PESCHECK reserves the right to change or modify these Terms at any time and in our sole discretion. If PESCHECK makes changes to these Terms, we will provide notice of such changes, such as by providing notice through the Services, or by updating the “Last Updated” date at the top of these Terms. Your continued use of the Services will confirm your acceptance of the revised Terms. We encourage you to frequently review the Terms to ensure that you understand the terms and conditions that apply to your use of the Services. If you do not agree to any amended Terms, you must stop using the Services.
In the event of conflict between this Agreement and any other written agreement between you and PESCHECK for the purchase of Services, the latter shall prevail.
2. Eligibility, Registration and Account
The Services are not targeted towards, nor intended for use by, anyone under the age of 16. If you are under the age of 16, or age of legal majority under applicable law, you may only use the Services under the supervision of a parent or legal guardian who agrees to be bound by these Terms. By using the Services, you represent and warrant that you (a) are 16 years of age or older; (b) have not been previously suspended or removed from the Services; (c) do not have more than one online account with PESCHECK; and (d) have full power and authority to enter into this agreement and that, in doing so, you will not violate any other agreement to which you are a party. In order to access and use certain areas or features of the Services, you may be required to register for an online account. When registering for an account, you cannot create an account name that incorporates a trademark without authorization from the trademark owner. We reserve the right to reclaim account names, or to take other reasonable action as necessary, on behalf of any business or individual that holds legal claim, including trademark rights, in a name. If you are an end user of our identity verification services, you understand and agree that (a) PESCHECK will and/or our appointed agents will carry out all necessary searches, including searches of consumer credit records, in order to verify your information; and (b) PESCHECK will not be able to complete any identity verification services until you have provided all required information. In consideration of your use of the Services, you agree to (a) provide accurate, current and complete information and permit PESCHECK to correct that information where it is known to be incorrect or incomplete; (b) maintain and promptly update your information; (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to PESCHECK; and (d) promptly notify PESCHECK if you discover or otherwise suspect any security breaches related to the Services.
3. Copyright and Limited License
Unless otherwise indicated on the Services or otherwise by PESCHECK, the Services and all content and other materials therein, including, without limitation, the PESCHECK logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of PESCHECK or our licensors are protected by international copyright laws. You are hereby granted a limited, non-exclusive, non-sublicensable license to access and use the Services and Content; however, such license is subject to these Terms and does not include (a) any resale or commercial use of the Services or the Content therein; (b) the collection and use of any product or service listings, pictures or descriptions; (c) the distribution, public performance or public display of any Content; (d) modifying or otherwise making any derivative uses of the Services or the Content, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Services, the Content or any information contained therein, except as expressly permitted on the Services; and (g) any use of the Services or the Content other than for their intended purposes. Any use of the Services or the Content other than as specifically authorized herein, without the prior written permission of PESCHECK, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated herein or otherwise by PESCHECK, nothing in these Terms shall be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. This license is revocable at any time. Notwithstanding anything to the contrary in these Terms, the Services and Content may contain software components that are subject to separate license terms, in which case those license terms will apply to the access and use of such software components.
The PESCHECK logo and any other PESCHECK product or service names, logos or slogans that may appear on the Services are trademarks of PESCHECK, and may not be copied, imitated or used, in whole or in part, without the prior written permission of PESCHECK or the applicable trademark holder. You may not use any metatags or other “hidden text” utilizing “PESCHECK” or any other name, trademark or product or service name of PESCHECK without our prior written permission. In addition, the look and feel of the Services, including all page headers, custom graphics, button icons and scripts, is the service mark, trademark and/or trade dress of PESCHECK and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by PESCHECK.
You are granted a limited, nonexclusive right to create a text hyperlink to the Services for noncommercial purposes, provided that such link does not portray PESCHECK or any of our products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a PESCHECK logo or other proprietary graphic of PESCHECK to link to the Services without the express written permission of PESCHECK. Further, you may not use, frame or utilize framing techniques to enclose any PESCHECK trademark, logo or other proprietary information, including the images found at the Services, the content of any text or the layout/design of any page or form contained on a page on the Services without PESCHECK’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of PESCHECK or any third party. PESCHECK makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party websites accessible by hyperlink from the Services, or websites linking to the Services. Such sites are not under the control of PESCHECK, and PESCHECK is not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. PESCHECK provides these links to you only as a convenience, and the inclusion of any link does not imply affiliation, endorsement or adoption by PESCHECK of any site or any information contained therein. When you leave the Services, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Services.
6. Third Party Content
PESCHECK may provide third party content on the Services and may provide links to web pages and content of third parties (collectively, “Third-Party Content”) as a service to those interested in this information. PESCHECK does not control, endorse or adopt any Third-Party Content and makes no representation or warranties of any kind regarding the Third-Party Content, including without limitation regarding its accuracy or completeness. You acknowledge and agree that PESCHECK is not responsible or liable in any manner for any Third-Party Content and undertakes no responsibility to update or review any Third-Party Content. Users use such Third-Party Content contained therein at their own risk.
7. Advertisements and Promotions; Third-Party Products, Services and Promotions
PESCHECK may display advertisements and promotions from third parties on the Services or may otherwise provide information about or links to third-party products or services on the Services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. PESCHECK is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or as the result of the presence of third-party information on the Services.
8. Our Warranties and Disclaimers
We provide our Services using a commercially reasonable level of skill and care and we hope that you will enjoy using them. But there are certain things that we do not promise about our Services. While PESCHECK attempts to make your access to and use of the Services safe, PESCHECK cannot and does not represent or warrant that the sites or its server(s) are free of viruses or other harmful components; therefore, you should use industry-recognized software to detect and disinfect viruses from any download. Other than as expressly set out in these terms or additional terms, neither PESCHECK nor its suppliers or distributors makes any specific promises, either express or implied, about the Services. For example, we do not make any commitments about the Content within the Services, the specific functions of the Services or their reliability, availability or ability to meet your needs. PESCHECK is not responsible for typographical errors or omissions relating to pricing. PESCHECK provides the Services “as is”. To the extent permitted by law, we exclude all warranties. PESCHECK reserves the right to change any and all content contained in the Services and to modify, suspend or discontinue the Services or any features or functionality of the Services at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by PESCHECK. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumer, so some or all of the disclaimers in this section may not apply to you.
9. Limitation of Liability
In no event shall PESCHECK or its suppliers, distributors or affiliated parties be liable for any direct, special, indirect or consequential damages, or any other damages of any kind, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Services or the content contained in or accessed through the Services, including without limitation any damages caused by or resulting from reliance by any user on any information obtained from PESCHECK, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to PESCHECK’s records, programs or Services. In no event shall the aggregate liability of PESCHECK whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Services or to these terms exceed the greater of 250 EUR or any compensation you pay, if any, to PESCHECK for access to or use of the Services. If you are using our Services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify PESCHECK and its affiliates, officers, agents and employees from any claim, action or proceedings arising from or related to the use of the Services or violation of these terms, including any liability or expense arising from claims, losses, damages, judgements, litigation costs and legal fees.
10. Modifications to the Services
PESCHECK reserves the right to modify or discontinue, temporarily or permanently, the Services or any features or portions thereof without prior notice. You agree that we will not be liable for any modification, suspension or discontinuance of the Services or any part thereof.
Notwithstanding any of these Terms, PESCHECK reserves the right, without notice and in our sole discretion, to terminate your right to use the Services, or any portion of thereof, and to block or prevent your future access to and use of the Services or any portion thereof.
If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
13. Governing Law
These Terms and all disputes and claims arising out of or in connection with them are governed by Dutch law. With the sole exception of any application for injunctive relief, the parties irrevocably agree that the courts of The Netherlands have exclusive jurisdiction to settle any dispute or claim (whether contractual or non-contractual) arising out of or in connection with these Terms or the Services (including their subject matter or formation).