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This Terms of Service is a contract agreement that governs “you” or “your” (customers, clients, contracted partners, contracted workers, and service partners) and us (Pixsan) and the use of the Pixsan’s Web Site “Pixsan Solutions” located at https://www.pixsansolutions.com, including any services and features advertised, promoted, or available on or through the Web Site such as:
SEO Services, Performance-based SEO Services, Local Citations, Digital Marketing Consulting Services, Website Optimization Services, Website Maintenance, Website Design and/or Development, Blog Management, Social Marketing, PPC Advertising, Analytics Set-up and Management, Co-Marketing Programs, Reseller Services, Coding, Script Installations, Website Audits, Content Optimization, On-page and/or Off-page Optimization, API Terms of Use, and Software Licenses.
The Website is made available by Pixsan, and our Terms of Service is so important that we cannot provide our services to you unless you agree to them. We may change the Terms of Service from time to time, at any time, by posting such changes on the Site. PLEASE READ THESE CUSTOMER TERMS CAREFULLY, BY ENTERING INTO A CONTRACT OR AGREEMENT OR USING THE SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF SERVICE AS APPLIED TO YOUR USE OF THE PIXSAN WEBSITE AND ALL PIXSAN SERVICES. If you do not agree to these Terms of Service, you may not access or otherwise use the website or services.
1. Managed Services, which includes: SEO, Social Marketing, Blog Management, Website Maintenance, Content Optimization, Website Design and Development, Local Citations & PPC Advertising
“Managed Services” governs any of Pixsan’s Programs including “SEO“, Social Marketing”, “Blog Management”, “Website Maintenance”, “Local Citations”, “Content Optimization”, “Website Design & Development” and/or “PPC Advertising”. Pixsan customers sign-up for “Managed Services” by contacting Pixsan through their contact form () or by calling Pixsan through 619-259-0208.
All “Managed Services” are on month-to-month contracts unless otherwise stated, and can be canceled at any point in time with written notice. If customer cancels the “Managed Service”, applicable monthly pro-rated charges will be applied based on the date of cancellation, although there will not be any additional cancellation fees. All “Managed Service” closures and/or account closures must be formally documented and provided to Pixsan in writing directly from the account owner that originated the account, and submitted directly through Pixsan’s Contact Form at https://www.pixsansolutions.com/contact-us/, and received by Pixsan at support@pixsansolutions.com. Pixsan will respond to the request and confirm in writing the “Managed Services” closure and/or the account closure.
For “Website Maintenance”, Pixsan provides the following Service Level Agreement (“SLA”) for Business Customers demonstrating:
1. 99.90% Uptime. The Service will serve Customer Content 99.90% of the time outside of Customer Planned Downtime. Customer Planned Downtime is from 2am-4am US CS(D)T. Additional Customer Planned Downtime may be excluded from the 99.90% Uptime measurement.
1.2 Penalties. If the Service fails to meet the above service level, the Customer will receive a credit equal to the result of the Service Credit calculation in Section 6 of this SLA.
2. Definitions.
2.1 Capitalized terms used in this SLA and not otherwise defined have the meanings ascribed to them in Pixsan’s Terms of Service.
2.2 “Claim” means a claim submitted by Customer to Pixsan pursuant to this SLA that a Service Level has not been met and that a Service Credit may be due to Customer.
2.3 “Customer” refers to the organization that has purchased and explicitly enabled “Website Maintenance” from Pixsan’s “Managed Services”
2.4 “Customer Content” means any files, software, scripts, multimedia images, graphics, audio, video, text, data or other objects originating or transmitted from any website owned or operated by the customer and routed to, passed through, and/or stored on or within the company’s website.
2.5 “Customer Planned Downtime” is downtime specified by Pixsan that is to be excluded from any calculation of an Outage Period. This would apply to any time when the Customer has requested Service access suspended from their environment or from 2am-4am US CS(D)T.
2.6 “Customer Support” means the services by which Pixsan may provide assistance to Customer to resolve issues with the Service.
2.7 “Force Majeure” refers to any downtime minutes that are the result of events or conditions beyond Pixsan’s reasonable control. Such events might include but are not limited to any acts of common enemy (including, but in no way limited to DDoS attacks), the elements, earthquakes, floods, fires, epidemics, and inability to secure products or services from other persons or entities.
2.8 “Incident” means any set of circumstances resulting in a failure to meet a Service Level.
2.9 “Outage Period” is equal to the number of downtime minutes resulting from an Unscheduled Service Outage.
2.10 “Scheduled Availability” is the total number of minutes in the month minus any Customer Planned Downtime, and downtime caused by Force Majeure.
2.11 “Service” means, collectively, the information, tools, features and functionality offered by Pixsan or through any software or other websites that Pixsan utilizes to perform its obligations to the Customer.
2.12 “Service Credit” is the percentage of the monthly service fees for the Service that is credited to Customer for a validated Claim.
2.13 “Service Level” means standards Company chooses to adhere to and by which it measures the level of service it provides as specifically set forth below.
2.14 “Unscheduled Service Outage” are those interruptions to the Service that have not been previously communicated to the Customer and that result in the Customer’s application being unavailable to its customers or users. Unscheduled Service Outages exclude downtime minutes resulting from Customer Planned Downtime or downtime cause by Force Majeure.
3. Pixsan’s “Website Maintenance” Service provides this SLA subject to the following terms.
3.1 In order to be eligible to submit a Claim with respect to any Incident, the Customer must first have notified Pixsan Customer Support of the Incident, using the procedures set forth by Pixsan, within (1) business day following the Incident.
3.2 To submit a Claim, Customer must contact Pixsan Customer Support and provide notice of its intention to submit a Claim. Customer must provide to Customer Support all reasonable details regarding the Claim, including but not limited to, detailed descriptions of the Incident(s), the duration of the Incident, network traceroutes, the URL(s) affected and any attempts made by Customer to resolve the Incident.
3.3 In order for Pixsan to consider a Claim, Customer must submit the Claim, including sufficient evidence to support the Claim, by no more than 3 business day after the end of the calendar month following the billing month in which the Incident which is the subject of the Claim occurs.
3.5 Pixsan will use all information reasonably available to it to validate Claims and make a good faith judgment on whether the SLA and Service Levels apply to the Claim.
4. SLA Exclusions.
4.1 This SLA and any applicable Service Levels do not apply to any performance or availability issues:
(a) Due to factors outside Company’s reasonable control;
(b) That resulted from Customer’s or third party hardware or software;
(c) That resulted from actions or inactions of Customer or third parties;
(d) Caused by Customer’s use of the Service after Company advised Customer to modify its use of the Service, if Customer did not modify its use as advised;
(e) During beta and trial Service (as determined by Company); Or
(f) Attributable to the acts or omissions of Customer or Customer’s employees, agents, contractors, or vendors, or anyone gaining access to Company’s Service by means of Customer’s Authorized Users’ accounts or equipment.
5. Service Credits.
5.1 The amount and method of calculation of Service Credits is described below in Section 6.
5.2 Service Credits are Customer’s sole and exclusive remedy for any violation of this SLA.
5.3 The total amount of Service Credits awarded in any twelve (12) month period shall not, under any circumstance, exceed one (1) month of a Customer’s cumulative total monthly service fees.
5.4 Service Credits for this SLA will only be calculated against monthly recurring fees associated with the Service.
6. Service Credit Calculation.
6.1 For any and each Outage Period during a monthly billing period, Pixsan will provide as a Service Credit an amount calculated as follows: for downtimes below 99.90% uptime in the calendar month, the Service Credit will be $1.00 per 10 minutes down, or the total monthly charge, whichever is less.
7. PPC Advertising
7.1 These Terms & Conditions (herein referred to as “PPC”) apply to the following Services Ordered: “PPC Advertising” and/or “PPC Management”.
The Customer selecting these services is engaging the Company for Paid Advertising Campaign Management.
(a) Success Measurement: Company measures Campaign Services success by one or a combination of the following metrics: clicks, traffic, budget management, leads, cost per lead; number of actions taken and time spent; impressions. Success metrics are reported by Company to Customer via monthly performance reports upon Customer request based on channel reporting (Google, Bing, Facebook, Twitter, etc).
(b) Term and Termination: Unless otherwise agreed upon, all programs are provided on a month-to-month basis with no term and may be terminated by either party by providing 30 days written notice to the other party. If customer cancels “PPC Advertising”, an applicable monthly pro-rated charges will be applied based on the date of cancellation, although there will not be any additional cancellation fees.
(c) Auto-Renewal: Campaign Services auto-renew each month, and programs can be canceled at any time. Customer will be responsible for a final charge equal to the agreed upon total monthly charge on the next (and last) billing day. If Customer prepaid for the PPD Advertising Program, Customer will be entitled to utilize any remaining balance of funds paid on the final billing day.
(d) Program Setup Period: Campaign Services require a setup period (The setup period may vary, however, usually the setup period is completed within 7-10 business days)
(e) Company’s Discretion: Pixsan will appropriate funds and resources at Company’s full discretion, and Customer hereby agrees that it does not have the authority to assert Control over Company’s decisions as it relates to spending decisions, although does control the monthly investment allocation pre-determined prior to the 1st day of each new month.
(f) Release: Customer releases Company from any and all liabilities that may arise from the management or execution of a paid ad campaign or the creation or use of art, content, or other materials provided or created by Company or Customer. Customer recognizes that all monthly ad budgets must be pre-determined, pre-approved, and pre-paid. Customer recognizes that certain ad platforms may not allow for exact budget allowances, and must accommodate up to 10% deviation from desired spend. Customer recognizes that PPC Advertising Programs are not an exact science. Errors and omissions are understood by Customer to happen from time-to-time and Customer agrees to release Company from financial responsibility for losses of revenues, profits, products, services, relationships, or other business assets or deliverables.
Pixsan owns, solely and exclusively, all rights, title and interest in and to the Site, all the content (including, for example, audio, photographs, illustrations, graphics, other visuals, video, copy, software, etc.), code, data and materials on the website, and the look and feel, design, compilation and organization thereof, including, but not limited to, any copyrights, trademark rights, patent rights, database rights, moral rights and other intellectual property and proprietary rights therein; with the exception, in some cases, of submitted materials, as defined below in Section 8. Your use of the Site does not grant you ownership of any content, code, data or materials that you may access on the Site.
All information you submit to Pixsan is held as confidential and is not shared with anyone other than those who will help complete the job you contract us for. All content we provide is considered a “work for hire”, unless otherwise specified in an agreement between you and Pixsan. Nonpayment of the agreed on price results in the copyrights belonging to Pixsan. Pixsan cannot be held responsible for similar content appearing anywhere nor can we be responsible for someone else misusing your content. It is your responsibility to police the content and protect your copyrights. You are responsible for any content you upload to your website. All of your content must be appropriately marked with licensing (or other permission status such as fair use) and reasonable attribution information, if not owned by you. If, as a consequence of a court judgment or allegation of patent infringement or for any other reason (not limited to patent issues), conditions are imposed on you (whether by court order, agreement or otherwise) that contradict the conditions of the posting of content or images to your site, they do not excuse you from the conditions of that action. Pixsan does not take any ownership of your content when you post it on our sites.
Resellers of “Pixsan’s Performance-Based SEO Services Program”, including affiliates and white label implementations, blog management and social marketing services are contractually bound as if they are the clients, and Pixsan is the provider. Any terms of service or contracts between resellers and clients remain between them and Pixsan shall not be held liable for what any reseller of “Pixsan’s Performance-Based SEO Services Program”, including affiliates and white label implementations, blog management and social marketing services does with content or any other promises they make to their customers. All resellers of “Pixsan’s Performance-Based SEO Services Program” and/or “Managed Services”, including affiliates and white label implementations, blog management and social marketing services, including writers, bloggers, or other people who freelance or work for Pixsan agree to the following:
You may access and view the content on the Site on your computer or other Internet-compatible device including mobile phones and tablets, and make single copies or prints of the content on the Site for your personal, internal use only. The Site and the Site’s services and any content and materials on the Site, are only for your personal, non-commercial use.
You may not commercially distribute, publish or exploit the Site, or any content, code, data or materials on the Site, unless you have received the express written prior permission of Pixsan or the applicable rights holder. Other than as set forth in Section 4. of this Terms of Services Agreement, you may not download, display, copy, reproduce, distribute, modify, perform, transfer, create derivative works from, sell or otherwise exploit any content, code, data or materials on the Site. If you make other use of the Site, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws, and you may be liable for such unauthorized use. Pixsan will enforce its intellectual property rights to the fullest extent of the law.
The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Web Site or on content available through the Web Site are registered and unregistered Trademarks of Pixsan and other owners and may not be used unless authorized by the trademark owner. Pixsan will enforce its Trademark rights to the fullest extent of the law.
In the course of your use of the Site, you may be asked to provide certain personal information to us. Our information collection and use policies with respect to the privacy of such personal information are set forth in the Site’s Privacy Policy, which is incorporated herein by reference for all purposes. You, and not Pixsan, are responsible for the accuracy, currency and content of such information.
Unless specifically requested, we do not solicit nor do we wish to receive any confidential, secret or proprietary information or other material from you through the Site, by e-mail or in any other way. Any information, creative works, demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to us (including, for example and without limitation, that which you submit or post to our chat rooms, message boards, online meetings and/or our blogs, or send to us via e-mail) (Submitted Materials) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with Pixsan’s Privacy Policy. By submitting or sending Submitted Materials to us, unless we agree otherwise specifically in writing, you: (i) represent and warrant that the Submitted Materials are original to you, that no other party has any rights to such Submitted Materials (in whole or in part), and that any “moral rights” in Submitted Materials have been waived, and (ii) you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us, and we may delete or destroy any such Submitted Materials at any time.
You agree that, while using the Web Site and the Web Site’s various services and features, you will not: impersonate any person or entity, whether actual or fictitious, or misrepresent your affiliation with any person or entity, including without limitation, anyone from Pixsan or the Site; insert your own or a third party’s advertising, branding or other promotional content into any of the Web Site’s content, materials or services (for example, without limitation, in an RSS feed or a podcast received from Pixsan or otherwise through the Web Site), or use, redistribute, republish or exploit such content or service for any further commercial or promotional purposes; obtain or attempt to obtain unauthorized access to computer systems, materials, information or any services made available on or through the Site through any means; engage in spidering, “screen scraping,” “database scraping,” harvesting of e-mail addresses, wireless addresses or other contact or personal information; engage in any automatic means of accessing, logging-in or registering on the Site or for any of the Site’s services or features, or obtaining lists of users or obtaining or accessing other information, services or features on, from or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; use the Site or the Site’s services in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, or interfere with any other party’s use and enjoyment of the Site, including, without limitation, sending mass unsolicited messages or “flooding” servers with requests; use the Web Site or the Web Site’s services or features in violation of Pixsan’s or any third party’s intellectual property or other proprietary or legal rights; use the Site or the Site’s services in violation of any applicable law; attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, make unauthorized use of, or otherwise alter or interfere with the Site or the Site’s services, or any content on the Site or the Site’s services; or obtain or attempt to obtain any materials or information through any means not intentionally made publicly available or provided for through the Site.
We may, from time to time, make online communities, messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Web Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you will not upload, post, transmit, distribute or otherwise publish through the Web Site or any service or feature made available on or through the Web Site, any materials which: restrict or inhibit any other user from using and enjoying the Web Site or the Web Site’s services; are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit, indecent or are otherwise objectionable to Article Content Provider and Pixsan, in its discretion; constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law; violate, plagiarize or infringe the rights of third parties, including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary rights; contain a virus, spyware, or other harmful component; contain embedded links, advertising, chain letters or pyramid schemes of any kind; or constitute or contain false or misleading indications of origin, endorsement or statements of fact.
It is important to remember that comments, materials and information submitted to a public forum or online community may be recorded and stored in multiple places, both on our Web Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read, view or access them eventually. Therefore, you should not disclose any sensitive, personal, proprietary or confidential information, about yourself or others, in your comments or other submissions to our public forums or other online communities, such as to our blog(s).
We reserve the right (but have no obligation) to monitor or review all materials posted or submitted to the Web Site or through the Web Site’s services or features by users (including, for example and without limitation, our blog(s)), and we are not responsible for any such materials posted by users. However, we may disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post, delete or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of this Terms of Services Agreement, our policies or applicable law.
We may insist that any link to the Web Site be discontinued, and we may revoke your right to link to the Web Site from any other web site at any time upon written notice to you, and in such event you agree to discontinue any such linking activity.
You agree to defend, indemnify and hold Pixsan, its affiliates, and its and their directors, officers, employees, trustees and agents completely harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, “SEO Service” or “Managed Services”, and your placement or transmission of any message, content, information, software or other materials through the Site, or your breach or violation of the law or of this Terms of Services Agreement. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
We may make certain products available to visitors and registrants of the Site. You may only order products if you are 18 years old or older. You agree to pay in full the prices (and all applicable taxes) for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Pixsan. If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us. Certain products that you purchase and/or download on or through the Web Site may be subject to additional terms and conditions presented to you at the time of such purchase or download.
You may be able to link from the Web Site to third party web sites and third party web sites may link to the Web Site (“Linked Sites”). You acknowledge and agree that we have no responsibility for, nor do we endorse or sponsor, the information, content, products, services, advertising, code or other materials which may or may not be provided by or through Linked Sites, even if they are owned or run by affiliates of ours.
We respect the intellectual property rights of others and require that the people who use the Site do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to support@Pixsan.com.
THE SITE AND ITS SERVICES, CONTENT, FUNCTIONS AND MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE”, AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES, UPTIME OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS OR CONTENT, IMAGES OR INFORMATION ON THE SITE, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM ANY AND ALL SUCH WARRANTIES, EXPRESS AND IMPLIED. NO ADVICE, RESULTS OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE (INCLUDING, WITHOUT LIMITATION, THROUGH OUR BLOG(S)) SHALL CREATE ANY WARRANTY. PIXSAN ALSO ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.
WE RESERVE THE RIGHT TO CHANGE OR MAKE CORRECTIONS TO ANY OF THE INFORMATION PROVIDED ON THE SITE AT ANY TIME AND WITHOUT ANY PRIOR WARNING. WE CANNOT, AND DO NOT, GUARANTEE THE CORRECTNESS, PRECISION, THOROUGHNESS OR COMPLETENESS OF ANY OF THE INFORMATION AVAILABLE ON THE SITE, NOR WILL WE BE LIABLE FOR ANY INACCURACY OR OMISSION CONCERNING ANY OF THE INFORMATION PROVIDED ON THE SITE. WITHOUT LIMITATION OF THE ABOVE IN THIS SECTION, WE HEREBY DISCLAIM, AND YOU HEREBY WAIVE, ANY AND ALL WARRANTIES AND REPRESENTATIONS MADE IN PRODUCT OR SERVICES LITERATURE, FREQUENTLY ASKED QUESTIONS DOCUMENTS AND OTHERWISE ON THE SITE OR IN CORRESPONDENCE WITH PIXSAN OR ITS AGENTS OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AFFILIATES, RESELLERS, PARTNERS or CONTENT SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES).
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, AND IN NO EVENT WILL PIXSAN OR ITS AGENTS OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AFFILIATES, RESELLERS, PARTNERS OR CONTENT SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) BE LIABLE TO YOU ON ANY LEGAL THEORY FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF REVENUE OR INCOME, LOST PROFITS, PAIN AND SUFFERING, EMOTIONAL DISTRESS, COST OF SUBSTITUTE GOODS OR SERVICES, OR SIMILAR DAMAGES SUFFERED OR INCURRED BY YOU OR ANY THIRD PARTY THAT ARISE IN CONNECTION WITH THE SERVICES (OR THE TERMINATION THEREOF FOR ANY REASON) EVEN IF PIXSAN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL “THE PROTECTED ENTITIES” BE LIABLE FOR OR IN CONNECTION WITH ANY CONTENT POSTED, TRANSMITTED, EXCHANGED OR RECEIVED BY OR ON BEHALF OF ANY USER OR OTHER PERSON ON OR THROUGH THE SITE. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF THE PROTECTED ENTITIES TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THE TERMS OF SERVICE OR YOUR USE OF THE PIXSAN SITE OR SERVICES EXCEED 25% IN THE AGGREGATE OF THE AMOUNT, IF ANY, PAID BY YOU TO PIXSAN FOR YOUR USE OF THE SITE OR PURCHASE OF SERVICES VIA THE SITE.
We control and operate the Site from our offices in the United States of America. We do not represent that materials on the Site are appropriate or available for use in other locations. Persons who choose to access the Site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. This Terms of Services Agreement and the relationship between you and us shall be governed by the laws of the United States and the State of California, without regard to its conflict of law provisions. All parties agree that in the event of any dispute with respect to this Terms of Services Agreement or any respective obligations hereunder, such dispute shall be settled by arbitration in the County of San Diego, State of California, in accordance with the commercial rules of the American Arbitration Association. Any award rendered by the arbitrators shall be final and judgment may be entered upon it in any court of competent jurisdiction.
No agency relationship: The parties agree that no joint venture, partnership, employment, or agency relationship exists between you and Pixsan as a result of the Terms or from your use of any of the Pixsan Website or Services.
Integration: These Terms of Service constitute the entire agreement between you and Pixsan relating to this subject matter and supersede any and all prior communications and/or agreements between you and Pixsan relating to the Pixsan Website and use of the “Pixsan SEO Service” or “Managed Services”, including “Social Marketing”, “Blog Management”, “Website Maintenance”, “Website Design”, “Content Optimization”, “Local Citations” and/or “PPC Advertising”.
Our failure to exercise or enforce any right or provision of this Terms of Services Agreement shall not constitute a waiver of such right or provision. If any provision of this Terms of Services Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of this Terms of Services Agreement remain in full force and effect.
To the extent authorized by law, you agree to indemnify and hold harmless PIXSAN OR ITS AGENTS OR ANY OF ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, TRUSTEES, AFFILIATES, RESELLERS, PARTNERS or CONTENT SERVICE PROVIDERS (COLLECTIVELY, THE PROTECTED ENTITIES) from and against any and all claims, losses, expenses, damages, and costs, including ALL attorneys’ fees, resulting directly or indirectly from or arising out of (a) your violation of the Terms, (b) your use of any of the Services, and/or (c) the Content you make available on any of the Services.
Pixsan may terminate, change, suspend or discontinue any aspect of the Site or the Site’s services at any time. We may restrict, impose limits on, suspend or terminate your access to the Site and/or its services or features (e.g., our blog(s)) if we believe you have violated this Terms of Services Agreement or applicable law, or for any other reason without notice or liability. Pixsan maintains a policy that provides for the termination in appropriate circumstances of the Web Site use privileges of users who are repeat infringers of intellectual property rights. “Insolvent” accounts are active accounts that have not paid their monthly invoice within (7) business days from the initial date of insolvency. These “Insolvent” accounts will remain active for (90) days in Pixsan’s program, and then they will be terminated. During the (90-day period), Pixsan will e-mail the “Insolvent” a minimum of (3) times displaying the outstanding balance based upon the invoices which have not been paid. If correspondence efforts have not been responded to by the “Insolvent” account after the (90-day) period, Pixsan will then send the “Insolvent” account to an Independent 3rd Party Collections Agency inclusive of the outstanding balance owed. If the account does not pay the outstanding balance, or comply with the Independent 3rd Party Collections Agency, and then subsequently re-creates a new account, Pixsan is permitted to charge the credit card to bring the outstanding balance current, before proceeding with the new account activation. Pixsan will utilize its proprietary Fraud Prevention System to help identify and detect “Insolvent”, “Terminated” and/or “Fraudulent” accounts from “Pixsan’s Performance-based SEO Service Program” or Pixsan’s “Managed Services”. Cancellation of a Pixsan account is permitted unless the account currently has one or more active keywords. Due to the nature of our performance-based services, our upfront pricing and the fact that customers are not charged unless they receive an enhanced search engine ranking, and that the terms of “Managed Services” are agreed upon upfront; refunds cannot be provided. All keyword deactivation(s), “Managed Services” program cancellations, and/or account closure must be formally documented and provided to Pixsan in writing directly from the account owner that originated the account, and submitted directly through Pixsan’s Customer Dashboard Ticketing System at https://www. pixsansolutions.com/login. Pixsan will respond to the request and confirm in writing the keyword deactivation, ”Managed Services’ program cancellation, and/or the account closure.
Pixsan reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Service, in whole or in part, at any time. Changes to the Terms of Service will be effective when posted.
