PerkChase.com Terms of Service
These Terms of Service ("TOS") constitute a binding legal contract. Upon completion of registration you are bound by these terms. Please be sure you have read and understand these terms. The contract ("Agreement") is between PerkChase.com ("we," "us," “the site,” or "PerkChase") and the user of our services ("you," "user" or "Client"). The agreement encompasses PerkChase’s relationship with the client and all obligations that each have to one another, including but not limited to, the use of PerkChase's enhanced “do it yourself" marketing services and any related products or services ("Service"). You are not permitted to register unless you are 18 years of age or older.
We provide you an account on our website PerkChase.com. This account is created and managed by you using our featured do-it-yourself marketing tools and is available for immediate viewing by all members in your coverage area. The actual marketing tools we provided may change from time to time. The marketing tools we provide will be available on your account dashboard located on Perkchase.com, accessed by using the account username and password created by you in registration. The account we provide you is designed to actively market your business to our members (registered free users) and guests (unregistered free users). This automated function is available to all of our clients regardless of the service package selected. Your account is managed by you. We provide you the tools to showcase your business as you wish within the constraints of our Acceptable Use Policy (AUP). These marketing tools are as follows:
1) Coupons; are created and managed by you. You are legal bound to honor any
coupon printed from the site that you have published. Having a minimum of one coupon available to members at any given time is mandatory. All coupons are set to expire in 30 days from the last date of publication (this includes any editing of existing coupons). The expiration date will automatically renew and set a new expiration date if that date is reached without any manual changes.
2) Events; are set and published by you. You can publish event listings for any feature or function of your business that is time sensitive. Events are not mandatory. Publishing events is an option to clients to direct members and guests to their physical business location.
3) Ad Page; is a designated web page located on our site, which is exclusive to your business. This page contains any and all features that you have chosen to publish using our do-it-yourself marketing tools.4) Accessories; are links to digital content that you have upload into the sites database. This content consists of document files (PDF), image files (jpeg, gif), audio files (wma), video files (mpg), and URL links to other existing web pages that your business has a presence on. Accessories are only available to premium account holders.
5) Special Offer Mailings; are emails that our premium clients can send to their qualified loyalty members. These emails are used to send special discounts to the members of PerkChase that have qualified themselves as loyal by using your coupons, setting reminders for your events, setting your business as a favorite, as well as other unsolicited actions that they have taken which indicate a heightened level of interest in your business. Premium account holders are only provided 5emails per 12 month period, excluding market partner invitations to contribute to a partners special offer mailing.
6) Logo; is the graphic image you use to brand your business. This image is used throughout the site to link free users to your Ad Page and features. Your logo is yours to change as you see fit.
7) Ad image and accompanying Ad info; is the graphic image and textual content that is displayed on your Ad Page. These features can be changed as often as you like.
8) PerkStore items; are items you give away to members of the site that have amassed enough points to redeem those items. PerkStore item point value is set based on the retail value of the item being published. Any item that is published must be given to the member that redeems the item with the necessary point value. We regulate the transaction by a confirmation process which puts the member in touch with you to confirm redemption. The benefit of publishing PerkStore items is extra exposure for your business, opportunity to feature your businesses products or services to free users that may not have seen your business otherwise, and last but not least, getting customers into your store.
9) My Map Info; is the information that you set to display on the Google Map that is available to all free users (not available to our paying clients).
10) Partnering; is a marketing relationship you establish other PerkChase Clients in your area. These partnerships allow you to have your logo displayed on any partners Ad Page as well as opportunity to be included in any partner’s special offer mailing if that partner requests that you join.
11) Sweepstakes; are promotions you do to feature products or services that define your business. Through these promotions we gather consumer habit information (that is not personally identifiable to any individual member) that we prepare for you to provide a prospective of your average customer.
12) Coverage Area; is the geographic area you select that contains your customers and potential customers residence. This coverage area is defined by your business address, from which a radius extends to your desired selections limit. Available coverage areas are 5mile radius, 10 mile radius, 50 mile radius, 250 mile radius, and the maximum coverage of the entire continental United States of America.
We have the right to add and remove features as we see fit. In return we expect you to pay your fees in a timely, manner and use the web site in an appropriate manner as set out in our AUP. We also expect you to respect the intellectual property rights of others. We will not tolerate any copyright or trademark infringements by any customer using our services. WE RESERVE THE RIGHT TO TERMINATE THE AGREEMENT AT ANYTIME FOR ANY REASON WITHOUT LIABILITY OR REFUND. Some of the reasons we may terminate or suspend Service are: (i) we reasonably believe that the Services are being used in violation of the Agreement; (ii) you fail to cooperate with our reasonable investigation of any suspected violation of the Agreement; (iii) an attack on our server(s)occurs due to your use of the Service, (iv) any of the features on your account: Ad Page, Logo, Coupons, Events, Featured Coupons, or PerkStore items, are accessed or manipulated by a third party without your consent, (v) you violate any third party's copyrights or trademark rights, (vi) any other event for which we reasonably believe that the suspension or termination of Service is necessary to protect PerkChase or our other customers, or (vi) if required by law.
We offer Service on a monthly basis for a period which begins on the calendar date that PerkChase activates your Service and ends on the calendar day before the same date in the following month. Subsequent periods of this Agreement automatically renew on a monthly basis without further action by you. Service period renewal continues monthly unless you give PerkChase written notice via email (cancellations@perkchase.com) of cancellation at least two (2) days before the end of the current monthly service period in which you choose to cancel. Service is purchased for full monthly periods, this means that if you attempt to terminate Service prior to the end of a monthly service period you will be responsible for the full month's charges, extending to the end of that Service period, including without limitation, any unbilled charges, plus any applicable fees issued by your Credit Card company, all of which become immediately due and payable. Expiration of the service period or termination of Service does not excuse the Client from any unpaid, accrued fees due in connection to the Agreement.
You agree to use the Service only for lawful purposes. You agree to abide by our AUP.
Please note that you are also responsible and liable to PerkChase if any third party who used your account, computer or password to gain access to your web site or account violates the terms of this agreement or causes harm to PerkChase. You agree to notify PerkChase immediately, in writing or by calling the PerkChase customer support line, if you become aware at any time that your Service is being stolen or fraudulently used. When you write, you must provide your account information and a detailed description of the circumstances of the theft or fraudulent use of Service. You will be liable for all activity on your account until we receive written notice.
You agree not to use the Service or your account tools or to allow others to transmit or receive any communication or material of any kind when in PerkChase's sole judgment the transmission, receipt or possession of such communication or material (i) would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law or (ii) encourages conduct that would constitute a criminal offense, give rise to a civil liability, or otherwise violate any applicable local, state, national or international law. PerkChase reserves the right to terminate your service immediately and without advance notice if PerkChase, in its sole discretion, believes that you have violated the above restrictions, leaving you responsible for the full month's charges to the end of the current term, including without limitation unbilled charges, plus a disconnect fee, all of which immediately become due and payable and may at PerkChase 's discretion be immediately charged to your credit card along with charges for any damages it incurs as a result of your improper use of the Service and/or violation of the AUP. You are liable for any and all use of the Service and/or Device by yourself and by any person making use of the Service or Device provided to you and agree to indemnify and hold harmless PerkChase against any and all liability for any such use. If PerkChase, in its sole discretion believes that you have violated the above restrictions, PerkChase may forward the objectionable material, as well as your communications with PerkChase and your personally identifiable information to the appropriate authorities for investigation and prosecution and you hereby consent to such forwarding.
Copyright, Content Ownership, and Unauthorized Use of
Software
1) We claim no intellectual property rights over the material you provide to the Service. Your profile, materials created with the Service, and materials uploaded to the Service remain yours. However, your pages are shared publicly, and you agree to allow others to view and share your Content. By posting Content on or through the Service, you shall be deemed to have granted PerkChase, the Service and users of the site a royalty-free, non-exclusive license to use, reproduce, and display the Content.
2) PerkChase does not pre-screen Content, but PerkChase, its parent company PrizeLeader, LLC, and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any Content that is available on the site.
3) The look and feel of the Service is copyright © 2008 Prizeleader All rights reserved.
4) You may not duplicate, copy, or reuse any portion of the PHP/CSS or visual design elements without express written permission from PrizeLeader, LLC.
5) ADDITIONALLY YOU SHALL NOT REVERSE COMPILE, DISASSEMBLE OR REVERSE ENGINEER OR OTHERWISE ATTEMPT TO DERIVE THE SOURCE CODE.
Copyright Infringement Claims
In the event that a third party makes a claim that you are infringing on their copyright and provides a proper DMCA take down letter we will deactivate your account and provide you with notice. If you believe a DMCA "Deactivation" is wrong seek legal council and provide us with a Counter Notification. Upon receipt of a Counter Notification that complies with the DMCA requirements we will reactivate your account. We will not get involved in copyright disputes. Mediate are solution with the accusing party and move on. Access the following link to review DMCA guidelines, http://www.copyright.gov/title17/92chap5.html#512.
Changes to this Agreement
PerkChase may change the terms and conditions of this Agreement from time to time. Notice will be considered given and effective on the date posted at the bottom of the Agreement. Such changes will become binding on Client, on the date posted to the PerkChase website Terms of Service and no further notice by PerkChase is required. This Agreement as posted supersedes all previously agreed to electronic and written terms of service.
Limited Time Offer
PerkChase offers an introductory payment offer to (any acceptable business as set for in our AUP) all new account registrars, in which we provide an additional 12 month (365 days) of service at no additional fee for the purchase of the first month’s service of the Client’s chosen account type and coverage area ("Promotion"). This offer only applies to the account type chosen in registration. Any change to a Client’s account type discontinues the introductory period and immediately applies normal payment terms as described below in the “Payments, Refunds, Upgrading and Downgrading terms” section. At the completion of the Promotion (13 calendar months from the registration date), clients are required to re-enter their payment information and begin a regular monthly billing plan to continue service. Clients maintaining the same service plan selected in registration, will be charged the same fee for continued service as was selected at the time of registration on a monthly basis as described below.
Payment, Refund, Upgrading, and Downgrading Terms
All payments are automatically charged to a valid credit card that is issued to the PerkChase account holder’s legal name. Receipt of payment for all charges is emailed to the email address provided in the Contact Information section of registration. All payments are final. PerkChase does not issue refunds or charge backs. All payment terms are as follows:
1) A valid credit card is required for client accounts.
2) All accounts are charged at the commencement of service regardless of account type.
3) Monthly payment plans will be billed at the beginning of each monthly billing period on the anniversary of the first payment.
4) Upgrading your account from your existing account type to a premium package, additional coverage area, additional location account, or any combination thereof will end your existing account payment terms. You will be billed immediately for the first payment period and start a new billing cycle for your new account upon upgrading.
5) The Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account. In order to treat everyone equally, no exceptions will be made.
6) All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties, excluding only United States (federal or state) taxes.
7) For any downgrade in plan level, your credit card that you provided will automatically be charged the new rate on your next billing cycle.
8) Downgrading your Service may cause the loss of features, or capacity of your Account. Perkchase does not accept any liability for such loss.
Cancellation and Termination
PerkChase’s Cancellation Policy is as follows: To effectively cancel your account and discontinue future monthly charges to the Credit Card you have provided you must give PerkChase written notice via email (cancellation@perkchase.com) of cancellation with your reason for cancellation, at least two (2) days before the end of the current monthly service period in which you choose to cancel.
1) You are solely responsible for properly canceling your account. An email or phone request (that does not meet our cancellation policy as explained above) to cancel your account is not considered cancellation. You can cancel your account at any time by clicking on the Click here for information about canceling your account link located on the Payments page in your account. The Account Cancellation page provides simple instructions for cancellation.
2) All of your Content will be immediately deleted from the site upon cancellation. This information can not be recovered once your account is canceled.
3) Once you cancel you won't be charged again, but you are responsible for whatever charges have already been incurred for the current billing period. For example, if your billing cycle is on the 8th of every month, and you cancel on the 12th, you will have paid for the current month, but you won't be charged again after that.
4) PerkChase in its sole discretion, has the right to suspend or terminate your account and refuse any and all current or future use of Service for any reason at any time. Such termination of Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all Content in your Account. PerkChase reserves the right to refuse service to anyone for any reason at any time.
Modifications to Prices and the Service
1) PerkChase reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
2) Prices of all Services, including but not limited to monthly subscription plan fees to the Service, are subject to change upon 30 days notice from us. Such notice may be provided at any time by posting the changes to the Service itself.
3) PerkChase shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
LIMITED LIABILITY
PERKCHASE DOES NOT PROMISE THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. YOU ACKNOWLEDGE THAT THERE ARE RISKS INHERENT IN INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF YOUR PRIVACY, CONFIDENTIAL INFORMATION AND PROPERTY.
LIMITATION OF LIABILITY
PerkChase shall not be liable for any delay or failure to provide the Service, at anytime or from time to time, or any interruption that is caused by any of the following;
1) act or omission of an underlying carrier, service provider, vendor or other third party;
2) equipment, network or facility failure;
3) equipment, network or facility upgrade or modification;
4) force majeure events such as (but not limited to) acts of god; strikes; fire; war; riot; government actions;
5) equipment, network or facility shortage;
6) equipment or facility relocation;
7) service, equipment, network or facility failure caused by the loss of power to Client;
8) outage of Client's ISP or broadband service provider;
9) act or omission of Client or any person using the Service or Device provided to Client; or
10) any other cause that is beyond PerkChase's control, including with out limitation a failure of or defect in any device, the failure of an incoming or outgoing communication, the inability of communications to be connected or completed, actions of third parties, Client’s actions or the actions of any governmental authority.
We backup all system data, so that in the event of a system failure we can restore the system to its previous state. We do not restore data deleted by the end user. We are not responsible for any data loss.
PERKCHASE SERVICES ARE PROVIDED "AS IS" AND ON AN “AS AVAILABLE” BASIS. PERKCHASE MAKES NO WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, INCREASED REVENUE OR PROFITS OF CLIENT THROUGH THE USE OF THE SERVICE, INCREASED TRAFFIC IN CLIENT’S STORE LOCATION(S) OR WEBSITE, FITNESS OF THE SERVICE FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT OR ANY WARRANTY ARISING BY USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY WARRANTY THAT THE SERVICE WILL MEET CLIENTS REQUIREMENTS. WITHOUT LIMITING THE FOREGOING, PERKCHASE DOES NOT WARRANT THAT THE SERVICE WILL BE WITHOUT FAILURE, DELAY, INTERRUPTION, ERROR, DATA OR INFORMATION. NEITHER PERKCHASE NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES OR PRODUCTS TO CLIENT IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO PERKCHASE 'S OR CLIENT'S TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION,THEFT OR DESTRUCTION OF, CLIENT'S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES OR ANY OTHER METHOD,REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF PERKCHASE 'S OR ITS SERVICE PROVIDER'S OR VENDORS' NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING THE SERVICE OR DEVICE, IF ANY, BY PERKCHASE OR PERKCHASE 'S AGENTS OR INSTALLERS ARE INFORMATIONAL AND ARE NOT GIVEN AS A WARRANTY OF ANY KIND.
PLEASE NOTE: PerkChase's aggregate liability for (i) any failure or mistake; (ii) any claim with respect to PerkChase's performance or nonperformance hereunder or (iii) any PerkChase act or omission in connection with the this agreement or the parties overall relationship hereof shall in no event exceed five times the monthly service charges paid by Client.
IN NO EVENT SHALL PERKCHASE, ITS OFFICERS, DIRECTORS, EMPLOYEES, ATTORNEY'S, AFFILIATES OR AGENTS OR ANY OTHER SERVICE PROVIDER WHO FURNISHES SERVICES TO CLIENT IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE BE LIABLE FOR ANY DIRECT, INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ANY OTHER DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF DATA, LOSS OF REVENUE OR PROFITS, OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE SERVICE. THE LIMITATIONS SET FORTH HEREIN APPLY TO CLAIMS FOUNDED IN BREACH OF CONTRACT, BREACH OF WARRANTY, PRODUCT LIABILITY,TORT AND ANY AND ALL OTHER THEORIES OF LIABILITY AND APPLY WHETHER OR NOT PERKCHASE WAS INFORMED OF THE LIKELIHOOD OF ANY PARTICULAR TYPE OF DAMAGES.
No provision of this Agreement provides any person or entity not a party to this Agreement with any remedy, claim, liability, reimbursement, or cause of action or creates any other third party beneficiary rights.
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
Client’s Warranty
Client warrants: (i) that they are over the age of 18 and have the right to enter into his agreement, (ii) that by entering into this agreement no third party right is being violated, (iii) that Client in the use of the Services or the material found on the Client's account pages and published items are not in violation of any state, local, federal or foreign countries laws or regulations, (iv) that in the use of the Service they will not violate the rights of any third parties including but not limited to contract rights, right of privacy, right of publicity, copyright, DMCA regulations, trademark rights, trade secrets, trade dress rights, confidentiality or other obligations, (v) that their use of the service will not constitute an unfair or improper trade practice nor violate the Lanham act.
Indemnification
Client agrees to defend, indemnify, and hold harmless PerkChase, it’s parent company PrizeLeader, LLC, its officers, directors, employees, attorneys, affiliates and agents and any other service provider who furnishes services to Client in connection with this Agreement or the Service, from any and all suits, judgments, awards, losses, damages, fines, penalties, costs and expenses (including, without limitation, reasonable attorneys fees) incurred as a result of a breach, threatened or alleged breach of this Agreement by Client, as a result of a breach of any warranty made by Client or as result of any third parties claim resulting from Client’s use of the Services and/or the content of their account pages, published items, or Client actions. This section shall survive termination of this Agreement.
Governing Law / Resolution of Disputes
The Agreement and the relationship between you and PerkChase shall be governed by the laws of
Any dispute or claim between Client and PerkChase arising out of this Agreement or relating to the Service provided in connection with this Agreement shall be resolved by arbitration before a single arbitrator administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. The arbitration shall take place in
However, PerkChase may seek judicial injunctive or equitable relief in the event it feels it is necessary in order to protect its interests. Further, This clause shall not restrict PerkChase from bringing any cross or counter claim in any litigation, nor shall it limit to PerkChase's right (at its option) to bring a claim in a court of competent jurisdiction against Clients for a violation of any of the terms of Section Four (4) above or for a breach of Client's warranties. The parties designate Allegheny County, Commonwealth of Pennsylvania as the forum of resolution for all such disputes and grant the courts of competent jurisdiction (state and/or federal) therein personal jurisdiction over themselves for these purposes.
Client agrees that regardless of any statute or law to the contrary, any claim or cause of action Client wishes to raise, arising out of or related to use of the Service or the Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred
CLIENT ACKNOWLEDGES THAT THIS ARBITRATION PROVISION CONSTITUTES A WAIVER OF ANY RIGHT TO A JURY TRIAL.
Confidential InformationEach of us agrees not to use the other's Confidential Information except in connection with the performance or use of the Services, as applicable, the exercise of our respective legal rights under the Agreement, or as may be required by law. Each of us agrees not to disclose the other's Confidential Information to any third person except as follows:
1) to our respective service providers, agents and representatives, provided that such service providers, agents or representatives agree to confidentiality measures that are at least as stringent as those stated in this Terms of Service Agreement;
2) to law enforcement or government agency if requested, or if either of us reasonably believes that the other's conduct may violate applicable criminal law;
3) as required by law; or
4) in response to a subpoena or other compulsory legal process, provided that each of us agrees to give the other written notice of at least seven days prior to disclosing Confidential Information under this subsection (or prompt notice in advance of disclosure, if seven days advance notice is not reasonably feasible),unless the law forbids such notice.
Publicity
You agree that we may publicly disclose that we are providing services to you and may include your Business name and your website in promotional materials, publications, billboards, or any other available advertising media, including press releases to the public and on the PerkChase.com website. Additionally we may publicly use your Business logo or other trade or service mark in advertisements or marketing campaigns for the purpose of promoting the availability of your business’ discounts and/or PerkStore items or Sweepstakes on PerkChase.com without notice.
Licensing
It is agreed that Client hereby consents to and grants PerkChase a royalty-free limited license, to publish on the PerkChase.com website and to use in commerce, Client’s trade marks, trade dress, logos, trade names, trademarks, service marks, slogans, color combinations and designs, for the sole and limited purpose of advertising the PerkChase.com website and any or all of Clients available discounts and/or PerkStore items, events, and sweepstakes.
Assignment
Client may not assign the Agreement without PerkChase's prior written consent. PerkChase reserves the option to assign the Agreement in whole or in part.
Force Majeure
Neither of us will be in violation of the Agreement if the failure to perform the obligation is due to an event beyond our control, such as significant failure of a part of the power grid, significant failure of the Internet, natural disaster, war, riot, insurrection, epidemic, strikes or other organized labor action, terrorism, or other events of a magnitude or type for which precautions are not generally taken in the industry.
Entire Agreement
This Agreement and the rates for Services found on PerkChase's website constitute the entire agreement between you and PerkChase and govern your use of the Service, superseding any prior agreements between you and PerkChase and any and all prior or contemporaneous statements, understandings, writings, commitments, or representations concerning its subject matter. No amendment to this Agreement shall be binding upon Perkchase unless and until posted in accordance with our Lawful Use of Service section above.
Severability
If any part of this Agreement is legally declared invalid or unenforceable, all other parts of this Agreement are still valid and enforceable. Such invalidity or non-enforceability will not invalidate or render unenforceable any other portion of this Agreement.
This Agreement was last updated on the 1st day of August, 2008.