Terms of Service
PLEASE CAREFULLY READ THE TERMS OF USE AGREEMENT IN ITS ENTIRETY BEFORE ACCESSING, VIEWING, OBTAINING, AND/OR PURCHASING ANY PROGRAMS, COURSES, SUBSCRIPTIONS, MATERIALS, INFORMATION, PRODUCTS, OR SERVICES ON, THROUGH, OR RELATED TO THIS WEBSITE. BY CLICKING “I AGREE,” YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ AND AGREE TO THE TERMS OF USE AGREEMENT AND THAT THE TERMS OF USE AGREEMENT IS BINDING AND GOVERNS ANY AND ALL CONTENT OR ITS USE ON, THROUGH, OR RELATED THIS WEBSITE. IF YOU DO NOT AGREE WITH THE TERMS OF USE AGREEMENT, THEN DO NOT CLICK “I AGREE” AND DO NOT VIEW OR ACCESS ANY OF THE CONTENT ON THIS WEBSITE. THE TERMS OF USE AGREEMENT WILL BE IMMEDIATELY EFFECTIVE THE EARLIER OF YOUR ACCESS OR USE OF THE WEBSITE OR ANY CONTENT ON THE WEBSITE OR PAYMENT OF ANY FEE.
Section 1. Genera
(a) These PreXsentials LLC (“PXL”)Terms of Use Agreement ("Terms") govern your access
to and use of the the-impactor.com website (“Site”) as well as all content, data, materials, information, websites, applications, images, illustrations, designs, videos, icons, hotographs, software, content, and other materials and information therein (collectively, the “Content”). These Terms apply to any user of the Site. Subject to your acceptance of these Terms, PXL offers access to and use of the Site to you. By accessing, viewing, using, purchasing, making payment, or obtaining any Content on, through, or related to the Site, you agree to observe, follow, and be bound by these Terms.
(b) For users of Site and/Content that subscribe to any membership, products, and services on the Site on a one-time or recurring basis (each “Subscriber”), these Terms also govern your subscription with PXL (“Subscription”) as further set forth in the Subscription section below ("Subscription Terms"). By entering and maintaining your Subscription, you agree to be bound by these Terms, including the Subscription Terms.
(c) If you violate or do not agree to these Terms, then your access to and use of the Site is
unauthorized. You represent and warrant to PXL that you are at least 18 years of age, you are capable of entering into, being bound to, and performing any transaction and activity, including performance under these Terms, related to or connected to the Site and Content. If you do not accept these Terms, please leave this Site immediately.
(d) PLEASE NOTE THAT SECTION 3 OF THESE TERMS CONTAIN CERTAIN PROVISIONS RELATING TO AUTOMATICALLY RENEWING SUBSCRIPTIONS. SECTION 12 CONTAINS CERTAIN PROVISIONS THAT GOVERN HOW CLAIMS YOU AND PXL MAY HAVE AGAINST EACH OTHER CAN BE BROUGHT. THESE PROVISIONS WILL, WITH LIMITED
EXCEPTION, REQUIRE YOU TO SUBMIT CLAIMS YOU HAVE AGAINST PXL TO BINDING AND FINAL ARBITRATION ON AN INDIVIDUAL BASIS, NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS, GROUP OR REPRESENTATIVE ACTION OR PROCEEDING.
(e) PXL reserves the right to change, modify, add, or remove any portions of these Terms at any time and its sole discretion. PXL will notify you of any change that PXL deems in its sole discretion as material to this Terms. Any change to this Terms will be effective either 30 days following PXL’s posting of the changes or for new users who register during this 30-day period, at the time of registration, as applicable. It is your responsibility to review these Terms periodically for any changes. Your use of the Site and Content following the effective date and any amendment of these Terms will signify your assent to and acceptance of its revised terms upon notice to you. Any such changes will not apply to any dispute between you and PXL arising prior to the date on which PXL posted the revised Terms incorporating such changes. The amended Terms supersede all previous versions.
(f) PXL, at its sole discretion, reserves the right to suspend, terminate, or restrict your access to the Site, any Content, or your Subscription at any time and for any reason without prior notice or liability. PXL may change or discontinue any or all aspect of the Content, including availability or price, without prior notice or liability.
Section 2. Intellectual Property; Restrictions
(a) The collection, arrangement, and assembly of the Site and all Content are the exclusive property of PXL. The Site, Content, and the information, files, documents, text, photographs, images, audio,
and video which it contains and any material made available on the Site are the property of PXL and/or PXL’s licensors (“Providers”). The Site and Content are protected by United States and international
copyright and trademark laws. You may not reproduce, reverse engineer, create derivative works of, reverse assemble or reverse compile, sell, lease, distribute, rent, assign, transfer, or modify any software on the Site or the Content. You may not use of any hyperlinks to this Site without written approval from an authorized
executive of PXL.
(b) Trademarks, logos, service marks, trade dress, and/or other intellectual property owned, controlled or licensed by PXL located or displayed on the Site or Content (“Marks”) are PXL’s or another
Provider’s registered and common law Marks. Your use of and access or use of this Site and Content do not grant you any license or right to use any of the Marks. All software, applications, and modules used on the Site and Content are proprietary to PXL or licensed to PXL by other parties.
(c) PXL does not claim ownership of any comments or reviews submitted or offered by you on or through this Site (each a "Comment") or your ideas, concepts, feedback, or know-how ("Ideas"). By making any Comment or providing any Idea, you agree that such Comment and Idea is non-confidential, non-proprietary, and may be disseminated or used by PXL in any manner that PXL decides to use any such Comment or Idea. If you make a Comment or provide an Idea, you automatically grant and warrant that the owner of such content has expressly granted, PXL a royalty-free, perpetual, irrevocable, worldwide, unlimited, nonexclusive license to use, reproduce, create derivative works from, modify, publish, edit, translate, distribute, perform, and display (publicly or otherwise) any Comment and Idea in any media or medium, or any form, format, or forum now known or hereafter developed. PXL may sublicense its rights in Comments and Ideas through multiple tiers of sublicenses. PXL is, and will be, under no obligation (1) to maintain any Comment or Idea in confidence; (2) to pay any compensation for any Comment or Idea; or (3) to respond to any Comment or Idea. You grant to PXL the right to use any name associated with any Comment or Idea that you make available to PXL, although PXL has no obligation to exercise such right, or to otherwise provide any attribution for any Comment or Idea. You are solely responsible for any Comments or Ideas that you make or provide, the consequences of making or providing a Comment or Idea, and your reliance on any Comments or Ideas. PXL is not responsible for the consequences of any Comment or Idea. PXL is not responsible for screening or monitoring Comments or Ideas. PXL reserves the right (but is not obligated) to: (1) record any Comment or Idea that you make or provide on the Site; (2) investigate an allegation that a Comment or Idea does not comply with these Terms; (3) determine in its sole discretion to remove or request the removal of Comments or Ideas which are abusive, illegal, disruptive, or outdated, or that otherwise fail to comply with these Terms; (4) terminate a user's access to any or all parts of the Site upon any breach of these Terms or the law; and (5) monitor, edit, or disclose any Comment or Idea, regardless of whether such Comment violates these Terms. PXL will have no liability or responsibility to users for performance or nonperformance of any such activities.
(d) By accessing the Site, you certify that you are using Content solely for personal, noncommercial purposes. You agree to abide by any and all restrictions regarding this Content. You may not use, copy, frame, republish, transmit, amend, post, sell, transfer reproduce, distribute, modify, publish, broadcast, display, sell, license, or otherwise exploit or distribute in any way any of the Content without the prior written consent of an authorized executive of PXL; provided, however, you may display one (1) copy of any materials made available to you by PXL on a single computer for your personal, noncommercial use only, as long as you keep all copyright and other proprietary notices intact; (2) do not modify or alter the Content in any way except for internal use; and (3) do not provide or make available the Content to any third party. No right, title or interest in any displayed materials or software is transferred to you as a result of any such display. All rights not expressly granted herein are reserved to PXL and one of the other Providers.
(e) Your access to this Content may be restricted by PXL, in whole or in part, and at any time, and granted solely upon these Terms You will not use any device or manual process to monitor Content available in the Site. You will not circumvent nor attempt to circumvent the access to any of the Content granted to you or on this Site.
(f) The Site and Content may contain links to third-party websites or may give you access to applications, software, or products provided by third parties. Please understand that those third-party websites and products may have different terms of use and privacy policies and you must comply with all such terms, and that PXL does not control and is not responsible for the content of such websites, products, services or the privacy practices of such third parties.
Section 3. Account; Subscription; Limited Access to Certain Content
(a) You are the sole authorized user of any account you create through the Site and are solely and fully responsible for all activities that occur under your account. You are solely responsible for maintaining the confidentiality and security of your account including the username and password. You will fully comply with these Terms, and you will not share your account username and password with other persons. You may not authorize others to use your accountholder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify PXL by contacting us at the contact information set forth at the end of these Terms. PXL will not be liable for losses, damages, liability, expenses, and fees incurred by PXL or a third party arising from someone else using your account regardless of whether you have notified PXL of such unauthorized use. You understand and agree that PXL may require you to provide information that may be used to confirm your identity and help ensure the security of your account.
(b) PXL reserves the right to accept, refuse, or revoke your Subscription with or without causeat any time at its sole discretion. You may register as Subscriber to an account through the Site. You agree that the information you provide to us during the registration process and at all other times when you use the Site or Content is accurate, current, and complete, and that you will keep it up to date at all times. If you provide any information that is, or that PXL has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, PXL has the right to suspend or terminate your account and refuse any and all current or future use of the Site and Content (or any portion thereof). For any purchases (including if you are a Subscriber), on in connection with the Site, you will be granted a limited single-use, non-exclusive, non-transferable, evocable license to access or view the Site and its Content for personal purposes on a single computer.
Section 4. Termination
If you fail to comply with any provisions of these Terms, PXL may suspend or terminate your access to the Site, your Subscription, or any of the Content. Upon termination, you must destroy all Content obtained from the Site and all copies (even if such copies were made in violation of these Terms) thereof, whether made under these Terms or otherwise. PXL may take such further action as PXL determines to be appropriate under the circumstances to eliminate or preclude repeat violations, and PXL shall not be liable for any damages of any nature suffered by any customer, user, or any third party resulting in whole or in part from PXL’s exercise of its rights under these terms and conditions.
Section 5. Charges and Payments
(a) Any charges payable by you for Subscriptions, courses, documents, or other products/services will be stated on the Site or otherwise agreed upon in a writing signed by an authorized executive of PXL. Payments must be made with major credit or debit cards unless otherwise agreed to by an authorized executive of PXL. ALL PAYMENTS, PURCHASES, AND SALES MADE ON OR IN CONNECTION WITH THIS SITE ARE FINAL. PXL DOES NOT OFFER ANY REFUNDS OR MONEY-BACK GUARANTEES. THERE WILL BE NO PRICE ADJUSTMENTS OR PRICE MATCHES MADE ON ANY PAYMENTS, PURCHASES, AND SALES ON OR IN CONNECTION WITH THIS SITE.
(b) (i) To access any courses located on the Site, you must first pay a course access fee. Currently, the course access fee is set forth within the Site. This course access fee may be one-time or recurring in nature. Notwithstanding anything in these Terms or Site to the contrary, Subscriber or user will only have up to 168 hours after the payment of the course access fee to access to display such course on a single computer.
(ii) To access any documents located on the Site, you must first pay a draft preview fee, draft delivery fee, and/or a draft amendment fee. Currently, the draft preview fee, draft delivery fee, and draft amendment fee are set forth within the Site. Notwithstanding anything in these Terms or Site to the contrary, Subscriber or user will only have up to 48 hours after the payment of the draft preview fee to access to display such draft on a single computer.
(iii) PXL will bill all subscription fees plus any applicable taxes upfront during registration. If you cancel your Subscription, cancellation will be
ffective at the end of the current monthly period or yearly period, as applicable. This means that you will have continued access to your Subscription for the remainder of that period, but you will not receive a refund.
(c) By providing a credit card or debit card, you are expressly agreeing that we are authorized to charge you upfront all subscription fees (depending on the nature of the subscription you select), course fees, or draft fees, or any other fees for additional services you may access or purchase, and any applicable taxes. The fees for each Subscription will be billed at the beginning of your Subscription and on each
monthly or yearly renewal date (depending on the nature of the subscription you select) thereafter unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms. You must cancel your subscription before your monthly or yearly renewal date in order to avoid charges for the next billing. Your subscription will continue in effect on a month-to-month or year-to-year basis unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these Terms.
(d) If there is a change in your credit card or debit card validity or expiration date, you will need to update your credit card or debit card immediately. If your credit card or debit card expires, and you do not update your information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts. You can cancel your account at any time through your
account settings.
Section 6. Representations and Warranties
You represent and warrant that:
(a) you own or otherwise control all of the rights to any and all information or materials that you upload or provide on the Site (“User Information”) by PXL and/or its designees will not infringe or violate the rights of any third party.
(b) you will not or attempt to access data not intended for such user or logging onto a server or an account which the user is not authorized to access; attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; and/or access or use the Site, Content, or any portion thereof without authorization from an authorized executive of PXL.
(c) that any and all User Information is free of computer programming routines or viruses that may or are intended to damage, interfere with, intercept or expropriate any system data or personal information, permit unauthorized access to or the Site or disable, damage or erase any portion of the Content processed or stored therein. You shall not, without PXL’s express approval, distribute or otherwise publish any User Information containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You shall keep your user ID and password confidential. You specifically acknowledge that soliciting other guests of the Site to join or become members of any commercial online or offline service or other organization is expressly prohibited. You shall remain solely responsible for the content of your communications. PXL has the right but not the obligation to monitor, edit or delete any User Information as it appears on the Site at any time and for any or no reason without your permission.
(d) you shall comply with all laws and regulations that apply to your access and use of the Site and Content, including, but not limited to, any applicable national laws that prohibit the export or transmission of technical data or software to certain territories or jurisdictions. You shall not submit User Information that is hateful, tortuous, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar, obscene, pornographic, illegal, or that would otherwise constitute or encourage a criminal offense, violate the rights of any party, give rise to liability or violate any law.
(e) you agree not to use the Site or Content to in any way that violates any applicable federal, state, local or international law or regulation; to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site or Content, or which, as determined solely by PXL, may harm PXL or users of the Site or Content or expose them to liability. You will not use the Site and Content in any manner that could disable, overburden, damage, or impair the Site or Content, interfere with any other party’s use of the Site and Content, or otherwise attempt to interfere with the proper working of the Site and Content.
(f) you acknowledge and agree that PXL is not a law firm and that general information contained on the Site or any of its Content does not constitute legal, business, and/or tax advice. You acknowledge and agree that you should engage a competent business, legal, and tax professionals relating to any issues relating to the Site or any of the Content. This Site and any of the Content provides general understanding of business and non-complete, preliminary draft of forms and information relating to prospective business transactions and other matters. Any general forms or information provided on this Site or in any Content related to prospective business transactions or matters should be discussed with a competed and professional advisor. Your purchase, download, and/or use of the Site or any Content does not constitute legal advice or the practice of law.
Section 7. Links to Third Party Websites
The Site will contain links to websites operated by third parties and are not under the control of PXL. PXL does not endorse or represent to the reliability, accuracy or quality of any information, goods, services or products displayed or advertised on such other websites. PXL shall not be deemed to be a party to any contract that you may or do enter into with the roviders of such goods, services or products. PXL hereby disclaims any and all liability for the content of such websites and any loss or damage of any nature suffered by you as a result either of accessing or using such websites or availing of or acquiring any or all of the content, goods, services, or products advertised or available on or via such websites. The use by you of such websites is at your sole risk.
Section 8. Privacy Policy
You hereby represent and warrant that you own or have the right to submit all information you send to PXL. Your use of PXL, including your registration data and other personal information, is subject to PXL’s Privacy Policy (the “Privacy Policy”). You represent and warrant that you have read the Privacy Policy and it is reasonable and acceptable to you. Your acceptance of these Terms is also your consent to and acceptance in the Privacy Policy.
Section 9. Disclaimer of Warranties
YOU ACKNOWLEDGE AND AGREE THE FOLLOWING: YOU AGREE THAT YOUR USE OF THE SITE AND CONTENT SHALL BE AT YOUR SOLE RISK AND YOU EXPRESSLY ASSUME THE RISK AS TO ACCURACY, AND COMPLETENESS OF THE CONTENT. ALL CONTENT CONTAINED OR ARE EXPOSED TO ON THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE BASIS” AND WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE AND NON-INFRINGEMENT AND THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE INFORMATION PROVIDED IS GENERIC IN NATURE AND DOES NOT CONSTITUTE LEGAL ADVICE, TAX ADVICE, OR ANY BUSINESS ADVICE. PXL IS NOT A LAW FIRM. PXL DOES NOT MAKE ANY REPRESENTATIONS OR GUARANTEES THAT THE SITE OR ANY CONTENT WILL BE ACCESSIBLE OR AVAILABLE FOR USE OR UNINTERRUPTED, ERROR FREE, OR ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PXL DOES NOT MAKE ANY EPRESENTATIONS OR GUARANTEES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF THE SITE OR CONTENT OR ANY CONTENT OF ANY SITES LINKED TO THE SERVICES. PXL IS NOT RESPONSIBLE FOR THE ACCURACY OR USEFULNESS OF THE SITE OR CONTENT AND YOU UNDERSTAND AND AGREE THAT THE INFORMATION ON THE SITE AND CONTENT MAY BE INACCURATE OR OBJECTIONABLE. TO THE FULLEST EXTENT PERMITTED BY LAW, PXL, ITS OWNERS, OFFICERS, MANAGERS, DIRECTORS, EMPLOYEES, PROVIDERS, AGENTS AND OTHER REPRESENTATIVES (“PXL PARTIES”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND CONTENT AND YOUR USE THEREOF. PXL ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SERVICES, ANY UNAUTHORIZED ACCESS TO OR USE OF PXL SERVERS, SITE, OR CONTENT, AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR CONTENT, ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS OR OMISSION ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. PXL DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING.
Section 10. Limitation of Liability
(a) TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION, IN NO EVENT SHALL ANY OF THE PXL PARTIES BE LIABLE FOR ANY DAMAGES OF ANY KIND OR NATURE WHATSOEVER, WHETHER DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION, COMPUTER VIRUSES, FILE CORRUPTION, COMMUNICATION FAILURE, NETWORK OR SYSTEM OUTAGE, THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, LOSS OF USE OF ANY RECORD OR DATA, AND ANY OTHER TANGIBLE OR INTANGIBLE LOSS OR OTHERWISE, THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE THE SITE OR ANY OF THE CONTENT PROVIDED ON THE SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, AND EVEN IF PXL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND CONTENT, ANY LINKED SITE, OR ANY SUBSCRIPTION PURCHASED THROUGH THE SITE AND CONTENT IS TO STOP USING THE CONTENT AND SITE. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, PXL’S MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THE SITE AND CONTENT IS THE LOWER OF THE AMOUNT THAT YOU HAVE PAID TO PXL IN CONNECTION WITH THE USE OF THE SITE IN THE LAST MONTH PRECEDING THE DATE ON WHICH THE CLAIM AROSE AND ONE HUNDRED DOLLARS ($100). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE. ANY DISCLAIMERS AND LIMITATIONS ON LIABILITY IN THESE TERMS ARE IN ADDITION TO, AND NOT IN LIEU OF, ANY DISCLAIMERS AND LIMITATIONS ON LIABILITY SET FORTH IN THESE TERMS OR ANY OTHER AGREEMENT BETWEEN YOU AND PXL.
Section 11. Indemnification
You will indemnify, defend, and hold harmless PXL Parties and each of their respective officers, directors, employees and agents from and against any claim, cause of action or demand, including without limitation reasonable legal and accounting fees from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Terms or from the termination and/or expiration of your access to or use of the Site and Content. Such termination will not affect either party’s rights or obligations, which accrued before the termination or expiration.
Section 12. Arbitration; Venue; and Governing Law
(a) Any dispute, controversy, or claim between us arising out of or relating in any way to this Terms, the Site, and/or any Content will be resolved by binding arbitration, rather than in court, except that PXL or us may assert claims in, or transfer claims to, small claims court if the claims qualify, as long as it is maintained as an individual claim. The Federal Arbitration Act and federal arbitration law shall apply to this arbitration agreement.
(b) There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages). Before beginning an arbitration proceeding, the initiating party must send an individualized letter to the other party, signed personally, identifying itself by full name and address, the legal claims and factual assertions, the requested relief and requesting arbitration. You may email this correspondence to [email protected]. Except as otherwise stated herein, if we cannot resolve our dispute within thirty (30) days of service of the individualized letter, the arbitration may be initiated by either party and will be conducted by National Arbitration and Mediation (namadr.com). We also agree to delegate the issue of arbitrability to an arbitrator. The party initiating or fling an arbitration is responsible for payment of all filing and case management fees; however, arbitrator and all other administrative fees will be governed by the arbitration tribunal’s rules relating to consumer disputes. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, PXL may seek and shall be entitled to its attorneys’ fees and costs if the arbitration finds your claims to be frivolous. There will be only one arbitrator, not a panel. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitration proceedings will be governed by the Federal Rules of Civil Procedure and Federal Rules of Evidence.
(c) We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a classwide basis.
(d) If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree that you or PXL may bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.
(e) Any claims arising in connection with your use of the Site or Content or relating to the Terms must be brought within one (1) year of the event giving rise to such action occurred; however, this period shall be tolled for the 30-day pre-filing notice period above.
(f) You agree that PXL shall be deemed solely based in the State of Texas and PXL shall be deemed a passive website that does not give rise to personal jurisdiction over PXL, either specific or general, in jurisdictions other than the state of Texas, without regard to its conflict of laws rules, will govern these Terms , as well as your and our observance of them. These Terms shall be governed by the laws of the State of Texas and you agree to submit to the exclusive jurisdiction of the courts of Dallas, Texas in respect of any disputes arising under or in connection with these Terms, Site, or Content.
Section 13. Omnibus
(a) The headings in these Terms are for your convenience and reference only. Such headings do not limit or affect these Terms.
(b) Your acceptance of these Terms and use of the Site do not create a joint venture, partnership, employment or agency relationship with PXL.
(c) PXL may assign these Terms without any restriction. You may not assign, delegate or transfer your rights or obligations under these Terms, and such purported assignment, delegation, or transfer shall be void and of no effect.
(d) PXL may modify these Terms at any time. Your continued use of PXL, following any modification of these Terms, will be subject to the Terms in effect at the time of your use. You will review these Terms periodically. Except as described in the preceding sentences, you and PXL can only modify
these Terms in a written document signed by You and by an authorized executive of PXL.
(e) If a court finds any provision of these Terms to be unenforceable or invalid, that provision will be enforced to the fullest extent permitted by applicable law and the other Terms will remain valid and enforceable. These Terms, together with those items made a part of these Terms by reference, make up the
entire agreement between PXL and you relating to your use of the Site, and replaces any prior understandings or agreements (whether oral or written) regarding Your use of the Site.
(f) A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and
maintained in printed form.
(g) PXL reserves the right to seek all remedies available at law and in equity for violations of these Terms, including but not limited to the right to suspend your account and remove any contents generated by you on the Site and Content, block your access to the Site and Content and block IP addresses.
(h) No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term, and PXL’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
Section 14. Other Terms
(a) Under Cal. Civ. Code § 1789.3, California users are entitled to know that they may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, in writing at 1625 North Market Blvd., Suite N 112, Sacramento CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or by email at
[email protected].
(b) You expressly acknowledge that there may exist claims or facts in addition to or different from those which are now known or believed by them to exist. Nonetheless, you acknowledge and agree that all rights under Section 1542 of the California Civil Code are expressly waived. Section 1542 of the California Civil Code provides: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.
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If you have any questions, comments or notices regarding this Terms of Service, please email us
at [email protected].