You and Pichunt 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 Pichunt 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. You and Pichunt acknowledge and agree that we are each waiving the right to a trial by jury as to all arbitrable disputes under this TOS.
If a court decides that applicable law precludes enforcement of any of the limitations then that claim (and only that claim) must be severed from the arbitration and may be brought in court. Neither party may assign this agreement, without the prior written approval of the other party, except that Pichunt may assign this agreement to a subsidiary, an affiliated company within the Pichunt group, the entity that results from a merger or other corporate reorganization involving Pichunt, or an entity that acquires all or substantially all of Pichunt’s assets or capital stock. This TOS shall be construed neither against nor in favor of any party, but rather by the fair meaning of the language hereof. This TOS is governed by and shall be construed by the laws of the applicable jurisdiction.
If you enter this TOS on behalf of your employer or other entity, you warrant and represent that you have the full right and authority to do so. If you do not have such authority, you agree that you will be personally liable to Pichunt for any breaches of the terms of this TOS. You hereby grant Pichunt a worldwide, non-exclusive, limited license to use your trademarks in Pichunt’s promotional materials, including a public customer list. Pichunt’s use of your trademarks shall at all times conform to your then-current trademark use policies as made available to Pichunt and shall at all times inure to your benefit. Pichunt further agrees that it will use commercially reasonable efforts to terminate any particular use of your trademark no later than thirty (30) days from the date of receipt by Pichunt of your email request to contact@pichunt.tech. The number of Content downloads available to you is determined by the product you purchase. For this TOS, a day is defined as the twenty-four (24) hour period beginning when your product is purchased. A month is defined as a calendar month beginning on and including the date you purchase your product and ending on that date which is the earlier of (i) the same date as your purchase in the following month or (ii) the last day of the following month. For example, if you purchase a subscription on March 5, it will renew on April 5. If you purchase a monthly subscription on August 31, your subscription will renew on September 30.
Unless otherwise specified in the coupon, any coupon or discount code applied to a purchase hereunder shall apply only to the first payment made with such purchase. Suppose any individual term of this TOS is invalid or unenforceable by any legal or regulatory body of competent jurisdiction. In that case, such finding will be limited solely to such invalid or unenforceable part, without affecting the remaining parts of such individual term or any other part of this TOS, so that this TOS shall otherwise remain in full force and effect.
You expressly agree that any feedback provided by Pichunt or its representatives regarding any questions you may have about this TOS or your use of Content licensed hereunder is solely to interpret this TOS and is not legal advice. Pichunt cannot render legal advice to you and expressly disclaims any liability related to any feedback provided by Pichunt, its representatives, or its partnered sites. It is expressly understood and agreed that this TOS is entered into solely for the mutual benefit of the parties herein and that it intends no benefits, rights, duties, or obligations to third parties.
If you breach any of the terms of this or any other agreement with Pichunt, Pichunt shall have the right to terminate your account without further notice, in addition to Pichunt’s other rights at law and/or equity. Pichunt shall be under no obligation to refund any fees paid by you if your account is terminated because of a breach. Except as expressly outlined in the applicable license and warranties sections, Pichunt grants no rights and makes no further warranties. Pichunt only has model or property releases where expressly indicated on the Pichunt website. Neither Pichunt nor any of its officers, partnered sites, employees, managers, members, shareholders, directors, or suppliers shall be liable to you or any other person or entity for any general, punitive, special, indirect, consequential, or incidental damages, or lost profits or any other damages, costs or losses arising out of your use of the Content, Pichunt’s suggested breach of this agreement, or otherwise, unless expressly provided for herein, even if Pichunt has been advised of the possibility of such damages, costs or losses. Pichunt does not warrant that the content provided by Pichunt partnered websites or other materials will meet your requirements or that use will be uninterrupted or error-free. The entire risk of the content’s quality, performance, and use is solely with you.