Terms & Conditions
TERMS AND CONDITIONS AGREEMENT
ServicePerks in an interactive online community service on the World Wide Web of the Internet or the “Web”, offering services on behalf of third party merchants referred to as “Merchants” aka “Vendors”, in the form of “Tickets” aka “Coupons” that are negotiated and agreed upon, collectively referred to as “Perks”, that may be exchanged for “Goods” or “Services” at Merchants and other third parties. This online community can browse the collection of active Perks through our website located at http://www.serviceperks.com and other online areas and sub-domains owned or operated by Us, such as Our Facebook page located at http://www.facebook.com/serviceperks, Our Twitter page located at http://www.twitter.com/serviceperks, or any other online mediums We may promote on such as YouTube, Vimeo, Blogger, bit.ly, Photobucket and podcasts, radio ads, print ads, flyers, and/or online or in person promotions.
This Agreement sets forth the terms and conditions that apply to the use of this Site by the End-user. By using this Site (other than to read this Agreement for the first time), End-User agrees to abide and comply with all of the terms and conditions hereof. The right to use this Site is personal to End-user and is not transferable to any other person or entity. ServicePerks relies on User ID’s to know whether users accessing the Site and using Our Services are authorized to do so. If someone accesses our Site or Services using a User ID that We have issued to You, We will assume that You are the owner of said User ID and will assume that access has been made by You. You will need to register by creating an account with ServicePerks (either by registering directly with Us or by allowing a ServicePerks application to connect through your Facebook profile) in order to publish “Content” on the Site or obtain access to certain Services, including Perks. The right to use this Site is personal to End-user and is not transferable to any other person or entity. End-user shall be responsible for protecting the confidentiality of End-user’s password(s), if any.
End-user acknowledges that the Internet is supposed to be a secure environment, sometimes there are interruptions in service or events that are beyond control of ServicePerks, and ServicePerks shall not be responsible far any data lost while transmitting information on the Internet. While it is Our objective to make the Site accessible 24 hours a day, 7 days a week, the Site may be unavailable from time to time for any reason, including but not limited to, routine maintenance or unforeseen events. You understand and acknowledge that due to circumstances within or beyond Our control, access to the site may be interrupted, suspended or terminated from time to time.
We retain the right to, at any time, discontinue or change anything on our Site such as hours of availability, content and/or equipment used for access or use. Also, ServicePerks may discontinue disseminating any portion of information or category of information, may eliminate or modify any transmission method and may change transmission speeds or any other signal characteristics.
Conditional Use of Site and Services
In using ServicePerks you represent that You are of legal age to form a binding contract. You must be at least 13 years of age or older, but at least 18 years of age or older to purchase a Perk. If you are at least 13 years old but not yet 18, you may use the site under the supervision of a parent or guardian who agrees to this agreement. Anybody under 13 years of age may not use the Site. In an effort to maintain a great experience for all Users we require that you refrain from: conducting or promoting illegal activities while using our Site or Services, uploading, distributing or printing anything that may be harmful to minors, attempting to reverse engineer or jeopardizing the correct functioning of the Site or Services, or otherwise attempting to derive the source code of the software including tools, methods, processes or infrastructure that enables or underlies the Site, attempting to gain access to secured portions of our Site or Services to which you do not possess access rights, uploading or transmitting any form of virus, worm, trojan horse, or other malicious code, using the Site or Services to generate unsolicited email advertisement or spam, using any automatic or manual process to search or harvest information from the Site or Services, or to interfere in any way with the proper functioning of the Site or Services or impersonating another User.
Your permission to use the Site is contingent upon the agreement that you:
• will comply with Our Terms of Service;
• will not copy or distribute any part of ServicePerks in any way without Our prior written authorization;
• will provide accurate information when creating and account and joining our Site or registering for our Services;
• will not use ServcePerks to collect any personally identifiable information, including email addresses, account names, images or any other information, for commercial purposes;
• are solely responsible for your submissions of Content of any kind, including but not limited to discussion posts, profile information, links, pictures or any other identifiable information;
• will not use our online presence and community or contacts made on ServicePerks for any commercial solicitation purposes;
• represent that you own or have necessary licensing, rights, permissions and consents to use and authorize ServicePerks to use any and all Content submitted by You to us in accordance with the licenses granted in this Agreement;
• hereby grant ServicePerks Users, whether using ServicePerks or an application authorized by ServicePerks but developed through a third-party developer, a non-exclusive license to access content submitted by You, to use, reproduce, distribute, prepare derivative works of, display and perform such Content as permitted through Our functionality under these Terms of Service;
• 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 permissions from the rightful owners to specifically submit such content to ServicePerks; and
• hereby affirm we have the right to determine whether any of your Content submissions are appropriate and comply with Our Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
We welcome User interaction on Our Site but insist and require that all End-users restrict any and all activity on connection with the use of Our Site to lawful purposes only. End-user shall not post or transmit through this Site any material which violates or infringes in any way upon the rights of others, or any material which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without ServicePerks’s express prior, written approval, contains advertising or any solicitation with respect to products or services. Conduct by an End-user that under Our exclusive discretion restricts or inhibits any other End-user from using or enjoying this Site and/or the sub-domains contained within to advertise or perform any commercial, religious, political or non-commercial solicitation, including, and not limited to, the solicitation of users of this Site and or sub-domains to become users of other on- or offline services directly or indirectly competitive or potentially competitive to ServicePerks.
In using Our Site, you have access to various kinds of information and materials in which we refer to as “Content”. This Content includes material and information posted to the Site by You. Also You agree to not revise, alter or obscure Content posted by others including but not limited to advertising and promotions authorized by ServicePerks, and you agree to NOT post or use any Content in any way that:
• infringes the copyright, trademark, trade secret, or other intellectual property or proprietary rights of others;
• violates the privacy, publicity or other rights of third-parties:
• is unlawful, defamatory, discriminatory, libelous, pornographic, obscene, abusive, threatening, harassing, hateful or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate as determined by ServicePerks in its sole discretion;
• is false or inaccurate or;
• could damage our company, parent company, sister companies, affiliates, advertisers or other parties. We strive to enforce these rules to the best of our ability with all Users, but you may be exposed through the Site or Services to Content that violates our policies or is otherwise offensive. You may use Our Site and Services at your own risk. We are not obligated to, but will always try to, terminate User accounts and remove Content from the Site if we feel or suspect that those accounts or Content contained within violate the Terms of this Agreement or the applicable agreement with offending user(s). We take no responsibility for your exposure to Content on Our Site whether it violates our Content policies or not.
Third-Party Content, Privacy, Security and Non-Confidentiality
ServicePerks is similar to an Internet Service Provider in that it is a distributor and not a publisher of content supplied by third parties and End-users. Like any public information that you find in a bookstore, library, or newstand We have no more editorial control over content. Opinions, advice, statements, Services, offers, or other information or Content expressed or made available by third parties, including any information providers, or other End-users are those of their respective author(s) and/or distributor(s) and not of ServicePerks.
In many cases, Content available via ServicePerks, represent the opinions and judgement of the respective information provider, End-user, or other User not under contract with Us. We do not endorse nor are we responsible for the accuracy or reliability of opinions, statements made or advice on Our Site by anyone other than an authorized ServicePerks spokesperson employee while acting in or under official capacities. Under no circumstances will We be liable for any loss or damage caused by an End-user’s reliance of the information attained through ServicePerks. It is your responsibility as an End-user to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, etc., or any other Content contained within Our Site.
We contain links to third-party sites, and We hereby expressly disclaim any representations regarding the content or accuracy of materials on these mentioned third-party websites. If You access these websites you do so under your own accord and at your own risk. You must have an executed and written agreement with Us clearly stating that we have permitted you to hyperlink to our site or else this will be a violation of our Terms. In turn We reserve the right to revoke any link at any time in its sole discretion.
The End-user understands the information that You submit to Us, i.e. postings, invitations, comments, etc. are submitted clearly for the purpose of disclosure in a variety of ways by ServicePerks, such that this information is not subject to any confidentiality obligation. Information such as credit card information provided to Us in connection with the purchase of a Perk, is maintained with all appropriate privacy and security protections. You agree that any information provided in connection with a Perk, other the credit card information, can be used and disclosed by Us to the ServicePerks Merchant for their commercial purposes including but not limited to provisions of the Perk.
Any communication between End-user and ServicePerks, such as email, fax transmissions, telephone communications or other, in which you offer suggestions and/or comments for improving or altering our Site in any way will be deemed non-confidential and non-proprietary by Us, and You agree that such information provided may be used without any limitation whatsoever.
Modification of Terms
End-user shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of this Site and all charges related thereto. ServicePerks shall not be liable for any damages to the End-user’s equipment resulting from the use of our Site or and sub-domains owned and operated by Us.
ServicePerks provides consumers the opportunity to purchase products and services from third-party Merchants with a time limited promotional added value otherwise known as a Perk. Merchants offer these promotions in an effort to attract new customers in the ServicePerks community.
Purchasing a Perk
In placing an order for any given Perk, you are making an offer to purchase the Perk you have selected on the terms, restrictions and conditions associated with the Perk in exchange for goods or services. You are required to create an account in order to purchase a Perk so we can provide You with easy access to print your orders, view past purchases, modify your profile and to ensure permissible use of the Ticket.
The Ticket you purchase through ServicePerks is redeemable for goods or services by the Merchant. The Merchant, not Us, is the seller of the Ticket and the goods and services and is solely responsible for redeeming any Ticket you purchase. We sell Tickets that can be redeemed in connection with your purchase of the goods or services from the Merchant.
The Ticket represents two separate portions of the Perk. The first portion is equal to the amount your credit card is charged and similar to a paid gift certificate or the “Paid Portion”. The second portion which represents the Perk is the “Promotional Portion” which is given to you for a specified amount of time and is included with the Perk at no additional cost to You. The paid and promotional portions as a whole make up the Perk which comes in the form of a Ticket issued by ServicePerks. In the event that your Ticket is redeemed for less than the full amount stated on the Ticket, your purchase will be allocated first against the paid portion until it has reached a zero balance ($0) and then against the promotional portion that is remaining.
Terms of the Perks
Each Perk has specific terms associated with the Perk, which are presented to You at the time You commit to purchase a particular Perk. Specific terms related to each individual Perk supersede any inconsistent terms in this Agreement, except to the extent such terms are prohibited by applicable law.
For “Restaurants” or Merchants that offer food and beverage for sale in their regular business operations and are making such food available for purchasers in the form of Tickets these rules will apply:
• Redemption’s frequency to be determined by the Restaurant, and shall be included in the Ticket offer on the Site
• Alcoholic beverage sales must remain in compliance with the law and limits are at the discretion of the Merchant
• Tickets may not be combined with any other offer unless otherwise specified by the Restaurant
• Tickets may not be used towards taxes, tips or prior balances unless specified by the Restaurant
• Valid for dine-in only unless otherwise specified by the Merchant
• All purchases of Tickets for Restaurants may have statutory limits on the amount of the Ticket that may be redeemed for alcoholic or intoxicating beverages.
ServicePerks’s role in the transaction is as a marketing agent for the Merchant Ticket, and the applicability and compliance with any relevant statute or code is solely determined and consummated by the Merchant, furthermore ServicePerks plays no role in determining such action on behalf of the Merchant
For Non-Restaurant Merchants offering goods or services in their regular business hours and are making such goods or services available for purchases in the form of Tickets these rules will apply:
• Tickets may be applied to only merchandise sold by the Merchant and may not be applied to shipping or handling charges
• Limited to only one (1) Ticket redemption per order unless otherwise specified by the Merchant
Additional rules that apply to all purchases in the form of Tickets are as follows:
• Restaurant credit is issued on the sole discretion of the Merchant unless required by applicable law
• Neither ServicePerks nor the Restaurant are responsible for lost or stolen Tickets
• Reproduction, sale or trade of Tickets are prohibited unless done so in compliance with applicable law
• Any attempt to redeem the Ticket not consistent with these Terms and Conditions will render the Ticket void
• Void to the extent prohibited by law
• If you redeem the Ticket for less than face value, you are only entitled to a credit or cash equal to the difference between face value and the amount you redeemed from the Merchant if required by law. You are only entitled to a continuing redemption value as noted above if the amount that you paid for the Ticket exceeds the amount you redeemed.
The issuer and holder of a Ticket, the Restaurant or Merchant shall be fully responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in part or in whole by the Restaurant or Merchant, as well as for any unclaimed property liabilities arising from unredeemed Tickets or portions thereof. You waive, and release ServicePerks and its officers, directors, employees and agents from, any claim, liabilities, damages or injuries arising from or related to any act or omission of the Merchant or Restaurant in connection with the Ticket or services or goods provided in connection therewith and/or as it relates to compliance with applicable unclaimed property and other laws relating to the redemption of the ticket or any portion Thereof. Tickets are redeemable in their entirety and on a one time basis only and may not be redeemed incrementally.
All expiration dates for Tickets are printed on the Ticket.
If a case arises where the expiration of the value of the Ticket (promotional value) has passed the date printed on the Ticket, according to applicable law under the law of jurisdiction in which the Merchant is located, then the Ticket shall expire as follows: the promotional portion of the Ticket will expire on the date printed on the Ticket. You should be allowed to redeem the cash value or purchase price of your Ticket up until either: the Ticket’s expiration date or the minimum length of time allowed by applicable law for a Ticket to expire. The Merchant is obligated to honor the Ticket in compliance with the law. In the event that you have an expired Ticket and would like to redeem it for the price you paid to acquire it, please contact the Merchant. The Merchant should allow such redemption if applicable law requires it, in the form of cash or credit towards purchases from the Merchant, and we have instructed the Merchant to do so. If the Merchant refuses to honor the Ticket before the legally permitted expiration date, then ServicePerks will refund the paid portion of your Ticket in the form of a credit for future Perks (presently known as “ServiceTokens”). In order to receive the credit you must provide the following information in writing to firstname.lastname@example.org: (1) identification of the Ticket and Merchant from whom you purchased the Ticket (2) a statement under penalty of perjury, that the Ticket has never been redeemed with the Merchant and (3) an explanation of your situation.
Responsibility of the Merchant
ServicePerks markets the Perks and acts as an agent in selling the Tickets on behalf of Merchants. The Merchant is the issuer of the Ticket. As issuer of the Ticket, it is the Merchant that shall be responsible for any and all injuries, illnesses, damages, claims, liabilities and costs suffered by or in respect of a customer, caused in whole or in part by the Merchant or its products and services as well as for any unclaimed property liability arising from the unredeemed or partially redeemed Ticket. By purchasing a perk, the customer acquires the right to print a Ticket issued by the participating Merchant and to use the Ticket according to its Terms and the Terms of this Agreement. Whether You choose to print and/or redeem the Ticket is within your sole control and at your sole discretion.
ServicePerks will provide a refund of the purchase price paid for by You for any Perk within three days after the purchase of a Ticket, provided the Ticket has not already been redeemed. After three days, We do not provide refunds unless you are unable to redeem a Ticket due to the relevant Merchant going out of business.
Promotion Terms & Conditions
Any sampling offer is only open to residents of the United States aged 18 and above. Employees (and their immediate families) of the Promoter and its agencies associated with this sampling offer are ineligible.
Sampling offer commences on date specified in accordance with promotion until commencement date specified in the promotion or until stock of the sample is exhausted (Offer Period).
To receive your FREE Gift, a claimant must register their information via an online form provided by ServicePerks.
Each gift card is worth the Ticket specific amount towards the purchase of goods or services from the participating Merchant, coupon holds no cash value, participation may vary. Gift card is not for sale. One card claim per household Each valid claim received during the Offer Period will receive one FREE Gift. The card will be sent to the claimant at the residential address set out in the claim. Please allow at least 3 weeks for receipt of your gift.
The Promoter’s decision is final & no correspondence will be entered into. No responsibility will be taken for late, lost, indecipherable or misdirected claims.
Any cost associated with accessing the promotional website is the claimant’s responsibility and is dependent on the internet service provider used. All entries are deemed to be received at the time of receipt by the Promoter and not at the time of transmission by the claimant.
To the fullest extent permitted by law, the Promoter (including its officers, employees and agents) excludes all liability (including negligence), for any personal injury; or any loss or damage (including loss of opportunity); whether direct, indirect, special or consequential, arising in any way out of the promotional offer, including, but not limited to, where arising out of the following: (a) any technical difficulties or equipment malfunction (whether or not under the Promoter’s control); (b) any theft, unauthorized access or third party interference; (c) any claim that is late, lost, altered, damaged or misdirected (whether or not after their receipt by the Promoter) due to any reason beyond the reasonable control of the Promoter. To the fullest extent permitted by law, the Promoter and any of their associated agencies shall not be liable for any loss, cost, damage, expense, personal injury, death or liability (including, but not limited to direct, indirect or consequential losses) that is suffered or incurred in connection with this promotional offer, or any act or omission (whether negligent or not) of the Promoter, and their associated agencies, or any person associated with any of them including their employees or agents or otherwise.
If the promotional offer is interfered with in any way or is not capable of being conducted as reasonably anticipated due to any reason beyond the reasonable control of the Promoter, the Promoter reserves the right, in its sole discretion, to the fullest extent permitted by law (a) to disqualify any claimant; or (b) subject to any written directions from a regulatory authority, to modify, suspend, terminate or cancel the sample offer, as appropriate.
The Promoter reserves the right to request claimants to provide proof of identity and residency at the nominated promotion delivery address. Identification considered suitable for verification is at the discretion of the Promoter.
The Promoter is ServicePerks
For inquiries about this gift offer, please contact us at email@example.com.
ServicePerks© is a registered trademark of the ServicePerks group of companies.
Disclaimer of Warranty
Limitations of Liability
YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF SERVICEPERKS. IN NO EVENT SHALL OUR LIABILITY, OR THE LIABILITY OF OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, VENDORS, OR MERCHANTS, FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SITE AND SERVICE EXCEED THE TOTAL AMOUNT OF FEES THAT YOU PAID US DURING THE PREVIOUS ONE-YEAR PERIOD FOR THE SPECIFIC SERVICE AT ISSUE. WE, OUR AFFILIATES, OFFICERS, DIRECTORS, AGENTS, MERCHANTS AND VENDORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON THE SITE AND SERVICES. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION OR ANY OTHER COMMERCIAL LOSSES OR DAMAGES, EVEN IF WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IF ANY JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTION, OUR LIABILITY, AND THE LIABILITY OF OUR AFFILIATES, DIRECTORS, VENDORS, OFFICERS, AGENTS AND MERCHANTS, SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You acknowledge and agree that We and Our licensors retain ownership of all intellectual property rights of any kind related to the Site and Services, including applicable copyrights, proprietary rights and trademarks. We are not granting any license to You under any of those intellectual property rights by virtue of this Agreement, except for the limited right to use the Site and Services in accordance with this Agreement. “ServicePerks” is our trademark. Other product and company names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to You in this Agreement.
The Content on ServicePerks, excluding all intellectual property of other sites obtained by way of API and linking and Content posted by our customers, is owned by ServicePerks. This includes, without limitation, software, the text, scripts, sounds, graphics, photos, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to ServicePerks, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where You reside, and and international conventions. Content provided by ServicePerks is provided to You “AS IS” for your information and personal use only and may not be used, modified, distributed, copied, reproduced, transmitted, sold, licensed, broadcast, displayed or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. We reserve all rights not expressly granted in and to the Services and Site.
As between You and Us, You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in Content that You post to the Site. You grant us an irrevocable, perpetual, fully paid, worldwide license, non-exclusive, royalty-free, with rights to sub-license through multiple levels of sub-licensees, to reproduce, make derivative works of, distribute, translate, publicly perform and publicly display in any form or medium, whether now known or later developed, sell, import, make, use, offer for sale, otherwise commercially exploit and exercise any and all such rights under any and all of your intellectual property rights related to the Content in any manner we choose. If you have any rights to the Content that cannot be licensed to us (such as moral rights in some countries), you unconditionally and irrevocably waive the enforcement of such rights, and all claims and causes of action of any kind against us or related to our customers and partners anywhere in the world, with respect to such rights.
We respect the intellectual property of others, and we ask you to do the same. If you are a copyright owner or an owner’s agent and find Content that infringes upon your copyrights, You may submit a notification according to the Digital Millennium Copyright Act. To do so, please provide our Copyright Agent with the following information (see 17 U.S.C 512(c)(3) for further detail) in writing: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact You, such as an address, telephone number, and, if available, an electronic mail; (5) 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 (6) 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. ServicePerks’s designated Copyright Agent to receive notifications of claimed infringement can be reached at firstname.lastname@example.org . You acknowledge that if You fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
You agree to defend, indemnify and hold harmless ServicePerks, its parent company, directors, officers, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable attorney’s fees) arising from: (i) your use of and access to ServicePerks; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, privacy right, or property; or (iv) any claim that any Content submitted by you causes damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of ServicePerks.
Reservation of Rights and Release
ServicePerks reserves the right, but has no obligation, to take any action, or monitor what ServicePerks deems appropriate regarding disputes that you may have with other customers of ours or any Merchants. To the extent the law permits, You release Us from any claims or liability related to any Content posted on the Site and from any claims related to the conduct of any other customers of ours or any Merchants. You hereby waive California Civil Code Section 1542 (if you are a California resident), and any similar provision in any other jurisdiction (if you are a resident of such jurisdiction), which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
The communications between you and ServicePerks use electronic means, whether you visit the Site or send Us emails, or whether ServicePerks posts notices on the Site or communicates with you via email. For contractual purposes, You (a) consent to receive communications from ServicePerks in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that ServicePerks provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in writing. The foregoing does not affect your non-waivable rights.
Contact Information and Dispute Resolution
Communications may be directed to: ServicePerks, 4809 Sheldon Dr. Virginia Beach, VA 23455; email@example.com; 757-774-7375. The laws of the Commonwealth of Virginia govern the interpretation of this Agreement and any disputes arising in connection with it, regardless of conflict of laws principles. Any claim or dispute between You and ServicePerks that arises out of or relates to this Agreement shall be decided exclusively by a court of competent jurisdiction located in the Commonwealth of Virginia.
ServicePerks may terminate this Agreement at any time. Without limiting the foregoing, ServicePerks shall have the right to terminate immediately and suspend any passwords or accounts of the End-user in the event of any conduct by the End-user or which ServicePerks in its sole discretion may find to be unacceptable, or in the event of any breach by End-user of this Agreement. Pertinent sections mentioned in this Agreement will survive the termination of this Agreement.
The Terms of Service and this Agreement set forth in this document constitute the entire Agreement of the parties with respect to the subject matter hereof. No waiver by either party or any default or breach hereunder is a waiver of any preceding or subsequent breach of default. The section headings used are for convenience purposes only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained within this Agreement. Furthermore, the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed as a waiver of forfeiture of any such rights or any rights provided hereunder.
ServicePerks and the aforementioned End-user are considered independent contractors, and nothing in this Agreement creates a partnership, agency or employment relationship.There are no third-party beneficiaries of this Agreement. You may not assign this Agreement or your rights and obligations hereunder or in whole or part to any third-party without Our prior written consent, furthermore any attempt to do so will remain invalid. You and ServicePerks agree that any cause of action arising out of or related to ServicePerks must commence within (1) year after the cause of the action accrues. Otherwise, such cause of action will be permanently barred.