Terms & Conditions
Pekyu LLC Terms of Service
Effective Date: November 1, 2017
BEFORE USING ANY SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE.
NEITHER Pekyu LLC. NOR THE SERVICES PROVIDE MEDICAL ADVICE.
THE CONTENTS OF THE SERVICES, SUCH AS TEXT, GRAPHICS, IMAGES, INFORMATION AND ADVISORY SERVICES OBTAINED FROM USERS OF THE SERVICES, LICENSORS, AND OTHER MATERIAL CONTAINED ON THE SERVICES (THE "CONTENT") ARE FOR INFORMATIONAL PURPOSES ONLY. THE CONTENT IS NOT INTENDED TO BE A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH PROVIDER WITH ANY QUESTION YOU MAY HAVE REGARDING A MEDICAL CONDITION.
IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY, CALL YOUR DOCTOR OR 911 IMMEDIATELY. NEVER DISREGARD, AVOID OR DELAY IN OBTAINING MEDICAL ADVICE FORM YOUR PHYSICIAN OR OTHER QUALIFIED HEALTH CARE PROVIDER BECAUSE OF SOMETHING YOU HAVE READ ON THE SERVICES. Pekyu LLC DOES NOT RECOMMEND OR ENDORSE ANY SPECIFIC TESTS, PHYSICIAN, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON THE SERVICES. RELIANCE ON ANY INFORMATION PROVIDED BY Pekyu LLC, Pekyu LLC EMPLOYEES, PARTNERS, OTHER USERS OF THE SERVICES IS SOLELY AT YOUR OWN RISK.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ANY HABITS YOU MAY CHOOSE TO PURSUE USING THE SERVICES AND Pekyu LLC DOES NOT WARRANT ANY HABITS LISTED ON THE SERVICES, NOR DOES IT RECOMMEND OR ENDORSE ANY PARTICULAR HABIT BY LISTING SUCH HABIT ON THE SERVICES. WE HAVE NO OBLIGATION TO REVIEW OR MODIFY USER POSTINGS ON THE SERVICES OR OTHER CONTENT AND IN ALL INSTANCES, IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, TIMELINESS, COMPLETENESS, OR USEFULNESS OF THE CONTENT. UNDER NO CIRCUMSTANCES WILL Coach.me BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON ANY CONTENT.
ALL THE SERVICES ARE AVAILABLE ONLY FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF YOU ARE 13 OR OLDER BUT UNDER THE AGE OF 18, OR THE LEGAL AGE OF MAJORITY WHERE YOU RESIDE IF THAT JURISDICTION HAS AN OLDER AGE OF MAJORITY, THEN YOU AGREE TO REVIEW THESE TERMS OF SERVICE WITH YOUR PARENT OR GUARDIAN TO MAKE SURE THAT BOTH YOU AND YOUR PARENT OR GUARDIAN UNDERSTAND AND AGREE TO THESE TERMS OF SERVICE. YOU AGREE TO HAVE YOUR PARENT OR GUARDIAN REVIEW AND ACCEPT THESE TERMS OF SERVICE ON YOUR BEHALF. IF YOU ARE A PARENT OR GUARDIAN AGREEING TO THESE TERMS OF SERVICE FOR THE BENEFIT OF A CHILD OVER 13, THEN YOU AGREE TO AND ACCEPT FULL RESPONSIBILITY FOR THAT CHILD'S USE OF THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT HE OR SHE MAY INCUR.
MODIFICATION OF TERMS OF SERVICE AND/OR SERVICES
Pekyu LLC reserves the right, in its sole discretion, to modify, discontinue or terminate the Services or to modify these Terms of Service at any time and without prior notice. If Coach.me amends these Terms of Service, it will update this posting on the Website and specify the effective date of the new version of the Terms of Service. Your continued use of the Services following the posting of a new version of the Terms of Service shall constitute your acceptance of any such amendments. Accordingly, you should check to see if a new version of the Terms of Service has been posted each time you use the Services. If the amended Terms of Service are not acceptable to you, your only recourse is to cease using the Services.
GENERAL TERMS AND CONDITIONS
SERVICES ONLY PROVIDE A VENUE
The Services include, among other things, a platform which enables communication and connections between Users. Users providing information and advice ("Advisory/coaching/consulting Services" and each User providing Advisory/coaching/consulting Services an "Advisor") to connect with Users seeking information and advice ("Clients" and collectively with Advisors, each a "User")
Each Client is solely responsible for selecting an Advisor and their Services. Any decision by a Client to receive Advisory Services, and any decision by an Advisor to provide Advisory Services, is a decision made in such User's sole discretion. Pekyu LLC is not responsible for the performance of Users, nor does it have control over the quality, suitability, reliability, durability, timing, legality, failure to provide, Content, acts or omissions, or any other aspect whatsoever of Users, including the Advisory Services provided by Advisors.
In order to use certain features of the Services, you must register and create an account with Pekyu LLC (your "Account"). You are responsible for maintaining the confidentiality of any passwords associated with your Account, monitoring all activity under the Account, and you assume full responsibility for all activities that occur under your Account (except as to security breaches caused by Pekyu LLC). Pekyu LLC reserves the right to suspend or terminate your Account at any time, for any reason, and shall incur no liability for such suspension or termination.
If you have been accepted by Pekyu LLC as an Advisor, you may create a profile that describes your skills, qualifications, pricing and the Services you offer (your "Profile"), which you can make publicly available via the Services. Once you make your Profile publicly available, other Users will be able to communicate directly with you, by using features of the Services, regarding your Services and the details of an Arrangement or potential Arrangement (as defined below). Pekyu LLC reserves the right, at any time and without prior notice, to remove or disable access to your Profile for any reason, including if Pekyu LLC, in its sole discretion, considers your Profile to be objectionable for any reason or in violation of these Terms of Service.
By using the Website or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from Pekyu LLC with respect to such User or third party's actions or omissions.
ARRANGEMENTS BETWEEN ADVISORS AND USERS
An Advisor and a User may enter into an arrangement for the Advisor to provide Services to the User through the Services (an "Arrangement"). Advisors and Users will use the features of the Services to enter into Arrangements. Any Arrangement you enter into is between you and the other User, and Pekyu LLC is not a party thereto.
If you are an Advisor, you acknowledge and agree that you are solely and fully responsible for any and all Content you post and publish in your Profile and any and all Services you provide to Clients through the Services. Accordingly, you represent and warrant that your Services and any Content you post and provide (i) will not breach any agreements you have entered into with any third parties, including obligations of confidentiality, and (ii) will (a) be in compliance with all applicable laws rules and regulations that may apply, (b) be truthful, accurate and not misleading, and (c) not conflict with the rights of third parties.
A User may terminate an Arrangement that it is a party to at any time by using the features of the Services and such termination will be effective immediately. Upon termination of an Arrangement, any pre-paid Payments (as defined below) will not be refunded or otherwise provided back to Client.
Pekyu LLC assumes no responsibility for Users' compliance with or fulfillment of any Arrangements with other Users, including early termination of an Arrangement by a User, or duties to third parties, or compliance with applicable laws, rules and regulations. Coach.me does not endorse any Advisor, Client, Advisory Service or Content.
BILLING AND PAYMENT
Users of the Service will be required to provide their credit card and/or bank account details ("Payment Account") to Pekyu LLC and the Payment Service Provider retained by Pekyu LLC (the "PSP"). Clients will be responsible for paying the invoice for each Arrangement (the "Invoice"), which will include the pricing terms of the Arrangement agreed upon by the Client and the Advisor.
Advisors may be required to register with the PSP, agree to the terms of service of the PSP and go through a vetting process at the request of the PSP to set up their account with the PSP. The terms and conditions between Advisors and the PSP retained by Pekyu LLC are available here (the "PSP Agreement"). By accepting these Terms of Service, each Coach agrees that they have downloaded or printed, and reviewed and agreed to the PSP Agreement. Please note that Coach.me is not a party to the PSP Agreement and that you, the PSP and any other parties listed in the PSP Agreement (currently,Stripe) are the parties to the PSP Agreement and that Pekyu LLC has no obligations or liability to any Advisor under the PSP Agreement.
By registering for an Account, you expressly authorize Pekyu LLC to direct the PSP to process each Payment and any fees owed to Pekyu LLC for the use of the Service that are incurred under your Account. The Payments and any additional fees will be charged to the Payment Account you provide to Pekyu LLC as incurred.
Pekyu LLC reserves the right, in its sole discretion (but not the obligation), to (i) place on hold any Payment, or (ii) refund, provide credits or arrange for the PSP to do so. Payment and fees must be paid through the Services.
Users of the Services will be liable for any and all taxes required to be paid on the Services or Services provided under these Terms of Service (other than taxes on the Pekyu LLC’s income).
For each Payment that Pekyu LLC actually receives, promptly within fifteen (15) days after the last day of the month, Pekyu LLC will (i) pay the applicable Advisor the Payment.
Pekyu LLC'S OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS
The Services are owned by Pekyu LLC and are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in the Terms of Service, Pekyu LLC and its licensors exclusively own or control all right, title, and interest in and to the Services, including all associated intellectual property rights. You will not remove, alter or obscure any copyright, trademark, or other proprietary rights notices incorporated in or accompanying the Services.
All trademarks, service marks, logos, trade names, and designs, whether registered or unregistered, used in connection with the Services are owned by Pekyu LLC or its third party licensors. You may not use or display any such trademarks, service marks, logos, trade names, or designs owned by Pekyu LLC or its third party licensors without the appropriate owner's prior written consent.
LICENSE TO USE CONTENT
A variety of information, advice, recommendations, letters, messages, comments, posts, text, graphics, software, music, sound, photographs, videos, data, User Content (as defined below), and other materials ("Content") is available through the Services. Some of the Content is provided by Pekyu LLC or its affiliates, and other Content is provided by Users, such as Advisory Services and Users' opinions and views provided via posts to chat rooms, blogs, bulletin boards, or discussion forums.
Pekyu LLC grants you a nonexclusive, nontransferable, revocable, limited license to view, download, copy and print Content, including Content provided by an Advisor pursuant to an Arrangement, retrieved from the Services only for your personal, noncommercial use, provided that you do not remove or obscure any copyright notice, trademark notice, or other proprietary rights notices displayed on or in connection with the Content. You may not use any Content available via the Services in any other manner or for any other purpose without the prior written permission of Pekyu LLC. All rights not expressly granted in these Terms of Service are expressly reserved for Pekyu LLC.
While Pekyu LLC strives to keep the Content accurate, complete, and up-to-date, Pekyu LLC cannot and does not guarantee, and is not responsible for, the accuracy, completeness, or timeliness of any Content, whether provided by Coach.me or its affiliates or by Users. Pekyu LLC does not have any obligation to prescreen, edit, or remove any Content provided by Users that is posted on or available through the Services. Any opinions, advice, statements or other information expressed or made available by Users or third parties, including but not limited to bloggers, are those of the respective User or other third party and not of Pekyu LLC. Pekyu LLC does not endorse and is not responsible for the accuracy or reliability of any opinion, advice or statement made on the Services.
THE CONTENT AVAILABLE VIA THE SERVICES IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER Pekyu LLC NOR ITS AFFILIATES OR USERS ARE ENGAGED IN RENDERING MEDICAL, COUNSELING, LEGAL, ACCOUNTING OR OTHER PROFESSIONAL SERVICES OR ADVICE. SUCH CONTENT IS INTENDED SOLELY AS A GENERAL EDUCATIONAL AID. IT IS NOT INTENDED AS MEDICAL, COUNSELING, LEGAL, ACCOUNTING, HEALTHCARE OR OTHER PROFESSIONAL ADVICE, OR TO BE USED FOR MEDICAL DIAGNOSIS OR TREATMENT FOR ANY INDIVIDUAL PROBLEM. IT IS ALSO NOT INTENDED AS A SUBSTITUTE FOR PROFESSIONAL ADVICE AND SERVICES FROM A QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR FAMILIAR WITH YOUR UNIQUE FACTS. ALWAYS SEEK THE ADVICE OF YOUR PHYSICIAN, QUALIFIED HEALTHCARE PROVIDER, ATTORNEY, ACCOUNTANT OR OTHER PROFESSIONAL ADVISOR REGARDING ANY QUESTION OR ISSUE YOU ENCOUNTER THAT REQUIRES SUCH PROFESSIONAL ADVICE.
You are responsible for all Content, including Content you provide under an Arrangement, that you submit, post, or otherwise make available to or through the Services ("User Content"). By doing so, you represent and warrant to Pekyu LLC that (a) your User Content is not subject to any confidentiality obligation to any third party, (b) you have all necessary permission to submit, post and otherwise make available such User Content, and (c) that your User Content will not contain any confidential, non-public, personal details regarding yourself or any third party. You agree that Pekyu LLC is not responsible for and not liable for any User Content.
Pekyu LLC makes no claims to ownership of User Content that you submit, post or otherwise make available to or through the Services and you shall continue to retain all ownership rights in your User Content and the right to use your User Content as you see fit. However, you hereby grant to Coach.me and its affiliates a worldwide, nonexclusive, perpetual, transferable, fully sub-licensable, royalty-free right and license to:
a. with respect to User Content, including User Content that you submit, post or otherwise make available in the public areas of the Services pursuant to an Arrangement, other than photos, graphics, audio, video, or journals that you submit, post or otherwise make available in public areas of the Services (e.g. not intended as a private communication), use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display such User Content (in whole or part) worldwide via the Services or otherwise, and/or to incorporate it in other works in any form, media, or technology now known or later developed;
b. with respect to User Content, including User Content that you provide through the Services pursuant to an Arrangement, that you post or otherwise make available in the user-to-user private communication tools and features of the Services, to use such User Content to facilitate your user-to-user private communication within the Services; and
c. with respect to photos, graphics, audio, video or journals that you submit, post or otherwise make available in public areas of the Website, use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform and publicly display such User Content for the purpose for which such User Content was submitted, posted or made available, and for informational, promotional or other related purposes by Coach.me.
Pekyu LLC may create features of the Services that allow Users to post opinions on and reviews of specific Advisors ("User Reviews"). All such User Reviews will not be verified or approved by Pekyu LLC and will not be the opinion of Pekyu LLC. Each User should undertake their own research to be satisfied that a specific Advisor is the right person for the desired Services. As an Advisor, you agree that Pekyu LLC will not and is not liable for any User Reviews. For purposes of this Terms of Service, User Reviews will be deemed part of User Content.
SOCIAL MEDIA AND NETWORKING SITES
As part of the functionality of the Services, you may link your Account with online accounts you may have with third party service providers (each such account, a "Third Party Account") by either: (i) providing your Third Party Account login information through the Services; or (ii) allowing Pekyu LLC to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Pekyu LLC and/or grant Pekyu LLC access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Pekyu LLC to pay any fees or making Pekyu LLC subject to any usage limitations imposed by such third party service providers. By granting Pekyu LLC access to any Third Party Accounts, you understand that (i) Pekyu LLC may access, make available and store (if applicable) any content that you have provided to and stored in your Third Party Account (the "SNS Content") so that it is available on and through the Services via your Account, including without limitation any friend lists, and (ii) Pekyu LLC may submit and receive additional information to your Third Party Account to the extent you are notified when you link your Account with the Third Party Account. Unless otherwise specified in these Terms of Service, all SNS Content, if any, shall be considered to be User Content for all purposes of these Terms of Service. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts may be available on and through your Account on the Services. Please note that if a Third Party Account or associated service becomes unavailable or Pekyu LLC's access to such Third Party Account is terminated by the third party service provider, then SNS Content may no longer be available on and through the Services. You will have the ability to disable the connection between your Pekyu LLC Account and your Third Party Accounts at any time. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Pekyu LLC makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement, and Pekyu LLC is not responsible for any SNS Content.
You acknowledge and agree that the Services may access your e-mail address book associated with a Third Party Account and your contacts list stored on your mobile device or tablet computer solely for the purposes of identifying and informing you of those contacts who have also registered to use the Services. You can deactivate the connection between the Pekyu LLC Services and your Third Party Account through the Settings area and this will delete any information stored on Pekyu LLC's servers that was obtained through such Third Party Account.
RESTRICTIONS ON USE OF SERVICES
Your use of the Services and the relating licenses granted hereunder are conditioned upon you not doing any of the following in connection with using the Services:
- Post, upload, publish, submit or transmit any information or other material that: (i) infringes, misappropriates or violates a third party's patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances (including but not limited to activities that promote or provide instructional information regarding the manufacture or purchase of illegal weapons or illegal substances).
- Provide Users with medical, counseling, legal or other professional services or advice.
- Access, tamper with, or use non-public areas of the Website, Pekyu LLC's computer systems, or the technical delivery systems of Pekyu LLC's providers; Attempt to probe, scan, or test the vulnerability of any Pekyu LLC system or network or breach any security or authentication measures;
- Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Pekyu LLC or any of Pekyu LLC's providers or any other third party (including another User) to protect the Services;
- Attempt to access or search the Services through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than tools that access or search the Services through software and/or search agents provided by Pekyu LLC or other generally available third party web browsers (such as Microsoft Internet Explorer, Google Chrome, Mozilla Firefox, Safari or Opera);
- Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail, spam, chain letters or other form of solicitation;
- Use any meta tags or other hidden text or metadata utilizing a Pekyu LLC trademark, logo, URL or product name;
- Use the Services for any commercial purpose or the benefit of any third party or in any manner not permitted by the Terms of Service;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Services to send altered, deceptive or false source-identifying information;
- Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Services;
- Interfere with, or attempt to interfere with, the access of any User, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Website;
- Collect or store any personally identifiable information from the Services from other Users without their express prior permission;
- Impersonate or misrepresent your affiliation with any person or entity;
- Violate any applicable law or regulation;
- Contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
- "Stalk" or otherwise harass anyone;
- Collect personal data about other Users for commercial or unlawful purposes;
- Post non-local or otherwise irrelevant content, repeatedly post the same or similar content;
Pekyu LLC will have the right to investigate and prosecute violations of any of the above, including providing medical, counseling, legal or other professional advice, or intellectual property rights infringement and Services security issues, to the fullest extent of the law. Pekyu LLC may involve and cooperate with law enforcement authorities in prosecuting Users who violate the Terms of Service. You acknowledge that Pekyu LLC has no obligation to monitor your access to or use of the Services or to review or edit any Content, but has the right to do so for the purpose of operating the Services, to ensure your compliance with the Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Pekyu LLC reserves the right, at any time and without prior notice, to remove or disable access to any Content that Pekyu LLC, in its sole discretion, considers to be in violation of the Terms of Service or otherwise harmful to the Services.
Users do not have authority to enter into written or oral — whether implied or express — contracts on behalf of Pekyu LLC. Each User acknowledges that Pekyu LLC does not, in any way, supervise, direct, or control an Advisor's work or Services performed in any manner. Pekyu LLC does not set a Advisors's work hours or location of work. Pekyu LLC will not provide any equipment, labor or materials needed for a particular Arrangement.
The Services are not an employment service and Pekyu LLC does not serve as an employer of any User. As such, Pekyu LLC will not be liable for any tax or withholding, including but not limited to unemployment insurance, employer's liability, social security or payroll withholding tax in connection with your use of the Services.
DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify Pekyu LLC's copyright agent, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For your complaint to be valid under the DMCA, you must provide the following information in writing:
1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
2. Identification of the copyrighted work that you claim is being infringed;
3. Identification of the material that is claimed to be infringing and where it is located on the Services;
4. Information reasonably sufficient to permit Pekyu LLC to contact you, such as your address, telephone number, and e-mail address;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
Pekyu LLC's Designated Copyright Agent to receive notifications of claimed infringement can be reached as follows:
Attention: Copyright Agent
2800 Quarry Lake Drive,
Baltimore, MD 21209
For clarity, only DMCA notices should go to the Pekyu LLC Designated Copyright Agent. Any other feedback, comments, requests for technical support or other communications should be directed to Pekyu LLC's customer service through info [at] pekyu [dot] com.
THIRD PARTY SITES / LINKS / ADS
Your dealings with advertisers or other third parties found on or accessible through the Services are solely between you and such third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Third party links are provided solely as a convenience to you and should not be construed as an endorsement by Coach.me of content, items, or services provided on such third-party sites. You shall access and use such third party sites, including the content, items, or services on those sites, solely at your own risk.
Pekyu LLC does not make any representations or warranties with respect to any content or privacy practices, or otherwise with respect to such third parties or any items or services that may be obtained from such third parties, and you agree that Pekyu LLC will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of links or ads of such third parties on the Services.
If there is a dispute between you and any such third party, you understand and agree that Pekyu LLC shall be under no obligation to become involved.
You represent and warrant that any Content you provide, submit or post to the Services will be non-confidential and Pekyu LLC will not be liable for any use or disclosure, whether by Pekyu LLC or Users, of Content. You acknowledge and agree that your relationship with Pekyu LLC or your Arrangement with a User is not a confidential relationship.
As an Advisor, you may receive non-public information from Clients that would reasonably be understood, under the circumstances, as confidential information, including personal details of Clients ("Confidential Information"). As an Advisor, you acknowledge and agree not to use any Confidential Information of a Client for any purpose other than for providing the Coaching Services to such Client. You shall not disclose or permit disclosure of any Confidential Information of a Client to any third parties. You agree to take all reasonable measures to protect the secrecy of and avoid disclosure or use of Confidential Information of a Client in order to prevent it from falling into the public domain or the possession of third parties. You agree to notify the Client of any actual or suspected misuse or unauthorized disclosure of Confidential Information of the Client's which may come to your attention. Confidential Information you receive regarding a Client will not be deemed Confidential Information if it: (a) was in the public domain, including publicly available through the Services at the time it was disclosed or has entered the public domain through no fault of your own; (b) was known to you, without restriction, excluding restriction imposed by Clients in anticipation of entering into an Arrangement, at the time of disclosure, as demonstrated by evidence in existence at the time of disclosure; (c) is disclosed with the prior written approval of the Client; or (d) becomes known to you, without restriction, from a source other than the Client without your breach of these Terms of Service.
DISCLAIMER OF WARRANTIES
YOU AGREE THAT THE USE OF THE SERVICES IS ENTIRELY AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. Pekyu LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Pekyu LLC DOES NOT MAKE ANY WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. Pekyu LLC MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES. Pekyu LLC DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE SERVICES. Pekyu LLC DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE SERVICES. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
LIMITATIONS OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Pekyu LLC BE LIABLE FOR ANY DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM ANY ASPECT OF YOUR USE OF THE WEBSITE, CONTENT OR SERVICES. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SERVICES. YOU SPECIFICALLY ACKNOWLEDGE THAT Pekyu LLC IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES. ADDITIONALLY, IN NO EVENT WILL Pekyu LLC OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR ANY OTHER SUCH DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE THE SERVICES; (2) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEBSITES; (3) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (4) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR (5) ANY OTHER MATTER RELATING TO THE SERVICES. THESE LIMITATIONS WILL APPLY WHETHER OR NOT Pekyu LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you.
You agree to indemnify and hold harmless Pekyu LLC, its directors, officers, employees, agents, and affiliates, from and against any and all liability, damages, losses, claims, expenses of any kind (including, without limitation, reasonable attorneys' fees) directly or indirectly related to (1) your breach of the Terms of Service; (2) the User Content, including if you are a Advisor your Services, that you provide, create, submit, post, or transmit through the Services or offline; or (3) your (a) use of the Services, (b) your Arrangement or interaction with any other User, and (c) if you are an Advisor, the use of your Content or Services by any User or third party, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental or otherwise) of any kind arising in connection with or as a result of an Arrangement.
TERMINATION AND SURVIVAL
Either party may terminate the Terms of Service for any or no cause, at any time. After termination, you shall no longer access or utilize the Services. The provisions of this Agreement which by their intent or meaning intended to survive such termination, including without limitation the provisions relating to disclaimer of warranties, limitations of liability, and indemnification, shall survive the any termination of these Terms of Service and any termination of your use of or subscription to the Services and shall continue to apply indefinitely. If Pekyu LLC terminates or suspends your right to use the Services, you will not entitled to any refund of unused balance in your Account.
If any provision of the Terms of Service is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties' intentions as reflected in that provision, and the remaining provisions contained in the Terms of Service shall continue in full force and effect.
These Terms of Service and the resolution of any dispute related to these Terms of Service or the Services shall be governed by and construed in accordance with the laws of Maryland without giving effect to any principles of conflicts of law. Any legal action or proceeding between Pekyu LLC and you relating to the Terms of Service or the Services shall be brought exclusively in a court of competent jurisdiction sitting in Baltimore, Maryland United States, and you agree to submit to the personal and exclusive jurisdiction of such courts.
If you have any questions or concerns with respect to these Terms of Service or the Services you may contact a representative of Pekyu LLC by mailing Pekyu LLC 2800 Quarry Lakes Drive, Baltimore, MD 21209 USA.
© 2016 Pekyu LLC.