Web Site Terms and Conditions of Use


1. Terms

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, 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 web site are protected by applicable copyright and trade mark law.

2. Use License

a. Permission is granted to temporarily download one copy of the materials (information or software) on Pear Innovations, LLC's web site for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on Pear Innovations, LLC's web site; iv. remove any copyright or other proprietary notations from the materials; or v. transfer the materials to another person or "mirror" the materials on any other server. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Pear Innovations, LLC at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

3. Disclaimer

a. The materials on Pear Innovations, LLC's web site are provided "as is". Pear Innovations, LLC makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, or the cleanliness or healthfulness of or at any place in the materials. Further, Pear Innovations, LLC does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

4. Limitations

In no event shall Pear Innovations, LLC or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Pear Innovations, LLC's Internet site, even if Pear Innovations, LLC or a Pear Innovations, LLC authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

5. Revisions and Errata

The materials appearing on Pear Innovations, LLC's web site could include technical, typographical, or photographic errors. Pear Innovations, LLC does not warrant that any of the materials on its web site are accurate, complete, or current. Pear Innovations, LLC may make changes to the materials contained on its web site at any time without notice. Pear Innovations, LLC does not, however, make any commitment to update the materials.

6. Links

Pear Innovations, LLC has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Pear Innovations, LLC of the site. Use of any such linked web site is at the user's own risk.

7. Places

Pear Innovations, LLC has not reviewed all of the places identified or linked to its Internet web site and is not responsible for the conditions, healthfulness, accuracy, or condition of any such place (each, a "Third Party Site"). The inclusion of any place or pointer or recommendation does not imply endorsement by Pear Innovations, LLC of the Third Party Site. Each user expressly agrees that we are not responsible for the availability or contents of such Third Party Sites. Use of any Third Party Site identified on the web site is at the user's own risk.

8. Information

For content that is covered by intellectual property rights, like photos and videos, and for all other text you may enter into the website, you specifically give us the following permission, you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any such content that you post on or in connection with the website. When you publish content or information, it means that you are allowing everyone, including people off of our website, to access and use that information, and to associate it with you (i.e., your name and profile picture).

9. Safety

We do our best to keep the website safe, but we cannot guarantee it. We need your help to do that, which includes the following commitments: i. You will not send or otherwise post unauthorized commercial communications (such as spam). ii. You will not collect users' content or information, or otherwise access website, using automated means (such as harvesting bots, robots, spiders, or scrapers) without our permission. iii. You will not engage in unlawful multi-level marketing, such as a pyramid scheme, on website. iv. You will not upload viruses or other malicious code. v. You will not solicit login information or access an account belonging to someone else. vi. You will not bully, intimidate, or harass any user. vii. You will not post content that: is hateful, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence. viii. You will not develop or operate a third-party application containing alcohol-related or other mature content (including advertisements) without appropriate age-based restrictions. ix. You will not use website to do anything unlawful, misleading, malicious, or discriminatory. x. You will not do anything that could disable, overburden, or impair the proper working of web site, such as a denial of service attack. xi. You will not facilitate or encourage any violations of this Statement.

10. Indemnity

You agree to indemnify, defend, and hold Pear Innovations, LLC, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them (collectively, the "Pear Entities") harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party arising out of or relating to (i) your access to or use of the Site, (ii) your violation of the Terms, (iii) any products or services purchased or obtained by you in connection with the Site, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. Pear Innovations, LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Pear Innovations, LLC. Pear Innovations, LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

11. Governing Law

Any claim relating to Pear Innovations, LLC's web site shall be governed by the laws of the State of Texas without regard to its conflict of law provisions.

12. Site Terms of Use Modifications

Pear Innovations, LLC may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

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