Fulfillment Policy & Terms of Use

Joel Pilger Moving Pictures LLC ("Joel Pilger", "we" or "us") operates the website located at joelpilger.com and forth.global from which you may access content and services ("joelpilger.com Products").

These Terms of Use apply to the content and functionality of joelpilger.com, and to the joelpilger.com Products. These Terms of Use do not apply to products or services that we make available pursuant to different terms.

1. Information that you provide to us 
You may give us information about yourself when you visit joelpilger.com. Our Privacy Policy explains our practices with respect to that information. We may need to send you email and text messages in order to, for example, verify your identity or provide you with important information. You authorize us to send those messages when you visit joelpilger.com and provide your contact details. Standard text or data charges may apply to text messages. Where offered, you may disable text message notifications by responding to any such message with "STOP", or by following instructions provided in the message. However, by disabling text messaging, you may be disabling important security controls and may increase the risk of loss to your business.

2. joelpilger.com IP
As between you and Joel Pilger, Joel Pilger and its licensors exclusively own all rights, title, and interest in the patents, copyrights (including rights in derivative works), moral rights, rights of publicity, trademarks or service marks, logos and designs, trade secrets, and other intellectual property embodied by, or contained in joelpilger.com (collectively, "joelpilger.com IP"). joelpilger.com IP is protected by copyright, trade secret, patent, and other intellectual property laws, and all rights in joelpilger.com IP not expressly granted to you in these Terms of Use are reserved.

You may choose to or we may invite you to submit comments or ideas about improvements to joelpilger.com or our products or services ("Ideas"). If you submit an Idea to us, we will presume that your submission was voluntary, unsolicited by us, and delivered to us without any restrictions on our use of the Idea. You also agree that Joel Pilger has no fiduciary or any other obligation to you in connection with any Idea you submit to us, and that we are free to use your Ideas without any attribution or compensation to you.

3. Access to joelpilger.com
Joel Pilger grants you a limited, revocable, non-exclusive, non-transferable license to access joelpilger.com. This license does not include a right to use any of the content and information, including product listings. Your permissions and/or licenses are automatically terminated by any unauthorized use.

4. Products, Content and Specifications
Details of the products and services available for purchase on joelpilger.com ("joelpilger.com Products") are set out on joelpilger.com. All features, content, specifications, products, and prices of products and services described or depicted on joelpilger.com are subject to change at any time without notice. Unless expressly noted, all weights, measures, and similar descriptions are approximate and are provided for convenience purposes only. Packaging may vary from that shown, and the appearance of a product in reality may differ from its appearance to you on joelpilger.com due to the limitations of the systems that you use to access joelpilger.com. The inclusion of any products or services on joelpilger.com at a particular time does not imply or warrant that these products or services will be available at any time. Occasionally, the manufacture or distribution of a certain product or service may be delayed for a number of reasons. In such event, we will make reasonable efforts to notify you of the delay and keep you informed of the revised delivery schedule. By placing an order, you represent that the products ordered will be used only in a lawful manner.

5. Subscriptions
a. Subscription terms. We may offer you the ability to purchase subscriptions via joelpilger.com. Terms specific to a subscription will be disclosed to you at or prior to the time at which you purchase the subscription, and by purchasing the subscription you are agreeing to those terms.  
b. Free trials and promotional periods. If a subscription commences with a free trial or a promotional period, you will have the right to cancel the subscription prior to the end of the trial or period. If we do not provide you with an online cancellation mechanism, then you may exercise this cancellation right by contacting us. We will email you prior to the end of the free trial or promotional period to remind you that the trial or period is coming to an end, and to give you an opportunity to cancel before the commencement of the paid period. If you do not cancel, we will bill you at the end of the free trial or promotional period, and your subsequent cancellation rights will be in accordance with the terms specific to the subscription.  
c. Cancellation. Your cancellation rights, and the mechanism via which you may notify us of your decision to cancel, will be disclosed to you at or prior to the time at which you purchase a subscription.

6. Your account
We may require that you create an account to access joelpilger.com, including to make purchases. If we do so, you must provide accurate information about yourself when you create an account and ensure that you update us if that information changes. You must ensure that your login details remain confidential. You are responsible for any activity, including any purchases made, under your account. We reserve the right to terminate your account at any time and for any reason.

7. Shipping and returns
This Section 7 applies to joelpilger.com Products that are physical goods. For clarity, this Section 7 applies despite any contrary terms in any invoice or purchase order.

8. Sanctions and export policy
You may not use joelpilger.com or purchase any joelpilger.com Product in or for the benefit of a country, organization, entity, or person embargoed or blocked by any government, including those on sanctions lists identified by the United States Office of Foreign Asset Control (OFAC). We do not claim, and we cannot guarantee that joelpilger.com or any joelpilger.com Product is or will be appropriate or available for any location or jurisdiction, comply with the laws of any location or jurisdiction, or comply with laws governing export, import, or foreign use.

9. No warranties**
We provide joelpilger.com, joelpilger.com IP, and joelpilger.com Products "as is" and "as available", without any express, implied, or statutory warranties of title, merchantability, fitness for a particular purpose, non-infringement, or any other type of condition, warranty or guarantee. No data, documentation, or any other information provided by Joel Pilger or obtained by you from or through joelpilger.com - whether from Joel Pilger or another entity, and whether oral or written - creates or implies any warranty from Joel Pilger to you.

Joel Pilger disclaims any knowledge of, and does not guarantee: (a) the accuracy, reliability, or correctness of any data provided through joelpilger.com; (b) that joelpilger.com Products will meet your specific needs or requirements; (c) that joelpilger.com will be available at any particular time or location, or will function in an uninterrupted manner or be secure; (d) that Joel Pilger will correct any defects or errors on joelpilger.com; or (e) that joelpilger.com is free of viruses or other harmful code. Use of data, products, or services that you access, purchase, or download through joelpilger.com is done at your own risk - you are solely responsible for any damage to your property, loss of data, or any other loss that results from such access, purchase, or download.

Nothing in these Terms of Use operates to exclude, restrict, or modify the application of any implied condition, warranty, or guarantee, or the exercise of any right or remedy, or the imposition of any liability under law to the extent that doing so would: (a) contravene that law; or (b) cause any term of this agreement to be void.

10. Limitation of liability
Under no circumstances will Joel Pilger be responsible or liable to you for any loss of profits, loss of business, loss of opportunity, loss of use, loss of revenue, loss of goodwill, or any indirect, incidental, consequential, special, or exemplary damages arising out of or in connection with use of joelpilger.com or joelpilger.com Products, whether based on contract, tort (including negligence), strict liability, or otherwise, even if Joel Pilger has been advised of the possibility of such damages, and even if those damages were foreseeable.

To the extent permitted by law, in no event will the total liability of Joel Pilger arising out of or in connection with these Terms of Use, the joelpilger.com Products, or joelpilger.com exceed the amounts paid by you to Joel Pilger for joelpilger.com Products.

11. Indemnification
You agree to indemnify and hold Joel Pilger, its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages (actual and consequential), losses, and expenses (including legal fees) arising from or in any way related to any third-party claims relating to your use of joelpilger.com or joelpilger.com Products, any violation of these Terms of Use, or any other actions connected with your use of joelpilger.com (including all actions taken under your account). In the event of such a claim, we will provide notice of the claim, suit, or action to the contact information we have for the account, provided that any failure to deliver such notice to you will not eliminate or reduce your indemnification obligation hereunder.

12. Disputes
a. Governing law. You agree that these Terms of Use, and any claim, dispute, action, cause of action, issue, or request for relief between you and Joel Pilger arising out of or relating to these Terms of Use or your use of joelpilger.com or joelpilger.com Products (collectively, "Disputes") will be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict or choice of law principles.
b. Arbitration. All Disputes will be resolved exclusively by binding arbitration administered by the American Arbitration Association ("AAA"). Each party will have the right to select a single arbitrator from a list of arbitrators provided by the AAA. The arbitration will be conducted in accordance with the AAA’s rules applicable to commercial disputes. The arbitration will be conducted in Denver, Colorado, or at another mutually agreed location.
c. No class actions. You may only resolve Disputes with Joel Pilger on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action.
d. Injunctive relief. Nothing in these Terms of Use will be deemed to waive, preclude, or otherwise limit the right of Joel Pilger to seek injunctive relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of our intellectual property or other proprietary rights.
e. Filing period. Any Dispute must be filed within one year after the relevant claim arose; otherwise, the Dispute is permanently barred, which means that you and Joel Pilger will not have the right to assert the claim.

13. Changes to these Terms of Use
We may make changes to these Terms of Use from time to time. If we make changes, we will notify you by posting the updated Terms of Use on joelpilger.com and revising the "Last Updated" date above. We may also provide notice of changes via email, or through other means. Unless otherwise noted in our notice, the updated Terms of Use will be effective immediately, and your continued use of joelpilger.com will confirm your acceptance of the changes. If you do not agree to the amended Terms of Use, you must stop using joelpilger.com.

14. Miscellaneous
a. Entire agreement. These Terms of Use constitute the entire agreement between you and Joel Pilger relating to the subject matter of these Terms of Use, and supersede any prior or contemporaneous agreements or communications between you and Joel Pilger with respect to that subject matter.
b. No waiver. The failure of either party to enforce any provision of these Terms of Use will not constitute a waiver of that party's rights to subsequently enforce the provision.
c. Severability. If any provision of these Terms of Use is found to be invalid or unenforceable, the remaining provisions of these Terms of Use will remain in full force and effect.
d. Assignment. You may not assign or transfer any of your rights or obligations under these Terms of Use without prior written consent from Joel Pilger. Joel Pilger may assign or transfer any or all of its rights under these Terms of Use, in whole or in part, without obtaining your consent or approval.

15. Contact us
If you have any questions about these Terms of Use, please contact us at: 8605 Santa Monica Blvd PMB 62387, West Hollywood CA 90069 USA, info@joelpilger.com

Last updated: 1 July 2024