TERMS OF USE

Last Updated: July 2019

Peach Technology Corporation (“Pte”) provides a website (“Platform”) under a name of “Reporting Incident.” Please read these Terms of Use (“Terms”) carefully before using this Platform at www.reportingincident.com. By accessing or using this Platform, you agree to be bound by these Terms without change. These Terms are between Pte, you the user, and if you are using this Platform on behalf of a company or organization, such company or organization will also be considered a party to these Terms.

Privacy Policy
Pte is committed to privacy and strive to protect the personal and confidential information of those who use this Platform. Please read the Privacy Policy posted on this Platform carefully. The Privacy Policy is incorporated into and made a part of these Terms.

Terms of Use
Pte assumes no responsibility for any consequence relating directly or indirectly to any action or inaction based on the information, services, or other material on this Platform. While Pte strives to keep the information on this Platform accurate, complete, and up-to-date, Pte cannot guarantee and will not be responsible for any damage or loss related to the accuracy, completeness, or timeliness of the information or services on the Platform.

Intellectual Property
All contents and materials on this Platform are the property of Pte or its content suppliers, and are owned, copyrighted, licensed by, or used with permission that is granted to Pte. No reproduction, distribution, or transmission of the copyrighted materials at this Platform is permitted without the prior written permission of Pte.

Electronic Communications
By using this Platform, you consent to receiving certain electronic communications from Pte as further described in its Privacy Policy. Please read the Privacy Policy to learn more about its electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that Pte sends to you electronically will satisfy any legal communication requirements, including that those communications be in writing.

Your Account
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. Pte reserves the right to refuse service, terminate accounts, remove or edit content in its sole discretion.

Confidential Information
You agree that you will not disclose confidential information to any person or entity outside of your organization. You will not use or permit the use of any confidential information except as necessary in connection with your use of this Platform. You will use at least the same degree of care in safeguarding the confidential information as you use in safeguarding your own confidential information, but in no event will you use less than due diligence and care. "confidential information" means all information or material which: (i) is obtained from password protected portions of the website or (ii) which is (A) marked "Confidential," "Restricted,” or other similar marking, (B) known by the parties to be considered confidential, or (C) which should be known or understood to be confidential or proprietary by an individual exercising reasonable judgment.

Prohibited Conduct
As a condition of your use of this Platform, you warrant to Pte that you will not use the Platform for any purpose that is against the law or prohibited by these terms. If you violate any of these terms, your permission to use this Platform automatically ends.
By using this Platform, you agree not to:

  • use the Platform for any illegal purpose or in violation of any local, state, or national, or international laws or regulations;
  • demean, embarrass, harass, threaten, or otherwise harm any other person or entity;
  • 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);
  • 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;
  • attempt to identify in any manner, including by reverse engineering the identity of any other person who filed an incident through the Platform or help anyone else identify the Claimant (unless compelled to do so by law or legal process);
  • retaliate against a Claimant;
  • obtain or attempt to obtain unauthorized access to the Platform, or to Pte'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;
  • 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;
  • post content containing advertisements or commercial solicitations or promotions;
  • 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;
  • 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.

Content Removal
Pte reserves the right to remove any content submitted in violation of these terms or for any other reason determined by Pte in its sole discretion, except any incident filed in this Platform. Furthermore, Pte is not liable in any shape or form for any false, unreliable, malicious, extortionate, repetitive, out-of-scope incident reported in this Platform.

Feedback
If you choose to provide input and suggestion regarding problems with or proposed modifications or improvements to this Platform, you will be hereby grant Pte an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right to exploit such feedback in any manner and for any purpose, including to improve the Platform and create other products and services.

Modification of These Terms
Pte may change these terms from time to time and if Pte does, Pte will post any changes on this Platform. If you continue to use this Platform after those changes are in effect, you agree to the new terms.

Disclaimer of Warranties
You expressly understand and agree that your use of this platform and the information offered at the platform is at your sole risk. This platform is provided on an "As is" and "As available" basis. Pte expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Any material downloaded or otherwise obtained through the use of this platform is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

Limitation of Liability
You expressly understand and agree that pte shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses (even if advised of the possibility of such damages), resulting from:

  • the use or the inability to use this platform or information;
  • unauthorized access to or alteration of your transmissions or data;
  • statements or conduct of any third party on the website; or
  • any other matter relating to this platform or the information. In no event will our maximum liability to you exceed $100.

Applicable Law
By visiting this Platform, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will govern these terms and any dispute of any sort that might arise between you and Pte. You expressly consent to jurisdiction and venue of the federal and state courts of the State of Minnesota and the County of Hennepin or Ramsey with respect to any suit, claim or dispute arising out of, or relating to, these Terms.

Contact
If you have any question regarding this Policy or need to contact Pte to exercise your rights, please contact Pte as listed below:
Peach Technology Corporation
1161 Wayzata Blvd E #35
Wayzata, MN 55391
privacyp@reportingincident.com
1-866-411-7743