Peak Education Student2Student BETA TERMS OF SERVICE 

  

  

1. Your Agreement to Our Terms of Service 

  

This BETA EDITION prototype mobile application and associated service ("App") is provided by Peak Education. This Terms of Service ("Terms") is a legal agreement between you and LLC. The Terms determine what your rights and obligations are, and what our rights and obligations are. 

  

By clicking "I agree", it means you fully accept them. Please read them carefully. 

You will find an arbitration clause in section twelve of our Terms. This clause restricts your ability to sue. IF YOU DO NOT FULLY AGREE TO OUR TERMS AND PRIVACY POLICY OR DO NOT UNDERSTAND THEM, DO NOT CLICK THE ‘I AGREE’ BUTTON AND DO NOT USE OUR APP. 

  

  

2. Our Right to Change the Terms of Service 

  

We may change any part of our Terms at any time. Any changes we make apply immediately. We will notify you within the App if we make changes. If you continue to use the App after changes are made, it means you agree to the changes. If do not agree to the changes, then you must stop using the App and uninstall the App. 

  

  

3. Your License to Use our App 

  

Our App is licensed to you, not sold. If you agree to and comply with our Terms, we grant you a personal, non-exclusive, non-transferable, revocable license to use our App, for lawful purposes. This means that you may use our App for non-commercial purposes, but you may not give it to anyone else or allow anyone else to use it, and we may take away your ability to use the App or any information in it at any time. We may refuse to create an account, and may terminate any account, at any time in our sole discretion for any reason. 

  

You agree not to change, disassemble, attempt to identify the source code, or otherwise reduce to any form, or create derivative works of the App in whole or in part. You agree not to use our App for any illegal purpose or to upload or download or share illegal content and to limit your use to those uses stated in our Terms. 

  

We want all of our users to have a great experience using our App. You agree not to interrupt, or attempt to interrupt, the operation of our App in any way. You also agree not to use our App in a way that you record any activity on the App or share any activity on any social media services or otherwise publicly disclose your interactions with other users. 

  

You agree not to defame, intimidate, harass, or violate any other user's legal rights in any way. You also agree not to post, upload, share, or otherwise make available to other users anything that may be viewed as inappropriate including lewd, obscene, profane, deceptive, abusive, manipulative or defamatory content. You agree that we decide what constitutes inappropriate use of our App. 

  

You will not use our App to discriminate against any person or group. You agree that we decide what constitutes discriminatory conduct. 

  

All information you provide in connection with the App shall be truthful and accurate. 

  

If you believe any content on our App violates a copyright you have a legitimate interest in, please notify us at connect@peakedu.org. 

  

You must safeguard your account sign in ID and password. Do not share your sign-in ID or password with others, and take steps to prevent access to your account by other persons on any shared devices. We have no liability for any unauthorized use of any account. 

  

  

4. Our License to Use your Data and Location Information 

  

In exchange for us granting you a free license to use our App, you agree to provide us a royalty-free license to account information, geolocation data when you enable it on the App, and usage data of the App, located on your mobile device, or otherwise obtained by us through use of the App . This means we are letting you use our App for free, and we can use the data we collect from you without paying you, for any lawful purpose. 

  

You agree we may use such data to improve our App, and other services and products, and other lawful purposes. The data collected may be kept in part or in whole by us, as well as shared with third parties for our lawful purposes. 

As we explain in our Privacy Policy, all data collected will be used to: 

a) Provide you with technology and services 

b) Improve the quality of our services to you 

c) Build a profile for you, which allows us to tailor our services to your specific needs and interests 

  

We will not sell your personally identifiable] data to a third-party advertising company. 

  

  

5. Location Data 

  

Some App functionality relies on location information. The Global Positioning (GPS) function when enabled identifies your device geographic location, and will routinely transmit your location to us. 

  

If you enable the GPS function you agree that we may collect, keep, and use your location data. We will use this data as stated in Section 4 above and in compliance with our Privacy Policy. 

  

GPS functions within our App on your device may not always be available, accurate, or complete. 

When using our App, you agree to obey all laws including traffic laws and use common sense. We value the safety of our users and encourage you to use our App responsibly. 

  

  

6. Automatic Updates 

  

From time to time, we may automatically update or change the App, for any reason. These updates may delete or change any function of the App, even those you may rely upon. 

  

You agree that any changes to the App will be made at our sole discretion, and that you may have to agree to the update or change in order to keep using our App. 

  

  

7. Discontinuation of App/Ephemeral Text Messages 

  

You understand and accept that we may choose to stop providing or supporting the App for any reason, and that no guarantees of support for any length of time are made to you. 

  

You agree that you not relying on the App for storage or records of any kind. 

  

Text messages between users are intended to be deleted by the system after the end of a communications session. If you choose to communicate again with someone you have already communicated with, the past communication records are not designed to be  

available. 

  

  

8. Ownership 

  

Our App and content displayed on our App is protected by copyright and trademark laws. You cannot use our content, except as specified here. 

  

You agree to follow all instructions limiting the way you use our content. Our App features a number of logos, service marks, and trademarks that belong to us and third-party service providers. We are not granting you any license to use those logos, service marks, or trademarks outside of our App. 

  

  

9. Suggestions 

  

If you send us ANY communications or materials, they will be treated as non-confidential. By sending us communications and materials, you give up any claim that our use of them violates ANY of your rights. 

  

Any material you submit to us may be used by us anywhere in the world, in any way. You agree that we are free to use, without any compensation to you, any concepts, ideas, know-how, or techniques contained in any communication you send to us for any purpose whatsoever. You also agree and understand that we do not have to use any materials or ideas you give us, and you have no rights to make us use them. 

  

  

10. Your Transmitted Material 

  

Mobile transmissions are never completely private or secure. You understand that any message or information you send through our App may be read or intercepted by others, even if encrypted. Sending information through the App does not cause us to have any special responsibility to you unless the law states otherwise. 

  

  

11. Minors 

  

You may not use our App if you are under 16 unless your parent or guardian accepts these terms on your behalf. 

  

  

12. Your Waiver of Class Action Resolution 

  

If you have a dispute with us, you agree that any proceedings to resolve the issue, in court or through arbitration, will be on an INDIVIDUAL basis. You will not participate in ANY capacity in ANY class or representative action, unless we separately and specifically agree to do so in writing. This provision does not apply if the law otherwise prohibits it. 

  

13. Arbitration 

  

You agree any dispute will be decided by binding Arbitration. To begin Arbitration, either you or we must make a written demand to the other party for Arbitration. 

  

The Arbitration will take place before a single arbitrator. It will be administered in keeping with the Expedited Procedures of the Commercial Arbitration Rules ("Rules") of the American Arbitration Association ("AAA") in effect when the claim is filed. You may get a copy of the AAA Rules by calling (800) 778-7879 or visiting www.adr.org. 

  

The filing fees to begin and carry out Arbitration will be shared equally between you and us. This does not prohibit the arbitrator from giving the winning party their fees and expenses of the Arbitration. 

  

Unless you and we agree, the Arbitration will take place in the county and state where you live in the United States, or if you do not live in the United States, Denver, CO. The Federal Arbitration Act (9 U.S.C. § 1, et seq.) will govern and not any state law on Arbitration. You agree and understand that this Arbitration clause means that you give up your right to go to court on any claim covered by this clause. You also agree that any Arbitration proceeding will only consider your claims. Claims by, or on behalf of, other individuals will not be arbitrated in any proceeding that is considering your claims. 

  

In the event this Arbitration clause is unenforceable for any reason, you and we specifically agree to waive and forever give up the right to a jury trial. Any lawsuit will be tried before a judge, and not a jury. 

  

  

14. Disclaimer of Warranties and Damages—BETA experimental status. 

  

Your use the App is at your own risk. The App (including all content and functions including of the associated service) are provided "as is." We do not provide a warranty and your ability to recover damages is extremely limited. The App is a BETA experimental product and is not of commercial or consumer quality grade. 

  

To the fullest extent permissible by law, we make no representations or warranties of any kind whatsoever: 

a) Of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of any content published on or available through the App 

b) That the server that hosts our App is available or free of viruses or anything else that may harm your electronic equipment or data or software, or otherwise cause you harm, when you use our App 

UNDER NO CIRCUMSTANCES, INCLUDING OUR OWN NEGLIGENCE, WILL WE BE LIABLE FOR ANY CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, OR SPECIAL DAMAGES RELATED TO THE APP'S FUNCTIONS, CONTENTS, OR SERVICE, EVEN IF WE OR ONE OF OUR AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

  

Some states do not allow the exclusion of representations and warranties, or limitation of consequential or incidental damages, so the above exclusions or limitations may not apply to you. 

  

  

15. About Our Terms of Service 

  

These Terms, together with our Privacy Policy, are the entire agreement between Peak Education and you with respect to your use of the App. 

  

Any claim you may have with respect to your use of the App must be brought within 1 year after the claim or cause of action arises. If for any reason the court finds any provision of our Terms or Privacy Policy unenforceable, that provision will be enforced to the maximum extent permissible, and the remainder of our Terms or Privacy Policy will continue in full force and effect. 

  

Our Terms and Privacy Policy are governed by and construed in accordance with the laws of the State of Colorado, United States of America, without reference to its conflicts of law rules.