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Last update: December 2019Terms of Service Agreement

Please read this Terms of Service Agreement carefully as it contains important information regarding your legal rights, remedies and other information regarding the business-consumer relationship between Pineatix and you.

Overview

This Terms of Service Agreement, (this ‘Agreement’) is entered into by and between Pineatix and you, and is made effective as of the date you access this website or any affiliated websites including but not limited to PINEATIX.COM, PNTX.CC and PINEATIX.CO (a “Site” or our “Site” collectively); the date of electronic acceptance or the date of purchase of any goods and/or services from Pineatix. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site and third parties (individually and collectively, the “Services”). Services Agreements and additional policies apply to certain Services and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of a Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.
The terms “we”, “us” and/or “our” shall refer to Pineatix. The terms “you”, “your”, “User” and/or “Customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or use the Services. “User Account” shall refer to the any account created under the Customer’s name on our servers. Nothing in this agreement shall be deemed to confer any third-party rights.


Acceptance

The Customer signified acceptance of our Terms of Service, as well as our other policies, agreements and Service Agreements, when their continued use of our Site, Services and/or other provided goods, services or other.
You, the customer, acknowledges that the sole responsibility for ensuring that all Services used as in full compliance with this policy and other policies is the responsibility of the customers. The Customer is solely responsible for the files and applications that are/have been uploaded, with or without being executed, onto the Services.


Modification of Agreement, Site or Services

Pineatix, may in its sole and absolute discretion, change or modify this Agreement and any other policies or Services Agreements which are incorporated herein, at any time with or without notice to the Customer, and such changes or modifications shall be effective immediately upon posting to a Pineatix Site. The Customer accepts sole responsibility to regularly check the Site for updates to terms and conditions, and any other policies or Services Agreements to the Customer. Your use of our Site and/or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. Please contact support to on your behalf, or to assist you in cancel your Services and your associated billing account. In addition, Pineatix may, or may not, occasionally notify you of changes or modifications to this Agreement by email or a notification of any kind on our Site. It is therefore very important that you keep your User Account information accurate and up to date. Pineatix assumes no liability or responsibility for your failure to receive an email notification if such failure results from inaccurate email addresses or other inaccurate client information. In addition, Pineatix may terminate your Services or accounts for any violation or breach of the terms of this Agreement by You or any other reason. Pineatix reserves the right to modify, change or discontinue any aspect of our Site or the Services provided, including without limitation the price, any additional fees, or other details for the same, at any time.


Your User Account

In order to access some of the features of this Site or to use some of the Services, you will have to create a User Account, (or alternatively, “Account”). You represent and warrant to Pineatix that all information you submit when you create your User Account is accurate, current and complete and that you will keep your User Account information accurate, current and complete. If Pineatix has any reason to believe your User Account information is untrue, inaccurate, out-of-date or incomplete, Pineatix reserves the right, in its sole and absolute discretion, to suspend or terminate your User Account. You are solely responsible for the activity that occurs on your User Account, whether authorized by you or not, and you must keep your User Account information secure, including without representation your Customer Identification Number(s), User Account Pins, login information, passwords and Payment Method(s). For security purposes, Pineatix recommends you change your password often, at least once every six (6) months for all User Accounts. Pineatix also advises enabling two-factor authentication where available on all Services. Pineatix will not be liable for any loss you incur due to any unauthorized use of your User Account. You, however, may be liable for any loss Pineatix or other third-party affiliates incur caused by Your User Account, whether caused by you or by any authorized person, or by any unauthorized person.


User Content

Some of the features of our Site of the Services, including those Services that are hosted with Pineatix, may allow Users to view, post, publish, share, store or manage ideas, concepts, options, recommendations, advice; or literary, artistic, musical, computer code or other content including but not limited to photos and videos (all together, “User Content”). All content submitted through or in connection to your Account is considered User Content. By posting or publishing User Content to our Site; or to the Services, you represent and warrant to Pineatix that;

i. You have all the necessary rights to distribute the User Content via our Site or via any Services, either because you are the author of the User Content and have the right to distribute the User Content, or because you have the appropriate distribution rights, licenses, consents and/or permissions to use, in writing, from the copyright owner or authorized representative of the User Content; and
ii.The User Content does not violate the rights of any third party, nor breach any terms outlined in this document, or any applicable Services Agreements.

You acknowledge and accept that you shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

You acknowledge and agree that your any content submitted, your ‘User Content’, are entirely voluntary, and do not establish or a confidential relationship or obligate Pineatix to treat your User Content as confidential or secret. Pineatix has no obligation, either express or implied, to develop or use your User Content, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Content, and that Pineatix may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken/will take some other action.
By partaking in any contest or activity organised by Pineatix whereby Users are able to submit User Content or other content; you agree and warrant to Pineatix that it is legitimate User Content abiding by this terms of service agreement and any other applicable Services Agreements. Through submitting any content in relation to a contest or activity organised by Pineatix, you agree that Pineatix shall own exclusive rights (including all intellectual property and other proprietary right) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Content posted to our Site for any purpose, commercial or otherwise, without acknowledgement or compensation to you or to anyone else.

By using any Services, you authorized Pineatix to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by our Site and this Agreement and any other Services Agreements. You hereby grant Pineatix a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other words, display, and perform your User Content in connection with our Site, the Services and Pineatix’s (and Pineatix’s affiliates) business(es), including without limitation for promoting and redistributing all or part of the User Content through our Site or any other medium in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content with acknowledgement (with the exemption of User Content that you designate “private” or “password protected”) through our Site, and to use, reproduce, distribute, prepare derivate works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from our Site or Services. You understand and agree, however, that Pineatix may retain (but not distribute, display or perform) server copies of your User Content that have not been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable. Notwithstanding anything to the contrary contained herein, Pineatix shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting our Site or the Services, or Pineatix’s (or Pineatix’s affiliates’) business(es). If you have a website or other content hosted by Pineatix, you shall retain all ownership or licensed rights of the User Content.


General Rules of Conduct

You acknowledge and agree that:
i. Your use of our Site and the Services, including any content you submit will comply with this Agreement, and any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules and regulations.

ii. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as previously defined), or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

iii. You will not use our Site or the Services in a manner (as determined by Pineatix in its sole and absolute discretion) that:
- Is illegal, promotes and/or encourages illegal activity;
- Promotes, encourages and/or engages in child pornography or the exploitation of children;
- Promotes, encourages and/or engages in terrorism, violence against people, animals, property and/or anything else;
- Promotes, encourages and/or engages in that sales or distribution of prescription or other medication without any and all valid prescriptions, licenses and permits; - Promotes and/or facilitates in prostitution and/or sex trafficking;
- Infringes on the intellectual property rights of another User or any other person or entity;
- Violates the privacy or publicity rights of another User or any other person or entity, or breaches any other duty of confidentiality that you owe to another User, people or entity;
- Interferes with the operation of our Site or the Services found at our Site;
- Contains or installs any virus, worms, bugs, trojan horses, or other code, files or programs design to, or capable of, disrupting, damaging or limiting the function of any software or hardware;
- Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Pineatix or Pineatix’s Services; or
- Causes or aims to cause any harm or negatively impact upon any User or any other person which may or does access any Services associated to, or accessed by You.

iv. You will not copy or distribute in any medium any part of our Site of the Services, except where expressly authorized by Pineatix.

v. You will not modify or alter any part of our Site or the Services found at this Site or any of its related technologies.

vi. You will not access Pineatix Content (as previously defined) or User Content through any technology or means other than through this Site itself, or as Pineatix may designate.

vii. You agree to back-up all your User Content so that you can access it when needed. Pineatix does not warrant that it backs-up any User Account or User Content data, and you agree to accept as a risk the loss of any and all of your User Content.

viii. You will not re-sell or provide the Services for a commercial purpose, including any of Pineatix’s related technologies, without Pineatix’s express prior written consent or a purchased reseller license.

ix. You will not circumvent, disable or otherwise interfere with the security-related features of our Site or the Services found at our Site (including without limitation those features that prevent or restrict the use of infringing on copyright or copying any of Pineatix Content or User Content) or enforce limitations on the use of our Site or the Services found at our Site, the Pineatix Content or the User Content therein.

x. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.

xi. Pineatix expressly reserves the right to deny, cancel, terminate, suspend or limit future access to our Site or any Services (including but not limited to the right to cancel or transfer any domain registration) to any User (a) whose User Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any other Pineatix Policy, or (b) who otherwise engages or has engaged in appropriate or unlawful activity while utilizing our Site or Services (as determined by Pineatix in its sole and absolute discretion), or (c) Pineatix believes that a User Account is not actively in use, or (d) any other reason.


Protection of Your Data

Pineatix offers certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of the Services (“Covered Services”). Your Data, for the purpose of this section and the Privacy Policy only, excludes any User Content. The Pineatix Data Processing Protection Policy (“Privacy Policy”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have mechanisms to ensure the transfer of Your Data is secure, and meets with compliance under applicable data privacy laws. For the purposes of the Privacy Policy and the Standard Contractual Clauses attached to the Privacy Policy (when and as applicable), you (and your applicable affiliates) are considered the Data Controller and/or the Data Exported, and your acceptance of the Terms of Service (this Agreement), governing Covered Services at the time of purchase of any Covered Service will also be treated as your acknowledgement and acceptance of the Privacy Policy and its appendices (including the Standard Contractual Clauses and its appendices, as applicable). Covered Services includes all services provided by Pineatix, (as referenced previously, the Services), with the exemption of services offered by third-party providers where their Privacy Policy and relevant policies are hereby incorporated and applicable to the User.


Backup and Data Loss

The use of the Services is at Your sole risk. Pineatix is not responsible for any and all files and data residing on Your Account on our servers. Pineatix does not warrant in any way, and cannot guarantee that the contents of a Service will never become corrupted, or that a backup of a Service will always be available. You agree to take full and sole responsibility for any and all files and data transferred to our servers and to maintain all appropriate backups of any and all files and data stored in any Pineatix or Pineatix affiliate’s server to which you have an Account on.


Availability of the Site and any Services

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto, including in relation to any “Uptime Guarantees”.

In the event that the Services are inaccessible due to a issue caused by Pineatix, or is caused in relation to a preventable incident by Pineatix then a refund can be issued to any requesting Customers via email or support ticket on Your Account. The refund amount shall be proportional to the amount of downtime as explained below and shall not exceed the total amount of a Client’s total monthly bill for a Service. “Downtime” is the total amount of time, in a percentage, that the Services are inaccessible
Equal to or less than 0.2% Downtime – 10% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.3% Downtime – 20% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.4% Downtime – 30% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.5% Downtime – 40% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.6% Downtime – 50% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.7% Downtime – 60% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.8% Downtime – 70% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 0.9% Downtime – 80% of a monthly bill refunded in Account Credit (as defined below)
Equal to or less than 1% Downtime – 95% of a monthly bill refunded in Account Credit (as defined below)
More than 1% Downtime – 100% of a monthly bill refunded in Account Credit (as defined below)


Product and/or Account Credits

In the event you purchase or are provided with an Account balance (“Credits”) (1) you may apply any available credit balance to any future purchase in your Account; and (2) you authorize Pineatix to apply any available credit balance to any outstanding administrative fees, chargebacks, Services bills or other fees related to your Account. In the event that your default Payment Method fails for an automated billing in connection with the processing of any Service renewals, Pineatix may use any available in-store credit balance if there are enough funds to cover the entire transaction. Regardless of the amount of in-store credit available in your account, Pineatix is not responsible for the loss of products resulting from an inability to collect funds from your default Payment Methods or the in-store credit. In-store credits will be applied based on the currency selected in the shopping cart at the time of purchase (or renewal). These Credits are limited to Pineatix’s Services and are non-refundable and are non-transferable however, exemptions may be made at the sole and absolute discretion of Pineatix. The Credits do not expire and will remain on Your Account until Your Account terminated.


Monitoring of User Content; Account Termination Policy

Pineatix generally does not pre-screen User Content (whether posted to Services paid for by the User or posted to our Site). However, Pineatix reserves the right (but undertakes no responsibility or duty) to moderate and monitor User Content and ensure the User Content is appropriate and/or complies with this Agreement. Pineatix may remove any item of User Content (whether posted to or using Services or to our Site) and/or terminate a User’s access to our Site or the Services found at our Site for posting or publishing any material in violation of this Agreement.
Pineatix may also terminate a User’s access to this Site or the Services found at this Site if Pineatix has reason to believe the User is a repeat offender or for any other reason whatsoever at the absolute and sole discretion of Pineatix. If Pineatix terminates your access to this Site or the Services found at this Site, Pineatix may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Under no circumstances will we tolerate threatening or abusive behaviour towards our staff. Should this occur, we reserve the right to terminate the Your Account and any Services with immediate effect.
Should we feel that your needs would be better served by another provider, we reserve the right, at our sole discretion, to terminate Your Account and your Services. Where it is reasonable to do so, we will provide one billing periods notice of termination.


Discontinued Services; End of Life Policy

Pineatix reserves the right to cease offering or providing any of the Services at any time, for any reason or no reason, and without prior notice. Although Pineatix makes a great effort to maximize the lifespan of all its Services, there are times when a Service we offer will be discontinued or reason its ‘End of Life’ (hereon referred to as, “EOL”). If this is the case, that product or service will no longer be supported by Pineatix, in any way, effective on the EOL date.
Notice and Migration: In the event of a service being discontinued, we may, but have no obligation to, notify you that the service will be terminated. It is your sole and absolute responsibility to take all necessary steps to replace the service by migrating to a new service before the EOL date, or by entirely ceasing reliance on said service before the EOL date.
No Liability: Pineatix will not be liable to you or any third party for any modification, suspension, or discontinuation of any of the Services we may offer or facilitate access to.


Fees and Payments

You agree that your Payment Method may be charged by one of our affiliated entities.

i. General terms, including automatic renewal terms
You agree to pay all amounts due for Services at the time you order them, or the time that a repeated bill is due, in full. All amounts are non-refundable unless otherwise noted in the Refund Policy.
ii. Pineatix reserves the right to change its prices and fees at ant time, and such changes shall be posted online at our Site and effective immediately without needed for further notice to you. If you have purchased or obtained Services for a period of months or years, changes in the prices and fees shall be effective when the Services in question are next due for a renewal as further described below.
iii. Pineatix does not retain hard copies or electronic versions of mandate, standing order or standing instruction forms and/or any signed consents relating to your usage of our automatic renewal services, and we are therefore unable to provide any such document upon request. You may view or change your automatic renewal settings at any time by logging onto your Pineatix User Account or by contacting your payment method provider.
iv. Services are rented for a period of time including but not limited to month-to-month, quarter-to-quarter or year-to-year. Services are rented for the period of time as per receiving the initial payment. Automatic renewal is available per your own User settings as defined above.
v. You agree that where refunds are issued to your initial Payment Method, Pineatix’s issuance of a refund receipt is only confirmation that Pineatix has submitted your refund to the Payment Method charged at the time of the refund, and that Pineatix has no control when the refund will be applied towards your Payment Method’s available balance nor how long it will take till it is available. You further acknowledge and agree that the payment provider and/or individual issuing bank associated with your Payment Method establish and regulate the time frames for posting your refund, and that such refund posting time frames may range from five (5) business days to a full billing cycle or longer.
In the event that a refund is issued to your payment provider, payment processor or individual issuing bank associated with your Payment Method imposes any limitations on refunds, including but not limited to, limitations as to the timing of the refund or the number of refunds allowed, then Pineatix in its sole and absolute discretion, reserves the right to issue the refund in the form of an in-store credit. Pineatix also has the right to offer an in-store credit for customers seeking refunds, even if there are no limitations on refunds imposed by the Payment Method.
Pineatix will not under any circumstances issue any refunds to Payment Methods not used for the initial payment. In this situation, refunds may be able to be made in store credit at the sole and absolute discretion of Pineatix.


Reservation of Rights

Pineatix expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason(as determined by Pineatix in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Pineatix in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Pineatix, its owners, officers, directors, employees and agents, as well as Pineatix’s affiliates, including, but not limited to, instances where you have sued or threatened to sue Pineatix, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Pineatix’s business, operations, reputation or shareholders. Pineatix expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels. Pineatix expressly reserves the right to terminate, without notice to you, any and all Services where, in Pineatix's sole discretion, you are harassing or threatening Pineatix and/or any of Pineatix's owners or employees. Pineatix Content. Except for User Content, the content on this Site and the Service, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, videos, music and interactive features and the trademarks, service marks and logos contained therein (“Pineatix Content”), are owned by or licensed to Pineatix in perpetuity and are subject to copyright, trademark and/or intellectual property. Pineatix Content is provided “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited for any purposes whatsoever without the express prior written consent of Pineatix. Some rights and/or licenses under any copyright, trademark, intellectual property, patent or other proprietary rights or license are granted by the Acceptable Media Usage Guidelines.


No Spam

We do not tolerate the transmission of spam. We reserve the right to, but imply nor specify no obligation to, monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint centre to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation. We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. This can include, but is not limited to, the following:

i. Email Messages
ii. Newsgroup postings
iii. Windows system messages
iv. Pop-up messages (aka "adware" or "spyware" messages)
v. Instant messages (using AOL, MSN, Yahoo or other instant messenger programs)
vi. Online chat room advertisements
vii. Guestbook or Website Forum postings
viii. Facsimile Solicitations
ix. Text/SMS Messages.

We will not allow our servers and services to be used for the purposes described above. In order to use our products and services, you must not only abide by all applicable laws and regulations, but you must also abide by this no spam policy. Commercial advertising and/or bulk emails or faxes may only be sent to recipients who have "opted-in" to receive messages. They must include a legitimate return address and reply-to address, the sender's physical address, and an opt-out method in the footer of the email or fax. Upon request by us, conclusive proof of opt-in may be required for an email address or fax number. If we determine the account, products, or services in question are being used in association with spam, we may re-direct, suspend, or cancel any account, web site hosting, domain registration, email boxes, or other applicable products or services. In such event, at our election, we may require you to respond by email to us stating that you will cease to send spam and/or have spam sent on your behalf and to require a non-refundable reactivation fee to be paid before the site, email boxes, and/or services are reactivated. We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email at abuse@pineatix.com


Trademark and/or Copyright Claims

Pineatix supports the protection of intellectual property and other proprietary rights. If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Pineatix’s Proprietary Rights Infringement Policy.


Use of Identity

The Customer agrees that the use of any Pineatix Content is within the Acceptable Media Usage Guidelines policy. Pineatix does not use any User Content or similar, exempt where allowed under the section for User Content, without the consent of the Customer.


Third-Party Utilities/Services

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of third-party tools. Any use by you of third-party tools if entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which these tools are provided by the relevant third-party provider(s). We may also introduce, in the future, new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall be subject to these Terms of Service.


Disclaimer of Representations and Warranties

You specifically acknowledge and agree that your use of this Site and the Services found at this Site shall be at your own risk and that this Site and the Services found at this Site are provided “as is”, “as available” and “with all faults”. Pineatix, its owners, officers, directors, employees, agents and all third-party service providers disclaim all warranties, statutory, express or implied, including but not limited to, any implied warranties of title, merchantability, fitness for a particular purpose and non-infringement. Pineatix, its owners, officers, directors, employees and agents make no representations or warranties about (a) the accuracy, completeness or content of this site, (b) the accuracy, completeness or content or any sites linked (through hyperlinks, banner advertisements or otherwise) to this site, and/or (c) the services found at this Site or any sites linked (through hyperlinks, banner advertisements or otherwise) to this Site, and Pineatix assumes no liability or responsibility for the same. In addition, you specifically acknowledge and agree that no oral or written information or advice is provided by Pineatix, its owners, officers, directors, employees, or agents (including without limitation its customer service representatives), and third party service providers will (a) constitute legal or financial advice or (b) create a warranty of any kind with respect to this Site of the Services found at this Site, and Users should not rely on any such information or advice. Pineatix shall not be deemed to be in default of any provision of this Agreement or be liable for any failure of performance of the Services and Products (including server interruption) to Customer(s) resulting, directly or indirectly, from any (i) weather conditions, natural disasters or other acts of God, (ii) action of any governmental or military authority, (iii) failure caused by telecommunication or other Internet provider, or (iv) other force or occurrence beyond its control. The current term of this Agreement.
PINEATIX SHALL NOT BE LIABLE FOR (i) ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, OR FOR ANY LOSS OF PROFITS OR LOSS OF REVENUE RESULTING FROM THE USE OF THE COMPANY’S SERVICES AND PRODUCTS BY CUSTOMER OR ANY THIRD PARTIES, OR (ii) ANY LOSS OF DATA RESULTING FROM DELAYS, NONDELIVERIES, MISDELIVERIES OR SERVICE INTERRUPTIONS COMPANY PROVIDES THE SERVICES AND PRODUCTS AS IS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED COMPANY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE CUSTOMER SHALL BE SOLELY RESPONSIBLE FOR THE SELECTION, USE AND SUITABILITY OF THE SERVICES AND PRODUCTS AND COMPANY SHALL HAVE NO LIABILITY THEREFORE.
The foregoing disclaimer of representations and warranties shall apply to the fullest extent permitted by law (in part or in full as is permitted), and shall survive any termination of expiration of this Agreement or your use of this Site or the Services found at this Site.


Limitation of Liability

In no event shall Pineatix, its owners, officers, directors, employees, agents, and all third party service providers, be liable to you or any other person or entity for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including any that may result from (i) the accuracy, completeness, or content of this site, (ii) the accuracy, completeness, or content of any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iii) the services found at this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (iv) personal injury or property damage of any nature whatsoever, (v) third-party conduct of any nature whatsoever, (vi) any unauthorized access to or use of our servers and/or any and all content, personal information, financial information or other information and data stored therein, (vii) any interruption or cessation of services to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (viii) any viruses, worms, bugs, trojan horses, or the like, which may be transmitted to or from this site or any sites linked (through hyperlinks, banner advertising or otherwise) to this site, (ix) any user content or content that is defamatory, harassing, abusive, harmful to minors or any protected class, pornographic, “x-rated”, obscene or otherwise objectionable, and/or (x) any loss or damage of any kind incurred as a result of your use of this site or the services found at this site, whether based on warranty, contract, tort, or any other legal or equitable theory, and whether or not Pineatix is advised of the possibility of such damages. In addition, you specifically acknowledge and agree that in no event shall Pineatix’s total aggregate liability exceed $100.00 Australian Dollars. The foregoing limitation of liability shall apply to the fullest extent permitted by law and shall survive any termination or expiration of this agreement or your use of this site or the services found at this site.


Indemnity

You agree to protect, defend, indemnify and hold harmless Pineatix and its owners, officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Pineatix directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; (iii) your acts or omissions or the acts or omissions of Pineatix; and/or (vi) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.


Compliance with Local Laws

Pineatix makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.


Disputes, Binding Individual Arbitration and Waiver of Class Actions and Class Arbitrations

PLEASE READ THIS SECTION CAREFULLY. FOLLOW THE INSTRUCTIONS BELOW IF YOU WISH TO OPT OUT OF THE PROVISIONS REQUIRING YOU TO RESOLVE DISPUTES THROUGH INDIVIDUAL ARBITRATION.
Disputes: The terms of this Section shall apply to all Disputes between you and Pineatix. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Pineatix arising under or relating to any Pineatix Services or Products, Pineatix’s websites, these Terms, or any other transaction involving you and Pineatix, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Pineatix AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Pineatix FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions.
: The terms of this Section shall apply to all Disputes between you and Pineatix. For the purposes of this Section, “Dispute” shall mean any dispute, claim, or action between you and Pineatix arising under or relating to any Pineatix Services or Products, Pineatix’s websites, these Terms, or any other transaction involving you and Pineatix, whether in contract, warranty, misrepresentation, fraud, tort, intentional tort, statute, regulation, ordinance, or any other legal or equitable basis, and shall be interpreted to be given the broadest meaning allowable under law. YOU AND Pineatix AGREE THAT “DISPUTE” AS DEFINED IN THESE TERMS SHALL NOT INCLUDE ANY CLAIM OR CAUSE OF ACTION BY YOU OR Pineatix FOR (i) TRADE SECRET MISAPPROPRIATION, (ii) PATENT INFRINGEMENT, (iii) COPYRIGHT INFRINGEMENT OR MISUSE, AND (iv) TRADEMARK INFRINGEMENT OR DILUTION. Moreover, notwithstanding anything else in these Terms, you agree that a court, not the arbitrator, may decide if a claim falls within one of these four exceptions. Binding Arbitration: You and Pineatix further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; and (iii) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 20 of this Agreement and may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties.
You and Pineatix further agree: (i) to arbitrate all Disputes between the parties pursuant to the provisions in these Terms; (ii) these Terms memorialize a transaction in interstate commerce; and (iii) this Section shall survive termination of these Terms. ARBITRATION MEANS THAT YOU WAIVE YOUR RIGHT TO A JUDGE OR JURY IN A COURT PROCEEDING AND YOUR GROUNDS FOR APPEAL ARE LIMITED. The arbitrator may award you the same damages as a court sitting in proper jurisdiction, as limited by the Limitation of Liability set forth in Section 20 of this Agreement and may award declaratory or injunctive relief only in favour of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. In addition, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. The decision of the arbitrator shall be final and enforceable by any court with jurisdiction over the parties. Dispute Notice: In the event of a Dispute, you or Pineatix must first send to the other party a notice of the Dispute that shall include a written statement that sets forth the name, address and contact information of the party giving it, the facts giving rise to the Dispute, and the relief requested (the “Dispute Notice”). The Dispute Notice to Pineatix must be addressed to: Pineatix Attn.: Legal Department and electronically transmitted via email (legal@pineatix.com) or the contact form on our Site. If Pineatix and you do not reach an agreement to resolve the Dispute within sixty (60) days after the Dispute Notice is received, you or Pineatix may commence an arbitration proceeding pursuant to this Section. Following submission and receipt of the Dispute Notice, each of us agrees to act in good faith to seek to resolve the Dispute before commencing arbitration.
Waiver of class actions and class arbitrations: You and Pineatix agree that each party may bring disputes against the other party only in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding, including without limitation federal or state class actions, or class arbitrations. Neither you nor Pineatix will seek to have any dispute heard as a class action, private attorney general action, or in any other proceeding in which either party acts of proposes to act in a representative capacity. No arbitration or other proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.
30-Day Opt-out Period: IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION PROVISION IN THIS DISPUTES SECTION, YOU MUST NOTIFY Pineatix BY E-MAILING legal@pineatix.com WITHIN 30 DAYS OF THE DATE THAT YOU ACCEPT THESE TERMS (UNLESS A LONGER PERIOD IS REQUIRED BY APPLICABLE LAW). After notifying Pineatix via email you must terminate using our services. Please do not continue to use our services if you do not agree to this section, or any other section of our Terms of Service Agreement. If you wish to opt-out past the 30-day period, you must terminate all your services and contact Pineatix to remove Your Account.


Successors and Assigns

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.


No Third-Party Beneficiaries

Nothing in this Agreement shall be deemed to confer any third-party rights or beneficiaries.


Titles and Headings; Independent Covenants

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes to be a separate and independent covenant or agreement.


Severability

If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.


English Language Controls

This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.


Inconsistencies between Policies

If there is an inconsistency between a policy, as stated above the Services Agreement shall take priority. However, other inconsistencies or questions regarding uncertainties should be emailed to info@pineatix.com


Governing Laws

This Agreement and any separate documents whereby we provide you Services shall be governed by and construed in accordance with the laws of Queensland, Australia.


Incorporated Policies

The following policies and Services Agreements (together, the “Incorporated Agreements”) are hereby incorporated by reference and applicable to all Users or as stated in the Incorporated Agreement:
i. Acceptable Media Usage Guidelines and Permission;
ii. Proprietary Property Rights Infringement;
iii. Fair Usage Policy;
iv. Data Processing Protection Policy (“Privacy Policy”); and
v. Refund Policy.


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