Legal Terms
Pixel Law License Terms
Last Modified: June 14, 2022
If you purchase a contract template or other document or file from the Pixel Law Contract Shop (a “Product”), then we automatically grant you a limited license to use the same in accordance with these license terms.
Please don’t violate these terms. Doing so is a breach of contract, plus, it’s not very nice.
All references to “us” and similar words such as “we” and “our” (even if not capitalized) mean Pixel Law LLC. All references to “you” and similar words such as “your” (even if not capitalized) mean the individual purchasing the Product, and if you are making the purchase on behalf of a business entity, it means both you and that business.
What you can do
Upon your full payment for a Product, we automatically grant you a limited license to use the Product as follows.
You can:
– Save the Product for your own use.
– Fill in the blanks in the Product for your own use.
– Edit the Product for your own use.
– Present a filled in Product to the other party in your transaction (and to related parties such as attorneys, advisors, and subcontractors) for their review, negotiation, editing, and signing.
– Exercise these rights anywhere in the world, an unlimited number of times, with or without attribution to us.
What you cannot do
Restrictions
You cannot do any of the following:
– Share the Product with a third party, except as allowed above.
– Make the Product publicly available to one or more third parties (for example, don’t make it available for download online).
– Sell the Product, assign your license, or sublicense your rights in these license terms, to any third party.
– Create any derivate work using all or any portion of the Product which is then shared, sold, or licensed, to third parties.
– Take any action to indicate that you own the copyright to the Product.
– Take any action to indicate that Pixel Law or its attorneys represent you as legal counsel with respect to the Product.
– Use the Product in any way which is libelous, slanderous, or otherwise defamatory, illegal, obscene, or indecent.
– Use the Product in any manner not permitted in these license terms.
Payments for Sharing
If you share the Product with a third party in a manner not permitted in these license terms, and that third party uses the Product or exercises any of the rights in these license terms without purchasing the same, then we may invoice you for such use at the then current purchase price and you shall pay the purchase price for that third party user.
Termination for Breach
If you breach any provision in these license terms, then we may terminate the license granted to you and we will not have any obligation to refund your purchase price. Upon such termination, you shall immediately cease all future uses of the Product and all rights granted to you in these license terms will automatically be revoked.
We own the Products
Your purchase of a Product does not constitute any assignment or transfer of ownership of the Product (or underlying intellectual property to the same). For clarity, we own and will continue to own, all Products and all underlying intellectual property, including copyright to the same.
No Attorney-Client Relationship
Purchasing a Product does not create an attorney-client relationship. It does not make us your lawyer. It does not make you our client. It is strictly a business transaction in which you are buying a template document to fill in, edit, and use as you see fit, just as you would if you purchased a contract template book from your local bookstore or elsewhere online.
If you are (or have previously been) a client of Pixel Law LLC (as evidenced by signing an engagement letter with the law firm), then your purchase of a Product falls outside of your attorney-client relationship with the firm and its attorneys.
Payment
The purchase price for each Product is listed on that Product’s product page. Except as otherwise permitted by us, you shall not use any Product until you have paid the purchase price for the same.
Disclaimers & Limitations of Liability
***THIS SECTION IS IMPORTANT. YOU SHOULD READ IT.***
– All Products are offered on an “AS IS” basis without any representations or warranties of any kind.
– We do not make any guarantees regarding the sufficiency or applicability of a Product for your particular situation.
– Your sole remedy for dissatisfaction with the Product is to terminate the license granted to you in these license terms.
– To the fullest extent permitted by law, we disclaim all representations and warranties (express, implied, and statutory), including the implied warranties of merchantability, title, fitness for a particular purpose, accuracy of data, and non-infringement.
– We will not be liable to you or any third party for any indirect, special, incidental, consequential, cover, or punitive damages (including lost profits or revenues, loss of data, loss of use, or costs of obtaining substitute goods or services), arising out of or in connection to your use of a Product.
– All limitations of liability in these license terms will apply regardless of whether you or the third party bases your/its claim on contract, tort, strict liability, or any other legal theory, and whether we knew or should have known about the possibility of such damages.
– All limitations of liability in these license terms will apply to the fullest extent permitted by law.
– Subject to the limitations of liability in these license terms, our liability to you or any third party will not exceed the amount you paid for the Product.
– All the foregoing limitations will apply even if a remedy fails of its essential purpose and to the fullest extent permitted by law.
Some jurisdictions do not allow certain exclusions, disclaimers, and limitations of liability. To the extent such jurisdictions’ laws are applicable to your use of a Product, such exclusions, disclaimers, and limitations of liability, will be limited to the extent required by the applicable law.
Arbitration
If a dispute arises between you and us related to your use of a Product, then the dispute will be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to our registered agent on file with the Colorado Secretary of State. The arbitration proceedings will be held virtually, or in Boulder, Colorado.
Notwithstanding the agreement to arbitrate above, both you and us may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Products or intellectual property infringement (for example, trademark, trade secrets, copyright, and patent rights) without first engaging in arbitration.
CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.
Miscellaneous
Governing Law, Jurisdiction, Venue, & Waiver of Jury Trial
These license terms and all disputes which arise under or relate to them will be governed by and construed in accordance with the laws of Colorado excluding its conflict of law principles. Each party consents to jurisdiction in, and the exclusive venue of, the state courts in Boulder County, Colorado, or when applicable in the U.S. District Court having jurisdiction over that county, for all disputes which arise under or relate to these license terms. Each party waives trial by jury in all litigation and other dispute resolution proceedings brought by either party against the other on any matter that arises under or is related to these license terms.
Entire Agreement, Severability, Waiver
These license terms contain the complete and entire agreement between the parties related to your purchase and use of one or more Products and supersedes all prior discussions and agreements (whether oral or written) by the parties related to the same. To the extent the terms in these license terms conflict with our Terms of Use or Privacy Policy, the terms in these license terms will control as they relate to your purchase and use of one or more Products. Each provision in these license terms will be treated as separate and independent of the other provisions. Accordingly, if a court with competent jurisdiction declares a provision in these license terms unenforceable, then the provision will be limited to the minimum extent necessary so that it remains enforceable. If such amendment is not possible, then the unenforceable provision will be deemed removed from these license terms, but the remaining provisions will remain in full force. The failure or delay by us to exercise any right or remedy set forth in these license terms will not operate as a waiver of the same. The waiver by us of a breach of any provision in these license terms will not operate as a waiver of any subsequent breach. No waiver by us will be effective unless and until it is in written form and signed by us.
Assignment
We may assign our rights and obligations in these license terms at any time, for any reason, without notice to you.