We hope that there aren’t any disputes between you and Perkville, but in case there are, these Terms some rules for how to resolve them. Those rules are set out, below, in the sections called Disclaimers, Limitation of Liability, and Dispute Resolution. Please read these sections carefully as they include important agreements that could affect your legal rights. In particular:
You agree to email us at email@example.com before you bring a formal claim in court or arbitration so that we can try to reach an agreement. And, we agree to do the same.
You agree that any disputes between you and Perkville will be subject to a MANDATORY INDIVIDUAL ARBITRATION AGREEMENT. This means that any disputes between you and Perkville will not be decided by a judge or a jury but, instead, will be decided in a private arbitration.
You also agree that you will not try to sue Perkville in a class action lawsuit, either as named plaintiff or a class member. This is called a “class action waiver.”
We think that these Terms are fair and straightforward, but feel free to contact us at firstname.lastname@example.org if you have any questions or suggestions.
If we update our User Agreement, and you do not agree to the changes, you should stop accessing or using the Service. By continuing to use the Service after we give notice, you accept and agree to be bound by the revised User Agreement.
The most current version of the User Agreement, which will always be accessible at perkville.com, will govern our relationship with you (except with respect to Businesses as set forth under below). Please check frequently to make sure that you stay up-to-date on of any changes.
You must be at least 18 years old to use our Service. You may only use the Service if you agree to the User Agreement, including these Terms, as a binding contract with Perkville.
"Business” or “Business User” is a business that is using our Service, including clients of Perkville.
“Business-Specified Terms” are a Business’s rules its Reward Program, Offers, and/or Vouchers that they provide using our Service.
“Contact information” includes a person's or Business's email addresses, phone number, physical address, Facebook profile, Twitter handle, or other online ID.
"Confidential Information" as used in the User Agreement or any other written agreement between Business and Perkville, means any written, machine-reproducible and/or visual materials that are clearly labeled as proprietary, confidential, or with words of similar meaning, and all information that is orally or visually disclosed, if not so marked, if it is identified as proprietary or confidential at the time of its disclosure or in a writing provided within thirty (30) days after disclosure, and any information of any nature described in the User Agreement as confidential.
“Content” includes text, audio, video, images, photos and all other forms of data communication, including information provided when referring a person to the Service, the Business, or an Offer.
“Client” is an Individual User who is a current or former customer or client of a Business on Perkville or who is a prospective client or customer of a Business on Perkville (i.e., referred individuals).
“Employee” or means an employee, independent contractor, representative, or agent working on behalf of a Business who has (i) been assigned to access and use the Service, and, (ii) registered online to access and use the Service.
“Expiration Date” is a date that is determined by a Business, on which benefits, including but not limited to Points, Perks, Rewards, Offers, and Vouchers, can no longer be redeemed or used.
“Individual User” is a User, including a Client, who does not pay any monies to Perkville, directly, and who accesses the Service through his or her relationship with a Business User, but not as an Employee.
“Intellectual Property Rights” means patent rights (including, without limitation, patent applications and disclosures), copyrights, trade secrets, moral rights, know-how, and any other intellectual property rights recognized in any country or jurisdiction in the world.
“Offers” means promotions offered by Businesses as it relates to Perkville’s loyalty service when Businesses are using the Service for their Clients.
“Perks” are benefits, such as goods or services, that a Business may make available for redemption, subject to certain conditions set by that Business, through its Reward Program.
“Points” may be offered and redeemed for Perks by and from Businesses, at Businesses’ sole discretion or in accordance with any agreements between Businesses and their Clients.
“Reward Program(s)” are offered by Businesses and include all aspects of a Business's reward system on the Service including the Business's terms for how their Clients can earn and redeem points and Business's granting and redeeming of Clients’ points.
“Service” or “Services” refers to all services provided by Perkville including, but not limited to, its web site, technology and service platforms (its platform as a service (Middle)) and loyalty/rewards management service used by Businesses and third parties.
“User” is any person or entity (including a Business) who browses, accesses, scrapes, crawls or in any way uses Perkville and the Services.
“Voucher" is a printed or electronic voucher that may be obtained from a Business by either redeeming Points or claiming an Offer from a Business.
“We”, “us”, “our”, and “Perkville” refer to Perkville, Inc., a Delaware corporation.
“You” and “Your” refer to you, a User of Perkville.
You may choose to create an account on Perkville’s website. You might be required, by a Business, to create an account in order to participate in the Business’s Reward Program. If you create an account with us, Perkville will place a cookie on any computer from which you login to Perkville that helps us recognize you as the account holder and provide you with direct access to your account without you having to retype your password. To prevent someone else from accessing your account, you should to exit from your account at the end of each session if you expect someone else to use the computer from which you logged into Perkville.
You agree to immediately notify Perkville of any unauthorized use of your password or account or any other breach of security. You agree that Perkville cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
Businesses may offer Reward Programs through Perkville’s Service, which may include Points that may be earned and may be redeemable for goods and services as may be decided by the Business, either at its sole discretion or as agreed to by the Business and its Clients. By using the Service, you may be able to participate in a Business’s Reward Program and may have the opportunity to earn Rewards, Perks, Points and other benefits from a Business. Some of our Services are only available to Clients of a Business with a Rewards Program who have registered with that Program. Perkville does not charge Clients participation or membership fees in exchange for use of our Service.
Perkville does not offer Reward Programs, Points, Perks, goods, or services to Individual Users or Clients and is not responsible for the Rewards Program, Points, Perks, goods or services offered by a Business. Perkville makes no warranties and disclaims all responsibility and liability for the completeness, accuracy, availability and timeliness of a Business’s Reward Program. Perkville will have no liability if a Business refuses, fails to honor, changes, or terminates its Reward Program, or its Rewards, Perks, Points, or any other benefits, whether or not they are offered through our Service.
The Reward Program, Rewards, Perks, Points, and other benefits made available in connection with the Service are promotional only and have no cash or property value. Businesses, and not Perkville, in accordance with their agreements with Clients or at Businesses’ own discretion, determine how Points and all other benefits are awarded, calculated, valued, and redeemed, when they expire, are terminated, and User’s ownership, or lack thereof, of same. Perkville is not responsible for any unredeemed Points or benefits, or any Points or benefits that are lost. Businesses also do not bear such responsibility, unless specified in a separate agreement.
Perkville enables Users to acquire a Voucher from a Business by either claiming an Offer or redeeming points. But the Business is the issuer of the Voucher. As issuer of the Voucher, the Business shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a User, caused in whole or in part by the Business or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers.
Businesses shall honor Vouchers until the Expiration Date and longer if required by applicable law. The following additional terms apply to all Vouchers obtained through Perkville.
By generating a Voucher, either by claiming an Offer or redeeming points on the Services, a User acquires the right to use the corresponding Voucher issued by the participating Business according to its Business-Specified Terms and this User Agreement. Whether you choose to redeem the Voucher is within your sole control and at your sole discretion.
User agrees that no cash back or credit will be issued for partial redemption of the Voucher, except as required by applicable law.
Vouchers cannot be combined with any other offers unless otherwise noted in the Business-Specified Terms.
If the Expiration Date of a Voucher is prohibited under the law of the jurisdiction of the Business location, then the Voucher will expire as early as is allowed under the law of the respective jurisdiction of the Business location.
Businesses, not Perkville, are the providers of the Reward Programs, Rewards, Points, Perks, and other benefits and are solely responsible for redeeming any Points or Rewards you may obtain. Businesses, not Perkville, are responsible for notifying Clients about changes in Reward Programs, including if they change, suspend, discontinue, or terminate any aspect of a Reward Program, or Your membership in a Reward Program, or if they modify the value of Points, Perks, or other benefits, or determine that certain services or items are not eligible for accumulation or redemption of Points or other benefits. Perkville is not responsible for these changes or any changes in Businesses’ Rewards Programs and may not notify the Businesses’ Clients.
You agree that you won’t hold Perkville responsible for if you lose Points goods, items, services, Vouchers, Offers, can’t redeem points, goods, items, services, Vouchers, Offers, or if a Reward Program changes, or if a Reward Program ends. You might lose access to some or all of our Service, including your Reward Program or Client account, if a Reward Program ends, a Business stops offering a Reward Program through Perkville, or a Business closes a specific Client account. If this happens, you should contact the Business. Perkville is not responsible for these changes and may not notify Businesses’ Clients.
Businesses' failure to enforce any right or provision of these Terms or any Business-Specific Terms will not be deemed a waiver. In no event shall Businesses be liable for any direct, indirect, special, punitive, consequential or other damages arising out of Users use of any Reward Program; and, no such liability shall arise out of this Agreement or accrue to Perkville. User will not hold Perkville responsible for the behavior of any Businesses utilizing the Services.
Perkville strives to provide great Service, but there are certain things that we can’t guarantee. Businesses’ Reward Programs are provided "AS IS” on Perkville. To the fullest extent permissible by applicable law, Perkville and the Businesses make no representation or warranties of any kind whatsoever for the Rewards Programs on the Service unless otherwise stated by the Business. Neither Businesses nor Perkville assume any responsibility and shall not be liable for any damages resulting from use of Businesses’ Reward Program or any items obtained through the Rewards Program. Perkville and the Businesses shall not be liable for any failure of Businesses’ Rewards Program which results from acts or events beyond the reasonable control of Perkville or the Businesses.
Perkville enables Businesses to market, and Users to claim, Offers on our Services. When you claim an Offer you are also agreeing to the Business-Specified Terms for such Offer, which are between you and the Business.
Some Businesses only provide Offers to specific Users or types of User (e.g., a User that has not purchased from the Business before). This will be specified in the Offer. Don’t try to claim an Offer that you are ineligible. This includes attempting to claim an Offer using a false account or someone else's account. If you, your offer will be voided, and you could face additional consequences from the Business. Businesses decide if your claim for an Offer is valid or invalid or if it violates your agreement with the Business, the Business-Specified Terms or our User Agreement, including these terms.
Perkville does not provide or award Offers. Perkville markets Offers and in marketing Offers, only, acts an as agent of Businesses. Businesses are the sole issuer of their Offers and are responsible for all other aspects of Offers. As an issuer of their Offers, Businesses hereby agree to the following:
The terms and conditions of any Offer, including any discounts for goods and services offered thereunder, comply with all, and do not and will not violate any applicable local, state or federal law, statute, rule or order, including but not limited to, any laws governing vouchers, gift cards, coupons, and/or gift certificates including but not limited to, the Credit Card Act of 2009 and any state or local laws governing the imposition of expiration dates, service charges, dormancy fees or other terms and conditions of an Offer.
An Offer will not constitute false, deceptive or unfair advertising or disparagement under any applicable laws.
An Offer upon being claimed shall be available immediately for redemption by the User.
Once an Offer is claimed and delivered to the User, the Business shall be solely responsible for all customer service in connection with the claimed Offer and for supplying all discounts, goods and/or services specified in the Offer.
Use of an Offer for alcoholic beverages is at the sole discretion of the Business (which may be limited by applicable state or provincial law).
The Business shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a User, caused in whole or in part by the Business or its products and services, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Offer(s).
Business is registered for sales and use tax collection purposes in all countries and states in which Business' goods and services will be provided pursuant to the terms and presentation of the Offer.
Perkville reserves the continuing right, but shall not be obligated, to reject, revise, or discontinue publishing any Offer and to require Businesses to edit or modify the same for any reason, including, without limitation, to conform the Offer to Perkville specifications or applicable laws.
Perkville grants to you a personal, limited, nonexclusive, nontransferable right to use the Services that is valid only for the period of time while your Perkville account is active, your payment obligations, if any, to Perkville are met, and only for the purposes described by these Terms. Perkville is protected by trade secret and other intellectual property laws. You are only granted the right to use the Services in accordance with the User Agreement and all rights, including, but not limited to, ownership of and Intellectual Property Rights in the Services remain the exclusive property of Perkville and its licensors. If you are a Client or Individual User, access to certain Services may also be subject to your agreements with a Business.
In connection with using or accessing the Services you represent, warrant, and covenant to Perkville that:
You are 18 years old and have capacity to form a binding contract with Perkville.
You have full power and authority to enter into the User Agreement and any applicable Business-Specified Terms.
If you represent a Business on the Service, you are an authorized representative of the Business.
You are not a person barred from receiving Service under the laws of the United States or other applicable jurisdiction,
You are not a competitor of Perkville.
You have not been removed or suspended from using or accessing the Service.
You have provided and will maintain true, accurate, current and complete information about yourself, if applicable, the Business you represent.
You are responsible for maintaining the confidentiality of your account password.
You are responsible for all activities that occur in connection with your account.
You agree to notify us immediately of any unauthorized use of your account.
You are not impersonating and will not impersonate someone else.
You are not creating and will not create multiple Perkville accounts or business accounts for the same business.
You are not and will not breach or circumvent any laws, third party rights, or our systems or Perkville terms and policies.
You will not violate the law in any way including storing, publishing or sharing material that is fraudulent, defamatory, libelous, false, inaccurate, misleading, unlawfully pornographic or indecent, or that advocate bigotry, religious, racial or ethnic hatred, or that violates the privacy rights or infringes the rights of others.
You will not post, list or upload content or items in inappropriate categories or areas on our site.
You will not refer anyone’s Contact Information (including name, email and phone number) to the Service or a Business without the prior written authorization of such person.
You will not interfere with any other Business’s offerings.
You will not transfer your Perkville account and user ID to another party without our consent.
You will not distribute or post unsolicited communications, promotions or advertisements; provided, however, that a Business may contact third parties where the Contact Information of such third party was provided to the Business by a User.
You will not distribute chain letters or pyramid schemes.
You will not use the Services to communicate with non-specific Contact Information such as email@example.com, firstname.lastname@example.org, email@example.com, and firstname.lastname@example.org.
You will not use the Contact Information of other Users for any purpose other than in relation to a specific Perkville transaction (which includes not using this information to send marketing materials directly to Perkville users, unless the user has given explicit consent to receiving these materials).
You will not distribute viruses or any other technologies that may harm Perkville or the interests or property of Perkville’s users.
You will not interfere with or disrupt any User, host, or network, for example by overloading, flooding, spamming, or mail-bombing any part of the Services.
You will not use any robot, spider, scraper or other automated means to access our Services for any purpose.
You will not bypass our robot exclusion headers, interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure.
You will not export or re-export any Perkville application or tools except in compliance with the export control laws of any relevant jurisdictions.
You will not infringe the Intellectual Property Rights that belong to or are licensed to Perkville or any of its Users (some, but not all, actions that may be infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to Perkville or someone else).
You will not infringe any Intellectual Property Rights of third parties affected by your use of the Services, including not posting content that does not belong to you.
You will not commercialize any Perkville application or any information or software associated with such application.
You will not send altered, deceptive or false source-identifying information, including "spoofing" or "phishing.”
You will not promote or advertise products or services other than your own.
You will not use automated or other means to create accounts in bulk or to access the Services other than by using our official interface and/or APIs.
You will not harvest or otherwise collect information about users, such as email addresses, without their explicit consent.
You will not duplicate, copy, de-construct, sell, trade, resell, attempt to reverse engineer, reproduce or distribute any portion of the Services, unless otherwise authorized in writing by Perkville.
You will not rent, lease, or provide access to the Services on a time-share or service bureau basis.
You will not sell or rent the Services or Services accounts via unauthorized channels,
You will not access or search the Services by any means other than our publicly supported interfaces (for example, "scraping").
You will not probe, scan, or test the vulnerability of any system or network.
You will not access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven't been invited to.
You will not circumvent any security, authentication, or technical measures we use to provide the Services.
Without limiting other remedies, we may limit, suspend, or terminate your user account and access to our Service, restrict or prohibit access to, and your activities or account on, our Services, cancel transactions, cancel rewards, remove offerings, delay or remove content, remove any special status associated with the account, and take technical and legal steps to keep you from using our Service if:
We think that you are creating problems or possible legal liability;
We think that such restrictions will improve the security of the Perkville community or reduce our or another Perkville user's exposure to financial liability;
We think that you are infringing the rights of third parties;
We think that you are acting inconsistently with this User Agreement or our policies;
We think you are abusing our employees or users;
Despite our reasonable endeavors, we are unable to verify or authenticate any information you provide to us; or,
You fail to make full payment of any fees due for our Services by your payment due date.
When a consumer and business issue arises we may consider the User's specific circumstances in applying our policies. We may choose to be more lenient with policy enforcement in some cases.
We respect your right to ownership of Content you provide to Perkville. You grant Perkville a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub-licensable, fully paid up and royalty-free right to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize the content, ideas, concepts and techniques you submit to Perkville, without any further consent, notice and/or compensation to you or to any third parties.
You are legally responsible for all content you upload, post, store or write on while using the Services. You will not hold Perkville responsible for any content that is lost or unrecoverable through the use of the Services. Any Users suspected of having information which involves fraud, embezzlement, money laundering, insider trading, support for terrorism or any other activity proscribed by applicable law may have their accounts terminated, their Content erased, and they may also be reported to law enforcement officials in the appropriate jurisdictions.
Perkville is not responsible for the Content you submit or transmit using the Services. You agree not to use the Services to upload, post, distribute, link to, publish, reproduce, engage in or transmit any of the following, including but not limited to:
Fraudulent, illegal, defamatory, libelous, obscene, pornographic, profane, threatening, abusive, hateful, offensive, harassing, inappropriate or objectionable content of any kind, including but without limitation to conduct that would encourage or constitute an attack or "flaming" others, or criminal or civil liability under any local, state, federal or foreign law.
Content or data that would impersonate someone else or falsely represent your identity, content or qualifications, or that constitutes a breach of any individual's privacy, including posting images about children or any third party without their consent (or a parent's consent in the case of a minor).
Virus, Trojan horse, worm or other disruptive or harmful software.
Any information, software or content which is not legally yours and may be protected by copyright or other proprietary right or derivative works without permission from the copyright owner or intellectual property rights owner.
It is our policy to (i) block access to or remove any Content (including, without limitation, materials, text, graphics, music, and/or photos) we believe in good faith to infringe the intellectual property rights of third parties following receipt of a compliant notice; and (ii) remove and discontinue service to repeat infringers.
If you believe that Content residing on or accessible through the Service constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please submit a notice to email@example.com (your “Notice”). Your Notice should include the following information:
Identification of the copyrighted work or other intellectual property that you claim has been infringed on or through the Service, including the registration number(s) for any such material if applicable;
Identification of the Content that you claim has infringed on the identified copyrighted work or other intellectual property, including (i) a description of how the material in question is using the copyrighted work or other intellectual property in a way that constitutes infringement, and (ii) a description of where the material in question is located on or in the Service, with sufficient detail that we may verify the existence of the material within the Service (e.g., a precise URL);
Your contact information, including your full name, mailing address, telephone number, and email address;
A statement by you that you have a good faith belief that the disputed use of the copyrighted work or other intellectual property is not authorized by the rights owner, its agents, or the law;
A statement by you, made under penalty of perjury, that the information provided in your notice is accurate and that you are the rights holder or are authorized to act on behalf of the rights holder; and
An electronic or physical signature of the person authorized to act on behalf of the rights holder.
Perkville may request additional information before removing any allegedly infringing material. In the event Perkville removes the allegedly infringing materials, Perkville will immediately notify the person responsible for posting such materials that Perkville removed or disabled access to the materials. Perkville may also provide the responsible person with your email address and other contact information, so that the person may respond directly to your concerns.
Once proper bona fide infringement notification is received by the designated agent, it is our policy:
Procedure to Supply a Counter-Notice to the Designated Agent:
If the user whose Content has been removed or disabled believes that the Content is not infringing, or the user believes that he or she has the right to post and use such Content from the rights owner, the owner's agent, or pursuant to law (including as a fair use), the user must send a counter-notice containing the following information to the Designated Agent listed below:
Please note that any information provided in connection with a counter-notice will be forwarded to the original complaining party, so that they may contact you directly to discuss their concerns.
If a counter-notice is received by the Designated Agent, we will send a full and complete copy of the counter-notice to the original complaining party, along with a notice informing them that we may replace the removed Content or cease disabling it in 10 business days. Unless the rights owner files an action seeking a court order against the user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please note that under Section 512(f) of the DMCA, any person who knowingly misrepresents that Content or activity is infringing may be subject to liability for damages, including attorney's fees.
Please contact our Designated Agent at the following information:
Benjamin A. Costa
Perkville, Inc. c/o Ridder, Costa & Johnstone LLP
340 S Lemon Ave #7550
Walnut, CA 91789
Tel: (650) 466-6267
Fax: (650) 466-6182
Requests sent via email will typically be processed most expeditiously.
The Service may contain links to other sites and resources provided by third parties. These links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links, as well as links that allow you to sign into the Service using a third party, such as Facebook.
When you access a third party link through our Service, you may be providing your information to that third party and, the third-party’s policies will control how it will use, store, or disclose, the information you provide. We have no control over the contents of third-party sites or resources, and accept no responsibility for them, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Service, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Perkville reserves the right modify or discontinue our Service and, in the case of unforeseen or extenuating circumstances or those that are outside of our control, may do so without notice. You agree that Perkville shall not be liable to you or any third party for modification or discontinuation of the Service.
Businesses: Unless otherwise provided in a separate written agreement between Business and Perkville, Business may cancel the Services at any time, with or without cause, by emailing firstname.lastname@example.org. Cancellation will not alter your obligation to pay all charges made to your account.
YOU USE THE SERVICE AT YOUR OWN RISK AND ASSUME SOLE RESPONSIBILITY AND LIABILITY FOR RESULTS OBTAINED FROM THE USE OF THE SERVICES AND FOR CONCLUSIONS DRAWN FROM SUCH USE.
PERKVILLE SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES, OR DAMAGE CAUSED BY ERRORS OR OMISSIONS IN ANY INFORMATION PROVIDED TO PERKVILLE BY ANY USER OF THE SERVICES IN CONNECTION WITH THE SERVICES OR ANY ACTIONS TAKEN BY PERKVILLE AT THE DIRECTION OF ANY USER OF THE SERVICES. PERKVILLE SHALL HAVE NO LIABILITY FOR ANY CLAIMS, LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH USER'S, BUSINESS'S OR ANY EMPLOYEE'S USE OF ANY THIRD-PARTY PRODUCTS, SERVICES, SOFTWARE OR WEB SITES THAT ARE ACCESSED VIA LINKS FROM WITHIN THE SERVICES.
PERKVILLE PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE”
BASIS. PERKVILLE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THE USER AGREEMENT, THE IMPLEMENTATION OF THE SERVICES, OR THE SERVICES. PERKVILLE EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTIES OF MERCHANTABILITY, ACCURACY OF ANY INFORMATION PROVIDED BY PERKVILLE, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. PERKVILLE FURTHER DISCLAIMS ANY AND ALL WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM PERKVILLE OR ELSEWHERE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. IF YOU ARE DISSATISFIED OR HARMED BY PERKVILLE OR THE SERVICES, YOU MAY CLOSE YOUR PERKVILLE ACCOUNT. PERKVILLE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR REWARD PROGRAMS OF BUSINESSES ON THE SERVICES.
PERKVILLE FURTHER EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SERVICES WILL BE ERROR FREE OR UNINTERRUPTED OR THAT ALL ERRORS WILL BE CORRECTED. THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO A VARIETY OF EVENTS, INCLUDING BUT NOT LIMITED TO, MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. PERKVILLE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, PERKVILLE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF WARRANTIES OR EXCLUSION OF DAMAGES. SUCH DISCLAIMERS AND EXCLUSIONS MAY NOT APPLY TO YOU. THIS IS ESPECIALLY THE CASE IF YOU ARE A CONSUMER.
WE DON’T LIMIT OR EXCLUDE OUR LIABILITY WHERE THAT WOULD BE ILLEGAL. FOR EXAMPLE, SOME JURISDICTIONS DO NOT ALLOW CERTAIN TYPES OF LIMITATIONS OF LIABILITY. IN SOME CASES, THESE LIMITATIONS OR EXCLUSIONS OF LIABILITY MAY NOT APPLY TO YOU. THIS IS ESPECIALLY THE CASE IF YOU ARE A CONSUMER. WE ALSO DO NOT EXCLUDE OR LIMIT OUR LIABILITY FOR FRAUDULENT MISREPRESENTATION, INTENTIONAL OR KNOWING VIOLATION OF THE USER AGREEMENT, OR APPLICABLE LAW, OR FOR DEATH OR PERSONAL INJURY RESULTING FROM OUR NEGLIGENCE OR THE NEGLIGENCE OF OUR AGENTS OR EMPLOYEES.
IN JURISDICTIONS WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, WE (AND ANY OF OUR AFFILIATED COMPANIES, EMPLOYEES, AGENTS, SHAREHOLDERS, AND DIRECTORS) ARE NOT LIABLE TO YOU OR ANY THIRD PERSON FOR:
ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES
ANY LOSS OF USE, PROFIT, BUSINESS, REVENUE, OR DATA.
THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF (1) LEGAL THEORY; (2) WHETHER OR NOT THE CLAIM ARISES FROM THE USER AGREEMENT, YOUR USE OF THE SERVICE, OR ANY OF THE CONTENT OR OTHER MATERIALS LOCATED ON, ACCESSED THROUGH OR DOWNLOADED FROM THE SERVICE; (3) WHETHER OR NOT WE KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, OR, (4) WHETHER OR NOT THE LIMITED REMEDIES PROVIDED IN THIS SECTION FAIL OF THEIR ESSENTIAL PURPOSE.
EXCEPT FOR THE TYPES OF LIABILITY THAT WE CANNOT LIMIT BY LAW (WHICH ARE DESCRIBED IN THIS SECTION) WE LIMIT OUR LIABILITY TO YOU AND/OR TO ANY THIRD PARTY TO : (A) IN THE CASE OF AN INDIVIDUAL USER (NOT A BUSINESS USER), US $100, AND, (B) IN THE CASE OF A BUSINESS, FIVE (5) TIMES THE MOST RECENT MONTHLY FEE THAT THE BUSINESS PAID FOR THE SERVICE, IF ANY, OR US $100, WHICHEVER IS GREATER.
FOR PURPOSES OF THIS SECTION “WE” INCLUDES PERKVILLE’S AFFILIATED COMPANIES, EMPLOYEES, AGENTS, SHAREHOLDERS, DIRECTORS, AND REPRESENTATIVES.
We want to try to sort out any disagreements without a formal legal proceeding or case.
If a dispute arises between You and Perkville, you agree to first contact us by emailing email@example.com, before filing a claim. We’ll also try to resolve disputes informally by contacting you at the email address you provided. If we are unable to resolve the dispute, informally, within fourteen (14) days of that email, You or Perkville may bring a formal proceeding.
Judicial Forum for Disputes: You and Perkville agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California, USA, subject to the mandatory, individual arbitration provisions, below. Both you and Perkville consent to venue and personal jurisdiction in such courts. This paragraph does not apply in jurisdictions that give consumers the right to bring claims in local courts.
Procedures for Arbitration: The Arbitration will be administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. It will be held in your home county, San Francisco, CA, or another location that we agree to.
Arbitration Costs and Incentives: AAA rules will control all arbitration fees and incentives. We will pay arbitration fees for individual arbitration claims that are under $20,000 and will not seek our attorney’s fees or costs in arbitration unless the arbitrator decides that your claim is frivolous. If you receive an arbitration reward that is more favorable than the highest offer we made to resolve the claim, we will pay you $500 in addition to that award.
Exceptions to the Agreement to Arbitrate: These Mandatory Individual Arbitration Provisions do not apply to: (1) qualifying claims brought in small-claims court; and (2) a lawsuit for injunctive relief to stop unauthorized use of the Services or infringement on Intellectual Property Rights. If the agreement to arbitrate is found not to apply, you agree to the exclusive jurisdiction of the state or federal courts in San Francisco, California.
You May Opt-Out of the Agreement to Arbitrate: If you do not want to agree to these Mandatory Individual Arbitration Provisions, you can opt-out by sending an email to contact@Perkville.com, telling us your name, the email address associated with your account, and that you want to opt-out of the mandatory individual arbitration agreement. In order for your opt-out to be effective, you must email us within thirty (30) days of signing up for the an account with us or acknowledging that you have been notified of these Terms, whichever comes later.
NO CLASS ACTIONS: You agree that you will only resolve disputes with us on an individual basis. You understand that accepting and agreeing to these Terms you, you and Perkville are each waiving the right to trial by jury or to participate in a class action or class arbitration of claims relating to or arising out of this Agreement or the Services. You are not allowed to bring, or participate, in class actions, consolidated actions, representative actions, class arbitrations, private attorney general actions against Perkville. The arbitrator does not have the power to modify this provision.
In addition to the terms set forth in the User Agreement, the following terms are applicable to each Business that uses the Services.
You will only use the Services if you are representing a legitimate and real business.
You (including your Employees) will only use the Services to communicate with Clients that have knowingly and voluntarily given you their Contact Information; provided, however, that a Business may contact third parties whereby the Contact Information of such third party was provided to the Business by a Client.
You will notify your Clients of the collection and use of their Contact Information.
Unless otherwise provided in a written agreement between Business and Perkville, the following terms apply for Services offered on a subscription basis. Business will be subject to the monthly subscription fees in accordance with the fee schedule shown on our website or provided to you in writing.
In the event of a conflict between the fee schedule shown on our website or provided to you in writing by us (such as an order form), the writing provided by us to you shall control. The price for the Services excludes all taxes and phone charges, unless stated otherwise. Business is responsible for any taxes that Business is obligated to pay or that we may collect from Business. Business is responsible for all other charges.
We may change the price of the Services from time to time, but we will tell you before we do.
Additional Terms for Business Users: Payment
The following terms apply for all payments to Perkville unless we notify you otherwise in writing:
You will be responsible for payment even if you are not actively using the Services.
Payments will be billed to you in U.S. dollars.
Your account will be debited or invoiced at the appropriate time.
If paying with a credit or debit card, you must pay with a valid credit or debit card acceptable to Perkville unless notified by Perkville in writing that a different payment method is acceptable.
If paying by invoice, terms are NET 30 days from date of invoice subject. Payments that are delinquent 30 days or more from date of invoice are subject to interest charges at 1.5%% per month but not exceeding the maximum lawful rate.
If paying with Automated Clearing House (ACH), you must pay with a valid account acceptable to Perkville unless notified by Perkville in writing that a different payment method is acceptable.
We may suspend or terminate your account and refuse you any use or access of the Services if your payment and/or registration information is not accurate, current or complete.
Questions about billing should be addressed to firstname.lastname@example.org.
All amounts and fees stated or referred to in this User Agreement and any other agreement between Business and Perkville are exclusive of taxes, duties, levies, tariffs, and other governmental charges (including, without limitation, VAT) (collectively, “Taxes”). Business shall be responsible for payment of all Taxes and any related interest and/or penalties resulting from any payments made hereunder, other than any taxes based on Perkville's net income.
As a condition to Perkville's obligations hereunder, Business shall at all times: (a) provide Perkville with good faith cooperation and access to such information, facilities, and equipment as may be reasonably required by Perkville in order to provide the Services, including, but not limited to, providing data, security access, information, and software interfaces to Business's business applications; (b) provide such personnel assistance as may be reasonably requested by Perkville from time to time; and (c) carry out in a timely manner all other Business responsibilities set forth herein and in any other written agreement between Business and Perkville.
Business shall comply with the reasonable requests of Perkville to support public relations efforts pertaining to the Services, which efforts may include: (a) a press release highlighting Business's purchase or use of the Services (including any return on investment attained through the Services); (b) participation in targeted press and analyst interviews highlighting benefits of implementing the Services; and (c) participation in customer case studies developed by Perkville and used on the Perkville web site and other collateral. Business grants to Perkville a non-exclusive, non-transferable (except in the case of the acquisition of Perkville or a sale of all or substantially all of Perkville's assets), limited right to use the Business name, trademarks, and logos (collectively, the "Business Marks") in the production of marketing materials, provided that such use is in accordance with Business's trademark and logo use guidelines that Business may provide to Perkville. Perkville will use its commercially reasonable efforts to cooperate with Business in monitoring use of the Business Marks. All goodwill developed from such use shall be solely for the benefit of Business.
Business acknowledges and agrees that Business's and its Employees' use of the Services is dependent upon access to telecommunications and Internet services. Business shall be solely responsible for acquiring and maintaining all telecommunications and Internet services and other hardware and software required to access and use the Services, including, without limitation, any and all costs, fees, expenses, and taxes of any kind related to the foregoing. Perkville shall not be responsible for any loss or corruption of data, lost communications, or any other loss or damage of any kind arising from any such telecommunications and Internet services.
The following terms apply to Businesses contacting Client, including individuals referred to the Business through the Service. The Business represents, warrants, and covenants to Perkville that:
It will not sell any contact information received or generated from the Service.
It will contact Clients solely regarding their interest in signing up to use the Business.
It will contact referred Clients no more than twice and then will delete the contact information if the referred Client is not interested in signing up to use the Business.
It will comply with all applicable law when contacting Clients, including the Telemarketing Consumer Fraud and Abuse Prevention Act, Telemarketing Sales Rule, Telephone Consumer Protection Act, and National Do Not Call Registry (the “Telemarketing Laws”).
It will train its Employees to comply with the Telemarketing Laws.
It will, before calling a Client, create and maintain an internal do not call list.
It will check each phone number of a Client against the national and applicable state Do Not Call lists and Business’s internal Do Not Call list, prior to calling such Client.
It will add Clients to its Do Not Call list when requested by the Client.
It will keep Clients on the Do Not Call list for 5 years.
You will permit Perkville to conduct periodic audits of Business’ telemarketing practices to ensure compliance with the User Agreement and applicable Telemarketing laws.
You will indemnify, defend, and hold harmless Perkville (and its officers, directors, agents, subsidiaries, joint ventures and employees) from and against all losses, damages, claims, penalties, fines, costs, and expenses (including reasonable attorneys’ and legal fees), whether or not asserted by a third party, arising out of, relating to or in connection with (a) any breach or alleged breach by the Business (or its Employees) of this section of the Terms (titled “Telemarketing – Applicable to the Business), and (b) making any phone calls to any of the Clients.
Business and Perkville may have access to each other's Confidential Information. Perkville’s Confidential Information includes, without limitation, the Services and any Software (whether in source or executable code), documentation, nonpublic financial information, pricing, business plans, techniques, methods, processes, and the results of any performance tests of the Services or the Software. The terms and conditions of any written agreement between Business and Perkville shall be deemed the Confidential Information of both parties and neither party shall disclose such information except to such party's advisors, accountants, attorneys, investors (and prospective investors), and prospective acquirers as have a reasonable need to know such information, provided that any such third parties shall, before they may access such information, either (a) execute a binding agreement to keep such information confidential or (b) be subject to a professional obligation to maintain the confidentiality of such information.
Exclusions: Confidential Information shall not include information that: (a) is or becomes publicly known through no act or omission of the receiving party; (b) was in the receiving party's lawful possession prior to the disclosure; (c) is rightfully disclosed to the receiving party by a third party without restriction on disclosure; or, (d) is independently developed by the receiving party, which independent development can be shown by written evidence.
Use and Nondisclosure: During the period of time that Business uses the Services and for a period of five (5) years thereafter or termination of any written agreement between Business and Perkville, whichever is later, neither party shall make the other's Confidential Information available to any third party or use the other's Confidential Information for any purposes other than exercising its rights and performing its obligations under the User Agreement or any other written agreement between Business and Perkville. Each party shall take all reasonable steps to ensure that the other's Confidential Information is not disclosed or distributed by its employees or agents in violation of the terms of the User Agreement or any other written agreement between Business and Perkville, but in no event will either party use less effort to protect the Confidential Information of the other party than it uses to protect its own Confidential Information of like importance. Each party will ensure that any agents or subcontractors that are permitted to access any of the other's Confidential Information are legally bound to comply with the obligations set forth herein. Notwithstanding the foregoing, Confidential Information may be disclosed as required by any governmental agency, provided that before disclosing such information the disclosing party must provide the non-disclosing party with sufficient advance notice of the agency's request for the information to enable the non-disclosing party to exercise any rights it may have to challenge or limit the agency's authority to receive such Confidential Information.
Waiver: If Perkville fails to enforce any portion of this Agreement, that is not a waiver of our right to do so. Any waiver of any provision of the User Agreement will be effective only if in writing and signed by an authorized representative of Perkville.
Questions should be addressed to email@example.com or by mail at:
C/O Port Workspaces
344 Thomas L. Berkley Way
Oakland, CA 94612
You can contact us at firstname.lastname@example.org if you suspect any violators of this policy.