PLEASE REVIEW THESE TERMS AND CONDITIONS (THESE “TERMS OF SERVICE”) CAREFULLY. BY ACCESSING THIS WEBSITE (“SITE”) AND ANY PAGES RELATED TO THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE, PLEASE DO NOT ACCESS THIS SITE OR ANY PAGES RELATED TO THIS SITE.
This Site and any features, functionality, analytics, reporting, products, and services (collectively, “Products”) made available through this Site, by Synthetic P2P Holdings, Corp, d/b/a PeerIQ (the “we”, “us”, or “our”) and/or its licensors and other third-party contributors, are delivered subject to the terms set forth in these Terms of Service. You acknowledge that this Site and our Products are our property and our licensors. In using any webpage, website, or other aspect of the Products, you hereby agree to be bound by these Terms of Service.
The Product is for illustrative purposes only. The Product is not intended to provide, and should not be relied upon, for reporting purposes, for tax, legal, or accounting advice, or otherwise. You should confirm all data, information, reporting, analytics and services from the Products. Please consult your own tax, legal and accounting advisors before engaging in any transaction.
We offer the Products to you based on your acceptance of these Terms of Service without modification. We reserve the right, in our sole discretion, to revise these Terms of Service at any time. Any changes to these terms will be included in a revised version of these Terms of Service accessible through the Site. Your continued use of the Product following posting of any changes to Terms of Service constitutes your unconditional acceptance and agreement to be bound by the changed terms. Accordingly, we urge you to review these Terms of Service at the start of each use of the Site. If you do not agree to be bound by the revised terms and conditions, you must cease your use of the Site.
Content and Proprietary Rights
All text, graphics, user interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content contained on the Site is owned, controlled or licensed by or us and is protected by applicable U.S. and foreign copyright, patent, and trademark laws, including various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Service, no part of the Site or its Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without our prior written consent. Any unauthorized use, downloading, re-transmission, display, distribution or other copying, or modification of any copyrightable matter in the above and/or the Content on the Site is strictly prohibited, and may result in legal action against those engaging in such activities.
If you suggest features, functionality, or performance feedback (“Feedback”) that we incorporate into Site or one of our Products, you hereby transfer, assign and give us all rights to such Feedback. In the event that you cannot transfer, assign, or give all rights on the feedback, then, alternatively, you grant us a worldwide, non-restricted, non-exclusive, royalty-free, perpetual right and license to use such Feedback for our commercial purposes, which such license will survive termination of the Terms of Service.
Use of Products
This Site contains information about the certain third parties and certain Products. You understand and acknowledge that you are solely responsible for any actions you take in connection with your use of the Site, Products, and any data, reports, analytics, material, or information (“Data”) available through the Site. You agree not to reproduce, transmit, disseminate, broadcast, circulate, republish, duplicate, sell, modify, upload, post, or otherwise distribute or commercially exploit the Products, or any portion of the content of the Products, in any way.
You represent and warrant that your provision of your information and/or materials to us, and our use of that information and/or materials as authorized herein, will not violate applicable law or the rights of any individual or entity. Without limitation the foregoing, you agree not to store, upload, or transmit to or via the Site any information or materials that: (a) infringes upon, or violates any copyright, patent, trademark, trade secret or other proprietary right; (b) is defamatory, libelous, or threatening; (c) is known by you to be false or inaccurate; or (d) violates any applicable law, treaty, or regulation. You agree you will neither upload nor transmit to the Site any Data containing any virus, worm, or other harmful feature. You agree not to interfere, in any way, with others’ use of the Products and you will not attempt to gain unauthorized access to the account, computer system, or information of another user.
In addition to the above, you are prohibited from: (a) engaging in any act where you know, or have reason to know, that such act may disrupt the Site’s functionality; (b) translating, decompiling, reverse engineering, or otherwise attempting to obtain access to source code of any software located on the Site (the “Software”); or (c) using or allowing other to use the Site in any way that violates local, state, federal, or international law, including without limitation any export controls or sanctions imposed by the United States of America.
We reserve the right to determine your eligibility for the Product at our discretion.
You may use information, print materials, and agreements or documents related to Products that are made available through your use of the Site (collectively, the “Documentation”), provided that you: (a) do not remove any proprietary notice language in such Documentation; (b) do not copy or post such Documentation on any networked computer or broadcast it in any medium; and (c) do not make any additional representations or warranties to any party in connection with your use of such Documentation. The Product is not intended for distribution to, or use by, any person in any jurisdiction or country where such distribution or use would be restricted, prohibited, or otherwise contrary to law or regulation.
Site Confidentiality and Security
Certain features or services offered through the Site may require you to open an account (including setting up a username and password) (“Account”). You are solely responsible for maintaining confidentiality of your Account information, including your password, for any and all activity related to your Account. You further agree to establish commercially reasonable security procedures and controls to protect your confidential information. You agree to notify us immediately of any unauthorized use, or any other breach of security, including suspected or actual Account “phishing” incidents. You understand that you may be held liable for losses incurred by us or any other user of or visitor to the Site due to an unauthorized party using your login information, password or Account. You agree not to use anyone else’s name, password, or Account to access the Site at any time without the express permission and consent of such party. You acknowledge that we are not liable for any loss or damage arising from your failure to comply with these obligations.
Children Online Privacy Protection Act
This Site will not, and does not intend to, market any Product or related services to children. You must be eighteen (18) years or older to use the Site or the Products. We do not knowingly gather or solicit data from children through the Site, and by using the Site you represent that you are an adult who is at least 18 years of age.
Modification or Discontinuance of Certain Product
You understand that, at any time and without notice to you, and for any reason whatsoever, we may modify or discontinue all or any part of the Products at anytime. You acknowledge that the we shall in no way be held liable for any consequence resulting from our decision to modify or discontinue providing all or any part of the Products.
We may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Product or Site, effective immediately, in whole or in part, if we determine that your use of the Site violates the Agreement, is improper or substantially exceeds or differs from normal use by other users, raises suspicion of fraud, misuse, security concern, illegal activity or unauthorized access issues, to protect the integrity or availability of the Product or systems and comply with applicable our policy, if you no longer agree to receive electronic communications, or if your use of the Site conflicts with our interests or those of another user of the Site or Products. Upon our notice that your use has been terminated you must immediately stop using the Site and the Product.
THIS SITE, ITS CONTENT AND ANY ASSOCIATED SERVICES, INCLUDING WITHOUT LIMITATION THE PRODUCTS, ARE PROVIDED BY US ON AN “AS IS” AND “AS AVAILABLE” BASIS. You use the Site, THE PRODUCTS and any RELATED Content at your own risk. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THIS SITE AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE.
WE DO NOT WARRANT OR GUARANTEE THAT ITS SERVICES WILL PROVIDE ANY DESIRED RESULT, OR THAT ITS SITE, SERVERS OR EMAILS SENT BY OR ON BEHALF OF US ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF ITS SITE, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND US OR BETWEEN YOU AND ANY OTHER USER OF THE SITE, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
Limitation of Liability
NEITHER WE NOR ANY OF OUR EMPLOYEES, SUBSIDIARIES, AFFILIATES, AGENTS, REPRESENTATIVES, DISTRIBUTORS, OR LICENSORS WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTORY OR OTHERWISE), ARISING FROM OR OTHERWISE RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE, PRODUCTS, OR THE ASSOCIATED SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, EVEN IF WE HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. WITHOUT LIMITING THE FOREGOING, WE WILL NOT BE LIABLE FOR ANY DAMAGE TO YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESSING OR USE OF THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THIS SITE.
CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATION MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
You agree to indemnify and hold us, its subsidiaries, affiliates, officers, agents, and representatives, and its and their officers and employees (each, an ”Indemnified Party”) harmless from and against any and all damages, liabilities, judgments, actions, causes of action, suits, claims, demands, losses, costs and expenses (including reasonable attorneys’ fees, disbursements, and court costs) arising from or in connection with your use of the Products, your violation of these Terms of Service, or your violation of any rights of any third party, including without limitation the rights of any of your clients (if applicable).
The laws of the State of New Jersey will govern these Terms of Service, without giving effect to any conflicts of laws principles. Subject to the Arbitration Agreement set forth below, you agree that any action arising out of the Terms of Service, or your use of the Products, shall be brought in state or federal court in State of New Jersey, and you consent to the jurisdiction of such courts.
You may not assign or otherwise transfer these Terms of Service or any rights or obligations under these Terms. Our failure to act on any breach of any provision of these Terms shall not be construed as a waiver of the enforcement of any provision unless we agree to such waiver in writing.
If any part of these Terms of Service is deemed unlawful, void or unenforceable, that part will be deemed severable and will not affect the validity or enforceability of remaining provisions. These Terms of Service set forth the entire understanding between you and us with respect to the subject matter hereof and supersede any prior or contemporaneous communications, representations, or agreements, whether oral or written, between you and us with respect to subject matter.
We are not in the business of providing legal, financial, accounting, tax, health care, real estate or other professional services or advice. Consult the services of a competent professional when you need this type of assistance.
Help and Support
If you require any support, please contact us at firstname.lastname@example.org. We make no warranty of any kind as it relates to any help or support services provided hereunder and no warranty of any kind that any errors in the Site or the Product can or will be corrected.