Terms of Use

Last Modified: 2/26/18

Acceptance of the Terms of Use

These terms of use are entered into by and between You andPivoting Strategies (“Company”, “we” or “us”). The following terms andconditions (these “Terms of Use”), govern your access to and use of www.pivotingstrategies.com,including any content, functionality, and services offered on or through www.pivotingstrategies.com (the“Website”).

Please read the Terms of Use carefully before you start touse the Website. By using the Website, you accept and agree to be boundand abide by these Terms of Use and our Privacy Policy, found at www.pivotingstrategies.com/privacy-policy,incorporated herein by reference. If you do not wantto agree to these Terms of Use or the Privacy Policy, you must not access oruse the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time totime in our sole discretion. All changes are effective immediately when we postthem.

Your continued use of the Website following the posting ofrevised Terms of Use means that you accept and agree to any changes to theWebsite. You are expected to check this page from time to time so you are awareof any changes, as they are binding on you.

Accessing the Website and AccountSecurity

We reserve the right to withdraw or amend this Website, andany service or material we provide on the Website, in our sole discretionwithout notice. We will not be liable if for any reason all or any part of theWebsite is unavailable at any time or for any period. From time to time, we mayrestrict access to some parts of the Website, or the entire Website, to users,including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the     Website.
• Ensuring that all persons who access the Website through your     internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers,you may be asked to provide certain registration details or other information.It is a condition of your use of the Website that all the information youprovide on the Website is correct, current, and complete. You agree that allinformation you provide to register with this Website or otherwise, includingbut not limited to using any interactive features on the Website, is governedby our Privacy Policy and you consent to all actions we take with respect toyour information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password,or any other piece of information as part of our security procedures, you musttreat such information as confidential, and you must not disclose it to anyother person or entity. You also acknowledge that your account is personal toyou and agree not to provide any other person with access to this Website orportions of it using your user name, password, or other security information.You agree to notify us immediately of any unauthorized access to or use of youruser name or password or any other breach of security. You also agree to ensurethat you exit from your account at the end of each session. You should useparticular caution when accessing your account from a public or shared computerso that others are not able to view or record your password or other personalinformation.

We have the right to disable any user name, password orother identifier, whether chosen by you or provided by us, at any time in oursole discretion for any or no reason, including if, in our opinion, you haveviolated any provision of these Terms of Use.

Intellectual Property Rights

The Website and its entire contents, features andfunctionality (including but not limited to all information, software, text,displays, images, video and audio, and the design, selection and arrangementthereof), are owned by the Company, its licensors or other providers of suchmaterial and are protected by United States and international copyright,trademark, patent, trade secret, and other intellectual property or proprietaryrights laws.

These Terms of Use permit you to use the Website for yourpersonal, non-commercial use only. You must not reproduce, distribute, modify,create derivative works of, publicly display, publicly perform, republish,download, store, or transmit any of the material on our Website, except asfollows:

• Your computer may temporarily store copies of such materials in RAM     incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web     browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages     of the Website for your own personal, non-commercial use and not for     further reproduction, publication, or distribution.
• If we provide social media features with certain content, you may     take such actions as are enabled by such features.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video, or audio sequences or any     graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary     rights notices from copies of materials from this site.

You must not access or use for any commercial purposes anypart of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Websiteother than that set out in this section, please address your request to: mailto:info@pivotingstrategies.com.

If you print, copy, modify, download, or otherwise use orprovide any other person with access to any part of the Website in breach ofthe Terms of Use, your right to use the Website will cease immediately and youmust, at our option, return or destroy any copies of the materials you havemade. No right, title, or interest in or to the Website or any content on theWebsite is transferred to you, and all rights not expressly granted arereserved by the Company. Any use of the Website not expressly permitted bythese Terms of Use is a breach of these Terms of Use and may violate copyright,trademark, and other laws.

Trademarks

The Company name and all related names, logos, product andservice names, designs, and slogans, are trademarks of the Company or itsaffiliates or licensors. You must not use such marks without the prior writtenpermission of the Company. All other names, logos, product, and service names,designs, and slogans on this Website are the trademarks of their respectiveowners.

Prohibited Uses

You may use the Website only for lawful purposes and inaccordance with these Terms of Use. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or     international law or regulation (including, without limitation, any laws     regarding the export of data or software to and from the United States or     other countries).
• For the purpose of exploiting, harming or attempting to exploit or     harm minors in any way by exposing them to inappropriate content, asking     for personally identifiable information or otherwise.
• To transmit, or procure the sending of, any advertising or     promotional material, including any “junk mail”, “chain letter” or “spam”     or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company     employee, another user or any other person or entity (including, without     limitation, by using e-mail addresses associated with any of the     foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s     use or enjoyment of the Website, or which, as determined by us, may harm     the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden,     damage, or impair the site or interfere with any other party’s use of the     Website, including their ability to engage in real time activities through     the Website.
• Use any robot, spider, or other automatic device, process or means     to access the Website for any purpose, including monitoring or copying any     of the material on the Website.
• Use any manual process to monitor or copy any of the material on the     Website or for any other unauthorized purpose without our prior written     consent.
• Use any device, software, or routine that interferes with the proper     working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other     material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or     disrupt any parts of the Website, the server on which the Website is     stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed     denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the     Website.

Monitoring and Enforcement;Termination

We have the right to:

• Remove or refuse to post any User Contributions for any or no reason     in our sole discretion.
• Take any action with respect to any User Contribution that we deem     necessary or appropriate in our sole discretion, including if we believe     that such User Contribution violates the Terms of Use, including the     Content Standards, infringes any intellectual property right or other     right of any person or entity, threatens the personal safety of users of     the Website or the public or could create liability for the Company.
• Disclose your identity or other information about you to any third     party who claims that material posted by you violates their rights,     including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation,     referral to law enforcement, for any illegal or unauthorized use of the     Website.
• Terminate or suspend your access to all or part of the Website for     any or no reason, including without limitation, any violation of these     Terms of Use.

Without limiting the foregoing, we have the right to fullycooperate with any law enforcement authorities or court order requesting ordirecting us to disclose the identity or other information of anyone postingany materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THECOMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMSRESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS ARESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OFINVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material beforeit is posted on the Website, and cannot ensure prompt removal of objectionablematerial after it has been posted. Accordingly, we assume no liability for anyaction or inaction regarding transmissions, communications, or content providedby any user or third party. We have no liability or responsibility to anyonefor performance or nonperformance of the activities described in this section.

Reliance on Information Posted

The information presented on or through the Website is madeavailable solely for general information purposes. We do not warrant theaccuracy, completeness, or usefulness of this information. Any reliance youplace on such information is strictly at your own risk. We disclaim allliability and responsibility arising from any reliance placed on such materialsby you or any other visitor to the Website, or by anyone who may be informed ofany of its contents.

This Website may include content provided by third parties,including materials provided by other users, bloggers, and third-partylicensors, syndicators, aggregators, and/or reporting services. All statementsand/or opinions expressed in these materials, and all articles and responses toquestions and other content, other than the content provided by the Company,are solely the opinions and the responsibility of the person or entityproviding those materials. These materials do not necessarily reflect the opinionof the Company. We are not responsible, or liable to you or any third party,for the content or accuracy of any materials provided by any third parties.

Changes to the Website

We may update the content on this Website from time totime, but its content is not necessarily complete or up-to-date. Any of thematerial on the Website may be out of date at any given time, and we are underno obligation to update such material.

Information About You and Your Visitsto the Website

All information we collect on this Website is subject toour Privacy Policy www.pivotingstrategies.com/privacy-policy. Byusing the Website, you consent to all actions taken by us with respect to yourinformation in compliance with the Privacy Policy.

Linking to the Website and SocialMedia Features

You may link to our homepage, provided you do so in a waythat is fair and legal and does not damage our reputation or take advantage ofit, but you must not establish a link in such a way as to suggest any form ofassociation, approval, or endorsement on our part without our express consent.

This Website may provide certainsocial media features that enable you to:

• Link from your own or certain third-party websites to certain     content on this Website.
• Send e-mails or other communications with certain content, or links     to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or     appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided byus and solely with respect to the content they are displayed with. Subject tothe foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause the Website or portions of it to be displayed, or appear to be     displayed by, for example, framing, deep linking or in-line linking, on     any other site.
• Link to any part of the Website other than the homepage.
• Otherwise take any action with respect to the materials on this     Website that is inconsistent with any other provision of these Terms of     Use.

You agree to cooperate with us in causing any unauthorizedframing or linking immediately to cease. We reserve the right to withdrawlinking permission without notice.

We may disable all or any social media features and anylinks at any time without notice in our discretion.

Links from the Website

If the Website contains links to other sites and resourcesprovided by third parties, these links are provided for your convenience only.This includes links contained in advertisements, including banneradvertisements and sponsored links. We have no control over the contents ofthose sites or resources, and accept no responsibility for them or for any lossor damage that may arise from your use of them. If you decide to access any ofthe third party websites linked to this Website, you do so entirely at your ownrisk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of the Website is based in the Commonwealth ofVirginia in the United States. We provide this Website for use only by personslocated in the United States. We make no claims that the Website or any of itscontent is accessible or appropriate outside of the United States. Access tothe Website may not be legal by certain persons or in certain countries. If youaccess the Website from outside the United States, you do so on your owninitiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee orwarrant that files available for downloading from the internet or the Websitewill be free of viruses or other destructive code. You are responsible forimplementing sufficient procedures and checkpoints to satisfy your particularrequirements for anti-virus protection and accuracy of data input and output,and for maintaining a means external to our site for any reconstruction of anylost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTEDDENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIALTHAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHERPROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMSOBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ONIT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITSCONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ONAN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHEREXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THECOMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS,SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE.WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITHTHE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANYSERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE,ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE ORTHE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFULCOMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEWEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND,WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITEDTO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FORPARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOTBE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIRLICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BELIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR INCONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKEDTO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES ORITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANYDIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDINGBUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS,LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSSOF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDINGNEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BEEXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless theCompany, its affiliates, licensors and service providers, and its and theirrespective officers, directors, employees, contractors, agents, licensors,suppliers, successors and assigns from and against any claims, liabilities,damages, judgments, awards, losses, costs, expenses or fees (includingreasonable attorneys’ fees) arising out of or relating to your violation ofthese Terms of Use or your use of the Website, including, but not limited to,your User Contributions, any use of the Website’s content, services andproducts other than as expressly authorized in these Terms of Use or your useof any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Useand any dispute or claim arising therefrom or related thereto (in each case,including non-contractual disputes or claims), shall be governed by andconstrued in accordance with the internal laws of the Commonwealth of Virginiawithout giving effect to any choice or conflict of law provision or rule(whether of the Commonwealth of Virginia or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, orrelated to, these Terms of Use or the Website shall be instituted exclusivelyin the federal courts of the United States or the courts of the Commonwealth ofVirginia. You waive any and all objections to the exercise of jurisdiction overyou by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF ORRELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1)YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION ORCLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition setforth in these Terms of Use shall be deemed a further or continuing waiver ofsuch term or condition or a waiver of any other term or condition, and anyfailure of the Company to assert a right or provision under these Terms of Useshall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a courtor other tribunal of competent jurisdiction to be invalid, illegal orunenforceable for any reason, such provision shall be eliminated or limited tothe minimum extent such that the remaining provisions of the Terms of Use willcontinue in full force and effect.

Entire Agreement

The Terms of Use and, our Privacy Policy constitute thesole and entire agreement between you and Pivoting Strategies with respect tothe Website and supersede all prior and contemporaneous understandings,agreements, representations, and warranties, both written and oral, withrespect to the Website.

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