Terms of Use

Last Updated: 05.11.2020

Welcome to the Pelora Stack (“Our,” “We,” “Us”) Terms of Use (the “Terms”). Please read these Terms carefully because they govern your use of our website www.pelorastack.com (the “Site”) and the services and products available at or through the website. Please read the Terms carefully. If you have any questions, contact us at hello@pelorastack.com. To make these Terms easier to read, the Site and our products and services are collectively called the “Services.”

Agreement to Terms

By accessing, installing, or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, it’s simple: do not use the Services.

Changes to Terms or Services

We may modify the Terms and our Services at any time, in our sole discretion. If we do so, we may let you know by email or by posting notice on the Site. It’s important that you review the Terms whenever we modify them because continuing to use the Services after we have posted modified Terms on the Site indicates to us that you agree to be bound by the modified Terms. If you don’t agree to be bound by the modified Terms, then please discontinue use of the Services immediately. Because our Services are evolving over time we may change or discontinue all or any part of the Services at any time, and without notice to you, at our sole discretion.

Creating an Account

By creating an Account, you become a “Member” and represent that you are thirteen (13) years or older and are not barred from using the Services under applicable law. Your Account should be yours – don’t use the Services under the name of another person with the intent to impersonate that person, or use a username that is subject to the rights of another person without appropriate authorization. You must be a human to use the Services and an automated account is not allowed. This policy also applies beyond Account creation to the general use of the Services. “Robot” (or automatic) activity is not allowed. We reserve the right to suspend or terminate your Account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading, or to reclaim any username that you create through the Services that violates our Terms. You are responsible for maintaining the confidentiality of your password and Account, and agree to notify us if your password is lost, stolen, or disclosed to an unauthorized third party, or otherwise may have been compromised. You are responsible for activities that occur under your Account.You can link your Account to various third parties and other online platforms with which the Services are integrated, such as for account creation. You may only link your own Account(s) and by doing so, you expressly authorize us to retain your Account information from those third party accounts on your behalf, and permit us to store your Account information for the purpose of providing the Services.

Group Coaching Loop Session Terms

Pelora Stack allows certain users the ability to enroll in a “Group Coaching Loop Sessions,” a group coaching session taught by a coach, an individual unaffiliated with Pelora Stack, who makes such Group Coaching Loop Session available via Pelora Stack. Pelora Stack licenses, but does not own the materials of the class and the class is provided entirely by the coach.

By enrolling in a Group Coaching Loop Session, we grant you a limited, non-transferable sublicense to access and view the Group Coaching Loop Session and use the Group Coaching Loop Session content and materials made available by the coach of the Group Coaching Loop Session, for which you have paid in full (in accordance with the payment terms below). You may only access, view, and use the Group Coaching Loop Session and its content and materials solely for your personal, non-commercial, educational purposes through Pelora Stack, in accordance with these Terms and any further conditions or restrictions outlined by the coach during the Group Coaching Loop Session.

You may not reproduce, distribute, transmit, assign, sell, share, modify, create derivative works of, sublicense, or otherwise transfer or use the Group Coaching Loop Session or any content and materials made available thereof.

We reserve the right to revoke this limited sublicense to use the Group Coaching Loop Session at any time and in our sole discretion, and immediately upon breach of these Terms.

 

Group Coaching Loop Session Methodology

In order to foster a learning environment, you agree to remain receptive and open-minded to the Group Coaching Loop Session format and methods, as well as to participate in Group Coaching Loop Sessions. Coaches may revise the Group Coaching Loop Session, including any materials or methods, at any time. Neither Pelora Stack nor the coaches guarantee any outcome with regard to the Group Coaching Loop Session. Pelora Stack and the coaches may cancel a Group Coaching Loop Session at any time in our or the coach’s sole discretion. If a Group Coaching Loop Session is cancelled prior to its scheduled completion, a refund will be issued for any portion not yet held, when you pay for the Group Coaching Loop Session in advance.

 

Group Coaching Loop Session Payments and Refunds

Upon Group Coaching Loop Session enrollment, you agree to pay the full purchase price for the Group Coaching Loop Session in advance or under a payment plan made available by Pelora Stack. Payments will be processed using Squarespace Commerce as a payment processing service provider and to enable course enrollment. Since the Group Coaching Loop Sessions rely on the commitment and attendance of students, the Group Coaching Loop Session purchase price is nonrefundable. Notwithstanding the foregoing, if a Group Coaching Loop Session is cancelled for any reason you will be issued a refund for any portions of class you are not able to attend because the Group Coaching Loop Session has been cancelled. You will not be permitted to participate in a Group Coaching Loop Session if the purchase price for the session has not been fully paid, or if paid under a payment plan, payments are late or missed. Since Group Coaching Loop Sessions are time sensitive and your participation is essential to the learning experience of all participants, a 3% late fee will be charged for each day a payment is late, with the maximum late days being 30 days. Pelora Stack or the coach may terminate your eligibility to participate in a Group Coaching Loop Session for nonpayment, with no refund for portions of the Group Coaching Loop Session missed.

 

Feedback

We welcome feedback, comments, and suggestions for improvements to the Services. You can submit feedback by emailing us at the contact email listed above. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable, and transferable license under any and all intellectual property rights that you own or control to use, copy, modify, create derivative works based upon, and otherwise exploit the feedback for any purpose.

Privacy Policy

Your privacy is important to us. Please review our Privacy Policy for information about the data we may collect and use. Our Privacy Policy is incorporated into these Terms, and is available at www.pelorastack.com/privacy-policy.

Member Conduct

We invite you to participate in our community, but ask that you respect other Members just like yourself when posting Content and using the Services.

You Agree NOT to:

  • use language or transmit content that may be considered offensive or profane to other Members or users. This includes profanity and offensive images, or other media containing obscene, sexually explicit, or excessively violent content.

  • harass or threaten other Members or users. Harassing behavior and language includes insults, ethnic or homophobic slurs, defamatory statements, invasive statements that may infringe on a Member’s privacy, or the transmission or sharing of any content that may cause another Member or user to experience ridicule, threat, or discomfort.

  • submit material that violates a third party’s proprietary rights, including privacy and publicity rights, or that otherwise violates any applicable law;

  • publish falsehoods or misrepresentations that could damage us, our Members, or any third party;

  • publish any private information of someone (like their address or phone number) without their permission;

  • submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate;

  • post advertisements;

  • impersonate another person or represent yourself as affiliated with us, our staff, or other industry professionals;

  • solicit a Member’s password or other Account information; or

  • harvest Member names, addresses, or email addresses for any purpose.

This list is an example and is not intended to be complete or exhaustive. We don’t have an obligation to monitor your access to, or use of, the Services, but we reserve the right to do so for the purpose of operating the Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency, or other governmental body. We reserve the right, at any time and without prior notice, to remove or disable access to your Account or any Content that we consider, in our sole discretion, to be in violation of these Terms or otherwise harmful to the Services.

Our Content

Subject to your compliance with these Terms, We grant you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and view our content (“Our Content”) solely in connection with your permitted use of the Services. For the purposes of these Terms, Our Content shall include all text, graphics, images, site and screen layouts, arrangements and themes, music, software, audio, video, works of authorship by us or our affiliates of any kind, and information or other materials that are posted or generated by us or our affiliates.

You have the right to view and access Our Content. However, you may not copy, borrow, modify, or otherwise reproduce, and must immediately cease using, copying, borrowing, modifying, or otherwise reproducing any site and screen layouts, arrangements and themes provided through this Service. At no time is any Member permitted to: (i) transfer, sublicense, sell, lease, lend, rent, or otherwise distribute Our Content or the Services to a third party; (ii) decompile, reverse-engineer, disassemble, or create derivative works of the Services or any Our Content; or (iii) use the Services or Our Content in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms.

Intellectual Property

The Services contain material that may be protected by United States and international copyright, trademark, and other proprietary information, including, but not limited to, audio, video, graphic, photographic and text information, and all Our Content. We, and any of our licensors, exclusively own all right, title and interest in, and to the Services and Our Content, including all associated intellectual property rights. You acknowledge that the Services and Our Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights or notices incorporated in or accompanying the Services and Our Content. Further, you may not modify, distribute, publish, transmit, publicly display, publicly perform, participate in the transfer or sale, create derivative works of, or in any way exploit any of the Our Content, in whole or in part. Any violation of these restrictions may result in intellectual property infringement that may subject you to civil and/or criminal penalties. You will be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights or any other harm resulting from a submission of information protected by intellectual property rights in a third party, if such submission is made without express permission of the intellectual property rights holder.

DMCA/Copyright Policy

We respect copyright law and expects its visitors and Members to do the same. It is our policy to terminate in appropriate circumstances the Accounts of Members who repeatedly infringe the rights of copyright holders.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that Content infringes your copyright, you (or your agent) may send us a notice requesting that the Content be removed or access to it blocked. Federal law requires that your notification include the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit us to locate the material; (iv) information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail; (v) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a 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.

The notification must be sent to: 

ATTN: Copyright-Legal

651 New York Avenue, Unit 502
Brooklyn, NY 11203

We provide the above contact information for purposes of the DMCA only and reserve the right to respond only to correspondence that is relevant to this purpose.

Links and Advertisements of Third Party Websites or Resources

The Services may contain links to or advertisements of third-party websites (that are not affiliated with you or other Members) or resources. We are not responsible for the content, products or services on or available from those advertisements, websites, resources or links displayed on such sites. You acknowledge sole responsibility for and assume all risk arising from your use of any third-party websites or resources.

Indemnity

You agree to defend, indemnify and hold harmless us, or our officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, or expenses (including but not limited to attorneys’ fees), to the extent allowed by applicable law, that arise from or are caused by: (i) your use of and access to the Services; (ii) your violation of these Terms; or (iii) your violation of any third party right, including without limitation any copyright, property, moral or privacy right.

Termination

We may terminate your access to and use of the Services and Account at our sole discretion, at any time and without notice to you. Upon any termination, discontinuation or cancellation of Services or your Account, all provisions of these Terms which by their nature should survive will survive, including, without limitation, ownership provisions, indemnification, warranty disclaimers, limitations of liability, and dispute resolution provisions.

Warranty Disclaimers

THE SERVICES AND CONTENT ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPLICITLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. WE MAKE NO WARRANTY THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY, ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT.

Limitation of Liability

NEITHER WE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES OR CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, MOBILE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT WILL OUR TOTAL LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED THE LESSER OF THE AMOUNTS YOU HAVE PAID TO US FOR USE OF THE SERVICES DURING THE TWELVE (12) MONTHS PRIOR TO THE CAUSE OF ACTION, OR ONE HUNDRED DOLLARS ($100), IF YOU HAVE NOT HAD ANY PAYMENT OBLIGATIONS TO US, AS APPLICABLE.

Dispute Resolution

We prefer to resolve things amicably when possible; therefore, you agree to the following dispute resolution policy in connection with any potential claims or disputes arising from your use of the Application. Start by notifying us of your dispute by sending a notice to the contact email address listed above.

a. Informal Negotiations: Parties to a dispute concerning the Terms, the Privacy Policy, or the use of the Services will attempt to informally negotiate a potential settlement or resolution to the dispute;

b. Arbitration: In the event that informal negotiations are unsuccessful, the parties agree to follow the arbitration procedures set forth by the American Arbitration Association (AAA) to resolve the dispute.

c. Binding Arbitration: If for any reason arbitration is unsuccessful or unavailable to the parties, parties agree to submit to binding arbitration in the jurisdiction of the State of Washington. Each of us is responsible for paying our own filing, administrative and arbitrator fees. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

Entire Agreement

These Terms constitute the entire and exclusive understanding and agreement between us and you. These Terms supersede and replace any and all prior oral or written understandings or agreements between us. If for any reason a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect.

Any notices or other communications provided by us under these Terms, including those regarding modifications to these Terms, will be given by us (i) via email; or (ii) by posting to the Services. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of us. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

Questions & contact information

If you have any questions regarding these Terms, please contact us at hello@pelorastack.com.