Pixel & Tonic Terms and Conditions
Hi, we're Pixel & Tonic (PT), we make Craft CMS and Craft Commerce. By using any of our stuff you are agreeing to the following Terms and Conditions (the Terms from here on out). Our Stuff and Services (things we legally own, govern, or administrate) which includes, but is not limited to the following:
- All the content on Craftcms.com, CraftCommerce.com, Pixelandtonic.com, and any other sites we own and operate.
- Our Sales and Technical Support systems
- Craft ID Accounts
- Plugin Store in every Craft 3 CMS installation
- Our official Community areas (Slack, StackExchange)
Please read the Agreements carefully. They cover important information about the Services and any charges, taxes, and fees we bill you. The Agreements also include information about future changes to the Agreements, export controls, limitations of liability and indemnities, privacy information, waivers you are granting Pixel & Tonic, how disputes are to be resolved and other important information.
You acknowledge that you have read and understood the Terms, accept the Terms, and agree to be bound by the Terms. If you don’t agree (or cannot comply) with the Terms, then you may not use Stuff and Services. When we update these Terms we will post a notice on our websites and may contact you in other ways. You can always find the most current version of these Terms at https://craftcms.com/terms.
The Top Ten #
Here, in plain language, are the most important things that you are agreeing to when using any of our products, services, or participating in the Community. Our attorneys want you to know that the plain language version is a good thing for clarity but it is not legally binding in any way.
- Be kind and follow our Code of Conduct in all interactions with the Community and PT staff.
- You are responsible for the use of your Craft ID account and assume all liability for it. For example, if you share it with a 3rd party and they use it to transfer a license without your permission, that’s on you.
- Never disclose or make available any customer data that you receive as part of using these services and products to 3rd parties without permission (positive, double opt-in).
- You have the legal authority and assume responsibility for the things you are doing, for example selling or buying a plugin, paying VAT, transferring licenses, etc…
- Do not use any of our IP in the official name of your products or services. For example, “Craft SEO Plugin” is bad. “Acme SEO for Craft” is good. Also, do not incorporate any of our logos into any of your logos.
- We offer a 30 day refund on our products and Plugins purchased through the Plugin store. We do not offer refunds for any services or consulting.
- We do our best to payout earnings within one business day to Developers selling plugins in the Plugin store. But sometimes payouts can take up to 45 days or we may withhold payment until we owe you at least $10 USD.
- Don’t break any laws and respect our stuff. Use the Craftnet API responsibly. Do not use any content scrappers or other unauthorized methods to take information from any of our properties. Do not attempt to circumvent any security verification or license checks, etc…. This could be a very long list but you get the idea.
- Developer Support is available to paid Craft and Craft Commerce licenses. Please read about what is included and what isn’t.
- We do our best to settle any disagreements between you and us in a kind, friendly way. If you have an issue, please let us know about it by emailing firstname.lastname@example.org. In the very unfortunate event that we get into any legal tussle, everything will be settled by US law, in the State of Oregon, in Deschutes County or Portland OR, by Arbitration. Of course, a whole bunch of other legal stuff or circumstances could change that. May it never, ever, ever come to that.
Have questions or concerns? Please email email@example.com.
Got it? Great. Let’s get into important specifics about each service.
Code of Conduct #
You agree to abide by Code of Conduct in all interactions with the Community and our Staff.
Craft ID Accounts #
A Craft ID account is powerful. You can sign up a Craft ID at http://id.craftcms.com. A Craft ID account will let you do a lot of things, like manage and transfer your license purchases, distribute plugins in the Plugin Store, and more things to come. When you create a Craft ID account you agree to the following:
- You are 18 years old. If not, you can’t have a Craft ID account. Sorry :(
- You understand that you are responsible for all use of your Craft ID account. This includes, but is not limited to purchases, payments, services associated with your Craft ID, and use of your Craft ID in the Craftnet API.
- We may remove or suspend a Craft ID account for any reason without notice.
Craft Plugin Store - Customer Terms #
The Craft Plugin Store is located in every Craft 3 CMS installation. By default is only available to Admin accounts on that Craft installation. By using the Plugin Store you agree to the following Terms:
- You can try anything before buying, no credit card required. We do not require a purchase of any paid license until the site goes into Production. This means you can try Craft or any plugin in our store for free in developer and staging environments and only pay when the site is ready to go live. This greatly reduces the risk to you and to us. Here’s how!
- We have a 30-day refund policy for Craft licenses and Plugin licenses sold through the Plugin store. Just email firstname.lastname@example.org with your order number to request a refund.
- Paid Craft CMS and Craft Commerce licenses come with one year of License Updates and Developer Support. Please read the support articles for Craft License Updates and Developer Support for the details.
- Paid Plugins may or may not come with support from the plugin developer. Please confirm with the vendor on their support policies. We do not support any 3rd party plugin sold in the Plugin store.
- If you purchase a 3rd party plugin, you are agreeing to share your purchase information with the 3rd party Developer. They may not use your information for marketing purposes without your express permission (positive, double-opt-in is required).
Craft Plugin Store - Developer Terms #
Once you have a Craft ID, you can choose to enable Developer Features that will allow you to freely distribute or sell your plugins in the Craft Plugin Store. We can’t stress enough that you should read all the Terms you are agreeing to. Here they are:
- The functionality your plugin provides complies with the Craft License.
- Your plugin must use the MIT License or the Craft License. We do not support any other license types.
- Plugins must live in a public GitHub repo.
- Plugins may not require _non-stable Composer dependencies _
- Your plugin must not transmit any data back to you as the vendor without express permission from the site owner (positive, double opt-in).
- Never resell customer data.
- Only provide customer data to 3rd party if it has been authorized through a positive, double-opt-in process or unless required by law.
- Delete customer data when requested or required by law.
- We do not require exclusivity, but you may not charge more for your plugins in the Plugin Store than other places of sale.
- Plugin handles should not be so generically-named that they could be confused for a core service (forms, components, etc.).
- You may not use our IP the name of your Plugin or name your plugin in a way that implies a formal partnership with PT. This extends to all promotional and educational materials as well.
- Example, “Craft SEO” is not an acceptable plugin name. “AcmeSEO, for Craft” is 100% ok. This is better for all involved as it keeps your IP separate from ours. Your IP, for Craft is the starting template we recommend.
- This approach should be followed in all promotional language, website, URLs, and educational material.
- Exception: GitHub and developer tools where proper developer naming conventions are way more important than making lawyers happy.
- We may remove your plugin from the Store or suspend promotion of the Plugin if our IP is used incorrectly.
- No “bait & switch” plugins. Free plugins will always be required to offer a free tier. Paid and free versions are just fine (that’s what we do) but you can’t switch a currently free plugin to “paid only” in a way that would impact production installations. You can end of life a free plugin and offer a commercial alternative.
- Note: You can submit a Commercial version of the free edition as a separate Plugin. Eventually, you’ll be able to have Free and Commercial editions of the same plugin.
- PT will provide a way to collect customer VAT ID, but you are responsible for reporting and paying your own VAT as required by your country of residence.
- You grant PT the IP license rights necessary to distribute your plugin. This includes the right to use your logo, copy, customer testimonials, and similar for promotional use. You do not grant PT ownership rights of any kind.
- Your plugins will use the Craftnet Licensing validation system.
- Your plugins will be available for free trial use in environments that appear to be for development, testing, or staging.
- All licenses are perpetual.
- You must set an optional annual Renewal Price for a licensee's continued access to updates. Please note, this is not a “subscription.” Licensees are not required to pay a plugin’s annual renewal fee unless they wish to update the plugin, or upgrade the plugin to a new edition.
- P&T isn’t liable if/when our license validation fails; our goal is to enable customers to easily support ongoing development costs that help keep plugins stable, current, and forward thinking. We also try to stop and prevent bootlegging activity.
- You agree to give PT a 20% commission on the Retail Price of Commercial Plugins.
- Taxes are added to the retail price.
- PT covers the transactional cost of the purchase (Stripe fees) in its 20%.
- Example: Acme Tasks is $10. Tax is 10%. Customer pays $11 for the plugin. $1 goes to The Government, $8 goes to you, $2 go to P&T, P&T pays any transactional costs from the $2.
- We do our best to payout earnings within one business day to Plugin devs selling plugins in the Plugin store. But sometimes payouts can take up to 45 days.
- You agree to a 30-day refund policy on all purchases.
- PT will refund customers and apply a negative credit to your Craft ID account for up to -$100 USD.
- Payouts from Plugin sales will apply to any negative balance first.
- Refunds in excessive of $100 USD will be invoiced to you with a 30-day payment term.
- Invoices that are 60 days past due will result in immediate Plugin store suspension.
- You may remove your Plugin from the Store at any time. Please note that removing the Plugin does not remove the Plugin from existing installations. It simply stops the Plugin from being distributed in the Plugin store.
- P&T, at its sole discretion, may remove any Plugin from the Plugin store for any reason without notice.
Craftcms.com & any of our Websites #
- Don’t steal from us or any vendor doing business on our sites.
- Do not employ any unauthorized automated methods to scrap or take content from the site.
- Don’t break the law.
It's Going to Get More Legal-y from Here on Out #
You have been warned. And sorry. We'll make our next Terms update a bit more readable and plain language friendly.
User Generated Content and the Rights You Grant to Us #
There is a very good chance that you will give us content in some way, shape, or form as you use our Stuff. We call this “User Content”. For the avoidance of doubt, “User Content” includes any such content posted to the Craft Online Community as well as any other part of our Stuff like sales and technical support. You agree to abide by our Code of Conduct when posting any User Content on any part of the Services.
You also promise that, with respect to any User Content you provide:
- You have the right to post such User Content.
- Your content does not violate any the Terms.
- PT may, but has no obligation to, monitor, review, or edit User Content.
In all cases, Pixel & Tonic reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in Pixel & Tonic’s sole opinion, violates the Agreements. Pixel & Tonic may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.
You are solely responsible for all User Content that you post. Pixel & Tonic is not responsible for User Content nor does it endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST PIXEL & TONIC RELATED TO USER CONTENT THAT YOU POST, THEN, TO THE EXTENT NOT PROHIBITED UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD PIXEL & TONIC HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
If you provide feedback, ideas or suggestions to Pixel & Tonic in connection with the Services or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize Pixel & Tonic to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.
You grant Pixel & Tonic a non-exclusive, transferable, sub-licensable, royalty-free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Terms plus twenty (20) years), irrevocable, fully paid, worldwide license to use, reproduce, make available to the public (e.g. perform or display), publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Services through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created.
Aside from the rights specifically granted herein, you retain ownership of all rights, including IP rights, in the User Content. Where applicable and permitted under applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.
Third Party Applications and Vendors #
Our Stuff is integrated with third-party applications, software, websites, and services (“Third Party Applications”) to make available content, products, and/or services to you. Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these applications will be governed by and subject to such terms and conditions and privacy policies. You understand and agree that Pixel & Tonic does not endorse and is not responsible or liable for the behavior, features, or content of any Third-Party Application or for any transaction you may enter into with the provider of any such applications.
Pixel and Tonic Intellectual Property #
All Pixel & Tonic trademarks, service marks, trade names, logos, domain names, and any other features of the Pixel & Tonic brand (“Pixel & Tonic Brand Features”), are the sole property of Pixel & Tonic or its licensors. The Terms do not grant you any rights to use any Pixel & Tonic Brand Features whether for commercial or non-commercial use.
Except for the rights expressly granted to you in the Terms, Pixel & Tonic grants no right, title, or interest to you in the Services, Content, IP or the proprietary information, tools, libraries, know-how, techniques or expertise of Pixel & Tonic, or any such information owned or licensed by Pixel & Tonic, including the methods by which the Services are performed or the processes that make up the Services or Content and any custom work, including custom plugins and code, performed by Pixel & Tonic in providing the Services (collectively, the “PT IP”). Unless expressly stated otherwise, the Terms do not assign or transfer any right or ownership in PT IP to you.
Service Limitations and Modifications #
Pixel & Tonic will make reasonable efforts to keep the Services operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions. To the extent permissible under applicable law, Pixel & Tonic reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the Services, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of the Services or any function or feature thereof. You understand, agree, and accept that Pixel & Tonic has no obligation to maintain, support, upgrade, or update the Services, or to provide all or any specific content through the Services. This section will be enforced to the extent not prohibited by applicable law. Pixel & Tonic and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent not prohibited by applicable law.
Export Control #
Pixel & Tonic’s products may be subject to U.S. export and re-export control laws and regulations or similar laws applicable in other jurisdictions, including Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You warrant that you are (1) not located in Cuba, Iran, North Korea, Sudan, or Syria; and (2) are not a denied party as specified in the regulations listed above.
You agree to comply with all applicable export and re-export control laws and regulations, including the EAR, trade and economic sanctions maintained by OFAC, and ITAR. Specifically, you agree that you shall not – directly or indirectly – sell, export, re-export, transfer, divert, or otherwise dispose of any products, software, or technology (including products derived from or based on such technology) received from Pixel & Tonic to any destination, entity, or person prohibited by any applicable laws or regulations of the United States or any other jurisdiction without obtaining prior authorization from the competent government authorities as required by those laws and regulations.
Suspension of Services #
Pixel & Tonic may suspend your access to the Services at any time and for any reason, including in the event of your actual or suspected unauthorized use of the Services and/or Content or non-compliance with the Agreements. Upon suspension, you agree that Pixel & Tonic shall have no liability or responsibility to you, and Pixel & Tonic will not refund any amounts that you have already paid, to the fullest extent not prohibited under applicable law. This section will be enforced to the extent not prohibited by applicable law.
Our Lawyers are about to Yell on the Internet #
We sincerely apologize for the forthcoming overuse of capitalization. The next version won't be so loud.
DISCLAIMER OF WARRANTIES #
WE ENDEAVOUR TO PROVIDE THE BEST SERVICE WE CAN, BUT YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. YOU USE THE SERVICES AT YOUR OWN RISK. TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, PIXEL & TONIC AND ALL OWNERS OF THE CONTENT MAKE NO REPRESENTATIONS AND DISCLAIM ANY WARRANTIES OR CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NEITHER PIXEL & TONIC NOR ANY OWNER OF CONTENT WARRANTS THAT THE SERVICES ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. IN ADDITION, PIXEL & TONIC MAKES NO REPRESENTATION NOR DOES IT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY APPLICATIONS (OR THE CONTENT THEREOF), USER CONTENT, OR ANY OTHER PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY ON OR THROUGH THE SERVICES OR ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. YOU UNDERSTAND AND AGREE THAT PIXEL & TONIC IS NOT RESPONSIBLE OR LIABLE FOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF THIRD PARTY APPLICATIONS OR PRODUCTS OR SERVICES ADVERTISED ON OR THROUGH THE SERVICES. AS WITH ANY PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. NO ADVICE OR INFORMATION WHETHER ORAL OR IN WRITING OBTAINED BY YOU FROM PIXEL & TONIC SHALL CREATE ANY WARRANTY ON BEHALF OF PIXEL & TONIC IN THIS REGARD. SOME ASPECTS OF THIS SECTION MAY NOT APPLY IN SOME JURISDICTIONS IF PROHIBITED BY APPLICABLE LAW.
THIS DOES NOT AFFECT YOUR STATUTORY RIGHTS AS A CONSUMER.
LIMITATION ON LIABILITY AND TIME FOR FILING #
YOU AGREE THAT, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO UNINSTALL ANY PIXEL & TONIC SOFTWARE AND TO STOP USING THE SERVICES. WHILE PIXEL & TONIC ACCEPTS NO RESPONSIBILITY FOR THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, AND WHILE YOUR RELATIONSHIP WITH SUCH THIRD PARTY APPLICATIONS MAY BE GOVERNED BY SEPARATE AGREEMENTS WITH SUCH THIRD PARTIES, TO THE EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOUR SOLE AND EXCLUSIVE REMEDY, AS WITH RESPECT TO PIXEL & TONIC, FOR ANY PROBLEMS OR DISSATISFACTION WITH THIRD PARTY APPLICATIONS OR THE CONTENT THEREOF, IS TO UNINSTALL AND/OR STOP USING ANY SUCH THIRD PARTY APPLICATIONS.
TO THE FULLEST EXTENT NOT PROHIBITED BY LAW, IN NO EVENT WILL PIXEL & TONIC, ITS OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, DIRECTORS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, SUPPLIERS, OR LICENSORS BE LIABLE FOR (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES; (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PIXEL & TONIC HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE; OR (3) AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, THIRD PARTY APPLICATIONS, OR THIRD PARTY APPLICATION CONTENT MORE THAN THE AMOUNTS PAID BY YOU TO PIXEL & TONIC DURING THE PRIOR TWELVE MONTHS IN QUESTION.
Nothing in the Terms removes or limits Pixel & Tonic’s liability for fraud, fraudulent misrepresentation, or willful misconduct and, if required by applicable law, gross negligence. Some aspects of this section may not apply in some jurisdictions if prohibited by applicable law.
TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT ANY CLAIM AGAINST PIXEL & TONIC MUST BE COMMENCED BY FILING A DEMAND FOR ARBITRATION UNDER SECTION 21 OR FILING AN INDIVIDUAL ACTION UNDER SECTION 21 WITHIN ONE YEAR AFTER THE DATE THE PARTY ASSERTING THE CLAIM FIRST KNOWS OR REASONABLY SHOULD HAVE KNOWN OF THE ACT, OMISSION, OR DEFAULT GIVING RISE TO THE CLAIM; AND THERE SHALL BE NO RIGHT TO ANY REMEDY FOR ANY CLAIM NOT ASSERTED WITHIN THAT TIME PERIOD.
Any failure by Pixel & Tonic or any third-party beneficiary to enforce the Terms or any provision thereof shall not waive Pixel & Tonic’s or the applicable third-party beneficiary’s right to do so.
Entire Terms #
The Terms are fully integrated and constitute all the terms and conditions agreed upon between you and Pixel & Tonic regarding the Services, Stuff, and Content. To the extent that there is any irreconcilable conflict between the terms of additional written agreements and these Terms, the terms of the additional agreements shall prevail.
Unless as otherwise stated in the Terms, should any provision of the Terms be held invalid or unenforceable for any reason or to any extent, such invalidity or enforceability shall not in any manner affect or render invalid or unenforceable the remaining provisions of the Terms, and the application of that provision shall be enforced to the extent permitted by law.
Pixel & Tonic may assign the Terms or any part of them, and Pixel & Tonic may delegate any of its obligations under the Terms. You may not assign the Terms or any part of them, nor transfer or sub-license your rights under the Terms, to any third party.
To the fullest extent not prohibited by applicable law, you agree to indemnify and hold Pixel & Tonic and its directors, officers, shareholders, employees, agents, subsidiaries, affiliates, suppliers, and licensors harmless from and against all damages, losses, and expenses of any kind (including reasonable attorney fees and costs) arising out of: (1) your breach of the Agreements; (2) any User Content; (3) any activity in which you engage on or through the Services; and (4) your violation of any law or the rights of a third party.
Choice of Law, Mandatory Arbitration and Venue #
Governing Law; Jurisdiction. #
The Terms (and any non-contractual disputes/claims arising out of or in connection with them) are subject to the laws of the state of Oregon, United States of America, without regard to choice or conflicts of law principles.
Further, you and Pixel & Tonic agree to the jurisdiction of Deschutes County, Oregon to resolve any dispute, claim, or controversy that relates to or arises in connection with the Terms (and any non-contractual disputes/claims relating to or arising in connection with them) and are not otherwise subject to mandatory arbitration.
Arbitration Agreement #
Dispute resolution and arbitration
You and Pixel & Tonic agree that any dispute, claim, or controversy between you and Pixel & Tonic arising in connection with or relating in any way to these Terms or to your relationship with Pixel & Tonic as a user of the Services (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and whether the claims arise during or after the termination of the Terms) will be determined by mandatory binding individual (not class) arbitration. You and Pixel & Tonic further agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope or validity of this arbitration agreement or to the arbitrability of any claim or counterclaim. Arbitration is more informal than a lawsuit in court. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. There may be more limited discovery than in court. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney fees), except that the arbitrator may not award any relief, including declaratory or injunctive relief, benefiting anyone but the parties to the arbitration.
You and Pixel & Tonic both agree that nothing in this arbitration agreement will be deemed to waive, preclude, or otherwise limit either of our rights, at any time, to (1) bring an individual action in a United States small claims court or (2) bring an individual action seeking only temporary or preliminary individualized injunctive relief in a court of law, pending a final ruling from the arbitrator. In addition, this arbitration agreement does not stop you or us from bringing issues to the attention of federal, state, or local agencies. Such agencies can, if the law allows, seek relief against us on your behalf (or vice versa).
No Class or Representative Proceedings: Class Action Waiver
YOU AND PIXEL & TONIC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. Unless both you and Pixel & Tonic agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. If a court decides that applicable law precludes enforcement of any of this Section’s limitations as to a particular claim for relief, then that claim (and only that claim) must be severed from the arbitration and may be brought in court.
Either you or we may start arbitration proceedings. Any dispute or claim arising from, or relating to this Agreement shall be resolved by binding arbitration conducted in Bend, Oregon, before a single arbitrator pursuant to the rules then in effect of the Arbitration Service of Portland, Inc. (or at any other place or under any other form of arbitration mutually acceptable to the parties involved). Any award rendered shall be final and conclusive upon the parties, and a judgment on such award may be entered in any court having jurisdiction. The parties agree that all information obtained in any arbitration proceeding is strictly confidential. Unless otherwise awarded by the arbitrator, each party will bear its own costs and expenses in connection with any arbitration proceeding, except that arbitrator fees and costs of arbitration will be divided evenly between the parties. Notwithstanding the foregoing, any party may seek to enjoin a continuing or threatened breach hereof in any court of jurisdiction without waiving any other rights or remedies. The prevailing party in arbitration or any other proceeding concerning the Terms shall be entitled to recover such reasonable costs and attorney fees as shall be determined by the arbitrator or court (including any appellate court).
A party who intends to seek arbitration must first send a written notice of the dispute to the other, by certified mail, Federal Express, UPS, or Express Mail (signature required), or in the event that we do not have a physical address on file for you, by electronic mail ("Notice"). Pixel & Tonic 's address for Notice is: PIXEL AND TONIC, INC., 919 NW Bond Street, Suite 203, Bend, Oregon 97703, USA. The Notice must (1) describe the nature and basis of the claim or dispute; and (2) set forth the specific relief sought ("Demand"). We agree to use good faith efforts to resolve the claim directly, but if we do not reach an agreement to do so within 30 days after the Notice is received, you or Pixel & Tonic may commence an arbitration proceeding. All documents and information disclosed in the course of the arbitration shall be kept strictly confidential by the recipient and shall not be used by the recipient for any purpose other than for purposes of the arbitration or the enforcement of the arbitrator’s decision and award and shall not be disclosed except in confidence to persons who have a need to know for such purposes or as required by applicable law.
If this arbitration agreement is invalidated in whole or in part, the parties agree that the exclusive jurisdiction and venue described in Section 21.1 shall govern any claim in court arising out of or related to the Terms.
Contact us #
Whew, you made it! If you have any questions concerning the Terms, please contact us at email@example.com.