Terms of Service

By using the Services or the website gopitchwell.com ("Website"), you agree to these terms and policies. If you have any questions about these Terms of Service, please contact us at [email protected].

These Terms of Service are entered into by and between you ("user," "you," or "your") and PitchWell LLC ("Company," "we," "our," or "us") (user and the Company are also referred to individually as a "party" and collectively as the "parties"), and they govern your access to and use of the Website as well as the Company's software, products, hosting, services, sales, marketing, and all related components, accessories, and documents, and all content, functionality, updates and revisions thereto (collectively, the "Services").

Please read these Terms carefully before you start to use the Services. By using the Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy, which is incorporated herein by reference (collectively, the "Terms"). These Terms include an arbitration agreement, waiver of class-action rights, and liability limitations. If you do not agree to the Terms, do not use the Services.

These Terms remain in full force and effect while you use the Services. All provisions of the Terms shall survive termination by either party, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.

The Services are intended only for access and use by individuals at least 18 years of age. By accessing or using the Services, you warrant and represent that you are at least 18 years of age and with the full authority, right, and capacity to enter into this agreement and abide by all of the terms and conditions of the Terms. If you are not at least 18 years of age, you are prohibited from using the Services, including accessing the Website.

Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.

We may revise and update the Terms from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Section N (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

We reserve the right to withdraw or amend the Services, and any service or material we provide on the Website. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some or all of the Services to users.

To access the Services you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide is correct, current, and complete. You agree that all information you provide to register for use of the Services or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you register for an account, you are solely responsible for maintaining the confidentiality of your account information, as well as any and all activities that occur under your account. You must immediately notify us of any unauthorized use of your account and any other such security breach. We will not be liable for any loss that may occur as a result of someone else using your account or password, with or without your knowledge. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms or Company's policies.

The Services, including the Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. We reserve all rights that are not expressly granted to you under this agreement or by law.

The look and feel of the Website is copyrighted. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from the Company. Company makes its Services available strictly for authorized use by users. This does not mean we are assigning any ownership or right of exploitation to users.

Your use of the Services is subject to the following conditions and restrictions:

• You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as it is created and owned by you.
• You must not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Website.

The Website may allow you to generate content, including, but not limited to, text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials ("Content"). You are solely responsible for the Content of, and for any harm resulting from, any Content that you post, upload, link to, or otherwise make available via the Website, regardless of the form of that Content. We are not responsible for any display or misuse of your Content. Additionally, you agree to the following terms:

• Company may remove Content. We do not pre-screen Content, but we have the right (though not the obligation) to refuse or remove any Content from the Website that, in our sole discretion, violates any provision of these Terms or Company's policies.
• Ownership of Content, Right to Post, and License Grants. You retain ownership of and responsibility for your Content. If you are posting anything you did not create yourself or do not own the rights to, you agree that you are responsible for any Content you post; that you will only submit Content that you have the right to post; and that you will fully comply with any third-party licenses relating to Content you post. Any templates or content that you upload or use within the Website remain your original work and will not be used, copied, reproduced, modified, adapted, distributed, or incorporated into any other capacity within the Website without your explicit prior approval. You grant us and our legal successors the nonexclusive, worldwide, and royalty-free right to use, copy, reproduce, display, modify, adapt, distribute, and perform your Content, solely for the purpose of rendering it for your use of the Services. This includes the right to store it on our database and make backups; show it to you and your users; parse it into a search index or otherwise analyze it on our servers; and perform it, in the case that your Content is something like an app, music, or video.

You may use the Website only for lawful purposes and in accordance with the Terms in their entirety. We reserve the right to monitor our Website for the purpose of determining that use of the Website complies with these Terms. You agree that you will not use the Website, directly or indirectly:

• In any way that violates any applicable federal, state, local, or international law, rule of professional conduct, or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personal information (as defined in our Privacy Policy) or otherwise.
• In any manner that abuses, threatens, defames, libels, incites hatred or violence toward, victimizes, intimidates, or otherwise harasses any person or group of persons.
• In a manner that discriminates on the basis of race, color, ethnicity, national origin, ancestry, religion, sex, gender, gender identity or expression, sexual orientation, age, military or veteran status, marital status, disability, or any other class protected under the law.
• To transmit content that is pornographic or obscene.
• To transmit or procure the sending of any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
• In any way that uses the Services or any of our intellectual property commercially or for a competitive product or service.
• In any way that infringes upon the rights of others, or that in any way is illegal, threatening, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity.
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm or offend the Company or users of the Services or expose them to liability.
• To reverse engineer, decompile, tamper with, or disassemble the technology used to provide the Services (except as and only to the extent any foregoing restriction is prohibited by a non-waivable provision of applicable law) or otherwise attempt to obtain source code.
• Impersonate or misrepresent your identity or affiliation with a person, entity, or organization, or use a false identity.

Additionally, you agree not to, directly or indirectly:

• Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real-time activities through the Website.
• Use any robot, spider, automation, scraping tool, or any other automatic device, methodology, process, or means to access or use the Website for any purpose, including, but not limited to, monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Take any action that may damage or falsify the Company or Website rating.
• Otherwise attempt to interfere with the proper working of the Website.

We have the right to:

• Take any action with respect to any user that we deem necessary or appropriate in our sole discretion, including if we believe that such user violates the Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including, without limitation, referral to law enforcement for any illegal or unauthorized use of the Services.
• Terminate or suspend your access to all or part of the Services, including the Website, for any or no reason, including, without limitation, any violation of the Terms.

We will not be required to respond to third-party data subject requests on behalf of users of the Services. We will, in a manner consistent with the nature and functionality of the services provided by Company and based on Company's role as a data processor under the meaning of the General Data Protection Regulation ("GDPR"), to the extent applicable, provide mechanisms or reasonable support to registered users that are functioning as data controllers to enable such registered user to respond to data subject requests to exercise their rights under GDPR or other applicable data protection laws (collectively, any "Data Subject Requests"). If Company receives a Data Subject Request or other complaint directly from a data subject regarding the processing of personal data, Company will promptly forward such request or complaint to the responsible user and will not respond to the request itself, unless required by applicable data protection laws.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

We do not warrant the accuracy, completeness, or usefulness of any information on the Website, including any documents that are posted for use on the Website by Company or by Company's users. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

The Website may include content provided by third parties, including materials provided by other users and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials and all articles and responses to questions and other content other than the content provided by the Company are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

The Website is controlled and operated from the United States and is subject to its laws. If you choose to access the Website outside of the United States, you do so at your own risk and are responsible for complying with all applicable laws, rules, and regulations. Company makes no representation that the Website may be used in or complies with the laws of other locations. Use from other locations is at your own risk. You consent to processing the data you provide in the United States of America.

While we try to keep the Services, including the Website, safe, secure, and well-functioning, using our Services exposes users to some risks. Company is not responsible for any harm users may experience. Furthermore:

THE SERVICES AND ALL MATERIALS, CONTENT, AND PRODUCTS INCLUDED IN OR MADE AVAILABLE IN CONNECTION WITH THE SERVICES ARE PROVIDED "AS IS," WITH NO REPRESENTATIONS OR WARRANTIES WHATSOEVER. COMPANY AND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, LATENT DEFECTS, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, AND QUIET ENJOYMENT.

COMPANY DOES NOT REPRESENT OR WARRANT THAT THE SERVICES OR ITS USE WILL: (I) BE UNINTERRUPTED OR SECURE, (II) BE FREE OF DEFECTS, INACCURACIES, OR ERRORS, OR OTHERWISE CURRENT OR COMPLETE, (III) MEET USER REQUIREMENTS, (IV) OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE USERS USE OR THIRD-PARTY WEBSITES OR APPLICATIONS, OR (V) BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

YOU AGREE THAT YOUR USE OF THE SERVICES WILL BE AT YOUR SOLE RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR HARDWARE OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SERVICES.

Company's liability for any damages you or a third party may incur is limited as follows:

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS AFFILIATES, OR THEIR RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, ASSOCIATES, PARTNERS, EQUITY HOLDERS, ADVISORS, AGENTS, EMPLOYEES, OR REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES WHATSOEVER (INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, PERSONAL INJURY, LOSS OF PRIVACY, OR ATTORNEYS' FEES), ARISING OUT OF OR IN ANY WAY RELATED TO THE SERVICES, INCLUDING THE WEBSITE, REGARDLESS OF THE CAUSE OF ACTION ON WHICH THEY ARE BASED, EVEN IF COMPANY OR SUCH OTHER PERSONS OR ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT WILL THE CUMULATIVE, AGGREGATE LIABILITY OF COMPANY IN CONNECTION WITH THE SERVICES, INCLUDING THE WEBSITE, EXCEED $100 OR THE AMOUNTS YOU PAID TO COMPANY IN CONNECTION WITH THE PARTICULAR PRODUCT OR SERVICE AT ISSUE WITHIN THE PREVIOUS TWELVE MONTHS FROM THE DATE OF THE CLAIM, WHICHEVER IS GREATER.

You agree to indemnify Company for all costs in connection with claims.

You agree to defend, indemnify, and hold Company, its affiliates, and their respective members, directors, officers, associates, partners, equity holders, advisors, agents, employees, or representatives harmless from any damage, loss, cost, or expense (including but not limited to attorneys' fees and costs) incurred in connection with any third party claim, demand, or action brought or asserted against any of the indemnified parties: (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms by you; (ii) arising from or related to your use of the Services; or (iii) arising from or related to your user Content.

If you have any dispute with us, you agree that before taking any formal action, you will contact us at [email protected], provide a brief, written description of the dispute, and your contact information and allow 60 days to pass, during which we will attempt to reach an amicable settlement of any issue. Disputes are further limited by the following:

These Terms, your use of the Services, and any other matter relating to Company will be governed by the laws of the state of California, without regard to conflict of laws principles.

These Terms and each of its parts evidence a transaction involving interstate commerce, and the United States Arbitration Act applies in all cases and governs the interpretation and enforcement of the arbitration rules and arbitration proceedings. Any claims arising out of, relating to, or connected with these Terms must be asserted individually in binding arbitration administered by the American Arbitration Association ("AAA") in accordance with its Commercial Arbitration Terms and the AAA Supplementary Procedures for Consumer Related Disputes (including, without limitation, utilizing desk, phone or video conference proceedings where appropriate and permitted to mitigate costs of travel) in San Francisco, California. The arbitrator shall not conduct any form of class or collective arbitration nor join or consolidate claims by or for individuals. The Arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of these Terms, including but not limited to any claim that all or any part of these Terms is void or voidable or a particular claim is subject to arbitration. Judgment on the award rendered by the Arbitrator may be entered in any court of competent jurisdiction. There are only two exceptions to this arbitration agreement:

First, if we reasonably believe that you have in any manner violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief in any court of competent jurisdiction.

Second, any claim of $1,000 or less may, at the option of the claiming party, be resolved in small claims court in San Francisco County, California if the claim and the parties are within the jurisdiction of the small claims court.

BY AGREEING TO THESE TERMS, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY HAVE TO A COURT TRIAL (OTHER THAN SMALL CLAIMS COURT AS PROVIDED ABOVE) OR TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT, ARBITRATION, OR OTHER PROCEEDING FILED AGAINST US AND/OR RELATED THIRD PARTIES.

REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SERVICES, OR THE TERMS MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES OR IT WILL BE FOREVER BARRED.

No waiver by the Company of any term or condition set forth in the Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under the Terms shall not constitute a waiver of such right or provision.

If any provision of the Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

The Agreement constitutes the sole and entire agreement between you and the Company with respect to the Services and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.

All feedback, comments, requests for technical support, and other communications relating to the Services, including the Website, should be directed to: