The Code Pinke (“Company”) Terms of Use (“Terms”) govern your use of the services offered by Code Pinke and its third party affiliates. Your use of the services offered by Code Pinke is your assent to the company’s Terms of Use as well as the Privacy Policy and the use of such services established a contractual relationship between Code Pinke and the user. Users of the site should review all aspects of the two policies and if you do not agree with the Terms or the Privacy Policy you must not use this website and no contractual relationship is created between Code Pinke and you, the user. Code Pinke reserves the right to make updates and changes to the Terms of Use which will be posted here. Any use of the services offered by Code Pinke after such changes and amendments constitute an assent to the changes and updates to be bound by the amended terms.
Definitions
“Services” refers to all services provided by Code Pinke and its third party contractors, affiliates and partners. The term services further means the use of the application, verbal communications with any users and any other communications initiated by or directed towards Code Pinke. “Company” refers to Code Pinke as well as all of the authorized third party affiliates, contractors, affiliates and partners who work directly with Code Pinke or act as an authorized agent or representative and are all referred to individually as company. “User” refers to the user as the contractor whether requesting or providing service as well as anyone creating an account in anticipation of providing or requesting a service offered by Code Pinke or a visitor to the site. “Contract” refers to the specific, direct, written contracts made between Code Pinke and the user and such contracts shall prevail over the general Terms of Use should there be a conflict between the two.
Description of Services
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Rules of Use of Services
Any use of the services provided by the company is done at the voluntary and free will of the user. By using the service the user affirms that they are at least 18 years of age or are of the legal age to enter into a contract and to be bound by the contract’s terms and agreements. The User agrees that all the information submitted which is required to create an account is true and accurate. User also agrees to update and maintain the account current and make any necessary changes to information as they become necessary. User also confirms that any use of the service is not in violation of any state or federal laws and agree to be bound by all national safety regulations and standards along with the Patriot Act and other national security laws and regulations. The use of the services is through a grant of an exclusive, revocable, non-transferrable license to the user by Code Pinke with which the user can access the application and services, and the related content, information and services related to the service. User is responsible for all activity that occurs under your account even if cause indirectly by user negligence. It is user’s obligation to maintain control over the account at all times and may not authorize third parties access. Any rights not expressly granted herein are reserved by Code Pinke. User agrees to comply and adhere to all applicable laws and only use the services for lawful purposes. The Services cannot be used to conduct any type of transaction any portion of which would be in violation of laws. The Services may not be used to cause a disturbance, annoyance, pose a threat or violate any rights of a third party. All uses of the Services provided by Code Pinke are for lawful purposes only any unlawful or unethical use of such services warrants an immediate suspension and possible cancellation of the user’s account and prohibition from using the services in the future.
Content Uploaded by User
From time to time the User may be permitted to upload limited and specific content to the Code Pinke application and website including all commentary, opinions, suggestions, observations, etc., both visual and textual. When uploading such content to the site the user willingly grants Code Pinke a perpetual, universal, irrevocable royalty-free license with the right to sublicense, copy, modify and publish, distribute and otherwise utilize and exploit the content in any manner available to Code Pinke, without any further notice to user. User further warrants that any content uploaded by them, unless otherwise explicitly noted, is the sole property of the User and the User has all rights to use the publication and any use of the publication, initially by the User or subsequently by the Company, does not violate any third party rights, neither intellectual, proprietary, privacy or any applicable laws or regulations. No content may be uploaded which is abusive, offensive, in violation of any applicable laws. Any such content will immediately be reviewed and removed by the Company without notice to the User and any content that is deemed threatening the rights of others may be turned over to the appropriate authorities. User agrees not to copy, display, alter or publish any content found on the Code Pinke site or its third party affiliates, such action constitutes copyright infringement.
Payment for Services
All payments for services are to be made in the currency of the United States Dollars. The use of the service will result in charges to the User in the amount previously quoted or negotiated for by the User and Code Pinke. The Company uses a third party vendor to process all payments and will collect such payments from the user when the services have been performed. Upon completion of the services the Company will disperse the payment to the appropriate party. All payments collected are final and non-negotiable and non-refundable, unless specifically requested by a third party provider. All charges are due immediately upon the receipt of service. All charges will be made to the payment method on file. If the payment method is not valid or unavailable Code Pinke reserves the right to withhold the service until payment is completed. Payment quotes may change from time to time due to supply and demand and the Company reserves the right to make changes to the to the charges with prior explicit notification to the User. A cancellation fee will apply to all service requests which are not cancelled within a mutually agreed upon time period between the Users. All charges are for services provided only including all applicable taxes and fees.
Responsibility of Use
The User is responsible for any and all damages caused by the User, his/her equipment or as a directly result of negligence or misinformation. User is required to carry sufficient liability insurance to cover all damages and repairs. Code Pinke will contact the User to advise them if a repair is needed and the User is responsible for facilitating all necessary steps to ensure the issue is resolved satisfactorily. In an even where Code Pinke determines that an immediate repair is necessary and pays for said repair, Code Pinke reserves the right to recover from the User the full cost of the repair plus all applicable fees as within the legal provisions.
Warranties and Representations
ALL SERVICES PROVIDED BY Code Pinke ARE “AS IS”. THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS WITH REGARD TO THE FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY OF THE SERVICES AND MAKES NO IMPLIED OR EXPRESS WARRANTIES. Code Pinke MAKES NO REPRESENTATIONS WITH REGARD TO QUALITY, TIMELINESS, SUITABILITY, OR ACCURACY OF THE CONTENT FOUND ON THE WEBSITE OR APPLICATION.Code Pinke DOES NOT WARRANTY THE SERVICES OF THIRD PARTY PROVIDERS AND MAKES NO REPRESENTATIONS AS TO THEIR QUALITY, RELIABILITY OR ANY OTHER RELATION TO THE SERVICES PROVIDED. ALL SERVICES ENTERED INTO WITH THIRD PARTIES ARE AT THE RISK OF THE USER AND ARE NOT WARRANTIED BY Code Pinke OR ITS AFFILIATES.
Limitation of Liability
IN NO EVENT WILL Code Pinke BE DIRECTLY LIABLE FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, INDIRECT OR SPECIAL DAMAGES INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR DAMAGE OF PROPERTY EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER AGREES TO HOLD Code Pinke HARMLESS FROM ANY DAMAGES CAUSED DO TO SERVICE INTERRUPTION, FAILURE OF AVAILABILITY OF WEBSITE OR OTHER UNINTENTIONAL ACTS OF Code Pinke. Pelical Aerial Services IS NOT LIABLE FOR ANY DAMAGES OR SERVICE INTERRUPTIONS CAUSED BY THIRD PARTIES. USER AGREES THAT Code Pinke HAS NO RESPONSIBILITY OR LIABILITY IN RELATION TO ANY SERVICES OR GOODS PROVIDED BY THIRD PARTIES OR ANY SERVICES NOT IN THE DIRECT CONTROL OF Code Pinke. ALL CONTRACTS ENTERED INTO WITH THIRD PARTIES ARE AT THE RISK OF THE USER AND Code Pinke IS NOT RESPONSIBLE FOR ANY CONSEQUENTIAL DAMAGES ARISING OUT OF SUCH CONTRACTS. Code Pinke IS NOT RESPONSIBLE FOR ANY DELAYS RESULTING IN ACTIONS BEYOND THE COMPANY’S CONTROL. IN ANY EVENT Code Pinke’S TOTAL LIABILITY FOR ALL DAMAGES AND CAUSES OF ACTION SHALL NOT EXCEED THE ACTUAL AMOUNT PAID FOR SAID SERVICES. USER AGREES TO ALL TERMS IN THIS AGREEMENT AND AGREES TO BE BOUND BY IT. IN ALL EVENTS AND INSTANCES ALL USERS ARE PROTECTED BY Any APPLICABLE UCC AND CONSUMER PROTECTION LAWS OF THE JURISDICTION.
Indemnity
User agrees to indemnify Code Pinke, its directors, officers, employees and agents harmless from, any and all claims, demands, losses, damages and liabilities, actions and expenses including attorney fees and costs, arising out of, or in connection with User’s use of the Services provided by Code Pinke, User breach or violation of the Terms and Agreements or the Privacy Policy. If a User’s direct or indirect actions are the cause of an action against Code Pinke the User agrees to bear the responsibility for the Attorney fees and costs associated with defending such an action.
Choice of Law
This Agreement shall be governed by the laws of the State of Florida. Any claims or disputes arising out of this Agreement may only be tried in the jurisdiction of Pasco County, Florida, and by using the Services the parties agree and irrevocably consent to said jurisdiction.
Arbitration
User agrees that any controversy or cause of action arising out of the use of Services provided by Code Pinke or its Third Party affiliates will be settled by binding arbitration between the User and the Company. Each party nonetheless retains all applicable rights including the right to bring an individual action in small claims court only. User and the Company agree to waive the right to a trial by jury or to participate as a plaintiff in a class action lawsuit against the Company. The party seeking Arbitration must provide the other party written Demand for Arbitration in accordance with the American Arbitration Association (“AAA”) Rules and such request must be delivered by USPS with return receipt required. All Arbitrations are governed by the AAA and in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The parties will select a mutually agreed upon Arbitrator from the AAA approved list. If the parties are unable to agree within seven (7) days the AAA will appoint one. In an event that any portion, other than the Arbitration section, is deemed unenforceable the Arbitration clause will survive and we enforceable as a negotiated contract between the User and the Company.
Force Majeure
All parties agree that neither party shall be liable for a delay or failure of performance of the contract (except for payment of money) in events beyond parties’ control such as strikes, riots, fires, floods, acts of God, war, terrorism, earthquake, hostilities, embargoes, or any other event beyond reasonable control.
Severability
In the event that any part of this agreement or the Privacy Policy is found to be unenforceable, void or in conflict of another provision, the Agreement shall deem amended to modify such a provision to make it enforceable or another similar provision will be substituted. If such a provision cannot be amended and the exclusion of it will not change the material terms the Agreement then the rest of the Agreement will remain in force.
Non-waiver
Non-enforcement of any portion of this Agreement does not constitute a waiver of that portion nor any other portions of the Agreement in the present nor at any time nor does it waive the right of enforcement of the same provision in the future. Any waiver of a provision of this Agreement are only valid if in writing by an authorized party against whom such waiver is sought and only apply to the specific instance in the specific circumstances at a specific time.
Notice
Code Pinke may give notice via electronic mail sent to the address in the registered User’s account or by written communication sent by first class mail. All such notices shall be deemed received by the User within 48 hours after initial communication. Notice to Code Pinke may be given via electronic mail at info@CodePinke.us .
Entire Agreement
This agreement represents the entire agreement of the parties, and supersedes all prior agreements, communications, negotiations and proposals. In an event of a dispute of the Terms of Use this Agreement shall control. The parties agree that any other terms, negotiations, discussions and agreements are not part of this Agreement and shall not be incorporated into this Agreement as such unless expressly negotiated for between the parties with written consent from all parties.
Termination of Agreement
This Agreement may be updated from time to time by Code Pinke notice of such updates will be communicated to all Users via the method outlined in Section 15 of this Agreement and an updated version will be posted herein. This Agreement may be terminated by Code Pinke, either party if they file for bankruptcy or is adjudicated as bankrupt, or if either party commits a material breach of any of the terms of this Agreement. The obligation to keep information confidential or proprietary survives the termination of this agreement. The termination of this agreement does not relive any party from payment and other contractual obligations entered into prior to the termination of this Contract.