TERMS OF SERVICE
It is our pleasure at Peach Technology Inc. (herein as "Peach Technology", "PTe", "Reporting Incident", "RI", "We", or "us") to welcome and serve you at our website, ("www.reportingincident.com"), and its respective mobile application ("RI"), collectively referred as "Platform".
PLEASE READ THE FOLLOWING TERMS CAREFULLY.
REGISTERED ORGANIZATION: Under this agreement, organization that is subscribes to Peach Technology's platform is known as "Registered Organization".
ARBITRATION NOTICE: Except for certain kinds of disputes described in Section 12, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND PEACH TECHNOLOGY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. YOU AGREE TO GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS UNDER THIS CONTRACT (except for matters that may be taken to small claims court). Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. (See Section 12.)
1.1 Reporting Incident Platform is owned and operated by Peach Technology.
1.2 The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), software, services, and all other elements of the Platform ("Materials") are the property of Peach Technology or its third party licensors.
1.3 Peach Technology reserves all rights to the Materials not granted expressly in these Terms.
- SERVICE OVERVIEW
2.1 Reporting Incident allows individuals associated with a registered and non registered organizations to report incidents relating to all forms of Assault, Discrimination, and or Harassments that one has experienced, or witnessed at the place of employment, education or worship.
2.2 A person who report an incident in the Platform is referred as "Claimant".
2.3 Under the Platform, organizations have the ability to review the reported incident, process it according to what the constitution guaranteed of both the Claimant and the Accused before adjudicating the claim in the manner that is consistent with the organizational policies and procedures.
2.4 Once an incident associated with a Registered Organization is reported, a notification is instantly delivered to all responsible parties within that organization via email.
2.5 An individual who is approved to receive and review all reported incidents within a registered organization is referred as Mediator in the Platform.
2.6 Mediator process a claim, add investigative findings, invite witness to attest to what they know, invite third party's input or mediate the entire process through a third party (neutral arbitrator), before closing the claim according to the organization policies and procedures. A claim is a reported incident through the Platform.
2.8 Any incident filed in the Platform can never be deleted by any party. This is also true for all registered users within the Platform.
2.9 User can be deactivate, suspended, or activated, while a claim can be suspended or closed.
3.1 To use Peach Technology Platform, you must be of legal age of work, or attending school in your appropriate jurisdiction.
- REPRESENTATIONS AND WARRANTIES; AND PROHIBITED CONDUCTS
4.1 Representations and Warranties:
By Agreeing to These Terms, You Present and Warrant to us that:
(a) You are at least of legal age of work or attend school in your appropriate jurisdiction;
(b) You will comply with these Terms;
(c) You will file your incident report in good faith;
(d) You will comply with all applicable laws and regulations in your use of Platform.
4.2 Prohibited Conducts:
By Using The Platform You Agree Not To:
(a) Use the Platform for any illegal purpose or in violation of any local, state, or national, or international laws or regulations;
(b) Demean, Embarrass, Harass, Threaten or otherwise harm any other person or entity;
(c) File a false incident report or make a knowingly false or fraudulent claim about an incident or other information obtained via the Platform, (including manufacturing an individual or incident, or file a claim for spiteful or malicious reasons);
(d) Perform any fraudulent activity including impersonating any person or entity, or claim a false association, or forge or manipulate headers to disguise the origin of any traffic to the platform;
(e) Attempt to identify in any manner, including by reverse engineering the identity of any other person who filed an incident through Peach Technology Platform or help anyone else identify the Claimant (unless compelled to do so by law or legal process);
(f) Retaliate against a Claimant;
(g) Obtain or attempt to obtain unauthorized access to the platform, or to Peach Technology's system, network or data, or interfere with security-related features of the Platform, the operation of the Platform, or any user's enjoyment of the Platform;
(h) Systematically track any visitor or user of the Platform, or extract, collect, or harvest through electronic means or otherwise (e.g., without limitation, robots and spiders) any data or data fields from the Platform;
(i) Post content containing advertisements or commercial solicitations or promotions;
(j) Make available any content that you do not have the right to make available or that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any person or entity;
(k) Make available any content that is harmful to children, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable.
4.3 Content Removal:
Peach Technology reserves the right to remove any content submitted in violation of these Terms or for any other reason determined by Peach Technology in its sole discretion, except any incident filed in its platform. Furthermore, Peach Technology is not liable in any shape or form for any false, unreliable, malicious, extortionate, repetitive, out-of-scope incident reported in its Platform.
5.1 If you choose to provide input and suggestion regarding problems with or proposed modifications or improvements to the Platform ("Feedback"), you will be hereby grant Peach Technology an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit the Feedback in any manner and for any purpose, including to improve the Platform and create other products and services.
- Third Party Terms:
6.1 . The Plateform may include or incorporate third party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distributed those components (“Third Party Components”). Although the Plateform is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third Party Components under the applicable third party licenses or to limit your use of Third Party Components under those third party licenses.
- Modification of These Terms
7.1 . We reserve the right to change these Terms on a going-forward basis at any time upon notice. Please check these Terms periodically for changes. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Plateform. Except as expressly permitted in this Section 7, these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.
- Term, Termination, and Modification of the Plateform
8.1 Term. These Terms are effective beginning when you accept the Terms or first use of the Plateform, and ending when terminated as described in Section 8.2.
8.2 Termination. If you violate any provision of these Terms, your authorization to access the Plateform and these Terms automatically terminate. In addition, Peach Technology may, at its sole discretion, terminate these Terms or suspend or terminate your access to the Plateform, at any time for any reason or no reason, with or without notice.
8.3 Effect of Termination. Upon termination of these Terms: (a) you must immediately cease all use of the Plateform; (b) you will no longer be authorized to access the Plateform; and (c) Sections 4, 5, 8.3, 9, 10, 11, 12 and 13 will survive.
8.4 Modification of Platform: Peach Technology reserves the right to modify or discontinue your use of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanent after notifying you via the email you provided during account registration. Hence it is your duty to ensure at all times, your account contains updated email address. Upon notifying you via email, Peach Technology will have no liability for any change to the Platform or any suspension or termination of your access to or use of the Platform.
9.1 . To the fullest extent permitted by law, you are responsible for your use of the Plateform, and you will defend and indemnify Peach Technology and its officers, directors, employees, consultants, affiliates, subsidiaries and agents (together, the “Peach Technology Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or connected with: (a) your unauthorized use of, or misuse of, the Plateform; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party; (e) any effort by you to identify another user of the Plateform. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your financial indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
- Disclaimers; No Warranties
10.1 . THE PLATEFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATEFORM ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. PEACH TECHNOLOGY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE PLATEFORM AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE PLATEFORM, INCLUDING: (A) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (B) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. PEACH TECHNOLOGY DOES NOT WARRANT THAT THE PLATEFORM OR ANY PORTION OF THE PLATEFORM, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE PLATEFORM, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND PEACH TECHNOLOGY DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.
10.2 . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE PLATEFORM OR PEACH TECHNOLOGY ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE PLATEFORM WILL CREATE ANY WARRANTY REGARDING ANY OF THE PEACH TECHNOLOGY ENTITIES OR THE PLATEFORM THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE PLATEFORM AND YOUR DEALING WITH ANY OTHER PLATEFORM USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE PLATEFORM AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE PLATEFORM) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.
10.3 . THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. Peach Technology does not disclaim any warranty or other right that Peach Technology is prohibited from disclaiming under applicable law.
- Limitation of Liability
11.1 . To the fullest extent permitted by law, in no event will the Peach Technology entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the Plateform or any materials or content on the Plateform, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Peach Technology entity has been informed of the possibility of damage.
11.2 . Except as provided in section 12.4 and to the fullest extent permitted by law, the aggregate liability of the Peach Technology entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the Plateform or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of $100 and the amount you have paid Peach Technology in the preceding months.
11.3 . Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. this allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. the limitations in this section 11 will apply even if any limited remedy fails of its essential purpose.
- Dispute Resolution and Arbitration
12.1 Generally. In the interest of resolving disputes between you and Peach Technology in the most expedient and cost effective manner, and except as described in Section 12.2, you and Peach Technology agree that every dispute arising in connection with these Terms will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND PEACH TECHNOLOGY ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
12.2 Exceptions. Despite the provisions of Section 12.1, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
12.3 Arbitrator. Any arbitration between you and Peach Technology will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (collectively, “AAA Rules”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting Peach Technology. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
12.4 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). Peach Technology’ address for Notice is: Peach Technology 1161 Wayzata Blvd E #35 Wayzata, MN 55391 The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Peach Technology may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Peach Technology must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Peach Technology in settlement of the dispute prior to the award, Peach Technology will pay to you the higher of: (I) the amount awarded by the arbitrator; or (ii) $10,000.
12.5 Fees. If you commence arbitration in accordance with these Terms, Peach Technology will reimburse you for your payment of the filing fee, unless your claim is for more than $10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in Los Angeles County, California, but if the claim is for $10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your billing address. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse Peach Technology for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
12.6 No Class Actions. YOU AND PEACH TECHNOLOGY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Peach Technology agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
12.7 Modifications to this Arbitration Provision. If Peach Technology makes any future change to this arbitration provision, other than a change to Peach Technology’ address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Peach Technology’ address for Notice of Arbitration, in which case your account with Peach Technology will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
12.8 Enforceability. If Section 12.6 is found to be unenforceable or if the entirety of this Section 12 is found to be unenforceable, then the entirety of this Section 12 will be null and void and, in that case, the parties agree that the exclusive jurisdiction and venue described in Section 13.2 will govern any action arising out of or related to these Terms.
13.2 Governing Law. These Terms are governed by the laws of the State of Minnesota without regard to conflict of law principles. You and Peach Technology submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Twin Cities of Minnesota for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in the state of, Minnesota U.S.A., and we make no representation that Materials included in the Service are appropriate or available for use in other locations.
13.4 Additional Terms. Your use of the Plateform is subject to all additional terms, policies, rules, or guidelines applicable to the Plateform or certain features of the Plateform that we may post on or link to from the Plateform (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
13.6 Contact Information. The Plateform is offered by Peach Technology Corporation, located at: 1161 Wayzata Blvd E #35 Wayzata, MN 55391. You may contact us by sending correspondence to that address or by emailing us at: email@example.com