Peareo User Agreement
II. Use of Peareo
By using and accessing the Services you agree to not:
A. Distribute any virus, code, or other technology that may cause harm to Peareo or other Peareo users;
B. Violate, breach, or otherwise circumvent any laws, rights of any third party;
C. Violate, breach, or otherwise circumvent any of the Peareo systems or policies;
D. Use the Services if you are not able to form legally binding contracts;
E. Use the Services if you have been temporarily, indefinitely, or permanently banned or suspended from using the Services;
F. Copy, reproduce, reverse engineer, modify, create derivative works from, distribute, or publicly display any content other than information provided by you, form the Peareo sites or Services without the express written permission of Peareo and/or the appropriate third party, as applicable;
G. Fail to complete any transaction to which you have agreed. For example, after agreeing to a trade or other exchange of goods, you must deliver the items which you have agreed to provide as part of the trade. If you and another user have agreed to a transaction which includes the exchange of funds, you must complete the transaction unless the terms of the transaction are materially changed or if one party materially alters the description of the item after the terms were agreed to;
H. Change or alter the information contained in any other user’s listing or post;
I. Post, list, or display any information that is false, misleading or otherwise inaccurate;
J. Post, list, or display any information that is defamatory, libelous, or otherwise attacks another person’s character;
K. Transfer your Peareo account to any other person or party;
L. Send, distribute, or post spam, unsolicited or bulk electronic communications or chain communications;
M. Post or list any pyramid scheme;
N. Use any automated technology, including but not limited to robots, scrapers, and spiders, to access the Services for any reason or purpose;
O. Do or perform any action that would affect the performance of the Services or Peareo infrastructure;
P. Violate any export control laws in the applicable jurisdiction;
Q. Collect any information about Peareo users, including their physical or email address, without the express consent of the user; or
R. Modify, copy, or distribute any rights or contents from the Services or Peareo intellectual property;
Peareo reserves the right to suspend or terminate any accounts which violate this User Agreement or otherwise are operated in a manner which disrupts the Services and the spirit of Peareo operations.
III. Abuse of Peareo
Peareo may, in addition to any other remedies, suspend, terminate, or limit any user account or the Services, in whole or in part, remove any content if, in Peareo’s sole opinion:
A. You fail to pay any fees when due;
B. Peareo is unable to verify or otherwise authenticate any information you provide;
C. You are infringing on the rights of Peareo or any third party;
D. You are not in compliance with this User Agreement or the spirit of Peareo; or
E. You are doing anything that causes any legal problem or liability.
Peareo reserves the right to take any action it deems necessary in protecting its rights and the Services, in resolving any issues that may arise between users with regard to a transaction, or regarding any communications between Peareo and/or users.
IV. Conditions for Posting or Listing on Peareo
When you list or otherwise post an item on the Peareo sites, you agree to comply with this User Agreement and further agree that:
A. All information you provide shall be accurate and you are solely responsible for the content of the listing and the item offered in the listing.
B. Peareo is unable to guarantee listing times or information.
C. Some listings may not appear in some search and browse results depending on factors involved with Peareo’s search and display technology.
V. Conditions for Responding to a Listing or Posting on Peareo
When you respond to a listing or posting on Peareo and agree to proceed with a transaction, you agree to comply with this User Agreement and that:
A. Peareo does not transfer legal ownership of the items between parties.
B. You will enter into a legally binding contract when you commit to a transaction.
C. You are responsible for reading and understanding the complete listing provided by the buyer and confirming all information included in the listing.
D. Peareo does not confirm, guarantee, or otherwise review information contained in a listing or posting.
VI. Content License and Warranty
You provide Peareo with a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (multiple) right to exercise any and all copyright, publicity, trademarks, database rights and intellectual property rights you have in the content, in any media known now or in the future for any information you provide in a listing or posting on any Peareo or Peareo-related site.
To the fullest extent permitted under applicable law, you waive your rights and promise not to assert rights in the preceding paragraph against Peareo, including its sublicensees and assignees.
For any information or content included in a posting or listing you put on Peareo or any Peareo-related site, you represent and warrant that it does not infringe on any intellectual property right. Such representation and warranty includes your providing of information or content to Peareo, your posting or listing of the information or content using the Services, and Peareo’s use of the information or content (including work derived from it) in connection or conjunction with the Services.
VII. Disclaimer of Warranties
Peareo provides the Services to you “AS IS” and your use is at your own risk. Peareo, to the extent permitted by applicable law, disclaims all express or implied warranties including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, ad non-infringement.
VIII. Limitation of Liability and Release
By using the Peareo Services, you agree to not hold Peareo, including its employees, officers, directors, shareholders, subsidiaries, affiliates, agents, and employees (collectively the “Peareo Parties”) liable for any claims, damages, disputes, demands, losses, or liabilities (collectively “Claims”) and you agree to release the Peareo Parties from any Claims arising from (i) your use of the Services; (ii) the inability to use the Services for any reason for any duration of time; or (iii) the acts or omissions of any other Peareo user including, but not limited to, providing false, inaccurate, or defamatory information, or the failure of another user to complete a transaction, provide a service, or ship an item.
Peareo shall not liable for any loss of profits, loss of business, loss of money, loss of goodwill or reputation, or any special, indirect, or consequential damages, or any intangible losses you incur for any reason. To the extent Peareo is found liable for any reason, Peareo’s liability is limited to the amount of fees paid by you to Peareo in the 6 months preceding the claim, or $50.00, whichever is greater.
You agree to indemnify, defend, and hold the Peareo Parties harmless from and against any Claims, including reasonable attorneys’ fees, made by any third party arising, directly or indirectly, from your (i) use of the Services; (ii) violation of any law, regulation, or ordinance; (iii) violation of any third party right; or (iv) breach of the User Agreement or any other policy.
X. Contact Authorization
Peareo may contact you using telephone numbers you provide to Peareo or that Peareo has collected from third parties or otherwise obtained from third parties (including mobile telephone numbers). Such contact may include calls placed by auto-dialers and/or pre-recorded message calls. If the telephone number used by Peareo to contact you is a mobile telephone number or mobile device, you agree and consent to receive SMS or other text messages at that number. Any contact to a mobile telephone number or device may incur standard telephone and text charges. Contact in the manner described and provided above may be made to (i) contact you regarding your account or your use of the Services, including but not limited to, collect a debt, resolve a dispute, or other otherwise enforce this User Agreement) or as authorized by applicable law, or (ii) contact you for marketing, promotional, or other reasons that you have previously consented to our that you may consent to in the future.
Peareo may share your telephone numbers or other contact information with Peareo’s service providers who assist in pursuing our rights or performing our obligations under the User Agreement, or any other agreement or policies Peareo may have with you. Peareo and its service providers may contact you by using any of the communication options included in this User Agreement, including autodialed or prerecorded message call and SMS or other text messages, but only to the extent authorized by Peareo to carry out the purposes identified in this User Agreement.
XI. Governing Law and Jurisdiction
The laws of the State of Nebraska will apply to any Claim that you may have against Peareo or any dispute governed by the User Agreement or any other policy, without regard to conflict of law principles. Any suit against Peareo shall be filed exclusively in the federal or state courts located in Douglas County, Nebraska.
Peareo may amend the User Agreement or any other policy by posting the amended language on the Peareo website. Any such amendment shall be effective 14 days after the amended terms are posted, unless the posting expressly states otherwise. Your continued use of the Peareo services shall confirm your agreement with the amended terms, along with any click-through agreement you may be asked to acknowledge, if any.
The User Agreement may be assigned by Peareo at any time in Peareo’s sole discretion. Any such assignment shall be effective when notice of the assignment is posted to the Peareo website or as may otherwise be permitted by the User Agreement. You shall not assign your rights under this User Agreement for any reason without the express written permission of Peareo, which Peareo may withhold in its sole discretion.
If any provision of this User Agreement is held or otherwise determined to be invalid, void, or unenforceable, that provision shall be stricken and shall not affect the enforceability or validity of the remaining provisions of the User Agreement.
This User Agreement does not create any partnership, agency, joint venture, employer-employee, or franchiser-franchisee relationship between you and Peareo. This User Agreement does not give any party third party beneficiary status.