Date of Last Revision: April 19, 2015
PitchTop is a professional and customizable reward-based crowdfunding, pre-order and e-commerce software and communication service (the "Service").
PitchTop is a website and service of PitchTop, Inc. or its subsidiaries ( "we," "ours" or "us.") Please read this Terms of Use (the "Terms") and make sure you understand it. By accessing or using the Service, co-branded websites (including sub-domains, international versions, and application versions) or our other services, applications, widgets and content provided through or in connection with the Service (collectively, the "Services,") you agree to be bound by these Terms. Someone that has created an account through the Services is referred to as "User," "you" or "your." "Merchants" are those Users that are the administrators of a PitchTop site, which includes Campaigns on that site. A "Merchant Customer" is a User that initiates a Payment Transaction (as defined below) through a Campaign.
We reserve the right to amend this Terms of Use at any time, for any reason. When we amend this Terms of Use, we will publish the amended version on www.pithctop.com and tell you at the top of the page the date when the Terms of Use was last revised. We may also provide you with some type of information about what changes were made, but the express detailed terms of the amended Terms of Use will control. If the changes are significant, we will advise you of the changes via email or via a message on the Service. By continuing to access or use the Services after an amendment to this Terms of Use, you are affirmatively accepting to be bound to the new Terms of Use, which will apply to all access to and use of the Service thereafter. If you do not agree to the new terms in their entirety, stop using or accessing the Service.
The first steps for a Merchant in launching a PitchTop site to create an PitchTop admin account. Merchants can create campaigns, through which they may raise money, a "Campaign". As the administrator of the Campaign, you can set a financial goal for your campaign, and may set the date by which you'd like meet the goal, a "Campaign Deadline". You may adjust your goal at any time, until the goal amount is reached. The Campaign Deadline can be shortened or extended, but must be done responsibly. You can designate the amounts of money your Campaign accepts. The monies you raise through a Campaign are "Campaign Funds".
The Service enables Merchants to accept one-time payment transactions or recurring payment transactions, whether pledges to pay in a goal-based Campaign or actual payments via a Campaign (a "Payment Transaction"). Merchant acknowledges that it will clearly disclose the pricing methodology, so at not to mislead or deceive a Merchant Customer into agreeing to any Payment Transaction.
Merchant may offer non-monetary rewards for Payment Transactions, called "Rewards", provided that the offering of such Rewards is lawful under all applicable laws, including without limitation state and federal securities laws, and otherwise complies with the terms and conditions of this Agreement. PitchTop reserves the right to disallow or cancel a Reward at any time and for any reason without liability.
Rewards cannot be anything considered a Prohibited Transaction, as outlined below.
Merchants may operate pro-order Campaigns for goods or services compliant with and subject to these Terms. These pre-order Campaigns may also feature a goal amount. PitchTop will only settle authorizations on Payment Transactions after a goal has been reached, but reserves the right to do so at another time, without liability to Merchant.
Merchants may offer for sale goods or services compliant with and subject to these Terms.
You are solely responsible for ensuring that you have selected the correct organization to fundraise for or donate to. All donations to charities are made as unrestricted gifts, and we have no obligation to facilitate the earmarking of Payment Transactions for any particular purpose.
If Merchant is a charity recognized by the U.S. Internal Revenue Service, Merchant grants PitchTop the right to provide, on Merchant's behalf, electronic documentation that acknowledges a Merchant Customer's donation on the Service to your Campaign in accordance with IRS rules governing acknowledgement of charitable contributions "Donation Receipt". PitchTop may provide a Donation Receipt while Merchant has any Campaigns accepting Payment Transactions on the Service and for up to 30 days thereafter. If you do not want us to provide such acknowledgements, please contact us at [email protected].
If Merchant offers a Reward as a part of the Campaign, Merchant agrees to truthfully state the value of any goods or services given in exchange for the donation, as according to the Internal Revenue Service.
If you have been approved by PitchTop to run a political campaign ("Political Campaign Merchant"), we may offer you enhanced campaign administrator functionality. Political Campaign Merchants may be enabled to enter a Merchant Customer authorized Payment Transaction on behalf of the Merchant Customer ("Campaign Admin Facilitated Payment Transaction.") At our request, you will provide us a copy of a Merchant Customer's completed donation form within a reasonable period.
Political Campaign Merchants are bound by the same terms Merchant Customers are bound to under these Terms (including for offline Payment Transactions recorded on the Services) in addition to those terms specific to Political Campaign Merchants. This includes, but is not limited to accuracy and honesty in all Merchant Facilitated Payment Transactions and information provided.
Merchant is responsible for all actions taken by visitors to Merchant's PitchTop site and Merchant Customers, and PitchTop has no responsibility or obligation to police comments, content, or purchase behavior occurring on your PitchTop site.
Merchant is required to designate the legal entity to which funds will be sent "Beneficiary". Any Campaign Fund distributions may be subject to Payment's compliance and risk assessments. The verification procedure may involve an interview and/or document review if deemed necessary and may vary from time to time in our sole discretion.
In order to receive processed Payment Transactions, Merchant's Beneficiary must establish a mailing address or an account, depending on the type of Campaign, to receive the funds "Destination Account," in accordance with the requirements of our Payment Processor. The Destination Account must be located in the United States.
PitchTop communicates transactions to Stripe for processing. By agreeing to these Terms, you are also agreeing to Stripe's terms (www.stripe.com/terms).
Our Payment Processors will manage Campaign Funds and payouts. Campaign Funds will be collected from Merchant Customers and disbursed to the Beneficiary via the Destination Account. Subject to the other terms in these Terms, payouts will be issued within the time frame stated on the Service. We are not responsible for any error or omission in the name, mailing address, or Destination Account information you provide, or for any errors, bugs or other problems of the Payment Processor.
Merchant promises the following: (a) you are at least 13 years of age, and, if you are between the ages of 13 and 17, you've obtained the consent of your parent or legal guardian to your acceptance of these Terms; (b) you are eligible to register and use the Services and have the right, power, and ability to enter into and perform under this Agreement; (c) the name identified by you when you registered is your name or business name under which you are mostly commonly known by or under which you sell products and services; (d) any transaction submitted by you will represent or be backed by a bona fide transaction for permitted products or services, or a charitable donation; (e) any transactions submitted by you will accurately describe the products or services sold and delivered to a purchaser, or a donation received for the purpose accurately described on your site; (f) you will fulfill all of your obligations to each Merchant Customer for which you submit a transaction and will resolve any consumer dispute or complaint directly with the Merchant Customer; (g) you and all transactions initiated by you will comply with all federal, state, and local laws, rules, and regulations applicable to your business, including any applicable tax laws and regulations; (h) except in the ordinary course of business, no transaction submitted by you through the Service will represent a sale to any principal, partner, proprietor, or owner of your entity; (i) you will not use the Services, directly or indirectly, for any fraudulent or illegal undertaking, or in any manner so as to interfere with the normal operation of the Services; and (j) you will not describe or assign keywords to your Campaign in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others.
Merchant agrees that Campaign Funds may only be used for the purposes expressly disclosed by the Campaign, and that Campaign Funds will not be used for any other purpose. Merchant agrees that if PitchTop makes a good faith determination that the Campaign information is inaccurate in any respect, or that the Campaign Funds have not been used solely on behalf of the Campaign, you agree to promptly refund the entire amount of Campaign Funds from such Funding Request to the Merchant Customers. The foregoing does not limit in any way any other remedy that may otherwise be available to any party.
PitchTop is not liable or responsible for:
Payment Transactions will be processed by Stripe ("Payment Processor"), and their terms of use can be found here. The terms and conditions of our Payment Processor are incorporated into these Terms by reference.
Payouts are made to a valid Destination Account according to the payout methods and schedules provided by our Payment Processor and as states on the Service. In the event of a conflict, the Payment Processor's schedule controls. We may delay or decide not to make a payout to fulfill our compliance obligations and internal risk policies, or for violations of these Terms. In the event we decide to not payout Campaign Funds to you, we will return them to the Merchant Customers. PitchTop will not payout to the Beneficiary Payment Transactions that fail processing.
We are not responsible for any error or omission in the name, mailing address, or Destination Account information you provide, or for the performance of our Payment Processor. For charity Campaigns, we may decide to issue a check to the charity Beneficiary, at our sole discretion.
The Merchant is solely responsible for preventing fraudulent or money-laundering transactions.
At PitchTop's discretion, we may withhold a reasonable amount of Payment Transactions from being paid out to the Beneficiary, upon our good faith determination of the risks associated with the Merchant fulfilling their Reward obligations or obligations related to pre-ordered or ordered goods or services "Reserves". PitchTop will release Reserves upon its determination the Merchant has fulfilled it's obligations to Merchant Customer, or at a time sooner upon our sole discretion.
Fees for the Service are described upon creating your PitchTop site, and fees to those purchasing the products and services through your PitchTop site are shared on the products and services page ("Service Fees"). The fees for payment processing include credit card processing as well as fees associated with chargebacks or refunds, as stated on the Service ("Processor Fees"). Service Fees and Processor Fees are collectively referred to as "Fees".
We collect all Fees from Campaign Funds by deducting them from any payout made to you or, if there are no Campaign Funds, from your bank account or other source. All Fees are non-refundable.
Service Fees are subject to change upon 30 days notice, which may be provided at any time by posting the changes to www.pitchtop.com or the main campaign administration area. Such Service Fee changes may impact existing Campaigns on a going forward basis.
All fees are exclusive of all federal, provincial, state or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future. You are required to fulfill all rewards of for successful fundraising Campaigns or refund any Merchant Customer for a Reward you do not or cannot fulfill.
You must use our Service in a manner that is compliant with all applicable laws, regulations, ordinances, directives, and any government imposed restrictions on your actions. For example, you cannot use our platform in a manner related to the sale of controlled substances, pornographic items, securities, regulated weapons or accessories, or anything else that would be illegal. However, there are plenty of other illegal activities in this world. Please don't use PitchTop to engage in them.
For a complete list of prohibited transactions, please see our Payment Processor's Acceptable Use Policy.
As part of the account creation process, you will create a password and an account. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your account. You shall not allow any third party to use your account credentials. You agree to (a) immediately notify us of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PitchTop will not be liable for any loss, damage or other liability arising from your failure to comply with this Section or from any unauthorized access to or use of your account. You agree that, in the event of any dispute between two or more parties as to account ownership, PitchTop will be the sole arbiter of such dispute in its sole discretion and that PitchTop's decision (which may include termination or suspension of any account subject to dispute) will be final and binding on all parties.
You are solely responsible for any and all applicable taxes associated with transactions on PitchTop sites.
You may not use the Service in a way that:
You agree PitchTop is only acting as a passive conduit for your activities on the Service. This is so even in the event that you receive specific support from us in relation to your actives on the Service. We want to help you where we can, but you accept our help as is.
PitchTop is not a bank or a money services business ("MSB") and PitchTop does not offer banking or MSB services as defined by the United States Department of Treasury.
You acknowledge that you have read and understand our Privacy Policy. You must incorporate your information sharing practices with PitchTop into your Privacy Policy on the Service.
PitchTop is built on top of our public API. Our Public API was audited by a third party and met the most stringent credit card security standard: PCI Compliance Level 1.
PitchTop reserves the right to display (1) attribution links or logos, such as "Powered by PitchTop" or a PitchTop branding logo (collectively "Attribution Marks") or (2) a designation of Campaign verification or approval by PitchTop ("Seals") on the main site page, campaign page, and during checkout. Such Attribution Marks and Seals may not be altered or removed.
You must not issue any press release or make any public statement related to the Services, or except as expressly provided in these Terms, use our or any of our names or Marks (as defined below) in any way without our prior written permission.
PitchTop and its licensors retain all right, title and interest, including without limitation all Intellectual Property Rights relating to the Services (and any derivative works or enhancements thereof), including but not limited to, all software, technology, information, content, materials, guidelines, and documentation. You do not acquire any right, title, or interest therein, except for the limited use rights expressly set forth in these Terms. Any rights not expressly granted in these Terms are deemed withheld. You agree not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Services. "Intellectual Property Rights" means all worldwide rights in patents, trademarks, service marks, copyrights, trade secrets, publicity, goodwill, and all other intellectual property rights as may now exist or hereafter come into existence, and all derivatives, applications therefore and registrations, renewals, and extensions thereof.
Any third party component embedded, included or provided by PitchTop for use with the Services may only be used in conjunction with the Services, and this use is subject to these Terms. However, to the extent Services include components governed by open source licenses with provisions inconsistent with these Terms, those components are instead governed solely by the applicable open source licenses. To the extent the Services include components covered by open source licenses requiring the provision of corresponding source code for those components, PitchTop hereby offers the provision of that source code consistent with those licenses.
PitchTop may make available third party tools "Third Party Tools", which may not monitor or control. You accept these Third Party Tools "as is" without any warranties, representations, or conditions of any kind and without any endorsement, and you agree to PitchTop has no liability arising from or relating to your use of the Third Party Tools. You accept all risk associated with using a Third Party Tool, even if you receive direct support or assistance from PitchTop in selecting, implementing or operating the Third Party Tool.
When including and using Member Content on the Services, you must have the legal right to do so, and you must avoid infringing upon the intellectual property rights of others in connection with the Services. "Member Content" means the content you use to create and manage your PitchTop site. The same conditions apply to comments, questions, and other content you might post to our blog.
You represent and warrant:
By contributing any Member Content on the Services, you expressly grant, and you represent and warrant that you have a right to grant, to PitchTop and to all its affiliates, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers), transferable right to (and to allow others acting on its behalf to) use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such Member Content including, without limitation, your name, voice, and or likeness contained in your Member Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed.
You do not have and do not obtain rights of any kind in or to any subdomain name on the Service by any means. At our sole discretion, we retain the right to withdraw the availability of a subdomain name to you at anytime, whether or not you are using it.
We always appreciate your feedback or other suggestions about our Services, but you should understand that we may use them without any obligation to compensate you for them. You can email your feedback to [email protected].
PitchTop's name, and all related names, logos, product and service names, designs and slogans (collectively the "Marks") are registered or common law service marks of PitchTop or its affiliates or licensors. You must not use such marks without our prior written permission.
We may refuse to point your PitchTop site to a domain name that we determine in our sole discretion you may not have the rights to own, license or use.
You understand and agree that PitchTop will display PitchTop Checkout Terms (www.pitchtop.com/checkout_terms) in the checkout process for your PitchTop site, which will provide terms with which your Merchant Customers may make their Payment Transaction to your Campaign. You cannot alter or remove them.
Please see the Copyright Infringement section of PitchTop.com's Terms of Use.
PitchTop reserves the right at any time to, and from time to time may, modify, suspend or discontinue, temporarily or permanently, the Services, in whole or in part, for any reason or for no reason, with or without notice. You agree that PitchTop will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.
We may, but have no obligation to, remove Content or accounts containing materials or information that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable, that violates any party's intellectual property or these Terms of Use, or that otherwise is likely to expose us to liability.
You may cancel your account at any time by emailing [email protected]. Once your account is cancelled we may immediately delete all of your Content. Please make local backups according to your needs before you cancel your account.
You agree to defend, indemnify, and hold harmless PitchTop and its affiliates, and each of its and their respective officers, directors, agents, partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorney and accounting fees) resulting from any threated claim, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise or leading up to such forum), or investigation made by any third party, including Merchant Customers, due to or arising out of: Member Content; your use of the Services; your Campaign(s); your violation of the rights of another; or your breach of any of these Terms. PitchTop will provide notice to you of any such claim, provided that the failure or delay by the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting PitchTop's defense of such matter.
All provisions of these Terms that by their nature should survive termination of your right to use the Services shall survive, including, without limitation, all limitations on liability, releases, indemnification obligations, disclaimers of warranty, and intellectual property protections and licenses.
You agree to defend, indemnify, and hold harmless PitchTop and its affiliates, and each of its and their respective officers, directors, agents, partners, and employees, harmless from any and all damage (whether direct, indirect, incidental, consequential, or otherwise), loss, liability, cost, and expense (including, without limitation, reasonable attorney and accounting fees) resulting from any threated claim, claim, demand, suit, proceeding (whether before an arbitrator, court, mediator, or otherwise or leading up to such forum), or investigation made by any third party, including Merchant Customers, due to or arising out of: Member Content; your use of the Services; your Campaign(s); your violation of the rights of another; or your breach of any of these Terms. PitchTop will provide notice to you of any such claim, provided that the failure or delay by the right to assume the exclusive defense and control of any matter that is subject to indemnification under this Section, and in such case, you agree to cooperate with all reasonable requests in assisting PitchTop's defense of such matter.
WE TRY TO KEEP THE SERVICES UP, BUG-FREE, AND SAFE, BUT YOU USE THE SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PITCHTOP, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT: (I) THE CONTENT OF THE SERVICES IS ACCURATE, RELIABLE OR CORRECT, (II) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR RESULT IN ANY BENEFIT, FUNDING OR REVENUE; (III) THAT THE SERVICE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED, SECURE, OR ERROR-FREE, (IV) THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR (V) THAT THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PITCHTOP WILL HAVE NO LIABILITY FOR THE CONTENT, PRODUCTS, SERVICES, PHILANTHROPIC ENDEAVORS, ACTION, OR INACTIONS OF ANY MERCHANT, CAMPAIGN AMINISTRATOR, POLITICAL CAMPAIGN MERCHANT, BENEFICIARY, OR MERCHANT CUSTOMER, OR RELATING TO A CAMPAIGN. YOU ACKNOWLEDGE PITCHTOP HAS NO CONTROL OVER AND DOES NOT GUARANTEE THE QUALITY, SAFETY, OR LEGALITY OF CAMPAIGNS, THE TRUTH OR ACCURACY OF ANY USER CONTENT OR CAMPAIGNS, OR THE ABILITY OF ANY USER TO PERFORM, OR ACTUALLY COMPLETE A CAMPAIGN OR THE ACTIVITIES CONTEMPLATED BY A CAMPAIGN. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. THE FOREGOING DISCLAIMERS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW.
PITCHTOP WILL NOT BE LIABLE, WHETHER IN TORT, CONTRACT, OR OTHERWISE, WITH RESPECT TO THE SERVICES, OR ANY USER ACTION OR INACTION ON THE SERVICES, OR ANY OTHER SUBJECT MATTER OF THESE TERMS, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF PITCHTOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). OUR AGGREGATE LIABILITY ARISING OUT OF THESE TERMS OR PITCHTOP WILL NOT EXCEED THE AMOUNT OF FEES EARNED BY US IN DIRECT CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM FOR LIABILITY. THE FOREGOING LIMITATIONS SHALL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW. SOME STATES DO NOT ALLOW LIMITATIONS ON LIABILITY, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms constitutes the entire agreement between you and PitchTop and governs your use of the Services, superseding any prior or contemporaneous agreements, proposals, discussions, or communications between you and us on the subject matter here.
Except as otherwise specified in the Agreement, all notices given under this Agreement by you to PitchTop will be in English and in writing to PitchTop, Attn: Legal Department, 1 Daniel Burnham Ct Ste 418, San Francisco, CA 94109, with an electronic copy (which shall not constitute notice) to [email protected]. Notice to PitchTop will be deemed given upon receipt when delivered personally, upon written verification of receipt from overnight courier, or upon verification of receipt of registered or certified mail.
PitchTop may communicate with you regarding the Services by means of electronic communications, including (i) sending electronic mail to the email address you provided to us during registration or (ii) posting of notices or communications within the Admin console or on the Service. You and us agree that PitchTop may communicate by means of electronic communications the following types and categories of communications and records: these Terms (and revisions or amendments), notices or disclosures regarding the Services, payment authorizations, and any other matter relating to your use of the Services. You are responsible for providing its own hardware, software and electronic access to the Internet in order to use the Services and access the electronic communications. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy on your computer. Electronic communications will be deemed received by you when PitchTop sends the electronic communication to the email address you provided at the time of registration or as revised by you thereafter in accordance with these Terms or when we post the electronic communication within the Admin console or on the Service. For those categories of communications or records that PitchTop is otherwise required under applicable law to provide in a written paper form to you, PitchTop and you agree that PitchTop may provide the communications or records to you by means of electronic communications. The following additional terms will apply to electronic communications: (a) you may contact us at [email protected] to request another electronic copy of the electronic communication without a fee; (b) you may request a paper copy of an electronic communication, and PitchTop reserves the right to charge you a fee to provide a paper copy; (c) you may contact PitchTop through the Service to update your registration information (such as email address) used for electronic communications or to withdraw consent to receive electronic communications; and (d) PitchTop reserves the right to terminate your use of the Service if you decline or withdraw consent to receive electronic communications from PitchTop.
Any claim, cause of action or dispute ("claim") arising out of or related to these Terms shall be governed by the laws of the state of California regardless of your country of origin or where you access the Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and PitchTop agree that all claims arising out of or related to these Terms must be resolved exclusively by a state or federal court located in San Francisco County, California, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and PitchTop agree to submit to the personal jurisdiction of the courts located within San Francisco County, California for the purpose of litigating all such claims. Notwithstanding the above, you agree that PitchTop shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
For any claim (excluding claims for injunctive or other equitable relief) where the total amount of the award sought is less than $10,000, Merchant or PitchTop may elect to resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. In the event a party elects arbitration, they shall initiate such arbitration through an established alternative dispute resolution ("ADR") provider mutually agreed upon by the parties. The ADR provider and the parties must comply with the following rules: (a) the arbitration shall be conducted by telephone, online, and/or be solely based on written submissions, the specific manner shall be chosen by the party initiating the arbitration; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) any judgment on the award rendered by the arbitrator shall be final and may be entered in any court of competent jurisdiction.
No waiver of any terms of these Terms shall be deemed a further or continuing waiver of such term or any other term. PitchTop's failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is found by an arbitrator or court of competent jurisdiction to be invalid, the parties nevertheless agree that the arbitrator or court should endeavor to reform such provision to give effect to the parties' intentions as reflected herein. The other provisions of the Terms shall remain in full force and effect.
The owner of the Services is based in the state of California in the United States. You agree to comply with all laws, restrictions, and regulations relating to the export of products and information. For purposes of the U.S. Export Administration Act ("Export Laws"), you warrant that you are: (a) not a citizen, or otherwise located within, an embargoed nation (including without limitation the Office of Foreign Assets Control ("OFAC") comprehensively embargoed countries of Iran, Syria, Cuba, North Korea and Sudan and certain Specially Designated Nationals listed by OFAC as updated from time to time and (b) not otherwise prohibited under the Export Laws from receiving such products and information.
You acknowledge that we have the right to report to law enforcement authorities any actions that may be considered illegal or unlawful, as well as any reports we receive of such conduct. When requested, PitchTop reserves the right to cooperate fully with law enforcement agencies in any investigation of alleged illegal activity regarding the use of the Services.
Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Services or under these Terms must be filed by either party within two (2) years after such claim or cause of action arose or be forever barred.
The section titles in these Terms are for convenience only and have no legal or contractual effect.
On April 19, 2015 we released a completely new Terms of Use. Please read it in its entirety.