Disclaimers and Limitations of Liability

The information on our website is provided on an “as is,” “as available” basis. You agree that your use of our website is at your sole risk. We disclaim all warranties of any kind, including but not limited to, any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that our website will always be available, access will be uninterrupted, be error-free, meet your requirements, or that any defects in our website will be corrected.

If your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the site shall be to discontinue using the site.

Under no circumstances will we be liable or responsible for any direct, indirect, incidental, consequential (including damages from loss of business, lost profits, litigation, or the like), special, exemplary, punitive, or other damages, under any legal theory, arising out of or in any way relating to our website, your website use, or the content, even if advised of the possibility of such damages.

Compliance With Governing Law And Dispute Resolution

You agree to obey all applicable laws while using our website. You agree that the laws of the State of Texas govern these terms and conditions of use without regard to conflicts of laws provisions. You also agree that any dispute between you and us, excluding any intellectual property right infringement claims we pursue against you, shall be settled solely by confidential binding arbitration per the American Arbitration Association commercial arbitration rules. All claims must arbitrated on an individual basis, and cannot be consolidated in any arbitration with any claim or controversy of anyone else. All arbitration must occur in Harris County, Texas, USA. Each party shall bear one half of the arbitration fees and costs incurred, and each party is responsible for its own attorney’s fees.

Severability of These Terms And Conditions

If any part of these terms and conditions of use are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so that the remainder of these terms and conditions are fully enforceable and legally binding.

How to Contact Us

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to contact@pixelita.com, and providing us with information relating to your concern.

You may also mail your concerns to us at the following address: Pixelita Designs, 6601 Sylvan Road, Houston, TX 77023.

Copyright © 2007 Michael E. Young, and licensed for use by Pixelita Designs at blog.pixelita.com. All Rights Reserved. No portion of this document may be copied or used by anyone other than the licensee without the express written permission of Michael E. Young, Esq.