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PIVOTSUBSCRIPTIONS.COM TERMS AND CONDITIONS


LAST UPDATED: 9 MAY, 2019

Introduction

Welcome to www.pivotsubscriptions.com (the "Website"). The Website is operated by Pivot Furniture Technologies Inc. ("Pivot", "we", "us" or "our"). Pivot provides the Website, including all subscriptions, information, tools, products and services available from the Website to you (collectively, the "Services"), the user, conditioned on your acceptance of all terms and conditions contained herein including those incorporated herein by reference (collectively, the "Terms and Conditions").

BY VISITING THE WEBSITE AND/OR USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS. Please read the Terms and Conditions before accessing or using the Website or the Services. If you do not agree to all the Terms and Conditions then you may not access the Website or use the Services.

You can review the current version of the Terms and Conditions at any time on this page. We reserve the right to update, change or replace any part of these Terms and Conditions by posting changes to the Website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Website and/or the Services following the posting of any changes constitutes acceptance of any changes to the Terms and Conditions.

THESE TERMS AND CONDITIONS CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS FURTHER SET FORTH HEREIN, REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN ANY OTHER COURT PROCEEDINGS OR CLASS ACTIONS OF ANY KIND.

Privacy

You acknowledge that you have read our Privacy Policy, as it may be updated from time to time (the "Privacy Policy"), and you hereby consent to the collection, use, disclosure and retention by us of your personal information for the purposes identified in the Privacy Policy. By using the Website, you also acknowledge and agree that electronic transmissions are never completely secure; you acknowledge that any information you provide on the Website may be read or intercepted by others and, by using the Website and the Services, you accept this risk.

Electronic Communications

By using the Services, you consent to receiving electronic communications from Pivot, including, but not limited to, communications related to: (i) your Pivot Membership (as defined below in these Terms and Conditions), including notices or communications in connection with the application, maintenance, change or renewal of your Pivot Membership; and (ii) any disclosure statement required by federal or provincial law including any disclosures required by cost of credit, consumer protection or sales of goods legislation.

You agree to promptly update your contact information, if it changes, through your online account or by contacting us at support@pivotsubscriptions.com.

All electronic communications from Pivot to you shall be considered to be in writing. YOU AGREE THAT ALL AGREEMENTS, NOTICES, MESSAGES, DISCLOSURES, AND OTHER COMMUNICATIONS THAT WE PROVIDE TO YOU ELECTRONICALLY SATISFY ANY LEGAL REQUIREMENTS THAT SUCH COMMUNICATION(S) BE IN WRITING.

Copyright

All content included in or made available through the Website or the Services (including all text, graphics, user/visual interfaces, logos, button icons, images, artwork, audio, downloads, data, computer code and software) is owned, controlled or licensed by Pivot, and is protected by copyright laws and other intellectual property rights.

Except as explicitly provided in these Terms and Conditions, no part of the Website or the Services or any content included therein may be copied, reproduced, published, displayed publicly, transmitted or distributed in any way or through any medium, without Pivot's prior written consent.

Licence and Access

Subject to your compliance with these Terms and Conditions and your payment of any required fees, Pivot grants you a limited, non-exclusive, non-transferable, non-sublicensable licence to access and make personal and non-commercial (except where expressly permitted) use of the Services and the Website. All rights not expressly granted to you in these Terms and Conditions are reserved and retained by Pivot. You may use the Services and the Website only as permitted by the Terms and Conditions and by all applicable laws. The licence granted by us to you terminates immediately if you do not comply with these Terms and Conditions.

Pivot Memberships

You need a membership to use the Services (a "Pivot Membership"). A Pivot Membership allows you to subscribe for furniture from Pivot.

The following terms and conditions are applicable to all Pivot Memberships:

  • If you are an individual, you must be at least 18 years of age or older, or at least 19 years of age or older in certain Canadian provinces, depending on the age of majority in your province of resident, to obtain a Pivot Membership. If you are a corporation, you must be duly incorporated, validly existing, and in good standing under the laws of the jurisdiction of your incorporation and have the requisite corporate power to perform your obligations under a Pivot Membership.
  • You must submit and maintain accurate and current information in connection with your Pivot Membership. Such information includes, without limitation, name, address, email address and phone number. You must ensure that your account information is current and accurate at all times. You can update your information through "My Account" or by contacting us at support@pivotsubscriptions.com. Your information is collected, used, retained and disclosed in accordance with our Privacy Policy.
  • You must have a valid payment method (that is accepted by Pivot) associated with your Pivot Membership at all times.
  • Your Pivot Membership is for a term of one month and automatically renews on or about the monthly anniversary date of your Pivot Membership, unless you take positive steps to cancel your Pivot Membership prior to the monthly anniversary date. You understand and agree that your Pivot Membership will automatically renew, and you authorize us to collect and charge the applicable monthly membership fee (the "Membership Fee") plus any taxes against any payment method we have on file for you.
  • If you wish to cancel your membership you may do so by emailing us at support@pivotsubscriptions.com. You may not cancel your membership while you are subscribing for any items; all items must be returned to Pivot prior to the cancellation of your Pivot Membership. If you cancel your Pivot Membership, your Pivot Membership will expire at the end of the current month of your Pivot Membership.
  • A Pivot Membership, and all rights granted thereby, may only be used for personal, family, or household purposes and not for any commercial purposes.
  • A Pivot Membership is not transferable or assignable to any other person and a Pivot Membership may not be used by any person other than you.
  • You are solely responsible for maintaining the confidentiality of your account. You are fully responsible for all activities that occur through your membership. You agree that you are responsible for all payments and taxes incurred by the use of the Services through your Pivot Membership, including without limitation, the Membership Fee, fees associated with subscribing for or purchasing furniture, any applicable taxes, and any applicable default charges. You hereby grant us permission to charge your payment method for all amounts due to Pivot hereunder.
  • You will be charged a $25.00 fee for any missed, rejected, or declined payment. You will also be subject to a monthly interest charge of 2% on all balances past due.
  • Pivot reserves the right, in its sole and absolute discretion, to exclude any person from the Pivot Membership program or to terminate any Pivot Membership for any reason including, without limitation, abuse of the Pivot Membership, failure to comply with these Terms and Conditions, fraud, misrepresentation or other conduct detrimental to the interests of Pivot or any other person.
  • Pivot may require credit checks to approve you for a Pivot Membership. YOU HEREBY AUTHORIZE PIVOT TO COLLECT, RETAIN AND DISCLOSE PERSONAL INFORMATION RELATING TO YOUR CREDIT HISTORY AND CREDIT STATUS TO AND FROM CREDIT-REPORTING AGENCIES, CREDIT BUREAUS AND FINANCIAL INSTITUTIONS IN ORDER TO ASSESS YOUR CREDITWORTHINESS.

If you wish to use your Pivot Membership for any commercial purpose, you must have an "Executive Pivot Membership". An Executive Pivot Membership is subject to all of the terms and conditions set forth above, except as modified by the following:

  • An Executive Pivot Membership may be used for commercial purposes.
  • Furniture subscribed through an Executive Pivot Membership may be used to furnish a rental suite, provided that you ensure the tenant(s) of such rental suite obtain and hold appropriate tenant's insurance at all applicable times.
Staging

Furniture may be used to "stage" (i.e., furnish a property for sale to enhance its appeal to potential buyers) a property on the payment of a staging fee of $500.00 per address per month. You must inform us when furniture is subscribed for the purposes of staging a property. Furniture subscribed to any address publicly listed for sale shall be deemed to be subject to the foregoing fee.

Furniture Subscriptions

To subscribe for furniture from Pivot you must have a Pivot Membership and you must agree to the terms of a furniture subscription agreement (the "Subscription Agreement"). You must carefully review, understand, and consent to the terms of the Subscription Agreement prior to your acceptance of the Subscription Agreement and prior to subscribing for furniture. The Subscription Agreement may be provided to you in electronic format and you hereby consent to delivery of the Subscription Agreement in electronic format.

The terms and conditions contained in the Subscription Agreement are hereby incorporated into and made a part of these Terms and Conditions.

The subscription agreement will be presented on checkout or under My Account > Profile for existing customers.

Pivot Care

Provided you qualify, you may obtain PivotCare for your subscribed furniture. The terms and conditions of PivotCare are here.

Pricing

Retail prices displayed on the Website are the suggested retail prices of products as provided by Pivot or a manufacturer, supplier or seller.

Monthly subscription prices are determined by Pivot in its sole discretion and, subject to the terms of any Subscription Agreement, may be changed by Pivot at any time and from time to time in Pivot's sole discretion.

Terms of Payment

All payments may be made by credit cards or any other method of payment accepted by Pivot, which is subject to change from time to time.

Product Descriptions

Pivot attempts to be as accurate as possible in describing the products and services offered through the Website. However, Pivot does not warrant that product descriptions or other content of the Services is accurate, complete, reliable, current, or error-free. If an item offered by Pivot is not as described, your sole remedy is to return the item to Pivot.

Disclaimer of Warranties

THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MIGHT NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

THE SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE WEBSITE OR THE SERVICES ARE PROVIDED BY PIVOT ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIVOT MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THE WEBSITE). YOU EXPRESSLY AGREE THAT YOUR USE OF THE SERVICES AND THE WEBSITE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMITTED BY LAW, PIVOT DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF TITLE, ACCURACY, MERCHANTABLE QUALITY AND FITNESS FOR A PARTICULAR PURPOSE. PIVOT DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE WEBSITE AND/OR THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE WEBSITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST PIVOT FOR DISSATISFACTION WITH THE WEBSITE OR ANY CONTENT IS TO STOP USING THE WEBSITE OR ANY SUCH CONTENT.

PIVOT DOES NOT WARRANT THAT THE SERVICES OR THE WEBSITE (INCLUDING ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR MADE AVAILABLE TO YOU THROUGH THE SERVICES OR THE WEBSITE); ITS SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM PIVOT ARE FREE OF VIRUSES OR OTHER DESTRUCTIVE FEATURES. PIVOT WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SERVICES OR THE WEBSITE (INCLUDING ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE OR THE WEBSITE), INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Pivot reserves the right to do any of the following, at any time, without notice: (1) to change, suspend or terminate operation of or access to the Website, or any part of the Website, for any reason; (2) to change any policies, terms or conditions; and (3) to interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes. Pivot does not guarantee that your use of the Website or the Services will be uninterrupted, timely, secure or error-free.

Limitation of Liability

Except where prohibited by law, in no event will Pivot, our directors, officers, employees, shareholders, agents or affiliates, be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, arising from your use of the Website or the Services, even if Pivot has been made aware of the possibility of such damages.

If, notwithstanding the other provisions of these Terms and Conditions, Pivot is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Website or the Services, Pivot's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Website paid in the twelve months prior to the date of the initial claim made against Pivot, and (2) $500.00. In jurisdictions that do not allow limitations of liability, this limitation may not apply to you.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD PIVOT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, HARMLESS FROM ANY DEMANDS, LOSS, LIABILITY, CLAIMS OR EXPENSES (INCLUDING LEGAL FEES), MADE AGAINST PIVOT, ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS AND AFFILIATES, BY ANY THIRD PARTY DUE TO OR ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE.

Violation of These Terms and Conditions

You agree that Pivot may, in our sole discretion and without prior notice, terminate your access to the Website and/or block your access to the Website if we determine that you have violated these Terms and Conditions. You also agree that any violation by you of these Terms and Conditions will constitute an unlawful and unfair business practice, and will cause irreparable harm to Pivot, for which monetary damages would be inadequate, and you consent to Pivot obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies Pivot may have at law or in equity.

If Pivot does take any legal action against you as a result of your violation of these Terms and Conditions, Pivot will be entitled to recover from you, and you agree to pay, all reasonable legal fees and costs of such action, in addition to any other relief granted to Pivot. You agree that Pivot will not be liable to you or to any third party for termination of your access to the Website as a result of any violation of these Terms and Conditions.

Pivot may disclose any of your information if we determine it is necessary in connection with any investigation or complaint regarding your use of the Website, or to identify, contact or bring legal action against someone who may be causing injury to or interference with Pivot's rights or property, or the rights or property of visitors to or users of the Website.

Applicable Law and Disputes

The validity, interpretation, construction, and performance of these Terms and Conditions shall be governed exclusively by the laws of Saskatchewan and the federal laws of Canada applicable therein.

EXCEPT WHERE PROHIBITED BY LAW, YOU AND PIVOT AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT (INCLUDING BEFORE A JURY) OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM.

Except where prohibited by law, any claim or dispute arising out of, relating to, or regarding your Pivot Membership and these Terms and Conditions, including their validity, existence, breach, termination, construction or application, or the rights, duties or obligations of any party, or the rights, duties or obligations of any party derived from or associated with these Terms and Conditions (a "Dispute"), shall be referred to and determined by a single arbitrator in a final and binding arbitration administered in accordance with The Arbitration Act, 1992 (Saskatchewan). The arbitration shall take place in Saskatoon, Saskatchewan, unless the parties agree otherwise. The costs and expenses of the arbitrator shall be shared equally between the parties. There shall be no right to appeal any award or decision of the arbitrator. A party to these Terms and Conditions may take such steps as are required to enforce an award made by an arbitrator. The existence of the arbitration and any element of the arbitration, including any award or decision, shall be completely confidential.

ANY CLAIM UNDER THESE TERMS AND CONDITIONS MUST BE BROUGHT WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES, OR SUCH CLAIM OR CAUSE OF ACTION IS BARRED. No recovery may be sought for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and legal fees.

No Partnership or Joint Venture

Nothing in these Terms and Conditions is intended to, or shall be deemed to, establish any partnership or joint venture between Pivot and you (or any other party), constitute any party the agent of another party, nor authorize any party to make or enter into any commitments for or on behalf of any other party.

Severability

In the event that any provision in these Terms and Conditions is determined to be unlawful, void or unenforceable, such provision shall still be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms and Conditions and replaced with a valid provision that best embodies the intent of the severed provision so that the Terms and Conditions shall remain in full force and effect.

No Waiver

Pivot's failure to exercise or enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision, nor shall any conduct by Pivot be deemed to modify or waive any provision of these Terms and Conditions.

Survival

The provisions of these Terms and Conditions, which by their nature should survive termination of your use of the Services, will survive termination of your use of the Services.

Entire Agreement

These Terms and Conditions (and the other documents and policies incorporated herein by reference including, but not limited to, the Subscription Agreement and the Privacy Policy) constitute the entire agreement and understanding between you and Pivot and govern your use of the Website and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and Pivot (including, but not limited to, any prior versions of the Terms and Conditions).

Void Where Prohibited

Pivot operates the Website and offers the Services from its location in Saskatoon, Saskatchewan. Although the Website may be accessed from anywhere in the world, the Services may not be available to all persons or in all geographic locations. Pivot reserves the right to limit, in its sole discretion, the Services to any persons or to any geographic area. Any aspect of the Services is void where prohibited.

Contact Information

Questions about the Terms and Conditions should be sent to our Legal Department at legal@pivotsubscriptions.com.