Terms of Use

1. Introduction; Acceptance. These Terms of Use are between you and Parallax Visual Communication, DBA thinkPARALLAX, Inc., a California corporation with its place of business at 555 Second Street, Unit 1, Encinitas, California 92024 (collectively, “Company”, “we”, “us” or “our”). “You” means you in your individual capacity.  If you are acting for an entity, “you” means you individually and the entity on whose behalf you are acting.  In the event you are acting for an entity, you represent and warrant that you are authorized to act for such entity.  Subject to Section 2, this Terms of Use sets forth the terms and conditions upon which we make available our website at https://www.thinkparallax.com/,  and all associated contents and offerings to you (the “Site”). Please note the Terms of Use govern only the Site, not any other website, application, or services.  
2. Please note that additional terms will govern your access to our services if we choose to enter into such an agreement with you.
3. Modifications to Terms of Use.  The Terms of Use are subject to change by Company, in Company’s sole discretion, without prior written notice at any time. Any changes to these Terms of Use will be in effect as of the effective date noted at the top of the Terms of Use as published on this Site. You should review the Terms of Use prior to using the Site. To the extent permitted by applicable law, your continued use of this Site after such effective date will constitute your acceptance of and agreement to such changes.
4. Permission to Use the Site; Limitations on Use of the Site.  Subject to your acceptance and to Section 2, and while you remain in compliance with the Terms of Use, we grant you a limited, revocable and terminable, non-exclusive, non-transferable license to use the Site solely and exclusively for your own personal use (including the internal use of the entity that you represent) and not for any other purpose, such as, but not limited to, distribution or resale of the information contained on the Site to others or acting as a service bureau or data center for others. If, and for your personal use only, you need to print a copy of any information, you may print one copy.  You agree and understand that the content on the Site is our intellectual property and we are licensing its use to you provided that and subject to your compliance with these Terms of Use.
5. Prohibited Activity.  You agree that you will not: (a) access or attempt to access the Site or any part thereof that you are not authorized to access or through any means that you are not authorized to use; (b) disrupt or interfere with the security of, or otherwise cause harm to the Site, systems, resources, accounts, passwords, servers or networks connected to or accessible through the Site or any affiliated or linked websites or access or use the Site in any manner that could damage, disable, overburden, or impair any server or network used by us in connection with the Site; (c) use the Site to transmit any information of a sensitive nature, such as health information, social security numbers, credit card numbers (other than, as strictly allowed), or any other information that, if generally exposed, could lead to identity theft, financial fraud, embarrassment, or other harm; (d) use the Site in any manner that infringes upon or violates any intellectual property rights or other rights or interest of any party or otherwise constitutes pornography, defamation, harassment, bullying, predatory behavior, false and deceptive advertising, or hate speech; (e) submit any software, programs, or files via the Site that are harmful or disruptive of another’s equipment, software, or other property, including any corrupted files, time bombs, Trojan Horses, viruses, and worms; (f) disrupt, interfere with, or inhibit any other user from using and enjoying the Site or other websites; (g) violate any applicable laws or regulations related to the access to or use of the Site, and/or engage in any activity prohibited by the Terms of Use; (h) compile, use, download, or otherwise copy any materials available on the Site (except as expressly permitted), or transmit, provide, or otherwise distribute (whether or not for a fee) such materials to any third party; (i) use, or allow anyone else to use, any robot, spider, or other such programmatic or automatic device, including but not limited to automated dial-in or inquiry devices, to obtain information from the Site or otherwise monitor or copy any portion of the Site; (j) frame, mirror, or use framing techniques on any part of the Site without our express prior written consent; (k) make any use of, or allow anyone else to make any use of, data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing the Site, or any portion thereof, or otherwise scrape, collect, store, or use the Site, except pursuant to the limited license granted by the Terms of Use; (l) modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or (m) remove any copyright, trademark, or other proprietary rights notice from the Site.  These examples of prohibited conduct are illustrative and are not exhaustive.   
6. TO THE MAXIMUM EXTENT AUTHORIZED BY LAW WE RESERVE THE RIGHT, BUT DISCLAIM ANY OBLIGATION WHATSOEVER, TO MONITOR OUR SITE AND YOUR COMPLIANCE WITH THIS SECTION AND WITH THE TERMS OF USE AS A WHOLE.
7. Intellectual Property.  
   1. You acknowledge that we own all right, title and interest, including all intellectual property rights, in and to the Site. For the avoidance of doubt, our intellectual property includes our trademarks. We expressly reserve all rights not explicitly granted.  
   2. Our trademarks may not be used in any manner (including in “meta-tags” or “hidden text”) without our prior written approval. All content included on the Site, such as text, graphics, images, audio clips, video, data, music, software, and other material is owned by us or our suppliers or licensors and is protected by copyright or other proprietary rights. Any unauthorized use of these materials may violate trademark, copyright or other laws and is prohibited.
8. Representations and Warranties; Disclaimer. 
   1. YOU ACKNOWLEDGE AND AGREE THAT THE SITE AND ANY CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS AND COMPANY DOES NOT MAKE, AND HEREBY SPECIFICALLY DISCLAIMS, AND YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE NOT RELIED ON, ANY REPRESENTATIONS, ENDORSEMENTS, GUARANTEES, OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS, OR ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE. COMPANY MAKES NO WARRANTY OF ANY KIND THAT THE SITE OR SOFTWARE OR ANY ANALYSIS, INFORMATION, REPORTS OR RESULTS OF THE USE THEREOF, WILL MEET YOUR OR ANY OTHER PERSON'S REQUIREMENTS, OPERATE WITHOUT INTERRUPTION, ACHIEVE ANY INTENDED RESULT, BE COMPATIBLE OR WORK WITH ANY SOFTWARE, SYSTEM OR OTHER SERVICES, OR BE SECURE, ACCURATE, COMPLETE, FREE OF HARMFUL CODE, OR OTHERWISE ERROR-FREE.

  

2. YOU UNDERSTAND AND AGREE THAT ALL DISCLAIMERS ARE MADE FOR OUR BENEFIT AND THE BENEFIT OF OUR SUPPLIERS.

3. THE SITE IS OFFERED AND PROVIDED FOR INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE ADVICE ON STRATEGY, REPORTING, AND COMMUNICATIONS FOR SUSTAINABILITY STRATEGY AND COMMUNICATION. THE SITE IS INTENDED SOLELY AS RESOURCE FOR USE BY COMPANIES LOOKING TO AMPLIFY THEIR POSITIVE IMPACT IN SUSTAINABILITY GENERALLY.  THE INCLUSION OF BRAND NAMES OF CERTAIN COMPANIES THAT HAVE WORKED WITH DOES NOT CONSTITUTE ENDORSEMENT BY COMPANY. THE SITE MAY PROVIDE LINKS TO OTHER SITES ON THE INTERNET FOR YOUR CONVENIENCE. THESE OTHER SITES ARE MAINTAINED BY THIRD PARTIES OVER WHICH COMPANY EXERCISES NO CONTROL. THE APPEARANCE OF ANY SUCH THIRD-PARTY LINKS IS NOT INTENDED TO ENDORSE ANY PARTICULAR COMPANY OR PRODUCT. IF YOU DECIDE TO ACCESS ANY OF THE THIRD-PARTY SITES LINKED TO FROM THE SITE, YOU DO SO ENTIRELY AT YOUR OWN RISK.  WITHOUT LIMITING THE FOREGOING, NEITHER COMPANY NOR ANY CONTRIBUTING AUTHOR, EDITOR, LICENSOR, OR SUPPLIER SHALL BE LIABLE FOR ANY DAMAGES ARISING FROM ANY ERRORS OR OMISSIONS IN ANY INFORMATION FOUND ON SITE OR FROM THE USE OF ANY INFORMATION FOUND ON THIS SITE. 

4. COMPANY DOES NOT WARRANT THAT INFORMATION PROVIDED BY THE SITE WILL NOT CONTAIN INACCURACIES, DISINFORMATION OR OMISSIONS OR THAT SUCH INFORMATION IS IN ANY WAY COMPLETE OR THAT IT WILL NOT REQUIRE MODIFICATION, DEVELOPMENT, ADJUSTMENT OR CONTEXTUALIZATION AS APPLIED TO SPECIFIC CIRCUMSTANCES.

5. TO THE EXTENT PERMITTED BY LAW AND WITHOUT LIMITING THE FORCE OF ANY DISCLAIMERS CONTAINED ELSEWHERE IN THIS AGREEMENT OR OTHERWISE EXPANDING ANY RESPONSIBILITY NOT OTHERWISE PROVIDED FOR HEREIN, IN NO EVENT, SHALL THE TOTAL AGGREGATE DAMAGES OR OTHER MONETARY LIABILITY OR RELIEF REQUIRED OF COMPANY (AND/OR ANY OF ITS LICENSORS, SUPPLIERS, AND/OR AFFILIATES OR OF ANY OF ITS OR THEIR EMPLOYEES, DIRECTORS, OFFICERS, MEMBERS, MANAGERS AND AGENTS (ALL SUCH INDIVIDUALS AND ENTITIES REFERRED TO AS “RELATED PARTIES”)) FOR CLAIMS UNDER OR IN CONNECTION WITH THIS AGREEMENT OR OTHERWISE RELATING TO OR ARISING OUT OF THE USE, PURCHASE, OR LICENSING OF THE SITE  (INCLUDING BUT NOT LIMITED TO WITH RESPECT TO ANY INFORMATION ACCESSED BY USING THE SITE), REGARDLESS OF THE FORM OF ACTION (AND WHETHER UNDER CONTRACT, TORT OR OTHER THEORY OF LIABILITY), EXCEED $150. CUSTOMER FURTHER AGREES THAT COMPANY AND ITS RELATED PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OR FOR THE LOSS OF PROFIT, REVENUE, OR DATA WHETHER THE CLAIM FOR SUCH DAMAGES IS BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY, AND EVEN IF COMPANY AND/OR SUCH RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH POTENTIAL LOSS OR DAMAGE. TO THE EXTENT APPLICABLE LAW DOES NOT PERMIT THIS LIMITATION ON LIABILITY AND DAMAGES, THE RELATED PARTIES’ LIABILITY AND EXPOSURE TO DAMAGES WILL BE LIMITED TO THE MAXIMUM EXTENT ALLOWED BY LAW.
8. Submissions.  By submitting any comment, idea, suggestion, response to questionnaires, or other material to the Site, you grant Company a perpetual, non-exclusive, fully-paid, royalty-free, irrevocable, sub-licensable, worldwide license and right to display, use, perform, reproduce, modify, distribute, and create derivative works of such material or information submitted in any media, software, or technology of any kind now existing or developed in the future.  By providing any such material or information, you represent and warrant that public posting and use of such material or information by Company will not infringe on or violate the rights of any third party. 
9. Indemnification. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS ARISING FROM YOUR USE OF THE SITE (EXCEPT FOR CLAIMS RESULTING DIRECTLY AND EXCLUSIVELY FROM OUR VIOLATION OF LAW OR TORTIOUS CONDUCT), INCLUDING BUT NOT LIMITED TO ANY CLAIM ARISING FROM ANY BREACH BY YOU OF ANY REPRESENTATION, WARRANTY, OR OTHER TERM OF THE TERMS OF USE, OR FROM YOUR VIOLATION OF LAW.  
10. Force Majeure.  Company shall not be in default because of its delay or failure to deliver or perform resulting, in whole or in part, from: (i) any embargoes, seizures, acts of God, fire, flood, insurrections, war, terrorist threats, riots, civil unrest, national emergencies, invasions, revolution,  or the adoption or enactment of any law, ordinance, regulation, ruling or order, or (ii) the lack of usual means or transportation, fires, floods, explosions, pandemics, epidemics, quarantines, shelter-in-place orders or policies imposed by any governmental unit or any employer, strikes, lockouts, other labor disputes, telecommunications or power outages, or any other accidents, contingencies, or events, at Company’s or its supplier’s facilities or elsewhere (whether or not beyond Company’s control) which interfere with, or render substantially more burdensome, Company’s delivery or performance.  
11. Governing Law and Jurisdiction/Disputes.
    5. Choice of Law.  The Terms of Use and any dispute between the parties arising under or relating thereto shall be governed, construed and enforced under the laws of the State of California including, except as provided herein. 
    6. Jurisdiction.  THE COURTS OF CALIFORNIA SHALL HAVE EXCLUSIVE JURISDICTION OVER THE PARTIES AND THE CLAIMS ARISING UNDER OR RELATED TO THE TERMS OF USE. The parties stipulate to the convenience of California courts as to all litigation. Any declaration of unenforceability of a provision shall be as narrow as possible and shall not affect the enforceability of the other provisions of the Terms of Use. 
    7. Limitations of Actions.  Any proceeding by you for breach of the Terms of Use or any other right against Company arising from or in connection with your use of the Site cannot be filed nor maintained unless it is commenced within one year after the cause for action has accrued. 

Waiver of Jury Trial.  TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY FOR ANY LEGAL ACTION ARISING OUT OF OR RELATING TO THE TERMS OF USE.   

Class Actions and Other Representative Proceedings.  TO THE MAXIMUM EXTENT AUTHORIZED BY LAW, WE EACH IRREVOCABLY AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, MASS ACTION OR REPRESENTATIVE ACTION, AND THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE A CLASS ACTION OR SEEK RELIEF ON A CLASS BASIS. 

Irreparable Harm; Other Relief. You agree and acknowledge that, if you breach any provision of these Terms of Use, either directly or indirectly, monetary damages may not afford Company an adequate remedy, and irreparable harm may be presumed. Accordingly, Company shall be entitled to seek an injunction against any such breach by you without the need of posting bond.

Assignment. You shall not and may not assign your right or delegate your duties hereunder or any interest herein without the prior written consent of Company, and any such assignment, delegation, without such consent, shall be void. Company may assign the Terms of Use and all of its rights and obligations thereunder.  

No Waivers. The failure by us to enforce any right or provision of the Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Company.

Notices.

5. To You. To give you notice under these Terms of Use, Company, in its sole discretion, will do so by: (i) sending a message to the e-mail address you provide to us or (ii) posting to the Site. Notices sent by e-mail will be effective when we send the e-mail and notices we provide by posting to the Site will be effective upon posting. It is your responsibility to keep your e-mail address current and to review the Terms of Use periodically.
6. To Us. To give us notice under these Terms of Use, you must contact us as follows: by personal delivery, overnight courier or registered or certified mail to Company at: thinkPARALLAX, Inc. at 555 Second Street, Unit 1, Encinitas, California 92024. We may update the address for notices to us by posting a notice on the Site. Notices provided by personal delivery will be effective immediately. Notices provided by overnight courier will be effective one business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

Electronic Version.  It is agreed that a printed version of this Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Severability. If any provision of these Terms of Use is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms of Use and will not affect the validity or enforceability of the remaining provisions of these Terms of Use.

Entire Agreement. These Terms of Use will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Use.

Electronic Version.  It is agreed that a printed version of this Terms of Use and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

DMCA Requests     In these cases, the DMCA infringement notification (including any personal identifying information set forth in the Notifications) will be forwarded as submitted to us without any deletions Please submit all DMCA requests to:

Parallax Visual Communication, DBA thinkPARALLAX, Inc., located at 555 Second Street, Unit 1, Encinitas, California 92024. Below is the name and address of our designated agent for copyright infringement issues.

PLEASE NOTE, some of our customers may search for us or identify us with our website address: https://www.thinkparallax.com/ 

Our designated agent for notice of copyright infringement can be reached at:

Agent: Office Manager

Address: 555 Second Street, Unit 1, Encinitas, California 92024

Phone number: 760-634-0273

Email address: admin@thinkparallax.com