Terms


Last revised on July 8, 2015.

Thank you for visiting Pingwheel, owned by Pingwheel, LLC. (“Pingwheel).

Pingwheel is accessible through it website, www.pingwheel.com, on both mobile devices and computers (collectively, the “Service”) . Upon entering as a user ("User") of Pingwheel, you understand and agree to the Terms of Use (“Agreement”), whether or not you create a Pingwheel account. Please carefully read the Terms of Use before creating an account.

By accessing Pingwheel, you agree to the Terms of Use, Pingwheel Privacy Policy, and Data Policy, as updated, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to the terms of this Agreement, including the Pingwheel Privacy Policy and Data Policy, you are not allowed use the Service.

You hereby acknowledge that Pingwheel’s Terms of Use supersede any third party Terms of use, including any integrated third party websites and apps including, but not limited to, Instagram, Facebook, Twitter, MySpace, LinkedIn and Pinterest.

By accessing Pingwheel, you agree to the Terms of Use and Pingwheel Privacy Policy, as updated from time to time, which is incorporated by reference into this Agreement and available in the Service. If you do not accept and agree to the terms of this Agreement, including the Pingwheel Privacy Policy, do not use the Service.

Privacy

User privacy is very important to Pingwheel. Our Privacy Policy includes various important disclosures about how to use Pingwheel to meet others. It also includes information on how we collect, store and use content and information. Please carefully read our Data Policy before creating an account.
  • Acceptance of Terms of Use Agreement.
    • As a User, you acknowledge and agree to the terms of this agreement. The Pingwheel Terms of Use is an electronic contract that establishes the binding terms must accept in order to use the Service. To withdraw this consent, you must cease using Pingwheel and terminate your account. This Agreement includes Pingwheel’s:
      • Privacy Policy
      • And terms disclosed
    • Pingwheel reserves the right to modify (update, change, overhaul, rephrase, add and subtract content) our Terms of Use, at our discretion. Such modifications will be effective upon posting on the site. By continuing use of the Service after the posting of modifications, you are agreeing to the updated Terms of Use. The date of the latest revision of the Terms will be noted at the beginning of the Agreement.
  • Creating an Account.
    To create an account, Pingwheel users provide their real names and current location. By using Pingwheel, you will agree to uphold a code of conduct relating to the registration and security of your account, as well as the integrity of the site.
  • Eligibility and Conduct
    • By creating an account, you agree to represent yourself honestly, by using your full legal name, as applicable at the time of creating your account. Should your name change at any point after you have created your account, you also agree that you will update your account name accordingly at the beginning of your next session on Pingwheel.
    • You acknowledge and agree that you are over the age of 18 years old, that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.
    • You agree that you are not creating multiple personal accounts, or any account for another individual without their written permission.
    • You agree that you will not share your password or transfer your account to any individual or entity.
    • You agree that you will limit your use of Pingwheel for personal interests, and will not use the site for business or professional gain, whether for expressed financial gain or not.
    • Finally, you agree to keep any relevant information, including email, contact and personal information, private and updated.

    Violation of any of the expressed conditions, including any unexpressed offenses done outside the scope of Pingwheel's core purpose (as deemed by Pingwheel) may constitute in termination of the account. If your account does get terminated for misconduct, you agree that you will not create another account in general. If you use the Service from outside of the United States, you are responsible for complying with the laws and regulations of the territory from which you are using and accessing the Service, as well as those of the United States.
  • Term and Termination.
    This Agreement will remain in full force and effect while you use the Service and/or have a Pingwheel account. You may disable your account at any time, for any reason. Pingwheel reserves the right to terminate or suspend your account at any time at its sole discretion, without notice, cause or reason. Pingwheel is not required to disclose, and may be prohibited by law from disclosing, the reason for terminating or suspending your account. After your account is terminated for any reason, all terms of this Agreement survive such termination, and will continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
  • Non-commercial Use by Users.
    The Service is for individuals and personal use only. Users may not create accounts with the intent of commercial use. No part of Pingwheel, or any content contained within Pingwheel (including, but not limited to: user content, various forms of media including graphics, images, videos, software, logos and any type of code, design structure, design features including TICs (things in common) and similar proprietary elements and features) for commercial endeavors, such as advertising, soliciting users for commercial-gain and networking.

  • ANY AND ALL ORGANIZATIONS (including sole proprietorships or businesses that have yet to be incorporated), REGARDLESS OF SIZE AND CORPORATE STRUCTURE, IS PROHIBITED FROM USING THE SERVICE.

    Pingwheel reserves the right to investigate and take any available legal action in response to illegal and/or unauthorized uses of the Service, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to the Service.
  • Account Security.
    Individual users are responsible for maintaining account confidentiality. You are solely responsible for any activities occurring under your account. If there has been any suspicion of unauthorized use of your account, you agree to make corrective measures such as changing your user name and password as soon as possible, as well as maintain responsible user habits such as logging out of your account at the conclusion of each session.
  • Your Interactions with Other Users.
    • YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PINGWHEEL CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS USERS. THE COMPANY ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. PINGWHEEL RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS. PINGWHEEL MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS.
    • Pingwheel is not responsible for the conduct of any user. In no event shall Pingwheel, its employees, owners, founders, affiliates or its partners be liable (directly or indirectly) for any losses or damages, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, but not limited to, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service.
    • You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. You understand Pingwheel makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.
  • Proprietary Rights.
    Pingwheel owns and retains all proprietary rights in the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Service contains the copyrighted material, trademarks, and other proprietary information of Pingwheel and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible through the Service, without first obtaining the prior written consent of Pingwheel or, if such property is not owned by Pingwheel, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
  • Content Posted in the Service.
    • You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to Pingwheel or any other user (either on or off the Service) any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that:
      • All information that you submit upon creation of your account, including information submitted from your Pingwheel account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false
      • And you have the right to post the Content on the Service and grant the licenses set forth below.
    • You understand and agree that Pingwheel may, but is not obligated to (I’d eliminate this), monitor or review any Content you post as part of a Service. Pingwheel may delete any Content, in whole or in part, that in the sole judgment of Pingwheel violates this Agreement or may harm the reputation of the Service or Pingwheel.
    • By posting Content as part of the Service, you automatically grant to Pingwheel, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, transferable, sub-licensable, fully paid-up, worldwide right and license to (i)
      • Use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content
      • Prepare derivative works of the Content or incorporate the Content into other works
      • And grant and authorize sublicenses of the foregoing in any media now known or created at a later time. You represent and warrant that any posting and use of your Content by Pingwheel will not infringe or violate the rights of any third party.
    • Safety and Security. Using Pingwheel should be fun and safe. To ensure that you have a great place where users can feel assured, your behavior will abide by the following:
    • Any third party entity referenced on Pingwheel, either indirectly in a comment, profile picture, or through any third-party sites,  will still be limited to the Pingwheel Terms of Use. Pingwheel is also NOT liable for any content that includes the mention of another person (or entity’s) name or likeness.

    In addition to the types of Content described in "Content Posted in Service" above, the following is a partial list of the kind of Content that is prohibited in the Service. This list also applies to third-party content shared or posted on Pingwheel. You may not post, upload, display or otherwise make available Content that:
    • Promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
    • Advocates harassment or intimidation of another person;
    • Requests money from, or is intended to otherwise defraud, other users of the Service;
    • Involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing or “spamming” (or “spimming”, “phishing”, “trolling” or similar activities);
    • Promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
    • Promotes an illegal or unauthorized copy of another person’s copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture- installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
    • Contains any media, including but not limited to: video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
    • Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
    • Provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
    • Provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses;
    • Contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
    • Impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
    • Provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
    • Disrupts the normal flow of dialogue, causes a screen to “scroll” faster than other users are able to type, or otherwise negatively affects other users’ ability to engage in real time exchanges;
    • Solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person’s personal information without his or her permission; and
    • Publicizes or promotes commercial activities and/or sales of any kind
    • You will not do anything that could disable, overburden, or impair the proper working or appearance of Pingwheel, such as a denial of service, attack or interference with page rendering or other Pingwheel functionality.
    • You will not upload viruses or other malicious code, or any code that impairs or aims to impair the working of Pingwheel. In addition, you will not upload any code that aims to improperly collect or aggregate information about Pingwheel or Pingwheel's users.
    • You will not facilitate or encourage any violations of this Statement or our policies.
    • You will not use Pingwheel to do anything unlawful, misleading, malicious, or discriminatory.
    • You will not bully, intimidate, or harass any user on Pingwheel, or through content shared from a third-party platform.
    • You will not post content that is: hate speech, threatening, or pornographic; incites violence; or contains nudity or graphic or gratuitous violence.
  • Prohibited Activities.
    Pingwheel reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way Pingwheel regards as inappropriate or unlawful, including actions or communications that occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
    • Impersonate any person or entity.
    • Solicit money from any users.
    • Post any Content that is prohibited in the Terms of Use
    • “Stalk” or otherwise harass any person.
    • Express or imply that any statements you make are endorsed by Pingwheel without our specific, prior written consent.
    • Use the Service in an illegal manner or to commit an illegal act;
    • Access the Service in a jurisdiction in which it is illegal or unauthorized;
    • Ask or solicit users to conceal the identity, source, or destination of any illegally gained money or products.
    • Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Service or its contents.
    • Collect usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Service.
    • Interfere with or disrupt the Service or the servers or networks connected to the Service.
    • Email or otherwise transmit 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.
    • Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Service (either directly or indirectly through use of third party software).
    • “Frame” or “mirror” any part of the Service, without Pingwheel’s prior written authorization.
    • Use meta tags or code or other devices containing any reference to Pingwheel or the Service (or any trademark, trade name, service mark, logo or slogan of Pingwheel) to direct any person to any other website for any purpose.
    • Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service, any software used on or for the Service, or cause others to do so.
    • Post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Service other than solely in connection with your use of the Service in accordance with this Agreement.
    • Pingwheel reserves the right, in its sole discretion, to investigate and take any legal action against anyone who violates this provision, including removing the offending communication from the Service and terminating or suspending the account of such violators.
    • Your use of the Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Pingwheel 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, such as to:
      • Comply with legal process
      • Enforce this Agreement
      • Respond to claims that any Content violates the rights of third parties
      • Respond to your requests for customer service or allow you to use the Service in the future
      • Or protect the rights, property or personal safety of Pingwheel or any other person.
    • You agree that any Content you place on the Service may be viewed by other users and may be viewed by any person visiting or participating in the Service.
  • Modifications to Service.
    Pingwheel reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pingwheel shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service. To protect the integrity of the Service, Pingwheel reserves the right at any time in its sole discretion to block users from certain IP addresses from accessing the Service.
  • Copyright Policy; Notice and Procedure for Making Claims of Copyright Infringement.
    You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. If you believe that your work has been copied and posted on the Service in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information:
    • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
    • A description of the copyrighted work that you claim has been infringed;
    • A description of where the material that you claim is being infringed is located on the Service (such description must be reasonably sufficient to enable Pingwheel to find the alleged infringing material, such as a url);
    • Your address, telephone number and email address;
    • A written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
  • Disclaimers.
    • You acknowledge and agree that neither Pingwheel nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of:
      • Any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service;
      • The timeliness, deletion or removal, incorrect delivery or failure to store any Content, communications or personalization settings;
      • The conduct, whether online or offline, of any user;
      • Any error, omission or defect in, interruption, deletion, alteration, delay in operation or transmission, theft or destruction of, or unauthorized access to, any user or user communications;
      • Or any problems, failure or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users or to any other person’s computer or device related to or resulting from participating or downloading materials in connection with the Internet and/or in connection with the Service.
    • TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, PINGWHEEL PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. PINGWHEEL DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, SECURE OR THAT ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE CORRECTED.
    • ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE 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 DEVICE, COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE.
    • From time to time, Pingwheel may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third party authors are solely responsible for such content. PINGWHEEL DOES NOT:
      • GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICE
      • OR ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS IN THE SERVICE. UNDER NO CIRCUMSTANCES WILL PINGWHEEL OR ITS AFFILIATES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED IN THE SERVICE, OR TRANSMITTED TO OR BY ANY USERS.
      • In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted in the Service is for informational and entertainment purposes only, not intended to replace or substitute for any professional financial, medical, legal, or other advice. Pingwheel makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Service. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
  • Links.
    The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Pingwheel is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources. Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. You further acknowledge and agree that Pingwheel 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 the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.

  • You may not create a link to any page of this website without Pingwheel’s prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
    We do not monitor or review the content of other party's websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. Pingwheel will not accept any responsibility for any loss or damage, regardless of its cause, resulting from your disclosure to third parties of personal information.
  • Limitation on Liability.
    TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL PINGWHEEL, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION TO LOSS OF PROFITS, LOSS OF GOODWILL, DAMAGES FOR LOSS, CORRUPTION OR BREACHES OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, PINGHWHEEL’S LIABILITY TO YOU FOR ANY CAUSE, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO PINGWHEEL FOR THE SERVICE WHILE YOU HAVE AN ACCOUNT. 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 SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. IN NO EVENT WILL THE PINGWHEEL PARTIES TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OR ACTIONS EXCEED ZERO UNITED STATES DOLLARS.
  • Arbitration.
    • The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or the Service shall be BINDING ARBITRATION administered by the American Arbitration Association. You, as a User, may not under any circumstances commence or maintain against Pingwheel any class action, class arbitration, or other representative action or proceeding.
    • By using the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and Pingwheel (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons. For details on the arbitration process, see our Arbitration Procedures.
    • Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Pingwheel may be commenced only in the courts located in Miami-Dade County, Florida. You hereby consent to the jurisdiction of those courts for such purposes.
    • This Agreement, and any dispute between you and Pingwheel, shall be governed by the laws of the state of Delaware without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act (REVIEW THIS).
    • Details about arbitration procedures can be found at Pingwheel.com
  • Indemnity by You.
    You agree to indemnify and hold Pingwheel, its subsidiaries, and affiliates, and its officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post in the Service, and the violation of any law or regulation by you. Pingwheel reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pingwheel in connection therewith.
  • Notice.
    Pingwheel may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
  • Entire Agreement; Other.
    This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and Pingwheel regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of Pingwheel to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind Pingwheel in any manner.
  • Amendment.
    This Agreement is subject to change by Pingwheel at any time.
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