Terms and Conditions
Terms and Conditions
Last Revised July 4th, 2020
Effective as of June 6, 2020.
REGISTRATION; RULES FOR USER CONDUCT AND USE OF THE SERVICE
You need to be at least 16 years old to register for and use the Service.
If you are a user who signs up for the Service, the company will create a personalized account, which includes a unique username and a password to access the Service and allow you to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following Use Restrictions and Conduct Restrictions: You agree that you will not under any circumstances:
- post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- use the service for any unlawful purpose or for the promotion of illegal activities;
- attempt to, or harass, abuse or harm another person or group;
- use another user’s account without permission;
- provide false or inaccurate information when registering an account;
- interfere or attempt to interfere with the proper functioning of the Service;
- make any automated use of the system, 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;
- bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data; or
- publish or link to malicious content intended to damage or disrupt another user’s browser or computer.
POSTING AND CONDUCT RESTRICTIONS.
When you create your own personalized account, you may be able to provide (“User Content”). You are solely responsible for the User Content that you post, upload, link to or otherwise make available via the Service. You agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. The Company, however, reserves the right to remove any User Content from the Service at its discretion.
The following rules pertain to User Content. By transmitting and submitting any User Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, false or inaccurate;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, etc., unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby affirm we have the right to determine whether any of your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Content that you make available or access through your use of the Service is solely your responsibility. The Company is not responsible for any public display or misuse of your User Content. The Company does not, and cannot, pre-screen or monitor all User Content. However, at our discretion, we, or the technology we employ, may monitor and/or record your interactions with the Service.
ONLINE CONTENT DISCLAIMER
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Company, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. The Company does not guarantee the accuracy, completeness, or usefulness of any information on the Service and neither does the Company adopt nor endorse, nor is the Company responsible for the accuracy or reliability of any opinion, advice, or statement made by parties other than the Company. The Company takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. Under no circumstances will the Company be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
LINKS TO OTHER SITES AND/OR MATERIALS
As part of the Service, the Company may provide you with convenient links to third party web site(s) (“Third Party Sites”) as well as content or items belonging to or originating from third parties (the”Third Party Applications, Software or Content”). These links are provided as a courtesy to Service subscribers. The Company has no control over Third Party Sites and Third Party Applications, Software or Content or the promotions, materials, information, goods or services available on these Third Party Sites or Third Party Applications, Software or Content. Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by the Company, and the Company is not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by the Company. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
COPYRIGHT COMPLAINTS AND COPYRIGHT AGENT
(a) Termination of Repeat Infringe Accounts. The Company respects the intellectual property rights of others and requests that the users do the same. The Company has adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers The Company may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant by sending the following information in writing to the Company’s designated copyright agent at PerkZilla:
- The date of your notification;
- A Physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are recovered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the laws of Massachusetts and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Company copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in the Company’s discretion) be reinstated on the Site in 10 to 14 business days or more after receipt of the counter-notice.
By posting any User Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sub licensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, if applicable, in whole or impart, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
You acknowledge and agree that we and our licensors retain ownership of all intellectual property rights of any kind related to the Service, including applicable copyrights, trademarks and other proprietary rights. Other product and business names that are mentioned on the Service may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you under this Agreement.
EMAIL MAY NOT BE USED TO PROVIDE NOTICE
Communications made through the Service’s e-mail and messaging system, will not constitute legal notice to the Company or any of its officers, employees, agents or representatives in any situation where notice to the Company is required by contract or any law or regulation.
USER CONSENT TO RECEIVE COMMUNICATIONS IN ELECTRONIC FORM
We may also use your email address, to send you other messages, including information about the Company and special offers. You may opt out of such email by changing your account settings or sending an email to PerkZilla.
Opting out may prevent you from receiving messages regarding the Company or Special Offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE COMPANY 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES; RELEASE
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, 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, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH THE COMPANY OR ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY 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. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed consistent with applicable law. The remaining portions will remain in full force and effect. Any failure on the part of the Company to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within ONE year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
Terms of Service
Last Updated: June 6, 2020
The Terms and Conditions (“Terms”) describe how PerkZilla in Massachusetts (“Company,” “we,” and “our”) regulates your use of this website https://PerkZilla.com (the “Website”). Please read the following information carefully to understand our practices regarding your use of the website. The Company may change the Terms at any time. The Company may inform you of the changes to the Terms using the available means of communication. The Company recommends you to check the website frequently to see the actual version of the Terms and their previous versions.
If you represent a legal entity, you certify that you entitled by such a legal entity to conclude the Terms as the legal entity you represent.
When using the website, you shall be responsible for ensuring the confidentiality of your account, password and other credentials and for secure access to your device. You shall not assign your account to anyone. The Company is not responsible for unauthorized access to your account that results from misappropriation or theft of your account. The Company may refuse or cancel service, terminate your account, and remove or edit content.
The Company does not knowingly collect personal data from persons under the age of 16 (sixteen). If you are under 16 (sixteen) years old, you may not use the website and may not enter into the Terms under any circumstances.
The website allows you to use Services available on the website. You shall not use the services for the illegal aims.
We may, at our sole discretion, set fees for using the website for you. All prices are published separately on relevant pages on the website. We may, at our sole discretion, at any time change any fees.
We may use certified payment systems, which also may have their commissions. Such commissions may be implied on you when you choose a particular payment system. Detailed information about commissions of such payment systems may be found on their websites.
Third Party Services
The website may include links to other websites, applications, and platforms (hereinafter the “Linked Sites“).
The Company does not control the Linked Sites, and shall not be responsible for the content and other materials of the Linked Sites. The Company makes these links available to you for providing the functionality or services on the website.
Prohibited Uses and Intellectual Property
The Company grants you a non-transferable, non-exclusive, revocable license to access and use the website from one device in accordance with the Terms. You shall not use the website for unlawful or prohibited purpose. You may not use the website in a way that may disable, damage, or interfere in the website.
All content present on the website includes text, code, graphics, logos, images, compilation, software used on the website (hereinafter and hereinbefore the “Content“). The Content is the property of the Company or its contractors and protected by intellectual property laws that protect such rights. You agree to use all copyright and other proprietary notices or restrictions contained in the Content and you are prohibited from changing the Content.
You may not publish, transmit, modify, reverse engineer, participate in the transfer, or create and sell derivative works, or in any way use any of the Content. Your enjoyment of the website shall not entitle you to make any illegal and disallowed use of the Content, and in particular you shall not change proprietary rights or notices in the Content. You shall use the Content only for your personal and non-commercial use. The Company does not grant you any licenses to the intellectual property of the Company.
The Company Materials
By posting, uploading, inputting, providing or submitting your Content you are granting the Company to use your Content in connection with the operation of Company’s business including, but not limited to, the rights to transmit, publicly display, distribute, publicly perform, copy, reproduce, and translate your Content; and to publish your name in connection with your Content.
No compensation shall be paid with regard to the use of your Content. The Company shall have no obligation to publish or enjoy any Content you may send us and may remove your Content at any time.
By posting, uploading, inputting, providing or submitting your Content you warrant and represent that you own all of the rights to your Content.
Disclaimer of Certain Liabilities
The information available via the website may include typographical errors or inaccuracies. The Company shall not be liable for these inaccuracies and errors.
The Company makes no representations about the availability, accuracy, reliability, suitability, and timeliness of the Content contained on and services available on the website. To the maximum extent allowed by the applicable law, all such Content and services are provided on the “as is” basis. The Company disclaims all warranties and conditions regarding this Content and services, including warranties and provisions of merchantability, fitness for a certain purpose.
To the maximum extent permitted by the applicable law, in no event shall the Company be liable for any direct, indirect, incidental, consequential, special, punitive damages including, but not limited to, damages for loss of enjoyment, data or profits, in the connection with the enjoyment or execution of the website in the context of the inability or delay to enjoy the website or its services, or for any Content of the website, or otherwise arising out of the enjoyment of the website, based on contract and non-contract liability or other reason.
If the exclusion or limitation of liability for damages, whether consequential or incidental, are prohibited in a particular case, the exclusion or limitation of liability shall not apply to you.
You agree to indemnify, defend and hold harmless the Company, its managers, directors, employees, agents, and third parties, for any costs, losses, expenses (including attorneys’ fees), liabilities regarding or arising out of your enjoyment of or inability to enjoy the website or its services and Company’s services and products, your violation of the Terms or your violation of any rights of third parties, or your violation of the applicable law. The Company may assume the exclusive defense and you shall cooperate with the Company in asserting any available defenses.
Termination and Access Restriction
The Company may terminate your access and account to the website and its related services or any part at any time, without notice, in case of your violation of the Terms.
The governing law of the Terms shall be the substantive laws of the country where the Company is set up, except the conflict of laws rules. You shall not use the website in jurisdictions that do not give effect to all provisions of the Terms.
No joint venture, partnership, employment, or agency relationship shall be implied between you and the Company as a result of the Terms or use of the website.
Nothing in the Terms shall be a derogation of the Company’s right to comply with governmental, court, police, and law enforcement requests or requirements regarding your enjoyment of the website.
If any part of the Terms is determined to be void or unenforceable in accordance with applicable law then the void or unenforceable clauses will be deemed superseded by valid and enforceable clauses shall be similar to the original version of the Terms and other parts and sections of the Terms shall be applicable to you and the Company.
The Terms constitute the entire agreement between you and the Company regarding the enjoyment of the website and the Terms supersede all prior or communications and offers, whether electronic, oral or written, between you and the Company.
The Company and its affiliates shall not be liable for a failure or delay to fulfill its obligations where the failure or delay results from any cause beyond Company’s reasonable control, including technical failures, natural disasters, blockages, embargoes, riots, acts, regulation, legislation, or orders of government, terroristic acts, war, or any other force outside of Company’s control.
In case of controversies, demands, claims, disputes, or causes of action between the Company and you relating to the website or other related issues, or the Terms, you and the Company agree to attempt to resolve such controversies, demands, claims, disputes, or causes of action by good faith negotiation, and in case of failure of such negotiation, exclusively through the courts of the country where the Company is set up.
We are committed to resolve any complaints about our collection or use of your personal data. If you would like to make a complaint regarding this Terms or our practices in relation to your personal data, please contact us through our website. We will reply to your complaint as soon as we can and in any event, within 30 days. We hope to resolve any complaint brought to our attention, however if you feel that your complaint has not been adequately resolved, you reserve the right to contact your local data protection supervisory authority.
We welcome your comments or questions about our Terms. You may contact us through the contact information available on our website or within the application.
End User License Agreement
The Products negotiated through the Service are licensed, not sold, to You for use only under the regards to this license, unless an Item is accompanied by a separate license arrangement, where case the terms of that different license arrangement will regulate, subject to Your previous approval of that different license arrangement. The licensor (“PerkZilla”) reserves all rights not specifically given to You. The Product that is subject to this license is referred to in this license as the “Licensed Application.”.
This license does not permit You to utilize the Authorized Application on anydevice that You do not own or control, and You may not distribute or make the Accredited Application readily available over a network where it might be utilized by numerous gadgets at the same time. You could not copy (except as expressly allowed by this license and the Usage Rules), decompile, reverse engineer, disassemble, attempt to acquire the source code of, customize, or create derivative works of the Certified Application, any updates, or any part thereof (other than as and just to the extent any foregoing constraint is restricted by appropriate law or to the level as could be permitted by the licensing terms governing use of any open sourced elements consisted of with the Authorized Application). The terms of the license will govern any upgrades offered by PerkZilla that replace and/or supplement the original Item, unless such upgrade is accompanied by a separate license in which case the terms of that license will govern.
Permission to Utilize of Data
You agree that PerkZilla could gather and use technical information and related details, including but not limited to technical details about Your device, system and application software, and peripherals, that is collected occasionally to assist in the arrangement of software updates, product support and other services to You (if any) connected to the Authorized Application. PerkZilla could utilize this details, as long as it is in a kind that does not personally assess You, to improve its products or to provide services or innovations to You.
Your rights under this license will terminate instantly without notification from PerkZilla if You fail to comply with any term(s) of this license. Upon termination of the license, You will stop all use of the Certified Application, and ruin all copies, full or partial, of the Authorized Application.
Services and 3rd party Materials
The Certified Application might enable access to PerkZilla’s and 3rd party services and website (jointly and individually, “Solutions”). Use of the Solutions may need Net access which You accept added terms of service.
You understand that by utilizing any of the Solutions, You may experience material that might be considered offensive, indecent, or objectionable, which material may or might not be assessed as having explicit language, which the results of any search or entering of a certain URL might automatically and accidentally generate links or references to objectionable product. Nevertheless, You accept utilize the Services at Your sole danger which PerkZilla will not have any liability to You for content that might be discovered to be offending, indecent, or objectionable.
Certain Solutions might show, consist of or provide material, data, details, applications or materials from 3rd parties (“3rd party Materials”) or offer connected to specific 3rd party internet websites. By utilizing the Services, You acknowledge and agree that the PerkZilla is not responsible for analyzing or assessing the content, precision, completeness, timeliness, validity, copyright compliance, legality, decency, quality or other facet of such 3rd party Materials or web sites. PerkZilla does not require or support and does not presume and will certainly not have any liability or obligation to You or any other individual for any third-party Services, Third party Materials or web websites, or for any other products, items, or services of 3rd parties. 3rd party Materials and connected to other internet site are provided only as a convenience to You. Financial information shown by any Services is for basic informative purposes just and is not intended to be depended upon as investment guidance. Before executing any securities deal based upon information acquired with the Solutions, You should speak with a monetary expert. Location information provided by any Services is for fundamental navigational purposes only and is not planned to be depended upon in scenarios where precise place info is needed or where incorrect, unreliable or insufficient location information may result in fatality, personal injury, home or ecological damage. Neither the PerkZilla, nor any of its content providers, ensures the accessibility, accuracy, completeness, reliability, or timeliness of stock details or area data displayed by any Services.
You agree that any Solutions containing exclusive material, information and product that is protected by applicable intellectual property and other laws, consisting of but not limited to copyright, and that You will not make use of such exclusive material, info or materials in any method whatsoever except for allowed use of the Services. No portion of the Services may be recreated in any kind or by any methods. You concur not to customize, rent, lease, loan, offer, distribute, or create derivative works based on the Services, in any way, and You shall not make use of the Solutions in any unauthorized method whatsoever, consisting of however not restricted to, by trespass or straining network capability. You additionally agree not to make use of the Services in any way to bug, abuse, stalk, threaten, defame or otherwise borrow or break the rights of any other party, and that PerkZilla is not in any means responsible for any such use by You, nor for any harassing, threatening, defamatory, offensive or prohibited messages or transmissions that You could receive as a result of making use of any of the Solutions.
In addition, third party Solutions and 3rd party Materials that might be accessed from, displayed on or connected to from the interface are not offered in all languages or in all countries. The PerkZilla makes no representation that such Solutions and Materials are appropriate or readily available for use in any particular place. Should You decide to access such Services or Materials, You do so at Your very own campaign and are accountable for compliance with any appropriate laws, including but not limited to appropriate regional laws. PerkZilla, and its licensors, reserve the right to alter, suspend, eliminate, or disable access to any Services at any time without notice. In no occasion will PerkZilla be responsible for the removal of or disabling of access to any such Solutions. The PerkZilla might likewise impose limits on using or access to particular Solutions, in any case and without notice or liability.
NO SERVICE WARRANTY
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT USE OF THE CERTIFIED APPLICATION IS AT YOUR SOLE RISK AND THAT THE WHOLE DANGER ABOUT SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORT IS WITH YOU. TO THE MAXIMUM DEGREE PERMITTED BY APPLICABLE LAW, THE LICENSED APPLICATION AND ANY SERVICES PERFORMED OR PROVIDED BY THE CERTIFIED APPLICATION (“SERVICES”) ARE SUPPLIED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT SERVICE WARRANTY OF ANY KIND, AND APPLICATION SUPPLIER HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH RESPECT TO THE ACCREDITED APPLICATION AND ANY SERVICES, EITHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE INDICATED SERVICE WARRANTIES AND/OR CONDITIONS OF MERCHANTABILITY, OF SATISFACTORY QUALITY, OF FITNESS FOR A CERTAIN PURPOSE, OF PRECISION, OF QUIET ENJOYMENT, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PerkZilla DOES NOT WARRANT VERSUS DISTURBANCE WITH YOUR ENJOYMENT OF THE CERTIFIED APPLICATION, THAT THE FUNCTIONS CONTAINED IN, OR SERVICES PERFORMED OR PROVIDED BY, THE AUTHORIZED APPLICATION WILL SATISFY YOUR REQUIREMENTS, THAT THE OPERATION OF THE ACCREDITED APPLICATION OR SERVICES WILL CERTAINLY BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE ACCREDITED APPLICATION OR SERVICES WILL BE CORRECTED. NO ORAL OR WRITTEN INFO OR RECOMMENDATIONS GIVEN BY PerkZilla OR ITS LICENSED AGENT SHALL PRODUCE A GUARANTEE. MUST THE ACCREDITED APPLICATION OR SERVICES VERIFY DEFECTIVE, YOU ASSUME THE WHOLE EXPENSE OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT PUT ON YOU.
Constraint of Liability
TO THE DEGREE NOT PROHIBITED BY LAW, IN NO EVENT SHALL APPLICATION SUPPLIER BE LIABLE FOR PERSONAL INJURY, OR ANY INCIDENTAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT CONSTRAINT, DAMAGES FOR LOSS OF REVENUES, LOSS OF DATA, BUSINESS DISRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING FROM OR RELATED TO YOUR USE OR INABILITY TO USE THE LICENSED APPLICATION, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (AGREEMENT, TORT OR OTHERWISE) AND EVEN IF APPLICATION SUPPLIER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE RESTRICTION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS CONSTRAINT MAY NOT PUT ON YOU. In no occasion will Application Service provider’s complete liability to you for all damages (other than as might be needed by appropriate law in cases including individual injury) exceed the quantity of fifty dollars ($50.00). The bypassing restrictions will use even if the above specified solution fails of its essential function.
The laws of Massachusetts, excluding its problems of law policies, govern this license and your use of the Accredited Application. Your use of the Certified Application might likewise undergo other local, state, nationwide, or international laws.
All files and information contained in this Website or Blog located at https://PerkZilla.com are copyright by PerkZilla, and may not be duplicated, copied, modified or adapted, in any way without our written permission. Our Website or Blog may contain our service marks or trademarks as well as those of our affiliates or other companies, in the form of words, graphics, and logos.
Your use of our Website, Blog or Services does not constitute any right or license for you to use our service marks or trademarks, without the prior written permission of PerkZilla.
Our Content, as found within our Website, Blog and Services, is protected under local and foreign copyrights. The copying, redistribution, use or publication by you of any such Content, is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights to our Content.
Enforcement of copyright
PerkZilla takes the protection of its copyright very seriously.
If PerkZilla discovers that you have used its copyright materials in contravention of the license above, PerkZilla may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of PerkZilla’s copyright materials that contravenes or may contravene the license above, please report this to us immediately.
Copyright © PerkZilla 2020 All Rights Reserved