Terms of Use

Last Updated: 12/01/2021

Introduction and Applicability.

These PubWorx Website Terms of Use (“TOU”) apply to the website available at https://pwxsolutions.com/, including all features and functionality thereof (the “Website”) owned and operated by PubWorx Services, LLC (“PubWorx,” “we,” “us”).  These TOU appy to all visitors of the Website (“you” or “your”) and explains your rights and obligations in accessing, visiting and/or using the Website.  For the sake of clarity, this policy does not apply to services performed for our customers separate from the Website, which services are governed by our customer agreement.

Please also review our Privacy Policy, which explains how we may collect, use, and disclose your Personal Information. Your use of certain features and functionality of the Website may also be governed by your or your employer’s agreement with us.

Your Representations.

You represent that you (a) are of a legal age sufficient to agree to these TOU in accordance with applicable law, (b) have read, understood, and agree to be bound by these TOU, and (c) have all rights, permissions, and authorizations necessary to upload and provide for us to use as contemplated under these TOU all documents, graphics, content, and other materials uploaded by you to the Website (collectively, “Content”).

Intellectual Property.

You acknowledge that: (i) the Website, including all trademarks, service marks, logos, documents, graphics, content, and/or other materials viewed or obtained from or through the Website (collectively “Materials”), are owned and/or licensed by PubWorx and are protected by copyright and other intellectual property rights; and (ii) you have no rights to transfer, reproduce, or prepare any derivative works with respect to the Materials, or to disclose confidential information pertaining to the Website or Materials.  These TOU do not convey any rights of ownership in or related to the Website, Materials or other intellectual property owned by PubWorx.

License.

PubWorx grants you a personal, revocable, non-exclusive, non-transferable, limited right and license to access the Website provided that you comply with these TOU.  You do hereby grant us a non-exclusive, perpetual, royalty-free, fully paid-up worldwide right and license to use your Content to operate our business and furnish the Website to you.  You may not modify, copy, distribute, broadcast, transmit, reproduce, publish, license, transfer, sell, scrape, mirror, or frame any Materials.

Use of the Website.

The Website and Materials are provided solely for your own informational purposes. Any unauthorized use, including without limitation any commercial use, is prohibited.  You agree not to use the Website or Materials for any purpose that is unlawful or prohibited by these TOU, or any other purpose not reasonably intended by PubWorx. You further agree to abide by all applicable local, state, national and international laws and regulations. Without limiting the generality of the foregoing, you will not, nor will you allow a third party to:

  1. Upload, post, e-mail or otherwise transmit any Content that:
    1. is unlawful, harmful, threatening, intimidating, abusive, harassing, tortuous, defamatory, derogatory, vulgar, explicit, obscene, libelous, invasive of another’s privacy, disrespectful, hateful, or racially, ethnically or otherwise objectionable;
    2. you do not have the right to transmit under applicable law or under contractual or fiduciary relationships;
    3. infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
    4. contains software viruses or worms or any other computer code, files or programs designed to disable, interrupt, destroy, redirect, monitor another user’s usage, limit or otherwise inhibit the functionality of any computer software or hardware or telecommunications equipment;
  2. assign, sublicense, rent, timeshare, loan, lease or otherwise transfer the Website or Materials, or directly or directly grant access to or permit any unauthorized party to access or use the Website or Materials;
  3. decompile, disassemble, reverse engineer, copy, modify or create derivative works from the Website;
  4. impersonate any person or entity, including another user of the Website, or provide false information;
  5. view or attempt to view records or Content submitted by another user of the Website;
  6. use automated systems (e.g., robots, spiders, etc.) to access the Website;
  7. Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content on or transmitted through the Website;
  8. discuss or incite illegal activity or solicit/post sexually explicit images;
  9. interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;
  10. harvest, scrape, programmatically crawl, or collect any Materials; or
  11. remove any proprietary notices (e.g., copyright and trademark notices) from either the Website or Materials.

Changes to the Website.

We may, in our sole discretion, add, change, discontinue or remove any portion or functionality of the Website at any time, or the Website as a whole, without notice.

Links.

The Website may contain links allowing you to go to websites or other online services, including social networks, that are not under our control (“Linked Sites”). Any such Linked Sites are provided for your convenience, and inclusion of links on the Website does not suggest any association, sponsorship, or endorsement of those Linked Sites.  We are not responsible for the content or transmission of any Linked Site or for ensuring that the Linked Sites are error and/or virus free.  These TOU and the Privacy Policy do not apply to the Linked Sites.  Linked Sites may be subject to their own terms of use and privacy policies, and we encourage you to read them.

Indemnification.

To the extent permissible by law, you will indemnify, defend, and hold harmless PubWorx Services, LLC and its parents, subsidiaries, affiliates, officers, directors, managers, employees, agents, vendors, merchants, sponsors, providers, and licensors from any and all losses, deficiencies, judgements, damages, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and all related costs and expenses) incurred by them as a result of any claim, lawsuit, demand, cause of action, or proceeding brought by a third party arising from any or all of the following: (i) your access, inability to access, or use our Website; (ii) any of your Content; (iii) breach of any of your obligations, representations, or warranties in these TOU; or (iv) your violation of any rights of another person.

DISCLAIMER OF WARRANTIES.

OTHER THAN AS EXPRESSLY SET OUT HEREIN, THE WEBSITE AND MATERIALS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS, AND WITHOUT WARRANTY OF ANY KIND. PUBWORX, ITS SUPPLIERS AND DISTRIBUTORS SPECIFICALLY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANITES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, QUALITY OF INFORMATION, NON-INFRINGEMENT AND TITLE.  NO WARRANTY IS MADE THAT THE WEBSITE WILL BE TIMELY, SECURE OR ERROR-FREE.  In jurisdictions not allowing the limitation or exclusion of certain warranties, PUBWORX’S warranty shall be limited to the greatest extent permitted by NEW YORK law.

LIMITATION OF LIABILITY.

REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, TO THE EXTENT ALLOWED BY LAW, YOU UNDERSTAND AND EXPRESSLY AGREE THAT IN NO EVENT WILL PUBWORX OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR LICENSORS, BE LIABLE FOR: (I) ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES, DATA AND PROFITS, OR OTHER INTANGIBLE LOSSES, EVEN IF PUBWORX HAS BEEN ADVISED AS TO THE POSSIBILITY OF SUCH DAMAGES; OR (II) TOTAL CUMULATIVE LIABILITY ARISING UNDER OR RELATED TO THE WEBSITE, WHETHER IN CONTRACT, TORT OR OTHERWISE, IN EXCESS OF $10.  SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; IN THOSE JURISDICTIONS PUBWORX’S LIABILITY UNDER THE AGREEMENT SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE PUBWORX, ITS OWNER OR ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.

IN ALL CASES, NEITHER PUBWORX NOR ITS SUPPLIERS NOR DISTRIBUTORS ASSUME ANY   RESPONSIBILITY OR LIABILITY FOR ANY ERRORS OR OMISSIONS ON THE WEBSITE OR WITH RESPECT TO MATERIALS, ANY FAILURES, DELAYS OR INTERRUPTIONS IN THE ACCESSIBILITY OF THE WEBSITE, ANY LOSSES OR DAMANGES ARISING FROM THE USE OF THE WEBSITE OR MATERIALS, ANY CONDUCT BY OTHER USERS OF THE WEBSITE, OR UNAUTHORIZED ACCESS TO OR USE OF THE WEBSITE, MATERIALS, OR SERVERS.

Notices.

Any notices to you from PubWorx regarding the Website or these TOU will be posted on the Website or made by e-mail or regular mail.

Applicable Law; Jurisdiction and Venue.

We control our Website from our offices within the United States. We make no representation that the content on our Website is appropriate, legal or available for use in other locations. You may not use or export the content in violation of United States export laws and regulations. Any claim relating to our Website or Materials shall be governed by the laws of New York, without reference to its choice of law provisions. If there is a dispute between you and us, you expressly agree that exclusive jurisdiction and venue reside in the state and federal courts located in New York, NY.

Severability.

If any of the part of these TOU is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of these TOU shall continue in effect.

Assignment. 

PubWorx is permitted to assign, transfer, and subcontract its rights and/or obligations under these TOU without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these TOU.

Digital Millennium Copyright Act. 

If you believe that any Materials or Content infringes your copyright, you (or your agent) may send us notice requesting that such Materials or Content be removed. Notice must be provided in writing and must include the following information:

  1. A signature of the person authorized to act on behalf of the owner of the copyright interest;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. The location of the work you claim is infringing (e.g., URL) or enough detail that we may find it;
  4. Your name, 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, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notices must be sent to: Notice of Copyright Infringement, PubWorx Website, LLC, 135 West 50th Street, 20th Floor, New York, NY 10020, or via email using this link.

Modification. 

PubWorx reserves the right, in its sole discretion, to change these TOU at any time.  We will provide notice to you of any changes by posting notice on the Website. The “last updated” date indicates when the TOU were last revised. Your continued use of the Website after the TOU have been updated constitutes your agreement to any updated terms.

If you have any questions regarding these TOU, please contact us at PWXWebsitePrivacy@pwxsolutions.com.

Strategic Planning


Any new client relationship begins with a comprehensive review of your current business, pinpointing immediate needs, challenges, and goals. We study your recent successes and obstacles, identify methods to best meet your objectives, and then rigorously test those assumptions. Once clear goals have been outlined, we create a customized plan and regularly review progress to ensure we remain on target.

Strategic planning may include the following:

  • SWOT Analysis
  • Annual Review of Goals and Objectives
  • Predictive Modeling
  • Budgets and Financial Planning
  • Test Planning and Evaluation
  • Research and Competitive Analysis

Acquisition and Retention


At PWX Solutions, we understand the multi-faceted approach needed for an effective and comprehensive marketing strategy. For maximum success and revenue growth, we focus on both new business acquisition and retention marketing to help our clients reach profitability and longevity.

Driving New Business

New business acquisition is key for growing and maintaining your business. From the top of the acquisition funnel, we assist clients with identifying their target audiences, communicating effectively to prospects, and converting those prospects into paid customers or donors. Investing in a robust new business strategy will ultimately pay off over time, leading to increased ROI and profitability.

Maximizing Customer Retention

While new business feeds the funnel, a solid retention strategy is essential for revenue growth. Strong retention rates indicate satisfied customers, which is always our goal! Nurturing and engaging with existing customers is vital – replacing a customer is much more costly than keeping an existing one – and thus contributes to long-term profitability. Our marketers are experts at managing subscription and membership businesses, optimizing retention rates and maximizing overall net revenue.

Multi-Channel Marketing


A comprehensive marketing plan includes outreach across numerous channels to achieve the greatest possible results. We understand every client’s needs differ and provide customized offerings. PWX Solutions draws from expertise across digital and brick-and-mortar channels to recommend tactics to help clients exceed their goals. A staff of 150+ experts are organized by function and collaborate to deliver results. Our long-standing relationships with top vendors enable us to negotiate favorable pricing and bring best-in-class services, systems and processes to our clients.

Digital Marketing Solutions:

  • Website Optimization
  • Email Marketing
  • Social Media Marketing
  • Audience Development
  • Email Acquisition
  • Search Engine Marketing & Display
  • Paywalls / Content Monetization
  • eCommerce
  • Digital Partner Collaboration (Amazon, Apple, etc)

Offline Marketing Channels:

  • Direct Mail
  • Retail Sales / Distribution
  • 3rd Party Partnerships
  • TV and Video Advertising
  • Telemarketing

Marketing Operations:

  • Payment and Billing Optimization
  • Automatic Renewal
  • Vendor Relationships & Management
  • Service Selection and RFPs
  • Customer Service

Insights and Analytics


At PWX Solutions, we believe in collecting comprehensive data to inform our marketing campaigns, which contributes to their effectiveness. We provide clients with a suite of reports that helps them to track performance. Reports are customized to meet a client’s needs and objectives, and can be viewed, downloaded or emailed via our private client website.

We regularly review promotion reports – as well as daily/weekly campaign and source performance – for ways to optimize response. With an eye on the competition and industry trends, we execute regular testing to maximize P&L potential. We continually evaluate the long-term profitability of each source to ensure every marketing tactic we employ is making a valuable contribution toward a client’s objectives and bottom line.

Insights and Analytics may include the following:

  • Comprehensive Reporting/Analytics
  • Sophisticated Financial Modeling
  • Competitive Research
  • Price Optimization
  • Lifetime Value Analysis
  • P&L Management