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User Agreement

 

Below are the terms and conditions (“Agreement”) for using Pegasus Group Solutions Inc. applications, and (“Pegasus Group Solutions Inc..”) software (“Software”). Please read this Agreement carefully before installing, electronically downloading or using any Software. By installing, electronically downloading or using the Software, You, the user of the Software (“You”), are agreeing to be legally bound by all of the terms and conditions set forth in this Agreement. If You do not agree to (or cannot comply with) all of the terms and conditions of this Agreement, You do not have the right to use the Software and must not install, download or use the Software.

Data, messaging, and/or additional charges may apply when using the Software, depending on Your wireless plan. Consult Your wireless service provider for more information. An unlimited usage data plan is strongly recommended with the use of the Software.

Pegasus Group Solutions Inc.applications may enable you to upload, store, view and/or share contacts, messages, photos and other content (“Content”) on people. You agree that You will not store, share or copy any content or data You do not have legal right to use, share and/or copy and such content or data shall not violate any law or infringe any copyright or other intellectual property right of any third party. Storage capacity is limited and Pegasus Group Solutions Inc. may impose reasonable storage limits from time to time. You should always back up any Content that You want to keep. You are responsible for any Content that You add, upload, store or share, and acknowledge that it complies with all applicable laws and Pegasus Group Solutions Inc. policies. In particular, You must ensure that it is not harmful or offensive in any way.

Specific to Pegasus Group Solutions Inc. “WEATHER” family of applications, These applications use information supplied by third parties and reformats and transmits that information in the communications format you have selected, over third party networks. You are reminded and agree that Pegasus Group Solutions Inc. cannot be held responsible, in any way, for failure of any of these third parties, Pegasus Group Solutions Inc will use all reasonable efforts to ensure that this data is transmitted in a timely manner, and that failure of your device to receive said transmission, for any reason whatsoever, is not the responsibility of Pegasus Group Solutions Inc.

Payment and termination, Due to the nature of the application, Payment is due in advance of use and is not refundable for any reason. Should you reduce the coverage area, and thus the monthly fee, the reduction in fee will ONLY occur and take effect at the begining of the next billing cycle. There is no minimum term contract. Should you cancel the service, this cancelation will come into effect ONLY at end of the then current billing cycle.

GRANT OF LICENSE FOR NON-COMMERCIAL USE. Subject to the terms and conditions of this Agreement, Pegasus Group Solutions Inc. grants to You a personal, non-exclusive, non-transferable, non-sublicensable and non-commercial limited license to download and use the Software where necessary to display the Software on Your wireless communications device (“Device”) and to use the Software on such Device and Your computer in accordance with the Documentation (as defined below). Such license includes the use of information, materials and documentation related to the Software that are provided or made available to You by Pegasus Group Solutions Inc. at the time You install the Software (“Documentation”). Such license shall be, at Pegasus Group Solutions Inc.'s sole discretion, annual or monthly and is conditioned upon the receipt by Pegasus Group Solutions Inc. or its authorized reseller of full payment for the Software, but shall be terminable as provided in this Agreement. Your rights in the Software are limited to those expressly granted herein. Your rights in the Software do not cover any broadcast or media use without execution of a separate agreement with Pegasus Group Solutions Inc. allowing You to do so. The aggregated information made available for display using the Software is provided under a nonexclusive, non-transferable license for printing and use only by You. You may not use the Software in any manner that could damage, disable, overburden, or impair Pegasus Group Solutions Inc.'s services (e.g., You may not use Pegasus Group Solutions Inc. Software in an automated manner), nor may You use Software in any manner that could interfere with any other party's use and enjoyment of Pegasus Group Solutions Inc.'s services. All rights not expressly granted in this Agreement are reserved by Pegasus Group Solutions Inc.

RESTRICTIONS. You agree not to rent, lease, lend, share, reproduce, translate or sublicense the Software or any portion thereof or otherwise use or allow others to use the Software for the benefit of any third party. You agree not to (and shall not allow any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or discover any source code, underlying ideas or algorithms of the Software or any other trade secrets or proprietary information of Pegasus Group Solutions Inc. by any means whatsoever; (b) create any derivative works of or otherwise modify the Software or incorporate any portion of the Software into or with any other software; (c) remove any product identification, copyright or other proprietary notice from the Software; (d) copy or otherwise reproduce the Documentation; or (e) install, download or use the Software or any portion thereof on or with any device or product other than Your Device.

OWNERSHIP. You acknowledge that (a) the Software contains proprietary and confidential information that is protected by applicable intellectual property and other laws, and (b) Pegasus Group Solutions Inc. owns all right, title and interest in and to the Software and software provided through or in conjunction with the Software, including without limitation all Intellectual Property Rights therein and thereto. "Intellectual Property Rights" means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations thereof, now or hereafter in force and effect worldwide. You agree that You will not, and will not allow any third party to, (i) copy, sell, license, distribute, transfer, modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from the Software, unless otherwise permitted, (ii) take any action to circumvent or defeat the security or content usage rules provided, deployed or enforced by any functionality (including without limitation digital rights management functionality) contained in the Software, (iii) use the Software to access, copy, transfer, transcode or retransmit content in violation of any law or third party rights, or (iv) remove, obscure, or alter Pegasus Group Solutions Inc.'s copyright notices, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Software.. The Software is licensed, and not sold, to You.

UPDATES. updates to the Software, such as bug fixes, patches, enhanced functions, missing plug-ins and new versions (collectively, “Updates”). By installing the Software, You agree to receive notifications of updates. 

TERM AND TERMINATION. You may terminate this Agreement at any time by permanently deleting the Software in its entirety. Your rights automatically and immediately terminate without notice from Pegasus Group Solutions Inc. if You fail to comply with any provision of this Agreement. In such event, You must immediately delete the Software. To the maximum extent permitted by law, Pegasus Group Solutions Inc. reserves the right to terminate this Agreement at any time and for any reason. Upon any termination of this Agreement: (a) You will not have access to or be able to recover any Content; (b) Pegasus Group Solutions Inc. shall have the right to immediately remove all Content from Pegasus Group Solutions Inc. storage systems and destroy any such Content; (c) Pegasus Group Solutions Inc. shall not be obligated to refund any monies paid; (d) the license granted to You in this Agreement will immediately terminate, and You agree to immediately cease all use of the Software and the Documentation; and (e) except for the license granted to You in this Agreement, the terms of this Agreement shall survive such termination.

U.S. GOVERNMENT RESTRICTED RIGHTS. The Software and any related documentation are deemed "commercial computer software" and "commercial computer software documentation," respectively, within the meaning of the applicable civilian and military Federal acquisition regulations and any supplement thereto. The Software has been developed at private expense and provided subject to this Agreement. If the user of the Software is an agency, department, employee, or other entity of the United States Government, the use, duplication, reproduction, release, modification, disclosure, or transfer of the Software, including technical data or manuals, is governed solely and restricted by the terms, conditions and covenants contained in this Agreement. In accordance with Federal Acquisition Regulation 12.212 for civilian agencies and Defense Federal Acquisition Regulation Supplement 227.7202 for military agencies, use of the Software is further restricted by this Agreement.

EXPORT RESTRICTIONS. The Software may be subject to export controls or restrictions by the United States or other countries or territories. You agree to (i) comply with the requirements of the U.S. Department of Commerce (DOC) Export Administration Regulations (EAR) (see http://www.bis.doc.gov) and all applicable international, national, state, regional and local laws, and regulations, including without limitation any applicable import and use restrictions, (ii) not export, or re-export, directly or indirectly, the Software to any country outlined in the EAR, nor to any person or entity on the DOC Denied Persons, Entities and Unverified Lists, the U.S. Department of State's Debarred List, or on the U.S. Department of Treasury's lists of Specially Designated Nationals, Specially Designated Narcotics Traffickers, or Specially Designated Terrorists, (iii) not export, or re-export the Software to any military entity not approved under the EAR, or to any other entity for any military purpose, and (iv) not license, sell, provide or distribute the Software for use in connection with chemical, biological, or nuclear weapons or missiles capable of delivering such weapons.

ACCOUNT AND SECURITY. To access and use the Software, You must create a login and/or password during account creation. You are exclusively responsible for all activities that occur under Your account, whether or not it occurs with Your knowledge. You are also exclusively responsible for maintaining the confidentiality of Your account login and password, and are exclusively responsible for any failure to do so and any results thereof. You have the capability to change Your password at any time.

COMPLIANCE WITH LAWS AND PEGASUS GROUP SOLUTIONS INC. POLICIES. You agree to comply with all local laws and regulations regarding the download, installation and/or use of the Software. You agree to comply with any applicable policies or guidelines that Pegasus Group Solutions Inc. may make available from time to time in its sole discretion. By way of example, and not as a limitation, You agree that when using the Software, You will not:

You acknowledge that Pegasus Group Solutions Inc. may establish general practices and limits concerning the use of the Software, including, without limitation, the type of Data that may be archived, the maximum size of available server space for Your Content, the maximum number of days that Content may be stored, and the maximum number of times and the maximum duration for which You may access the Software in a given period of time. Pegasus Group Solutions Inc. reserves the right to modify these and other general practices in its sole discretion and without any notice to You. You agree that Pegasus Group Solutions Inc. has no responsibility or liability for any removal, loss or destruction of, or failure to store or provide access to, any Content or any other content transmitted through the use of the Software.

LINKS. The Software may provide, or third parties may provide, links to other internet sites, resources or services. Because Pegasus Group Solutions Inc. has no control over such sites, resources or services, you acknowledge and agree that Pegasus Group Solutions Inc. is not responsible for the availability of such external sites, resources or services, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You agree to use the Software and any links at Your own discretion and risk. You further acknowledge and agree that neither Pegasus Group Solutions Inc. nor any third party providing links, resources or services shall be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such links, content, goods or services available on or through any such site or resource.

INDEMNIFICATION. You shall indemnify, defend and hold harmless Pegasus Group Solutions Inc. and its officers, directors, employees, affiliates and agents from and against any claim, loss, liability, cost or expense, including, but not limited to, reasonable attorneys’ fees and costs (collectively, “Claim”) to the extent such Claim arises or results from or is based upon: (a) Your breach of any of the terms and conditions of this Agreement; (b) Your breach of any applicable policy or agreement between You and Your device carrier; (c) Your subscription to the Software; (d) any allegation that any Data, Content, any other data Your use (or Pegasus Group Solutions Inc.’s provision) of the Software infringes, is a misappropriation of or violates any third party right, including, without limitation, any intellectual property right or right of privacy (except to the extent such allegation is that the Software application itself, as provided by Pegasus Group Solutions Inc., infringes or is a misappropriation of any third party intellectual property right); or (e) Your failure to comply with any applicable laws with respect to any Content or any other data

DISCLAIMER OF WARRANTIES. YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a) YOUR USE OF THE SOFTWARE IS AT YOUR SOLE RISK. THE SOFTWARE IS PROVIDED ON AN "AS IS" BASIS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEGASUS GROUP SOLUTIONS INC. EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) PEGASUS GROUP SOLUTIONS INC. MAKES NO WARRANTY (I) THAT THE SOFTWARE WILL MEET YOUR REQUIREMENTS, (II) THAT THE SOFTWARE WILL BE ERROR-FREE OR BUG-FREE, (III) REGARDING THE SECURITY, RELIABILITY, TIMELINESS, OR PERFORMANCE OF THE SOFTWARE, AND (IV) THAT ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c) ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SOFTWARE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
d) NONE OF THE SOFTWARE IS INTENDED FOR USE IN THE OPERATION OF NUCLEAR FACILITIES, LIFE SUPPORT SYSTEMS, EMERGENCY COMMUNICATIONS, AIRCRAFT NAVIGATION OR COMMUNICATION SYSTEMS, AIR TRAFFIC CONTROL SYSTEMS, OR ANY OTHER SUCH ACTIVITIES IN WHICH CASE THE FAILURE OF THE SOFTWARE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE.
e) NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PEGASUS GROUP SOLUTIONS INC. OR ANY THIRD PARTY OR THROUGH THE SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS AND CONDITIONS.

LIMITATION OF LIABILITY. IN NO EVENT SHALL PEGASUS GROUP SOLUTIONS INC. AND ITS AFFILIATES OR ANY OF THEIR SUPPLIERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT (INCLUDING, WITHOUT LIMITATION, ANY DATA, CONTENT, THE USE OR INABILITY TO USE THE SOFTWARE OR THE DOCUMENTATION, OR ANY SERVICES PROVIDED BY PEGASUS GROUP SOLUTIONS INC.) UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR FOR ANY INCIDENTAL, PUNITIVE, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OR CORRUPTION OF BUSINESS INFORMATION OR DATA, OR OTHER PECUNIARY LOSS), EVEN IF PEGASUS GROUP SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. YOU AGREE THAT IN NO EVENT SHALL PEGASUS GROUP SOLUTIONS INC.’S CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY, WHETHER UNDER CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, EXCEED THE AMOUNTS PAID BY YOU SOLELY AND DIRECTLY FOR THE USE OF THE SOFTWARE, EVEN IF PEGASUS GROUP SOLUTIONS INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IF THE REMEDIES PROVIDED FOR IN THIS AGREEMENT FAIL OF THEIR ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES SO THIS LIMITATION MAY NOT APPLY TO YOU. THIS LIMITATION OF LIABILITY PROVISION SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY LAW.

FORCE MAJEURE. Pegasus Group Solutions Inc. shall not be liable for nonperformance, delay, errors, data loss or corruption or other loss caused by any event beyond Pegasus Group Solutions Inc.’s reasonable control, including, but not limited to, acts of God, war, hostilities, terrorist acts, revolution, civil disorder, national emergency, strikes, lockouts, unavailability of supplies, non-use of product, epidemics, fire, flood, earthquake, force of nature, explosion, embargo or any law, proclamation, regulation, ordinance or other act or order of any court, government or governmental agency.

ENTIRE AGREEMENT; AMENDMENT. This Agreement constitutes the entire agreement between You and Pegasus Group Solutions Inc. with respect to the subject matter hereof and supersedes all prior or contemporaneous understandings and agreements regarding the subject matter of this Agreement.

CONTROLLING LAW; SEVERABILITY; GENERAL. This Agreement shall be governed by the laws of the United States and the State of Florida without regard to conflicts of laws provisions thereof. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. If any provision contained herein is held illegal, invalid or unenforceable, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, valid or enforceable, and all other provisions shall not be affected thereby. No provision of this Agreement shall be deemed waived unless such waiver is in writing and signed by a duly authorized representative of Pegasus Group Solutions Inc.. Headings used in this Agreement are for convenience only and shall not be used in the interpretation of this Agreement. You may not assign any benefits or rights, or delegate any duties or obligations, under this Agreement to any other party.

ARBITRATION.  Any claim, controversy or dispute arising out of or related to the marketing, advertising, or sale, or Your use of the Software between the Pegasus Group Solutions Inc. and You that cannot be settled by private negotiation shall be resolved solely and exclusively by final and binding arbitration (“Arbitration”). Such Arbitration shall be administered by the Orlando, Florida office of the American Arbitration Association (“AAA”) and conducted pursuant to the rules then in effect of the AAA governing commercial disputes (“Rules”). The Arbitration hearing shall take place in Orlando, Florida, unless otherwise agreed by all parties to the Arbitration, before a single neutral arbitrator licensed to practice law selected by the parties or appointed in accordance with the Rules. The arbitrator shall be bound to apply the laws of the State of Florida, without regard to conflicts of laws provisions thereof, and, where applicable, federal statutory law. The arbitrator shall have authority to award compensatory damages only, and You expressly waive the right to seek any punitive damages in any Arbitration hereunder. To submit a matter to Arbitration, the party seeking redress shall notify in writing the party against whom such redress is sought, describe the nature of such claim and the material facts surrounding such claim. The arbitrator shall render a single written decision. The arbitrator’s award shall be final and binding and may be entered in any court having jurisdiction thereof. Each party shall bear its own costs and attorney’s fees in connection with any Arbitration arising hereunder, and the fees and expenses in connection with such Arbitration shall be borne equally be the parties. Notwithstanding anything to the contrary herein, neither party is precluded from seeking injunctive relief in any court of competent jurisdiction. All controversies, claims, or disputes, including any representative claims against us and/or related third parties shall be resolved by binding arbitration only on an individual basis. Therefore, You waive the right to file, participate in, or be a member of any class action lawsuit, representative action, or class arbitration. The arbitrator shall not allow You to serve as a representative, as a private attorney general, or in any other representative capacity for others in any arbitration arising hereunder. It is an indispensable condition of the arbitration that there will be no class arbitration. You may opt out of this Arbitration provision within 30 days of the date You download the Software by sending a letter with Your request to the address below.

COPYRIGHT INFRINGEMENT NOTIFICATION. Pegasus Group Solutions Inc. has a policy of removing data or content that violates copyright law. Pursuant to Section 512 of Title 17 of the United States Code, Pegasus Group Solutions Inc. has implemented procedures for receiving written notification of claimed copyright infringement and for processing such claims in accordance with such law. To file a copyright infringement notification with us, You will need to send a written communication that includes substantially the following information (or such other additional information as may be required by Section 512(c)(3) of the Copyright Act):

      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 the service provider to locate the material.

    iv.        Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted.

     v.        A statement that the complaining party has 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.

    vi.        A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

   vii.        Pegasus Group Solutions Inc.


10504 Angler CT,Orlando, FL, 32825
Attention: General Manager – Pegasus Group Solutions Inc.

Phone Number: 407 931 3441
Email: NP@1pra.com

For clarity, only copyright infringement notifications should be sent to the designated agent above. You may not receive a response to any other feedback, comments, requests for technical support, or other communications delivered to the designated agent above.