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Terms of Use

 

Last Updated March 26, 2022 

Pixel welcomes you to our Website, which is governed by these Terms of Use. By visiting the Website, you acknowledge that you have read, understood, and agree to be legally bound by these Terms of Use and our Privacy Policy (collectively, the “Agreement”).  If you do not agree to any of these terms, then you are not permitted to use the Website. Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

Our Services 

You are welcome to visit and view the Website without using our Services. To inquire about our Services or become a customer, contact us via the Contact Us page or the contact information provided on the Website.

We may respond to any inquiries at our sole and complete discretion.  In addition, we may, at our discretion, block access to the Website at any time, including, without limitation, if we determine that a visitor has violated the Agreement.

Intellectual Property 

The Website may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or licensed to us by third parties.  The Content is protected under both US and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content and you will not use the Content except as permitted under this Agreement. No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos used and displayed on the Website may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”).  Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors. 

Acceptable Use

You agree not to use the Website or Content for any unlawful purpose.  While using the Website or Content, you agree to comply with all applicable laws.  You agree not to engage in any of the following: 

  1. submit information pertaining to a person other than you without appropriate consent from such person;
  1. post or disseminate on the Website or on any other website in relation to the Website (e.g., Facebook page) any material that is libelous, defamatory, harassing, obscene, pornographic, abusive, or deliberately offensive;
  1. post or disseminate on the Website or on any other website in relation to the Website any material that infringes upon the intellectual property or privacy rights of any third party, including without limitation any Content that includes a third party’s unlicensed copyrighted work or that lists a third party’s social security number, credit card number, or non-public e-mail or snail mail address;
  1. post or disseminate on the Website or on any other website in relation to the Website any material that otherwise violates any right of any third party, including without limitation any material, non-public information about companies without the authorization to do so;
  1. send any unsolicited commercial email or in any way contribute to or facilitate the sending of such email;
  1. harvest or collect information about users, Website visitors or members without their express consent;
  1. remove any copyright, trademark or other proprietary rights notices contained in the Website, Content or any other materials available on the Website;
  1. access or attempt to access, without authorization, any computer system involved in provision of our Service, including without limitation through use of a robot, spider, scraper, or other automatic means, or by bypassing any measure used by us to restrict access to the Website; 
  1. interfere or attempt to interfere with the operation of any website, computer, or computer system, including without limitation the Website and the computers involved in provision of our services.

Some parts of the Website require you to register.  When you register for services, you agree to (a) provide accurate, current, and complete information and (b) maintain and update your information to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current, or incomplete, we reserve the right to terminate this Agreement and your use of the Website.  If you have reason to believe that your account is no longer secure, you must promptly change your password and immediately notify us of the problem by email at the following address:info@get-pixel.com. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

Warranty Disclaimer

THE WEBSITE AND CONTENT PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, INCLUDING THAT THE WEBSITE AND CONTENT WILL OPERATE ERROR-FREE, THAT THE WEBSITE, THE SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.

WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. 

Limit of Liability

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, NEITHER PIXEL NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU. 

External Websites, Products and Services 

The Website may include links to External Websites, which are provided solely as a convenience to you and not as an endorsement by us of the content or any third-party goods and services (the “Third Party Products”) which may be available on the External Websites. You acknowledge and agree that we: (i) do not manufacture or sell the Third Party Products and thus have no control over the quality, safety, legality or efficacy of any Third Party Product; (ii) are not involved in any transaction involving any Third Party Products; and (iii) have no liability with respect to any Third Party Product or any transaction or interaction between you and the provider of any Third Party Product.

Indemnification 

You agree to defend, indemnify, and hold us and our and our affiliates’ officers, directors, employees, successors, licensees, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of this Agreement, or your use of the Content or the Website.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

Compliance with Applicable Laws 

The Website is operated by Pixel in the United States.  We make no claims concerning whether the Content may be downloaded, viewed, or be appropriate for use outside of the United States.  If you access or use the Website from outside of the United States, you do so at your own risk. In the US and elsewhere, you are solely responsible for ensuring your compliance with the laws of your specific jurisdiction.

Termination of the Agreement

We reserve the right, in our sole discretion, to restrict, suspend, or terminate this Agreement and your access to all or any part of the Website, at any time and for any reason without prior notice or liability.  We reserve the right to change, suspend, or discontinue all or any part of the Website at any time without prior notice or liability.

Changes to these Terms of Use

These Terms of Use are effective as of the date stated above. We may change these Terms of Use from time to time, and will post any changes on the Website as soon as they go into effect. By using the Website after we make any such changes to these Terms of Use, you are deemed to have accepted such changes. Please refer back to these Terms of Use on a regular basis.

Miscellaneous 

This Agreement and any action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.  Except for proceedings commenced by Pixel to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey.  The following provisions will survive any expiration or termination of this Agreement: Intellectual Property, Warranty Disclaimer, Limit of Liability, Indemnification, Termination of the Agreement, and Miscellaneous.

Our failure to act on or enforce any provision of the Agreement shall not be construed as a waiver of that provision or any other provision in this Agreement.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire Agreement between you and us with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees. 

Pixel Account Terms

Last Update: March 26, 2022

The following terms (“Terms”) govern your use of the Pixel website  www.get-pixel.com and mobile app (“Services”) as an account holder.  The Services are operated by Schraft’s 2.0, LLC (“Schraft’s”).  By creating an account, you are agreeing to these Terms.  If you disagree with these Terms after the creation of an account you may discontinue your use of the Services and terminate your account. 

These Terms supplement our Privacy Policy, Notice of Privacy Practices, and terms governing the use of our websites by all users. 

1. Creation of an Account 

When you create an account via the Services, you will be provided a limited license to access and use the Services for your own personal, noncommercial purposes.  In providing such license to you, Schraft’s relied on the information you provided during the registration process. You represent that all of the information provided by you during the registration process is accurate and complete to the best of your knowledge.  You warrant that you will update your account information ensure that such information remains accurate and up-to-date. 

Schraft’s may terminate your account immediately and without notice at any time upon a reasonable reason to do, including misuse of the Services, provision of inaccurate information, a potential security threat, and changes to the Services. 

If you have reason to believe that your account is no longer secure, you must promptly change your password and immediately notify us of the problem by email at the following address: info@get-pixel.com. You are entirely responsible for maintaining the confidentiality of your username and password and all activities that are conducted through your account.

2. Provision of Services

You acknowledge and agree that the provision of the Services by Schraft’s requires several Scharft’s to access various information about you (as described in our Privacy Policy and Notice of Privacy Practices) and communicate with your healthcare providers and health plans.  Further, you agree to receive remote pharmacy services as part of the Services, and acknowledge that remote pharmacy services are provided without an in-person consultation with a pharmacist.  

The prices and availability of the Services and any products may change at any time without notice to you. Prices will be as posted on the Services as of the date and time of your order, as applicable. Availability of products and services may be limited and products may not be available for immediate delivery. Some products and services may not be available in certain areas.

3. Acceptable Use

You agree not to use the Services for any unlawful purpose.  While using the services, you agree to comply with all applicable laws.  You agree not to engage in any of the following: 

  1. submit information pertaining to a person other than you without appropriate consent from such person;
  2. post or disseminate on the Services or any third-party website in relation to the Services any material that is libelous, defamatory, harassing, obscene, pornographic, abusive, or deliberately offensive;
  3. post or disseminate on the Services or on any third-party website in relation to the Website any material that infringes upon the intellectual property or privacy rights of any third party, including without limitation any content that includes a third party’s unlicensed copyrighted work or that lists a third party’s social security number, credit card number, or non-public e-mail or snail mail address;
  4. post or disseminate on the Services or on any third-party website in relation to the Services any material that otherwise violates any right of any third party, including without limitation any material, non-public information about companies without the authorization to do so;
  5. send any unsolicited commercial email or in any way contribute to or facilitate the sending of such email;
  6. harvest or collect information about users;
  7. remove any copyright, trademark or other proprietary rights notices contained in the Services;
  8. access or attempt to access, without authorization, any computer system involved in provision of our Services, including without limitation through use of a robot, spider, scraper, or other automatic means, or by bypassing any measure used by us to restrict access to the Services; 
  9. interfere or attempt to interfere with the operation of any website, computer, or computer system, including without limitation the Services and the computers involved in provision of the Services.

4. Intellectual Property

The Services may contain material, such as software, text, graphics, images, designs, sound recordings, audiovisual works, and other material provided by or on behalf of us (collectively referred to as the “Content”).  The Content may be owned by us or licensed to us by third parties.  The Content is protected under both US and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws.  You have no rights in or to the Content and you will not use the Content except as permitted under these Terms. No other use is permitted without prior written consent from us.  You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose.  The use or posting of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited.

The trademarks, service marks, and logos used and displayed on the Services may be registered and/or unregistered trademarks or service marks of ours of our licensors (collectively, the “Trademarks”).  Nothing on the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use.  Use of the Trademarks as part of a link to or from any site is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of the Trademarks inures to the benefit of us or our licensors.

5. Warranty Disclaimer

The Services are provided on an “as is” and “as available” basis without any warranties of any kind, including that the website and content will operate error-free, that the website, the servers, or the content are free of computer viruses or similar contamination or destructive features.

We disclaim all warranties, including, but not limited to, warranties of title, merchantability, non-infringement of third parties’ rights, and fitness for particular purpose and any warranties arising from a course of dealing, course of performance, or usage of trade.

6. Limitation of Liability

IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS, NEITHER SCHRAFT’S NOR ANY OF ITS AFFILIATES SHALL BE LIABLE FOR (I) INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, OR (II) DIRECT DAMAGES IN EXCESS OF AN AMOUNT EQUAL TO $100, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE SERVICES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON THE WEBSITE.  WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AT ANY TIME WITHOUT NOTICE. 

7. Indemnification

You agree to defend, indemnify, and hold Scharft’s and its and its affiliates’ officers, directors, employees, successors, licensees, agents, and assigns harmless from and against any claims, actions, or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, or your use of the Services.  We shall provide notice to you of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit, or proceeding. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.

8. Changes to these Terms

These Terms are effective as of the date stated above. We may change these Terms from time to time, and will post any changes on the Services as soon as they go into effect. By using the Services after we make any such changes to these Terms, you are deemed to have accepted such changes. Please refer to these Terms on a regular basis.

9. Miscellaneous

These Terms and any arbitration or other action related thereto will be governed by the laws of the State of New Jersey without regard to its conflict of laws provisions.  Except for proceedings commenced by Schraft’s to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, any disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of New Jersey.   

Schraft’s failure to act on or enforce any provision of the Terms shall not be construed as a waiver of that provision or any other provision in these Terms.  No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, these Terms constitute the entire agreement between you and Schraft’s with respect to the subject matter, and supersedes all previous or contemporaneous agreements, whether written or oral, between the parties with respect to the subject matter.  The section headings are provided merely for convenience and shall not be given any legal import. These Terms will inure to the benefit of our successors, assigns, licensees, and sublicensees.

Copyright 2022 Pixel, LLC. All rights reserved.