accompanying logos are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Computacenter. Nothing contained in the Site will be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Computacenter or any third party. The Site and the Content, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Computacenter.
Links to Other Websites and Services
The Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Computacenter provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Computacenter of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of Computacenter and Computacenter is not responsible for the contents or terms and conditions of any Linked Site.
Product Information, Pricing, Availability, and Pass Through Warranties
Computacenter strives to be as accurate as possible. However, Computacenter does not warrant that product descriptions or any other content on the Site is accurate, complete, reliable, current, or error free.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. The price displayed is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We cannot confirm the price of an item or service until your order is processed. If the correct price of an item that you order is higher than our stated price, we will, in our sole discretion, either contact you to confirm whether you want to place the order or cancel your order and notify you of such cancellation.
We do not guarantee availability of the products on our Site as such Products may be low in stock. If the products that you order are available by the time your order is processed, we will notify you via e-mail.
UNLESS OTHERWISE SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND COMPUTACENTER AND/OR THE ADDITIONAL TERMS AND CONDITIONS OR POLICIES PROVIDED ON OR THROUGH THE SITE, ALL PRODUCT WARRANTY AND WARRANTY INFORMATION, IF APPLICABLE, ARE PROVIDED BY THE MANUFACTURER OF THE PRODUCTS, AND COMPUTACENTER USES COMMERCIALLY REASONABLE EFFORTS TO PASS THROUGH TO YOU ALL WARRANTIES GIVEN BY THE MANUFACTURER OF SUCH PRODUCTS, IF ANY, IF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THE MANUFACTURER’S CONTRACT AND/OR TERMS AND CONDITIONS. COMPUTACENTER PROVIDES NO WARRANTIES AS TO THE PRODUCTS FROM COMPUTACENTER.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
THE SITE AND ITS CONTENT AND ANY PRODUCTS ARE PROVIDED "AS IS" AND COMPUTACENTER MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE CONTENT. THE PRODUCTS OR THE SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. COMPUTACENTER EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
COMPUTACENTER DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH COMPUTACENTER ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK
IN NO EVENT WILL COMPUTACENTER NOR ITS SUPPLIERS/LICENSORS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND WHATSOEVER (WHETHER ACTUAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR LOSS OF DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE,INCLUDING YOUR USE OR INABILITY TO USE THE SITE, OR ANY CONTENT ON OR ACCESSED THROUGH THE SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. COMPUTACENTER IS NOT LIABLE FOR ANY ILLEGAL CONDUCT OF ANY USER. IN NO EVENT SHALL COMPUTACENTER’S LIABILITY FOR ANY TRANSACTION THROUGH THE SITE EXCEED THE PAYMENTS MADE BY YOU TO COMPUTACENTER SOLELY WITH RESPECT TO SUCH TRANSACTION.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH ANY OF COMPUTACENTER’S TERMS OF USE OR POLICIES OR OTHER TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS COMPUTACENTER, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Computacenter reserves the right to terminate any account at any time in its sole discretion.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by Computacenter. If in Computacenter’s sole discretion you fail to comply with any term or provision hereof, Computacenter may deny you access to the Site. In the event of denial of access by Computacenter, you are no longer authorized to access the Site. The applicable terms of this Terms of Use will still continue in force, including but not limited to the disclaimers and limitations of liabilities and your indemnification obligations as set forth herein. These Terms of Use, together with Computacenter’s policies and additional terms and conditions, constitute the entire agreement between you and Computacenter relating to the subject matter addressed herein.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or through the Site) using or related to the Site shall be the laws of the State of Delaware without regard to choice of law rules. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using the Site, shall be brought by you only in the state or federal courts of the District of Delaware, USA, and you and Computacenter do hereby consent to the jurisdiction and venue of such courts regardless of where you are located or from where in the world you visited the Site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree that you will not access or use the information on the site in violation of such laws. You represent that you have the lawful right to submit any information that you provide.
Other Policies
Please review the other policies located on the Site, including our privacy policy. These policies also govern your use of the Site.
Revised: November 5, 2024
Welcome to Computacenter Canada, which is a B2B eProcurement and self-service ecommerce platform provided by and owned by Pivot Technology Solutions, Inc. and/or its affiliates (“Pivot”). These Terms of Use (“Terms of Use”) apply to the Pivot InterConnect website and services, www.pivotts.com, and all associated Pivot sites linked thereto and operated by Pivot (collectively the “Site”).
Please review these Terms of Use carefully. These Terms of Use apply when you visit or shop at the Site as well as your use and purchase of products from or through our Site.
BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE. IF YOU DO NOT AGREE, YOU ARE NOT AUTHORIZED TO USE THE SITE.
License
Subject to your compliance with these Terms of Use, any additional terms and conditions or policies provided on or through the Site, and your payment of any applicable amounts due for purchases from or through the Site, Pivot grants to you a limited, non-exclusive, non-transferable, non-sublicensable license to access and make use of the Site solely for your internal B2B eProcurement and self-service ecommerce purposes. All rights not expressly granted to you in these Terms of Use or any other terms and conditions or policies located on the Site are reserved and retained by Pivot or its suppliers/licensors. No portion of the Site may be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any purpose without the express written consent of Pivot. The licenses granted by Pivot herein terminate if you do not comply with these Terms of Use or any other terms and conditions or policies contained on the Site.
Pivot offers a wide range of services beyond Pivot Interconnect, and additional terms may apply to such additional services. If Pivot provides additional services to you, you will also be subject to the terms and agreements applicable to that service (“Service Terms”). If these Terms of Use are inconsistent with the Service Terms, the Service Terms will control with respect to the additional services.
Modification and Severability
Pivot reserves the right in its sole discretion to modify, alter, add or remove portions, or update these Terms of Use, our policies and additional terms and conditions, and our Site at any time. Changes to the Terms of Use will be posted here and the date will be updated to show that an update has been made. Your continued use of the Site following the posting of changes or any other modifications to our policies, terms and conditions and our Site will mean that you accept and agree to the changes and modifications. If any portion of these Terms of Use are deemed invalid, void, or unenforceable for any reason in a judicial proceeding, that portion will be deemed severable and will not affect the validity and enforceability of the remaining terms.
Content, Copyright and Trademarks
All of the Site’s content including, but not limited to, the design of the website, text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, digital downloads, artwork and computer code (collectively, “Content”), and their arrangement are the property of Pivot or its suppliers/licensors and are protected by United States and international copyright and intellectual property law. All trademarks used or referred to on the Site are the property of their respective owners. Pivot InterConnect, Pivot Technology Solutions and their accompanying logos are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by Pivot. Nothing contained in the Site will be construed as conferring by implication, estoppel or otherwise, any license or right to any copyright, patent, trademark or other proprietary interest of Pivot or any third party. The Site and the Content, including, but not limited to, graphic images, audio, video, html code, buttons, and text, may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, without the prior written consent of Pivot.
Links to Other Websites and Services
The Site may include links to other Internet sites maintained by third parties (“Linked Sites”). Pivot provides Linked Sites to you solely as a convenience, and the inclusion of Linked Sites does not imply endorsement by Pivot of the Linked Sites. You access Linked Sites at your own risk and by accessing them you leave the Site. Linked Sites are not under the control of Pivot and Pivot is not responsible for the contents or terms and conditions of any Linked Site.
Product Information, Pricing, Availability, and Pass Through Warranties
Pivot strives to be as accurate as possible. However, Pivot does not warrant that product descriptions or any other content on the Site is accurate, complete, reliable, current, or error free.
The prices displayed on the Site are quoted in U.S. dollars, unless otherwise indicated. The price displayed is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. We cannot confirm the price of an item or service until your order is processed. If the correct price of an item that you order is higher than our stated price, we will, in our sole discretion, either contact you to confirm whether you want to place the order or cancel your order and notify you of such cancellation.
We do not guarantee availability of the products on our Site as such Products may be low in stock. If the products that you order are available by the time your order is processed, we will notify you via e-mail.
UNLESS OTHERWISE SET FORTH IN A SEPARATE AGREEMENT BETWEEN YOU AND PIVOT AND/OR THE ADDITIONAL TERMS AND CONDITIONS OR POLICIES PROVIDED ON OR THROUGH THE SITE, ALL PRODUCT WARRANTY AND WARRANTY INFORMATION, IF APPLICABLE, ARE PROVIDED BY THE MANUFACTURER OF THE PRODUCTS, AND PIVOT USES COMMERCIALLY REASONABLE EFFORTS TO PASS THROUGH TO YOU ALL WARRANTIES GIVEN BY THE MANUFACTURER OF SUCH PRODUCTS, IF ANY, IF AND TO THE MAXIMUM EXTENT PERMITTED BY LAW OR THE MANUFACTURER’S CONTRACT AND/OR TERMS AND CONDITIONS. PIVOT PROVIDES NO WARRANTIES AS TO THE PRODUCTS FROM PIVOT.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNIFICATION
THE SITE AND ITS CONTENT AND ANY PRODUCTS ARE PROVIDED "AS IS" AND PIVOT MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WITH RESPECT TO THE CONTENT. THE PRODUCTS OR THE SITE OR ANY SITE OR SERVICE ACCESSIBLE THROUGH THE SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. PIVOT EXPRESSLY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES OF ANY KIND INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
PIVOT DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THE SITE OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS. ALTHOUGH PIVOT ENDEAVORS TO PROVIDE ACCURATE INFORMATION, IT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE ACCURACY OR RELIABILITY OF INFORMATION ON THE SITE. YOUR USE OF THE SITE IS AT YOUR OWN RISK.
IN NO EVENT WILL PIVOT NOR ITS SUPPLIERS/LICENSORS PROVIDERS BE LIABLE TO ANY PARTY FOR ANY DIRECT OR INDIRECT LOSS, INJURY, CLAIM, OR DAMAGE OF ANY KIND WHATSOEVER (WHETHER ACTUAL, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR LOSS OF DATA) WITHOUT REGARD TO THE FORM OF ACTION AND WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SITE,INCLUDING YOUR USE OR INABILITY TO USE THE SITE, OR ANY CONTENT ON OR ACCESSED THROUGH THE SITE OR ANY SITE SERVICE LINKED TO, OR ANY COPYING, DISPLAYING, OR USE THEREOF. PIVOT IS NOT LIABLE FOR ANY ILLEGAL CONDUCT OF ANY USER. IN NO EVENT SHALL PIVOT’S LIABILITY FOR ANY TRANSACTION THROUGH THE SITE EXCEED THE PAYMENTS MADE BY YOU TO PIVOT SOLELY WITH RESPECT TO SUCH TRANSACTION.
IF YOU ARE DISSATISFIED WITH THE SITE OR ANY CONTENT ON THE SITE, OR WITH ANY OF PIVOT’S TERMS OF USE OR POLICIES OR OTHER TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PIVOT, ITS SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, DISTRIBUTORS, SUPPLIERS, LICENSORS AND AFFILIATES FROM AND AGAINST ANY AND ALL THIRD PARTY CLAIMS, DEMANDS, LIABILITIES, COSTS OR EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES, RESULTING OR ARISING OUT OF YOUR BREACH OF ANY OF THESE TERMS OF USE.
Your Account
If you use the Site, you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password. Pivot reserves the right to terminate any account at any time in its sole discretion.
Denial of Access
These Terms of Use constitute an agreement that is effective unless and until terminated by Pivot. If in Pivot’s sole discretion you fail to comply with any term or provision hereof, Pivot may deny you access to the Site. In the event of denial of access by Pivot, you are no longer authorized to access the Site. The applicable terms of this Terms of Use will still continue in force, including but not limited to the disclaimers and limitations of liabilities and your indemnification obligations as set forth herein. These Terms of Use, together with Pivot’s policies and additional terms and conditions, constitute the entire agreement between you and Pivot relating to the subject matter addressed herein.
Applicable Law
The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or through the Site) using or related to the Site shall be the laws of the State of Delaware without regard to choice of law rules. You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Delaware. All proceedings relating to the Site, these Terms of Use, or any transaction, including the sale of any products, using the Site, shall be brought by you only in the state or federal courts of the District of Delaware, USA, and you and Pivot do hereby consent to the jurisdiction and venue of such courts regardless of where you are located or from where in the world you visited the Site.
You are responsible for complying with the laws of the jurisdiction from which you are accessing the Site and you agree that you will not access or use the information on the site in violation of such laws. You represent that you have the lawful right to submit any information that you provide.
Other Policies
Please review the other policies located on the Site, including our privacy policy. These policies also govern your use of the Site.
Revised: October 6, 2020
