PIXOLOGIE, INC

THE PIX PLAN PROGRAM

TERMS AND CONDITIONS OF ENROLLMENT

 

Welcome to www.ThePixPlan.com.  This website (the "Site") is comprised of various web pages and portal operated by Pixologie, Inc. (“PIXOLOGIE”). The Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Site constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.  

 

The purpose of our Site is to give subscribers access to their username and password, which in turn gives them access to PIXOLOGIE’S The Pix Plan (“Program”). 

 

Program is delivered online through the Site and includes a six module video program, support calls and community for motivation and assistance. You will gain access to the Program through the Site via a private online portal which includes the course modules and lessons, support call recordings and community so you can connect with other members for goal setting, motivation and assistance.

 

What’s Included in the Program

The Program includes the following:

 

• Immediate access to our private online portal including recorded video modules, lessons, forms and handouts
• Immediate access to a private community where you’ll receive support, answers and guidance from Mollie Bartelt, her PIXOLOGIE team and/or other members
• Weekly Group Support Call with Mollie Bartelt and/or one of her PIXOLOGIE team members
• Access to all future updates of the Program
• 100GB of FOREVER Permanent Storage & the Permanent Video Plan

 

Content

The Program content is comprised of:

 

• Program education and information is intended for a general audience and does not purport to be, nor should it be construed as, specific advice, tailored to any individual.
• All videos, handouts, forms are for personal use only and may not be be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of PIXOLOGIE, or its designated agent.
• The information contained in program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.
• We assume no responsibility for errors or omissions that may appear in any program materials.
• User names and passwords may not be shared with any third-parties.

 

Privacy and Confidentiality 

We respect your privacy and must insist that you respect the privacy of fellow Program users.

 

While you are free to discuss your personal results from our Program, you must keep the experiences and statements, oral or written, of all other participants in the strictest of confidence.

 

From time to time, the PIXOLOGIE may wish to share a community post by a user for promotional purposes. While the post may be shared, the user name will be redacted unless prior permission from the user is obtained to share the post.

 

Cost of the Program

The cost of the Program is comprised of the following fees:

 

• Six Month Plan - $799, renews every six months
• Premiere Plan - $2,695, one time fee

We recommend that you purchase FOREVER permanent storage (100GB and the Video Streaming Plan). We are happy to walk you through the process.

Payment of this fee(s) is to be made in full according to the mutually agreed upon terms between the PIXOLOGIE and you.

 

PIXOLOGIE has a “No Refund” policy. No refunds will be granted at any time, or for any reason. All sales are final. We will provide notice of Six Month Plan renewals so participants can have adequate notice to determine if they wish to continue their plan. PIXOLOGIE is committed to delivering a useful course on preserving your photos to enjoy today and to pass on to future generations.

 

Participant Agreement

PIXOLOGIE is not responsible for your participation in the Program. PIXOLOGIE encourages you to participate fully in the Program. You are responsible for your own education through the Program. Completing the Program materials, assignments and assigned activities is integral to your education. When you are in need of support, PIXOLOGIE is available to assist. However, you are to be accountable to complete any materials, assignments and assigned activities to ensure you are getting the full benefit of the Program.

  

Privacy 

Your use of the Site is subject to PIXOLOGIE's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices. 

  

Electronic Communications 

Visiting the Site or sending emails to PIXOLOGIE constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing. 

  

Your account 

If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, smart phone or other online device, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PIXOLOGIE is not responsible for third party access to your account that results from theft or misappropriation of your account. PIXOLOGIE and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. 

  

PIXOLOGIE does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use the Site and Program only with permission of a parent or guardian. 

  

Cancellation/Refund Policy 

You may cancel your subscription to the Program at any time with a 30 day notice. The Program fee(s) is non-refundable, and all sales are final.

  

Links to third party sites/Third party services 

The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PIXOLOGIE and PIXOLOGIE is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PIXOLOGIE is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PIXOLOGIE of the site or any association with its operators. 

  

Any services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that PIXOLOGIE may share such information and data with any third party with whom PIXOLOGIE has a contractual relationship to provide the requested product, service or functionality on behalf of the Site users. 

  

No unlawful or prohibited use/Intellectual Property 

You are granted a non-exclusive, non-transferable, revocable license to access and use the Site and the Program for personal use only and strictly in accordance with these Terms. As a condition of your use of the Site and Program, you warrant to PIXOLOGIE that you will not use the Site or Program for any purpose that is unlawful or prohibited by these Terms. You may not use the Site or Program in any manner which could damage, disable, overburden, or impair the Site or Program or interfere with any other party's use and enjoyment of the Site or Program. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site or Program. The Program and all videos, handouts, forms may not be be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of PIXOLOGIE, or its designated agent

  

All content included as part of the Program, and any software used on the Site, is the property of PIXOLOGIE or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto. 

  

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site or Program. PIXOLOGIE content is not for resale. Your use of the Site or Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PIXOLOGIE and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PIXOLOGIE or our licensors except as expressly authorized by these Terms. 

 

Further, you will not:

• Use the Site or Program to falsely state or misrepresent your identity or affiliation with a person or entity.
• Interfere in any way with any servers or networks used to provide the Site or Program or disregard any rules, requirements, procedures, policies or regulations of the networks used to provide the Site or Program.
• Access the Site or Program without consent of PIXOLOGIE, including, any account, system or network connected to the Site, whether by hacking, password mining or other illicit means.
• Use the Site to post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law.
• Use the Site to post or transmit any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or that is protected by copyright, trademark or other proprietary right, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder.
• Use the Site to post or transmit any information, software or other material that contains a virus or other harmful program, component or the like.
• Use the Site to post, transmit or in any way promote or exploit any information, software or other material for commercial purposes, or that contains advertising.
• Use the Site to advertise or solicit to any third party to purchase or sell products or services, or to make donations of any kind, without the express written consent of PIXOLOGIE.
• Gather for marketing purposes any email addresses or other personal information that has been posted by other users of the Site or Program.

   

International Users 

The Site and Program are controlled, operated and administered by PIXOLOGIE from our offices within the USA. If you access the Site or Program from a location outside the USA, you are responsible for compliance with all national and local laws. You agree that you will not use the PIXOLOGIE Program accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations. 

  

Indemnification 

You agree to indemnify, defend and hold harmless PIXOLOGIE, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable actual attorneys' fees) relating to or arising out of your use of or inability to use the Site or Program, any user postings made by you, your violation of any of these Terms or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PIXOLOGIE reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PIXOLOGIE in asserting any available defenses. 

  

Liability disclaimer 

THE PROGRAM AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. PIXOLOGIE MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE OR PROGRAM AT ANY TIME.  YOUR USE OF THE SITE AND THE PROGRAM IS AT YOUR SOLE RISK.

   

PIXOLOGIE EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION AND CONTAINED ON THE SITE OR IN THE PROGRAM FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION IS PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. PIXOLOGIE HEREBY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, OF ANY KIND OR NATURE, EXPRESS OR IMPLED, WITH REGARD TO THIS INFORMATION, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. 

  

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PIXOLOGIE BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE OR PROGRAM, WITH THE DELAY OR INABILITY TO USE THE SITE OR PROGRAM, THE PROVISION OF OR FAILURE TO PROVIDE PROGRAM, OR FOR ANY INFORMATION OBTAINED THROUGH THE SITE OR PROGRAM, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE OR PROGRAM, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PIXOLOGIE HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IN NO EVENT WILL PIXOLOGIES’ TOTAL LIABILITY TO YOU FOR ANY LL DAMAGES, LOSSES, OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID PIXOLOGIES.

 

BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE OR PROGRAM, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. 

  

Termination/Access Restriction/Governing Law 

PIXOLOGIE reserves the right, in its sole discretion, to terminate your access to the Site and Program or any portion thereof at any time, without notice. To the maximum extent permitted by law, these Terms are governed by the laws of the State of Wisconsin and you hereby consent to the exclusive jurisdiction and venue of courts in Wisconsin in all disputes arising out of or relating to the use of the Site or Program. Use of the Site or Program is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section. YOU AND PIXOLOGIE 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 PROCEEDING. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE SITE OR PROGRAM THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

  

If any part of these Terms are determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms shall continue in effect. 

  

Unless otherwise specified herein, these Terms constitute the entire agreement between you and PIXOLOGIE with respect to the Site and Program, and these Terms supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and PIXOLOGIE with respect to the Site and Program. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that these Terms and all related documents be written in English. 

  

Changes to Terms 

PIXOLOGIE reserves the right, in its sole discretion, to change the Terms under which the Site and Program are offered. The most current version of the Terms will supersede all previous versions. PIXOLOGIE encourages you to periodically review the Terms to stay informed of our updates. 

 

Contact Us 

Please direct questions or comments regarding the Terms: 

 

Email Address: 

[email protected]

 

Telephone number: 

(414) 731-1881  

 

Effective as of Jan 1, 2025

4865-9733-3537, v. 1