Your use of PerkAlrt’s services, including the services PerkAlrt makes available through this website, including this website (the “Site” or the “PerkAlrt Site”) and any content (“PerkAlrt Content”) made available through this website (collectively the “Services”) is governed by these Terms and Conditions (the “Terms”). Please read these terms carefully before using the Services.
YOU ACKNOWLEDGE AND AGREE THAT BY ACCESSING OR USING THE PERKALRT SITE OR SERVICES, POSTING OR ACCESSING ANY CONTENT ON THE SITE OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES OR PERKALRT CONTENT.
DEFINITIONS
Parties. “You” and ““Your” refer to you, as a user of the Service. A “user” is someone who accesses or in any way uses the Service. “We,” “us,” and “our” refer to PerkAlrt and its subsidiaries.
Content. “Content” means text, images, photos, audio, video, and all other forms of data or communication. “Your Content” means Content that you submit, transmit to or through connection with the Service, such as ratings, reviews, photos, videos, compliments, invitations, check-ins, votes, friending and following activity, direct messages, and information that you contribute to your user profile or suggest for a business page. “User Content” means Content that users submit or transmit to or through connection with the Service. “PerkAlrt Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than PerkAlrt or its users, which is made available in connection with the Service. “Service Content” means all of the Content that is made available in connection with the Service, including Your Content, User Content, PerkAlrt Content, and Third-Party Content.
Free Services. “Free Services” means subscription services or other products and features made available to you, or a free trial basis. Free Services exclude Purchased Services.
Sites and Accounts. “Consumer Site” means PerkAlrt’s consumer website (www.PerkAlrt.com and related domains) and mobile applications. “Consumer Account” means the account you create to access or use the Consumer Site. “Business Account” means the account you create to access or use for Business Owners website (PerkAlrt.com and related domains) and mobile applications. “Account” means any Consumer Account or Business Account.
If you are using the Services on behalf of an organization, you are agreeing to these Terms for that organization and promising that you have the authority to bind that organization to these terms. In that case, “you” and “your” will refer to that organization.
USER ACCOUNT / PERSONAL INFORMATION
In the course of using the Services, you may be required to provide PerkAlrt with personal identifiable information, including contact information, username and password (“Credentials”). PerkAlrt will handle and protect such information with the utmost care, security, and attentiveness. Nonetheless, you, not, PerkAlrt shall be responsible for maintaining and protecting your Credentials in connection with the Services. If your contact information, or other information relating to your username or password changes, you must notify PerkAlrt promptly and keep such information current. You are solely responsible for any activity using your Credentials, whether or not you authorized that activity. You should immediately notify PerkAlrt of any unauthorized use of your Credentials or if your email or password has been hacked or stolen. If you discover that someone is using your Credentials without your consent, or you discover any other breach of security, you agree to notify PerkAlrt immediately.
USING THE SERVICE
Eligibility. To access or use the Service, you must be the PerkAlrt accountholder to obtain the power and authority to enter into these Terms. You may not access or use the Service if you are a competitor of PerkAlrt or if we have previously banned you from the Service or closed your Account.
Permission to Use the Service. We grant you permission to use the Service subject to these Terms. Your use of the Service is at your own risk, including the risk that you might be exposed to Content that is offensive, indecent, inaccurate, objectionable, incomplete, fails to provide adequate warning about potential risks or hazards, or is otherwise inappropriate.
Service Availability. The Service may be modified, updated, interrupted, suspended, or discontinued at any time without notice or liability.
Accounts. You must create an Account and provide certain information about yourself in order to use some of the features that are offered through the Service. You are responsible for maintaining the confidentiality of your Account password. You are also responsible for all activities that occur in connection with your Account. You agree to notify us immediately of any unauthorized use of your Account. We reserve the right to close your Account at any time for any or no reason.Your Consumer Account is for your personal, non-commercial use only, and you may not create or use a Consumer Account for anyone other than yourself. We ask that you provide complete and accurate information about yourself when creating an Account in order to support your credibility as a contributor to the Service. You may not impersonate someone else, provide an email address other than your own, create multiple Accounts, or transfer your Consumer Account to another person without PerkAlrt’s prior approval.
Communications from PerkAlrt and Others. By accessing or using the Service, you consent to receive communications from other users and PerkAlrt through the Service, or through any other means such as emails, push notifications, text messages (including SMS and MMS), and phone calls. These communications may promote PerkAlrt, or businesses listed on PerkAlrt, and may be initiated by PerkAlrt, businesses listed on PerkAlrt, or other users. You further understand that communications may be sent using an automatic telephone dialing system, and that you may be charged by your phone carrier for certain communications such as SMS messages or phone calls. You agree to notify us immediately if the phone number(s) you have provided to us have been changed or disconnected. Please note that any communications, including phone calls, with PerkAlrt or made through the Service may be monitored and recorded for quality purposes.
TRANSLATIONS
We may translate these Terms into other languages for your convenience. However, the English version governs your relationship with PerkAlrt, and any inconsistencies among the different versions will be resolved in favor of the English version.
CHANGES TO SERVICES OR TO TERMS
PerkAlrt reserves the right, in its sole discretion, to modify, discontinue or terminate the Site or Services or to modify these Terms, at any time. Changes to the Services may include the modification or discontinuation of any “review agglomerate” services currently offered as part of the Services. If we modify these Terms, we will post the modification on the Site or otherwise provide you with notice of the modification via email. By continuing to access or use the Site or Services after we have posted a modification to these Terms or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services. These Terms may only be modified in writing as set forth in this paragraph and may not be modified orally. You should revisit these Terms on a regular basis as revised versions will be binding on you. Again, you understand and agree that your continued access to or use of the Service after the effective date of changes to the Terms represents your acceptance of such changes.
CONTENT
Responsibility for Your Content. You are responsible for Your Content, and once posted to PerkAlrt, it cannot be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance on its quality, accuracy, or reliability, and any risks associated with personal information you disclose. You certify that you own or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by PerkAlrt. You may expose yourself to liability if, for example, Your Content contains material that is false, intentionally misleading, or defamatory; violates any third-party right, including any copyright, trademark, service mark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; violates or advocates the violation of any law or regulation; or violates these Terms.
Our Right to Use Your Content. We may use Your Content in a number of different ways, including by publicly displaying it, reformatting it, incorporating it into advertisements and other works, imitating works from it, promoting it, distributing it, and allowing others to do the same in connection with their own websites and media platforms (“Other Media”). As such, you hereby unquestionably grant us world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable rights to use Your Content for any purpose. Please note that you also unquestionably grant the users of the Service and any Other Media the right to access Your Content in connection with their use of the Service and any Other Media. Finally, you decisively waive and cause to be waived, against PerkAlrt and its users any claims and declaration of moral rights or attribution with respect to Your Content. By “use” we mean utilize, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare imitative works of Your Content.
Ownership. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Site or Services. PerkAlrt reserves the right (but shall have no obligation) to remove any or all User Content from the Services in its sole discretion. You agree to immediately take down any User Content that violates the Terms, including pursuant to a takedown request from PerkAlrt. In the event that you elect not to comply with a request from PerkAlrt to take down certain User Content, PerkAlrt reserves the right to directly take down such User Content.
We own the PerkAlrt Content, including but not limited to visual interfaces, interactive features, graphics, design, compilation (including, but not limited to, our selection, coordination, aggregation, and arrangement of User Content and other Service Content), computer code, products, software, aggregate star ratings, and all other elements and components of the Service excluding Your Content, User Content and Third-Party Content. We also own the copyrights, trademarks, service marks, trade names, trade secrets, and other intellectual and proprietary rights throughout the world associated with the PerkAlrt Content and the Service, which are protected by copyright, trade dress, patent, trademark, and trade secret laws and all other applicable intellectual and proprietary rights and laws. As such, you may not sell, license, copy, publish, modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way use or exploit any of the PerkAlrt Content in whole or in part except as expressly authorized by us. Except as expressly and unequivocally provided herein, we do not grant you any express or implied rights, and all rights in and to the Service and the PerkAlrt Content are retained by us.
Advertising. PerkAlrt and its licensees may publicly display advertisements, paid content, and other information nearby or in association with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode and extent of such advertising are subject to change without specific notice to you.
Coupons. Any coupons that PerkAlrt might issue for use in connection with the Service are non-transferable (unless required by law), not redeemable for cash or any other consideration, and automatically expire thirty (30) days after the issue date unless otherwise specified. If your Account is terminated you will not be able to use any unexpired and unused coupons, and any such coupons will automatically terminate and cannot be redeemed unless required by law.
Other. User Content (including any that may have been created by users employed or contracted by PerkAlrt) does not necessarily reflect the opinion of PerkAlrt. Except as Other required by law, we have no obligation to retain or provide you with copies of Your Content, and we do not guarantee any confidentiality with respect to Your Content. We reserve the right to remove, screen, edit, or reinstate User Content at our sole discretion for any reason or no reason, and without notice to you. For example, we may remove a review if we believe it violates our Content Guidelines. Except in accordance with PerkAlrt’s Verified License program, PerkAlrt does not attempt to verify any licenses a local business or its representatives may have, and consumers should inquire about any such licenses with the business directly. Businesses whose licenses have been verified by PerkAlrt will have a “Verified License” badge displayed on their PerkAlrt business page.
FEEDBACK
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at PerkAlrt@Gmail.Com. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (a) your Feedback does not contain any third party confidential or proprietary information, (b) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (c) we may have something similar to the Feedback already under consideration or in development, (d) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (e) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against PerkAlrt and its users any claims and assertions of any moral rights contained in such Feedback.
BOOKING, TRANSACTIONS, BILLING, AND LATE PAYMENT
General Information. You can access features through the Service that allow you to book or transact online with local businesses, such as making restaurant or scheduling appointments. These features may be provided by PerkAlrt’s third-party partners, and their use may be governed by different or additional terms presented to you as part of the booking or transaction process. Please note that such third-party partners and/or the transacting local businesses themselves are responsible for fulfilling such bookings and transactions.
Payments and Cancellations. You may be required to provide your credit card information to confirm a booking, and will be charged any applicable fees, including cancellation or no-show fees in accordance with the transacting local business’s cancellation policy provided at the time of booking. You agree that PerkAlrt may facilitate any such payments and charges on behalf of the transacting local business.
Your failure to pay undisputed fees when due constitutes a material breach of these Terms. If payment is not made within thirty (30) days of when it is due, PerkAlrt may, in its sole discretion, choose to do any or all of the following: (a.) those overdue amounts shall accrue interest 1.5% per month which percentage is equivalent to a yearly rate of 18%, or the maximum rate permitted by law, whichever is lower and/or (b.) suspend your access to the Services. PerkAlrt’s suspension or resumption of the Services does not limit or prevent PerkAlrt from pursuing all other remedies available.
REPRESENTATIONS and WARRANTIES
You expressly understand and agree that your use of the services is at your sole risk and that the services are provided “as is” and “as available.”
PerkAlrt, its subsidiaries and affiliates, and its licensors make no express warranties and disclaim all implied warranties regarding the services, including implied warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the generality of the foregoing, PerkAlrt, its subsidiaries and affiliates, and its licensors do not represent or warrant to you that: (a) your use of the services will meet your requirements, (b) your use of the services will be uninterrupted, timely, secure, or free from error, and (c) usage data provided through the services will be accurate.
Nothing in these terms, shall exclude or limit PerkAlrt’s warranty or liability for losses which may not be lawfully excluded or limited by applicable law.
We are under no obligation to enforce the Terms on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.
You represent and warrant that:
You have read and understood our Content Guidelines.
You have read and understood our Privacy Policy. If you use the Service outside of the United States of America, you consent to having your personal data transferred to and processed in the United States of America.
You also represent and warrant that you will not, and will not assist, encourage, or enable others to use the Service to:
TRADEMARKS, ADDITIONAL POLICIES, AND TERMS
All trademarks, service marks, logos, trade names and any other proprietary designations of PerkAlrt used herein are trademarks or registered trademarks of PerkAlrt. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
Copyright And Trademark Disputes. You agree to follow our infringement policy in notifying us about copyright and trademark disputes concerning user content. You agree we may forward any notification sent pursuant to our infringement policy to the user who submitted the user content at issue.
Additional Terms. Your use of the service is subject to any and all additional terms, policies, rules, or guidelines that we may post on or link to from the service (the “additional terms”). All such additional terms are hereby incorporated by reference into, and made a part of, these terms. If you have a business account, the business terms provided below apply to you.
THIRD PARTY SOFTWARE
The Services incorporate certain Third-Party software (“Third Party Software”), which is licensed subject to the terms and conditions of the third party licensing such Third-Party Software. Nothing in these Terms limits your rights under, or grants you rights that supersede, the terms and conditions of any applicable license for such Third-Party Software.
THIRD PARTY SERVICES AND CONTENT
You may be able to access or use third party services, Third-Party Software, resources, content, documentation, or materials (“Third Party Content”) as part of or during your use of the Services. You acknowledge and agree to sole responsibility for and assume all risk arising from your access to or use of any such Third-Party Materials and PerkAlrt disclaims any liability that you may incur from your access to or use of such Third-Party Content or any User Material via PerkAlrt or the Services. You acknowledge and agree that PerkAlrt: (a) is not responsible for the availability or accuracy of such Third Party Content or the products or services or available from such Third Party Content; (b) has no liability to you or any third party for any harm, injuries or losses suffered as a result of your access to or use of such Third Party Content; (c) does not make any promises to remove Third Party Content from being accessed through the Services and your ability to access or link to Third Party Content does not create or imply any endorsement by PerkAlrt of Third Party Content or any such third party services; and (d) has no responsibility or liability for the deletion or failure to store any Third Party Content maintained or transmitted through use of the Services. You further acknowledge and agree that you are solely responsible for backing up and making copies of any Third-Party Content that you wish to preserve. Some of the services made available through the service and Third-Party services may be subject to additional third-party terms of service, privacy policies, licensing terms and disclosures, and other terms, conditions, and policies, including without limitation the ones posted. It is your responsibility to familiarize yourself with any such applicable Third-Party terms.
INDEMINITY
You agree to indemnify, defend, and hold harmless PerkAlrt, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the directors, employees, agents, contractors and representatives of each of them (collectively, the “PerkAlrt” entities”) from and against any and all third party claims, actions, demands, losses, damages, costs, liabilities and expenses (including but not limited to attorney fees and court costs) arising out of or relating to: (a.) your access to or use of the service, including your content, (b.) your violation of the terms, (c.) your breach of your representations and warranties provided under these terms, (d.) any products or services purchased or obtained by you in connection with the service, (e.) your products or services, or the marketing or provision thereof to end users, or (f.) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. PerkAlrt reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of PerkAlrt. PerkAlrt will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please be advised to read this section carefully since it limits the liability of the PerkAlrt entities to you. Each subsection below applies up to the maximum extent permitted under applicable law. Nothing herein is intended to limit any rights you may have which may not be lawfully limited. By accessing or using the service, you signify that you have read, understood, and agree to these terms, including this section. You are giving up substantial legal rights by agreeing to these terms.
The service and service content are made available to you on an “as is”, “with all faults” and “as available” basis, with the express understanding that the PerkAlrt entities may not monitor, control, or vet user content or Third-Party content. You expressly understand and agree that PerkAlrt, its subsidiaries and affiliates, and its licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. As such, your use of the service is at your own discretion and risk. The PerkAlrt entities make no claims or promises about the quality, completeness, accuracy, or reliability of the service, its safety or security, including without limitation the security of your data, or the service content. Accordingly, the PerkAlrt entities are not liable to you for any personal injury, loss or damage that might arise, for example, from the service’s inoperability, depletion of battery power or other impairment of devices used to access the service, service unavailability, security vulnerabilities or from your reliance on the quality, accuracy, or reliability of the business listings, ratings, reviews (including their content or omission of content, order, and display), metrics or other content found on, used on, or made available through the service.
The PerkAlrt entities make no claims or promises with respect to any third party, such as the businesses or advertisers listed on the service or that offer goods or services through the service, or the service’s users. Accordingly, the PerkAlrt entities are not liable to you for any personal injury, loss or damage that might arise from any such third party’s actions or omissions, including, for example, if another user or business misuses your content, identity, or personal information, or if you have a negative experience with one of the businesses or advertisers listed or featured on the service. Your purchase and use of products or services offered by third parties through the service is at your own discretion and risk.
The limitations on PerkAlrt’s liability to you in this section shall apply whether or not PerkAlrt has been advised of or should have been aware of the possibility of any such losses arising.
Some states and jurisdictions may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you. The PerkAlrt entities’ liability shall be limited to the maximum extent permitted by law, the PerkAlrt entities will not be liable for any (a.) indirect, special, incidental, punitive, exemplary, reliance, or consequential damages, (b.) loss of profits or revenue, (c.) business interruption, (d.) harm to your reputation, (e.) loss of information or data, or (f.) liability with respect to a consumer alert posted on PerkAlrt’s business pages for your business. In no event shall PerkAlrt’s total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence), or otherwise) exceed the amount paid by you for the services for the last three months.
TERMINATION
You may terminate the Terms at any time by closing your Account, discontinuing any access to or use of the Service, and providing PerkAlrt with a notice of termination here.
Without limiting other remedies, PerkAlrt may at any time suspend, terminate, or refuse to provide you with access to the Site or Services. In addition, PerkAlrt may notify authorities or take any actions it deems appropriate, without notice to you, if PerkAlrt suspects or determines, in its own discretion, that you may have or there is a significant risk that you have (a.) failed to comply with any provision of these Terms and Conditions or any policies or rules established by PerkAlrt or (b.) engaged in actions relating to or in the course of using the Site or Services that may be illegal or cause liability, harm, embarrassment, harassment, abuse or disruption for you, PerkAlrt users, PerkAlrt or any other third parties or the Site or Services.
Without limiting any other terms of these Terms and Conditions, you may stop using the Site and Services at any time.
After any termination, you understand and acknowledge that we will have no further obligation to provide the Site or Services and all licenses and other rights granted to you by these Terms and Conditions will immediately cease. PerkAlrt will not be liable to you or any third party for termination of the Site or Services or termination of your use of either. Upon any termination or suspension, any content, materials, or information (including user content) that you have submitted on the site or via the services will no longer be accessible by you via the services thereafter. However, perkalrt shall continue to have a license to utilize the user content.
Any suspension, termination or cancellation will not affect your obligations to PerkAlrt under these Terms and Conditions (including, without limitation, proprietary rights and ownership, indemnification, and limitation of liability), which by their sense and context are intended to survive such suspension, termination, or cancellation.
Entire Agreement, Governing law, Severability, Non-waiver, Assignment
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
These Terms, together with our Privacy Policy constitutes the entire agreement between the parties relating to the Services and all related activities. These Terms shall not be modified except in writing signed by both parties or by a new posting of these Terms issued by us. The Terms contain the entire agreement between you and us regarding the use of the Service and supersede any prior agreement between you and us on such subject matter. The parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms.
If any part of these Terms is held to be unlawful, void, or unenforceable, that part shall be deemed severed and shall not affect the validity and enforceability of the remaining provisions. Any failure on PerkAlrt’s part to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect or any right provided for herein shall not be deemed a waiver of any further rights hereunder. The Terms may not be waived, except in writing by an authorized PerkAlrt director.
If any provision of the Terms is found to be unenforceable or invalid by an arbitrator or court of competent jurisdiction, then only that provision shall be modified to reflect the parties’ intention or eliminated to the minimum extent necessary so that the Terms shall otherwise remain in full force and effect and enforceable.
The Terms, and any rights or obligations hereunder, are not assignable, transferable or sublicensable by you except with PerkAlrt’s prior written consent but may be assigned or transferred by us without restriction. Any attempted assignment by you shall violate these Terms and be void.
You agree that no joint venture, partnership, employment, agency, special or fiduciary relationship exists between you and PerkAlrt as a result of these Terms or your use of the Service.
The section titles in the Terms are for convenience only and have no legal or contractual effect.
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ADDITIONAL TERMS FOR BUSINESS SUBSCRIPTIONS AND ACCOUNTS
The following terms (“Business Terms”), in addition to the Terms of Service above, govern your access to and use of your Business Account. In the event of any conflict between these Business Terms and the Terms of Service, the Business Terms apply. If you have purchased products or services from PerkAlrt on behalf of your business (e.g., business subscriptions, business tools, PerkAlrt products, and advertising), the terms of that purchase apply in the event of any conflict with these Business Terms. By creating, accessing, or using your Business Account, you are agreeing to these Business Terms and concluding a legally binding contract with PerkAlrt. You are not authorized to create, access, or use a Business Account if you do not agree to these Business Terms.
In the event of any termination of these Business Terms, whether by you or us, these Business Terms in their entirety will continue in full force and effect.
REQUIREMENTS, REPRESENTATIONS AND WARRANTIES
In order to access or use the Services, you agree that:
you have the authority to act on behalf of the business or businesses associated with or claimed through your Business Account and bind any such business (including any corresponding business entity) to the Business Terms (such business or businesses, your “Business”).
your access to or use of the Business Site will only be in your capacity as an authorized representative of your Business.
you will not use the Consumer Site for business activities, including but not limited to flagging reviews or messaging people who have reviewed your Business.
your Business complies with applicable laws and does not offer, advertise, sell, or lease illegal products and/or services.
you grant PerkAlrt a non-transferable, non-exclusive, royalty-free limited license to display your public website on the Services or allow for its display through iframes or other framing technology.
you agree that we may contact you, including by phone or email, using the contact information you provide us, make publicly available, or that we have on record for your business, and that our communications (including phone calls) with you may be monitored and recorded for quality purposes.
you understand and acknowledge that non-disparagement clauses in certain consumer contracts, such as clauses that seek to restrict or prohibit reviews (including provisions that penalize consumers for posting reviews) about your Business, are prohibited under Louisiana law and under the federal Consumer Review Fairness Act (15 U.S. Code § 45b) and you agree that you will not include such clauses in your consumer contracts, or otherwise attempt to enforce non-disparagement or ‘gag’ clauses against consumers under any circumstances. You understand that we may publicly notify consumers, including by placing a Consumer Alert on the business page for your Business, if we have a good faith belief that such clauses are used by your Business.
You represent and warrant that you will not authorize or induce any other party, to:
offer incentives of any kind, such as discounts, freebies, refunds, gift cards, contest entries, offers, or deals in exchange for the posting of reviews of your Business, or to prevent or remove reviews, and you understand and acknowledge that PerkAlrt, through its Consumer Alerts, may publicly notify consumers about such incentives and other attempts to obtain, prevent, or remove reviews; solicit or ask for reviews from your customers; write reviews or vote on Content (e.g., voting user reviews as useful, funny, or cool) for your Business or your Business’s competitors; pay or induce anyone to post, refrain from posting, or remove reviews, or fraud detection systems; attempt to generate automated, fraudulent, or otherwise invalid ad impressions, inquiries, conversions, ad clicks, or other actions; use any automated means or form of scraping or data extraction to access, query or otherwise collect PerkAlrt data, content and/or reviews from the Consumer Site or the Business Site, except as expressly permitted by PerkAlrt; use any PerkAlrt trademark or service mark in any manner without PerkAlrt’s prior written consent; or misrepresent your identity or affiliation to anyone in connection with PerkAlrt.
DISCLAIMERS AND LIMITATIONS OF LIABILITY
Please read this section carefully since it limits the liability of the PerkAlrt entities to you. For clarity, the below applies in addition to the disclaimers and limitations of liability detailed of the terms.
The federal Communications Decency Act (47 U.S. Code § 230) limits the liability of interactive computer services, like PerkAlrt, for their role in publishing third-party Content, including consumer reviews. Additionally, anti-SLAPP laws, such as La. Code Civ. Proc. Ann. art. § 971, may require you to pay PerkAlrt’s attorneys’ fees if you attempt to impose such liability on PerkAlrt through legal proceedings.
FREE SERVICES
You may register for Free Services subject to the terms of this Agreement until the earlier of: (a) the end of a free trial period; (b) the start date of any Purchased Services; or (c) termination by us in our sole discretion without prior notice. You agree that we will not be liable to you or any third party for any damages arising from using the Free Services or terminating free access to our Services. Except as required by law, you are solely responsible to export your data from Free Services prior to termination. We will not be responsible for any data you have entered, or any customizations made to the Services by or for you unless you purchase a subscription.
FEES
Subscription. Unless otherwise provided in the applicable Order Form, (a) the subscription fee will remain fixed during the term; (b) the subscription fee is non-cancellable and non-refundable; (c) Purchased Services are purchased as subscriptions; (d) subscriptions can be upgraded, and (e) any added subscription will terminate on the same date as the underlying subscriptions.
Invoicing and Payment. All amounts invoiced are due and payable immediately, unless otherwise provided in the Order Form. You are responsible for providing complete and accurate billing and contact information to us and notifying us of any changes to such information.
Payment Method. You will pay all fees via a valid payment method, by other approved manner by us or specified in the applicable Order Form. If you provide payment card information, you authorize us to charge the payment card for all purchases made and any renewals due. Such charges may be made in advance, either annually or monthly or in accordance with the billing frequency associated with the Solutions in the Platform. You may be required to use a valid payment card in order to immediately activate some Solutions. If there is a problem charging your payment card or you ask to remove the card from our system, you may be required to provide other valid payment card information or other approved manner by us. If you are making payments via payment card, you authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such that third party.
Overdue Charges; Late or Non-Payment. If you do not pay the invoice by the due date, then without limiting our rights or remedies (a) those overdue amounts shall accrue interest 1.5% per month which percentage is equivalent to a yearly rate of 18%, or the maximum rate permitted by law, whichever is lower, (b) we may suspend or terminate the current subscription term, and/or (c) we may alter your payment terms on future subscriptions.
Payment Dispute. You will notify us immediately if there is any issue with your invoice. We will not suspend the Services while you are disputing the applicable charges reasonably and in good faith and are cooperating diligently to resolve the dispute.
Fee Increase. The pricing of any fee during any renewal term may increase up to 8% above the applicable pricing in the prior term, unless we provide you notice of different pricing at least 60 days prior to the applicable renewal term.
Taxes. You are responsible for paying all taxes, levies or similar governmental assessment including, for example, sales, value-added, use or withholding taxes, associated with your purchases hereunder. Our fees do not include taxes, which we will charge as applicable, and you will pay that amount. You shall have no liability for any taxes based upon our gross revenues or net income. We are solely responsible for our own taxes based on our income, property, and employees.
Non-Solicitation. During the term of this Agreement and for two (2) years following the termination of this Agreement, you will not solicit, hire, contract with or retain any of our directors, officers, employees, assignees, other partners, third party provider or customers without our prior written consent; provided, however, that this limitation shall in no way apply to the hiring or solicitation of any of the above persons that respond to public postings.
