PEP!IN Terms of Use

Effective Date: October 23, 2024 

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We strongly encourage you to please read the following terms and conditions (“Terms of Use”) carefully before using this online platform  (“Platform”). By using this platform (“Platform”), you affirm and agree to abide by these Terms of Use, which constitute an agreement (“Agreement”) between you and People Empowering People for Inclusion Now, LLC (“PEP!IN”), the operator of www.wearepepin.com (the “Platform”). This Agreement governs your use of the Platform, in your capacity of visitor and / or a registered member as described below. We may revise the Terms of Use at any time, with or without notice. By accessing and using this Platform, you also agree that it is your responsibility to periodically review the Terms of Use and shall be bound by such future modifications. To the extent possible, any Changes to the Terms of Use are provided below under the History of Updates/Changes to Terms of Use section. 

If you register on the Platform as a Member, the terms that apply only to Members shall apply to you in addition to the terms that are applicable to all users of the Platform.

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1. Acceptance of Terms; Ownership; Representations and Warranty 

For avoidance of doubt, by accessing or using the Platform, whether as a visitor or you choose to register as a Member by completing our process for Member registration(“Member”), you agree to be bound by these terms.

 

All content on this Platform, including, but not limited to text, graphics, audio clips, logos, buttons, images, digital downloads, data compilations, software, html code, xml code, other such coding languages, and icons are the property of PEP!IN or has hereby been licensed to PEP!IN is for use under the protection of the United States and international copyright laws. For all posting or transmission reviews, comments, communications, suggestions, questions, ideas, or other information or content (collectively, “Communications”), you hereby grant PEP!IN and its affiliates a nonexclusive, royalty-free, worldwide, irrevocable, perpetual, and fully sublicensable right to use, reproduce, adapt, adopt, modify, translate, publish, distribute, display, and create derivative works of such Communication. 

All Members represent and warrant that the information they provided when registering as a Member, and all information that they subsequently provide regarding themselves and their membership, is true, accurate, not misleading, and to the extent of their knowledge, does not infringe on any person’s rights.

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2. Membership Eligibility

PEP!IN is not targeting the enrollment or engagement of any Platform visitors or Members who reside outside the United States of America or its territories. Membership is available to individuals who are 13 years of age or older. Eligibility extends to individuals with personal health interests or caregivers, healthcare professionals, and guests with legitimate interests in community participation as authorized by PEP!IN.

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3. No Medical Advice

The content on the Platform, including text, graphics, and other material, is for informational purposes only and provides no medical or clinical advice to users. It is not intended to prescribe or replace medical advice, diagnosis, or treatment from a healthcare provider. We absolutely recommend that users always seek the advice and care of your healthcare provider regarding a question or issue concerning a medical condition. If you disregard professional medical advice or delay in seeking it because of something you have read on this Platform, you do so at your own risk and we encourage you to never do so.

If you think you may have a medical emergency, call your doctor or 911 immediately.  PEP!IN does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned by Members on the Platform. Reliance on any information provided on the Platform, by any PEP!IN invitees or Members are solely at your own risk and responsibility.

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4. Appropriate Use of Platform 

Members must not post content that is false, obscene, infringing on anyone's rights, or illegal; interfere with other members' use and enjoyment of the Platform; or engage in activities that violate the rights of others or promote illegal activities. You agree that the content that you post is not defamatory, libelous, threatening, abusive, hateful, or contains pornography and that the use does not violate the Term of Use and will not cause injury to any person or entity.

Members shall not interfere with other Members’ use and enjoyment of the Platform (for example, by harassing, threatening, soliciting, overly promoting personal interests, or stalking another participant of a forum, seminar, or threaded message, including the use of expressions of bigotry, racism, hatred, or profanity).  Your participation is real-time and not edited, censored, or otherwise controlled by PEP!IN. PEP!IN has no obligation to prescreen postings and is not responsible for their content. We encourage you to notify us of inappropriate or illegal content. Nevertheless, PEP!IN reserves the right to monitor content and Communications on this site, and reserves the right to edit or remove content or Communications which PEP!IN determines to be harmful at its discretion. 

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5. Prohibition on Identifying Other Members

Visitors and/or Members shall not disclose to any person or entity personally identifiable information about other Members that you encounter while using this Platform (whether posted in the Member by a Member or emailed to you by a Member) without the express consent of such Member. You may disclose information of a general nature (that could not identify the Member who provided such information or whom such information is about) to third parties outside this Platform, subject to the restriction on commercial use, below.

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6. Platform for Non-Commercial Use Only

The Platform content, including the Member area and the content and information contained in the Member area, is for personal, non-commercial use by individual Members. Organizations, companies, and/or businesses may not become Members and use the Platform without express consent from PEP!IN. Members of the Platform with individual commercial interests may not solicit or overtly promote their products or services within the Member Area. All content shared within the Platform is not for external use. Non-members seeking permission to contact Platform Members should email contawe@wearepepin.com (for media, analyst, research requests inquiries). General site inquiries should be directed to contact@wearepepin.com.

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7. Interference with Operation of Platform is Prohibited

Visitors and/or Members shall not (a) use any robot, spider, scraper, or other automated means to access the Platform or content or services provided on the Platform for any purposes; (b) post content on the Platform that contains or links to any malware, viruses, Trojan horses, worms, time bombs, spiders, or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (c) attempt to make the Platform unavailable through denial-of-service attacks or other means; (d) use contact information provided by Members, or collect information about our Members, to facilitate the sending of unsolicited bulk communications (SPAM) or allow others' use of Visitors’ and/or Members’ membership account to take such actions.

 

8. Intellectual Property (Inclusive of Copyrights, Patents, Trademarks, etc.) 

PEP!IN® and the PEP!IN logo are trademarks of PEP!IN. You agree not to display or use these trademarks in any manner without prior written permission from PEP!IN. Content provided on the Platform is protected by intellectual property laws. You may not use any content from the Platform without the express permission of PEP!IN. PEP!IN may, in appropriate circumstances and at its sole discretion, terminate use of the Platform by any visitor or Member who infringe on the intellectual property rights of others.

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9. Digital Millennium Copyright Act

If you are a copyright owner or an agent thereof and believe that any user posting or other content on this Platform infringes upon your copyright, you may submit a written notification pursuant to the Digital Millennium Copyright Act (“DMCA”) (see 17 U.S.C. 512(c)(3) for further information) by providing our Copyright Agent (listed below) with the following information: (i) an electronic or physical signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) a description of the copyrighted work claimed to have been infringed or if multiple copyrighted works are covered by a notification, a representative list of such works on our Platform; (iii) a description of the location on the Platform of the allegedly infringing material(s); (iv) your address, telephone number, and email address; (v) a written statement that you have a good faith belief that use of the material(s) in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a written statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If a Communication that you submitted has been removed as a result of a notification as described above and you believe that such a Communication or portion of a Communication was posted lawfully, please contact us about our counter-notification procedure through which you can dispute the allegation and request re-posting of the Communication content at issue.

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The PEP!IN designated Copyright Agent for notice of claims of infringement is:

People Empowering People for Inclusion Now, LLC 

Chicago, IL 60618

email: contact@wearepepin.com 

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Only notices of alleged copyright infringement and requests about the counter-notification procedures should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to PEP!IN at email contact@wearepepin.com. You acknowledge that if you fail to comply with all of the notice requirements of the DMCA, your notice may not be valid.

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10. Privacy

Your use of the Platform is subject to PEP!IN's Privacy Policy, which governs the collection and use of personal information. You are solely responsible for maintaining the secrecy of your passwords and/or any other account information connected to this Site. You are fully responsible for all activities that occur under your account or password, and you agree to notify PEP!IN immediately of any unauthorized use of your passwords or accounts.

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11. Dispute Resolution 

Any disputes arising under or in connection with the use of the Platform shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Illinois, and the decision of the arbitrator shall be final and binding on all parties.

Any disputes should be communicated by electronic mail to contact@wearepepin.com.

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12. Limitation of Liability 

PEP!IN Network shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses resulting from your use of the Platform.

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13. Indemnification 

You agree to defend, indemnify, and hold harmless PEP!IN, its officers, directors, employees, agents, advisors, and volunteers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use, this Agreement and/or your use of the Platform.

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14. Changes and Interruptions to Service 

PEP!IN Network reserves the right to withdraw or amend the Platform, and any service or material we provide on the Platform, without notice. We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period.

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15. Links to Other Sites 

The Platform may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.

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16. Account Cancellation and Suspension

PEP!IN Network reserves the right to cancel or suspend your account at any time for any reason, including as a result of a violation of these Terms of Use, without notice.

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17. Governing Law and Jurisdiction

These Terms of Use and any dispute or claim arising out of, or related to them, their subject matter or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Illinois without giving effect to any choice or conflict of law provision or rule. Disputes arising under, or in any way connected with, membership in or use of the Platform shall be litigated exclusively in the state and federal courts residing in the State of Illinois. You hereby submit to the jurisdiction of the state and federal courts sitting in the State of Illinois. 

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18. International Users

PEP!IN makes no claims that information on the Platform is designed for or may be downloaded by persons outside of the United States. Personal information (“Information”) that is submitted to this Platform will be collected, processed, stored, disclosed and disposed of in accordance with applicable U.S. law, and the PEP!IN Privacy Policy. If you are a non-U.S. user, you acknowledge and agree that PEP!IN may collect and use your Information and disclose it to other entities outside your resident jurisdiction. In addition, such Information may be stored on servers located outside your resident jurisdiction. U.S. law may not provide the degree of protection for Information that is available in other countries. By providing us with your Information, you acknowledge that you consent to the transfer of such Information outside your resident jurisdiction as detailed in our Privacy Policy.

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19. Modifications to Terms

PEP!IN reserves the right to modify these terms at any time. Your continued use of the Platform after any such changes constitutes your acceptance of the new terms. 

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20. Contact Information

For questions or concerns about these terms or the Platform, please email contact@wearepepin.com.

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21. Member Notices

PEP!IN may send notices to you by email at the email address you provide when registering to become a Member, as subsequently updated. 

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22. Other Miscellaneous Terms

PEP!IN may assign this Agreement at any time to a subsidiary or parent company or to a successor to its business as part of a merger or sale of substantially all of its assets. You may not assign or transfer this Agreement.

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If any provision of this Agreement is held to be unenforceable for any reason, the remaining provisions will be unaffected and remain in full force and effect.

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For any questions or comments or to report violations of this Agreement, contact us at:

PEP!IN

Attn: Privacy and Compliance Officer

Chicago, IL 60618

Email: contact@wearepepin.com

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