PIVOTAL DIGITAL PARTNERS LLC Learning Management System TERMS AND CONDITIONS (USER AGREEMENT) Last Updated: [Month, Year] These Terms and Conditions (“Terms,” “Agreement”) govern your access to and use of the Pivotal Digital Learning Platform (“Platform”), operated by Pivotal Digital Partners LLC (“Company,” “we,” “us,” “our”). By registering for an account, accessing any course, or using the Platform in any way, you agree to be bound by these Terms, the Privacy Policy, the Refund Policy, the Disclaimer, and any additional guidelines displayed within the Platform. If you do not agree, do not register, access, or use the Platform. ⸻ 1. Eligibility and User Accounts 1. You must be at least 18 years old to create an account. 2. You agree to provide accurate and complete registration information. 3. You are responsible for maintaining the confidentiality of your login credentials. 4. You may not share, transfer, or sell your login credentials under any circumstances. 5. Any unauthorized use of your account must be reported immediately. We reserve the right to suspend or terminate accounts for violations of these Terms. ⸻ 2. Course Access, Lifetime Access, and Future Updates 1. When you enroll in the Accelerator or any course, you receive lifetime access to the content as long as the course remains offered by the Company. 2. “Lifetime access” refers to the lifetime of the course, not the lifetime of the user or the business. 3. The Company may update, enhance, or modify course materials at its discretion. These updates will be included at no additional charge. 4. We reserve the right to discontinue or retire a course in the future; however, enrolled students will retain access for as long as the course remains active. ⸻ 3. Submission Review Policy (One Submission Within 90 Days) As part of the Accelerator program: 1. Students are permitted one (1) work submission for personalized review. 2. The submission must be delivered through the official submission form. 3. The submission must be received within 90 days of the purchase date. 4. Submissions received after the 90-day window are not eligible for review. 5. Failure to submit within the allowed window does not entitle the student to a refund, credit, or additional review. 6. Lifetime access does not include ongoing coaching, ongoing review, or unlimited submissions. This policy is strictly enforced. ⸻ 4. Refunds and Payment Terms 1. All sales of digital courses are final. 2. Once access is granted, refunds will not be issued under any circumstances. 3. Deposits, payments for services, and fees associated with consulting are governed by separate service agreements. 4. You agree not to initiate a chargeback without contacting us first. 5. Filing a chargeback automatically terminates your account and access to all content. 6. We reserve the right to pursue collection actions, legal remedies, or recovery of fees associated with improper chargebacks. ⸻ 5. Intellectual Property Rights All course content, frameworks, videos, scripts, downloads, designs, and materials are the exclusive property of Pivotal Digital Partners LLC and are protected by U.S. and international copyright law. You agree that: 1. You may not copy, distribute, modify, publish, or share any course content. 2. You may not upload course content to any external platform or share it with non-purchasers. 3. You may not resell, sublicense, or use the materials for competitive or commercial purposes. 4. You may not reverse-engineer or attempt to reproduce proprietary processes, tools, or frameworks. 5. All rights not expressly granted are reserved. Violations may result in immediate termination of access and legal action. ⸻ 6. User Conduct and Acceptable Use You agree not to: • Tamper with, hack, or disrupt the Platform’s functionality. • Access accounts that are not yours. • Upload malicious code, viruses, or harmful scripts. • Use the Platform to harass, threaten, or harm other users. • Engage in any activity that interferes with the experience of other users. • Circumvent payment requirements or attempt unauthorized access to paid content. We reserve the right to remove, suspend, or ban users who violate these expectations. ⸻ 7. Results, Performance, and Earnings Disclaimer 1. We make no guarantees regarding business results, revenue, performance, or outcomes from using the Accelerator or any course. 2. Testimonials reflect individual experiences and are not guarantees of results. 3. Any examples, case studies, or projections are illustrative only. Your performance depends on your business, capacity, market conditions, and execution. ⸻ 8. No Professional Advice Course content is for educational purposes only and does not constitute: • Legal advice • Financial advice • Tax advice • Medical advice • Investment advice Always consult qualified professionals before making decisions for your business. ⸻ 9. Third-Party Tools and External Integrations The Platform may integrate with third-party tools such as: • Google Analytics • Facebook Pixel • Email marketing tools • Payment processors • Webinar systems • External file hosting • Video delivery platforms We are not responsible for: • Their outages • Their data practices • Their performance • Their policies • Their impact on your experience Your use of third-party tools is at your own risk. ⸻ 10. Data Collection and Privacy Use of the Platform is subject to our Privacy Policy, which outlines: • What data we collect • How we use it • How we protect it • Your rights under applicable law By using the Platform, you consent to all data practices described in the Privacy Policy. ⸻ 11. Termination, Suspension, and Removal We may terminate or suspend your account if: • You violate these Terms • You abuse access privileges • You share course content • You file a chargeback • Your conduct threatens platform stability • You act in a way that harms the Company or other students Termination includes loss of access to all courses, updates, and materials with no refund. ⸻ 12. Limitation of Liability To the fullest extent allowed by law: 1. The Company is not liable for any direct, indirect, incidental, or consequential damages. 2. The Company is not responsible for lost income, lost opportunities, lost data, or business interruptions. 3. Your sole remedy for dissatisfaction is discontinuation of Platform use. Some locations do not allow disclaimers of liability. In those cases, the limitation applies to the maximum extent allowable. ⸻ 13. Indemnification You agree to indemnify, defend, and hold harmless Pivotal Digital Partners LLC, its owners, employees, contractors, agents, and partners from all claims, damages, losses, or expenses arising from: • Your misuse of the Platform • Your violation of these Terms • Your sharing of proprietary content • Your breach of intellectual property rules • Your behavior on the Platform ⸻ 14. Governing Law and Dispute Resolution These Terms are governed by the laws of the Commonwealth of Pennsylvania, USA. All disputes must be resolved as follows: 1. Attempt informal resolution first. 2. If unresolved, disputes will be submitted to binding arbitration in Pennsylvania under the American Arbitration Association rules. 3. You waive your right to a jury trial or class action participation. ⸻ 15. Changes to These Terms We may update or modify these Terms at any time. Updated versions will be posted with a new “Last Updated” date. Continued use of the Platform constitutes acceptance of the updated Terms. ⸻ 16. Contact Information For questions about these Terms, contact: Pivotal Digital Partners LLC Email:
[email protected] Website: https://growwithpivotal.com Location: 145 East Swedesford Rd #1080 Wayne, Pennsylvania, USA
