Terms and Conditions

Terms of Use

Effective Date: September 13, 2019

 

YOUR ACCEPTANCE OF THIS TERMS OF USE

 

Anyone who accesses or uses this website (“Site”) is a “User.” This Terms of Use (“Agreement”) applies to all Users of the Site, run and operated by NeatPea, LLC (“us,” “our,” or “we”). By using our Site, you are agreeing to comply with and be bound by this Agreement with us. If you do not agree with this Agreement, you may not access or use our Site.

 

This website is hosted by Ucraft.com. This Agreement does not alter in any way the Agreement or terms and conditions of this host provider.

 

This Agreement does not create any agency, partnership, joint venture, or employee-employer relationship between you and us.

 

Your use of this Site and our Services is solely for internal, personal, non-commercial purposes unless otherwise stated in this Agreement. By using our Site, you agree to and will not promote a business or commercial venture or event, or otherwise use the Site for commercial purposes or violate any applicable laws.

 

YOUR ACCEPTANCE OF OUR PRIVACY POLICY

 

This Agreement, together with our Privacy Policy and any Privacy Notices or click-through Agreements applicable to you, contain the entire understanding and agreement between you and our Site with respect to our Site and supersede all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and our Site with respect to our Site and your use of our Site.

 

Your use of our Site affirms that you agree to the terms of this Agreement and our Privacy Policy, which is expressly incorporated herein. Before using our Site, please carefully review our Privacy Policy, which can be found here, to fully understand how we collect and use personally identifying information. All information provided to us as a result of your use of our Site will be handled in accordance with our Privacy Policy. In consideration of your use of our Site, you agree that to the extent you provide personal information to our Site it will be true, accurate, current, and complete and that you will update all personal information as necessary. To the extent there are inconsistencies between this Agreement and our Privacy Policy, this Agreement controls.

 

DEFINITIONS

 

The term “Content” refers to all software and code comprising or used to operate our Site, and all text, photographs, images, illustrations, logos, graphics, sound recordings, video, and audio-video clips, and other forms of data or communication or materials available on our Site.

 

The term “Your Content” or “User Generated Content” refers to content you submit, post, or transmit when using this Site, such as comments on blogs, ratings, reviews, compliments, and any information that you publicly display on the Site.

 

The term “Third-Party Content” refers to content that originates from third-parties other than us or its Users, which is made available on the Site or through links or resources provided on the Site.

 

The term “Site Content” refers to all the content that is made available on the Site, including Your Content, User Generated Content, Third-Party Content.

 

The term “including” means “including, but not limited to.”

 

OWNERSHIP OF THIS SITE AND ITS CONTENT

 

The content, structure, look and feel, and all other elements of the Site are protected by copyright and other intellectual property laws of the United States or through state or federal registration and jurisdiction. Except as stated within, our Site does not grant you any rights to any intellectual property that may be available to you generally through our Site. You may not sell, license, distribute, copy, publish, modify, adapt, translate, or make any unauthorized use of or otherwise infringe upon our Site’s intellectual property in anyway. You understand that it is your responsibility to ensure you refrain from doing so and acknowledge that we will aggressively enforce intellectual property rights with respect to the Site to the fullest extent of the law.

 

Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions. We reserve the right to correct any errors, inaccuracies or omissions at any time without prior notice. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the timeliness, completeness, or accuracy of the Site or any of the content on the Site. We accept no obligation to amend and/or clarify information on the Site, except as required by law. If you believe any portion of the Site includes an error or inaccuracy, please notify us.

 

THIRD-PARTY GENERATED CONTENT

 

Our Site contains content from third-parties, including but not limited to comments, resources, advertising, and promotional content, and we do not guarantee the accuracy, integrity, or quality of third-party generated content. All logos, names, and branding associated with the companies listed on this page belongs to the respective third-party companies and are protected by their Copyright and/or Trademark. Our Site does not endorse and is not responsible for statements, advice, and/or opinions made by anyone other than authorized Site spokespersons.

 

Your interaction with any third-party accessed through the Site, online or offline, is at your own risk. We will assume no liability with respect to the acts, omissions, errors, representations, promotions, or negligence of any such third-party or for any personal injuries, death, property damage, financial impact, or other damages or expenses resulting from your interaction with the third-party.

 

DISCLAIMERS

 

Our Site may be temporarily unavailable from time to time for maintenance or other reasons. We reserve the right at any time, and from time to time, to modify or discontinue (on a temporary or permanent basis) certain functions of the Site, with or without notice. You agree that we will not be liable to you or to any third-party for any direct or indirect consequence of any discontinuance or interruption to the Site. You also agree that we assume no responsibility for any error, omission, interruption, delay in operation, or unauthorized access with respect to any User communications.

 

References on the Site, blogs, or videos to any products, services, processes, trade names, trademarks, suppliers, manufacturers, or servicers, does not constitute or imply any sponsorship, endorsement, joint venture, or affiliation with our Site by any of those third-parties. 

 

Users may post content to our Site through our Services. Users understand that by using our Site, they may be exposed to content or comments that are offensive, indecent, unethical, morally challenging, or objectionable. We have absolutely no control over the content that Users post to the Site and do not in any way guarantee its quality, accuracy, or integrity. Any content posted by a User that is found to be illegal will be submitted to the appropriate authorities.

 

WE MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO OUR SITE OR ITS CONTENT, OR ANY PRODUCT OR SERVICE AVAILABLE ON OR PROMOTED THROUGH OUR SITE. OUR SITE AND ALL OF ITS CONTENT (INCLUDING USER-GENERATED CONTENT) ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW, OUR SITE, ITS FRANCHISES AND AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, ARISING BY STATUTE, CUSTOM, COURSE OF DEALING, COURSE OF PERFORMANCE, OR IN ANY OTHER WAY, WITH RESPECT TO OUR SITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES AVAILABLE OR PROMOTED THROUGH OUR SITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, OUR SITE, ITS AFFILIATES, AND THEIR SERVICE PROVIDERS AND LICENSORS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES: (A) OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) RELATING TO THE SECURITY OF THIS SITE; (C) THAT THE CONTENT OF THIS SITE IS ACCURATE, COMPLETE, OR CURRENT; OR (D) THAT THIS SITE WILL OPERATE SECURELY OR WITHOUT INTERRUPTION OR ERROR.

 

WE DO NOT REPRESENT OR WARRANT THAT OUR SITE, ITS SERVERS, OR ANY TRANSMISSIONS SENT FROM US OR THROUGH OUR SITE WILL BE FREE OF ANY HARMFUL COMPONENTS (INCLUDING VIRUSES).

WE DO NOT ENDORSE AND ARE NOT RESPONSIBLE FOR ANY STATEMENTS, ADVISE, OR OPINIONS CONTAINED IN USER-GENERATED CONTENT AND SUCH STATEMENTS, ADVICE, AND/OR OPINIONS DO NOT IN ANY WAY REFLECT THE STATEMENTS, ADVICE, AND OPINIONS OF OUR SITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AGAINST THE POSSIBILITY OF DELETION, MISDELIVERY, OR FAILURE TO STORE COMMUNICATIONS, PERSONALIZED SETTINGS, OR OTHER DATA. YOU ACCEPT THAT OUR OWNERS, OFFICERS, EMPLOYEES, AND OTHER REPRESENTATIVES SHALL HAVE THE BENEFIT OF THIS CLAUSE.

 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF CERTAIN WARRANTIES, SO ALL OR PART OF THIS DISCLAIMER OF WARRANTIES MAY NOT APPLY TO YOU.

 

LIMITATION OF LIABILITY

 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS WE, ON BEHALF OF OUR OWNERS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS, AND SERVICE PROVIDERS, EXCLUDE AND DISCLAIM LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY A VIRUS; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD-PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF OUR SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND VIRUS CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER BASIS.

 

WAIVER

 

Our failure at any time to require performance of any provision of this Agreement or to exercise any right provided for herein will not be deemed a waiver of such provision or such right. All waivers must be in writing. Unless the written waiver contains an express statement to the contrary, no waiver by of any breach of any provision of this Agreement or of any right provided for herein will be construed as a waiver of any continuing or succeeding breach of such provision, a waiver of the provision itself, or a waiver of any right under this Agreement.

 

SEVERABILITY

 

If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, such provision will be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law and the remaining provisions of this Agreement will remain in full force and effect. Our rights under this Agreement will survive any termination of this Agreement.

 

GOVERNING LAW, JURISDICTION, AND VENUE

 

This Agreement and Privacy Policy will be governed under the laws of the State of Ohio, without regard to the conflicts of law provisions. All actions or proceedings arising out of or relating to this Agreement will be adjudicated exclusively in the state or federal court of competent jurisdiction for the City of Columbus or Franklin County. You hereby irrevocably consent and submit to the personal jurisdiction of said courts for all such purposes. Notwithstanding the foregoing, our Site may also bring legal proceedings in any jurisdiction where we believe that infringement of this Agreement is taking place or originating. If either party to this Agreement brings a legal action against the other party to this Agreement to secure the specific performance of this Agreement, collect damages for breach of this Agreement, or otherwise enforce or interpret this Agreement, the prevailing party will recover reasonable attorney’s fees and all costs, premiums for bonds, fees, and other expenses expended or incurred in the action in addition to any other relief that may be awarded.

 

INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless our Site from any loss, liability, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your use of our Site in violation to this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any material that you post using our Site causes us to be liable to another.

 

CHANGES TO THIS AGREEMENT

 

We reserve the right to change or modify this Agreement at any time consistent with applicable laws and principles. Any changes or modifications will be posted on this Site with an updated effective date on our Site, and will be effective immediately upon posting the revisions on the Site. You waive any right you may have to receive specific notice of such changes or modifications. Your use of the Site following the posting of changes or modifications to this Agreement will constitute your acceptance and your agreement to be bound by this Agreement. If at any time you choose not to accept this Agreement, you should not use our Site. This Agreement is provided in English only to avoid any misinterpretations that can be caused by translation. If necessary, please seek the appropriate advice and legal counsel before proceeding or do not use our Site.

 

HOW TO CONTACT US

 

For questions, concerns, inaccuracies, or complaints regarding our Site or this Agreement, please contact us at: hello@neatpea.com.