PRIVACY POLICY

LAST MODIFIED: September 4, 2018

INTRODUCTION

TEXTPRINT, INC. dba PEX

("PEX") respects your privacy and is committed to protecting it through our compliance with this Privacy Policy. This Privacy Policy applies to all websites, mobile applications, sms platform and other digital platforms linking to or posting this Privacy Policy (each a "Platform" and collectively the "Platforms") and operated by PEX or any of our affiliates (collectively "Company", "we", "our", or "us"). This Privacy Policy describes how we use, store, disclose, and process information that we obtain about you through use of any of our Platforms, including information that we obtain through any offering or other service that we provide through any of our Platforms.

Please read this Privacy Policy carefully to understand our policies and practices regarding your information collected through use of our Platforms, and how we will treat it. If you do not agree with these policies and practices, do not use any Platform.

BY USING OR ACCESSING ANY PLATFORM TO WHICH THIS PRIVACY POLICY IS POSTED OR LINKED, YOU CONSENT TO THE TERMS OF THIS PRIVACY POLICY.

This Privacy Policy describes our policies and practices with respect to:

1.  CHILDREN UNDER THE AGE OF 13

IF YOU ARE UNDER 13 YEARS OF AGE, PLEASE DO NOT USE ANY OF OUR PLATFORMS AT ANY TIME OR IN ANY MANNER.

Our Platforms are not intended for children under 13 years of age, and we do not knowingly collect personally information from children under 13. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information and data from our systems. If you believe or learn that your child under 13 has provided us with personal information without your consent please contact us at:

E-mail: info@pexnow.com

Address:

TEXTPRINT, INC. dba PEX

Attn: Customer Support/Privacy

21440 Ventura Boulevard

Woodland Hills, CA 91364

2.  INFORMATION WE COLLECT AND HOW WE USE IT

IF YOU DO NOT WANT US TO COLLECT THIS PERSONAL INFORMATION DO NOT USE OUR PLATFORMS.

When you use or access any of our Platforms, we may collect several types of information about you and others, as described more fully below, which information includes, but is not limited to, information about you which is in a form that permits us to identify you (your "personal data"). We collect:

(a) INFORMATION/PERSONAL DATA YOU PROVIDE DIRECTLY

When you use or access any of our Platforms, we may ask you to provide us with certain information and personal data, including but not limited to some or all of the following: your name, username, PIN, password, login, email address, telephone number, mailing addresses, account preferences, credit or debit card or other payment method information such as PayPal, payment address, and/or any other identifier by which you may be contacted online or offline. You will be asked to provide this information/personal data when interacting with our Platforms, such as when registering to be a user of any of our services, when making a purchase through any of our Platforms or when filling out a form or survey or participating in a promotion through our Platforms.

(b) INFORMATION/PERSONAL DATA COLLECTED AUTOMATICALLY

When you use or access any of our Platforms, we may collect certain information/personal data through automated means based on your use of technology, including, but not limited to, some or all of the following:

(i)  
Usage Details
– certain details of your access to and use of the Platform, including computer and internet connection information, browser type, Internet Protocol ("IP") address (i.e. a number that is automatically assigned to your computer when you use the Internet which may vary from session to session), domain name, date and time of your visit, any telephone number from which you contact us.
(ii)  
Device Information
– your mobile device and internet connection, including the device's unique device identifier, the device type, IP address, operating system, browser type, mobile network information, and the device's mobile telephone number.
(iii)  
Location Information
– your geolocation or real-time information about the location of your device.
(iv)  
Social Networking Sites
– where a Platform includes the ability to connect your profile on our Platform with Facebook or other social networking sites, whether you connect from our Platform to the social networking sites or vice versa, we may receive or access information/personal data about you through the social networking sites when you choose to connect your Platform profile to any social networking site, or to post or otherwise share information on any social networking site to which you have connected your Platform profile. Any information/personal data that you or others post to a social networking site will be accessible by any such social networking site users subject to the social networking site's unrelated terms of service and privacy policy.
(v)  
Your Inquiries
– certain details of your inquiries sent to us through any of our Platforms, including correspondence, mail, and communications conducted through a Platform, and responses to our customer satisfaction surveys or customer service communications (if any).
(vi)  
Your Postings
– certain details of content you post in online reviews, comments, forums, or blogs on our Platforms.
(vii)  
Information From Others
– your name, address, phone number, and geolocation from other third parties, for example, identity verification vendors we engage.
(viii)  
Other Information
– when you use or access our Platforms, we may automatically collect certain other information/personal data based on your actions, such statistics regarding your page views and traffic to and from our Platforms, information/personal data about the way you interact with any of our Platforms, and/or the hyperlinks clicked.

3.  TRACKING TECHNOLOGIES

As with most digital platforms, we also employ cookies, pixel tags, web beacons, and similar technologies on our Platforms to collect and store certain information about visitors to our Platforms, to improve our services and advertising, to record the popularity of certain Platform content, to verify system and server integrity and to help us remember you and your preferences when you revisit our Platforms.

For more information about our practices for a particular Platform, please see our Cookies Policy linked in the footer of such Platform.

4.  THIRD PARTY INTEGRATED TECHNOLOGY COLLECTION

We may also incorporate third-party ads, offerings, and third-party technologies, (such as plugins, pixels, and cookies into our Platforms, enabling third-parties operating such other operating such ads, offerings, and other technologies to collect information about you. The information they collect may be associated with your personal data or they may collect information about your online activities through your use of our Platforms and across other websites and applications.

We do not control these third parties' tracking technologies or how they may be used. Any information collected through such integrated third party technologies on our Platforms is collected directly by those third parties for use and disclosure, subject only to any applicable privacy policies of such third parties If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

For more information about our practices in this area for a particular Platform, please see our Cookies Policy linked in the footer of such Platform.

5.  HOW WE USE YOUR INFORMATION

Our primary purpose in collecting information about you in connection with your use of our Platforms is to provide our offerings and services to you. However, we may use such information collected about you for a variety of commercial purposes, including without limitation:

  • (a) provide you with our Platforms and their contents;
  • (b) confirm your identity;
  • (c) enforce our Platform policies and terms of service;
  • (d) fulfill an order that you place through any of our Platforms, including to process payment for any purchase made through any of our Platforms;
  • (e) respond to inquiries that you may have about any of our Platforms, services or products;
  • (f) administer your account on any of our Platforms;
  • (g) display content based upon your interests;
  • (h) enable you to search information on our Platforms;
  • (i) contact you regarding customer service and customer surveys;
  • (j) inform you of changes made to our Platforms;
  • (k) organize or carry out promotional activities;
  • (l) inform you of products, services, promotions, and offers which you may find interesting, provided you have not opted out of receiving such information or, where required, we have your express consent;
  • (m) provide you with any other information, products or services that you request from us;
  • (n) carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection;
  • (o) improve our Platforms;
  • (p) notify you of changes to any products or services we offer;
  • (q) recognize you when you use our Platforms;
  • (r) notify you when Platform updates are available;
  • (s) resolve technical issues; and,
  • (t) if we believe disclosure is necessary or appropriate to protect the rights, property, or safety of PEX, our customers or others, including exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.

6.  DISCLOSURE OF YOUR INFORMATION

We may share or disclose information about you to third parties in the following situations:

A. Our Affiliates

We may disclose information collected about you to any entity that controls, or is controlled by, or is under common control with PEX. However, personal data collected about you by one affiliate entity will not be disclosed to any other affiliate company for their direct marketing purposes, unless you consent.

B. Third-Party Service Providers

We also disclose information collected about you to our third-party service providers and other partners who perform services on our behalf in connection with any of our Platforms and to assist us with product fulfillment. In such case, that third-party entity will be contractually required, among other things, to use such information only to carry out those services that we have requested, to abide by our Privacy Policy, and to provide adequate protection for the information as may be required by law.

The services provided by such third parties and partners may include, without limitation the following:

(i)  authenticating identities on our behalf;
(ii)  providing products or services that you request;
(iii)  sending marketing communications on our behalf;
(iv)  testing our Platforms;
(v)  creating or maintaining our databases;
(vi)  helping us to analyze users of our Platforms; and
(vii)  processing payments on our behalf.

C. Integrated Technologies of Third-Party Operators

Once again, information about you collected by third parties through third-party ads, offerings, and other technologies integrated with any of our Platforms will be collected directly by the third parties providing or operating such ads, offerings, or other technologies. Such information may be used and disclosed by the applicable third party subject only to any applicable privacy policies of such third party.

For more information about our practices for a particular Platform, please see our Cookies Policy linked in the footer of such Platform.

D. Social Networking Sites

Once again, some of our Platforms may enable you to connect with and/or post content to social networking sites, and in such case, our Platforms will integrate technologies facilitated by those social networking sites, for example, Facebook pixels. It is your responsibility to review the terms of use and privacy policy of all third-party providers of such social networking sites, as you are solely responsible for your use of any such social networking sites. You acknowledge and agree that we are not responsible or liable for the availability or content of any social networking sites, the products or services available on any social networking sites and/or your use of any social networking sites.

E. The General Public At Large

Through use of our Platforms, you acknowledge and agree that we may share with the general public, or re-publish on a third-party website, any information that you post as a user of one of our Platforms, such as information in an online review. You further acknowledge that our sharing with the general public may include information that identifies you by username or otherwise.

F. Third Parties Involved in Business Transition

We may share information about you collected through our Platforms to third parties in connection with, or during negotiation of any merger, financing, acquisition or dissolution, transition, or proceeding involving the sale, transfer, divestiture, or disclosure of all or a portion of our business or assets. In the event of an insolvency, bankruptcy or receivership, such information may also be transferred as a business asset. If another company acquires any of our companies, businesses or assets, that acquiring company may acquire the information about you collected by us through our Platforms. We do not guarantee that any entity receiving such information in connection with one of these transactions will comply with all of the terms of this Privacy Policy following such transaction.

G. Law Enforcement and Legal Process

We reserve the right to release information collected through the Platforms to law enforcement or other government officials, as we, in our sole discretion, deem necessary or appropriate. In addition, we may disclose information about you to the government or to third parties under certain circumstances when legally obligated to do so, such as in connection with suspected illegal activity in connection with the Platforms, or to respond to a subpoena, court order or other legal process, or that we believe may aid a law enforcement investigation.

Likewise, we may share information with others as required by, or permitted by, law. This may include sharing information in response to subpoenas, court orders, other legal process, or as we believe is necessary to exercise our legal rights.

H. Our Legal and other Professional Advisors

We may also share information collected about you with our attorneys, CPA's, and similar third parties in connection with our receiving their professional services, subject to our standard confidentiality obligations.

I. Other Third Parties

We may share any information with other third parties that are not described above if you give us consent to do so. Likewise, we may share information with other third parties that are not described above and in doing so, we will use reasonable efforts to either aggregate or de-identify the information so that a third party would not be likely to link data to you, your computer, or your device. "Aggregation" means that we combine the information of numerous people together so that the data does not relate to any one person and "de-identify" means that we remove or change certain pieces of information that might be used to link data to a particular person.

7.  SECURING INFORMATION COLLECTED ABOUT YOU

We have implemented and follow reasonable industry standard technical and procedural measures (including encryption of certain information) intended to secure your personal information collected in connection the use of our Platforms from accidental loss and from unauthorized access, use, alteration, and disclosure.

HOWEVER, PLEASE NOTE WE CANNOT FULLY ELIMINATE THESE RISKS AS, DESPITE OUR BEST INTENTIONS, NO TECHNOLOGY IS COMPLETELY SECURE. OUR PLATFORMS ARE OPERATED ON SOFTWARE, HARDWARE, AND NETWORKS, ANY COMPONENT OF WHICH MAY, FROM TIME TO TIME, EXPERIENCE BREACHES OF SECURITY OR OTHER ISSUES BEYOND OUR CONTROL.

Accordingly we cannot guarantee that any information collected about you, whether during transmission or while stored on our systems or otherwise in our care, will be absolutely safe from intrusion by others who do not have your authorization. Any such transmission or sharing of that information is done at your own risk. We are not responsible for circumvention of any privacy settings or security measures we provide.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Platforms, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

8.  PERSONAL DATA SECURITY

Our policy is to retain your personal data for no longer than is necessary to satisfy the purpose for which it was collected by us. We will endeavor to delete your personal data promptly upon your written request, provided, it is technically and reasonably feasible to remove such information from our databases. In the event it is not feasible to remove such information from our databases, we may retain and use your personal data as necessary after you stop using our Platforms.

9.  "DO NOT TRACK" SIGNALS

At this time, our website(s) does not support "Do Not Track" preferences that may be available in your browser for letting websites know that you do not want them collecting certain kinds of information. If you turn on the "Do Not Track" setting on your browser, our website(s) is not currently capable of following whatever "Do Not Track" preferences you set.

10.  DISCLOSURE OF INFORMATION AND THIRD PARTY MARKETING

We do not disclose or share your personal data with third parties for their own direct marketing purposes.

11.  CALIFORNIA PRIVACY RIGHTS

California Civil Code Section 1798.83 permits users of our Platforms that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. We do not however disclose or share your personal data with third parties for their own direct marketing purposes (see above 10. DISCLOSURE OF INFORMATION AND THIRD PARTY MARKETING).

12.  POLICIES OF LINKED WEBSITES AND OTHER THIRD PARTIES

Our Platforms may contain links to other websites that are not subject to this Privacy Policy and where many times, information practices are different from ours. Where we may provide a link to any other website or location, it is for your convenience only. We do not endorse any such other website or location or the content. We have no control over, do not review, and are not responsible for the privacy practices or the content of such other websites.

If you click on such a link, you will leave our Platform and go to another website, and in doing so, a third party may collect information from you. Please be aware that the terms of this Privacy Policy do not apply to these third party websites or content, or to any collection of data after you click on a link to such a third party website.

13.  ACCESSING AND CORRECTING YOUR INFORMATION

A. Changes

If any of your personal data that we are storing changes, you may correct or update your information on our Platforms, by emailing us at info@pexnow.com. We will attempt to respond to any request to change your information within 30 days. We may not accommodate a request to change your information if we believe, in our sole discretion, that the change would violate any law or legal requirement or cause the information to be incorrect. In some circumstances, it may be possible to change your information directly by logging into the Platforms, visiting your account profile pages, and making changes in your account settings.

B. Requests to Delete Your Information

You may request that we delete some or all of your information, or ask that it be removed from public forums such as testimonials on our Platforms, by emailing us at info@pexnow.com. Please note that we cannot delete your personal information except by also deleting your user account. We will attempt to respond to your request to delete your information within 30 days. We may not accommodate a request to delete your information if we believe, in our sole discretion, that to do so would violate any law or legal requirement. In other circumstances we may be required by law or otherwise to keep certain of your information and not delete it, or to keep this information for a certain period of time, in which case we will comply with your deletion request only after we have fulfilled such requirements. In some circumstances, it may be possible to delete your information directly by logging into the Platforms, visiting your account profile pages, and making the deletions in your account settings. Furthermore, please note that when we delete any of your information, it will be deleted from our active database(s), but may remain in our archives. In cases where we cannot comply with your request to delete your personal data, it is our goal to let you know that we are unable to do so and why.

14.  COMMUNICATIONS FROM US

A. Text Messages

When you voluntarily provide your telephone number to us, you will be agreeing that we can call or text you at that number to respond to your request for our services and/or to communicate with you regarding your account or a transaction with us. You agree that our communications may be via an automated dialing system or prerecorded message, and that standard message and data rates may apply. If you wish to stop receiving such service-only calls or texts at any time, you may do so by emailing us at info@pexnow.com, or for texts only, by responding "STOP" to any such text message. In some circumstances, it may be possible to make the change by logging into your account and changing your account preferences. Please refer to our Terms of Sale for more information regarding sms messaging rates and guidelines.

B. Emails

At various times, we may communicate with you by email about your account and/or a transaction with us. These email communications may also be sent regarding various customer service matters, customer surveys, and promotions, including special offers and updates about new products and services. You can choose to stop receiving promotional emails from us at any time simply by following the "Unsubscribe" or "Manage Email Preferences" link at the bottom of any promotional email, or by logging into your profile on the applicable Platform and changing your account preferences. Please note that you may not opt out of receiving nonpromotional emails regarding your account or your transactions with us.

C. Marketing Communications

If we have provided you the option to consent to receive telephone marketing calls and/or promotional text messages (collectively "promotional communications") from us, your decision to consent to receive such promotional communications is voluntary and is not required to purchase or use any of our products or services. If you have provided consent to receive promotional communications from us, but you wish to revoke such consent, you may do so by responding "STOP" to any such text message or emailing us at info@pexnow.com.

D. Client Account

To close client account GO TO THE WEBSITE AND CLICK ON CLIENT ACCOUNT TAB AND FOLLOW THE INSTRUCTIONS.

15.  CHANGES TO OUR PRIVACY POLICY

We reserve the right to update or modify this Privacy Policy from time to time. The date this Privacy Policy was last revised is identified at the top of the page. Your continued use of any of our Platforms after any modification to this Privacy Policy will constitute your acceptance of such modification. Please visit this Privacy Policy periodically so that you will be apprised of any such changes.

16.  THE LAW GOVERNING DISPUTES REGARDING THIS PRIVACY POLICY

You agree that any dispute over privacy or the terms contained in this Privacy Policy will be governed by the law of the State of California, without reference to the choice of law or conflicts of law principles thereof, and will be subject to the terms and limitations of the End User License Agreement or any other agreement we may have with you.

You consent to the jurisdiction of the Los Angeles Superior Court (Central District) of the State of California and/or the United States District Court, Central District of California, Los Angeles office, and hereby waive any and all venue and jurisdictional objections, whether personal or subject matter, thereto, and also consent to service of process by any means authorized pursuant to California law.

If any provision of this Privacy Policy is judged to be illegal, void or unenforceable due to applicable law or by order of a court of competent jurisdiction, any such provision shall be deemed deleted and the continuation in full force and effect of the remainder of this Privacy Policy provisions will not be prejudiced.

17.  OUR CONTACT INFORMATION

If you have any questions or concerns regarding this Privacy Policy, please contact us at:

E-mail: info@pexnow.com

Address:

TEXTPRINT, INC. dba PEX

Attn: Customer Support/Privacy

21440 Ventura Boulevard

Woodland Hills, CA 91364

TERMS OF USE FOR PEXNOW.COM

Welcome to TEXTPRINT, INC. dba PEX ("PEX" or the "Company). PEX and/or its affiliates provides products and/or services to you when you visit pexnow.com, or use PEX products or services provided through the affiliated Pex Application and the sms text based Pex Platform (collectively "Ordering Platforms"). PEX provides its Services subject to the following conditions.

1.  ACCEPTANCE OF TERMS OF USE

These terms of use are entered into by and between You and PEX. The following terms and conditions together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of pexnow.com, including any content, functionality, and services offered on or through pexnow.com (the "Website"), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. BY USING THE WEBSITE, YOU ACCEPT AND AGREE TO BE BOUND AND ABIDE BY THESE TERMS OF USE AND OUR PRIVACY POLICY [LINK TO PRIVACY POLICY], INCORPORATED HEREIN BY REFERENCE. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

2.  CHANGES TO TERMS OF USE

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3.  PRIVACY

Please review our Privacy Policy, which regulates your use of this Website, our Ordering Platforms, and Services, to understand our practices.

4.  ACCOUNT SERVICES AND ORDERING

This website is presented only as a means for accessing account services and information. You will not be able to place any orders for PEX services from this website. All orders must be placed through the Ordering Platforms.

5.  YOUR ACCOUNT

If you use any PEX service, it is your sole responsibility to maintain the confidentiality of your account and password, and to restrict access to your computer and/or other devices, and you agree to accept responsibility for all activities that occur under your account or password. PEX sells products only to adults, not children, who can purchase with a credit card or other permitted payment method. Those under the age of 18-years-old may use PEX services only with the involvement of a parent or guardian. PEX reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

6.  ACCESSING THE WEBSITE AND WEBSITE SECURITY

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for making all arrangements necessary for you to have access to the Website, and ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

7.  INTELLECTUAL PROPERTY RIGHTS

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the PEX, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

  • (a) Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • (b) You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • (c) You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
  • (d) If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

You must not modify copies of any materials from this site; use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by PEX. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

8.  INTELLECTUAL PROPERTY

The Website and its original content, features, and functionality are, and will, remain the exclusive property of PEX. The Website is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or third-party website without the prior written consent of an authorized representative of PEX.

9.  PROHIBITED USES

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
  • To impersonate or attempt to impersonate PEX, a PEX employee, another user, or any other person or entity.
  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

  • Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
  • Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise attempt to interfere with the proper working of the Website.

10.  CHANGES TO THE WEBSITE

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

11.  LINKS FROM THE WEBSITE

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

12.  GEOGRAPHIC RESTRICTIONS

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

13.  DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OFSERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

14.  GOVERNING LAW

The internal laws of the State of California shall govern the performance of the Agreement, including these Terms and Conditions, without regard to such state's conflicts of laws and principles. You consent to the exclusive jurisdiction and venue of the courts located in Los Angeles County, California for all disputes arising out of, or relating to, the Agreement, including these Terms and Conditions and use of this Site.

15.  LEGAL FEES

If any suit or action or other proceeding is commenced to enforce or interpret any of the terms or provisions of this Agreement, the prevailing Party in such suit or action or other proceeding shall be entitled to an award against the other Party for the prevailing Party's reasonable attorney's fees and costs incurred both at trial and on any appeal.

16.  LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PEX INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, ASSIGNS OR AFFILIATES (COLLECTIVELY, THE "COVERED PARTIES") - BE LIABLE FOR ANY INJURY, DEATH, LOSS, CLAIM, DAMAGE, ACT OF GOD, ACCIDENT, DELAY, OR ANY SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH ANY USE OF THIS SITE OR WITH ANY DELAY OR INABILITY TO USE THIS SITE, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH THIS SITE, EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO CERTAIN USERS. IN NO EVENT SHALL THE COVERED PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING BUT NOT LIMITED TO NEGLIGENCE), ARISING FROM THIS AGREEMENT OR YOUR USE OF THE SITE, EXCEED THE AMOUNT PAID BY YOU TO PEX.

17.  INDEMNIFICATION

You agree to defend, indemnify, and hold harmless PEX, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website.

18.  GOVERNING LAW AND JURISDICTION

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Los Angeles and County of Los Angeles although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

19.  ARBITRATION

At Company's sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use or the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying California law.

20.  LIMITATION ON TIME TO FILE CLAIMS

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

21.  WAIVER AND SEVERABILITY

No waiver by PEX of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the PEX to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

22.  ENTIRE AGREEMENT

The Terms of Use, our Privacy Policy, Terms of Sale, and End User License Agreement constitute the sole and entire agreement between you and PEX regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

23.  OUR CONTACT INFORMATION

If you have any questions or concerns regarding these Terms and Conditions, please contact us at:

E-mail: info@pexnow.com

Address:

TEXTPRINT, INC. dba PEX
21440 Ventura Boulevard
Woodland Hills, CA 91364

END-USER LICENSE AGREEMENT

LAST UPDATED: September 4, 2018

INTRODUCTION

Please read this End-User License Agreement ("Agreement") carefully before clicking the "I Agree" button, downloading the PEX Application (the "Application")..

By clicking the "I Agree" button, downloading the Application, you are agreeing to be bound by the terms and conditions of this Agreement.

This Agreement is a legal agreement between you (either an individual or a single entity) and TEXTPRINT, INC. dba PEX ("PEX"), and it governs your use of the Application made available to you by PEX

If you do not agree to the terms of this Agreement, do not click on the "I Agree" button and do not download or use the Application.

The Application is licensed, not sold, to you by PEX for use strictly in accordance with the terms of this Agreement.

1.  LICENSE.

PEX grants you a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

2.  RESTRICTIONS.

You agree not to, and you will not permit others to:

  • (a) license, sell, rent, lease, assign, distribute, transmit, host, outsource, disclose or otherwise commercially exploit the Application or make the Application available to any third party;
  • (b) copy or use the Application for any purpose other than as permitted under the above section 'License';
  • (c) modify, make derivative works of, disassemble, decrypt, reverse compile or reverse engineer any part of the Application; and/or
  • (d) remove, alter or obscure any proprietary notice (including any notice of copyright or trademark) of PEX or any of its affiliates, partners, suppliers or the licensors of the Application.

3.  INTELLECTUAL PROPERTY.

The Application, including without limitation all copyrights, patents, trademarks, trade secrets and other intellectual property rights are, and shall remain, the sole and exclusive property of PEX.

4.  YOUR SUGGESTIONS.

Any feedback, comments, ideas, improvements or suggestions (collectively, "Suggestions") provided by you to PEX with respect to the Application shall remain the sole and exclusive property of PEX

PEX shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any way without any credit or any compensation to you.

5.  MODIFICATIONS TO APPLICATION.

PEX reserves the right to modify, suspend or discontinue, temporarily or permanently, the Application or any other service to which it connects, with or without notice and without liability to you.

6.  UPDATES TO APPLICATION.

PEX may from time to time provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades and other modifications ("Updates").

Updates may modify or delete certain features and/or functionalities of the Application. You agree that PEX has no obligation to provide any Updates, or continue to provide or enable any particular features and/or functionalities of the Application to you.

You further agree that all Updates will be deemed to constitute an integral part of the Application, and subject to the terms and conditions of this Agreement.

7.  EXPORT COMPLIANCE.

You may not export or re-export the Application except as authorized by United States law and the laws of the jurisdiction in which the Application was obtained.

In particular, but without limitation, the Application may not be exported or re-exported (a) into or to a nation or a resident of any U.S. embargoed countries or (b) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.

By installing or using any component of the Application, you represent and warrant that you are not located in, under control of, or a national or resident of any such country or on any such list.

8.  THIRD-PARTY SERVICES.

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services ("Third-Party Services").

You acknowledge and agree that PEX shall not be responsible for any Third-Party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. PEX does not assume and shall not have any liability or responsibility to you or any other person or entity for any Third-Party Services.

If and when provided, Third-Party Services and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties' terms and conditions.

9.  PRIVACY POLICY.

PEX collects, stores, maintains, and shares information about you in accordance with its Privacy Policy. By accepting this Agreement, you acknowledge that you hereby agree and consent to the terms and conditions of our Privacy Policy.

10.  TERM AND TERMINATION.

This Agreement shall remain in effect until terminated by you or PEX.

PEX may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from PEX in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your mobile device or from your computer.

Upon termination of this Agreement, you shall cease all use of the Application and delete all copies of the Application from your mobile device or from your computer.

Termination of this Agreement will not limit any of PEX's rights or remedies at law or in equity in case of breach by you (during the term of this Agreement) of any of your obligations under the present Agreement.

11.  INDEMNIFICATION.

You agree to indemnify and hold PEX and any and all of its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your:

  • (a) use of the Application;
  • (b) violation of this Agreement or any law or regulation; or
  • (c) violation of any right of a third party.

12.  NO WARRANTIES

The Application is provided to you "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, PEX on its own behalf and on behalf of any of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, PEX provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither PEX nor any PEX provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of PEX are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of or limitations on implied warranties or the limitations on the applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.

13.  LIMITATION OF LIABILITY.

Notwithstanding any damages that you might incur, the entire liability of PEX and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by you for the Application.

To the maximum extent permitted by applicable law, in no event shall PEX or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if PEX or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

14.  SEVERABILITY.

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

15.  WAIVER.

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute waiver of any subsequent breach.

16.  AMENDMENTS TO THIS AGREEMENT.

PEX reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Application after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Application.

17.  GOVERNING LAW.

The laws of California, United States, excluding its conflicts of law rules, shall govern this Agreement and your use of the Application. Your use of the Application may also be subject to other local, state, national, or international laws.

This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Good.

18.  ENTIRE AGREEMENT.

The Agreement constitutes the entire agreement between you and PEX regarding your use of the Application and supersedes all prior and contemporaneous written or oral agreements between you and PEX

You may be subject to additional terms and conditions that apply when you use or purchase other PEX's services, which PEX will provide to you at the time of such use or purchase.

19.  CONTACT INFORMATION.

If you have any questions about this Agreement, please contact us at:

E-mail: info@pexnow.com

Address:

TEXTPRINT, INC. dba PEX

Attn: Customer Support/EULA

21440 Ventura Boulevard

Woodland Hills, CA 91364

TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES

LAST UPDATED: SEPTEMBER 4, 2018

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS, AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY.

THESE TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES REQUIRE THE USE OF ARBITRATION TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.

BY PLACING AN ORDER FOR PRODUCTS OR SERVICES USING THE PEX MOBILE APPLICATION (the "APP"), THE PEX SHORT MESSAGE SERVICE ("SMS") (the "PLATFORM"), ANY OTHER ELECTRONIC COMMUNICATION SENT THROUGH OR AVAILABLE IN CONNECTION WITH THIS PLATFORM, AND/OR ALL WEBSITES AND OTHER DIGITAL PLATFORMS OPERATED BY US (COLLECTIVELY THE "ORDERING PLATFORMS"), YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER FOR PRODUCTS OR SERVICES ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES USING OUR ORDERING PLATFORMS IF YOU (A) DO NOT AGREE TO THESE TERMS AND CONDITIONS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH TEXTPRINT, INC. dba PEX ("PEX"), OR (C) ARE PROHIBITED FROM ACCESSING OR USING THE ORDERING PLATFORMS OR ANY OF THIS ITS'S CONTENTS, OR THE OFFERED GOODS OR SERVICES BY APPLICABLE LAW.

These TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES ("Terms") apply to the purchase and sale of products and services through the Ordering Platforms. These Terms are subject to change by PEX (referred to as "us", "we", or "our" as the context may require) without prior written notice at any time, in our sole discretion. Any changes to the Terms will be in effect as of the "Last Updated Date" referenced above. You should review these Terms prior to purchasing any product or services that are available through the Ordering Platforms. Your continued use of the Ordering Platforms after the "Last Updated Date" will constitute your acceptance of and agreement to such changes.

These Terms are an integral part of the END-USER LICENSE AGREEMENT that applies to the use of our App. You should also carefully review our Privacy Policy and Website Terms of Use before placing an order for products or services through any of our Ordering Platforms. (see Section 9).

1.  ORDER, ACCEPTANCE AND CANCELLATION

You agree that your order is an offer to buy, under these Terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation text or e-mail (the "order confirmation") with your order number and details of the items you have ordered.

2.  PRICES AND PAYMENT TERMS.

  • (a) All prices, discounts, and promotions quoted on the Website and Ordering Platforms are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Quoted prices include charges for shipping and handling, but do not include taxes. All taxes will be added to your merchandise total, and will be itemized in your order confirmation. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  • (b) We may offer from time to time promotions through the App and sms text messaging that may affect pricing and that are governed by terms and conditions separate from these Terms. If there is a conflict between the terms for a promotion and these Terms, the promotion terms will govern.
  • (c) Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We utilize the vendor "Stripe" to process all payments, which accepts all major debit and credit cards, including Visa, Mastercard, American Express, Discover, Japan Credit Bureau, and Union Pay, as well as Alipay, Amex Express Checkout, Apple Pay, Google Pay, Microsoft Pay, Masterpass by Mastercard, and Visa Checkout for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the quoted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted at the time of your order.

3.  SHIPMENTS; DELIVERY; TITLE AND RISK OF LOSS; STORAGE.

  • (a) We will arrange for shipment of the products to you. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packaging, shipping, and delivery of your order.
  • (b) Title and risk of loss pass to you on delivery. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  • (c) We are unable to deliver to PO boxes, APO (military) boxes, FPO (foreign) boxes, freight forwarders.
  • (d) Once the ordered products have been shipped, we will not provide a method for storage of your images, and all such images will be deleted from our system.

4.  RETURNS AND REFUNDS.

We will accept a return of a defective product ONLY if the picture is defective due to an error created by our system, in that the image does not match the data sent, if our system causes a shipping error, or physical damage occurs during shipping. Return of such defective product may be returned ONLY for a refund of your purchase price, and the original shipping and handling costs, provided such return is made within 10 days of delivery. To return a defective product, you must call 213.277.4468 or email us at info@pexnow.com. Refunds are processed within approximately five (5) of business days of our receipt of your defective product. Your refund will be credited back to the same payment method used to make the original purchase on the Ordering Platforms or by any other electronic communication sent through or available in connection with the Website or Ordering Platforms. ALL OTHER NON-DEFECTIVE PRODUCTS ARE HEREBY DESIGNATED AS NON-RETURNABLE AND NOT SUBJECT TO REFUND.

5.  WARRANTY AND DISCLAIMERS.

ALL PRODUCTS AND SERVICES OFFERED THROUGH THIS APP AND/OR BY ANY OTHER ELECTRONIC COMMUNICATION SENT THROUGH OR AVAILABLE IN CONNECTION WITH THE PEX PLATFORM AND THE APP ARE PROVIDED "AS IS" WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

6.  LIMITATION OF LIABILITY.

IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCT(S) AND SERVICE(S) YOU HAVE ORDERED.

The limitation of liability set forth above shall only apply to the extent permitted by law.

7.  GOODS NOT FOR RESALE OR EXPORT.

You represent and warrant that the products you are buying from us are not for resale or export, and that all purchases are intended for final delivery to locations within the United States.

8.  PRIVACY.

We respect your privacy and are committed to protecting it. Our Privacy Policy, governs the processing of all personal data collected from you in connection with your purchase of products or services through use of this App, and all other Platforms linking to this App operated by us.

9.  FORCE MAJEURE.

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10.  GOVERNING LAW AND JURISDICTION.

This App and all Platforms are operated from the United States. All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of California.

11.  DISPUTE RESOLUTION AND BINDING ARBITRATION.

  • (a) YOU AND TEXTPRINT, INC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THIS APP, AND/OR ANY PLATFORM, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
  • (b) Either party may commence the arbitration by sending a written notice of arbitration to the other party. The arbitration shall be held in Los Angeles, California, by the American Arbitration Association, pursuant to the Commercial Arbitration Rules of the American Arbitration Association then in effect. The arbitrator shall be an attorney or judge knowledgeable in the matters relating to such dispute. Such arbitration shall be binding and conclusive upon the parties and judgment may be entered upon such decision in accordance with applicable law in any court having jurisdiction thereof.
  • (c) Notwithstanding anything contained herein, the parties reserve the right to seek a judicial temporary restraining order, preliminary injunction or other similar short term equitable relief prior to the appointment of the arbitrator. The Arbitral Tribunal will have the right to make a final determination of the parties' rights, including whether to make permanent, modify or dissolve any such judicial order. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

12.  ASSIGNMENT.

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 13 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

13.  NO WAIVERS.

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of TEXTPRINT, INC. dba PEX.

14.  NO THIRD-PARTY BENEFICIARIES.

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

15.  NOTICES.

  • (a) TO YOU. We may provide any notice to you under these Terms by: (i) sending a email message to the email address you provide; (ii) sending an sms text message to the cellular telephone number you provide; or (iii) by posting to the App. Notices sent by email or by text message will be effective when we send the email or text message and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address and cellular telephone number current.
  • (b) TO US. To give us notice under these Terms, you must contact us as by personal delivery, overnight courier with confirmation signature required, or registered or certified mail to:

    TEXTPRINT, INC. dba PEX

    Attn: Customer Support/Terms

    21440 Ventura Boulevard

    Woodland Hills, CA 91364

We may update the address for notices to us by posting a notice on this App. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective on confirmed delivery. Notices provided by registered or certified mail will be effective ten business days after they are sent.

16.  SEVERABILITY.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms.

17.  ENTIRE AGREEMENT.

Our order confirmation, these Terms, the End User's License Agreement relating to any product or service you obtain on or through this App and any Platform, and our Privacy Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms.

18.  COPYRIGHT POLICY.

By using the Ordering Platforms, and sending us your digital images, you give us and our third party contractors permission to legally use your digital images to make prints and otherwise to produce products you may order from us. We will not use your digital images for any other purpose.

In sending us your digital images, you warrant and represent to us that either you own the copyright to those digital images or that you have written permission from the owner of the copyright to make additional copies. IF WE HAVE ANY REASON TO BELIEVE THAT YOUR ORDER INCLUDES IMAGES THAT YOU DO NOT OWN THE COPYRIGHT TO, WE WILL NOT MAKE PRINTS OR ANY OTHER PRODUCTS FROM THE IMAGES UNLESS AND UNTIL WE HAVE WRITTEN PERMISSION FROM THE COPYRIGHT OWNER OR OTHER EVIDENCE IN OUR FILES CONFIRMING YOUR COPYRIGHT OWNERSHIP.

19.  CUSTOMER CONTENT.

You understand that all information, data, text, photographs, graphics, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. This means that you, and not PEX, are entirely responsible for all Content that you send, upload, post or transmit via the Service. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content.
  • (a) You agree to not use the Service to send, upload, post or otherwise transmit any Content that contains (i) child pornography or anything indecent, obscene, lewd, lascivious, filthy or vile; (ii) a threat to kidnap or injure a person, a threat to injure the personal property or reputation of another person, a threat to accuse any person of a crime, a threat to inform another that a person has violated any law of the United States, or a threat of blackmail; (iii) any matter advocating or urging treason, insurrection, or forcible resistance to any law of the United States; (iv) any defamatory remarks directed at any other person or company; or (v) any content that infringes the intellectual property rights or other proprietary rights of PEX or any third party.
  • (b) We do not print adult content (art is accepted), copyrighted material, discriminatory material, FDA material, or money. We reserve the right to deny services without a disclosed reason for objectionable content.
  • (c) You agree that you are responsible for protecting your password and controlling access to your registered account. You agree that you will be responsible for all orders placed, or other actions, that are taken through your registered account.
  • (d) You acknowledge that PEX does not pre-screen Content, but that PEX and its affiliates shall have the right (but not the obligation) in their sole discretion to remove any Content that violates the terms of service or may otherwise be objectionable. You further acknowledge and agree that PEX may preserve Content and may also disclose Content if required to do so by law or if there is certain belief that such preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the terms of service; (iii) respond to claims that the Content violates the rights of third-parties; or (iv) protect the rights, property, or personal safety of PEX, its users and the public.

20.  SMS TEXT MESSANGING.

  • (a) Once you have signed up for and registered an account either through the Pex Application or the Website (pexnow.com), orders may be placed via sms messaging on the Pex Platform. The Pex Platform includes any arrangement or situation in which PEX sends, receives, (or indicates that it may send, or receives a request that it send) one or more text messages to you. Any and all use of the Platform is subject to these Terms of Sale and Pex's Privacy Policy.
  • (b) The 213.277.4468 phone number we use for the Pex Platform is supported on all U.S. carriers. Please note, however, that the supporting mobile carriers may change without notice. PEX and the mobile carriers (for example, T-Mobile) are not liable for delayed or undelivered messages. Message and data rates may apply. PEX may terminate the Platform or your participation in it at any time with or without notice, including, for example, before you have received any or all messages that you otherwise would have received, but these Terms & Conditions still will apply.

21.  CONTACT INFORMATION.

If you have any questions about TERMS AND CONDITIONS FOR THE SALE OF GOODS AND SERVICES please contact us at:

E-mail: info@pexnow.com

Address:

TEXTPRINT, INC. dba PEX

Attn: Customer Support/Terms

21440 Ventura Blvd.,

Woodland Hills, CA 91364