Please Read Carefully Before Using This Website:
A. TERMS APPLICABLE TO ALL USERS
3. Intended Users
The Website is directed to those individuals and entities located in the United States. It is not directed to any person or entity in any jurisdiction where (by reason of nationality, residence, citizenship or otherwise) the publication or availability of the Website and its content, including its products and services, are unavailable or otherwise contrary to local laws or regulations. If this restriction applies to you, you are not authorized to access or use any of the information on this Website. PictureItSettledmakes no representation that the content on the Website is appropriate or that its products and services are available outside of the United States. Those who choose to access this Website from other locations do so at their own risk and are responsible for compliance with applicable local laws.
4. Scope of Use
(i) remove any trademarks, copyright notices, patent notices, or any other notice contained in any Site Content;
(ii) reproduce, download (other than page caching), modify, publish, distribute, transmit, disseminate, broadcast, transfer, license, sell, rent, lease, adapt, create derivative works based upon, publicly display or perform, or in any way exploit any Site Content without PictureItSettled’sprior written consent;
(iii) frame or utilize framing techniques to enclose any Site Content or create a link to the Site Content without PictureItSettled’sprior written consent;
(iv) disassemble, decompile or reverse engineer any of the Site Content;
(v) attempt to hack any portion of the Website, or to defeat or overcome any encryption technology or security measures implemented by PictureItSettled;
(vi) systematically retrieve, archive, compile, or store the Site Content;
(vii) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
(viii) interfere with or disrupt the operation of the Website or the servers or networks connected to, or operated in connection with, the Website; or
(ix) intentionally or unintentionally violate any applicable local, state, national or international law including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
5. Anonymity of Case Information
6. Intellectual Property
Unless otherwise noted, all patents, copyrights, trademarks, service marks, trade secrets, and other intellectual property and proprietary rights related to or associated with the Site Content and all methods, methodologies, procedures, processes, know-how, software, algorithms, techniques, and other technology (the “Technology”) displayed, used, or incorporated on the Site are owned by PictureItSettled or its licensors. The Site Content, including the “look and feel” of this Site, e.g., the organization and layout, page headers, custom graphics, button icons, and scripts of this Site, are protected by United States and international copyright laws and treaty provisions and may not be copied, imitated or used, in whole or in part, without the prior written consent of PictureItSettled. Any printout of this Site, or portions of the Site, must include PictureItSettled’s copyright and other proprietary notices. No right, title or interest in any of the materials contained on this Site or any intellectual property is transferred to you as a result of accessing, downloading or printing such materials.
You further agree that you will not use PictureItSettled’s trademarks in any manner that might tarnish, disparage, or reflect adversely on such trademarks or PictureItSettled. You agree that you will not contest or otherwise challenge, i.e., in any legal action or otherwise, or assist or encourage any other person or entity to contest or challenge, the validity of any of PictureItSettled’s trademark rights. You agree that you will not use any PictureItSettled trademark or any variant thereof, including misspellings, as a domain name or as part of a domain name regardless of the top-level domain, or as a meta tag, keyword, or any other type of programming code or data. You may not at any time adopt or use, without PictureItSettled’s prior written consent, any word or mark which is similar to or likely to be confused with PictureItSettled’s trademarks.
All other trademarks, product names, and company names or logos used or appearing on the Website are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise, does not constitute or imply endorsement, sponsorship or recommendation thereof by PictureItSettled, unless expressly so stated.
You may not link to this Website without PictureItSettled’s written permission. If you are interested in linking to this Website, please contact don.philbin@PictureItSettled.com.
8. No Unlawful or Prohibited Use
Gathering email addresses from the Website through harvesting or automated means is prohibited. Posting or transmitting unauthorized or unsolicited advertising, promotional materials, or any other forms of solicitation to other Users is prohibited. Inquiries regarding a commercial relationship with the Websiteshould be directed to: don.philbin@PictureItSettled.com.
10. No Warranties
THE WEBSITE AND ALL PRODUCTS, SERVICES, AND RELATED SITE CONTENT CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE ARE PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, SYSTEMS INTEGRATION, ACCURACY, TITLE, AND NON-INFRINGEMENT, ALL OF WHICH PICTUREITSETTLEDEXPRESSLY DISCLAIMS. PICTUREITSETTLEDDOES NOT ENDORSE AND MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, OR RELIABILITY OF THE WEBSITE OR THE SITE CONTENT, AND PICTUREITSETTLEDWILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE WEBSITE OR ANY SITE CONTENT. WE HAVE NO DUTY TO UPDATE THE SITE CONTENT. PICTUREITSETTLEDMAKES NO REPRESENTATIONS OR WARRANTIES THAT USE OF THE WEBSITE OR SITE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE. YOU ARE RESPONSIBLE FOR ANY RESULTS OR OTHER CONSEQUENCES OF ACCESSING THE WEBSITE AND USING THE SITE CONTENT, AND FOR TAKING ALL NECESSARY PRECAUTIONS TO ENSURE THAT ANY SITE CONTENT YOU MAY ACCESS, DOWNLOAD OR OTHERWISE OBTAIN IS FREE OF VIRUSES OR ANY OTHER HARMFUL COMPONENTS. THIS WARRANTY DISCLAIMER MAY BE DIFFERENT IN CONNECTION WITH SPECIFIC PRODUCTS AND SERVICES OFFERED BY PICTUREITSETTLED. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IN SUCH STATES, PICTUREITSETTLED’SLIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
11. Governing Law, Location and Miscellaneous
12. Separate Agreements
13. DMCA Copyright Policy and Copyright Agent
PictureItSettledrespects the intellectual property rights of others. If you believe something on this Site has infringed your intellectual property rights, please notify our agent and provide the following information:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled.
(iv) Address, telephone number, and, if available, an electronic mail address where we may contact you.
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Site’s Copyright Agent can be reached at:
Donald R. Philbin, Jr.
P.O. Box 12367
San Antonio, Texas 78212
14. U.S. Resident
You represent that you are a United States resident.
15. No Professional Advice
The information available on the Website is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. You should not construe this as legal, accounting or other professional advice. This Website is not intended for use by minors. This Site does not create an attorney-client relationship between you and PictureItSettled, nor is it intended to do so. Please do not act or rely on any Site Content.
YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS WEBSITE IN CONSULTATION WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISORS, AS APPROPRIATE.
16. User Disputes
You are solely responsible for your interactions with other users. PictureItSettledreserves the right, but has no obligation, to monitor disputes between you and other users. You will not hold PictureItSettled responsible for other users’ actions or inactions, including information or comments posted by such users.
The Federal Arbitration Act shall govern all arbitration proceedings under this Agreement. This Agreement shall in all other respects be governed and interpreted by the laws of the State of Texas (including all Texas statutes of limitation or repose that would be applicable to all claims subject to this arbitration as if all claims were filed in a Texas court but excluding any conflicts or choice of law rule or principles that might otherwise refer construction or interpretation of this agreement to the substantive law of another jurisdiction). The arbitration shall be held in Bexar County, Texas.
YOU AND PICTUREITSETTLED MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR INDIVIDUAL OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings of more than one person’s claims, and may not otherwise preside over any form of representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
All information relating to or disclosed by any party in connection with the arbitration of any disputes hereunder shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and confidential. Such information shall not be disclosed by any party or their respective representatives without the prior written authorization of the party furnishing such information. Such information shall not be disclosed by the arbitrator without the prior written authorization of all parties. Each party shall bear the burden of its fees and expenses incurred in connection with any arbitration proceedings. The prevailing party, according to the arbitrator’s final award, shall be entitled to an award of reasonable attorney’s fees.
Judgment upon the award returned by the arbitrator may be entered in any court having jurisdiction over the parties or their assets or application of enforcement, as the case may be. Any award by the arbitrator shall be the sole and exclusive remedy of the parties. The parties hereby waive all rights to judicial review of the arbitrator’s decision and any award contained therein.
YOU ACKNOWLEDGE AND AGREE THAT YOUR SOLE REMEDY FOR ANY PROBLEMS OR DISSATISFACTION WITH THE WEBSITE IS TO TERMINATE YOUR ACCOUNT AND DISCONTINUE USE OF THE WEBSITE.
18. Limitation of Liability
YOUR USE OF THE WEBSITE AND SITE CONTENT IS AT YOUR OWN RISK. PICTUREITSETTLEDSPECIFICALLY DISCLAIMS ANY LIABILITY, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO, USE OF OR RELIANCE ON THE WEBSITE OR SITE CONTENT (EVEN IF PICTUREITSETTLEDHAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) OR THAT ARISE IN CONNECTION WITH MISTAKES OR OMISSIONS IN, OR DELAYS IN TRANSMISSION OF, INFORMATION TO OR FROM THE USER, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, INTERRUPTIONS IN TELECOMMUNICATIONS CONNECTIONS TO THE WEBSITE OR VIRUSES, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, THEFT OR DESTRUCTION OF, OR UNAUTHORIZED ACCESS TO THE WEBSITE OR THE SITE CONTENT. To the extent you allege or assert any damages associated with use of the WEBSite OR SITE CONTENT which are not excluded by the foregoing, then PictureItSettled’s liability (and that of its agents, licensors, or service providers) for such damages shall not exceed one hundred dollars ($100.00). THIS LIMITATION OF LIABILITY MAY BE DIFFERENT IN CONNECTION WITH OTHER SPECIFIC PRODUCTS AND SERVICES OFFERED BY PICTUREITSETTLED. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY, SO THIS LIMITATION MAY NOT APPLY TO YOU.
The term of this Agreement shall commence upon your first use of the Website, and shall continue until PictureItSettled ceases to operate the Website. PictureItSettled shall not have any ongoing obligation to provide the Website; thus, PictureItSettled may cease to operate the Website at any time and for any reason.
PictureItSettled may assign this Agreement and its rights and obligations hereunder to an affiliated company or, in the event of a merger or acquisition of PictureItSettled or the sale of substantially all of PictureItSettled’s assets related to the services being provided to you, to the surviving or successor entity with reasonable notice to you. You may not assign this Agreement or the rights and obligations hereunder without the prior written consent of PictureItSettled.
B. ADDITIONAL TERMS APPLICABLE TO REGISTERED USERS and submitters of USER SUBMITTED CONTENT
22. Accounts and Security
PictureItSettleddoes not warrant that the functions contained in the services provided by the Website will be uninterrupted or error-free, that defects will be corrected or that the services or the server that makes it available will be free of viruses or other harmful components.
As part of the registration process, each user will select a password (“Password”) and Login Name (“Login Name”). You shall provide PictureItSettled with accurate, complete, and updated account information. Failure to do so shall constitute a breach of this Agreement, which may result in immediate termination of your account. You may not:
(i) select or use a Login Name of another person with the intent to impersonate that person;
(ii) use a name subject to the rights of any other person without authorization;
(iii) use a Login Name that PictureItSettled, in its sole discretion, deems inappropriate or offensive; or
(iv) allow any other party to use your account information to access the Website.
You should take measures to maintain and preserve the confidentiality of the Password associated with your account. You shall notify PictureItSettled of any known or suspected unauthorized use(s) of your account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your Password. PictureItSettled shall not be liable for any losses that may result from any unauthorized use of your account or failure to maintain appropriate confidentiality measures. You shall be solely responsible for maintaining the confidentiality of your Password.
Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at PictureItSettled’s sole discretion, and you may be reported to appropriate law-enforcement agencies.
23. User Submitted Content
(i) is fraudulent, misleading, inaccurate, unlawful, harmful, abusive, defamatory, threatening, vulgar, obscene, harassing, invasive of another’s privacy, hateful, or otherwise objectionable;
(ii) constitutes (or encourages conduct that would constitute) a criminal offense, gives rise to civil liability or otherwise violates any local, state, national or international law, regulation or standard of conduct;
(iii) contains a virus, worm, Trojan horse, backdoor, disabling code, malicious script, or any other harmful component;
(iv) incorporates copyrighted, trademarked, patented, or other proprietary materials of any third party without that party’s permission;
(v) contains information that you do not have a right to make available under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); or
(vi) constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation.
The Website may contain certain areas which are not moderated or reviewed by PictureItSettled, such as forums, bulletin boards, or social network commentaries. Accordingly, Users will be held directly and solely responsible for User Submitted Content posted in such areas. While not actively moderating such areas, PictureItSettled may periodically perform an administrative review for the purpose of deleting User Submitted Content that is old, has received few responses, is off topic or irrelevant, serves as an advertisement or seems otherwise inappropriate. PictureItSettledhas full and sole discretion to delete any User Submitted Content at any time without notice. PictureItSettledreserves the right (but is not obligated) to do any or all of the following:
(iv) Monitor, edit, or disclose any User Submitted Content on the Website.
(v) Edit or delete any User Submitted Content posted on the Website, regardless of whether such User Submitted Content violates these standards.
PictureItSettledreserves the right to take any action it deems necessary to protect the personal safety of its users or the public. PictureItSettledhas no liability or responsibility to users of the Website or any other person or entity for performance or nonperformance of the aforementioned activities.
24. Subscription Fees and Refund Policy
PictureItSettled may, in its sole discretion, add, delete, or change any of the services provided or fees charged. No advance notice is required for any prospectively-effective change in services offered or fees charged therefor. Unless otherwise provided by law, all charges and subscription fees are non-refundable unless stated otherwise.
Without limiting the foregoing, PictureItSettled may cease to provide your account in the event of: (i) any dispute or termination of PictureItSettled’s relationship with you; (ii) any dispute concerning ownership or control of your account; or (iii) use of your account in a manner that PictureItSettled, in its sole discretion, considers improper or unacceptable. Sections 3-11, 15-19, 21, and 22-24 shall survive termination of this Agreement.
26. How to Contact Us
Donald R. Philbin, Jr.
Picture It Settled, LLC
P.O. Box 12367
San Antonio, Texas 78212