General Terms and Conditions

ANY PERSON OR ENTITY ("User") ACCESSING THE WEB SITE CREATED BY PEANUT LABS TO OFFER ITS NEW SERVICE (the "Crowdvi.be") OR ANY OF THE INFORMATION CONTAINED HEREIN AGREES TO AND IS BOUND BY THE FOLLOWING TERMS AND CONDITIONS OF THIS WEB SITE TERMS OF USE ("Agreement"):

The Crowdvi.be is operated by Peanut Labs, Inc. This Agreement is a legal agreement between the User and Peanut Labs for the Crowdvi.be Software Application Services you subscribe to. These Software Application Services include computer software, data storage mechanisms, databases and related designs, printed materials, and online or electronic documentation (Software Application Services, Application Services, or Software). By using the Software Application Services, you agree to be bound by these General Terms and Conditions. If you do not agree to these General Terms and Conditions, you are not authorized to use the Software Application Services.

1. PAYMENT

You agree to pay all applicable charges under this Agreement, including any applicable taxes or charges imposed by any government entity, and that Peanut Labs and/or Crowdvi.be may change its minimum pricing at any time. User must supply Peanut Labs and/or Crowdvi.be with correct credit card information, and any changes in credit card validity or expiration date must be updated. Peanut Labs and/or Crowdvi.be will automatically renew and charge User's account every month, quarter, or year for subscriptions. The renewal charge will be equal to the original subscription price, unless Peanut Labs and/or Crowdvi.be notifies User otherwise in advance. If the credit card cannot be processed for any reason, Peanut Labs and/or Crowdvi.be reserves the right to cancel the Service. If you are entitled to a free trial with your selected plan, you will submit your credit card information and a 24- hour hold will be placed on the credit card. Once the free trial has ended, your card will automatically be charged the full subscription price unless you cancel within the allotted time.

2. REFUND POLICY

Clients subscribing to our services on a recurring basis will have their credit cards charged the full recurring charge for the service in advance. If you need a refund, you will receive a prorated refund for services that have not yet been used.

3. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Service's registration process. All information about you provided during the registration process must be truthful, and you may not use any aliases or other means to mask your true identity. 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 Peanut Labs and/or Crowdvi.be 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. Peanut Labs and/or Crowdvi.be cannot and will not be liable for any loss or damage arising from your failure to comply with this Section.

4. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not Crowdvi.be, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. Peanut Labs and/or Crowdvi.be does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will Peanut Labs and/or Crowdvi.be be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for 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 Service.

User agrees not to attempt to damage, deny service to, hack, crack, reverse-engineer, or otherwise interfere (collectively, "Interfere") with Crowdvi.be's web site in any manner. If User in any way Interferes with the PL Service's web site, User agrees to pay all damages incurred by Peanut Labs and/or Crowdvi.be, including any consequential damages, and agrees that the measure of hard to determine damages will be the highest estimate of damages as provided by Peanut Labs and/or Crowdvi.be. User's Interference with Crowdvi.be's web site relieves Peanut Labs and/or Crowdvi.be of any of its contractual or other legal obligations to User, including the Crowdvi.be's obligations under its Privacy Policy. Peanut Labs and/or Crowdvi.be will cooperate with the authorities in prosecuting any User who Interferes with Crowdvi.be's web site, attempts to defraud Peanut Labs or Crowdvi.be, or attempts to defraud credit card companies or any other parties through User's use of the PL Service's web site or services.

You agree to not using this Service to:

  • Upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
  • Harm minors in any way;
  • Impersonate any person or entity, including, but not limited to, a Peanut Labs or Crowdvi.be official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • 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);
  • 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;
  • 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;
  • Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
  • 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;

Violation of any of the items in this Section relieves Peanut Labs and Crowdvi.be of any of its contractual or other legal obligations to User, including Crowdvi.be's obligations under its Privacy Policy. Peanut Labs and/or Crowdvi.be reserves the right to refuse any or all service to any User for any reason, at any time, at Peanut Labs and/or Crowdvi.be's sole discretion. User agrees that Peanut Labs and/or Crowdvi.be may block its IP address or addresses at any time, and at Peanut Labs and Crowdvi.be's sole discretion, thereby disallowing User's continued use of Crowdvi.be's web site.

5. COMPLIANCE WITH AGREEMENT AND LAWS

You shall use Crowdvi.be only in compliance with this Terms of Use, the FTC's CAN-SPAM Law, and all other applicable U.S., state, local, and international laws (including, but not limited to, policies and laws related to spamming, copyright and trademark infringement, defamation, privacy, obscenity, and child protective email address registry laws).

You also agree not to 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.

Although Peanut Labs has no obligation to review the content provided by you or your use of the survey tool, the PL Service may do so and may block any email messages and or terminate any use of the survey tool that Peanut Labs believes may be (or is alleged to be) in violation of the foregoing.

You also agree not to upload survey links to message boards or newsgroups without express permission.

6. MODIFICATIONS TO SERVICE

Peanut Labs and/or Crowdvi.be reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Peanut Labs and/or Crowdvi.be shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You agree that Peanut Labs and/or Crowdvi.be has no responsibility or liability for the deletion or failure to store any survey data or other Content maintained or transmitted by the Service. You acknowledge that Peanut Labs and/or Crowdvi.be reserves the right to delete accounts that are inactive for an extended period of time. You further acknowledge that Peanut Labs and/or Crowdvi.be reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

7. COPYRIGHTS

The Software Application Services are protected by copyright laws and international copyright treaties, as well as other intellectual property laws and treaties. The Software Application Services are licensed, not sold. All title and copyrights in and to the Software are owned by Peanut Labs or its suppliers. All title and intellectual property rights in and to the content which may be accessed through use of the Software Application Services is the property of the respective content owner and also may be protected by applicable copyright or other intellectual property laws and treaties.

8. LINKS TO THIRD PARTIES

Peanut Labs and/or Crowdvi.be makes no claims or representations about any Web Site not under Peanut Labs control that a User may access from Crowdvi.be's web site-- by link, frame, or any other means ("Linked Site"). Any link, frame, or any other means to access any Linked Site provided by Peanut Labs or otherwise on the PL Service's web site does not constitute Peanut Labs endorsement, recommendation, or acceptance of any responsibility for the content of that Linked Site or the operators of that Linked Site.

9. PRIVACY

Use of the Crowdvi.be website and/or service is also governed by our Privacy Policy.

10. LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Crowdvi.be SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE Crowdvi.be SITES/SERVICES AND TO THE INFORMATION THEREIN. PEANUT LABS AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN Crowdvi.be SITES/SERVICES AT ANY TIME.

PEANUT LABS AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN Crowdvi.be SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. PEANUT LABS AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT PEANUT LABS SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH THE PL SERVICE SITE/SERVICE. YOU SPECIFICALLY AGREE THAT PEANUT LABS IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT PEANUT LABS IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN Crowdvi.be SITE/SERVICE BY ANY THIRD PARTY.

11. TERM AND TERMINATION

These Terms and Conditions will remain in full force and effect while you use the Crowdvi.be and/or are a registered user. You may terminate your account at any time. Even after your account is terminated, these Terms and Conditions will remain in full force and effect.

12. INDEMNIFICATION

You agree to indemnify, hold harmless and defend Peanut Labs, its parent company, subsidiaries, affiliates, officers, directors, employees, agents, partners, and their respective successors and assigns against any and all claims, counterclaims, suits, demands, actions, causes of action, damages, setoffs, liens, attachments, debts, expenses, judgments, losses or other liabilities of whatever kind or nature as they are incurred or threatened (including but not limited to cost of defense, settlement, and reasonable attorneys' fees), arising from or out of or in connection with the following, without limitation:

a) A breach by you of these Terms and Conditions or any obligation or covenant in this Agreement;

b) A violation of any law, rule, regulation, or authority by you in connection with the performance of this Agreement, or your use of the Service;

c) Any negligent, reckless or intentional acts or omissions committed by you in connection with the entry into or performance of this Agreement or your use of the Service;

d) A claim against you that the Service infringes the patent, copyright, trademark, trade secret or other intellectual property rights of any third party; or

e) A claim of libel, false advertisement, slander, defamation, copyright infringement, infringement of moral rights, trademark infringement, false designation of origin, disparagement, violation of privacy, publicity, identity or other proprietary rights, violation of patent or shop rights, piracy or plagiarism that arises in connection with your performance under this Agreement or your use of the Service.

f) Further, Peanut Labs shall provide you with: (a) prompt written notice of such claim or action; (b) sole control and authority over the defense or settlement of such claim or action (except that you shall not enter into any settlement that materially adversely affects Peanut Lab's rights or interests without Peanut Lab's prior approval); and (c) proper and full information and reasonable assistance, provided at your sole expense, in connection with the defense or settlement of any such claim or action. Notwithstanding the foregoing, Peanut Labs shall have the right, in its sole discretion, to participate in the defense at its own expense with a counsel of its choosing.