PeckApp Terms of Use

Welcome to PeckApp!

These Terms of Use (“Terms”) for PeckApp (“app”), a brand and software program of NPZ, LLC (“us”, “we”, “our,” or “NPZ,”), are provided to clarify our relationship with you. The Terms set forth below are to ensure an enjoyable and safe experience for you and your use of the PeckApp. The Terms solidify a binding agreement between you and NPZ, so please read them carefully.

By using the PeckApp, you agree to our Terms of Use. If you do not agree with them, then please do not use the 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.

The 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:

  1. Restrictions

NPZ, LLC does not permit the usage of the PeckApp with respect to the following:

  1. Your Rights

NPZ respects your right to privacy. As such, please review our Privacy Policy.

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.

  1. Revision Notice

It is our goal to continue to grow and improve the PeckApp. Because of this, there may be revisions to these Terms and/or our Privacy Policy. Of course, our users will be notified of any changes that are made. If you have any questions, please ask.

  1. 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.

  1. 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.

        

  1. 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.

  1. Indemnity

        

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.

  1. Arbitration

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.

        

  1. 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.

        

  1. Disclaimers

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.

Thank you,

        -The NPZ Team