Updated Nov 15 2024
Terms and Conditions
Agreement between User and pitchstone.com
Welcome to pitchstone.com. The pitchstone.com website (the "Site") is comprised of various web pages operated by Pitchstone Technology, LLC ("Pitchstone"). pitchstone.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of pitchstone.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
pitchstone.com is an E-Commerce and/or business marketing site.
Privacy
Your use of pitchstone.com is subject to Pitchstone's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting pitchstone.com or sending emails to Pitchstone constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Pitchstone does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use pitchstonetechnology.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
pitchstone.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pitchstone and Pitchstone is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pitchstone is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pitchstone of the site or any association with its operators. Certain services made available via pitchstonetechnology.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the pitchstonetechnology.com domain, you hereby acknowledge and consent that Pitchstone may share such information and data with any third party with whom Pitchstone has a contractual relationship to provide the requested product, service or functionality on behalf of pitchstonetechnology.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use pitchstone.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Pitchstone that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pitchstone or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pitchstone content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pitchstone and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pitchstone or our licensors except as expressly authorized by these Terms.
Indemnification
You agree to indemnify, defend and hold harmless Pitchstone, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pitchstone reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pitchstone in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.