Terms and Conditions of Use (“Terms of Use”)

Effective as of August 2, 2018. Updated August 10, 2021.

Welcome, and thanks for visiting PitchLift.

These Terms of Use are a contract between you and PitchLift, Inc. (referred to in this Agreement as "PitchLift", "us", "we" or "our"), the provider of the PitchLift website https://www.pitchlift.co (the “Website”).

By using our Website, you confirm that you accept these Terms of Use and that you agree to comply with them. If you do not agree to these Terms of Use, you must not use our Website. We recommend that you print a copy of these Terms of Use for future reference. Our Website may be used for your informational purposes only. Our Website is made available free of charge.

These Terms of Use may refer to the following additional terms, which also apply to your use of our Website:

1. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate.

2. Our Cookie Policy, which sets out information about the cookies on our Website.

1. Eligibility

Persons under the age of 18 must only use the website and provide personal information if they have the consent and supervision of a parent or guardian.

In using this website you must not deliberately mislead anyone as to your identity, impersonate another, or falsely identify the source of any information.

2. Use of website

You may not use the Website to commit any violation of federal, state, local, or international laws, regulations, or other governmental requirements. We reserve the right to report any activity that may violate any law or regulation to appropriate law enforcement officials, regulators, or other third parties, without prior notice to you, and we will co-operate with such authorities by disclosing your identity to them. In the event of such a violation, your right to use the Website will cease immediately.

You are prohibited from violating, or attempting to violate, the security of the Website. Any such violation may result in criminal and civil liabilities to you. Examples of prohibited security violations include, but are not limited to:

1. logging into a server or account that you are not authorized to access;

2. accessing data or taking any action to obtain services not intended for you or your use;

3. attempting to probe, scan, or test the vulnerability of any system, subsystem, or network related to the Website or to any Slalom Consulting computer or computer system;

4. tampering, hacking, modifying, or otherwise corrupting or breaching security or authentication measures;

5. introducing or transmitting material that contains viruses, Trojan horses, worms, time bombs, logic bombs, cancelbots, or other technologically malicious or harmful computer programming routines or engines with the intent or effect of damaging, destroying, disrupting, or otherwise impairing, a computer's functionality or the operation of the Website;

6. interfering with, intercepting, or expropriating any system, data, or information;

7. interfering with service to any user, host, or network including, but not limited to, by means of overloading, "flooding," "mailbombing," or "crashing" any system, subsystem, or network related to the Website or otherwise; and

8. attacking the Website via a denial-of-service attack or a distributed denial-of service attack.

3. Modifications to the Website

We may update and change the Website from time to time to reflect changes to our services, our users' needs and our business priorities.

We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. We may suspend, withdraw or restrict the availability of all or any part of the Website for business and operational reasons.

You are also responsible for ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.

4. Intellectual Property and Content

We are the owner or the licensee of all intellectual property rights in the Website, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You are authorized to copy, print, or distribute such content only as follows:

1. You may print individual pages, but you may not copy or download a large portion of the Website (e.g., no bots, webcrawlers, spiders, etc. that "harvest" the Website).

2. You may download, print, distribute, and use pages from the Website for your personal informational, non-commercial purposes only. Any copies of such documents or pages must not alter the original Website content and must retain any copyright notices appearing therein.

3. Our status (and that of any identified contributors) as the authors of content on our Website must always be acknowledged.

4. You may not frame this Website or any portion thereof. Linking to this Website in a way that does not otherwise infringe upon our trademark interests is permitted, provided that (i) the link does not falsely imply or suggest that We have endorsed, or are affiliated with, the linked website, and (ii) you follow the “rules about linking to our site” which are stated below.

5. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

6. You must not use any part of the content on our Website for commercial purposes without obtaining a license to do so from us or our licensors.

7. If you print off, copy or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We reserve the right to terminate all or any portion of the above authorizations to you at any time in our sole discretion.

Except as expressly provided above, you may not otherwise copy, display, download, distribute, modify, reproduce, republish, retransmit or create derivative works based upon any information, content, or materials contained in the Website or any medium (including electronic or hard copy) without our express prior written consent. Nothing contained on the Website shall be construed as conferring by implication, estoppel, or otherwise any license or right under any intellectual property right of PitchLift or any third party, except as expressly provided above.

5. Trademarks

The PitchLift trademarks, service marks, and logos are our registered and unregistered trademarks. We actively and vigorously enforce our intellectual property rights. Our trademarks, service marks, and logos may not be used in any way, including in advertising or publicity pertaining to distribution of materials on our Website, without our prior written permission. Requests to use trademarks owned by other companies which may be mentioned on our Website should be directed to such other companies.

6. Linking

Rules about linking to our website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to the Website in any website that is not owned by you. The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of content on our Website other than that set out above, please contact admin@pitchlift.co.

Websites we link to

We may provide links on the Website that allow you to connect with third party websites. We have no control over the contents of those sites or resources and We provide them to you for your information only. You access these sites at your own risk. We are not responsible for the contents of any linked site, nor does the appearance of a link imply our endorsement of them. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

7. Submissions

We claim no ownership rights over any content submitted from users to this Website. Any content that is yours remains yours. These Terms of Use do not grant us any licenses or rights to your content except for the limited rights needed for us to provide the Website to you.

8. Privacy

Your privacy is very important to us. Please read our Privacy Policy for information regarding how we collect, use, and disclose your Content and personal information and protect your privacy when you use the Website or engage us to provide the Services.

9. Violation of these Terms of Use

We reserve the right to investigate and prosecute violations of any of these Terms of Use to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Use. You acknowledge that PitchLift has no obligation to prescreen or monitor your access to or use of the Website or any information, materials or other content provided or made available through the Website, but has the right to do so.

10. Indemnification

You agree to indemnify and hold PitchLift, its parents, subsidiaries, affiliates, officers, partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Website, use of your account by any third party, your violation of these Terms of Use, or any infringement by you or any third party using your account.

11. Disclaimer

The Website and its contents are provided "as is" and "as available" without any warranty or representations of any kind, whether express or implied. The content on our website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our website.

PitchLift is a distributor and not a publisher of the content supplied by third parties; as such, PitchLift exercises no editorial control over such content and makes no warranty or representation as to the accuracy, reliability or currency of any information, content, service or merchandise provided through or accessible via the Website. Without limiting the foregoing, PitchLift specifically disclaims all warranties and representations in any content transmitted on or in connection with the Website or on sites that may appear as links on the Website, or in the products provided as a part of, or otherwise in connection with, the Website, including without limitation any warranties of merchantability, fitness for a particular purpose or non-infringement of third party rights. No oral advice or written information given by PitchLift or any of its affiliates, employees, officers, directors, agents, or the like will create a warranty. Price and availability information is subject to change without notice.

Without limiting the foregoing, PitchLift makes no representations or warranties of any kind, express or implied, as to the operation of this website or the information included on this website. You expressly agree that your use of this website is at your sole risk. PitchLift does not warrant that the information in this website is accurate, complete, current, reliable, or correct, that this website will be available at any particular time or location, or that the website is free of harmful components.

12. Limitation of Liability

PitchLift will not be liable for any indirect, incidental, special, exemplary or consequential damages, lost profits, lost data, or business interruption, in any way whatsoever arising out of the use of, or inability to use, the Website, whether or not PitchLift is advised of the possibility of such damages. You acknowledge and agree that PitchLift's maximum liability to you will not exceed the amount you have paid PitchLift in the ninety (90) days immediately preceding the date on which you first assert a claim.

To the fullest extent permitted by law, these disclaimers and limitations of liability apply to any and all damages or injury whatsoever caused by or related to use of, or inability to use, the Website under any cause or action whatsoever of any jurisdiction, including, without limitation, actions for breach of warranty, breach of contract or tort (including negligence).

13. Jurisdiction and Venue

These Terms of Use and any controversy, claim or dispute arising under or related to these Terms of Use will be construed, pursued and resolved in accordance with and will be governed by the laws of Texas, USA without regard to its conflicts of laws provisions. You irrevocably consent to the exclusive jurisdiction of the courts of Texas and the federal courts situated in Texas in connection with any action or dispute arising between the parties under or in connection with these Terms of Use.

14. Amendments

We reserve the right, in our sole discretion, to change, modify, add to, supplement or delete any portion of this Agreement at any time, effective with or without prior notice; provided, however, that we will use reasonable efforts to provide you with notification of any material changes (as determined in our sole discretion) by email.

15. Miscellaneous

If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Use to be unenforceable, the remainder of these Terms of Use will continue in full force and effect. Any waiver of any provision of these Terms of Use will be effective only if in writing and signed by an authorized representative of PitchLift. PitchLift will be entitled to injunctive or other equitable relief (without the obligations of posting any bond or surety) in the event of any breach or anticipatory breach by you. PitchLift operates and controls the Website from its offices in the United States. The Website is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation. Accordingly, those persons who choose to access the Website from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable. These Terms of Use contain the entire understanding, and supersede all prior understandings, between you and PitchLift concerning its subject matter, and cannot be changed or modified by you. The section headings used in this Agreement are for convenience only and will not be given any legal import.