2. Information Collected
At PeerKnect, we collect personally identifiable information (“PII”) and non-personally identifiable (“Non-PII”) information from you. Personally identifiable information is information that can be used to identify you personally. Non-personally identifiable information is information that must be combined with other information to identify you personally.
You will not be required to provide us any information when you visit our Platform. However, in order to access or use some portions of the Platform, we may collect PII such as name, email address, valid driver’s license or government issued identification, address, business information, licensing information, and payment information where applicable.
Whenever you use our website, we may collect Non-PII from you, such as your IP address, zip code, browsing history, search history, and registration history, interactions with the Platform, usage information, location, referring URL, browser, operating system, data usage, data transferred, and Internet service provider.
3. Use of Your Information
Some of your information will be visible to other users of the Platform to facilitate communication. You agree that we may use your information in the following ways:
- To provide any services offered and to operate PeerKnect Platform.
- To enhance or improve our users’ experiences.
- To contact you via email or other electronic communications where you have an inquiry.
- To notify you of additional PeerKnect services and updates.
- To share or sell with third parties whose products and services you may be interested in.
- To process your transactions.
4. Anonymized Data
Please be aware that we me may collect and aggregate personally identifiable information from our Platform and may anonymize that information for our own research or internal purposes. Once such data has been anonymized, it cannot be traced back to you, the user.
5. Accessing and Editing Your Information
You will be able to access any information contained in your account through our Platform. You may edit that information by changing the information listed in your account. If you have any questions or wish to review, change, or access any of your information collected by us, please contact us at firstname.lastname@example.org. After you have cancelled your account please be aware that we may keep inaccessible copies of your PII and non-PII subject to our data retention policies.
6. Cookies and Tracking
7. Third Party Access to Your Information
Although you are entering into an agreement with PeerKnect to disclose your information to us, we do use third party individuals and organizations to assist us, including contractors, web hosts, and others to allow you to access the Platform.
8. Law Enforcement
9. Opt Out of Commercial, Non-Commercial Communications and Do Not Track
If you decide to provide us with your contact information, you agree that we may send you communications via text and emails. However, you may unsubscribe from certain communications by notifying PeerKnect that you no longer wish to receive these communications, we will endeavour to promptly remove you from our once we have received that request. We currently do not offer functionality for you to opt out through
“do not track” listings. If you wish to opt out of certain communications or information collection, please contact us at email@example.com.
10. Third Parties
PeerKnect or other users may post links to third party websites on Platform, which may include information that we have no control over. When accessing a third party site through our Platform, you acknowledge that you are aware that these third party websites are not screened for privacy or security issues by us, and you release us from any liability for the conduct of these third party websites.
11. Security Measures
We make reasonable attempts to protect your information by using physical and electronic safeguards. However, as this is the Internet, we can make no guarantees as to the security or privacy of your information. For this reason, we recommend that you use anti-virus software, routine credit checks, firewalls, and other precautions to protect yourself from security and privacy threats.
12. Your California Privacy Rights
13. Age Compliance
We intend to fully comply with American and international laws respecting children’s privacy including COPPA. Therefore, we do not collect or process any information for any persons under the age of 18. If you are under 18 and using our Platform, please stop immediately and do not submit any information to us. In the event that we have
inadvertently collected any information from users under the age of 18 please contact us immediately.
14. International Transfer
15. Merger and Acquisition
In the event that PeerKnect is involved in a bankruptcy, merger, acquisition, reorganization or sale of assets, your information may be sold or transferred as part of that transaction. Please be aware that once the information is transferred your privacy rights may change.
1. Your Acceptance
Throughout this Agreement, the words “PeerKnect,” “us,” “we,” and “our,” refer to our company, PeerKnect, as is appropriate in the context of the use of the words.
2. User Information and Accounts
3. User Authorization
PeerKnect may at its discretion conduct additional identification checks on User through PeerKnect's identification check provider. PeerKnect shall have no liability to User for any identification checks conducted or omitted; however, where a identification check is used, PeerKnect shall conduct the identification checks in accordance with applicable law. Prior to using the Platform, User represents and warrants the following: (1) User has not been convicted of child abuse, neglect, or any crime involving violence against a minor; (2) User has not been convicted of a sex crime against a minor; and (3) User is not on any federal, state, or local jurisdiction sex offender list or other similar sex crimes list.
4. Access and Ownership
After registering, where required, we shall grant Users access to the Platform as permitted by us and in accordance with this Agreement. All rights not explicitly granted are reserved for PeerKnect. Where you download software to access our Platform, we grant you a limited, fully revocable, non-exclusive license to download one copy of our mobile application to access the Platform onto each of your electronic device(s). If you breach this Agreement, your access or license to use our Platform may be terminated at our discretion. Additionally, we may revoke your access or license to use our Platform if we believe that your actions may harm us, our business interests, or any third party rights. Failure by us to revoke your access does not act as a waiver of your conduct. User agrees that the structure, organization, and code of the Platform along with all software components and related services are proprietary to PeerKnect and/or PeerKnect’s licensors. PeerKnect and/or its licensors retain exclusive ownership of the Platform, any documentation, information and any and all other intellectual property rights relating to the Platform.
5. User Privacy
6. Use of the Platform
When using our Platform, User is responsible for its use of the Platform. You agree to the following:
- You way not copy, distribute, access, or disclose any part of the Platform in any medium, including without limitation by any automated or non-automated “scraping”;
- You may not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Platform;You may not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Platform or to extract data;
- You may not use automated bots or other software to send more messages through our Platform than humanly possible;
- You may not use the Platform on a computer that is used to operate nuclear facilities, life support, or other mission critical applications where life or property may be at stake;
- You may not decompile, reverse engineer, disassemble, modify, rent, sell, lease, loan, distribute, or create derivative works or improvements to the Platform or any portion of it;
- You may not access our Platform in an attempt to build a similar or other competitive product;
- You may not use the Platform in an unlawful manner;
- You may not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You may not collect or harvest any personally identifiable information, including account names, except where permitted, from the Platform;
- You may not impersonate any person or entity or misrepresent your affiliation with a person or entity;
- You may not violate or infringe other people’s intellectual property, privacy, or other contractual rights while using our Platform;
- You may not violate any requirements, procedures, policies or regulations of networks connected to PeerKnect;
- You may not sell, lease, loan, distribute, transfer, or sublicense the Platform or access to it or derive income from the use or provision of the Platform unless enabled through the functionality of our Platform;
- You may not interfere with or disrupt the Platform;
- You may not violate any US state or federal laws or regulations and you solely are responsible for such violations;
- You agree not to use the Platform in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
- You agree that you will not hold PeerKnect responsible for your use of our Platform; and
- You agree not to cause, or aid in, the disruption, destruction, manipulation, removal, disabling, or impairment of any portion of our Platform, including the de-indexing or de-caching of any portion of our Platform from a third party’s website, such as by requesting its removal from a search engine.
If you are discovered to be undertaking any of the aforementioned actions you're privileges to use our Platform may at our discretion be terminated or suspended. Additionally, if we believe that your actions may harm us or a third party we may suspend or terminate your use of the Platform. Generally, we will provide an explanation for any suspension or termination of your use of any of our Platform, but PeerKnect reserves the right to suspend or terminate any account at any time without notice or explanation.
7. User Content
User’s ability to submit or transmit any information through the Platform, including but not limited to data, written content, images, videos, or any other information will be referred to as “User Content” throughout this Agreement. Please be aware that we are not required to host, display, migrate, or distribute any of your User Content and we may refuse to accept or transmit any User Content. You agree that you are solely responsible for any User Content submitted and you release us from any liability associated with any User Content submitted. We take no responsibility for any User Content submitted to the Platform and make no endorsements related to any User Content whether express or implied. Any User Content found to be in violation of this Agreement or that we determine to be harmful to the Platform may be modified, edited, or removed at our discretion.
When submitting any User Content to our Platform you represent and warrant that you own all rights to the User Content, you have paid any fees to use or license the User Content, or you otherwise have the permission and right to use any User Content. Furthermore, you represent and warrant that all User Content is legal and the User Content does not interfere with any third party rights or obligations.
When you submit any User Content to us, you grant PeerKnect, its partners, affiliates, Users, representatives and assigns a non-exclusive, unlimited, fully-paid, royalty-free, irrevocable, world-wide, universal, transferable, assignable license to display, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative
works, or use and reuse all or part of your User Content for any purpose deemed by us. Additionally, you grant to PeerKnect a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate into the Platform any suggestion, enhancement request, recommendation, correction or other feedback provided by you relating to the operation of our Platform.
8. User Content Guidelines
We reserve the right to remove, delete, modify, screen, edit, or refuse any User Content for any reason or no reason, and with or without notice to you. Please be aware that all User Content may be viewed by third parties, thus we cannot guarantee the confidentiality of any User Content. When submitting any User Content you represent and warrant the following:
- You agree that User Content submitted is lawful, truthful, accurate, and not misleading;
- You agree not to submit any User Content that contains any confidential information;
- You agree not to submit any User Content that depicts violence, animal or child abuse, or encourages violence against others;
- You agree not to submit any User Content that contains hate speech or promotes or condones violence against individuals or groups based on race or ethnic origin, religion, disability, gender, age, economic, nationality, veteran status, or sexual orientation/gender identity;
- You agree not to submit any User Content that is considered spam; and
- You agree not to submit any User Content that may be considered: bullying, illegal, misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you have violated any of our User Content Guidelines or if we believe that any User Content may harm the Platform, your access to the Platform may be suspended or terminated. Where you believe any users have abused the Content Guidelines, please contact us.
9. Monitoring User Content
PeerKnect shall have the right, but not the obligation, to monitor all User Content on the Platform at all times, to determine compliance with this Agreement and any
guidelines established by us. Without limiting the foregoing, PeerKnect shall have the right, but not the obligation, to remove any User Content at its sole discretion. For example, we may remove User Content if we believe that any User Content may harm us or our business interests or violate any United States laws or regulations. We have no obligation to retain or provide you with copies of any User Content after your termination of this Agreement.
10. Content Submission
All Users are solely responsible for any User Content submitted to the Platform. Where a User submits any User Content that pertains to information regarding a child, that User represents and warrants it is a parent or guardian of that child or has all permission and authorization to submit such information. User Content and other information and recommendations on this Platform are presented in good faith and believed to be correct. However, PeerKnect makes no representations or warranties, either express or implied, as to the completeness, accuracy or timeliness of any of any User Content on the PeerKnect Platform or on any websites which are linked to the Platform. PeerKnect also does not make any representations that any information, services, User Content, or products mentioned on the Platform are fit for any particular purpose.
11. Interactions with Other Users and Third Parties
USER ACKNOWLEDGES THAT PEERKNECT IS MERELY A PLATFORM THAT OFFERS USERS THE ABILITY TO INTERACT WITH OTHERS BUT DOES NOT RECOMMEND OR ENDORSE ANY OTHER USERS OF THE PLATFORM. PEERKNECT HAS NO RESPONSIBILITY OR LIABILITY TO YOU FOR ANY INTERACTIONS WITH ANY THIRD PARTIES OR USERS ENCOUNTERED ON OR OFF THE PLATFORM AND BY USING THE PEERKNECT PLATFORM, YOU AGREE TO HOLD PEERKNECT FREE FROM THE RESPONSIBILITY FOR ANY LIABILITY OR DAMAGE THAT MIGHT ARISE OUT OF ANY INTERACTIONS THAT YOU MAY HAVE WITH ANY USERS OR THIRD PARTIES. PEERKNECT IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OR THIRD PARTY.
12. Platform Availability
Although we try to provide continuous availability to you, we do not guarantee that the Platform will always be available, work, or be accessible at any particular time. Specifically, we do not guarantee any uptime or specific availability of the Platform. You agree and acknowledge that the Platform uses remote access and may not always be either 100% reliable or available. Only Users who are eligible to use our Platform may do so and we may refuse service or terminate your access at any time. We cannot guarantee that anything found on our Platform will work to the functionality desired by you or give you any desired results.
13. Modification of Platform
We reserve the right to alter, modify, update, or remove the Platform or any portions thereof, at any time at our discretion. We may conduct such modifications to our Platform for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications or provide you access to previous versions of our Platform. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Platform for security, legal or other purposes.
14. Intellectual Property
The name “PeerKnect”, the PeerKnect Platform along with the design of the PeerKnect Platform and any text, writings, images, templates, scripts, graphics, interactive features and any trademarks or logos contained therein (“Marks”), are owned by or licensed to PeerKnect, subject to copyright and other intellectual property rights under US and foreign laws and international conventions. PeerKnect reserves all rights not expressly granted in and to the Platform. You agree to not engage in the use, copying, or distribution of anything contained within the Platform unless we have given express written permission.
15. Free Trials
PeerKnect may offer the Platform or the PeerKnect Services on a free trial basis. PeerKnect reserves the right to discontinue any free trials at any time and without liability to us. Where you have signed up for a free trial, you agree at the expiration of your free trial you may be automatically subscribed to the PeerKnect Services and your payment method on file may be charged.
16. Subscriber Payments
Subscriber agrees to pay for all costs, fees, and taxes listed on the Platform when purchasing access the Platform including any recurring subscriptions. Where you have properly paid for a subscription we shall grant you access to the PeerKnect Services and Platform. In addition, Subscriber agrees to timely pay any and all fees as charged. Subscriber may upgrade or downgrade its subscription at any time. Where applicable, you must agree to our third party payment processors’ terms and conditions for
processing payments. All prices are listed in US Dollars. All information that you provide in connection with a payment or transaction must be accurate, complete, and current. Where you have failed to pay or where payments are overdue, PeerKnect may suspend or terminate your access to the paid portions of the Platform and the associated PeerKnect Services, without liability to us.
17. Automatic Payments
Where a Subscriber has purchased a subscription, your payment information shall be logged for your convenience. IF YOUR ACCOUNT HAS BEEN SET UP FOR AUTOMATIC BILLING, PEERKNECT MAY CHARGE YOU AUTOMATICALLY AND ON A RECURRING BASIS, UNLESS YOU NOTIFY US THAT YOU WANT TO CANCEL YOUR AUTOMATIC PAYMENT VIA YOUR ACCOUNT DASHBOARD. ADDITIONALLY, YOU AUTHORIZE US TO BILL YOU ON A RECURRING BASIS AND AGREE THAT YOUR SELECTED SUBSCRIPTION SHALL AUTOMATICALLY RENEW FOR ADDITIONAL PERIODS (OF THE SAME LENGTH AS YOUR INITIAL SUBSCRIPTION) UNTIL WE ARE NOTIFIED OTHERWISE. YOU AGREE THAT NO ADDITIONAL CONSENT IS REQUIRED BY YOU TO CHARGE YOUR PREFERRED PAYMENT METHOD AUTOMATICALLY AND ON AN AUTOMATICALLY RENEWABLE BASIS FOR THE SUBSCRIPTION.
18. Refunds for Subscription
We want you to be satisfied with the PeerKnect Services; however no refunds are available at this time when you subscribe to the Platform. If you have any questions regarding the subscription or our policies, please contact us.
Where PeerKnect does not charge you taxes for any payments, you agree to pay any and all applicable taxes. Subscriber agrees that PeerKnect cannot and will not provide Subscriber with any tax advice, any such questions should be directed to Subscriber’s tax attorney or other tax professional.
20. Pricing and Price Increases
The pricing for all paid subscriptions is listed on the PeerKnect Platform or within your account. Additionally, PeerKnect may increase the price of any paid subscriptions or PeerKnect fees charged, at our discretion and we reserve the right to do so at any time. In the event of a price increase, PeerKnect shall notify you and you will have the chance to accept or reject any price increase. Please notify us if you intend to reject a price increase. Where you have rejected a price increase this Agreement may be terminated immediately at our discretion. You agree that PeerKnect has no obligation to offer any services for the price originally offered to you at sign up.
21. Subscriber Account Holds
From time to time, PeerKnect may place a hold (“Hold”) on a Subscriber’s account. Some of the reasons that we may place a Hold on Subscriber’s account include but are not limited to the following: (1) if we have reason that your services offered or your actions have violated this Agreement, may harm our business, are deceptive, misleading, unlawful, or have harmed a third party or interfere with a third party contractual right; (2) at the request of our payment processors or due to delayed payment; or (3) if required in order to comply with a court order, subpoena, writ, injunction, or as otherwise required under applicable laws and regulations. If you have questions about a Hold we may have placed on your account, or need information about how to resolve the Hold, please contact us. Additionally, we may suspend Subscriber’s access to the Platform while such Hold is in place.
22. Termination of Your Subscription
You may cancel your subscription by accessing your account located within any Third Party App Store (defined below). Please follow the cancellation instructions as provided within your Third Party App Store account, PeerKnect shall not be responsible for your inability to properly cancel your subscription in a timely manner. Any issues with your subscription cancellation must be directly resolved between you and any Third Party App Store. Please be aware that upon termination of your account, access to all or portions of our Platform may be become immediately disabled and any User Content stored may not be retained. We may terminate this Agreement with you if we determine that: (1) you have violated any applicable laws while using our Platform; (2) if you have violated any portion of this Agreement or any of our Platform policies; or (3) if we believe that any of your current or future actions may legally harm PeerKnect, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
23. Third Party App Stores
24. Idea Submission
We value your feedback and where applicable you may submit ideas, content, artwork, suggestions, or other works (“Submissions”) to PeerKnect. Where you submit any Submission, you agree that: (1) your Submissions and their contents will automatically become the property of PeerKnect, without any compensation to you; (2) where such a grant in sub-section (1) is not possible, your Submission shall be subject to the User Content license grant as stated within this Agreement ; (3) PeerKnect may use or redistribute the Submissions and their contents for any purpose and in any way; (4) there is no obligation for PeerKnect to review the Submission; and (5) there is no obligation to keep any Submissions confidential. The sole purpose of this policy is to avoid potential misunderstandings or disputes when PeerKnect’s products might seem similar to ideas you submitted to PeerKnect.
THE PLATFORM IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, NEITHER PEERKNECT, NOR ANY OF OUR EMPLOYEES, MANAGERS, OFFICERS, ASSIGNS, AFFILIATES, OR AGENTS MAKE ANY REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: (1) THE PLATFORM OR ANY PEERKNECT SERVICES; (2) ANY INFORMATION OR CONTENT PROVIDED VIA THE PLATFORM; OR (3) SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION TO PEERKNECT, OR VIA THE PLATFORM. IN ADDITION, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION, AND FREEDOM FROM COMPUTER VIRUS. PEERKNECT DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE PLATFORM OR THE SERVER THAT MAKES THE PLATFORM AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS. PEERKNECT DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE PLATFORM IS ACCURATE, COMPLETE, OR USEFUL. PEERKNECT DOES NOT WARRANT THAT YOUR USE OF THE PLATFORM IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND PEERKNECT SPECIFICALLY DISCLAIMS ANY SUCH WARRANTIES.
26. Limitation of Liability
IN NO EVENT SHALL PEERKNECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEERKNECT IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION. SOME STATES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE. SPECIFICALLY, IN THOSE JURISDICTIONS NOT ALLOWED, WE DO NOT DISCLAIM LIABILITY FOR: (1) DEATH OR PERSONAL INJURY CAUSED BY PEERKNECT’S NEGLIGENCE OR THAT OF ANY OF ITS OFFICERS, EMPLOYEES OR AGENTS; (2) FRAUDULENT MISREPRESENTATION; OR (3) ANY LIABILITY WHICH IT IS NOT LAWFUL TO EXCLUDE EITHER NOW OR IN THE FUTURE. WHERE A TOTAL DISCLAIMER OF LIABILITY IS DISALLOWED YOU AGREE THAT OUR TOTAL LIABILITY TO YOU SHALL NOT EXCEED FIVE HUNDRED USD ($500).
You agree to defend, indemnify and hold harmless PeerKnect, its officers, directors, employees, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the PeerKnect Platform;
- your violation of any term of this Agreement; or
- your violation of any third party right, including without limitation any copyright, property, or contractual right.
This defense and indemnification obligation will survive this Agreement and your use of the PeerKnect Platform. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously. If you believe that any content owned by you has been infringed upon please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our Platform of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of PeerKnect, Support@peerknect.com or 41 Peabody Street, Nashville, TN 37210.
In the event that you receive a notification from PeerKnect stating content posted by you has been subject to a copyright takedown notice, you may respond by filing a counter-notice pursuant to the DMCA. Your counter-notice must contain the following:
- Your name, address, email and physical or electronic signature.
- The notification reference number (if applicable).
- Identification of the material and its location before it was removed.
- A statement under penalty of perjury that the material was removed by mistake or misidentification.
- Your consent to the jurisdiction of a federal court in the district where you live (if you are in the U.S.), or your consent to the jurisdiction of a federal court in the district where your Vendor is located (if you are not in the US).
- Your consent to accept service of process from the party who submitted the takedown notice.
Please be aware that we may not take any action regarding your counter-notice unless your notification strictly complies with the foregoing requirements. Please send this counter-notice in accordance with the takedown notice instructions above.
29. Trademark Infringement
We respect the rights of trademark owners and if you believe that your trademark or trade name is being infringed by a user of our Platform, please send us an email with your contact information, the location of the infringing content, and the names of the users infringing on your marks. Please be sure to provide accurate and detailed information. All trademark complaints should be sent to Support@peerknect.com. We may take any action that we deem appropriate in rectifying your complaint.
30. Choice of Law
This Agreement shall be governed by the laws in force in the state of Tennessee. The offer and acceptance of this contract is deemed to have occurred in the state of Tennessee.
Any dispute, relating in any way, to your access or use of our Platform or this Agreement shall be submitted to confidential arbitration in Nashville, TN. Arbitration under this Agreement shall be conducted pursuant to the applicable Consumer Rules (“Rules”) then prevailing at the American Arbitration Association. Arbitration shall be conducted in English by one (1) arbitrator as selected pursuant to the Rules; the arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. Each party shall be responsible for their own arbitration fees and costs. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. Where permitted by the Rules, both parties may make any and all appearances telephonically or electronically. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Platform or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned. Notwithstanding the foregoing, either party may seek equitable relief to protect its interests (including but not limited to injunctive relief) , in a court of appropriate jurisdiction, and issues of intellectual property ownership or infringement may be decided only by a court of appropriate jurisdiction and not by arbitration. In the event that the law does not permit the above mentioned dispute to be resolved through arbitration or if this arbitration agreement is unenforceable, you agree that any actions and disputes shall be brought solely in a court of competent jurisdiction located within Nashville, Tennessee.
You may opt-out of this dispute resolution provision by notifying PeerKnect within 30 days of the date on which you entered into this Agreement or purchased a subscription, whichever is earlier. You must do so by writing to Determinism, LLC., attn: Arbitration Opt-Out, 41 Peabody Street, Nashville, TN 37210 and you must include your name, address, account information, and a clear statement that you do not wish to resolve disputes with PeerKnect through arbitration. Where you opt out of arbitration, all disputes shall be heard in a court of competent jurisdiction located within Nashville, Tennessee.
32. Class Action Waiver
You and PeerKnect agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis and waive all trials by jury. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with PeerKnect are deemed to conflict with each other’s operation, PeerKnect shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or
provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
35. Assignment and Survival
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion. All portions of this Agreement that would reasonably be believed to survive termination shall survive and remain in full force upon termination, including but not limited to the Limitation of Liabilities, Representation and Warranties, Access, Indemnification, and Arbitration sections.
We may terminate your access to the Platform if we determine the following: (1) you have violated any applicable laws while using our Platform; (2) you have violated any portion of this Agreement or any of our Platform policies; or (3) where we believe your current or future actions may legally harm PeerKnect, our business interests or a third party, at our discretion. In the event of termination, we will strive to provide you with a timely explanation; however, we are not required to do so.
37. Entire Agreement
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Platform.
39. Electronic Communications
The communications between you and PeerKnect use electronic means, whether you visit the Platform or send PeerKnect e-mails, or whether PeerKnect posts notices on the Platform or communications with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from PeerKnect in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that PeerKnect provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
40. Export Controls
The Platform and the underlying information and technology may not be downloaded, accessed, or otherwise exported or re-exported (1) into (or to a national or resident of) any country to which the U.S. has currently embargoed goods; or (2) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders. By downloading or using the Platform, you agree to the foregoing and you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list, and that you will otherwise comply with all applicable export control laws.
41. Additional Terms for Service Providers
PeerKnect may allow child therapists, child development professionals, or other health care professionals (“Service Providers”) to access the Platform. The following Sections 41-44 apply to any Users that are also Service Providers. As a Service Provider you represent and warrant that you are a duly licensed provider of health care services or other services and where you access the Platform on behalf of a client you have all authorization and permission to do so on your client’s behalf. Service Provider shall indemnify PeerKnect (as set forth in the indemnification section) for all claims or liability related to its use of the Platform or any claims brought by a client of Service Provider relating to its actions or use of the Platform.
Before receiving access to the Platform, Service Provider may be required to verify its credentials and licensing and submit to and pass a background check through PeerKnect’s third party background check provider. Where Service Provider submits any licensing or credential information it represents and warrants that all such information is up-to-date, accurate, and truthful. PeerKnect may at its discretion conduct additional identification checks on Service Provider through PeerKnect’s identification check provider. PeerKnect shall have no liability to Service Provider for any identification checks conducted or omitted; however, where a identification check is used, PeerKnect shall conduct the identification checks in accordance with applicable law.
As a Service Provider, where you submit any User Content you represent and warrant the following: (1) where information pertains to a child, you have the applicable authorization from a parent or guardian to submit such information; (2) it does not violate any laws or regulations including but not related to medical care or doctor-patient privilege; (3) it is not considered “protected health information” as defined by the Health Insurance Portability and Accountability Act of 1996; and (4) it will conform to the User Content Guidelines above.
44. Authorized Users
The Platform may allow Service Provider to give access to its authorized users (“Authorized Users”). Authorized Users may include any clients of Service Provider, employees, or any third parties that may have access to any portions of the Platform as permitted by Service Provider. For each Authorized User designated by Service Provider that is a child therapist, child development professional, or other health care professional (“Licensed Authorized User”), Service Provider represents and warrants: (1) that such Licensed Authorized User is duly licensed to provide any medical or healthcare services; and (2) has passed a background check, whether such background check is required by such licensing body or by Service Provider. Service Provider agrees that it is solely responsible for all actions taken by Authorized User and all Authorized Users shall comply with all Service Provider obligations as set forth in this Agreement. Service Provider shall indemnify PeerKnect for any and all Authorized User damages, breaches of this Agreement, or actions that may cause PeerKnect harm. PeerKnect may prohibit any Authorized User from accessing the Platform at its discretion. You agree to notify PeerKnect immediately of any unauthorized use of Service Provider’s or your Authorized User’s account or any other breach of security. PeerKnect will not be liable for any losses you incur as a result of someone else using your or your Authorized User’s password or account, either with or without your knowledge, and Service Provider shall solely be responsible for such losses or liability.
45. Platform Issues
Where you have any questions, issues, or if you are having trouble accessing or using the Platform, please contact us at Support@peerknect.com or Determinism, LLC. 41 Peabody Street, Nashville, TN 37210.
46. California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about PeerKnect must be sent to our agent for notice to: Support@peerknect.com or Determinism, LLC. 41 Peabody Street, Nashville, TN 37210 Lastly, California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.