In consideration for the mutual promises contained herein, you and Peeriosity accept and agree to the following terms:
Section 1 - Age and Capacity
Only registered members who are age 18 or older may access the system. You certify that you are at least 18 years old, have the legal capacity to form a binding contract and are not a person barred from accessing the system under the laws of any applicable jurisdiction.
Section 2 - Registration
You are required to complete a registration process. You certify, represent and warrant that the information you provide is true, accurate, complete, current, and that it belongs to you. You shall keep your information complete and up-to-date at all times. Failure to maintain your registration information may cause your access to the system to be interrupted, suspended or terminated. You are responsible for monitoring your account, changing your password periodically and notifying Peeriosity immediately of any unauthorized use or breach of security of your password.
2.1 Screen Name
You must select a unique screen name as your public identity on the system. Your screen name identifies you to other members.
Section 3 - Subscription Accounts
You must maintain an active subscription account at all times to have full access to the system. Peeriosity offers a variety of subscription plans ("plans") at varying price and activity levels, including special promotional plans, some having minimum activity requirements or other conditions. Subscription fees and terms can vary and additional conditions, restrictions and limitations may apply to each plan.
Section 4 - License & Use
You are granted a license to access the system subject to this contract and all existing rights, restrictions and limitations. Your license is per company, limited, restricted, non-exclusive, non-transferable, non-sub licensable, revocable, and terminable. Your license is limited to direct employees of your company. You certify, represent, warrant and agree that you shall use the system and all information made available through the system for legal and legitimate business purposes and in a manner that complies with all applicable local, state, national and international laws, regulations or conventions at all times.
Section 5 - Intellectual Property and Proprietary Rights
The system and the information made available through the system are subject to copyright, trademark, intellectual property, trade secret and other proprietary rights and their use by you beyond the terms of this contract is strictly prohibited without prior express written authorization. All rights are reserved.
You shall not copy, reproduce, duplicate, publish, display, transmit, distribute, give, sell, trade, resell, market, offer for sale, distribute, modify, create derivative works or otherwise exploit for valuable consideration any information made available through the system without the express written consent of Peeriosity.
Peeriosity respects the intellectual property and proprietary rights of others. To reach our representative for notice of claims of copyright infringement or other similar claims, please email us at firstname.lastname@example.org.
Section 6 - Cancellation
You may cancel your subscription account at any time and for any reason.
WHEN YOU CANCEL YOUR ACCOUNT, YOU WILL RECEIVE A REFUND OF FEES FOR THE UNUSED PORTION OF YOUR MEMBERSHIP. SUBSCRIPTION FEES CHARGED TO YOUR ACCOUNT AFTER RECEIPT OF YOUR CANCELLATION WILL BE REFUNDED.
Section 7 - Termination
Peeriosity may suspend or terminate your account at any time, for any reason and without prior notice. Suspected system misuse will result in your immediate termination. You will no longer have access to the system.
Section 8 - Code of Conduct
This section sets forth the Peeriosity Code of Conduct ("Code"). All members and visitors MUST fully comply with this Code at all times. You certify, represent and warrant that you will not violate this Code.
8.1 Inputting Information
You shall not enter illegal or improper information into the system, including, without limitation, the following:
- Information that is false, inaccurate, incorrect, incomplete, inexact, outdated or otherwise wrong;
- Information subject to confidentiality, non-disclosure, non-competition, trade secret or proprietary rights, limitations or restrictions;
- Information that infringes the copyrights or intellectual property rights of others;
- Information that is personal or non-business related;
- Information that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory or racially, ethnically or otherwise objectionable;
- Information that is defamatory, libelous or invasive of privacy or publicity rights of others;
- Information that is actionable or may subject Peeriosity to legal action or liability of any kind;
- Information that violates any applicable local, state, national or international law, regulation, or convention.
8.2 Use of the System
Peeriosity has no actual control over your use of information outside the system. You shall not use the system or information made available through the system for any purposes or in any manner that is illegal or improper, including, without limitation, the following:
- For any purpose, activity or in any manner that is criminal, illegal or actionable;
- In violation of any local, state, national or international laws, regulations or conventions;
- To illegally "spam" anyone or to sell, give, make available or otherwise distribute information to a spammer or for the purpose of spamming;
- For unethical marketing activities;
- To associate, attribute, collect, store, distribute or otherwise process any non-business information related to anyone;
- To communicate with anyone using language or in any manner that is sexually explicit, profane, pornographic, immoral, obscene, vulgar, offensive, violent, dangerous, harmful, threatening, abusive, harassing, hateful, discriminatory, or racially, ethnically or otherwise objectionable.
8.3 Acts against the SystemYou shall not attempt to or engage in potentially harmful acts that are directed against the system including, without limitation, the following:
- Causing, allowing or assisting any other person to use your account or impersonate you;
- Forging screen names, manipulating identifiers or otherwise impersonating any other person for any reason;
- Emulating or faking usage of the system;
- Falsely stating or otherwise misrepresenting your affiliation with any person or entity;
- Introducing viruses, worms, software, Trojan horses or other similar harmful code into the system;
- Causing, allowing or assisting machines, bots or automated services to access or use the system without the express written permission of Peeriosity;
- Tampering with the operation, functionality or the security of the system;
- Attempting to override or circumvent any security or usage rules embedded into the system that permit digital materials to be protected;
- Misusing, tricking, disrupting or otherwise interfering with the system.
8.4 Suspected Misuse and Penalties
Peeriosity shall be the sole and final arbiter of suspected Code violations, misuse and penalty. Suspected violations may result in penalties for misuse including, without limitation, one or more of the following:
- Personal identification;
- Legal action.
Peeriosity reserves the right to seek civil, criminal or injunctive relief, at its sole discretion and without obligation, to enforce this code.
Section 9 - Legal Notices
9.1 Interruption and Errors
Peeriosity does not guarantee that the system will be uninterrupted or error-free. Peeriosity may modify, amend, adapt, supplement, suspend, discontinue, terminate or make other similar changes, temporarily or permanently, to the system, or any portion thereof, at its discretion, with or without notice.
The system may be interrupted, delayed or unavailable for your access from time to time for reasons including, but not limited to, the following: routine data compilation, service and maintenance; attacks, interference or interruption by the acts of third parties; earthquake, flood, fire, storm or other natural disaster; war, terrorism, armed conflict; labor strike, lockout or boycott; power failure or blackout; or other unforeseen or unavoidable events. Peeriosity shall not be liable to you or to any third party for routine, unforeseen or unavoidable interruption, delay or unavailability.
9.2 Securing Member Information
Peeriosity uses commercially reasonable business practices to secure its system. Peeriosity does not guarantee the security of information and shall not be responsible for infiltration, provided that commercially reasonable practices have been used.
9.3 Reliance and Assumption of Risk
Use of the system is at your sole discretion and risk. You have independently evaluated the desirability of using the system. You are not relying on any representation, guarantee, or statement other than this contract. You shall not rely on the accuracy, completeness, usefulness or legality of the system or any information made available through the system at any time. You shall bear all risks of and are solely responsible for your use of the system and all information made available to you through the system.
9.4 Disclaimer of Warranties
PEERIOSITY MAKES NO REPRESENTATION, GUARANTEE OR WARRANTY, EXPRESS OR IMPLIED, RELATED TO THE SYSTEM, THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM OR THEIR RESPECTIVE USES. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM MAY CONTAIN ERRORS AND/OR BUGS AND MAY PRODUCE UNEXPECTED RESULTS. THE SYSTEM AND THE INFORMATION MADE AVAILABLE THROUGH THE SYSTEM ARE PROVIDED "AS IS."
ANY AND ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS AND WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE DISCLAIMED, EXCEPT TO THE EXTENT THAT SUCH DISCLAIMERS ARE HELD TO BE LEGALLY INVALID. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
9.5 Limitation of Liability
YOU EXPRESSLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT PEERIOSITY SHALL NOT BE LIABLE FOR ANY GENERAL, SPECIAL, CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, INFORMATION, BUSINESS INTERRUPTION OR OTHER INTANGIBLE LOSSES) WHATSOEVER ARISING OUT OF THIS AGREEMENT OR THE USE OR INABILITY TO USE THE SYSTEM, INCLUDING THE CONDUCT OF ANY THIRD PARTY, HOWEVER CAUSED, ON ANY THEORY OF LIABILITY, AND WHETHER OR NOT PEERIOSITY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. APPLICABLE LAW MAY NOT ALLOW LIMITATION OF LIABILITY FOR CERTAIN DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Your exclusive remedy for any claim shall be limited to the subscription fee paid by you for the subscription term during which the event giving rise to the claim occurred. In no event shall liability to you exceed the amount paid by you for your subscription fee. The limitations, exclusions and disclaimers set for above shall apply and be enforceable to the maximum extent allowed by applicable law, even if any remedy fails its essential purpose.
You agree to indemnify, defend, and hold Peeriosity harmless against any loss, damage, cost, allegation, liability, expense, claim or demand, including court costs and reasonable fees for attorneys or other professionals, made by any third party resulting from your use of the system or information made available through the system.
9.7 Legal Inquiries and Requests
In response to a verified request by law enforcement or other government officials relating to a criminal investigation or alleged illegal activity, you agree and authorize Peeriosity to disclose information about you without a subpoena.
Peeriosity, at its sole discretion, may assist third parties to protect their rights in the event that illegal or improper information is entered into or made available through the system or information made available through the system is used for illegal or improper purposes. Peeriosity may disclose information about you as required by law or to comply with legal process, to report suspected illegal activities or to protect the rights, property or interests of Peeriosity. Peeriosity reserves the right and discretion, without obligation, to enforce this contract by any appropriate legal means available.
9.8 Choice of Law, Jurisdiction, Forum and Remedies
This contract shall be governed by Florida law, regardless of the choice of law rules of any jurisdiction.
9.9 Changes to this Agreement
Section 10 - Miscellaneous Terms
10.1 No Third Party Beneficiary
This contract is only for the benefit of you and Peeriosity. No third party has any right, claim or interest under this contract as a third party beneficiary.
You may not assign or transfer your rights or obligations under this contract.
Delay or failure to enforce any terms of this contract is not a waiver of such terms.
10.5 Entire Contract
These terms, together with all applicable Plan Details and Member Certifications, form the entire agreement between you and Peeriosity and supersede all related communications and prevails over any other provisions relating to its subject matter.
10.6 Severability of Terms
If any terms of this contract are found to be unenforceable, all remaining terms shall continue in full force and effect as allowed by law.
Headings are used for convenience and are not to be used for meaning or intent.
10.8 Correspondence and Notices
All notices required by this agreement may be sent by email to email@example.com or by registered mail to:
- Peeriosity LLC
- 26 Bermuda Lake Drive
- Palm Beach Gardens FL 33418
Notices are effective upon receipt.