Terms & Conditions

Peeksi.com LLC

Terms of Use Agreement

 

Last Modified: November 2014

Acceptance of the Agreement

Welcome to the website of Peeksi.com LLC (“Company”, “we”, or “us”).  The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, this “Agreement”), govern your access and use of Peeksi.com, including any content, functionality, and services offered on or through Peeksi.com (the “Website”) whether or not you register as a member of the Website or make use of the Peeksi.com service (“Service”).

Please read this Agreement carefully before you start to use the Website.  By using the Website, you accept and agree to be bound and abide by this Agreement and our Privacy Policy incorporated herein by reference.  If you do not want to agree to this Agreement or the Privacy Policy, you must not access or use the Website.

This Agreement is an electronic contract that establishes the legally binding terms you must accept to use the Website and become a “User”.  For purposes of this Agreement, the term “User” or “you” means a person who accesses the Website, provides information to the Company on the Website, or uses the functionality or content of the Website in any manner.

Amendment

We may revise and update this Agreement from time to time at our sole discretion and without prior notice to you.  All changes are effective immediately when we post them and apply to all access and use of the Website thereafter.  Your continued use of the Website following the posting of a revised Agreement means that you accept and agree to the changes.  It is your responsibility to check this page each time you use the Website so you are aware of any changes, as they are binding on you.

Eligibility

You must be 18 years of age or older and a U.S. resident to visit or use this Website. Any use of this Website is void where prohibited. By accessing and using the Website, you represent and warrant to the Company that you have the right, authority, and capacity to enter into this Agreement and abide by all of the terms and conditions of this Agreement. You further represent and warrant that you have never been convicted of a felony, that you are not required to register as a sex offender with any government entity, that you are currently single, and that you will use the Website in a manner consistent with any applicable laws and regulations.

Access and Changes to the Website

We, the Company, reserve the right to discontinue, suspend, and/or modify this Website, including any service or material we provide on the Website, temporarily or permanently, in our sole discretion without notice. You agree that the Company shall not be liable to you or to any third party for any such modification, suspension, or discontinuance. To protect the integrity of the Website, the Company reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Website.

We, the Company, will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your internet connection are aware of the terms in this Agreement and comply with them.

All information we collect on this Website is subject to our Privacy Policy located under Privacy Policy (“Privacy Policy”).  By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Account Security

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete and you agree that you will promptly update any information provided by you that at any later date becomes inaccurate, misleading, or false. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. 

If you choose, or are provided with, a username, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity as you are solely responsible for all activities that occur under your username and password. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of this Agreement.

Paid Subscriptions and Billing Methods

You may register as a User at no cost and use some, but not all, of the features and services available within the Website after any promotional period has ended. To access or use additional features and services, including the ability to communicate with other Users, you must become a paying subscriber to the Service (“Subscriber”) when outside of a promotional period. The subscription policies that are disclosed to you when you subscribe to the Service are a part of this Agreement. Absent special offers, you acknowledge and agree that if you are (i) not a Subscriber, you will not be able to use all the features and services available within the Service, including communicating with other Subscribers, and (ii) Subscriber, non-subscribing Users will not be able to use the Service to communicate with you. A User profile (both subscribers and non-subscribers) may remain posted on the Website even if that User is not actively using the Service. You acknowledge that although a User’s profile may be viewed, you may not (even as a Subscriber) be able to use the Service to communicate with that User if he or she is not then actively using the Service.

The Company bills you through an online account ("Billing Account") for use of the Service. You agree to pay the Company all charges at the prices you agreed to for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize the Company to charge your chosen payment provider ("Payment Method") for the Service. You agree to make payment using that selected Payment Method. The Company may correct any billing errors or mistakes that it makes even if it has already requested or received payment. This section includes any agreements you made with the Company on the Website when becoming a User or Subscriber. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, the Company may in its discretion terminate your account immediately. If the Company successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account or subscription reinstated.

Your paid subscription will continue indefinitely until cancelled by you. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing. You agree that your account will be subject to this automatic renewal feature. If you do not wish your account to renew automatically, or if you want to change or terminate your subscription, please log in and go to Account Settings on the Website and follow the directions contained therein. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize the Company to charge your Payment Method now and again at the beginning of any subsequent subscription period. You also authorize the Company to charge you for any sales or similar taxes that may be imposed on your subscription payments. Upon the renewal of your subscription, if the Company does not receive payment from your Payment Method provider, you agree to pay all amounts due on your Billing Account upon demand and you agree that the Company may either terminate or suspend your subscription and continue to attempt to charge your Payment Method provider until payment is received. Upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received.

You must provide current, complete and accurate information for your Billing Account. You must promptly update all information to keep your Billing Account current, complete and accurate (such as a change in billing address, card number or expiration date), and you must promptly notify the Company if your Payment Method is canceled (including if you lose your card or it is stolen), or if you become aware of a potential breach of security (such as an unauthorized disclosure or use of your name or password). Changes to such information can be made at Account Settings on the Website. If you fail to provide the Company any of the foregoing information, you agree that you are responsible for fees accrued under your Billing Account. In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer.

Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

This Agreement permits you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website, except as follows:

·        Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing of those materials.

·        You may store files that are automatically cached by your web browser for display enhancement purposes.

·        If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by the enduser license agreement for such applications.

·        If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

·        Modify copies of any materials from this site.

·        Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

·        Access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by this Agreement is a breach of this Agreement and may violate copyright, trademark, and other laws.

Prohibited Uses and Actions

You may use the Website only for lawful purposes and in accordance with this Agreement.  We reserve the right to investigate and/or terminate your access if you have misused the Website or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications that occur off the Website but involve Users you meet through the Website. The following is a partial list of the type of actions that you agree to not do when using the Website:

·        Impersonate any person or entity.

·        Solicit money from any Users.

·        Post prohibited content as defined in Section “User Contributions.”

·        “Stalk” or otherwise harass any person.

·        Express or imply that any statements you make are endorsed by the Company without our specific prior written consent.

·        Ask or use Users to conceal the identity, source, or destination of any illegally gained money or products.

·        Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Website.

·        Collect usernames and/or email addresses of Users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing or linking to the Website.

·        Interfere or disrupt the Website or the servers or networks connected to the Website.

·        Email or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment.

·        Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

·        Use any device, software or routine that interferes with the proper working of the Website.

·        Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

·        Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.

·        Attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website.

·        Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through the Website (either directly or indirectly through the use of third party software).

·        Use meta tags or code or other devices containing reference to the Company or the Website (or any trademark, trade name, service mark, logo, or slogan of the Company) to direct any person to any other website for any purpose.

·        Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of the Website or any software use on or for the Website, or cause others to do so.

·        “Frame” or “mirror” any part of the Website, without the Company’s prior written permission.

·        Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.

·        Post, use, transmit, or distribute, directly or indirectly, in any manner or media any content or information obtained from the Website other than solely in connection with your use of the Website in accordance with this Agreement.

·        Use the Website in any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries and laws relating to protection of minors).

·        Engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or Users or expose us or them to liability.

User Contributions

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display, or otherwise make available (hereinafter, “post”) on the Website, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, “Content”).  You may not post on the Website any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity).

You understand and agree that the Company may, but is not obligated to, monitor or review any Content you post on the Website. The Company may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Website or the Company.

By posting Content on the Website you automatically grant to the Company, its affiliates, licensees, and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify, and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by the Company will not infringe or violate the rights of any third party.

The following is a partial list of the kind of Content that is prohibited on the Website.  You may not post Content that:

·        Promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;

·        Advocates harassment or intimidation of another person;

·        Requests money from, or is intended to otherwise defraud other Users of the Website;

·        Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or other similar activities);

·        Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous, or otherwise objectionable;

·        Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacturer installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio, or video files;

·        Contains video, audio, photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);

·        Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);

·        Provides material that exploits people in a sexual, violent, or other illegal manner, or solicits personal information from anyone under the age of 18;

·        Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating, or creating computer viruses;

·        Contains viruses, time bombs, Trojan horses, cancelbots, worms, or other harmful, or disruptive codes, components, or devices;

·        Impersonates, or otherwise misrepresents affiliation, connection, or association with, any person or entity;

·        Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);

·        Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other Users are able to type, or otherwise negatively affects other User’s ability to engage in real time exchanges;

·        Solicits passwords or personal identifying information for commercial or unlawful purposes from other Users or disseminates another person’s information without his or her permission; and

·        Publicizes or promotes commercial activities and/or sales without prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.

Your use of the Website, including all Content you post, must comply with all applicable laws and regulations. You agree that the Company may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation, or disclosure is reasonably necessary, such as to: (i) comply with legal process; (ii) enforce this Agreement; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service or allow you to use the Website in the future; or (v) protect the rights, property, and personal safety of the Company or any other person.

You may not post any telephone numbers, street addresses, last names, URLs, or email addresses in areas of your User profile that may be viewed by other Users. You agree that any Content you place on the Website to be viewed by other Users may be viewed by any person visiting the Website.

Interactions with Other Users

You are solely responsible for your interactions with other Users. You understand that the Company currently does not conduct criminal background checks or screenings on its Users. The Company also does not inquire into the backgrounds of all its Users or attempt to verify the statements of its Users. The Company makes no representations and warranties as to the conduct of Users or their compatibility with any current or future Users. The Company reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records.

The Company is not responsible for the conduct of any User. In no event shall the Company, its affiliates, its partners or its successors be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Users or people you meet through the Website. You agree to take all necessary precautions in all interactions with other Users, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another User. In addition, you agree to review and follow the Company’s Dating Safety Tips under Tips, located on the Website, prior to using the Website. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with, or character of, individuals you may meet through the Website. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Users.

Monitoring and Enforcement

The Company has the right to:

·        Remove or refuse to post any Content for any reason or no reason in the Company’s sole discretion.

·        Take any action with respect to any Content that we deem necessary or appropriate in the Company’s sole discretion, including if we believe that such Content violates this Agreement, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Website or the public, or could create liability for the Company.

·        Disclose your identity or other information about you to any third party who claims the material posted by you violates their rights, including their intellectual property right or their right to privacy.

·        Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

·        Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of this Agreement.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting materials on or through the Website. YOU AGREE TO WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, SUCCESSORS AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTION TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or Content provided by any User or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

Proprietary Rights

The Company owns and retains all proprietary rights in the Website, and in all content, trademarks, trade names, service marks, and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of the Company and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website, without first obtaining prior written consent of the Company or, if such property is not owned by the Company, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure, or otherwise alter any proprietary notices appearing on any content, including copyright, trademark, and other intellectual property notices.

Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement

You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:

·        An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

·        A description of the copyrighted work that you claim has been infringed;

·        A description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable the Company to find the alleged infringing material, such as a URL);

·        Your address, telephone number, and email address;

·        A written 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

·        A statement by you, made under the penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Notice of claims of copyright infringement should be provided to the Company’s Copyright Agent at customerservice@peeksi.com.

External Links and Advertisements

The Website contains links to other sites and resources provided by third parties (“External Links”), which links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the External Links, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not warrant or endorse, and do not assume and will not have any liability or responsibility to you or any other person for, any External Links or any other materials, products, or services of third parties.

You understand that by using any of the External Links, you may encounter content that may be deemed offensive, indecent, or objectionable, which content may or may not be identified as having explicit language, and that the results of any search or entering of a particular URL may automatically and unintentionally generate links or references to objectionable material. Nevertheless, you agree to use the External Links at your sole risk and that we shall not have any liability to you for content that may be found to be offensive, indecent, or objectionable. It shall be your sole and exclusive obligation to prevent minors and other persons from viewing or accessing any inappropriate content that may be included in or available through any External Links.

We may use third-party advertising companies, such as Yahoo!, Google, and Microsoft, to serve ads when you visit the Website. These companies may use information about your interests in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to learn of your choices about not having this information used by these companies, see www.aboutads.info/choices.

We reserve the right, but are not obligated, to monitor all advertisements, public postings and messages to ensure that they conform to content guidelines that are monitored by us and subject to change from time to time. To learn more about this behavioral advertising practice or to opt-out of this type of advertising, you can visit www.networkadvertising.org.

For third party advertising cookie opt-out please visit www.networkadvertising.org/managing/opt_out.asp.

Geographic Restrictions

This Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimers

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THIS WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, SUCCESSORS, EMPLOYEES, AGENTS, OFFICERS, MANAGERS OR MEMBERS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, PROPERTY DAMAGE, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to indemnify and hold the Company and its officers, agents, partners, and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney’s fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website, and the violation of any law or regulation by you or another party. The Company reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in connection therewith.

Arbitration and Governing Law

The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association. By using the Website in any manner, you agree to arbitrate. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company. YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY.  You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court for only very limited reasons.

Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company may be commenced only in the federal or state courts located in Denver, Colorado.  You irrevocably consent to the jurisdiction of those courts for such purposes.

This Agreement, and any dispute between you and the Company, shall be governed by the laws of the State of Colorado without regard to the principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.

Term and Termination

This Agreement will remain in full force and effect while you use the Website and/or are a User or Subscriber and/or have a profile on the Website.

You may change or cancel your membership and/or subscription at any time, for any reason, by following the instructions on the Membership or Subscription page on your Account Settings page or by sending the Company email notice of cancellation to customerservice@peeksi.com. If you cancel your membership or subscription, the Company requires a reasonable amount of time to process the action. If you cancel a subscription, you will enjoy subscription benefits until the end of your then-current subscription commitment, following which your subscription benefits will expire. However, in no event will you be eligible for a refund of any portion of the subscription fees paid for the then-current subscription commitment. If you paid for your subscription using a multi-payment option, you must make all payments even if you cancel your subscription prior to the end of your then existing subscription commitment period.

Canceling a subscription does not automatically cancel your membership or remove your profile. If you are a Subscriber and you cancel your subscription but not your membership, unless you elect to hide your profile when and if said feature becomes available, you will continue to be a User in the Website and others may view your profile. A User cannot currently hide his or her profile. A User can cancel his or her subscription at any time by following the instructions contained on the Account Settings page on the Website, which does not refer to the deletion of the User’s profile.

The Company may terminate or suspend your subscription and/or membership in the Website and/or Service at any time without notice if the Company believes that you have breached this Agreement. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.

After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.

Entire Agreement; Other

This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers on the Website, contains the entire agreement between you and the Company regarding the use of the Website. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.  The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferrable and all of your rights to your profile or contents with your account terminate upon your death. No agency, partnership, joint venture, or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.