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PB&J – TERMS OF SERVICE

Effective: April 7, 2017

Welcome to PB&J, operated by Go PB&J Corp. (“us,” “we,” the “Company” or “PB&J”).

These Terms of Service (“Terms”) are a contract between you and Go PB&J Corp. They govern your use of Go PB&J’s, website and mobile application service and content (“Services”).

By using PB&J, you agree to these Terms. If you don’t agree to any of the Terms, you can’t use PB&J.

We can change these Terms at any time. If a change is material, we’ll let you know before they take effect. By using PB&J on or after that effective date, you agree to the new Terms. If you don’t agree to them, you should delete your account before they take effect, otherwise your use of the application and content will be subject to the new Terms.

ACCEPTANCE OF TERMS OF USE AGREEMENT

By creating a PB&J account through a mobile device you agree to be bound by (i) these Terms of Use, (ii) our Privacy Policy, each of which is incorporated by reference into this Agreement. If you do not accept and agree to be bound by all of the terms of this Agreement, please do not use the Service.

ELIGIBILITY

You must be at least 18 years of age to create an account on PB&J and use the Service. By creating an account and using the Service, you represent and warrant that:

YOUR ACCOUNT

You are responsible for maintaining the confidentiality of your login credentials you use to sign up for PB&J, and you are solely responsible for all activities that occur under those credentials. If you think someone has gained access to your account, please immediately contact support@gopbj.com. For more information regarding the information we collect from you and how we use it, please consult our Privacy Policy.

Your account is for your personal, non-commercial use only. In creating it, we ask that you provide complete and accurate information about yourself to bolster your credibility as a contributor to PB&J. You may not impersonate someone else (e.g., adopt the identity of a celebrity or your next-door neighbour), create or use an account for anyone other than yourself, provide an email address or Facebook and Instagram information other than your own, or create multiple accounts. If you use a pseudonym, take care to note that others may still be able to identify you if, for example, you include identifying information in your posts, use the same account information on other sites, or allow other sites to share information about you with PB&J. Please read our Privacy Policy for more information.

YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS. YOU UNDERSTAND THAT PB&J DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS ON ITS USERS OR OTHERWISE INQUIRE INTO THE BACKGROUND OF ITS USERS. PB&J MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS. PB&J RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES) AT ANY TIME USING AVAILABLE PUBLIC RECORDS.

The Company is not responsible for the conduct of any user. In no event shall the Company, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other users or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other users, particularly if you decide to communicate off the Service or meet in person, or if you decide to send money to another user. In addition, you agree to review and follow the Company's Safety Tips, located at the bottom of this Agreement, prior to using the Service. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other users.

CONTENT CONTRIBUTION RIGHTS & RESPONSIBILITIES

You may be required to register with PB&J as a contributor in order to access and use certain features of the Service specifically for contributors.

CONTRIBUTOR APPLICATION AND REGISTRATION PROCESS

In order to gain access to our service to post content as a contributor, prospective users will be asked to complete a brief application, with accepted users being offered a link to login to the application using their Instagram credentials. Getting a contributor role is free of cost. All applications will be considered; however, we, have complete control and discretion regarding who is granted access to the Service as a contributor. Those who are not granted access will be placed on our waitlist, which is continually reviewed for additional applicants to be admitted.
You own the rights to the content you create and post on PB&J.
By posting content to PB&J, you give us a nonexclusive license to publish it on PB&J Services, including anything reasonably related to publishing it (like storing, displaying, reformatting, and distributing it). In consideration for PB&J granting you access to and use of the Services, you agree that PB&J may enable advertising on the Services, including in connection with the display of your content or other information. We may also use your content to promote PB&J, including its products and content. We will never sell your content to third parties without your explicit permission. You’re responsible for the content you post. This means you assume all risks related to it, including someone else’s reliance on its accuracy, or claims relating to intellectual property or other legal rights.

You’re welcome to post content on PB&J that you’ve published elsewhere, as long as you have the rights you need to do so. By posting content to PB&J, you represent that doing so doesn’t conflict with any other agreement you’ve made.

By posting content you didn’t create to PB&J, you are representing that you have the right to do so.You understand and agree that PB&J may, but is not obligated to, monitor or review any Content you post as part of a Service.

You understand and agree that PB&J may, but is not obligated to, monitor or review any Content you post as part of a Service.

For Content, PB&J is merely hosting and providing access as well as providing tools to post and share content. We cannot accept any liability with regard to such material (including with respect to its accuracy). We reserve the right to act expeditiously to remove or disable access to any User Content that we believe violates this Agreement.

We may delete any Content, in whole or in part, that in the sole judgment of the Company violates this Agreement or may harm the reputation of the Service or the Company.

We can remove any content you post for any reason. You can request for a delete for any of your posts, or delete your account, anytime. Processing the deletion may take a little time, but we’ll do it as quickly as possible. We may keep backup copies of your deleted post or account on our servers for up to 14 days after you delete it.

You may not post, upload, display or otherwise make available Content that:

You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, “post”) on the Service or transmit to other users, including text messages, chat, videos (including streaming videos), photographs, or profile text, whether publicly posted or privately transmitted (collectively, “Content”). You may not post as part of the Service, or transmit to the Company or any other user (either on or off the Service), any offensive, inaccurate, incomplete, abusive, obscene, profane, threatening, intimidating, harassing, racially offensive, or illegal material, or any material that infringes or violates another person’s rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that (i) all information that you submit upon creation of your account, including information submitted from your Facebook and /or Instagram account, is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, incomplete, misleading or false and (ii) you have the right to post the Content on the Service and grant the licenses set forth below.

The Company reserves the right to investigate, suspend and/or terminate your account if you have misused the Service or behaved in a way the Company regards as inappropriate or unlawful, including actions or communications the occur off the Service but involve users you meet through the Service. The following is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:

Our content and services

Parts of the application are licensed under third-party open source licenses. As for other parts of PB&J mobile application,we reserve all rights in PB&J’s look and feel. You may not copy or adapt any portion of our service or visual design elements (including logos) without express written permission from PB&J unless otherwise permitted by law.We also own the copyrights, trademarks, service marks, trade names, and other intellectual and proprietary rights throughout Canada and United States associated with the PB&J Content and the mobile application, which are protected by copyright, patent, trademark laws and all other applicable intellectual and proprietary rights and laws.

You may not do, or try to do, the following:

We may change, terminate, or restrict access to any aspect of the service, at any time, without notice.

COMMUNICATIONS FROM PB&J

We may send you electronic mail or messages through our mobile app to let you know about content that may be of interest to you. You may opt into and opt out of such communications through the “Profile” in the PB&J mobile app or by clicking the unsubscribe link in each any such email.

LIABILITY DISCLAIMER

No Warranty. PB&J Makes no express warranties or representations as to the quality and accuracy of the Content or the Service, and we disclaim any implied warranties or representations to the maximum amount permissible under applicable law, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT, and any warranties arising by usage of trade, course of dealing, or course of performance. We offer the Service and the Content on an “as is” and “AS AVAILABLE” basis and do not accept responsibility for any use of or reliance on the Content or Service, or for any disruptions to or delay in the Service. In addition, we do not make any representations as to the accuracy, comprehensiveness, completeness, quality, currency, error-free nature, compatibility, security or fitness for purpose of the Service or Content. PB&J does not guarantee the adequacy of the Service or compatibility thereof to your computer equipment or mobile device and does not warrant that the Service, its servers, or any emails which may be sent from PB&J are free of viruses or any other harmful components.

Limitation of Liability. PB&J limits its liability to the maximum amount permissible under applicable law. In particular, PB&J will not be liable for any damages that it causes unintentionally and PB&J will not be liable to you for any actual, incidental, indirect or consequential loss or damage howsoever caused, whether based in contract, tort, strict liability or otherwise, that may arise out of or is in any way connected with your use of the service or the content, even if we have been advised of the possibility of such damages, provided that nothing in this Agreement will be interpreted so as to limit or exclude any liability which may not be excluded or limited by law.

If, despite the limitation above, PB&J (or its officers, directors, employees, or agents) are found liable for any loss or damage that arises out of or is in any way connected with your use of the service or the content, then the liability of PB&J (or its officers, directors, employees, or agents) will in no event exceed, in the aggregate, one-hundred dollars ($100.00).

Indemnity. You agree to defend, hold harmless, and indemnify PB&J (along with its officers, directors, employees, and agents) against all liabilities, claims, causes of action, expenses, losses, or demands including, without limitation, reasonable legal and accounting fees, that may arise out of or is in anyway connected with any breach of this Agreement by you or otherwise as a result of your use of the Service or the Content.

Exclusive Remedy. If you are dissatisfied with any portion of the Service, or with any terms in this Agreement, your sole and exclusive remedy is to discontinue using the Service and/or cancel your PB&J account.

Third Party Services. PB&J, as part of the Service, may provide Users the opportunity and ability to purchase services and/or goods from third parties. The websites and/or services of those third parties are subject to terms and conditions and privacy policies (if applicable) different from PB&J’s and it is your responsibility to ensure that you have read and understood them. YOU AGREE AND ACKNOWLEDGE THAT YOUR INTERACTION WITH ANY THIRD PARTIES IS AT YOUR OWN RISK AND THAT PB&J IS IN NO WAY RESPONSIBLE FOR THE ACCURACY, TIMELINESS OR COMPLETENESS OF INFORMATION IT OBTAINS FROM ANY THIRD PARTIES. PB&J makes no warranty concerning, is not responsible for and does not endorse any third party provided goods or services, and you agree that any recourse for dissatisfaction or problems with those goods or services will be sought from the third party provider and not from PB&J.

NOTICE The Company may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.

ENTIRE AGREEMENT; OTHER This Agreement, with the Privacy Policy and any specific guidelines or rules that are separately posted for particular services or offers in the Service, contains the entire agreement between you and the Company regarding the use of the Service. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. The failure of the Company to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. You agree that your online account is non-transferable and all of your rights to your profile or contents within your account terminate upon your death. No agency, partnership, joint venture or employment is created as a result of this Agreement and you may not make any representations or bind the Company in any manner.

Notice of claims of copyright infringement should be provided to support@gopbj.com

DISCLAIMERS

SAFETY

The safety of our users is very important to us. There are steps that everyone can follow to ensure their safety while using PB&J. Please take a few minutes to read these tips.

KEEP YOUR FINANCIAL INFORMATION PRIVATE Ignore any request to send money – even if the person claims to be in an emergency – and report it to us immediately. Never give out financial information such as you social security number, credit card number or bank information.

KEEP YOUR PERSONAL INFORMATION You are in control of your PB&J experience at all times – remain anonymous until you feel ready. Be careful about sharing personal information, such as your full name, phone number, email and address. Protect your identity until you are comfortable enough with someone to share it. Also, leave any personal contact information out of your PB&J profile.

Note: PB&J will never send you an email asking for your username and password information. Any such communication should be reported immediately.

SPAM/SCAMMERS THERE ARE RED FLAGS TO WATCH OUT FOR THAT MAY INDICATE YOU'RE DEALING WITH A SCAMMER. BE AWARE OF ANYONE WHO:

The U.S. Federal Trade Commission's advice to avoid online scams is available here.

REPORT SUSPICIOUS USERS Please report anyone who violates our terms of use.

Examples of terms of use violations include:

MEETING IN PERSON

First meetings are exciting, but always take precautions and follow these guidelines to help you stay safe:

Following these guidelines will help keep PB&J safe and enjoyable.

APPLICABLE LAW AND DISPUTE RESOLUTION

These Terms are subject to the laws in effect in the province of Ontario. Any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof or the use of the Website, the Service or the Application (collectively, "Disputes") will be settled exclusively by the competent court in Toronto, Ontario, Canada and you agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

PROMOTIONS

PB&J may, in PB&J’s sole discretion, run promotions that may be redeemed for account credit, or other features or benefits related to the Services and/or a third party provider's services, subject to any additional terms that PB&J establishes on a per promotion basis ("Promo"). You agree that Promos:

Certain Promos may only be available to new users. New users are unique natural persons who have not yet created a PB&J account.