The following Terms of Use, together with any documents they expressly incorporate by reference (collectively, these or the “Terms of Use” or “Terms”) is a legal agreement between you and Fay Projects, LLC (“Company,” “we,” or “us”), the owner and developer of https://www.pipsomatic.com/ (the “Website”), and governs your access to and use of the Website, including any resources, materials, documents, data, information, content, programs, products or services (“Contents”) offered on or through the Website, whether as a potential client, client, guest, visitor, or registered user.

 

Please carefully read these Terms before you access the Website or any Contents.  By accessing or using the Website or its Contents, or by clicking or checking to agree to these Terms, you understand and agree to these Terms.  IF YOU DO NOT AGREE TO THESE TERMS INCLUDING ANY AGREEMENTS INCORPORATED BY REFERENCE, YOU MUST NOT USE OR ACCESS THE WEBSITE OR ITS CONTENTS.  Your use shall constitute and be deemed your unconditional acceptance of these Terms of Use.

 

1. Modifications to the Terms of Use

 

These Terms of Use may be modified at any time by the Company without prior notice upon posting of the modified Terms of Use.  Accordingly, you should visit the Website and review the Terms of Use periodically to determine if any changes have been made.  Your continued use of this Website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.  You can view the most recent version of these terms at any time here.

 

1. Privacy and Use of Information.

 

Your access and use of the Website and its Contents is also governed by our Privacy Policy, which is hereby incorporated into these Terms of Use by reference.  Please review our Privacy Policy here, which informs you of our data collection practices.  The Company reserves the right, and you authorize us, to use and assign all information regarding Website and Contents uses by you and all information provided by you in any manner consistent with our Privacy Policy.

 

1. Disclaimers

 

For Your Personal Educational and Informational Purposes Only. The Website and any Contents provided by the Company or Company’s subsidiaries, affiliates, agents, officers, owners, directors, employees, contractors, advisors, licensees, and assigns (the “Company’s Related Entities”) are for your own personal informational and educational purposes only, and are NOT legal, medical, nursing, health, financial, tax, accounting, or any other professional advice.

 

No Medical Advice.  Nothing available on or through the Website or its Contents are a recommendation that you should not consult with a medical or health professional to address your particular information and situation.  The Company and the Company’s Related Entities shall not be held liable or responsible for any errors or omissions or for any damage you may suffer as a result of failing to seek competent medical or health advice from a professional who is familiar with your situation.

 

Errors and Omissions. This Website (including its Contents) is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, up to date, or free of errors.  By accessing the Website, you accept responsibility for any potential harm or damage suffered for the use or non-use of the Website and its Contents and agree to use your best judgment and conduct due diligence to verify all information and Contents before taking any actions based on the information provided on or through the Website.  You agree that neither the Company nor the Company’s Related Entities shall be liable for any errors or omissions relating to Website or its Contents.

 

No Guarantees as to Outcomes, Confidentiality or Accuracy.  Information sent via Internet, e-mail, or through the Site is not secure and is done so on a non-confidential basis.  The Company may make reasonable efforts to keep communications private, but because of the nature of Internet communications and the absence of an attorney/client relationship, we cannot promise or guarantee confidentiality.

 

Third-Party References.  The Company and the Company’s Related Entities are not responsible, in any manner whatsoever, for the acts, omissions, or Contents of third parties that are featured or mentioned on the Website.  The Company and the Company’s Related Entities do not guarantee the accuracy or veracity of any Contents of third parties that are featured or mentioned on the Website.-

 

1. Ownership

 

All Contents included on this Website are and shall continue to be the property of the Company or its Contents suppliers and is protected under applicable intellectual property, trademark, copyright, patent, design, publicity and other proprietary rights. Any copying, redistribution, adaption, modification, use or publication by you of any such Contents or any part of the Website is prohibited, except as expressly permitted in these Terms of Use.  Under no circumstances will you acquire any ownership rights or other interest in any Contents by or through your use of this Website or the Contents.

 

1. Age Restriction

 

This Website and its Contents are for adults only and not to be used by any children under the age of 18.  By using this Website and its Contents, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website or its Contents.

 

1. Trademarks

 

PIP SOMATIC™, PIP™, PRIMARY INTERCONNECTED PURPOSE™, and others, are trademarks of the Company.   Other product, service, or company names mentioned on this Website or its Contents may be trademarks of their respective owners.

 

1. Website Use

 

The Company grants you a limited, revocable, non-transferable, non-exclusive license to use this Website and its Contents solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use.  You agree not to copy materials on the Website or its Contents, reverse engineer or gain unauthorized access to the Website or its Contents in violation of any law.  The use of this Website or its Contents is at the discretion of the Company and we may terminate your use of this Website or its Contents at any time.

 

1. Compliance with Laws

 

You agree to comply with all applicable laws regarding your use of the Website and its Contents.  You further agree that any information provided by you is truthful and accurate to the best of your knowledge.

 

1. Indemnification

 

You agree to indemnify, defend, release, and hold harmless the Company and the Company’s Related Entities from any liability, loss, claim and expense, including reasonable attorneys’ fees, related to your violation of this Terms of Use or use of the Website or its Contents.

 

1. No Representations, Warranties or Guarantees

THE COMPANY AND THE COMPANY’S RELATED ENTITIES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE WEBSITE, INCLUDING BUT NOT LIMITED TO, ITS CONTENTS, INFORMATION, MATERIALS, DOCUMENTS, RESOURCES, PROGRAMS, PRODUCTS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE OR PROVIDED BY COMPANY OR COMPANY’S RELATED ENTITIES.  TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY AND THE COMPANY’S RELATED ENTITIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND WARRANTY OF NON-INFRINGMENT OR VIOLATION OF INTELLECTUAL PROPERTY OR OTHER RIGHTS OF A THIRD PARTY.

 

 

1. Limitation of Liability

THE COMPANY AND THE COMPANY’S RELATED ENTITIES SHALL NOT BE RESPONSIBLE FOR ANY DAMAGES, LIABILITY OR LOSS ASSOCIATED WITH ANY HARM OR DAMAGES SUFFERED BY YOU OR ANY OTHER PERSON OR ENTITY IN CONNECTION WITH THE WEBSITE, ITS SOFTWARE AND CONTENTS, AND THE COMPANY’S PRODUCTS OR SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE.  IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, ITS SOFTWARE AND CONTENTS, OR WITH ANY OF THE TERMS OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE WEBSITE, ITS SOFTWARE AND CONTENTS.

 

ALL INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PROVIDED BY THE COMPANY AND THE COMPANY’S RELATED ENTITIES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN.  THE COMPANY AND THE COMPANY’S RELATED ENTITIES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE WEBSITE AND CONTENTS AT ANY TIME.

 

1. Copyrights and Copyright Agent

 

If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to our Copyright Agent:

 

1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. A description of the copyrighted work that you claim has been infringed;

3. A description of where the material that you claim is infringing is located on the Website;

4. Your address, telephone number, and e-mail address;

5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and

6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

 

Our Copyright Agent for Notice of claims of copyright infringement on the Website is Danielle Fay, who can be reached as follows:

By E-mail: danielle.lee.fay@gmail.com

By Mail: 9 Island Avenue #1404 

Miami Beach, 33139 FL

 

1. Applicable Law.

 

You agree that the laws of the state of Florida, without regard to conflicts of laws provisions will govern these Terms of Use and any dispute that may arise between you and the Company or the Company’s Related Entities.

 

1. Termination

 

The Company may terminate these Terms of Use at any time, with or without notice, for any reason.

 

1. Notices

 

The Company may provide notices to you by sending a message to the email address you provide or by posting to the Website.  Notices sent by email will be effective upon sending the email and notices given by posting will be effective upon posting.  It is your responsibility to keep your email address current and notify us of a change to your email address.

 

Other than as specifically provided in these Terms, 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 the mailing address listed below under Contact Information. We may update the address for notices to us by posting a notice on the Website.

 

1. Contact Information

 

Fay Projects, LLC

Attention: Danielle Fay

9 Island Avenue, #1404

Miami Beach, 33139 FL

danielle.lee.fay@gmail.com

 

1. Miscellaneous

 

If any provision of these Terms of Use shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms of Use will otherwise remain in full force and effect.

 

The failure of the Company to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.  Any waiver of these Terms of Use by the Company must be in writing and signed by an authorized representative of the Website.

 

Nothing contained in these Terms of Use or your use of the Website or its Contents shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such.  Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.

 

These Terms of Use constitutes the entire agreement between you and the Company and governs the terms and conditions of your use of the Website and its Contents, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and the Company with respect to this Website.  Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies, guidelines, or rules that may apply when you use the Website, or separate agreements relating to any Contents, products, or services.

 

Effective as of: November 26, 2024