Last updated: August 11, 2021
Thank you for using Pivot Ship! These Terms of Service (“Terms”) govern your use of the Pivot Ship services, including Pivot Ship’s website, Pivot Ship’s mobile applications, APIs, and any websites (or portions thereof) or mobile applications that are operated by Pivot Ship (collectively, the “Services”), a New York corporation (“Pivot Ship”). This Agreement applies to all visitors, users, and others who access the Services (each, hereafter, a “user”).
The Services comprise a technology platform that presents you with a select shipping store’s (“Retailer”) virtual storefront from which you can receive pricing estimates for packing and/or shipping your personally designated item(s) to anywhere in the Contiguous United States.
When you use the Services to receive an estimation for goods, you authorize the use of the information you enter to determine an estimate for shipping and/or packaging your item(s). You acknowledge that the Retailer designated to receive and fulfill your estimate is acting on your behalf to ship and/or package your item(s) and is not the owner of your item(s). The Retailer will determine, upon receiving your item(s), the accuracy of the Ship-To Address; Weight; Dimensions; Fragility Level; and Contents that you provided in your Initial Estimate.
You agree that if Pivot Ship or the Retailer obtains credit card information entered using the Services, Pivot Ship will board that credit card information to the vault. Neither Pivot Ship nor the Retailer will be obtaining authorization for your credit card for the estimate(s) provided by Services. Your credit card will not be charged unless your estimate is verified in store by the Retailer and approved by you. Should you reject the estimate and/or cancel your estimate, your card will not be charged and your credit card information will be removed from the vault.
Should your Initial Estimate change in price upon receiving your item(s) (due to a change in Ship-To Address; Weight; Dimensions; Fragility Level; or Additional Carrier Specific Surcharges, the Retailer will contact you–via your designated preferred method of contact provided by you when using the Services–for re-approval of your estimate. Should you approve this Final Estimate, your Shipment will be finalized; a shipping label will be generated by the Retailer, and the credit card which was boarded to the vault will be charged for the amount of your Final Estimate, including any goods, services, applicable fees, and/or taxes.
The Retailer sets the prices of the goods on the Services, and the Retailer may set prices for goods on the Services that are different from in-store prices.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and Pivot Ship, Pivot Ship does not form any employment or agency relationship with you and does not hold title to any goods that you order through the Services or ship through the Retailer.
Unless otherwise indicated, all prices and other amounts are in the currency of the jurisdiction where the Retailer is located.
Occasionally there may be information on the Services that contains typographical errors, inaccuracies, or omissions that may relate to pricing, product descriptions, promotional offers, and product availability. Pivot Ship reserves the right to correct any errors, inaccuracies or omissions and to change or update information or refuse or cancel orders if any information on the Services is inaccurate at any time without prior notice (including after you have submitted your order and/or your credit card has been charged).
Your Use of the Services
Pivot Ship grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and Pivot Ship’s policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have Pivot Ship’s written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that Pivot Ship provides for that purpose (for example, you may not “scrape” the Services through automated means or “frame” any part of the Services), and you may not interfere or attempt to disrupt the Services.
Some parts of the Services may allow you to upload or submit content (such as text, images, video, lists, links, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You grant Pivot Ship and/or the Retailer a non-exclusive, royalty-free, worldwide, transferable, sub-licensable, perpetual license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. Pivot Ship and/or the Retailer may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
You may have the option of accessing the Services through downloadable software and this software may update itself automatically on your device. Some software, or portions of software, in the Services may be governed by open source licenses. In that case, Pivot Ship will make such licenses available to you and, in the case of conflict between such a license and these Terms, the open source license will control but only with respect to the software, or portion of the software, to which it applies.
If you are using Pivot Ship Services for its intended purposes on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that you are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. You also agree that you will comply with all applicable laws when accessing or using the Services and you will respect those who you encounter in your use of the Services, including Retailer personnel and Pivot Ship personnel, including individuals who support Pivot Ship’s Help Center. Pivot Ship and the Retailer reserve the right to decline orders, refuse partial or full pick-up, terminate accounts, and/or cancel orders at any time in its sole discretion.
We’re constantly modifying and improving the Services. Pivot Ship and/or the Retailer may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide Pivot Ship and/or the Retailer with any feedback on or comments regarding the Services, you grant Pivot Ship and/or the Retailer the right to use such feedback or comments for any purpose without restriction or payment to you.
If you have any requests for order cancellations, please visit your account or contact the Retailer to initiate such requests.
Pivot Ship Communications
By creating an Pivot Ship user account, you agree to accept and receive communications from Pivot Ship or Retailer, including via email, text message, calls, and push notifications to the cellular telephone number you provided to Pivot Ship. You understand and agree that you may receive communications generated by automatic telephone dialing systems and/or which will deliver pre recorded messages sent by or on behalf of Pivot Ship and/or its affiliated companies and/or Retailer, including but not limited to communications concerning orders placed through your account on the Services. Message and data rates may apply. You may also opt-out of receiving text messages from Pivot Ship and/or Retailer by replying “STOP” from the mobile device receiving the messages.
Certain Retailers may, at their discretion, extend the Services of Pivot Ship to include user accounts and affiliated discounts. You understand that such a service extends directly from the Retailer and not Pivot Ship and separate terms and conditions provided by the Retailer apply. You also understand that you will need to contact the Retailer if you have any questions regarding your account management and/or pricing.
Third-party Products and Content
You agree that Pivot Ship does not assume responsibility for any products, content, services, websites, advertisements, offers, or information that is provided by third parties and made available through the Services, nor does Pivot Ship assume responsibility for your interactions with any Third Party Provider (including a Retailer). If you purchase, use, or access any such products, content, services, advertisements, offers, or information through the Services or you engage with any Third Party Provider, you agree that you do so at your own risk and that Pivot Ship will have no liability based on such purchase, use access, or engagement.