Terms of Use

Our website, www.getperka.com (the “Site”), is intended to provide information about and access to Perka’s products and services, including available Perka applications (“Perka Apps”). It allows you to interact with us and others and provides you the opportunity to contact us directly. While we want you to enjoy the experience of visiting our Site, we also want you to understand the terms to which you agree when visiting the Site. References to “we,” “our,” “us” or “Perka” herein refer to Perka, Inc., a Delaware corporation, and our service providers and designees as deemed appropriate by us.

Description of Service

Perka is an online customer relationship management service that includes loyalty program, messaging, email and other geo-location features, including those made available via the Site and Perka Apps (together referred to as the “Service” or the “Perka Service”).

Compliance with Terms; Product and Service Purchases

By accessing this Site, using Perka Apps, proceeding with the Perka registration process or utilizing any part of the Service, you are agreeing to these Terms of Use, our Privacy Policy and any other legal notices, terms and policies on the Site (together referred to as “Terms”), all of which are expressly incorporated herein by this reference. If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms, in which case the terms “you” or “your” shall refer to such entity.

You agree to use the Service only in accordance with the Terms, whether you are a “Visitor” (which means that you simply browse the Site), a “Member” (which means you have registered with us for the Service), or a “Merchant” (which means you have registered with us for the Service and have also signed a Merchant Subscription Agreement). The term “User” means a “Visitor”, a “Member” or a “Merchant.” Please read and save all of the Terms. If you do not agree with the Terms, do not use this Site, any Perka App, the Service or any of their respective features. If you register to become a Member or a Merchant you may be required to indicate your acceptance to these Terms during the registration process.

Amendment

We may amend or terminate any Terms at any time and such amendment or termination will be effective at the time we post the revised Terms on the Site. Each time you use the Service you should visit and review the then current Terms that apply to your transactions and use of the Service. Your continued use of the Service after we have posted revised Terms signifies your acceptance of such revised Terms. If you are dissatisfied with the Service, its content or any Terms (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Service. The Terms are the entire agreement between you and Perka with respect to your use of the Service.

Sharing

For some features, the Service may allow you to share your private information with other Users and to publish this information on the Internet. You will need to take specific action for this to occur, and the Service will make a reasonable attempt to explain the consequences of your actions. Perka disclaims all liability and responsibility for any consequences (including, but not limited to, unforeseen consequences) of sharing private information, or for you accidentally sharing information that you intended to keep private.

You may have the right to “opt-in” for push notifications from Merchants. If you choose to opt-in, Perka will deliver push notifications to your mobile device from such Merchants. Perka is not responsible for the content of such push notifications.

Eligibility

Use of the Service and its features and registration to be a Member (“Membership”) is void where prohibited. By using the Service and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of the Service and its features does not violate any applicable law or regulation.

Term

The Terms, as we may revise them from time to time, shall remain in full force and effect while you use the Service features or are a Member. You may terminate your Membership at any time, for any reason, by providing written notice to us. We may terminate your Membership at any time, for any or no reason, with or without prior notice or explanation, and without liability. Even after Membership is terminated, the Terms will remain in effect and you will remain bound by them except that your right to use the Service as a Member will terminate.

Passwords

If you register to become a Member, you will be asked to choose a user name (or email address) and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into the Service. You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account so please be vigilant in protecting its confidentiality.

Your Use of the Service

By using the Perka Service, you consent to our using your mobile phone number or email address to send you Service-related notices, including any notices required by law, instead of communication by postal mail. We may also send you other messages via SMS, push notification or email, including changes to features of the Service and special offers.

You have a non-transferable, non-exclusive license to access this Service, to view information contained at this Service and to interact with the Service solely for your own personal use and not for any commercial purpose, unless you have entered into a Merchant Subscription Agreement with us, in which case your use of the Service is also governed by such Merchant Subscription Agreement. You agree not to use the Service for any unlawful purpose and you also agree not to use any content from our Services unless the owner has given permission or it is permitted by law. Tampering with the Service, misrepresenting the identity or age of a user, using buying agents or conducting fraudulent activities on the Service are prohibited.

We disclaim all liability and responsibility for the availability, responsiveness, reliability or security of the Service and reserve the right to suspend, modify, or discontinue the Service at any time without notice. Perka is not responsible for any promotions or loyalty programs made available from Merchants through the Service.

User Content

Generally

We may, but are not obligated to, allow you to upload content for display through the Service. If we allow this feature, please choose carefully the information you post through the Service, provide to other Users and/or otherwise make available to us and through the Service. Do not include any form of prohibited content, as outlined below. Despite this prohibition, information, materials, products or services provided by other Members (for instance, in their profile or displayed on the Service in areas in which users can post content) may, in whole or in part, be unauthorized, impermissible or otherwise violate the Terms, and we assume no responsibility or liability for this material. If you become aware of misuse of the Service or its features by any person, please click on the “Contact Us” link on the Service pages and follow the directions as to how to contact us.

We reserve the right, in our sole discretion, to reject, refuse to post or remove any posting by you, or to deny, restrict, suspend, or terminate your access to all or any part of the Service at any time, for any or no reason, with or without prior notice or explanation, and without liability. We expressly reserve the right to remove your profile and/or deny, restrict, suspend, or terminate your access to all or any part of the Service if we determine, in our sole discretion, that you have violated the Terms, pose a threat to us, our suppliers, our Merchants and/or our Users or for any other purpose we determine in our sole discretion.

Proprietary Rights

Perka does not claim any ownership of any intellectual property rights for content (“Content”) that you post through the Service. You continue to retain any such rights that you may have in your Content, subject to the limited license herein. The Service may contain Content of Users and other licensors. Except as provided within the Terms, you may not copy, modify, translate, publish, broadcast, transmit, distribute, perform, display, or sell any Content appearing on or through the Service.

By displaying, publishing Content on the Service, or otherwise submitting Content to us (collectively, “posting”), you hereby grant to Perka an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through the Service. From time to time, we may remove Content from the Service, permanently or temporarily.

Make sure you have the rights needed to submit or post your Content through our Service. And remember that you are responsible for any fees, royalties or other monies owing by reason of any Content you have posted.

The Service also contains Content provided by Perka, including, without limitation, text, images and logos (“Perka Content”). Perka Content is protected by copyright, trademark, patent, trade secret and other laws, and Perka owns and retains all rights in the Perka Content and the features and functionality of the Service. Perka hereby grants you a limited, revocable, nonsublicensable license to reproduce and display the Perka Content (excluding any software code) solely for your personal use in connection with utilizing the products and services available through the Service.

Content Posted.

You agree to not use the Service to:

  1. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. harm minors in any way;
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
  4. upload, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
  5. upload, post, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials or any other form of solicitation;
  6. upload, post, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
  7. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; or
  8. intentionally or unintentionally violate any applicable local, state, national or international law; and/or collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through g above.

Perka may reject, refuse to post or delete any Content for any or no reason, including, without limitation, Content that in the sole judgment of Perka violates these Terms, including our Privacy Policy. We assume no responsibility for monitoring the Service for inappropriate Content or conduct. If at any time Perka chooses, in its sole discretion, to monitor the Service, we nonetheless assume no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content.

You are solely responsible for your use of the Service, the Content that you post on or through the Service, and any material or information that you transmit to other Members and for your interactions with other Users.

Protection of Intellectual Property Rights.

Perka respects the intellectual property of others, and requires that our Users do the same. You may not upload, embed, post, email, transmit or otherwise make available any material that infringes any copyright, patent, trademark, trade secret or other proprietary rights of any person or entity. We reserve the right to terminate the Membership of anyone we suspect to be an infringer.

If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Perka’s Copyright Agent the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
  2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
  3. a description of where the material that you claim is infringing is located on the Site;
  4. your address, telephone number, and email address;
  5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
  6. a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
  7. Perka’s Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:

    Copyright Agent
    Perka, Inc.
    86 Chambers Street, Suite 704
    New York, NY 10007

Privacy

We understand that your privacy is important. By using the Service, you are consenting to have your data transferred to and processed in the United States. We intend to keep your data private. However, no system is perfect and Perka will not be liable for access to your information on the Service by others. Please review our Privacy Policy which is incorporated by reference.

Disclaimers.

Perka is not responsible for and makes no warranties, express or implied, as to any content on the Service, including, without limitation with respect to the accuracy and reliability of the Perka Content, User Content or other Content posted on the Site or through the Service, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by the Service, or otherwise. The User Content does not necessarily reflect the opinions or policies of Perka. Profiles and third party applications created and posted by Members of the Service may contain links to other websites. Perka is not responsible for the content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by Perka. Inclusion of any linked website in the Service does not imply approval or endorsement of the linked website by Perka. When you access these third party sites, you do so at your own risk. Perka takes no responsibility for third party advertisements or third party applications that are posted on the Site or through the Service, nor does it take any responsibility for the goods or services provided by its advertisers or merchants. Perka is not responsible for the conduct, whether online or offline, of any User of the Service including, without limitation, any Content posted by any User.

Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain of the above limitations or exclusions may not apply to you.

The Site is provided “AS-IS” and “AS-AVAILABLE” and Perka expressly disclaims any warranty of fitness for a particular purpose or non-infringement. Perka cannot guarantee and does not promise any specific results from use of the Site.

Limitations of Our Liability

IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO PERKA IN THE PREVIOUS SIX (6) MONTHS FROM NOTIFICATION.

The Service is controlled from its facilities in the United States. Perka makes no representations that the Service is appropriate or available for use in other locations. Those who access or use the Service from other jurisdictions do so of their own volition and at their own risk and are responsible for compliance with local law.

Indemnification

You agree to indemnify and hold Perka, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, cost, expense, claim, or demand, including without limitation, reasonable attorneys’ fees, due or relating to or arising out of your use of the Service in violation of the Terms and/or arising from a breach of the Terms and/or any breach of your representations and warranties set forth in the Terms and/or arising out of or relating to any Content that you post or third party transaction that you enter or attempt to enter in connection with the Service.

Miscellaneous

The Terms will be construed, and their performance enforced, under the laws of the state of Oregon without reference to choice of law principles. Any dispute relating to the Terms or the Site may be litigated only in a court having jurisdiction and venue in the state of Oregon. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Terms. We may assign the Terms, in whole or in part, to a related entity or to a third party.

EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

The Terms are accepted upon your use of the Service or any of its features and is further affirmed upon you becoming a Member (if applicable). The Terms constitute the entire agreement between you and Perka regarding the use of Service and its features. The failure of Perka to exercise or enforce any right or provision of the Terms shall not operate as a waiver of such right or provision. The section titles in the Terms are for convenience only and have no legal or contractual effect. The Terms operate to the fullest extent permissible by law. If any provision of the Terms is unlawful, void or unenforceable, that provision is deemed severable from the Terms and does not affect the validity and enforceability of any remaining provisions.

Term of Agreement

While we look forward to providing you with excellent service for a long period of time, you may cancel your Perka account at any time with no further obligation to Perka by following the instructions available from the Service, unless otherwise agreed to by you and Perka.

Perka may terminate your account and your use of the Service at any time without notice.