YOU MUST ALSO MAIL OR FAX AN IRS FORM W-9 TO PIXINGO BEFORE YOUR APPLICATION CAN TAKE EFFECT. YOUR STATUS AS A PIXINGO CONSULTANT IS TEMPORARY, AND WILL BE CANCELLED AFTER 30 DAYS UNLESS A PROPERLY COMPLETED IRS FORM W-9 IS RECEIVED BY PIXINGO WITHIN SUCH TIME.

Pixingo’s mailing address is:
1862 North Higley Road
Mesa, AZ 85205

Fax No. is: 602-493-8004

                                                         Terms & Conditions

1. I understand that as an Independent Consultant for Pixingo LLC. (“Pixingo” , “Company”, “we” or “our”):
a. I have the right to offer for sale Pixingo products and services in accordance with these Terms and Conditions.
b. I have the right to enroll persons in Pixingo.
c. If qualified, I have the right to earn commissions pursuant to the Pixingo Compensation Plan.
2. I agree to present the Pixingo Compensation Plan and Pixingo products and services as set forth in official Pixingo literature.
3. I agree that as a Pixingo Consultant I am an independent contractor, and not an employee, partner, legal representative, or franchisee of Pixingo. I agree that I will be solely responsible for paying all expenses that I incur, including but not limited to travel, food, lodging, secretarial, office, long distance telephone and other business expenses. I UNDERSTAND THAT I SHALL NOT BE TREATED AS AN EMPLOYEE OF PIXINGO FOR FEDERAL OR STATE TAX PURPOSES OR FOR ANY OTHER REASON. Pixingo is not responsible for withholding, and shall not withhold or deduct from my bonuses and commissions, if any, FICA, or taxes of any kind.
4. I have carefully read and agree to comply with the Pixingo Policies and Procedures and the Pixingo Compensation Plan, and the Business Entity Application and Agreement (the Business Entity Application and Agreement is not applicable to persons who enroll as individuals) which are incorporated into and made a part of these Terms and Conditions (these documents shall be collectively referred to as the “Agreement”). I understand that I must be in good standing, and not in violation of the Agreement, to be eligible for bonuses or commissions from Pixingo. I understand that the Pixingo Policies and Procedures and/or the Pixingo Compensation Plan may be amended at the sole discretion of Pixingo, and I agree to abide by all such amendments. Notification of amendments shall be posted on Pixingo’s website, in your Consultant back-office, and/or sent via email. Amendments shall become effective 30 days after publication. The continuation of my Pixingo business or my acceptance of bonuses or commissions shall constitute my acceptance of any and all amendments.
5. The term of this agreement is one year (subject to prior cancellation for inactivity pursuant to the Policies and Procedures). If I fail to annually renew my Pixingo Agreement, or if it is canceled or terminated for any reason, I understand that I will permanently lose all rights as an Consultant, and I will not be eligible to sell Pixingo products and services nor shall I be eligible to receive commissions, bonuses, or other income resulting from the activities of my former downline sales organization. In the event of cancellation, termination or nonrenewal, I waive all rights I have, including but not limited to property rights, to my former downline organization and to any bonuses, commissions or other remuneration derived through the sales and other activities of my former downline organization. Pixingo reserves the right to terminate all Consultant Agreements upon 30 days notice if the Company elects to: (1) cease business operations; (2) dissolve as a business entity; or (3) terminate distribution of its products and/or services via direct selling channels. Consultant may cancel this Agreement at any time, and for any reason, upon written notice to Pixingo at its principal business address. Pixingo may cancel this Agreement for any reason upon 30 days advance written notice to Consultant.
6. I may not assign any rights under the Agreement without the prior written consent of Pixingo. Any attempt to transfer or assign the Agreement without the express written consent of Pixingo renders the Agreement voidable at the option of Pixingo and may result in termination of my business.
7. I understand that if I fail to comply with the terms of the Agreement, Pixingo may, at its discretion, impose upon me disciplinary sanctions as set forth in the Policies and Procedures. If I am in breach, default or violation of the Agreement at termination, I shall not be entitled to receive any further bonuses or commissions, whether or not the sales for such bonuses or commissions have been completed.
8. Pixingo, its parent or affiliated companies, directors, officers, shareholders, employees, assigns, and agents (collectively referred to as “affiliates”), shall not be liable for, and I release Pixingo and its affiliates from, all claims for incidental, consequential and exemplary damages for any claim or cause of action relating to the Agreement. I further agree to release Pixingo and its affiliates from all liability arising from or relating to the promotion or operation of my Pixingo business and any activities related to it (e.g., the presentation of Pixingo products or Compensation and Marketing Plan, the operation of a motor vehicle, the lease of meeting or training facilities, etc.), and agree to indemnify Pixingo for any liability, damages, fines, penalties, or other awards arising from any unauthorized conduct that I undertake in operating my business.
9. The Agreement, in its current form and as amended by Pixingo at its discretion, constitutes the entire contract between Pixingo and myself. Any promises, representations, offers, or other communications not expressly set forth in the Agreement are of no force or effect.
10. Any waiver by Pixingo of any breach of the Agreement must be in writing and signed by an authorized officer of Pixingo. Waiver by Pixingo of any breach of the Agreement by me shall not operate or be construed as a waiver of any subsequent breach.
11. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be reformed only to the extent necessary to make it enforceable, and the balance of the Agreement will remain in full force and effect.
12. This Agreement will be governed by and construed in accordance with the laws of the State of Arizona without regard to principles of conflicts of laws. In the event of a dispute between an Consultant and Pixingo arising from or relating to the Agreement, or the rights and obligations of either party, the parties shall attempt in good faith to resolve the dispute through nonbinding mediation as more fully described in the Policies and Procedures. Pixingo shall not be obligated to engage in mediation as a prerequisite to disciplinary action against an Consultant. The parties consent to exclusive jurisdiction and venue for such actions before the State Court residing in Maricopa County, State of Arizona, or the United States District Court, for the District of Arizona, residing in Phoenix, Arizona.
13. Louisiana Residents: Notwithstanding the foregoing, Louisiana residents may bring an action against the Company with jurisdiction and venue as provided by Louisiana law.
14. Montana Residents: A Montana resident may cancel his or her Consultant Agreement within 15 days from the date of enrollment, and may return his or her starter kit for a full refund within such time period.
15. If an Consultant wishes to bring an action against Pixingo for any act or omission relating to or arising from the Agreement, such action must be brought within one year from the date of the alleged conduct giving rise to the cause of action, or the shortest time permissible under state law. Failure to bring such action within such time shall bar all claims against Pixingo for such act or omission. Consultant waives all claims that any other statute of limitations applies.
16. I authorize Pixingo to use my name, photograph, personal story and/or likeness in advertising or promotional materials and waive all claims for remuneration for such use.
17. I have carefully read the terms and conditions on the back of this application and agreement, the Pixingo Policies and Procedures, and the Pixingo Compensation Plan, and agree to abide by all terms set forth in these documents. I understand that I have the right to terminate my Pixingo independent business at any time, with or without reason, by sending written notice to the Company at the above listed address or via email at support@myPixingo.com. 

                                                Pixingo Web Site Terms of Use 

   In addition to the foregoing general Terms and Conditions (which shall also apply in connection with the use of your Pixingo replicated website (the “Site”), your use of the Site is also subject to the following terms of use:

18. Special terms apply to some services offered on your Site, such as subscription-based services, product purchases, rules for particular contests or sweepstakes or other features or activities. These terms will posted in connection with the applicable service. Any such terms are in addition to these Terms of Use and, in the event of a conflict, prevail over these Terms of Use.
19. The Company may change the Site or delete Content or features of the Site at any time, in any way, for any or no reason at our discretion.
20. All information, materials, functions and other Site content (including Submissions as defined in Paragraph 26 below) provided on the Site (collectively “Content”), such as text, graphics, images, etc., is our property or the property of our licensors and is protected by U.S. and international copyright laws. The collection, arrangement and assembly of all Content on the Site is the exclusive property of the Company and is protected by U.S. and international copyright laws. Except as stated herein or as otherwise provided in an express authorization from us, no material from the Site may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way. Any unauthorized use of any material contained in the Site is strictly prohibited.
21. Unless otherwise noted, the trademarks, service marks, trade dress, trade names, and logos (collectively “Trademarks”) used and displayed on the Site are the Company’s registered and unregistered Trademarks and the Trademarks of the Company’s licensors. Use of our Trademarks, if allowed, must adhere to the Company’s Policies and Procedures relating to Trademarks.
22. Pixingo grants you a limited license to access and make personal use of the Site and the Content, subject to these Terms of Use. Neither the Site nor any portion of the Site or any Content may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose that is not expressly permitted by the Company in writing.
23. Links from the Site to third party web sites may be provided by the Company. If so, they are provided solely as a convenience to you. If you use such links, you will leave the Site. The Company has not reviewed all such third party sites (if any) and does not control and is not responsible for any of these web sites and their content. The Company does not endorse or make any representations about such web sites or any information or materials found there, or any results that may be obtained from using them. If you access any third party web sites linked from the Site, you do so at your own risk.
24. You may not place hyperlinks to the Site without receiving the Company’s prior written consent. If you would like to link to the Site from another web site, submit your request to link to the Site to support@pixingo.com. Unless you receive express written consent from the Company, your request to link to the Site shall be deemed denied. Unless otherwise permitted in writing signed by an authorized representative of Pixingo, a web site that links to the Site: 
   • Shall not imply, either directly or indirectly, that Pixingo is endorsing its products; 
   • Shall not use any of the Company’s Trademarks or the Trademarks of our licensors; 
   • Shall not contain content or material that could be construed as offensive, controversial  or distasteful and should only contain content that is appropriate for all age groups; 
   • Shall not disparage Pixingo, its officers, agents, employees, products, or services in any way or otherwise negatively affect or harm its/their reputation and goodwill; 
   • Shall not present false or misleading information about the Company or the Pixingo opportunity; 
   • Shall not misrepresent any relationship with Pixingo; 
   • Shall not replicate in any manner any content in the Site; and 
   • Shall not create a browser or border environment around Site material.
25. For purposes of these Terms of Use, the word “Submissions” means advertisements, promotional material, graphics, audios, text, messages, ideas, concepts, suggestions, artwork, photographs, drawings, videos, audiovisual works, your and/or other persons’ names, likenesses, voices, usernames, profiles, actions, appearances, performances and/or other biographical information or material, and/or other similar materials that you submit, post, upload, embed, display, communicate, advertise, or otherwise distribute on or through the Site. Pixingo is pleased to receive your comments, suggestions, and Submissions regarding the Site, our products and services, and our opportunity. If you transmit to Pixingo, post, or upload any Submissions to or through the Site, you grant us and our affiliates a non-exclusive, royalty-free, perpetual and irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute and incorporate such Submissions and the names identified on the Submissions throughout the world in any media for any and all commercial and non-commercial purposes. By communicating a Submission to the Company, you represent and warrant that the Submission and your communication thereof conform to the Rules of Conduct set forth in Paragraph 28 below and all other requirements of these Terms of Use and that you own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to exploit, and to authorize us to exploit, such Submission in all manners contemplated by these Terms of Use. 26. Some services on the Site permit or require you to create an account to participate in or to secure additional benefits. You agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes. You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph. You also agree to promptly notify the Company of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Site.
27. “Public Forum” means an area or feature offered as part of the Site that offers the opportunity for users to distribute Submissions for viewing by one or more Site users, including, but not limited to, a chat area, message board, instant messaging, mobile messaging, social community environment, profile page, conversation page, blog, or e-mail function. You acknowledge that Public Forums and features offered therein are for public and not private communications, and you have no expectation of privacy with regard to any Submission to a Public Forum. We cannot guarantee the security of any information you disclose through any of these media; you make such disclosures at your own risk. You are and shall remain solely responsible for the Submissions you distribute on or through the Site under your username or otherwise by you in any Public Forum and for the consequences of submitting and posting the same. We have not duty to monitor any Public Forum. You should be skeptical about information provided by others, and you acknowledge that the use of any Submission posted in any Public Forum is at your own risk. Pixingo is not responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability in connection therewith.
28. You agree that you will not upload, post, or otherwise distribute to the Site any Submission, Content, or material that:
• Promotes the sale of any non-Pixingo’s products or services, or directly or indirectly promotes or advertises any non-Pixingo business opportunity;
• is defamatory, abusive, harassing, threatening, or an invasion of a right of privacy of another person; (b) is bigoted, hateful, or racially or otherwise offensive; (c) is profane, violent, vulgar, obscene, pornographic, or otherwise sexually explicit; (d) otherwise harms or can reasonably be expected to harm any person or entity; (e) is libelous, slanderous, defamatory, or violates the law.
• is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them, including a Submission that is, or represents an attempt to engage in, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing and/or drug use, harassment, theft, or conspiracy to commit any criminal activity; • infringes or violates any right of a third party including: (a) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (b) right of privacy (specifically, you must not distribute another person’s personal information of any kind without their express permission) or publicity; or (c) any confidentiality obligation;
• contains a virus or other harmful component, or otherwise tampers with, impairs or damages the Site or any connected network, or otherwise interferes with any person or entity’s use or enjoyment of the Site;
• does not generally pertain to the designated topic or theme of the relevant Public Forum or violates any specific restrictions applicable to a Public Forum; or
• is antisocial, disruptive, or destructive, including “flaming”, “spamming”, “flooding”, “trolling”, and “griefing”, as those terms are commonly understood and used on the Internet. We cannot and do not assure that other users are or will be complying with the foregoing Rules of Conduct or any other provisions of the Agreement, and, as between you and Pixingo, you hereby assume all risk of harm or injury resulting from any such lack of compliance.
29. Pixingo reserves the right, but disclaims any obligation or responsibility, to (a) refuse to post, or remove, any Submission from the Site that violates these Terms of Use; and (b) identify any user to third parties; and/or (c) disclose to third parties any Submission or personally identifiable information when we believe in good faith that such identification or disclosure will either (i) facilitate compliance with laws, including, for example, compliance with a court order or subpoena, or (ii) help to enforce the Agreement and/or protect the safety or security of any person or property, including the Site. Moreover, we retain all rights to remove Submissions at any time for any reason or no reason whatsoever.
30. Pixingo may suspend or terminate your ability to use the Site or any portion thereof for failure to comply with the Agreement or any special items related to a particular service, or as necessary to protect the Company’s intellectual property.
31. The Site is intended for viewing and use in the United States. If the Site is viewed internationally, you are responsible for compliance with applicable local laws.
32. Pixingo respects your privacy and the privacy of other visitors to the Site. To learn about our privacy practices and policies, please see our Privacy Policy.
33. Disclaimer of Warranties. ALL CONTENT INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") IS PROVIDED “AS IS” AND “AS AVAILABLE” AND WITHOUT WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY, AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE CONTENT IS ACCURATE, ERROR-FREE, RELIABLE OR CORRECT, THAT THIS SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS SITE MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY CONTENT. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM AGAINST THE COMPANY WITH RESPECT TO CONTENT AND ANY CONTENT YOU PROVIDE TO THIRD PARTY SITES (INCLUDING CREDIT CARD AND OTHER PERSONAL INFORMATION). WE MAY IMPROVE OR CHANGE THE PRODUCTS AND SERVICES DESCRIBED IN THIS SITE AT ANY TIME WITHOUT NOTICE. WE ASSUME NO RESPONSIBILITY FOR AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OMISSIONS IN THIS SITE OR IN OTHER DOCUMENTS WHICH ARE REFERRED TO WITHIN OR LINKED TO THIS SITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

The Site may contain the opinions and views of other users. Given the interactive nature of the Site, we cannot endorse, guarantee, or be responsible for the accuracy, efficacy, or veracity of any content generated by other users.

34. Limitation of Liabilities: UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL THE COMPANY, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, THIS SITE OR CONTENT, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY OTHER USER OF THE SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO THE SITE. MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS OR LICENSEES, OR ANY OF THE FOREGOING ENTITIES’ RESPECTIVE RESELLERS, CONSULTANTS, SERVICE PROVIDERS OR SUPPLIERS, BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL.

Pixingo MAY TERMINATE YOUR FURTHER ACCESS TO THE SITE OR CHANGE THE SITE OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON OR NO REASON.

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

35. Supply of goods, services and software through the Site is subject to United States export control and economic sanctions requirements. By acquiring any such items through the Site, you represent and warrant that your acquisition comports with and your use of the item will comport with those requirements. Without limiting the foregoing, you may not acquire goods, services or software through the Site if: (a) you are in, under the control of, or a national or resident of Cuba, Iran, North Korea, Sudan or Syria or if you are on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Commerce Department’s Denied Persons List, Unverified List or Entity List, or (b) you intend to supply the acquired goods, services or software to Cuba, Iran, North Korea, Sudan or Syria (or a national or resident of one of these countries) or to a person on the Specially Designated Nationals List, Denied Persons List, Unverified List or Entity List.