Introduction & Scope
By accessing the website at www.peconaq.com and/or using any of our Services, you are agreeing to be bound by these Terms, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this website are protected by applicable copyright and trademark law.
All terms hereof refer to the offer, acceptance, and consideration of payment necessary to undertake the process of our assistance to the user in the most appropriate manner for the express purpose of meeting each of our customer’s needs in respect of the provision of Peconaq Inc.’s stated Services, in accordance with and subject to prevailing applicable laws for our sale of our services.
Henceforth, by accessing our Services, on behalf of yourself or the entity that you represent, you represent and warrant that you have the right, authority, and capacity to enter into both these Terms and our Policy (on behalf of yourself or the entity that you represent), in accordance with all applicable laws and regulations. If you do not agree with any of these Terms, you are prohibited from using or accessing our Services. Please, ensure that you read them thoroughly, because, by using www.peconaq.com, you consent to these Terms.
Definitions
The following terms shall have the following meaning:
“Us”, “Ours”: Peconaq Inc., the company behind the PeconaqRi and PeconaqRi Academy brand.
“You”, “the User”: person or customer using Peconaq Inc. provided services and/or having an account allowing access to our Services.
“Website”: Internet Web site enabling the publishing of content and the drafting of commentaries by End Users.
“User Credentials”: username and password used by the User together or separately to identify oneself and access the Services.
“User Material”: any content uploaded or provided by you, including any designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, literary works and any other materials.
“Privacy Policy”: means our Privacy Policy.
1. Account Terms
- You must be 18 years or older to use this Service, or if you are under 18 years of age you may use the Service only if your account is registered by your parent or legal guardian and with their consent.
- You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
- You must provide your legal full name, telephone number, a valid email address, and any other information requested in order to complete the signup process.
- You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
- If you find any link on our Services that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
2. Account Suspension & Termination
Peconaq Inc. encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section which can be accessed through the dropdown at the side of your username. We may terminate or suspend your Peconaq Inc. account if you go contrary to any Peconaq Inc. policies or for any other reason(s), which we will notify you about.
3. Copyright & Ownership
You may not claim intellectual or exclusive ownership rights to any of our Products, Support, or Documentation. All Products, Support, and Documentation are property of Peconaq Inc. All Products, Support, and Documentation are provided “as is” without warranty of any kind, express or implied. We shall not be liable for any damages, including but not limited to, direct, indirect, special, incidental or consequential damages or losses that occur out of the use or inability to use our Products, Support, or Documentation.
When accessing or using the Services, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Services is at all times governed by and subject to laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content in violation of any party’s copyrights, trademarks, patents, trade secrets, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright, trademark, patent, and trade secret ownership and use of intellectual property, and you shall be solely responsible for any violations of any laws and for any infringements of any intellectual property rights caused by any content you provide, post, or transmit, or that is provided or transmitted using your user name or user ID. The burden of proving that any Content does not violate any laws or intellectual property rights rests solely with you.
We claim no intellectual property rights over the material you provide to the Service. Your profile and materials uploaded and provided remain yours.
4. Copyright Takedown Notices
For information about how to submit a request for takedown if you believe content on Peconaq Inc. infringes your intellectual property rights, please contact us.
Peconaq Inc. takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Service upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Service that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: “Takedown Request”. Once received, Peconaq Inc. will study and consider your claim and, if it believes or has reason to believe any content on the Service infringes on another’s copyright, Peconaq Inc. may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a copyright takedown notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a counter claim notice.
5. Content Licenses.
5.1 Limited License by Peconaq Inc.: Peconaq Inc. grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access www.peconaq.com and the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using www.peconaq.com, in whole or in part. Peconaq Inc. does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
Please be reminded that we have the discretion to terminate our license to you at any time for any reason. We have the right, but not the duty, to refuse to share any content on Peconaq Inc. or to remove or delete said content. Apart from the rights and license granted in these Terms, we reserve all other rights and grant no license, implied or otherwise.
5.2 User Materials License: Peconaq Inc. allows or may allow Users to add posts, texts, photos, videos, links, including questions and answers, and other files and information about your products, services, benefits and experiences provided. Henceforth, for every material and content piece that you upload, publish or display to others via the Service you acknowledge and agree that, having agreed to be bound by these Terms, your User Material may be viewed or accessed by the general public.
Accordingly, you hereby grant Peconaq Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, e-mails sent, or otherwise any content delivered via Peconaq Inc. or the Services. You represent and warrant to Peconaq Inc. that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Peconaq Inc. as set forth herein.
5.3 Feedback License: All users hereby grant Peconaq Inc. an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories throughout the world, the right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Peconaq Inc. regarding the Services.
6. Limitation of Liability
In no event shall Peconaq Inc., its officers, directors, employees, or agents, be liable to you for any direct, indirect, incidental, special, punitive, or consequential damages whatsoever, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of www.peconaq.com or the services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable) resulting from any: (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our site, (iii) any unauthorized access to or use of our secure servers and/or any and all personal information and/or financial information stored therein, (iv) any interruption or cessation of transmission to or from our site, (v) any bugs, viruses, trojan horses, or the like, which may be transmitted to or through our site by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the website, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that Peconaq Inc. shall not be liable for user submissions or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
7. Disclaimer of Warranty
To the fullest extent permissible under applicable law, the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Peconaq Inc., and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Peconaq Inc. expressly disclaims any representation or warranty that Peconaq Inc. complies with all applicable laws and regulations applicable to its jurisdiction. Henceforth you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of www.peconaq.com
8. Indemnity
To the extent permitted by applicable law, you agree to defend, indemnify and hold harmless Peconaq Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the service; (ii) your violation of any term of these terms of service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; (iv) any claim that your content caused damage to a third party; (v) any third party claim arising out of or in relation to Peconaq Inc. Or our services or use thereof in combination with another platform, including without limitation, any claim Peconaq Inc. Or the services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
This defense and indemnification obligation will survive these terms of service and your use of the service.
We will immediately notify you of any such claim and will provide you (at your own expense) with assistance in defending the claim. Unless our prior written consent is first obtained, you will not settle any claim the defense of which we need to participate in. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that circumstance, you will be under no obligation to defend us in that matter.
9. General Provisions
9.1 Governing Law & Venue: You agree that the Service shall be deemed solely based in New York, USA. This Agreement shall be governed by the internal substantive laws of New York, without respect to its conflict of laws principles. Any claim or dispute between you and Peconaq Inc. that arises in whole or in part from the Service shall be decided exclusively by a court of competent jurisdiction located in New York. This provision will survive the termination of any or all of your transactions with Peconaq Inc.
9.2 Entire Agreement: If you are using the Service on behalf of a legal entity, you represent that you are authorized to enter into an agreement on behalf of that legal entity. These Terms of Use, together with the Privacy Policy and any other legal notices published by Peconaq Inc. on the Service, constitute the entire agreement between you and Peconaq Inc. and governs your use of the Service, superseding any prior agreements between you and Peconaq Inc.
9.3 Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid or otherwise unenforceable, the parties nevertheless agree that such portion will be deemed severable from these Terms of Use and will not affect the validity and enforceability of the remaining provisions, and the remaining provisions of the Terms of Use remain in full force and effect.
9.4 Amendment: Peconaq Inc. reserves the right to amend these Terms of Use at any time and without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Service following any amendment of these Terms of Use will signify your assent to and acceptance of its revised terms.
9.5 No waiver: Peconaq Inc.’s failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any provision or right. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
9.6 No Third-Party Beneficiary Rights: Neither the course of conduct between the parties nor trade practice will act to modify these Terms of Use. These Terms of Use do not confer any third-party beneficiary rights.
9.7 No Class Actions: With respect to all persons and entities, regardless of whether they have obtained or used the service for personal, commercial or other purposes, all claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s claims. You agree that, by entering into this agreement, you and company are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
9.8 Notices: We may provide you with notices in any of the following methods: (1) via the Services, including by a banner or pop-up within our Website, User Account or elsewhere; (2) by e-mail, sent to the e-mail address you provided us; and/or (3) through any other means, including any phone number or physical address you provided us. Our notice to you will be deemed received and effective within twenty four (24) hours after it was published or sent through any of the foregoing methods, unless otherwise indicated in the notice.
You agree to receive correspondence from us by email in accordance with these Terms and applicable law. You consent and acknowledge that all agreements, notices, disclosures, and other communications that we provide to you electronically will satisfy any legal requirement that such communications be in writing.
9.9 No Relationship: You and Peconaq Inc. are independent entities, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
9.10 No Embargo: You hereby represent and warrant that: (i) you are not located in a country that is subject to a U.S.A., European Union or other government’s embargo, or that has been designated as a “terrorist supporting” country; and (ii) you are not listed on any government list of prohibited or restricted parties or activities.
9.11 Equitable remedies: You hereby acknowledge and agree that if these Terms are not specifically enforced, Peconaq Inc. will be irreparably damaged, and therefore you agree that Peconaq Inc. shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
9.12 Interpretation: In understanding or interpreting the terms of these Terms: (i) the headings of this document are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
9.13 Force Majeure: Peconaq Inc. is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Peconaq Inc.’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
9.14 Assignment: These Terms will insure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. We reserve the right, at any time, to transfer some or all of Peconaq Inc.’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
9.15 User Representations and Warranties: You hereby represent, warrant and covenant that: (i) your use of our Services, and all your uploaded and personal data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Peconaq Inc. and its affiliates, licensors and agents; and to grant the rights granted to Peconaq Inc. in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
9.16 Privacy: By disclosing any data and personally identifying information to us, you agree to our Privacy Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. Using Peconaq Inc. means that you accept our Privacy Policy, regardless of whether you are a registered user or not.
10. Contact Us
If you have any questions about these Terms, please contact us by visiting this page on our website: https://www.peconaq.com/contact-us
Note that communications made by email or the “Contact Us” page does not constitute legal notice to the Peconaq Inc. entity.
This page was last updated on January 18, 2022.