Your Acceptance of this Agreement. Your access to and use of www.perkstops.com Website") is subject exclusively to these Terms and Conditions. This is an Agreement between you ("you" or "your") and PerkStop Media, llc, an Oregon limited liability company ("PerkStop Media," "we" or "our") that governs your use of the Website. When you access or use this Website, you are fully accepting the terms, conditions, disclaimers, and warranties contained in this Agreement. If you do not accept these Terms and Conditions, you must immediately stop using the Website.
These Terms and Conditions are divided into the following sections. You should review each section carefully before using this Website. A. Your Use of the Resources Provided on the PerkStop Media Website. B. Limitation on Usage of Our Intellectual Property C. No Endorsements by PerkStop Media D. Website Content Disclaimer E. Website Warranty Disclaimer F. Limitation of Liability G. Your Usage of Third Party Sites or Third Party Products & Services H. Changes to Website I. Indemnification J. Applicable Law and Venue K. Severability L. Entire Agreement M. No Implied Waivers N. Headings
Your Use of the Resources Provided on the PerkStop Media Website. This Website provides access to information, content, and/or or advertisements (collectively referred to as the "Resources" from here on in) on the Website.
• that any such usage will be for your personal and non-commercial use only;
• that you are not being granted a license under any copyright, trademark, patent or other intellectual property right in the Resources or the products, services, processes or technology described therein when you use this Website. All such rights are retained by PerkStop Media and/or any third party owner of such rights, whichever the case may be;
• that you will view, use, copy, and distribute the Resources found on the Website for internal, non-commercial, informational purposes only;
• that you will not use the Website to compile a collection of listings, including a competing listing product or service; and
• that you will not use the Website or any Resources provided on the Website for any unsolicited commercial e-mail. B.
Limitation on Use of Our Intellectual Property. This Website contains intellectual property in the form of name and logos and related products and service names, design marks and slogans, trademarks, service marks, and website written content either belonging to PerkStop Media, llc or its licensors. All other trademarks and service marks which appear on this Website are the property of their respective owners.
Any and all copies that you make of the Resources on this Website must bear any copyright, trademark or service mark, or other proprietary notice located on the site that pertains to the Resource being copied.
You are not authorized to use any PerkStop Media name or mark in any advertising, publicity or in any other commercial manner without the prior written authorization of PerkStop Media, llc. Requests for authorization should be made to firstname.lastname@example.org
C. No Endorsements by PerkStop Media.
This Website is provided on an "AS IS" and "AS AVAILABLE BASIS." We do not investigate, represent, or endorse the accuracy, legality, legitimacy, validity, safety, efficacy, or reliability of any products, services, deals, coupons or other promotions ("Promotions" or "Bargains" or "Deals") or Resources, including advice, ratings, and recommendations contained on, distributed through, or linked, downloaded or accessed from the Website.
References that the Website makes to any names, marks, products or services of third parties or hypertext links to third party sites or information do not in any way constitute or imply our endorsement, sponsorship or recommendation of the third party, of the quality of any product or service, advice, information or other Resources ("Products or Services") displayed, purchased, obtained, or used by you as a result of an advertisement or any other information or offer in or in
D. Website Content Disclaimer: The Website communicates information on Products and Services provided to PerkStop Media and created by others ("third parties"), namely advertisers, content partners, business owners; affiliates; software developers, publishers, marketing agents, employees, users, and/or resellers. As such, PerkStop Media has no control over the accuracy of such information on the Website pages, and Resources on the Website may include technical inaccuracies or typographical errors and/or be out-of-date.
This Website is provided on an "AS IS" and "AS AVAILABLE BASIS. We make no guarantees, nor can we be responsible for any such information, including its currency, content, quality, copyright compliance or legality, or any resulting loss or damage.
All of the data on Products, Services, and Promotions, including but not limited to, the prices and the availability of any product or service or any feature thereof, is subject to change without notice by the third party providing the Product or Promotion. PerkStop Media cannot guarantee that any particular product or promotion appearing on the Website will be available to you.
PerkStop Media reserves the right, in its sole discretion and without any obligation, to make improvements to, or correct any error or omissions in, any portion of the Website. Where appropriate, we will attempt to update information listed on the Website on a timely basis, but shall not be liable for any inaccuracies.
The PerkStop Media Website provides links to external third party websites accessed through the Internet within the Resources on the Website as a convenience to you. The listing of an external site on our Website does not in any way imply endorsement of any website you may reach via a link provided on our Website. PerkStop Media does not make any representations regarding the availability and performance of its own Website or any of the websites to which we provide links. PerkStop Media is not responsible for the content, functionality, or technological safety of these external sites. You use the links provided in our Website at your sole risk.
We reserve the right to disable links to or from third-party sites to our Website, although we are under no obligation to do so.
E. Website Warranty Disclaimer: 1. The PerkStop Media Website. The Website's Resources are provided "AS IS" and "AS AVAILABLE" without warranty of any kind, either express or implied or statutory, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. PerkStop Media disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the site and materials. PerkStop Media makes no warranty that the functionality of the Website will be uninterrupted or error- free, that defects will be corrected, or that the Website or server that makes it available are free of viruses or anything else which may be harmful or destructive. PerkStop Media does not warrant that any defects or errors will be corrected; or that the content is free of viruses or other harmful components. The user of this Website assumes all responsibility and risk for the use of this Website and the Internet generally.
2. Third Party Websites. The PerkStop Media Website may include links to third party websites that are controlled and maintained by others. PerkStop Media disclaims, to the fullest extent permitted under law, any warranties regarding the security, reliability, timeliness, accuracy and performance of the site and materials of such third party websites. PerkStop Media, llc makes no warranty that the functionality of the third party websites website will be uninterrupted or error free, that defects will be corrected by the third party owner, or that the website or server that makes the third party website available are free of viruses or anything else which may be harmful or destructive. PerkStop Media does not warrant that any defects or errors in the third party website will be corrected by the third party or that the content of the third party website is free of viruses or other harmful components. The user of our Website and any and all third party websites accessed from our Website assumes all responsibility and risk for the use of websites in general and the Internet generally.
PerkStop Media further disclaims any and all warranties to the fullest extent of the law, including any warranties for any information, goods, or services, obtained through, advertised, or received through any links provided by or through the PerkStop Media
F. Limitation of Liability. In no event shall PerkStop Media be liable to any user on account of such user's use, misuse or reliance on the Website for any damages whatsoever, including direct, special, punitive, indirect, consequential or incidental damages or damages for loss of profits, revenue, use, or data whether brought in warranty, contract, intellectual property infringement, tort (including negligence) or other theory, even if PerkStop Media was aware of or have been advised of the possibility of such damage, arising out of or connected with the use (or inability to use) or performance of the site, the Resource or the Internet generally, or the use (or inability to use), reliance upon or performance of any material contained in or accessed from any site.
Nor shall PerkStop Media have any legal liability whatsoever in tort, contract, or otherwise, for complaints allegedly involving the accuracy, safety, efficacy, completeness, use, or usefulness of any information, apparatus, product, process, or service disclosed on the site or other Resources accessible from the Website.
G. Your Usage of Third Party Sites or Third Party Products & Services: Your correspondence or business dealings with, or participation in the sales and/or promotions by third party advertisers, sellers of goods, and/or service providers found on or through the Website, including payment and delivery of related goods or services, and any other terms, conditions, and warranties or representations associated with such dealings, are solely between you and such advertisers or service providers. You assume any and all risks arising out of and/or or resulting from your transaction of any and all business between you and a third party resulting from your usage of the Website and you agree that PerkStop Media is: a) not responsible or liable for any loss or result of the presence of information about or links to such advertisers or service providers on the Website; b) nor any personal injuries sustained by you in the course of doing business with said third parties.
Nor shall PerkStop Media have any legal liability whatsoever in tort, contract, or otherwise, for complaints allegedly involving the accuracy, safety, efficacy, completeness, use, or usefulness of any information, apparatus, product, process, or service disclosed on the Website or other Resources accessible from the Website, namely third party websites.
H. Changes to Website. Changes may be periodically incorporated into this Website without notice at our sole discretion and at any time. Your continued use of the Website following any changes shall be deemed to constitute your acceptance of such change. We do, however, suggest that you always review the effective date of the Terms and Conditions whenever you access the Website to verify that you have reviewed the version of the Terms and Conditions then in effect. These changes include but are not limited to the following:
1. Change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that PerkStop Media shall not be liable to you for any such change or removal;
2. Change, remove/disable,or discontinue any software, third party website link, service, product, or promotion as advertised on the Website at any time without notice and you confirm that PerkStop Media shall not be liable for any change or removal;
3. Modify, reject, add, improve, or remove any material residing on or transmitted to its Website that we in our sole discretion, believe is unacceptable or in violation of the law or these Terms and Conditions; and/or
4. Delete/remove any materials at the request of the user who submitted the materials or at the request of an advertiser who has decided to "opt-out" of the addition of materials to its advertising, including, but not limited to ratings and reviews provided by third parties.
I. Indemnification: By using our Website, you agree to indemnify and hold us and, as applicable, our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from and against all legal claims and demands, including any and all associated legal fees, damages, losses, costs, and brought against PerkStop Media by any third party due to or arising out of your breach of these Terms and Conditions, your violation of any law, or your violation of the rights of a third party, including the infringement by you of any intellectual property or other right belonging to any person or entity.
J. Applicable Law and Venue. These Terms and Conditions will be governed by and construed in accordance with the laws of the State of Oregon, without giving effect to its conflict of laws provisions or your actual state or country of residence, and you agree to submit to personal jurisdiction in Deschutes County, Oregon.
K. Severability. In the event that any provision of this Agreement is declared by any judicial or competent authority to be void, voidable, illegal, or otherwise unenforceable, the remainder of the Terms and Conditions will continue in full force and effect.
L. Entire Agreement. These Terms and Conditions constitute the entire agreement between us and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding the subject matter of these Terms. However, we reserve the right to amend or modify these Terms and Conditions at any time (see provision H).
M. No Implied Waivers. No failure to exercise and no delay in exercising any right or remedy hereunder by us shall operate as a waiver thereof. No waiver or consent hereunder shall be applicable to any events, acts, or circumstances except those specifically covered under the terms of this Agreement.
N. Headings. Headings are included in this Agreement for convenience only and shall not affect the construction or interpretation of this Agreement.