Welcome to PeckApp!
ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. ANY DISPUTES WILL BE SETTLED BY BINDING, INDIVIDUAL ARBITRATION AND YOUR RIGHT IS WAIVED TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR ANY FORM OF A CLASS-WIDE ARBITRATION.
Thank you for choosing NPZ’s PeckApp.
In exchange for using the PeckApp, we need you to understand and agree on a few things.
1. Your Obligations
By using the PeckApp, you agree to:
have the power to enter a binding contract with us and not be barred from doing so under any applicable laws;
form a binding agreement with NPZ with respect to these Terms;
comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations;
not use the PeckApp to perform any illegal activities;
not use any automated means or interface to access the PeckApp or collect other user’s information;
not share another user’s information without their consent;
not share information that is not yours to share;
not enter false information into your Peck Profile;
not violate any traffic laws while using the PeckApp;
allow for us to use the information you choose to enter into the PeckApp; and
not generate any code or third-party systems to intervene with the security of the PeckApp.
NPZ, LLC does not permit the usage of the PeckApp with respect to the following:
individuals that are under the age of 13;
individuals aged 13-17 without the consent of a parent or legal guardian;
individuals who are convicted sex offenders;
individuals who do not reside in the United States;
individuals who enter false information into the PeckApp for the purpose of any illegal activity; and
individuals who attempt to change or impair these Terms.
3. Your Rights
You have the right to share your personal information, as well as the ability to control the degree of such sharing. In other words, you possess all rights to enter in and share the information contained within your Peck Profile in the PeckApp.
4. Revision Notice
5. Third Party Rights
Our company is not responsible for the action of any third party activities performed through the PeckApp. Who you share your information with and what you share is your decision.
There are no rights granted to third parties through these Terms or the use of the PeckApp.
You cannot transfer any form of rights or obligations within these Terms without our consent.
We reserve all rights not directly appointed to you.
6. Your Profile
You are responsible for your Peck Profile and the information in it. It is important you keep your information secure. A strong way to do this is to have a password to enter your phone.
7. Data Charges and Device Safety
NPZ is not responsible for any mobile charges that incur while using the PeckApp. Confirmation on data usage questions related to the PeckApp is best discovered through your device’s service provider.
You are responsible for the safety of your device while using the PeckApp. We are not responsible for any damaged devices while using the PeckApp.
You agree, to the extent permitted by law, to indemnify and defend NPZ, our affiliates, directors, officers, stockholders, employees, licensors, and agents from and against any and all claims, damages, losses, costs, liabilities, and expenses arising out of, or relating in any way to: (1) your access to or use of the PeckApp; (2) your personal information and content; and/or (3) your breach of these Terms.
The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the AAA’s Consumer Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Arbitration Agreement. For further clarification, the AAA Rules can be found at www.adr.org or by calling the AAA at 1-800-778-7879.
10. Trademark and Copyright
NPZ honors all forms of trademark and copyright laws. If we become aware of any users infringing any trademarks or copyrights, we will take all necessary action, including banning the user from further use of the PeckApp.
The PeckApp is provided on an “AS IS” basis. We do our best to ensure that the PeckApp runs smoothly, but we cannot guarantee it will run perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
We also have no control of the information users insert into their Peck Profiles or the extent to which they share such information. We are not responsible for the actions of any user (whether it be online or offline) of the PeckApp. We also are not responsible for the activities or services of other companies, even if they are accessed through the PeckApp.
-The NPZ Team