pepelwerk Terms and Conditions of Use
Effective Date: August 8, 2022
Acceptance of the Terms of Use
Welcome to pepelwerk. These Terms and Conditions of Use apply and govern the use of our digital products, content and off-life services that are accessed through or made available through a Services and/or mobile application and are designed to provide experiences for a law-abiding community who conduct themselves with integrity, authenticity, and respectable character. By using pepelwerk, you are agreeing to all the terms and conditions below.
These terms of use are entered into by and between you (referred to throughout as “user”, “registered user”, “guest”, “visitor”, “member”, “you”) and pēpəlwərk, LLC ("Company", "we" or "us"). The following terms and conditions, together with any documents that expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to, code of conduct, use of any content, functionality and services offered on or through www.pepelwerk.com, whether they are accessed or viewed on any third-party platforms, or pepelwerk owned platform, application or other digital or off-line product or service of the Company (collectively, the “Services”). Please read the Terms of Use carefully before you start to use the Services. By using, interacting or continued access of, the Services or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Services. If you proceed to scroll, view attempt or creep on our digital content, you have agreed to the Terms. THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER IN SECTION 14. THIS PROVISION AFFECTS YOUR RIGHTS TO RESOLVE DISPUTES WITH PEPELWERK AND YOU SHOULD REVIEW IT CAREFULLY. YOUR CHOICE TO MAINTAIN AN ACCOUNT, ACCESS OR USE THE SERVICES (REGARDLESS OF WHETHER YOU CREATE AN ACCOUNT WITH US) CONSTITUTES YOUR AGREEMENT TO THESE TERMS AND OUR PRIVACY POLICY, IF YOU DISAGREE WITH ANY PART OF THE TERMS, THEN YOU ARE NOT PERMITTED TO USE OUR SERVICES. Please feel free to contact us at [email protected] if you have any questions.Guest or User Intent
1. Use of the Services
1.1 Who can use
The content made available through our Services, does not have any age limitations, however, there may be age limitations for the use of our services and software and sometimes additional terms or requirements will apply. By using this Services, you represent and warrant that you are of legal age to form a binding contract with the Company, or have obtained consent from a legal guardian, and meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Services or any of the Company’s products or services.
1.2 Your Account
To access Services by pepelwerk.com you will have to create an account. It's important that you keep your account accurate and up to date. Your account may also automatically provide you access and means to use any new Services.
1.3 Accessing the Services and Account Security We reserve the right to withdraw or amend Services, and any service or material we provide on the Services, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users. You are responsible for: · Making all arrangements necessary for you to have access to the Services. · Ensuring that all persons who access the Services through your internet connection are aware of these Terms of Use and comply with them. To access the Services 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 Services that all the information you provide on the Services is correct, current and complete. You agree that all information you provide to register with this Services or otherwise, including but not limited to using any interactive features on the Services, 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 user name, 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. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Services or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name 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 user name, 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 these Terms of Use. .1.4 Changes to the Terms of useWe may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Services. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access this Services so you are aware of any changes, as they are binding on you. 1.5 Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services: · 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). · For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise. · To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out below in these Terms of Use. · To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation. · To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing). · To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Services, or which, as determined by us, may harm the Company or users of the Services or expose them to liability. Additionally, you agree not to: · Use the Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Services, including their ability to engage in real time activities through the Services. · Use any robot, spider or other automatic device, process or means to access the Services for any purpose, including monitoring or copying any of the material on the Services. · Use any manual process to monitor or copy any of the material on the Services or for any other unauthorized purpose without our prior written consent. · Use any device, software or routine that interferes with the proper working of the Services. · 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 Services, the server on which the Services is stored, or any server, computer or database connected to the Services. · Attack the Services via a denial-of-service attack or a distributed denial-of-service attack. · Otherwise attempt to interfere with the proper working of the Services
1.6 Monitoring and Enforcement; Termination We have the right to: · Remove or refuse to post any User Contributions for any or no reason in our sole discretion. · Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Services or the public or could create liability for the Company. · Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy. · Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services. · Terminate or suspend your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms of Use. 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 any materials on or through the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. However, we cannot review all material before it is posted on the Services, 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.
1.7 Content Standards These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not: · Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable. · Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age. · Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person. · Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy · Be likely to deceive any person. · Promote any illegal activity, or advocate, promote or assist any unlawful act. · Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person. · Impersonate any person, or misrepresent your identity or affiliation with any person or organization. · Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising. · Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
1.8 Reliance on Information Posted
The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
This Services may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.1.9 Changes to the Services
We may update the content on this Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
1.10 Information About You and Your Visits to the Services
All information we collect on this Services is subject to our Privacy Policy using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
1.11 Online Purchases and Other Terms and ConditionsAll purchases through our web-based portal or purchases that are made on your behalf that cover your transactions, access, or services, or information formed through the Services or because of visits made by you are governed by our Payment Terms, which are hereby incorporated into these Terms of Use. Additional terms and conditions may also apply to specific portions, services or features of the Services. All such additional terms and conditions are hereby incorporated by this reference into the Terms of Use.
1.12 Geographic Restrictions
The owner of the Services is based in the state of Texas in the United States. We provide this Services for use only by persons located in the United States. We make no claims that the Services or any of its content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries, or in certain states. If you access the Services from outside the United States, or in countries where services are restricted or prohibited, you do so on your own initiative and are responsible for compliance with local laws.2. Ownership and Use of Content
2.1 Intellectual Property Rights
The Services 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. These Terms of Use permit you to use the Services 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 our Services, except as follows: · Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. · You may store files that are automatically cached by your Web browser for display enhancement purposes. · You may print or download one copy of a reasonable number of pages of the Services for your own personal, non-commercial use and not for further reproduction, publication or distribution. · 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 our end user 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. · Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text. · Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site. You must not access or use for any commercial purposes any part of the Services or any services or materials available through the Services. If you wish to make any use of material on the Services other than that set out in this section, please address your request to: [email protected] If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services 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 Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.
2.2 Trademarks
The Company name, the terms and slogans, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Services are the trademarks of their respective owners.
2.3 Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy or instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
2.4 User Contributions
The Services may contain sharing functions, news feeds, message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Services. All User Contributions must comply with the Content Standards set out below in these Terms of Use. Any User Contribution you post to the site or your account will be considered non-confidential and non-proprietary. By providing any User Contribution on the Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the right to use, reproduce, modify, perform, display, distribute and otherwise disclose to third parties any such material for any purpose/according to your account settings and with the intended use of pepelwerk. You represent and warrant that: · You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns. · All your User Contributions do and will comply with these Terms of Use. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Services.
2.5 BIOMETRIC INFORMATION PRIVACY STATEMENT
pepelwerk will not sell, rent, or trade your Biometric Information, and after verification you may request, we delete your Biometric Information. Your Biometric Information will only be used by Pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. Pepelwerk will transfer your Biometric Information to our third-party partners only when required by a subpoena, warrant, or other court ordered legal action.
2.6 BIOMETRIC INFORMATION PRIVACY POLICY
This Biometric Information Privacy Policy describes how Pepelwerk collects and uses certain Biometric Information, including facial geometry, in connection with the Services we provide, and you voluntarily elect to participate in or use. Please carefully review this Biometric Information Privacy Policy prior to consenting to our collection and use of your Biometric Information. Please note that once consent has been provided for the collection and processing of Biometric Information as part of your verification it may not be revoked where it is required to complete the transaction for which it was collected, or to complete the verification Services. Additionally, by consenting to the collection and use of your Biometric Information you acknowledge that you have been provided with, and agree to be bound by, the Pepelwerk Terms of Service and the Pepelwerk Privacy Policy. Biometric Information is a form of Personal Information related to biometric characteristics which may be used to identify you. Common examples include fingerprints, voiceprints, scans of a hand, facial geometry recognition, and iris or retina recognition. As used in this policy, Biometric Information includes any “biometric identifiers” or “biometric information” as defined under applicable law. The information we collect will vary depending on the specific type of Services you voluntarily access or use. Many Pepelwerk Services do not require Biometric Information, When you sign up for an applicable pepelwerk Service we may collect the following Biometric Information: • Facial Biometrics: Our Service may require you to upload an image of your government issued or other identification document(s) as well as your photographic image or "selfie" photograph using your mobile or other device. We use these images to create a facial geometry or faceprint which we use for purposes of identity verification and to prevent the creation of multiple accounts in a fraudulent manner. We use your Biometric Information only as follows: • To demonstrate you are credible user and verify your identity when you are opening an account or using our Services. • To authenticate your profile and use of your account and the Services for a transaction. • To prevent fraudulent uses of pepelwerk’s Services or the creation of multiple accounts; and • To help you identify attributes Pepelwerk will only share your Biometric Information with our partners in the following circumstances: • To third party service providers that perform functions on our behalf. These service providers are limited to using the Biometric Information to assist in our provision of Services, and must maintain any Biometric Information we share in a secure fashion. Pepelwerk will not sell, rent, or trade your Biometric Information. Your Biometric Information will only be used by pepelwerk to verify your identity in accordance with the guidelines published by the National Institute for Standards and Technology or as required for the prevention of fraud. In fulfilling our Services to you, pepelwerk will transfer your Biometric Information to our third party partners only when required by a subpoena, warrant, or other court ordered legal action. Pepelwerk may retain your Biometric Information for up to thirty-six months. Pepelwerk collects and processes your Biometric Information to verify your identity and help prevent fraud. Biometric Information is retained in line with Pepelwerk’s obligations to our partners, with the specific retention periods determined by the first partner with whom a user first verifies their identity (e.g., IRS, Dept. of Veterans Affairs, a state workforce agency, etc.) Certain partners may require this information to be purged within twenty-four (24) hours following a successful verification, other partners may require a longer retention period, but under no circumstances will Pepelwerk retain this information for longer than thirty-six (36) months absent a subpoena, warrant, or other legally compelling justification. For Pepelwerk members who are residents of Illinois, in accordance with Illinois state law pepelwerk will retain Biometric Information only until the occurrence of the first of the following:(a) The initial purpose for collecting or obtaining such Biometric Information has been satisfied; or (b) Three (3) years following your last interaction with Pepelwerk. Yes, you may direct Pepelwerk to delete your Biometric Information. After successfully verifying your identity, you may request that pepelwerk delete your Biometric Information. You may request the deletion of both the selfie image and Biometric Information submitted during your verification by submitting a request through the Pepelwerk “Privacy Rights Center” which is accessible via a link at the bottom of our Services, or under the “Privacy” setting in your account. Deletion of the selfie image and associated Biometric Information may take up to seven (7) days and will not impact the validity of your credential or verified status. Pepelwerk reserves the right to retain this information as needed to comply with our legal obligations, including warrants, subpoenas, or other court orders, or to help prevent fraud. Pursuant to the California Consumer Privacy Act of 2018 (CCPA), residents of California are entitled to additional rights and disclosures regarding their Personal information, including Biometric Information. Please see our Notice to California Residents for additional details regarding these disclosures and how to exercise your rights. If you are a resident of California, it is responsibility to notify us directly of your request at [email protected] Yes, you may refuse to consent for the collection of your Biometric Information. Please note that if you refuse to consent to the collection and processing of your Biometric Information then we may not be able to verify you at the required level of assurance for use of all our Services. We are committed to protecting your information. We have adopted technical, administrative, and physical security procedures to help protect your information from loss, misuse, unauthorized access, and alteration. Please note that no data transmission or storage can be guaranteed to be 100% secure. We employ appropriate security safeguards. To safeguard certain sensitive information (such as Biometric Information and government-issued identification information), we implement security measures such as encryption, firewalls, and intrusion detection and prevention systems. This Biometric Information Privacy Policy may be periodically updated. From time-to-time we may update this policy to reflect new features or changes in our Personal Information practices or our Services. We will post a notice for users at the top of this Privacy Policy addressing any significant changes.3. Third Party Links and Services
Our Services may link to, interact with or be available on third-party services or products such as social media and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies apply to your usage of such services.
3.1 Social Networking and Logins
You may enable or log in to the Services via various online third-party services, such as social media and social networking services like Facebook (“Social Networking Services”). To take advantage of these features and capabilities, we may ask you to authenticate, register for, or log into Social Networking Services on the Services of their respective providers. As part of this integration, the Social Networking Services will provide us with access to certain information you have provided to them, and we will use, store, and disclose such information in accordance with our Privacy Policy. Please remember the way Third Party Services (including Social Networking Services) use, store, and disclose your information is governed solely by the policies of those Third-Party Services, and we have no liability or responsibility for the privacy practices or other actions of any third-party Services or service that may be enabled within the Services. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available in connection with Social Networking Services. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Social Networking Services.
3.2 Third-Party Applications
You may be able to access certain third-party links, applications, content, services, promotions, special offers, or other events or activities (“Third-Party Applications”) via our Services. If you choose to access these Third-Party Applications, you may be requested to log-in and sync your accounts with such applications. You are in no way obligated to use any Third-Party Applications, your access and use of such applications is entirely at your own risk, and we have no associated liability. In addition, we are not responsible for the accuracy, availability, or reliability of any information, content, goods, data, opinions, advice, or statements made available by any Third-Party Applications. As such, we are not liable for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such Third-Party Applications.
3.3 Third Party Products
Our Services may be accessed on third-party devices or other products (“Third Party Products”), and your ability to use certain features of the Services may require you to purchase Third-Party Products (e.g., fitness trackers, smart scales, etc.). While we may recommend, promote, or market the products of certain partners, we have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
3.4 Linking to the Services and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent. This Services may provide certain social media features that enable you to: · Link from your own or certain third-party Servicess to certain content on this Services. · Send e-mails or other communications with certain content, or links to certain content, on this Services. · Cause limited portions of content on this Services to be displayed or appear to be displayed on your own or certain third-party Servicess. You may use these features solely as they are provided by us solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not: · Establish a link from any Services that is not owned by you. · Cause the Services or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site. · Link to any part of the Services other than the homepage. · Otherwise take any action with respect to the materials on this Services that is inconsistent with any other provision of these Terms of Use. The Services from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our discretion.
3.5 Links from the Services
If the Services contains links to other sites and resources provided by third parties, these 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 third-party Services linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Services.4. Accessing Services
We would like to make all services available on a variety of platforms but that is not always possible. Every app store provider, platform, or marketplace where you may access pepelwerk has different requirements based on who owns the service or what location the service is provided in and the local laws or business policies that govern it.
If you have an access concern, please email [email protected]
4.1. App stores
For these reasons mentioned above, we can't guarantee which app store(s) is(are) compatible or that they will include all the same features that are available through web-based platforms. If you use an App, your standard data and messaging rates will apply, and the rules of the app store from which you are downloading will also apply. If you download the App from a third-party app store (the “App Provider”), you acknowledge and agree that: • The Terms are an agreement between us, and not with the App Provider. As between pepelwerk and the App Provider, pepelwerk is solely responsible for its applications; • The App Provider has no obligation to provide any maintenance and support services with respect to the App; • In the event of any failure of the App to conform to any applicable warranty, (i) you may notify the App Provider and the App Provider may refund the purchase price for the App to you (if applicable), (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever with respect to the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be, as between Pepelwerk and the App Provider, Pepelwerk’s responsibility; • The App Provider is not responsible for addressing any claims you have relating to the App or your possession and use of the App; • If a third party claims the App infringes another party’s intellectual property rights, as between the App Provider and Pepelwerk, Pepelwerk will be responsible for the investigation, defense, settlement and discharge of any such claim to the extent required by these Terms; • The App Provider and its subsidiaries are third-party beneficiaries of these Terms as it relates to your license to the App. Upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you as a third-party beneficiary thereof; and • You must also comply with all applicable third-party terms of service when using the App.
4.2 Wireless Carrier and Device Considerations
To use or access our App, you will need a compatible device. We cannot guarantee the App will be compatible with, or available on, your device. We do not charge for use of the App. Your phone company’s normal messaging, data, and other rates and fees, however, will still apply. You may be required pay fees to access certain special features and content.
4.3 Mobile Application License
We hereby grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to use the App downloaded directly from a legitimate marketplace, solely in object code format and solely for your personal use for lawful purposes. With respect to any open source or third-party code that may be incorporated in the App, such open-source code is covered by the applicable open source or third-party license EULA, if any, authorizing use of such code.
5. Work-life guidance, job matching, learning and other Services
It’s important to us that everyone get access to the tools, services, information, and innovations in technology that help people achieve realistic work-life goals and make informed decisions about what to do for education, jobs, mentorship, and community connections. We provide the advice, suggestions, and recommendations to you based on your input, approval, and consent. If you accept our recommendations, guidance or suggestions and act on them, you are doing so of your own free will.
Please be responsible and use your best judgment and common sense. We provide our Services for information purposes only and can't be held liable if you suffer any adverse unintended consequences.5.1 Safety First
Pepelwerk cares about your safety. We are closed marketplace eco-system helped to reduce your profile and personal information from being scraped or misused by public domain digital and cloud-based platforms. That doesn’t mean we can eliminate it completely.
Follow these guidelines improve your safety and security: • Keep communication in the platform. • Do not give anyone your home address • If you meet with someone in person, make sure it is in a public location and during day-light hours If you feel threaten or unsafe in any way, immediately report the concern to [email protected]. We are not responsible or liable, either directly or indirectly, for any injury (mental, physical or otherwise), illness, or damages sustained from your use of, or inability to use, any Services or features of the Services, including any Content or activities you access or learn about through our Services even if caused in whole or part by the action, inaction, or negligence of Pepelwerk or others.5.2 Disclaimer Regarding Accuracy and Reliance on Content
We make no representations or warranties as to the accuracy, reliability, completeness, or timeliness of any Content available through the Services, and we make no commitment to update such Content.
In addition, User-Generated Content, including advice, statements, or other information, are not produced by Pepelwerk, and should not be relied on without independent verification. User-Generated Content, whether publicly posted or privately transmitted, is the sole responsibility of the user from whom such User-Generated Content originated. All information is provided “as is” without any representation, warranty or condition as to its accuracy or reliability. In particular, Pepelwerk’s matching database and recommendations engine (“Matching Database”) contains a combination of information entered by pepelwerk. pepelwerk members and third-party sources. Any user of the Services can contribute to or edit information in the Matching Database. Please be advised that matching information in the Database has not been reviewed by persons with the expertise required to provide you with complete, accurate, or reliable information. Pepelwerk does not (i) guarantee the accuracy, completeness, or usefulness of any matching information or recommendations in or made because of the Matching Database; or (ii) adopt, endorse or accept responsibility for the accuracy or reliability of any such information. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible for any loss or damage (physical, mental, financial, or otherwise) resulting from your reliance on Matching Database. You are solely responsible for use and interpretation of this information. Not all users who may identify themselves as career coaches or mentors are licensed, or need to be licensed, in all applicable jurisdictions. Pepelwerk has no and assumes no obligation to verify that users who identify themselves career coaches or mentors are licensed or qualified. Relying on any advice provided by other users is at your own risk. To the extent permitted by applicable law, under no circumstances will pepelwerk be responsible or liable for any loss or damage resulting from your reliance on information or advice provided by any user of our Services. The Premium Services provide you access to certain specialized Content—namely coaching and guidance and goal setting and management (“Plans”). The Plans are only recommendations. They should be taken as a point of view, opinion, and suggestion. Plans are not a substitute for and are not an alternative to taking all necessary actions independently to accomplish your work goals. YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH THE PLANS.5.4 Success Stories Not Typical
Success stories posted by users or pepelwerk on our Services may not represent typical or even accurate results obtained from interacting with or using the Companies Services. To the extent permitted by applicable law, Pepelwerk has no and assumes no obligation or liability associated with the accuracy, reliability or effectiveness of any recommendation contained in any user success stories.
5.5 Accuracy
The Services are intended to provide you with information to encourage you to reach your work life goals. Some of the Services are aimed at tracking your activity (“Activity Tracking Services”). These Activity Tracking Services rely on collecting your user behavior while using Services. The data and information provided by the Activity Tracking Services are intended to be a representation of your activity and will be up to the user to edit, change or modify to ensure accuracy. By using Activity Tracking Services, you acknowledge and agree that pepelwerk is not responsible or liable for any inaccuracy in such data.
6. Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY SERVICES LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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 SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES 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.7. Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS 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 SERVICES, ANY SERVICESS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER SERVICESS OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR SUCH OTHER SERVICESS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, 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.8. Indemnification
You agree to defend, indemnify and hold harmless the Company, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, your User Contributions, any use of the Services’ content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Services.
9. Governing Law and Jurisdiction and Arbitration
All matters relating to the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule.
YOU AND PEPELWERK, LLC. ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION. ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO THESE TERMS OF USE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed, and the remaining arbitration terms will be enforced.10. Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
11. Waiver and Severability
All information we collect on this Website is subject to our Privacy Policy y using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
12. Entire Agreement
The Terms of Use, our Privacy Policy, Copyright Policy, Payment Terms, and User Agreements constitute the sole and entire agreement between you and pepelwerk, LLC. with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Services.
13. Your Comments and Concerns
The Services under this agreement are operated by pepelwerk, LLC all feedback, comments, requests for technical support, copyright infringement claims and other communications relating to the Services should be directed to [email protected] .
