PIX LLC TERMS OF USE
Effective Date: January 25, 2020
Welcome! This website is owned and operated by PIX LLC (“PIX,” “we”, “us”, or “our”). These Terms of Use (“Terms”) apply to the use of our website; social media properties; blog, RSS feed, and any content available on or through our aforementioned properties (collectively, the “Services”). In this document, “user” or “you” means an individual who accesses, visits or uses our Services.
Applicability
Your Consent
Before you access or use the Services, please read these Terms fully and carefully, as they constitute a binding contract between you and PIX with respect to your access and use of the Services.
By accessing or using the Services, you acknowledge that you have read these Terms and that you agree that these Terms will constitute the entire agreement between you and PIX with respect to:
- your access and use of the Services and any of its features;
- any information or content, such as articles, blog posts, forms, templates, documents, or other materials (collectively, “Content”)
- any and all communications or submissions of information or materials made by you to PIX through the Services or otherwise (unless you are expressly informed otherwise by us).
If you do not agree to these Terms, please do not access or use the Services.
Updates
PIX may amend these Terms at any time in our sole discretion, with or without notice to you. The latest version of the Terms will always be posted on this page. When we amend these Terms, we will update the Effective Date at the top of this page. Any such amendments to these Terms will be effective as of the updated Effective Date. By accessing or using the Services on or after the updated Effective Date, you indicate to us that you accept and agree to the amended Terms. Please review these Terms CAREFULLY, as they may have changed since you last visited the Services.
Disclosures
No Legal Advice or Opinion
The Services and the Content (including without limitation Content discussing legal issues or developments in the law) are made available for general informational purposes only and are not intended to constitute legal advice or a legal opinion or in any way to substitute for specific advice from legal counsel. Because the applicability of any Content is heavily dependent on the specific facts and context, and because the law is constantly changing, PIX does not guarantee or warrant that any Content is accurate or comprehensive. PIX is under no obligation to keep the Content up-to-date. Please do not use the Content as the basis for any decision and you should not act or refrain from acting based on any Content without first consulting a qualified professional in the applicable law or subject matter. You agree that your use of the Services and the Content is entirely at your own risk.
No Attorney-Client Relationship
You agree that your access and use of the Services, including the submission of information to us through the Services, does not create an attorney-client relationship between you and PIX. PIX enters into attorney-client relationships with its clients only pursuant to certain policies and procedures unrelated to the Services, including the execution of an engagement letter, a screen for conflicts of interest, and other PIX policies or rules of the Bar Associations in the states in which we maintain offices. If you wish to inquire about PIX’s legal services and how you might become a client of PIX, please contact us at support (at) pix (dot) llc.
No Confidentiality
Unless you are an existing client of PIX and you have signed confidentiality agreement with PIX, you agree that any communications you initiate with PIX (including without limitation any attorneys or employees affiliated with PIX) through the Services (or otherwise, such as through email, telephone, voicemail, text message, direct message, or any other communication) will not be treated as confidential unless explicitly and specifically indicated otherwise. Unless you are an existing client of PIX and have a signed confidentiality agreement in place, you should not communicate any information that is confidential, proprietary, or otherwise sensitive, and PIX makes no guarantees or warranties with respect to the confidentiality, use, disclosure, or return of any information we receive.
No Advertising or Solicitation
The Services is not intended to be an advertisement or solicitation.
No Guaranteed Outcomes
The Content may contain descriptions of prior matters or testimonials from current or former clients. Any descriptions or testimonials on the Services are not intended to, and do not, guarantee future successful outcomes, and do not imply PIX’s continued or current representation of any clients identified.
General Terms
Information and Data Privacy
You acknowledge and agree that any information or data submitted by you or collected by PIX in connection with your access or use of the Services will be subject to PIX’s Website Privacy Statement, and you hereby consent to the collection, use, and disclosure practices described therein. If you are a PIX client, additional privacy, data security, and data use terms may apply pursuant to additional agreements between you and PIX. If you have any questions about PIX’s information and data practices, please contact us at privacy (at) pix (dot) llc.
Submissions & Guidelines
Some parts of the Services may allow users to provide comments (“Submission(s)”). You are responsible for the content and consequences of any Submission you provide.
If you upload a Submission, we ask you to follow the following guidelines:
- Be polite and courteous;
- Stay on topic;
- Keep the conversation relevant to the community;
- Contribute to the dialogue;
- Do not impersonate someone else, exiting or imaginary.
- Do not post any material that is or may be threatening, harassing, degrading, obscene, objectionable, hateful, intimidating, defamatory, libelous, or fraudulent;
- Do not post any material that is or may be protected by intellectual property right, right of publicity or privacy or any other similar right without the appropriate permissions.
When you upload a Submission, you represent and warrant that you own or have sufficient rights to post your Submission, you have all rights necessary to grant the licenses granted in this Section, that your Submissions is complete and accurate, is not fraudulent, tortious and does not violate any law or any right of any third party, including, without limitation, privacy rights, publicity rights, intellectual property rights or contract rights.
We do not claim any ownership rights in a user’s Submissions. After posting such Submission, you continue to retain any rights you may have in such Submission, including any intellectual property rights, subject to the license you grant to us below.
Submissions are not treated as confidential. IF YOU CHOOSE TO PROVIDE ANY INFORMATION THROUGH THE SERVICES, YOU DO SO AT YOUR OWN RISK.
For each Submission, you grant to us a worldwide, royalty-free, fully paid-up, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable license, to reproduce, distribute, perform , publicly display, create derivative works of, adapt, modify, use, analyze and exploit such Submission, in any format or media now known or hereafter developed, and for any purpose, including promotional purposes, such as testimonials.
You irrevocably waive any “moral rights” or other rights if attribution of authorship or integrity of material regarding each Submission that you may have under any applicable law.
Our Right to Manage the Services
We reserve the right, but do not undertake the obligation to:
- Monitor or review the Services for non-compliance with these Terms;
- Screen users, or attempt to verify their identity;
- Report to law enforcement authorities and/or take legal action against anyone who violates these Terms;
- Manage the Services in a manner designed to protect our and third parties’ rights and property, or to facilitate the proper functioning of the Services;
- Terminate or block any user for violating these Terms;
- Refuse, restrict access to, remove, delete, edit or disable (to the extent technologically feasible) any comment made by a third party;
- Withdraw or amend any part of the Services without prior notice.
We have no obligation to provide any updates, correct errors, or continue to provide or enable any particular features or functionality. We will not be liable if, for any reason, any part of the Services is unavailable for any length of time.
Intellectual Property Rights
Except for your Submissions, and those of other users of our Services, we own or have appropriate license to use and display the Services and Marks. We own all right, title and interest, including all intellectual property or proprietary rights in the Services and Marks. These rights are protected by United States and foreign laws and through international conventions. We reserve all rights not expressly granted in and to the Services and Marks.
Limited License
Subject to these Notice & Terms, PIX grants you a limited, nonexclusive, revocable, personal license to access and use the Services and to view, reproduce and distribute the Content solely for noncommercial and informational purposes, only in unmodified form, and only with attribution to PIX and without removing or obscuring any attributive, copyright, or permission notices provided on or contained within the Content. PIX reserves the right in its sole discretion to modify or delete any Content for any reason or no reason. Though you may link to any publicly available page on the Services and share the Content pursuant to this limited license, you agree to immediately remove any link or take down any shared Content upon request from PIX.
License Termination
If you violate any of these Terms, your license to use the Services will cease immediately and you will be required, in our discretion and at your cost, to return or destroy any copies of the Services and any Content that you have made, and to reimburse us for all costs and expenses resulting from having to recreate any data lost due to your actions or omissions, and for any loss of income or opportunity caused by such violation.
Prohibited Uses
As a condition of accessing and using the Services, you agree not to use the Services or any Content for any purpose that is prohibited by these Terms, and further agree not to use the Services in any manner that (a) violates any applicable law, rule, regulation, contract to which you are bound, or government or judicial order; (b) infringes the intellectual property or privacy rights of PIX or others; (c) constitutes the unauthorized transmission of unsolicited commercial electronic mail; (d) involves the transmission of defamatory or libelous materials; (e) violates, attempts to violate, or knowingly facilitates the violation of the system security of the Services, or otherwise interferes with or attempts to interfere with the normal operations of the Services; (f) involves software viruses or any other malicious computer codes, files, or programs; (g) impersonates any person or entity, including anyone affiliated with PIX; (h) constitutes fraud; (i) bypasses, circumvents or attempts to bypass or circumvent any measures used by PIX to prevent or restrict access to the Services (including without limitation by use of passwords associated with accounts that do not belong to you, whether or not authorized by the applicable accountholder); (j) harvests or scrapes any information from the Services; or (k) otherwise violates these Terms. You are responsible for all of your activity in connection with your access and use of the Services.
Links to Third Party Services
The Services may include links to third party sites or otherwise present information or material from third party sites. Such third party sites are not subject to these Terms or PIX’s Website Privacy Statement, and PIX assumes no liability with respect to any third party sites. Please review the terms and conditions and privacy policies applicable to those third party sites.
Unauthorized or Accidental Access of Information
In the event you gain access to any information not intended to be accessed by you, you agree that you will immediately notify PIX at privacy (at) pix (dot) llc and lawfully destroy all copies of such information in your possession.
Disclaimer of Warranties
The Services and the Content are provided “as is.” To the maximum extent permitted by law, PIX disclaims all warranties (express, implied, statutory and otherwise), including any warranties of merchantability, fitness for a particular purpose, accuracy of information, timeliness of information, non-infringement, and uninterrupted or error free operation. Your access to and use of the Services and Content is at your own risk.
Limitation of Liability & Damages
To the maximum extent permitted by law, in no event will PIX or its agents, partners, employees, vendors, or licensors be liable for any consequential, special, exemplary, or punitive damages (including without limitation damages for loss of data, revenue, or profits), foreseeable or not, arising out of your access or use of the Services or the Content, based on any claim whatsoever, and even if advised that such damages were possible. The maximum, aggregate liability of PIX to you arising out of or related to the Services or the Content will not exceed one hundred dollars ($100.00), which amount will be in lieu of all other remedies which you may have against PIX and the aforementioned persons.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF CERTAIN WARRANTIES, OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IN ONE OF THESE STATES OR JURISDICTIONS, THE LIMITATIONS OR EXCLUSIONS IN THE SUBSECTIONS IMMEDIATELY ABOVE MAY NOT APPLY TO YOU.
Users Located Out of the United States
Access to the Services by certain persons or in certain countries may not be legal. If you access the Services or from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Miscellaneous
Governing Law
You agree that any dispute arising out of or in connection with the Services, the Content, or these Terms will be governed by the laws of the State of California without regard to conflict of laws principles, and that you submit to the exclusive jurisdiction and venue of the state and federal courts located in San Francisco County, California.
No Waiver
The failure of PIX or you to exercise any right provided for herein will not be deemed a waiver of that or any further rights hereunder.
Entire Agreement
These Terms constitute the entire agreement between you and us regarding the use of the Services and supersede any prior or contemporaneous understandings and agreements between you and us related to the subject matter hereof.
How to Contact Us
If you have any questions about our data handling practices, please contact us by using our Services contact form(s) or by emailing us at support (at) pix (dot) llc.
PIX LLC 