PEOPLEHEDGE CORP.

TERMS OF USE

(Effective as of August 16, 2012)

Welcome to the PeopleHedge Corp. demo site. The following terms and conditions (“Terms of Use”) govern access to and use of our website located at www.peoplehedge.com (the “Site”) and the services offered by PeopleHedge Corp. in connection with the Site (“Service”). The Service is made available by PeopleHedge Corp. (“us,” “we,” or “PeopleHedge”). Please review these Terms of Use carefully. By accessing or using the Site you (“you” or the “member”) agree to these Terms of Use. If you do not agree to these Terms of Use, you may not access or use the Site or the Service.

As a participant of the demo site, you are obtaining early access to the Service. As a participant, we may ask you from time to time during our demo period for your input regarding the Service and the Site, or for other information relating to your experiences and practices relating to currency exchange and we would appreciate your candid feedback. Any such feedback or information you provide will become the property of PeopleHedge and you hereby assign all rights in such feedback and information to PeopleHedge, and we may use that information for our business purposes, including without limitation continuing to improve the Service and the Site.

You understand that you are using and accessing a demo version of the Service and the Site and that we are likely to make changes to the Service and the Site before we make the Service or the Site generally available for use. These Terms of Use include a release by you of all claims for damages against us that may arise out of your use of the Service or the Site, including our use of any feedback or information provided to us by you. By using any of these, you agree to this release.

PRIVACY POLICY

PeopleHedge respects the privacy of its users. Please refer to PeopleHedge’s Privacy Policy (found here ) which explains how we collect, use, and disclose information that pertains to your privacy. When you access or use the Site or the Service, you signify your agreement to this Privacy Policy.

ABOUT THE SERVICE; RULES FOR CONDUCT AND USE OF THE SERVICE

The Service provides an explanation and demonstration of how the products and services PeopleHedge may elect to offer will work and provides additional information about PeopleHedge. The Site and the Service are currently in demo format and do not permit you to make actual transactions at this time. You need to be at least 18 years old and a resident of the United States to participate in the Service. Additional requirements will apply if PeopleHedge decides to initiate the type of transactions contemplated by the Service.

You are solely responsible for your use of and activity in relation to the Site and the Service. Your permission to use the Service and the Site is conditioned upon the following use and conduct restrictions. You agree that you will not under any circumstances:

  • post or submit any content that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
  • create a false identity or impersonate any person, including without limitation, identities falsely indicating that you are a PeopleHedge official or representative, message board moderator, guide, or another user;
  • use the Service for any unlawful purpose or for the promotion of illegal activities;
  • distribute or submit unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation;
  • attempt to, or harass, abuse or harm another person or member;
  • provide false or inaccurate information to PeopleHedge;
  • interfere or attempt to interfere with the proper functioning of the Service;
  • make any automated use of the Service, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
  • copy, modify or distribute rights from the Site or Service or PeopleHedge’s copyrights and trademarks;
  • submit content or materials that are subject to intellectual property protection, including without limitation, copyright, trademark or patent rights, or otherwise subject to third party proprietary rights, including without limitation, privacy and publicity rights, unless you are the owner of such rights or have permission from the owner of such rights to post said content or materials and to grant us all of the license rights necessary to transmit or maintain such content and materials on or through the Site;
  • bypass any robot exclusion headers or other measures we take to restrict access to the Site or the Site or the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
  • publish, submit or link to malicious content intended to damage or disrupt the browser, computer or systems of PeopleHedge or of any other person or entity.
  • You acknowledge that people participating in public or semi-public spaces on the Site, including any blog or message board we may make available (collectively “Forums”) occasionally post content or material, or make statements, whether intentionally or unintentionally, that are inaccurate, misleading, illegal or deceptive. We neither endorse nor are responsible for such submissions or statements, or for any opinion, advice, information or other utterance made or displayed on the Site, including in the Forums, by any third person. The opinions expressed in the Forums reflect solely the opinion(s) of the participants of the Forums and do not necessarily reflect the opinion(s) of PeopleHedge. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in submissions or other content posted by our users or for any results obtained from the use of any such statements or information. Under no circumstances will we or our affiliates, agents, suppliers or other users be liable for any loss or damage caused by your reliance on any content or material submitted to us or on any information or materials obtained through the Site.

    We have no obligation to monitor the Site, the Forums or any submissions or other materials that you or other third persons or parties transmit or post on the Site or the Forums. You acknowledge and agree that we have the right (but not the obligation) to do any or all of the following, at our sole discretion: (a) alter, remove or refuse to post or allow to be posted or stored any user-submitted content, material or message; (b) monitor and/or filter any of your communications through the Forums (including without limitation, by means of blocking or replacing expletives or other language that may be deemed harmful or offensive); and/or (c) disclose any submission or message or any communication through the Forums, and the circumstances surrounding the transmission thereof, to any third party in order to operate the Site to (i) protect us and our employees, officers, directors, shareholders, agents, representatives, affiliates, users and visitors; (ii) to comply with legal obligations or governmental requests; (iii) to enforce these Terms of Use; or (iv) for any other reason or purpose.

    By posting or submitting content or material to the Site, including the Forums, you represent and warrant (A) that you own or otherwise control all of the rights to the content of your submission, including without limitation, all copyrights; (B) that the content is accurate; (C) that use of the content you supply does not violate these Terms of Use or the Privacy Policy and will not cause injury to any person or entity; and (D) that you will indemnify us and/or our affiliates for all claims resulting from any content and information, including without limitation, all material or content you submit, supply, provide or transmit to us or the Site, including the Forums. We take no responsibility and assume no liability for any content or materials submitted or posted on the Site, including in the Forums, by you or any third party. WE RESERVE THE RIGHT TO REMOVE ANY CONTENT, MATERIAL, OR SUBMISSION THAT WE DETERMINE IN OUR SOLE DISCRETION VIOLATES ANY LAW OR RIGHT OF ANY PERSON, INFRINGES THE RIGHTS OF ANY PERSON, OR IS OTHERWISE INAPPROPRIATE FOR POSTING ON THE SITE, INCLUDING IN THE FORUMS.

    INTELLECTUAL PROPERTY; LICENSE GRANT

    You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Site and the Service, including applicable copyrights, trademarks and other proprietary rights. Names of other products, companies, or other persons or entities, that are mentioned on the Site may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under these Terms of Use.

    Any content or information that you submit, provide, or otherwise make available to us, including all intellectual property rights in such content, including but not limited to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress and service mark rights (and associated goodwill), trade secret rights, and all other intellectual property and proprietary rights as may now exist or hereafter come into existence, and all applications for any of these rights and registrations, renewals and extensions of any of these rights, in each case under the laws of any state, country, territory or other jurisdiction, is referred to in these Terms of Use as “User Content.” You retain all of your rights in all of the User Content you provide to us.

    By providing any User Content to PeopleHedge, you grant us a perpetual, irrevocable, non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, display, reproduce, modify, and distribute your User Content on the Site and in other promotional materials for the purposes of operating and providing to you and to our other users the Service and other products and services we may offer from time to time and for otherwise advertising and promoting the Site and the Service. In addition, you hereby consent to the use and disclosure of your name, and other personal identifying information you provide to us, in connection with our display, publication, or other use of any User Content that you submit to us. Nothing in these Terms of Use shall restrict PeopleHedge’s rights to User Content under separate licenses. Please be aware that the Site and the Service, any other promotional materials we may distribute from time to time, are publicly available, and that other persons or entities may see, use, or otherwise republish or redistribute any User Content that you provide to us and we make publicly available through the Site, the Service, or otherwise.

    NOTICE AND TAKE DOWN PROCEDURES; COPYRIGHT AGENT

    If you believe any material or content accessible on, from, or through the Site (including the Forums) or the Service infringes your copyright, you may request removal of that content (or access thereto) from the Site (including the Forums) and the Service by contacting our copyright agent (identified below) and providing the following information:

    • Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.
    • Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.
    • Your name, address, telephone number and (if available) e-mail address.
    • A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.
    • A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner’s behalf.
    • A signature or the electronic equivalent from the copyright holder or authorized representative.
    • Our agent for copyright issues relating to the Site and the Service is as follows: Damon Magnuski, 28 Battery St, #3, Boston, MA 02109, (312)798-9672, info [at] peoplehedge.com

    WARRANTY DISCLAIMER

    THE SERVICE AND THE SITE ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, PEOPLEHEDGE EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE, THE SITE, OR ANY INFORMATION PROVIDED BY PEOPLEHEDGE THROUGH THE SITE OR THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, PEOPLEHEDGE MAKES NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. PeopleHedge does not guarantee the quality, safety or legality of the products, information or services provided through the Site and the Service.

    LIMITATION OF DAMAGES

    TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PEOPLEHEDGE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE OR DISPLAY OF ANY CONTENT YOU POST OR SUBMIT TO PEOPLEHEDGE; (B) YOUR USE OR INABILITY TO USE THE SERVICE OR THE SITE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH PEOPLEHEDGE OR ANY OTHER MEMBER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT PEOPLEHEDGE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

    MODIFICATION OF TERMS OF USE

    We can amend the Site, the Services, and these Terms of Use at any time. PeopleHedge will not be required to notify you in advance of amending or modifying the Site, the Service, or the Terms of Use. However, we will post any modifications to the Terms of Use on the Site. Therefore, it is your sole responsibility to check the Site from time to time to view any such changes. If you continue to use the Service or the Site after such modifications are posted, you signify your agreement to our revisions to the Terms of Use. Any changes to these Terms of Use (other than as set forth in this paragraph) or waiver of PeopleHedge’s rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of an officer of PeopleHedge. No purported waiver or modification of these Terms of Use by PeopleHedge via telephonic or email communications shall be valid.

    GENERAL TERMS

    If any part of these Terms of Use is held invalid or unenforceable, that portion of these Terms of Use will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of PeopleHedge to enforce any provision of these Terms of Use will not be considered a waiver of our right to enforce such provision. Our rights under these Terms of Use will survive any termination of these Terms of Use.

    These Terms of Use and your use of the Site are governed by the federal laws of the United States of America and the laws of the Commonwealth of Massachusetts, without regard to conflict of law provisions.

    Neither party shall be deemed to be an agent of the other party and the relationship of the parties shall be that of independent contractors. Neither party shall have any right or authority to assume any obligations, or to make any representations or warranties, whether express or implied, on behalf of the other party, or to bind the other party in any matter whatsoever. The headings of the sections of these Terms of Use are for convenience of reference only and shall not be considered in construing these Terms of Use.

    Communications made through the Site’s e-mail and messaging system (including by messages submitted to us at [http://phdemo.herokuapp.com/contact]) will not constitute legal notice to PeopleHedge or any of its officers, employees, agents or representatives in any situation where notice to PeopleHedge is required by contract or any law or regulation.

    For contractual purposes, you (a) consent to receive communications from PeopleHedge in an electronic form via any email address you may submit to us; and (b) agree that all Terms of Use, agreements, notices, disclosures, and other communications that PeopleHedge provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.

    You agree to comply at all times with all laws, rules and regulations applicable to your use of the Service and the Site.

    PeopleHedge may assign or delegate these Terms of Use and/or the PeopleHedge Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Use or Privacy Policy without PeopleHedge’s prior written consent, and any unauthorized assignment and delegation by you is void.

    YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THE TERMS OF USE, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF USE TOGETHER WITH THE PRIVACY POLICY AT www.peoplehedge.com/privacy REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THESE TERMS OF USE.