Terms & Conditions

OVERVIEW

This website is operated by Pêcher, LLC. Throughout the site, the terms “we”, “us” and “our” refer to Pêcher, LLC. Pêcher, LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/or purchasing a membership or service from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current website shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

AGREEMENT

These Terms of Service is a legal agreement (hereinafter referred to as “Agreement”) between you and Pêcher, LLC (hereinafter referred to as “Website Owner”), the owner and developer of www.pecherconcierge.com. By registering for any service provided on www.pecherconcierge.com, you become a client (“Client”) and you agree to be bound by all of the terms set forth in this Agreement as long as you remain a Client. IF YOU DO NOT AGREE TO THE TERMS, PLEASE DO NOT REGISTER FOR ANY MEMBERSHIP OR SERVICE through www.pecherconcierge.com. The Terms are subject to change at any time, effective upon notice to you.

BY USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. THE MOST CURRENT VERSION OF THE TERMS, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO www.pecherconcierge.com. Pêcher, LLC RESERVES THE RIGHT TO CHANGE THE TERMS AT ANY TIME AND WITHOUT NOTICE TO YOU.

1) General Conditions.

a) We reserve the right to refuse a membership or service to anyone for any reason at any time. We reserve the right at any time to modify or discontinue the Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service

b) You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

c) You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

d) The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

e) We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

f) This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

2) Prohibited Uses. In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

3) Limitations of Liability and Indemnification. By using any services provided by Pêcher, LLC, you agree that in no event will Pêcher, LLC, its and their officers, employees, agents, affiliates, representatives, licensees and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your accessing the website and using any of the services available. Your sole remedy for any breach or default of this Agreement by Pêcher, LLC shall be a return of any fees paid to Pêcher, LLC for any services provided under this Agreement. You indemnify and agree to defend and hold harmless Pêcher, LLC, its and their officers, employees, agents, affiliates, representatives, licensees and web hosting services and third parties for any losses, costs, liabilities and expenses (including but not limited to court costs, legal fees, awards or settlements) relating to or arising out of your use of Pêcher, LLC’s website, including any breach by you of the Terms contained in this Agreement.

4) Disclaimer of Warranties.

a) We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

b) We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

c) You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

d) You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

e) In no case shall Pêcher, LLC, our directors, officers, employees, affiliates, representatives, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

5) Termination.

a) The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

b) These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

c) If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

6) Responsibility for Use of Website. You understand and agree that you are solely responsible for your actions and decisions when meeting with a service professional at your chosen location by virtue of the services provided on Pêcher, LLC. You understand and agree that you must take all reasonable precautions before meeting others through the service provided by Pêcher, LLC, which includes, but is not limited to: exchanging correspondence, written or oral, first before giving out any personal information.

7) Do Not Rely on Pêcher, LLC’s Website Alone. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from Pêcher, LLC, or its owners, employees, agents or representatives. Pêcher, LLC do not guarantee the accuracy or completeness of any of the information provided and are not responsible for any loss resulting from your reliance on such information.

8) Warning re: Offensive Information. It is possible that other Pêcher, LLC clients will post or send obscene or offensive materials on the site or to you via e-mail. It is also possible that by using your e-mail address, other people may, through other means outside the control of Pêcher, LLC, have access to personal information about you. Pêcher, LLC, its employees, agents, affiliates, licensees, representatives and web hosting services are not responsible for these transmissions or for the release of such information by others about you.

9) Confidentiality. It is agreed that all personal information given to Pêcher, LLC, will be kept confidential by Pêcher, LLC, with the following exceptions: (1) basic biographical information (i.e. age, sex, race) may be posted with your membership ID for others to view; (2) you actively chose to post your personal information for others to see; or (3) you have harassed another person via any service provided by Pêcher, LLC, in which case the confidentiality clause contained in this Agreement is rendered null and void.

10) Ownership, Copyrights, Trademarks, Licenses. Pêcher, LLC own and retain all proprietary rights to the Pêcher, LLC service, its trademarks and copyrights. Except for any information that is in the public domain, you are not authorized to reproduce, transmit or distribute the proprietary information of Pêcher, LLC.

11) No Warranties. Pêcher, LLC provide the Services on an “as is” basis and do not make any warranty, express, implied, limited or other with respect to the services provided. Specifically, Pêcher, LLC do not warrant that the service will always be available, be uninterrupted, be error free, meet your requirements, or that any defects in the services will be corrected.

12) Jurisdiction. This Agreement or any dispute arising from this Agreement is governed by the laws of the state of Georgia, without regard to provisions of conflicts of law. Any lawsuit arising from or related to this Agreement shall be brought exclusively before the United States District Court for the Northern District of Georgia, Atlanta Division, and you hereby consent to the jurisdiction of any such court.

13) Severability. If any provision is found to be invalid, the remaining provisions will be in full force and effect.

14) Certification. You certify that you are at least 18 years of age and that your answers to the registration materials on Pêcher, LLC will be truthful. In accessing and using this website, you understand and agree that basic information concerning you, given to Pêcher, LLC, may be published on the web-site for others to view. Your name, address and e-mail address are kept confidential.

15) Entire Agreement. This Agreement constitutes your entire Agreement with Pêcher, LLC with respect to any services.

16) Waiver. The failure of Website or Pêcher, LLC to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by Website or Pêcher, LLC must be in writing and signed by an authorized representative Pêcher, LLC.

17)Contact Information. Questions about the Terms of Service should be sent to us at Contact@pecherconcierge.com.

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