User Agreement (Read Carefully – These Terms Limit Our Liability)
Date of Last Revision: March 28, 2020
1. Acceptance of Terms
PLEASE READ THIS USER AGREEMENT ("AGREEMENT") CAREFULLY BEFORE USING THE SERVICES OFFERED BY PeerLoad AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. BY CHECKING THE BOX MARKED "I AGREE TO THE PeerLoad TERMS OF SERVICE" AND CLICKING THE "REGISTER" BUTTON, YOU AGREE TO BECOME BOUND BY THE TERMS AND CONDITIONS OF THIS AGREEMENT. THE COMPANY'S ACCEPTANCE IS EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS; IF THESE TERMS AND CONDITIONS ARE CONSIDERED AN OFFER BY COMPANY, ACCEPTANCE IS EXPRESSLY LIMITED TO THESE TERMS.
2. Description of PeerLoad Services
Welcome to PeerLoad, where we provide a service that allows users to help provide a private peer-to-peer network while earning credits that can be redeemed for value. After registering, PeerLoad users (“Users”) download and install software, a graphical user interface called an add-on (“the add-on”), which modifies their network sharing. The services provided by PeerLoad and its subsidiaries (“the Services”) may include selling bandwidth, which are a necessary part of the Services. The Services may also include certain communications from PeerLoad, such as announcements, administrative messages and other communications, and these communications are considered part of PeerLoad membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current PeerLoad Services, including the release of new versions of the PeerLoad add-on, shall be subject to the User Agreement. You
understand and agree that the PeerLoad add-on is provided "AS-IS" and that PeerLoad assumes no responsibility for the interaction with, deletion, mis-delivery or failure to store any user information or personalization settings. You are responsible for obtaining access to the PeerLoad Services, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the PeerLoad Services.
3. The Add-On
The add-on includes various features and content that is offered and delivered to you by PeerLoad and its affiliates. It customizes your network settings by modifying the system settings on your computer. The add-on incoproates the user to be apart of the PeerLoad Network, and calculates the credits you earn using a proprietary algorithm. Credits, if verified by PeerLoad, may be redeemed for value.
PeerLoad is committed to protecting your privacy and safety rights while using the add-on.
PeerLoad does not collect any personal information from you other than as described in the TOS.
PeerLoad maintains the following privacy practices:
a. No Spyware Policy - the add-on does NOT collect or transmit Personally Identifiable Information and does not monitor your personal use of the add-on other than for the calculation of Credits. Personally Identifiable Information means information that would identify you personally. The add-on sends unidentifiable and non-personal statistical data to enable quality assurance and improve support processes. Such non-personal data includes unidentifiable and general usage of the add-on (for example; statistical usage data can be sent if you open or close the add-on but not personal information you may share via the add-on) but does not include Personally Identifiable Information, other than as specifically described herein.
b. Unobtrusive - the add-on does not enable other software applications to access data stored on your computer's hard drive or in your personal online accounts. The add-on does not change your web search preferences. Accepting third party offers is not required in order to use the add-on.
c. Easy uninstall - you can easily uninstall the add-on at any time by using standard uninstall processes as may be available as part of your operating system, your internet browser or similar software uninstall options (for example: add/remove programs in Windows, Add-on removal in Firefox, etc.).
d. Easy deactivation - you can easily deactivate your add-on at any time by using the standard deactivation features available in your internet browser (for example: by clicking the "View" menu in your browser selecting the name of the add-on and then clicking on it).
e. Control - You have some control over certain features of the add-on and can modify your preferences at any time (including the components and features you have added to the add-on), from the Options dialog box of the add-on.
f. Report - The security of your personal information is important to us. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security. If you have a reason to believe that your rights have been infringed upon while using the add-on, please contact PeerLoad via email at [email protected]
Once your e-mail is received, PeerLoad will review it to ensure that the privacy practices provided herein are enforced.
In consideration of your use of the PeerLoad Services, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the PeerLoad Services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the PeerLoad Service's registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or PeerLoad has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, PeerLoad has the right to suspend or terminate your account, refuse any and all current or future use of the PeerLoad Services (or any portion thereof), and invalidate any Credits associated with your account. PeerLoad
is concerned about the safety and privacy of all its users, particularly children. For this reason, minors under the age of 18 are not eligible to register and access the PeerLoad Services.
6. Account, Password & Security
You will receive an account designation upon completing Service's registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify PeerLoad of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. PeerLoad cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 6.
7. Conduct by Users; Prohibited Conduct
In consideration for continued access to the PeerLoad Services, you agree to adhere to the terms governing member conduct as written here in Section 7 of the User Agreement. You understand that your account and any Credits you have earned can be terminated or suspended at the sole discretion of PeerLoad if PeerLoad reasonably believes you have violated the terms of member conduct in any way. You understand that the PeerLoad Services and software embedded within the PeerLoad Services may include security components that monitor the use and conduct of Users. You may not attempt to override or circumvent any of the security measures, monitoring measures, or usage rules embedded into the PeerLoad Services. Any unauthorized modification of any kind of the software provided by the PeerLoad Services, in whole or in part, is strictly prohibited.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. PeerLoad does not control the advertising Content posted via the PeerLoad Services and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the PeerLoad Services, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will
PeerLoad be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the PeerLoad Services.
When using the PeerLoad Services, you agree not to:
a. cheat, defraud, game, mislead, misinform, trick, or deceive PeerLoad in any way in order to accrue Credits or for any other reason;
b. deploy, distribute, disseminate, design, or use computer programs including algorithms, scripts, codes, bots, viruses, or trojans for the purpose of simulating human use of any browser with an installed PeerLoad add-on or defrauding PeerLoad in any way;
c. attempt to fraudulently manipulate your accrual, retention, balance, or redemption of PeerLoad Credits;
d. impersonate any person or entity, including, but not limited to, a PeerLoad official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
e. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the PeerLoad Service;
f. upload, post, email, transmit or otherwise make available any Content that you do not have a
right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
g. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
h. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.
i. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
j. interfere with or disrupt the PeerLoad
Services or servers or networks connected to the PeerLoad Services, or disobey any requirements, procedures, policies or regulations of networks connected to the PeerLoad Services, including using any device, software or routine to bypass our robot exclusion headers;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. "stalk" or otherwise harass another; and/or
m. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs 1 through 13 above.
You acknowledge that PeerLoad may or may not pre-screen Content, but that PeerLoad and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the PeerLoad Services. Without limiting the foregoing, PeerLoad and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PeerLoad or submitted to PeerLoad, including without limitation information in PeerLoad Message Boards and in all other parts of the PeerLoad Services.
You acknowledge, consent and agree that PeerLoad may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of PeerLoad, its users and the public.
You agree to indemnify and hold PeerLoad and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the PeerLoad Services, your connection to the PeerLoad Services, your violation of the TOS, or your violation of any rights of another.
9. No Commercial Re-Use or Reproduction of PeerLoad Services
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the PeerLoad Services (including the add-on, advertisements, other software, or your PeerLoad account information or password).
10. Our Policy RE Use, Storage, and Account Management
You acknowledge that PeerLoad may establish general practices and limits concerning use of the PeerLoad Services, including without limitation the maximum number of days that account information, including accrued Credits, will be retained by the PeerLoad Services, the maximum disk space that will be allotted on PeerLoad's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the PeerLoad Services in a given period of time. You agree that PeerLoad has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the PeerLoad Services. You acknowledge that PeerLoad reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that PeerLoad reserves the right to modify these general practices and
limits from time to time.
11. Modification of Services
PeerLoad reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the PeerLoad Services (or any part thereof) with or without notice. You agree that PeerLoad shall not be liable to you or to any third party for any modification, suspension or discontinuance of the PeerLoad Services (or any part thereof), including Credit redemption and credit value.
You may terminate your PeerLoad account and your access to the PeerLoad Services by submitting such termination request to PeerLoad.
You agree that PeerLoad may, without prior notice, immediately terminate, limit your access to, or suspend your PeerLoad account and your access to the PeerLoad Services. Cause for such termination, limitation of access, or suspension shall include, but not be limited to, (a) breaches or reasonably suspected breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) discontinuance or material modification to the PeerLoad Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the PeerLoad Services. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in
PeerLoad's sole discretion and that PeerLoad shall not be liable to you or any third party for any termination of your account or restriction of your access to the PeerLoad Services.
Termination of your PeerLoad account includes any or all of the following: (a) removal of access to all or part of the offerings within the PeerLoad Services, (b) deletion of your account, password and all related information, files and content associated with or inside your account (or any part thereof) including Credits, and (c) barring of further use of all or part of the PeerLoad Services.
13. External Links
The PeerLoad Services may provide, or third parties may provide, links to other internet sites or resources. You acknowledge and agree that PeerLoad is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that PeerLoad shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
14. PeerLoad Proprietary Rights
You acknowledge and agree that the PeerLoad Services and any necessary software used in connection with the PeerLoad Services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the PeerLoad Services or by affiliates is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by PeerLoad or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the PeerLoad Services, such Content or the Software, in whole or in part.
PeerLoad grants you a personal, non-transferable and non-exclusive right and license to use the object code of its
Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, nor to use modified versions of the Software, including (without limitation) for the purposes of accruing Credits or obtaining unauthorized access to the PeerLoad Services. You agree not to access the PeerLoad Services by any means other than through the interface that is provided by PeerLoad for use in accessing the PeerLoad Services.
15. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
Your use of the PeerLoad Services and software are at your sole risk. The PeerLoad Services and software are provided on an "AS IS" and "as available" basis. PeerLoad and its subsidiaries, affiliates, officers, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of title, merchantability, fitness for a particular purpose and non-infringement.
PeerLoad and its subsidiaries, affiliates, officers, employees, agents, partners and licensors make no warranty that (i) the PeerLoad Services or software will meet your requirements; (ii) the PeerLoad Services or software will be uninterrupted, timely, secure or error-free; (iii) the results that may be obtained from the use of the PeerLoad Services or software will be accurate or reliable; (iv) the quality of any products, services, information or other material purchased or obtained by you through the
PeerLoad Services or software will meet your expectations; and (v) any errors in the software will be corrected.
Any material downloaded or otherwise obtained through the use of the PeerLoad Services or software is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your computer system, internet access, download or display device, or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from PeerLoad or through or from the PeerLoad Services or software shall create any warranty not expressly stated in the TOS.
16. Limitation of Liability
You expressly understand and agree that PeerLoad and its subsidiaries, affiliates, officers, employees, agents, partners and licensors shall not be liable to you for any punitive, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if PeerLoad has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the PeerLoad Services; (b) the cost of procurement of substitute goods and services; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the PeerLoad Services; or (e) any other matter relating to the PeerLoad Services.
17. Exclusions & Limitations
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations of sections 16 and 17 may not apply to you.
18. No 3rd Party Beneficiaries
You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.
PeerLoad may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, SMS, MMS, text message, postings on the PeerLoad Services, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the PeerLoad Services in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the PeerLoad Services in an authorized manner.
20. Trademark Information
You agree that all of PeerLoad’s trademarks, trade names, service marks and other PeerLoad logos and brand features, and product and service names are trademarks and the property of PeerLoad Inc. (the "PeerLoad Marks"). Without PeerLoad's prior permission, you agree not to display or use in any manner the PeerLoad Marks.
21. General Info & Additional Terms
The Site and the Service is controlled and operated by PeerLoad from its offices within the United States of America. The Company makes no representation that any aspect of the Service is appropriate or available for use in jurisdictions outside of the United States. Those who choose to access the Service from other locations are responsible for compliance with applicable local laws. You must comply with all export and import laws and restrictions and regulations of any United States or foreign agency or authority relating to the Service and its use.
Entire Agreement. The TOS constitutes the entire agreement between you and PeerLoad and governs your use of the PeerLoad Services, superseding any prior version of this TOS between you and PeerLoad with respect to the PeerLoad Services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other PeerLoad services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. You and PeerLoad each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of California without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and PeerLoad, shall be brought exclusively in the courts located in the county of Los Angeles, California or the U.S. District Court for the Southern District of California. You and PeerLoad agree to submit to the personal jurisdiction of the courts located within the county of Los Angeles, California or the Southern District of California, and agree to waive any and all objections to the exercise of jurisdiction, including lack of personal jurisdiction and forum non conveniens, over the parties by such courts and to venue in such courts.
Waiver and Severability of Terms. The failure of PeerLoad to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. PeerLoad’s failure to act with respect to a breach by you or others does not waive PeerLoad’s right to act with respect to that breach or subsequent or similar breaches. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your PeerLoad account is non-transferable and any rights to your PeerLoad ID or contents within your account, including Credits, terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the PeerLoad Services or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
22. Violations & Reporting
Please report any known or suspected violations of the PeerLoad TOS to [email protected]
PeerLoad appreciates and considers all tips and reports of misuse of the Services, but does not guarantee or warrant any action will be taken based on any tip or report.