Last Updated: March 3, 2026
Table of Contents:
Welcome to Picture in my Head! These Terms of Use (“Terms”) apply to your (“you” or “your”) access and use of the Services. The “Services” collectively include our provision of access to our website at pictureinmyhead.com (the “Website”) and the Picture in my Head mobile application (the “Application”) to you and other persons accessing them for any reason (“Users”); our facilitation of the marketing, purchase and sale, and distribution of products created, manufactured by us, and/or ordered via the Services (“Products”); and the other services provided by us, in our sole discretion, in connection therewith.
Please read these Terms carefully prior to using the Services. By using the Services, including by accessing and/or downloading the Website and Application, you agree to be bound and abide by these Terms and our privacy policy at https://pictureinmyhead.com (the “Privacy Policy”), which explains how we collect, use and disclose your personal information and protect your privacy when using our Services and which is incorporated herein by reference. These Terms form a legally binding agreement between you and Picture in my Head, Inc., a North Carolina corporation (“PIMH” and, alternatively, “we,” “our” or “us”). If you do not agree to these Terms of Use or our Privacy Policy, you must stop using and accessing our Services immediately. In the event that there exists any inconsistency between these Terms and our Privacy Policy, the Privacy Policy shall take precedence.
The Services are offered and available to Users who: (i) are of legal age to enter into these Terms of Use; (ii) are considered legal adults under applicable law; and (iii) may legally use the Services in their jurisdiction of residence. By using the Services, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Services.
We may revise and update these Terms from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding upon you.
Account Registration. Users will need to create an account within our Application to access and use certain Services (a “PIMH Account”). Creating a PIMH Account may require you to submit certain information, including personal information as that term is defined under applicable data privacy laws (“Personal Information”) to us in order to register a PIMH Account. Certain Services may require registration or may otherwise ask you to provide information to participate in certain features or access certain content. Your decision to provide this information is optional, however, if you elect not to provide such information, you may not be able to access certain content or features of the Services.
You acknowledge and agree that any Personal Information submitted to us in connection with the Website or Application, including for registering a PIMH Account, shall be subject to our Privacy Policy. You agree that any information you provide in connection with registering your PIMH Account is accurate and up to date. You are responsible for all activity on your PIMH Account. You may not and will not transfer your PIMH Account to or share your PIMH Account with any other person or entity. You agree to take reasonable precautions in all communications and interactions with other Users and other persons with whom they communicate or interact because of your use of the Services. If we believe that any information you have provided is incorrect, we may prevent you from accessing the Services, terminate or suspend your PIMH Account, or otherwise limit or restrict your use of the Services.
Account Security and Termination. You will be required to establish a password when you create your PIMH Account. You agree that you are solely responsible for maintaining the confidentiality of any information you use in connection with the Services, including protecting your password. If you believe your PIMH Account is compromised, please reset your password and contact our support team at info@pictureinmyhead.com as soon as possible. You may terminate your PIMH Account by selecting that option on the Services or by emailing us at info@pictureinmyhead.com.
User’s Age Restrictions. You must be at least eighteen (18) years old to create a PIMH Account. If you are not at least eighteen (18) years old, please do not use the Services or submit any information to us. To purchase Products or otherwise use the Services, you must be at least eighteen (18) years old or use the Servies/purchase Products with a parent or guardian’s involvement. If you are a parent or legal guardian of a User visiting our Website or Application that is under the age of eighteen (18), you hereby agree to hold this User to these Terms and to hold PIMH harmless if the minor breaches these Terms. By using our Services, you certify that you satisfy the age guidelines and restrictions and your acceptance of these Terms.
Right to Use the Services. Provided you comply with these Terms, and subject to payment of any applicable Fees (as defined herein), we hereby grant you a limited, nonexclusive, revocable, non-assignable, non-transferable, non-sublicensable license to access and use the Services, including the Website and Application. Only Users that agree and abide by these Terms are permitted to use the Services. The license grant provided herein for the Services is for personal use and internal business purposes only.
Use Restrictions. You may not use the Services nor will you permit anyone else to (a) adapt, alter, modify, improve, translate, or create derivative works of any Products or the Services; (b) reverse engineer, decompile, disassemble, or otherwise attempt to reconstruct or obtain the source code to all or any portion of the Website or Application; (c) provide any third party access to or use of the Website or Application including as part of a time-sharing, outsourcing or service bureau environment; (d) transmit any file which contains viruses, worms, Trojan horses or any other contaminating or destructive features, or that otherwise interfere with the operation of the Website or Application; (e) attempt to test the vulnerability of the Website or Application system or network or circumvent any security or authentication measures protecting the Website or Application; or (f) remove any proprietary notices or labels on the Website, Application, in documentation, or on the Products provided by us.
User Content. The Services may permit you to post, enter, upload, publish, submit, or transmit data, information, or other content to or through our Website or Application (including that is sent to us via email or other modes of electronic communication), such as photographs, drawings, descriptions of merchandise or products, as well as reviews, feedback and messages (collectively, “User Content”). You agree that you are responsible for your User Content. We reserve the right to delete, move or edit any User Content posted on the Website or Application for any reason and to not create Products including such User Content in our sole discretion. By using our Services, you agree that any and all User Content that you contribute to the Services:
is owned by you or you hold appropriate license(s) to use such User Content and to allow us to provide our Services and the Products using such User Content;
contains no copyrighted or other protected material owned by others;
contains no misleading, inaccurate, and/or dishonest statements;
does not impersonate another business, individual, or charity;
does not constitute, promote or encourage illegal acts;
does not explicitly or implicitly violate these Terms or any policy posted by PIMH;
does not infringe or violate other’s rights;
contains no content that is discriminatory, obscene, pornographic, defamatory, liable to incite racial hatred, in breach of confidentiality or privacy, which may cause annoyance or inconvenience to others, which encourages or constitutes conduct that would be deemed a criminal offense, give rise to a civil liability, or otherwise is contrary to applicable law;
contains no content that is harmful in nature including, and without limitation, computer viruses, Trojan horses, corrupted data, or other potentially harmful software or data; and
does not victimize an individual or group of individuals with hurtful or hateful language.
In addition to your indemnification obligations in Section 12 below, you agree that you will indemnify, defend and hold harmless the PIMH Parties from any and all third party claims, demands, actions or threat of action (whether in law, equity or in an alternative proceeding) and any Losses incurred by the PIMH Parties as a result thereof, arising from or relating to any use or contribution of User Content to the Website or Application or for use on the Products/Outputs that violates the above User Content requirements or that infringes or misappropriates any third-party rights. We will fully cooperate with any law enforcement authorities or court order requiring us to disclose the identity or other details or any person posting materials to the Application in breach of this Section.
PIMH has the right, but not the obligation, to investigate, pursue, and seek to prosecute, litigate, or refer to law enforcement, violations of these Terms to the fullest extent permissible by the law. We reserve the right, at any time and without prior notice, in accordance with applicable law, to remove or disable access to any content that we, in our sole discretion, consider to be objectionable for any reason, in violation of these Terms, or otherwise harmful to the Services or another User, including deleting, delaying, or refusing to display User Content or develop such User Content to be included on Products, or other merchandise, products or content. If we believe you are abusing the Application in any way or violating these Terms, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your PIMH Account(s) and access to our Services, remove your User Content from the Website or Application, remove or demote the resale of any Products containing your User Content, and take technical and/or legal steps to prevent you from accessing or using our Services.
Payment of Fees. You will pay the fees applicable to your purchase or use of any Products (“Product Fees”) and any other applicable fees (the “Fees”). Unless otherwise indicated, all Fees and other charges are in U.S. dollars, and all payments will be in U.S. currency. You agree to pay Product Fees when incurred, as determined and charged by us from time to time in our sole discretion. Shipping and delivery Fees are separate than the Product Fees and will be shown at checkout when you purchase Products. You acknowledge and agree that failure to make payment of the Fees within the specified timeframe may result in PIMH taking further action to recover the applicable unpaid portion of the Fees, including involving a third-party collection agency. Any such recovery efforts may incur additional costs, which will be added to the unpaid portion of the Fees.
Pricing of Products. We reserve the right to change the pricing of any Products prior to your purchase of such Products in our sole discretion. Products must be purchased in advance, prior to shipment.
Taxes. All Fees are exclusive of any applicable federal, provincial, state, local or other governmental sales, goods and services or other taxes (“Taxes”). You are responsible for all applicable Taxes that arise from or as a result of your subscription or purchase of Products. To the extent that we charge these Taxes, they are calculated using the tax rates that apply based on the billing address you provide to us.
PIMH’s Ownership Rights. The Services, including their text, audio, video, graphics, charts, photographs, interfaces, icons, software, computer code, data, the PIMH Marks (as defined below), documentation, other components and content, and the design, selection, and arrangement of content (the “PIMH IP”), is exclusively the property of PIMH or, as applicable, its suppliers and licensors, and is protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of any trademarks, trade dress, copyrighted materials, or any other intellectual property rights belonging to PIMH or any third party is strictly prohibited and may be prosecuted to the fullest extent of the law. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners. Our trademarks, service marks, name, logos, slogans, the names of products and services, and designs (“PIMH Marks”), including all unregistered trademarks owned by PIMH such as, without limitation, the marks PICTURE IN MY HEAD, PIMH, and our PICTURE IN MY HEAD AI FASHION logo, are the sole property of PIMH. The PIMH IP, including the content on the Website and Application and designs created by PIMH for and included on the Products as Output are solely owned by PIMH. You are hereby granted a limited, revocable right to use PIMH Marks solely to promote your personal use of the Products and our Services unless PIMH has otherwise provided written permission for particular uses of the PIMG Marks. You may not otherwise use, publicly display or prepare derivative works of the PIMH IP, including using PIMH Marks on or in connection with the marketing, sale or distribution of any items, products or services that are not our Products, unless we give you permission in writing.
User Content & Output. Unless indicated otherwise, you own all User Content you provide or upload in connection with the Services. You acknowledge and agree that by providing or uploading any User Content to the Services, you agree to us a worldwide, irrevocable, perpetual, transferable, assignable, royalty-free, fully paid-up right and license, with the right to sublicense, use, view, copy, adapt, modify, reformat, reorganize, translate, excerpt, prepare derivative works of (including, without limitation, incorporating User Content into designs/Output published on the Website and Application, offered, and sold to other Users, individuals, and third parties), distribute, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, store, exploit, and otherwise use and distribute in all media and distribution methods now known or later developed, User Content for purposes of providing the Services, making the Services available to other Users when incorporated into Products and for our business purposes (including for aggregation and analytics and to promote or market the Services). You further acknowledge and agree that we may use your User Content to provide the Services you and other Users request, including to design and manufacture Products, create, publish, and distribute new designs, Output, and Products to other Users, and for training and improving the Services and our artificial intelligence technology as described in Section 8.
As described in additional detail in Section 8, we may utilize artificial intelligence technology in connection with the Services, including to create visual or other digital content generated based on the User Content for use on and in connection with the Products (“Output”). Output includes, but is not limited to, designs generated for use on the Products based on User Content and designs for tags and labels to be featured on the Products or affixed to the Products. PIMH is the exclusive owner of all Outputs, including Outputs that are derivative works or otherwise based upon or that incorporate User Content. PIMH may use and commercialize Outputs for any purpose on a royalty-free basis, including to feature Outputs as PIMH’s featured design of the week on the Services. PIMH may in its sole discretion, but is not required to, contact the User that uploaded User Content featured as part of a specific Output regarding PIMH’s use of such Output as its featured design or otherwise.
Feedback. In the event you provide us with suggestions, comments and/or any other form of feedback regarding the Services (“Feedback”), you acknowledge that any such Feedback shall be treated as non-confidential and shall be exclusively owned by PIMH. You irrevocably assign all right, title, and interest you may have in the Feedback, and waive any moral rights to PIMH and agree we will be free to use the Feedback without giving you any attribution and/or compensation. We are under no obligation to use any Feedback received from you.
PIMH respects the intellectual property rights of others and desires to offer Services and Products that do not contain material that violates the intellectual property rights of others. In accordance with the Digital Millennium Copyright Act (“DMCA”), located at 17 U.S.C. § 512, and other applicable laws (to the extent the DMCA and such other laws apply), we strive to expeditiously remove any infringing material from the Services if we become aware of the same. If you believe in good faith that your intellectual property rights have been infringed through the Services or on a Product, you may notify us by email at info@pictureinmyhead.com with “Notice of Infringement” in the subject line. Please include the following information in the notice:
If we are notified that any User Content or Output infringes a third party’s copyright or other rights, we may in our sole discretion remove such User Content or halt the sale of future Products containing such infringing content or take other steps that we deem necessary, without any prior notification.
You must not use the Services for any purposes that are not expressly permitted. Doing so may violate the intellectual property rights of PIMH and third parties and subject you to liability under applicable law. We reserve the right, but are under no obligation, to take measures to prevent any activities we believe to be a violation of these Terms.
We may utilize our and/or third-party artificial intelligence technology (“AI”) or tools or features that incorporate AI features as part of the Services. We reserve the right to suspend, terminate or discontinue use of AI and or remove or add new AI as part of the Services at any time without notice to you, in our sole discretion.
Our Application allows you to submit User Content to the Application to be processed through AI and create visual or other digital content generated based on the User Content for use on the Products as Outputs. Due to the inherent nature of AI, Outputs may be inaccurate, biased, incomplete, or otherwise unsuitable. PIMH makes no representation or warranty as to the accuracy, reliability, or suitability of any Output. You are solely responsible for reviewing and ensuring that all Outputs are suitable for printing onto the Products and for any User Content that you provide in connection with creating Outputs. You acknowledge and agree that PIMH may use User Content in its sole discretion to train AI, subject to our Privacy Policy.
PIMH shall not be liable for: (i) alleged infringement of third-party rights arising from the User Content or Outputs generated therefrom; (ii) errors, biases, or consequences of using AI in the Services or Outputs; or (iii) any reference to third-party products or services in Outputs. PIMH and applicable third parties and licensors, and not the User, is the owner of all Outputs.
Placing an Order. You warrant that you are authorized to use any credit card or other means of payment that you provide to us through the Services. Providing any inaccurate information is a breach of these Terms and may result in cancellation of your order for any Products. We reserve the right to refuse or cancel an order for any reason including limitations on quantities available for purchase, or problems identified by our credit and fraud avoidance department. If your order is canceled after your credit card (or another applicable payment method) has been charged, we will issue a credit to your credit card (or another applicable payment method) in the amount of the charge. We will attempt to contact you if your order is canceled or if any information is required to accept your order. By confirming your purchase at the end of the checkout process, you agree to pay for the Products, as well as the shipping and handling charges and applicable Taxes.
Shipping and Delivery. Products will be shipped to an address designated by you as long as the address is complete. All transactions are made pursuant to a shipping contract, and, as a result, risk of loss and damage for Products passes to you upon delivery of the Products to the carrier. Shipping times are estimates only and are determined based on the method of shipping chosen when Products are purchased and the destination of the Products. We are not liable for any delay in shipment of Products.
Return of Products. Our Products are custom-made and printed to order, so we are not able to accept returns unless the product is misprinted, incorrect or shows signs of visible damage (each a “Defect”). If your item arrives damaged or doesn’t match what you ordered, we’ll do our best to make it right. Please submit a return request to info@pictureinmyhead.com and include the following: (a) two photos of the Product – one showing the full item and one showing a close-up of the issue; and (b) a brief description of the problem (e.g., “I received the wrong size”). Providing clear photos helps our team quickly verify the issue and determine the next steps. If we’re unable to confirm the issue based on the information provided, we may not be able to approve the request. Any requests for a return must be submitted within thirty (30) days of delivery of the Products to you. We are not responsible for any returns or refunds if there is no Defect on the Product. Defects will be determined in our sole discretion.
WHEN ACCESSING OR USING THE SERVICES, YOU MAY ALSO ENCOUNTER LINKS TO, OR BE USING OR ACCESSING THE SERVICES OF, ONE OR MORE THIRD PARTIES, SUCH AS INTERNET OR PAYMENT SERVICES PROVIDERS OR THIRD PARTY MANUFACTURERS OF THE PRODUCTS. SUCH THIRD PARTIES MIGHT HAVE THEIR OWN TERMS OF USE, AGREEMENTS AND POLICIES WHICH MAY APPLY TO YOU. YOU ACKNOWLEDGE AND AGREE THAT PIMH IS NOT RESPONSIBLE OR LIABLE FOR ANY SUCH THIRD PARTY SERVICES AND TERMS NOR FOR COMPLIANCE WITH THEM. WE STRONGLY ENCOURAGE YOU TO CAREFULLY READ ANY SUCH THIRD PARTY TERMS OF USE AND POLICIES AND MAKE SURE YOU COMPLY WITH THEM.
ALL OF OUR SERVICES, INCLUDING BUT NOT LIMITED TO THE PROVISION OF THE WEBSITE, APPLICATION, OR ANY PRODUCTS ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICES WILL BE PERFORMED ERROR-FREE OR UNINTERRUPTED, THAT WE WILL CORRECT ALL SERVICES ERRORS, OR THAT THE SERVICES WILL ANY OF YOUR REQUIREMENTS OR EXPECTATIONS. WE ARE NOT RESPONSIBLE FOR ANY ISSUES RELATED TO THE COMPATIBILITY, PERFORMANCE, OPERATION OR SECURITY OF THE SERVICES THAT ARISE FROM USER CONTENT OR THIRD-PARTY SERVICES. WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY AND OTHERWISE, CONCERNING OUR SERVICES TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW. THIS WAIVER INCLUDES, BUT IS NOT LIMITED TO ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND ACCURACY OF INFORMATION.
You agree to release, defend, indemnify, and hold harmless PIMH and its directors, officers, employees, agents, and representatives (the “PIMH Parties”) from and against any and all claims, liabilities, demands, complaints, lawsuits, actions, judgments, settlements, damages, losses, fines, liens, penalties, costs, and expenses (including without limitation reasonable legal and accounting fees) (collectively, “Losses”), arising out of or in any way connected with (a) your access to or use of the Services; (b) your violation of these Terms or any other applicable PIMH policy; (c) your submission of information or User Content; (d) your violation of or noncompliance with applicable laws or regulations; or (e) your negligence, willful misconduct, or fraud. We reserve, and you grant to us, the exclusive right to assume defense and control of any matter subject to indemnification by you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT, WARRANTY, STRICT LIABILITY, OR OTHERWISE, WILL PIMH, ITS EMPLOYEES, DIRECTORS, AFFILIATES, LICENSORS, AGENTS, OR OTHER REPRESENTATIVES BE LIABLE TO YOU FOR (A) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY CHARACTER, INCLUDING BUT NOT LIMITED TO LOST REVENUES, PROFITS, LOSS OF GOODWILL, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST CONTENT OR DATA, OR FOR ANY AND ALL OTHER DAMAGES OR LOSSES, EVEN IF A REPRESENTATIVE OF PIMH HAS BEEN ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, OR (B) ANY AGGREGATE DAMAGES, COSTS OR LIABILITIES IN EXCESS OF ONE HUNDRED US DOLLARS ($100.00).
YOU AGREE THAT YOU WAIVE CALIFORNIA CIVIL CODE §1542, AND ANY SIMILAR LAW IN ANY OTHER JURISDICTION, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN PIMH AND YOU. THESE TERMS DO NOT AFFECT CONSUMER RIGHTS THAT CANNOT BY LAW BE WAIVED OR LIMITED.
Except for claims for injunctive relief, any dispute regarding these Terms and all other disputes between us and/or our officers, directors, and employees, on the one hand, and you on the other hand, will be resolved by binding arbitration. The arbitration proceeding shall be conducted by one arbitrator and according to the then-current Commercial Arbitration Rules of the American Arbitration Association (the “AAA”). All arbitration proceedings will be held at AAA’s offices or other suitable offices that we select in the metropolitan area in which PIMH’s principal place of business is then located. The arbitrator shall have no authority to select a different hearing locale. All matters relating to arbitration will be governed by the Federal Arbitration Act (9 U.S.C. §§ 1 et seq.). A demand for arbitration shall be made in writing by you or us and delivered to the other party. The party serving a demand for arbitration must assert in the demand all claims then known to that party on which arbitration is permitted to be demanded. The award rendered by the arbitrator shall be final, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. The arbitrator shall be selected pursuant to the AAA “Arbitrator Select: List and Appointment” process, or if unavailable, a similar process offered by any other nationally recognized alternative dispute resolution organization.
Notwithstanding the foregoing, disputes that relate to the ownership or validity of any of our intellectual property, including PIMH Marks, and other proprietary information shall not be resolved by arbitration, unless consented to by us.
If you are a new User of our Services, you can opt out of this Arbitration provision within 30 days after you first accept these Terms. To opt out, you must send a timely email to info@pictureinmyhead.com with your name, the email address for your PIMH Account, your username and your shop name (if applicable), and a request to opt out of arbitration. If you validly opt out, neither PIMH nor you will be required to arbitrate as a result of this (or any prior version of the) Arbitration provision, however the Terms will continue to otherwise apply to you. Any updates to these Terms do not provide a new opportunity to opt out of arbitration, however if you have already opted out in accordance with this paragraph, it will continue for future versions of these Terms.
In the event of a dispute between you and PIMH that cannot be adjudicated through arbitration, or you have opted out of arbitration in accordance with the above paragraph, you agree that all disputes and related claims shall be construed in accordance with Section 15.2 (Choice of Law and Venue) below.
General Provisions.
Notices. Notices to you may be made via either email or regular mail to the email or mailing address associated with your PIMH Account or provided to us by you when placing any order via our Application. Our mailing address is: 2614 Hazelwood Drive, Raleigh, NC 27608.
Choice of Law and Venue. PIMH is based in the State of North Carolina. As such, all provisions of this Agreement and any questions concerning its interpretation and enforcement shall be governed by the laws of the State of North Carolina, and the federal law of the United States of America, without regard to rules or principles governing conflicts of law. In the event of a dispute between you and PIMH that cannot be adjudicated through arbitration in accordance with Section 14 (Disputes), you agree that jurisdiction for the dispute shall be in a federal or state court with competent jurisdiction located in the Eastern District of North Carolina.
Entire Agreement. These Terms, including the documents referenced herein, constitute the entire agreement between you and PIMH and govern your use of the Services and your PIMH Account, superseding any prior agreements between you and PIMH (including, but not limited to, any prior versions of the Terms).
No Joint Venture or Partnership. PIMH is an independent contractor. PIMH does not appoint you or any other User as its employee or agent, nor do these Terms create any kind of partnership, joint venture, or other form of joint enterprise between you and PIMH. You are not authorized to make any commitments on behalf of PIMH.
Export Laws. We make no representations that the Services of any part thereof, including the Application, is appropriate or may be used or downloaded outside the United States of America. Access to the Services and/or the content thereon may not be legal in certain countries outside the United States of America. If you access the Website or Application from outside the United States, you do so at your own risk and are responsible for compliance with the laws of the jurisdiction from which you access the Website or Application. You agree to strictly comply with all such laws and regulations and acknowledge that you have the responsibility to obtain authorization to export, re-export, or import any data to or from the Website or Application.
Third-Party Websites and Services. The Services may link to, or be linked to, websites and services not maintained or controlled by PIMH. Those links are provided as a convenience and we are not responsible for examining or evaluating the content or accuracy of, and do not warrant or endorse, any third-party website or services or any products or services made available through those websites or services. Please take care when leaving the Services to visit a third-party website or service. You should read and understand the terms of service or use and privacy policy for each website and service that you use.
Jury Trial and Class Action Waiver. YOU AND WE BOTH HEREBY WAIVE ALL RIGHT OR ENTITLEMENT TO TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE THAT ARISES OUT OF OR RELATES IN ANY WAY HERETO OR TO THE SERVICES, INCLUDING THE WEBSITE OR APPLICATION. ANY CLAIM MUST BE BROUGHT IN THE RESPECTIVE PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING (“CLASS ACTION”). THE PARTIES HERETO EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM.
Waiver. The failure of PIMH to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision.
Severability. If any provision, or portion of the provision, in these Terms is, for any reason, held to be invalid, illegal or unenforceable in any respect, then such invalidity, illegality or unenforceability will not affect any other provision (or the unaffected portion of the provision) of the Terms, and these Terms will be construed as if such invalid, illegal or unenforceable provision, or portion of the provision, had never been contained within the Terms.
No Third-Party Beneficiaries. Nothing in these Terms, express or implied, is intended or will be construed to confer upon any person other than you and us any right, remedy or claim under or by reason of these Terms.
Headings. Headings, titles and italicized summaries throughout this document are for convenience and reference only, and in the event of any conflict, the text of the Terms, rather than such headings, titles or italicized summaries, shall control.
Assignment. All the terms and provisions of these Terms will be binding upon and inure to the benefit of the parties hereto and to their respective heirs, successors, permitted assigns and legal representatives. PIMH will be permitted to assign this Agreement without notice to you or consent from you. You will have no right to assign or otherwise transfer these Terms, or any of your rights or obligations hereunder, to any third party without PIMH’s prior written consent, to be given or withheld in PIMH’s sole discretion.
Survival. On termination, all related rights and obligations under these Terms immediately terminate, except that (a) you will remain responsible for performing all of your obligations in connection with transactions entered into before termination and for any liabilities that accrued before or as a result of termination; and (b) in addition any terms herein that by their nature are meant to survive termination, the following Sections of these Terms will survive the termination or expiration of these Terms: Sections 3(Your Use of Our Services), 6 (Ownership Rights), 8 (Artificial Intelligence (“AI”) Usage), 11 (Warranty Disclaimer), 12 (Your Indemnification Obligations), 13 (Limitation of Liability), 14 (Disputes), and 15 (General Provisions).