LAST REVISION: [15-06-21]
PLEASE READ THIS TERMS OF SERVICE
AGREEMENT CAREFULLY. BY USING THIS WEBSITE OR ORDERING PRODUCTS FROM THIS
WEBSITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS
AGREEMENT.
This Terms of Service Agreement (the "Agreement")
governs your use of this website, [http://pixelitsolution.com/] (the
"Website"), Pixel Systems ("Business Name") offer of
products for purchase on this Website, or your purchase of products available
on this Website. This Agreement includes, and incorporates by this reference,
the policies and guidelines referenced below. Pixel Systems reserves the right
to change or revise the terms and conditions of this Agreement at any time by
posting any changes or a revised Agreement on this Website. Pixel Systems will
alert you that changes or revisions have been made by indicating on the top of
this Agreement the date it was last revised. The changed or revised Agreement
will be effective immediately after it is posted on this Website. Your use of
the Website following the posting any such changes or of a revised Agreement
will constitute your acceptance of any such changes or revisions. Pixel Systems
encourages you to review this Agreement whenever you visit the Website to make
sure that you understand the terms and conditions governing use of the Website.
This Agreement does not alter in any way the terms or conditions of any other
written agreement you may have with Pixel Systems for other products or
services. If you do not agree to this Agreement (including any referenced
policies or guidelines), please immediately terminate your use of the Website.
If you would like to print this Agreement, please click the print button on
your browser toolbar.
I. PRODUCTS
Terms of Offer. This Website
offers for sale certain products (the "Products"). By placing an
order for Products through this Website, you agree to the terms set forth in
this Agreement.
Customer Solicitation: Unless you notify our representative or
direct Pixel Systems sales representative, while they are calling you, of your
desire to opt out from further direct company communications and solicitations,
you are agreeing to continue to receive further emails and call solicitations Pixel Systems and its designated in
house or third party call team(s).
Opt Out Procedure: We provide 3 easy ways to opt out of from future solicitations.
1. You may use the opt out link
found in any email solicitation that you may receive.
2. You may also choose to opt
out, via sending your email address to: support@pixelitsolution.com
3. You may send a written remove
request to Pixel systems
Office no 106-107, Alka Elegant,
614A Nana Peth, near Nivdunga Vithoba Mandir, Opp to Indian Bank, Pune 02.
Proprietary Rights. Pixel Systems has proprietary rights
and trade secrets in the Products. You may not copy, reproduce, resell or
redistribute any Product manufactured and/or distributed by Pixel Systems. Pixel Systems also has rights to all
trademarks and trade dress and specific layouts of this webpage, including
calls to action, text placement, images and other information.
Sales Tax. If you purchase any Products, you will be
responsible for paying any applicable sales tax.
II. WEBSITE
Content; Intellectual Property; Third Party Links. In
addition to making Products available, this Website also offers information and
marketing materials. This Website also offers information, both directly and
through indirect links to third-party websites, about nutritional and dietary
supplements. Pixel Systems does not
always create the information offered on this Website; instead the information
is often gathered from other sources. To the extent that Pixel Systems does create the content on this Website, such content
is protected by intellectual property laws of the India, foreign nations, and
international bodies. Unauthorized use of the material may violate copyright,
trademark, and/or other laws. You acknowledge that your use of the content on
this Website is for personal, non-commercial use. Any links to third-party
websites are provided solely as a convenience to you. Pixel Systems does not endorse the contents on any such third-party
websites. Pixel Systems is not
responsible for the content of or any damage that may result from your access
to or reliance on these third-party websites. If you link to third-party
websites, you do so at your own risk.
Use of Website; Pixel Systems is not responsible for
any damages resulting from use of this website by anyone. You will not use the
Website for illegal purposes. You will (1) abide by all applicable local,
state, national, and international laws and regulations in your use of the
Website (including laws regarding intellectual property), (2) not interfere
with or disrupt the use and enjoyment of the Website by other users, (3) not
resell material on the Website, (4) not engage, directly or indirectly, in
transmission of "spam", chain letters, junk mail or any other type of
unsolicited communication, and (5) not defame, harass, abuse, or disrupt other
users of the Website
License. By using this Website,
you are granted a limited, non-exclusive, nontransferable right to use the
content and materials on the Website in connection with your normal,
noncommercial, use of the Website. You may not copy, reproduce, transmit,
distribute, or create derivative works of such content or information without
express written authorization from Pixel
Systems or the applicable third party (if third party content is at issue).
Posting. By posting, storing, or transmitting any content
on the Website, you hereby grant Pixel
Systems a perpetual, worldwide, non-exclusive, royalty-free, assignable,
right and license to use, copy, display, perform, create derivative works from,
distribute, have distributed, transmit and assign such content in any form, in
all media now known or hereinafter created, anywhere in the world. Pixel Systems does not have the ability
to control the nature of the user-generated content offered through the
Website. You are solely responsible for your interactions with other users of
the Website and any content you post. Pixel
Systems is not liable for any damage or harm resulting from any posts by or
interactions between users. Pixel Systems reserves the right, but has no obligation, to monitor interactions between and
among users of the Website and to remove any content Pixel Systems deems objectionable, in MuscleUP Nutrition 's sole
discretion.
III. DISCLAIMER OF WARRANTIES
YOUR USE OF THIS WEBSITE AND/OR
PRODUCTS ARE AT YOUR SOLE RISK. THE WEBSITE AND PRODUCTS ARE OFFERED ON AN
"AS IS" AND "AS AVAILABLE" BASIS. PIXEL SYSTEMS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH
RESPECT TO THE PRODUCTS OR WEBSITE CONTENT, OR ANY RELIANCE
UPON OR USE OF THE WEBSITE
CONTENT OR PRODUCTS. ("PRODUCTS" INCLUDE TRIAL PRODUCTS.)
WITHOUT LIMITING THE GENERALITY
OF THE FOREGOING, PIXEL SYSTEMS MAKES NO WARRANTY:
THAT THE INFORMATION PROVIDED ON
THIS WEBSITE IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
THAT THE LINKS TO THIRD-PARTY
WEBSITES ARE TO INFORMATION THAT IS ACCURATE, RELIABLE, COMPLETE, OR TIMELY.
NO ADVICE OR INFORMATION, WHETHER
ORAL OR WRITTEN, OBTAINED BY YOU FROM THIS WEBSITE WILL CREATE ANY WARRANTY NOT
EXPRESSLY STATED HEREIN.
AS TO THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE PRODUCTS OR THAT DEFECTS IN PRODUCTS WILL BE
CORRECTED. REGARDING ANY PRODUCTS PURCHASED
OR OBTAINED THROUGH THE WEBSITE.
SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT
APPLY TO YOU.
IV. LIMITATION OF LIABILITY
PIXEL SYSTEMS ENTIRE
LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHWERWISE, WITH
RESPECT TO THE WEBSITE CONTENT AND PRODUCTS AND/OR FOR ANY BREACH OF THIS
AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID, LESS SHIPPING AND HANDLING,
FOR PRODUCTS PURCHASED VIA THE WEBSITE.
PIXEL SYSTEMS WILL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
IN CONNECTION WITH THIS AGREEMENT OR THE PRODUCTS IN ANY MANNER, INCLUDING
LIABILITIES RESULTING FROM (1) THE USE OR THE INABILITY TO USE THE WEBSITE
CONTENT OR PRODUCTS; (2) THE COST OF PROCURING SUBSTITUTE PRODUCTS OR CONTENT;
(3) ANY PRODUCTS PURCHASED OR OBTAINED OR TRANSACTIONS ENTERED INTO THROUGH THE
WEBSITE; OR (4) ANY LOST PROFITS YOU ALLEGE.
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 YOU.
V. INDEMNIFICATION
You will release, indemnify, defend and hold harmless Pixel Systems, and any of its contractors,
agents, employees, officers, directors, shareholders, affiliates and assigns
from all liabilities, claims, damages, costs and expenses, including reasonable
attorneys' fees and expenses, of third parties relating to or arising out of
(1) this Agreement or the breach of your warranties, representations and
obligations under this Agreement; (2) the Website content or your use of the
Website content; (3) the Products or your use of the Products (including Trial
Products); (4) any intellectual property or other proprietary right of any
person or entity; (5) your violation of any provision of this Agreement; or (6)
any information or data you supplied to [Business Name]. When Pixel Systems is threatened with suit
or sued by a third party, [Business Name] may seek written assurances from you
concerning your promise to indemnify [Business Name]; your failure to provide
such assurances may be considered by [Business Name] to be a material breach of
this Agreement. Pixel Systems will
have the right to participate in any defense by you of a third-party claim
related to your use of any of the Website content or Products, with counsel of Pixel Systems choice at its expense. Pixel Systems will reasonably cooperate
in any defense by you of a third-party claim at your request and expense. You
will have sole responsibility to defend Pixel
Systems against any claim, but you must receive Pixel Systems prior written consent regarding any related
settlement. The terms of this provision will survive any termination or cancellation
of this Agreement or your use of the Website or Products.
VI. PRIVACY
Pixel Systems believes strongly in protecting user privacy and providing you with notice
of use of data. Please refer to Pixel Systems privacy policy,
incorporated by reference herein, that is posted on the Website.
VI. AGREEMENT TO BE BOUND
By using this Website or ordering Products, you acknowledge
that you have read and agree to be bound by this Agreement and all terms and
conditions on this Website.
VIII. GENERAL
Force Majeure. Pixel Systems will not be deemed in
default hereunder or held responsible for any cessation, interruption or delay
in the performance of its obligations hereunder due to earthquake, flood, fire,
storm, natural disaster, act of God, war, terrorism, armed conflict, labor
strike, lockout, or boycott.
Cessation of Operation. Pixel Systems may at any time, in its
sole discretion and without advance notice to you, cease operation of the
Website and distribution of the Products.
Entire Agreement. This Agreement
comprises the entire agreement between you and Pixel Systems and supersedes any prior agreements pertaining to the
subject matter contained herein.
Effect of Waiver. The failure of Pixel Systems to exercise or enforce
any right or provision of this Agreement will not constitute a waiver of such
right or provision. If any provision of this 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 Agreement remain in full force
and effect.
Governing Law; Jurisdiction.
This Website originates from the Pune, Maharashtra. This Agreement will be
governed by the laws of the State of Maharashta
without regard to its conflict of law principles to the contrary.
Neither you nor Pixel Systems will
commence or prosecute any suit, proceeding or claim to enforce the provisions
of this Agreement, to recover damages for breach of or default of this
Agreement, or otherwise arising under or by reason of this Agreement, other
than in courts located in State of Maharashtra.
By using this Website or ordering Products, you consent to the
jurisdiction and venue of such courts in connection with any action, suit,
proceeding or claim arising under or by reason of this Agreement. You hereby
waive any right to trial by jury arising out of this Agreement and any related
documents.
Statute of Limitation. You agree
that regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of the Website or Products or this
Agreement must be filed within one (1) year after such claim or cause of action
arose or be forever barred.
Waiver of Class Action Rights. BY
ENTERING INTO THIS AGREEMENT, YOU HEREBY IRREVOCABLY WAIVE ANY RIGHT YOU MAY
HAVE TO JOIN CLAIMS
WITH THOSE OF OTHER IN THE FORM
OF A CLASS ACTION OR SIMILAR PROCEDURAL DEVICE. ANY CLAIMS ARISING OUT OF,
RELATING TO, OR CONNECTION WITH THIS AGREEMENT MUST BE ASSERTED INDIVIDUALLY.
Termination. Pixel Systems reserves the right to terminate your access to the
Website if it reasonably believes, in its sole discretion, that you have
breached any of the terms and conditions of this Agreement. Following
termination, you will not be permitted to use the Website and Pixel Systems may, in its sole
discretion and without advance notice to you, cancel any outstanding orders for
Products. If your access to the Website is terminated, Pixel Systems reserves the right to exercise whatever means it
deems necessary to prevent unauthorized access of the Website. This Agreement
will survive indefinitely unless and until [Pixel Systems chooses, in its sole discretion and without advance
to you, to terminate it.
Domestic Use. Pixel Systems makes no representation
that the Website or Products are appropriate or available for use in locations
outside India. Users who access the Website from outside India do so at their
own risk and initiative and must bear all responsibility for compliance with
any applicable local laws. Assignment. You may not assign your rights and
obligations under this Agreement to anyone] may assign its rights and
obligations under this Agreement in its sole discretion and without advance
notice to you.
BY USING
THIS WEBSITE OR ORDERING PRODUCTS FROM THIS WEBSITE YOU
AGREE
TO BE BOUND
BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.
