pepelwerk Terms and Conditions of Use
Effective Date: August 8, 2022
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
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 Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.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
1.12 Geographic RestrictionsThe 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
2.2 TrademarksThe 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 InfringementIf 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.
2.5 BIOMETRIC INFORMATION PRIVACY STATEMENTpepelwerk 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.
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
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.
3.5 Links from the ServicesIf 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 firstname.lastname@example.org
4.1. App storesFor 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@example.com.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.
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>
9. Governing Law and Jurisdiction and Arbitration
10. Limitation on Time to File Claims
11. Waiver and Severability
12. Entire Agreement
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 firstname.lastname@example.org .