Terms and Conditions
Last updated: February 24, 2020
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the https://perc.buzz website (“Site”), the information provided through the Site or the products sold through the Site (the "Service") operated by PR Caffeine LLC dba PERC (“PERC”, "us", "we", or "our").
Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who wish to access or use the Service.
You are responsible for paying the purchase price and any tax for your purchase as noted on the Site’s shopping cart or final sales page. Payments may be made in the currencies and via the payment methods specified on the Site’s shopping cart of final sales page. Prices displayed on the Site are exclusive of taxes. When you proceed to Purchase your product(s) or services, any sales, use or value added tax (where applicable) will be calculated on the total product value when possible. Please note that all taxes for the Purchases are your responsibility. We are not responsible for paying sales or use taxes on your Purchases through the Site.
If you wish to purchase any product or service made available through the Site ("Purchase"), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) provided in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. You agree to pay all charges resulting from your Purchase, including any unauthorized charges incurred prior to your notice to us of such charges.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
You shall be solely responsible for providing, maintaining and ensuring compatibility with the Site access requirements, all hardware, software, electrical or other physical requirements for your use of the Site, including without limitation, mobile devices, telecommunications and Internet service provider access, connections, links, web browsers or other equipment, programs and services required to access the Internet or the Site. You acknowledge and agree that from time to time the Site may be inaccessible or inoperable for any reason, including without limitation: (i) equipment malfunctions, (ii) periodic maintenance procedures or repairs; or (iii) other causes beyond our control. Additionally, because the Site is accessed via the Internet or a mobile carrier, you may have connection issues due solely to your own Internet or telecommunications service provider or other technological access requirements. We are not responsible for any third-party access requirements (e.g. your ISP).
Third Party Service Providers
You acknowledge that we contract with third party suppliers, licensors, developers, application and data hosting providers, wireless network services, payment processers, and other technology services providers to provide the Site’s functionality ("Third Party Providers"). For example, all user data and user content is stored at computer data centers operated and maintained by Third Party Providers. We are responsible for ensuring that the Third-Party Providers abide by the these Terms. We are solely responsible for monitoring and supervising all necessary work of the Third-Party Providers.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You shall be solely responsible for the security, confidentiality and integrity of all messages and the information that you receive, transmit or store via the Site and/or user account. If you elect to set up a user account on the Site, you are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your account or password. You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities,actions or charges that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
Except as otherwise permitted under these Terms, you shall not (and shall not assist any third party to): (a) decompile, disassemble, or otherwise reverse engineer or attempt to reconstruct or derive any source code (or underlying ideas, algorithms, structure or organization) from the Site, or from any other information by any means whatsoever; (b) distribute, disclose or allow use of any of the software in any format through any timesharing device, service bureau, network or by any other means, to or by any third party; or (c) modify or create a derivative work of the Site or the information or any portion thereof. As a visitor to the Site, you are prohibited from posting or transmitting any threatening, obscene, libelous, unlawful or otherwise offensive material. You may not use your user account to send any unsolicited communication (e.g., spam). You are not permitted to link the Site to any other website or off-site web pages without our prior written permission.
The Service and its original content, features and functionality are and will remain the exclusive property of PERC and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of PERC. This includes any and all types of information such as the "look and feel" of the Site, data files, graphics, text, photographs, drawings, logos, images, sounds, music, video or audio files on the Site. We try to ensure that the information on the Site is accurate and complete. You shall have no rights or interests therein except as set forth in these Terms. You acknowledge and agree that the products and services are sold by us and that we are solely liable and responsible for the products and services sold and information provided through the Site. You agree that you shall not remove, obscure, or alter any proprietary rights notices (including copyright and trademark notices) which may be contained within the products, the Site or the information provided therein.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by PERC
PERC has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that PERC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.
If you wish to terminate your account, you may simply discontinue using the Service.
All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You agree to defend, indemnify and hold harmless PERC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms, except to the extent such liability is caused by the gross negligence or intentional misconduct of PERC,.
Limitation Of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL PERC, NOR ITS DIRECTORS, EMPLOYEES, MEMBERS, AGENTS, THIRD PARTY PROVIDERS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR DAMAGES WHATSOEVER RESULTING FROM ANY LOSS OF USE, LITIGATION, OR OTHER PECUNIARY LOSS, IINCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SITE OR FAILURE TO MAKE AVAILABLE ANY PRODUCTS, SERVICES OR INFORMATION PROVIDE THROUGH THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. WE SHALL BE LIABLE ONLY TO THE EXTENT OF VERIFIABLE, ACTUAL DAMAGES INCURRED BY YOU DIRECTLY RELATED TO THE PURCHASE AND NOT TO EXCEED THE PURCHASE PRICE. Any claims arising in connection with your use of the Site, any information, or the products or service must be brought within one (1) year of the date of purchase. Remedies under these Terms are exclusive and are limited to those expressly provided for in these Terms. If you are dissatisfied with the Service, your sole and exclusive remedy shall be the limited refund right or for you to discontinue use of the Service.
Limitations On Liability For Third Party Providers
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOU HAVE NO CONTRACTUAL RELATIONSHIP WITH ANY OF OUR THIRD PARTY PROVIDERS, AND THAT YOU ARE NOT A THIRD PARTY BENEFICIARY OF ANY AGREEMENT BETWEEN PERC AND ANY THIRD PARTY PROVIDER. IN ADDITION, YOU ACKNOWLEDGE THAT ALL SUCH THIRD PARTY PROVIDERS SHALL HAVE NO LEGAL, EQUITABLE, OR OTHER LIABILITY OF ANY KIND TO ANY USER, AND YOU HEREBY WAIVE AND DISCLAIM ANY AND ALL CLAIMS OR DEMANDS OF SUCH NATURE. OTHER THAN ANY EXPRESS WARRANTY, YOU ACKNOWLEDGE AND AGREE THAT ANY THIRD PARTY PROVIDERS HAVE NO OBLIGATION FOR ANY WARRANTY, EXPRESS OR IMPLIED OF ANY KIND WHATSOEVER (INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO THE PRODUCTS AND SERVICES AND/OR INFORMATION PROVIDED UNDER THE SITE. YOU FURTHER ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE THIRD PARTY PROVIDERS SHALL HAVE NO WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE PRODUCTS AND SERVICES AND/OR INFORMATION PROVIDED, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
Any website accessibility services will be performed, and related products shall be developed and delivered, in a manner that is consistent with current industry standards to assist you in complying with applicable accessibility requirements, including the Americans with Disabilities Act (“ADA”).
We do not provide legal advice, and no service or product provided by PERC shall be considered to be legal advice. We are not responsible for any claim or allegation a third party may make regarding your website or other technology. For legal conclusions or advice we recommend you seek advice from qualified legal counsel.
The information provided through the Site is believed to be accurate, but neither we nor our Third Party Providers warrant or guarantee such accuracy. THE INFORMATION AND THE PRODUCTS AND SERVICES, INCLUDING WITHOUT LIMITATION ALL PRICES AND SPECIFICATIONS FOR PRODUCTS AND SERVICES, PROVIDED THROUGH THE SITE ARE SUBJECT TO CHANGE WITHOUT NOTICE.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.
WE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DISCLAIM AND SHALL HAVE NO OTHER WARRANTY OBLIGATION WHATSOEVER WITH RESPECT TO THE SERVICE, AND ANY OTHER CLAIMS, LOSSES, LIABILITIES, DAMAGES, COSTS OR EXPENSES ATTRIBUTABLE TO ANY FAILURE TO CONFORM TO ANY WARRANTY UNDER THESE TERMS WILL BE SOLELY AS PERMITTED UNDER THESE TERMS.
PERC ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS, OR E) THE PRODUCTS ARE COMPLIANT WITH THE ADA.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Minnesota, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
We make no claims regarding our Site or the products or services outside of the United States. If you access the Site from outside the United States, you do so at your own risk and you are responsible for compliance with the laws of such jurisdiction.
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.
By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.
If you have any questions about these Terms, please contact us at [email protected]
Copyright © PR Caffeine LLC d/b/a PERC 2020. All rights reserved.