Effective Date: This User Agreement is effective upon acceptance for those users who accept it through use of Perkville’s service or registration of a Perkville account, and from June 15, 2018 for existing users.
We may revise and update this User Agreement from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Services thereafter (except with respect to Businesses as set forth under “General” below). Your continued use of the Service following the posting of revised User Agreement means that you accept and agree to the changes. You are expected to check this page frequently and each time you access this Service so you are aware of any changes, as they are binding on you.
Perkville will place a cookie on any computer from which you login to Perkville. When you revisit Perkville, this cookie will enable us to 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 on a computer that you use, you agree 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.
Users acknowledge and agree that, to the extent permitted by applicable law:
Perkville enables Businesses to market Offers 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.
Some Offers are provided for a specific User or type of User (e.g., a User that has not purchased from the Business before) as specified in the Offer. Any attempt to claim an Offer that you are ineligible for will void your Offer. This includes attempting to claim an Offer using a false account or someone else's account. The Business will determine whether any claim for an Offer indicates a violation of he Business-Specified Terms or this User Agreement.
The following additional terms apply to all Vouchers obtained through Perkville.
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 in this Agreement. Perkville is protected by trade secret and other intellectual property laws. You are only granted the right to use the Services in accordance with this 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.
In connection with using or accessing the Services you represent, warrant, and covenant to Perkville that:
Without limiting other remedies, we may limit, suspend, or terminate your user account and access to our Services, restrict or prohibit access to, and your activities 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 Services if:
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.
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:
We respect your right to ownership of Content you provide to Perkville. You grant Perkville a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicenseable, 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.
If you believe that any Content on the Service violates your copyright, please contact us at email@example.com. It is the policy of Perkville to terminate the user accounts of repeat infringers.
If the Service contains 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. We have no control over the contents of those 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 markets Offers and acts an as agent in marketing and/or claiming Offers on behalf of Businesses; provided, however, Businesses are the sole issuer of their Offers. As an issuer of their Offers, Businesses hereby agree to the following:
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.
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.
The following terms apply for all payments to Perkville unless we notify you otherwise in writing:
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.
In addition to the terms set forth in this User Agreement, the following terms are applicable to each Business that uses the Services.
Businesses can give points to their Customers through Perkville. By accepting this User Agreement, you agree to the following:
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 Customer, including individuals referred to the Business through the Service.
The Business represents, warrants, and covenants to Perkville that:
By virtue of this User Agreement, Business and Perkville may have access to each other's Confidential Information. "Confidential Information" as used in this 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 this User Agreement as confidential. 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 this 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 this 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 ConfidentialInformation.
You will compensate us in full (and our officers, directors, agents, subsidiaries, joint ventures and employees) for any losses or costs, including reasonable attorneys’ and legal fees, we incur arising out of any breach by you of this User Agreement, your improper use of the Services or your breach of any law or the rights of a third party.
All Users of the Services 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 all information and services on an "as is" and "as available" basis. Perkville makes no representations or warranties of any kind whatsoever, express or implied, in connection with this User Agreement, the implementation of the Services, or the Services. Perkville disclaims any and all implied warranties and representations, 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 this User Agreement. 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 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.
Perkville reserves the right modify or discontinue our Service at any time without notice.
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.
Nothing in this User Agreement shall limit or exclude our liability for fraudulent misrepresentation, death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
Regardless of anything to the contrary in this User Agreement, if we (or any of our affiliated companies, employees, agents, shareholders, or directors) are found to be liable under this User Agreement or in connection with our Service, our liability (and our affiliated companies’, employees’, agents’, shareholders’, or directors’ liability) to you or to any third party is limited 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.
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 or consequential damages (including loss of use, profit, revenue or data) arising from this User Agreement and your use of the Services or any of the Content or other materials located on, accessed through or downloaded from the Service.
The above limitations of liability apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose.
Some jurisdictions do not allow these limitations of liability. Such limitations may not apply to you. This is especially the case if you are a consumer.
Nothing in this User Agreement limits or excludes our liability for fraudulent misrepresentation, intentional or knowing violation of this User Agreement or applicable law, death or personal injury resulting from our negligence or the negligence of our agents or employees, or for any other liability that cannot be limited or excluded by law.
We reserve the right to:
Individual Users (not Businesses) can cancel their account at any time.
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.
If a dispute arises between you and Perkville, we strongly encourage you to first contact us directly to seek a resolution by contacting email@example.com. We will consider reasonable requests to resolve the dispute through alternative dispute resolution procedures, such as mediation or arbitration, as alternatives to litigation. Any claim, dispute or matter arising under or in connection with this User Agreement shall be governed and construed in all respects by the laws of the State of California, USA, without giving effect to California’s conflict of laws provisions, except to the extent local law is mandatory for consumers. You and Perkville both agree to submit to the exclusive jurisdiction of the state and federal courts of the State of California, USA, except to the extent local venue is mandatory for consumers.
If for any reason a court of competent jurisdiction finds any provision or portion of this User Agreement to be unenforceable, the remainder of this User Agreement will continue in full force and effect. This User Agreement constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter (including, but not limited to, any prior versions of this User Agreement); provided, however, that in the case of any Business that may have executed a written agreement with Perkville for the provision of the Services, in the event that terms of this User Agreement and such written agreement are in conflict, the terms of such written agreement shall control. Any waiver of any provision of this User Agreement will be effective only if in writing and signed by an authorized representative of Perkville.
Questions about this User Agreement should be addressed to firstname.lastname@example.org or by mail at:
C/O Port Workspaces
344 Thomas L. Berkley Way
Oakland, CA 94612
You can contact us at email@example.com if you suspect any violators of this policy.