TERMS & CONDITIONS
Terms of Service
The following terms of service relate to your use of the PerksExpress.com website. Please read carefully as they govern your use of the site and all services offered through the site.
1. TERMS ACCEPTANCE
Thank you for using PerksExpress.com, or the (“Site”). The Site is owned and operated by Perks Express Inc., and all references to PerksExpress.com include its entities, affiliates, websites and subsidiaries.
PerksExpress.comprovides the services offered on the Site subject to the Terms of Service (‘TOS‘) contained herein, which may have occasional updates without notice to you. You can review the most up-to-date version of the Site’s TOS by visiting the Terms of Service drop-down, under the Help & Info tab.
By using PerksExpress.com, you agree and consent to be bound by these TOS and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Site. If at any time you become dissatisfied with the TOS, you agree that your sole and exclusive remedy is to discontinue using the Site and Services (as defined below). The laws of the State of Delaware will govern the TOS without giving effect to any principles of conflicts of laws.
2. SERVICES OFFERED BY PerksExpress.com
PerksExpress.com provides users with services including: Perks and Discount portal; Mobile Access tools, (each a ‘Service’ and collectively, ‘Services’). You hereby acknowledge that the Service may include advertisements from third parties unrelated to PerksExpress.com. You further understand and acknowledge that in providing the Services, PerksExpress.com may, at its sole discretion, communicate via email, newsletters, service announcements (can opt out), administrative messages and other modes of communication. When added, all new Services shall be subject to this TOS. As described herein, all Services are provided to you on an “as-is” basis and PerksExpress.com assumes no responsibility for your use of the Services and Content. By using the Services, you acknowledge that you are responsible for obtaining your own access to the Site and Services, including any third-party fees (i.e. equipment fees, Internet service provider or any airtime charges).
3. USE OF THE SITE AND ANY SERVICES
The Site and Services are intended for your personal, noncommercial use in accordance with these TOS. By using the site, you agree that you will not copy, display or distribute any part of the Site, including content provided by third parties, in any medium, without Perks Express, Inc. prior written consent.
You also agree that you will not use any automated devices such as spiders, robots or data mining techniques to catalog, download, store or otherwise reproduce, store or distribute Content available on the Site or to exceed the access granted to you by WCInt.com.
Any Illegal and/or unauthorized use of the Site and Services is a violation of this Agreement, and PerksExpress.com reserves the right to take legal action for any such violation to the full extent permitted by law.
4. ADVERTISEMENTS AND OPT-INS
PerksExpress.com does not accept financial incentives in exchange for favorable reviews or commentary. This Site may display advertisements. The opinions of advertisers in no way reflect the opinions of Perks Express Inc. From time to time, this Site may provide news, commentary, or analysis that includes the products of advertisers on This Website. Such news, commentary, and analysis should not be construed as endorsing the products of advertisers.
All information obtained via advertisements contained on this Site should be confirmed from an independent source or the advertiser’s own website and/or Prospectus. Users should contact advertisers directly with specific questions about that entity’s funds, services, or products. Perks Express Inc.is in no way responsible for any losses a user incurs as a result of any investments made in any products of an advertiser or any investment advice taken from an advertiser.
5. REGISTRATION AND ACCESS TO SITE
You do need to be a registered user to access most areas of the Site. To utilize some of the Services offered on the Site, PerksExpress.comrequires you to register and create an account (“User Account”). If you are requested by PerksExpress.comto provide information in connection with a registration process and creating a User Account or in the use of any Services, your use of the Services shall be conditioned upon providing such information, and in such event you agree to provide true, accurate, current and complete information as prompted by the Service’s interface, and you agree to update such information as necessary from time to time to keep it true, accurate, current and complete.
You may provide certain Content (as defined below) and other information to be posted within areas of the Site (collectively “User Information”).
6. SITE SECURITY
Member areas are protected with up to 256-bit Secure Sockets Layer encryption (SSL). If you register for the Site and Services and create a User Account, you will be provided a username and password for such User Account. You acknowledge that you are responsible for maintaining the confidentiality of the password as well as any and all activity that occur under your User Account and password and that you will not share it. You agree that at the end of each session using the Site and Services, you will exit your User Account. In the event of any unauthorized use of your password and/or User Account, you agree that you will immediately notify support@PerksExpress.com. PerksExpress.comcannot and will not be liable for any and all losses or damages arising from your failure to comply with this Section.
Under no circumstances should any user ever share or post any personally identifying information such as their account password, full name, home address, phone number or e-mail address in any public area. Authorized representatives of PerksExpress.com will never ask you for your password and under no circumstances should you disclose it to anyone.
7. BUSINESS SUBSCRIPTIONS
Annual memberships are offered to Businesses. Annual subscription will automatically renew unless previously cancelled by you. You will be notified by PayPal or by Perks Express, Inc. when your subscription is about to renew and a payment for your next term (annual membership fee) is due.
Cancellation of Membership from PerksExpress.com.
- If you’re an Annual member, you may receive a pro-rated amount for the term remaining along with cancellation of your membership and cancellation of any auto-renewal for subsequent years. No partial month refund will be provided.
- Businesses must email Support@PerksExpress.com or contact us at 855-924-7424.
Your subscription will continue for the period referenced during registration (the “Term”), and renew automatically at the end of the Term, if you have made that option choice.
If you want to change the auto-renewal option, please contact us at support@PerksExpress.comand request further information on how to enact this request. If you do not stop Auto-renewal, then your subscription will be billed automatically to the credit card account you designated during the registration process (or subsequently changed).
You agree to pay all fees and charges incurred in connection with your Businesses membership (including any applicable taxes) at the rates agreed upon in written form. You agree to pay all amounts due upon Invoice. In the event we have to collect unpaid amounts you owe us,you will be liable for all of our attorneys’ and collection agency fees.
8. MEMBER CONDUCT
You acknowledge that PerksExpress.comdoes not control the Content posted via the Services and does not guarantee the accuracy, integrity or quality of such Content.
You agree that you will not use the Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, pornographic or contains nudity, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, excessively violent, abusive, fraudulent or otherwise objectionable;
- cause harm minors in any way whatsoever; upload, post, email, transmit or otherwise make available any Content that could infringe upon any copyright, trademark, publicity or privacy right or any other intellectual property right of any person or entity unless you have first received permission from the owner of those rights to use such Content;
- impersonate any person or entity, including a PerksExpress.comemployee or agent, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges;
- interfere with or disrupt the Services or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
- intentionally or unintentionally violate any applicable local, provincial, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- “stalk” or otherwise harass another; collect or store personal data about other users in connection with the prohibited conduct and activities set forth above; and/or register on behalf of another person or use another’s account or post private information about third parties;
and/or solicit personal information from others such as passwords or other Site account information.
9. LICENSE TO USE CONTENT SUBMITTED BY USERS
PerksExpress.comdoes not claim ownership of the content uploaded, posted, transmitted or otherwise made available by you via the Services. By submitting Content via the Services and until such content is removed, you grant PerksExpress.co man irrevocable, perpetual, transferable, sub licensable, worldwide, royalty-free, and non-exclusive license to use, distribute, reproduce, modify, adapt, publish, publicly perform, publicly display and make derivative works from such content.
10. 3rd Party LINKS
Through the Site and Services, PerksExpress.com may provide, or third parties may provide, links to other websites, white papers or resources. PerksExpress.com has no control over such sites and resources. Therefore, you acknowledge and agree that PerksExpress.com is not responsible for the availability of such external websites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. In addition, you acknowledge and agree that PerksExpress.com shall have no responsibility or liability whatsoever 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 website or resource.
You enter other websites at your own risk and are highly advised to review their terms of service, privacy policies and other use agreements.
11. SUGGESTIONS, IDEAS AND RECOMMENDATIONS TO PERKSEXPRESS.COM
By submitting suggestions, ideas, recommendations and/or proposals (collectively “User Suggestions”) to PerksExpress.comthrough email, forums, web pages or web forms, you acknowledge and agree that:
(a) Your User Suggestions do not contain confidential or proprietary information;
(b) PerksExpress.comis not under any obligation of confidentiality, express or implied, with respect to User Suggestions;
(c) PerksExpress.comshall be entitled to use or disclose (or choose not to use or disclose) such User Suggestions for any purpose, in any way, in any media worldwide;
(d) PerksExpress.commay have something similar to the User Suggestions already under consideration or in development;
(e) Your User Suggestions automatically become the property of PerksExpress.comwithout any obligation of PerksExpress.comto you; and
(f) You are not entitled to any compensation or reimbursement of any kind from PerksExpress.comunder any circumstances for any User Suggestions.
You agree to defend, indemnify and hold harmless PerksExpress.com, its affiliates, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
(a) Your use of and access to the Services;
(b) Your violation of any of these TOS;
(c) Your violation of any third party right, including without limitation any copyright, property, or privacy right; or
(d) Any claim that any Content uploaded, posted, transmitted or otherwise made available by you via the Services caused damage to a third party. This defense and indemnification obligation will survive these TOS and your use of the Services.
13. TERMINATION OF SERVICES
PerksExpress.com reserves the right to terminate your access to and/or use of the Services and remove and discard any Content at any time for any reason, including without limitation any failure to comply with any part of these TOS. PerksExpress.com also reserves the right to discontinue providing all or part of the Services. You agree that any termination of your access to or use of the Service and any discontinuation by PerksExpress.com in providing the Services may be effected without notice to you and that PerksExpress.com shall be under no obligation to retain any content, provide any further access to any content or return any content to you.
You agree that PerksExpress.com shall not be liable to you or any third-party for any such termination or for any interruption or discontinuation of the Services.
14. DISCLAIMER OF WARRANTIES
You expressly understand and agree that:
(a) Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis. PerksExpress.comexpressly disclaims all warranties, representations and guarantees of any kind, whether express or implied, statutory or otherwise, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, to the full extent permissible under the law;
(b) PerksExpress.comwill make reasonable efforts to maintain the services, however, PerksExpress.comis not responsible for any damage, loss of data, content or information, revenue, or other harm arising out of delays, miss-delivery or non-delivery of information, restriction or loss of access, bugs, viruses or other errors, unauthorized use, or other interaction with the services. You are responsible for maintaining and backing-up your data and information that may reside on the services. PerksExpress.comdoes not warrant that
- The services will meet your specific requirements,
- The services will be uninterrupted, timely, secure, or error-free,
- The results that may be obtained from the use of the services will be accurate or reliable,
- The quality of any products, services, information, or other material purchased or obtained by you through the site and services will meet your expectations, and any errors in any software used in connection with the services will be corrected;
(c) Any material downloaded or otherwise obtained through the use of the services is done solely at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data or content that results from the download of any such material; and
(d) No advice or information, whether oral or written, obtained through or from the services shall create any warranty not expressly stated in these terms.
15. LIMITATION OF LIABILITY
You expressly understand and agree that PerksExpress.comshall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, damage to property, personal injury, goodwill, use, loss of reported earnings, data or other intangible losses (even if PerksExpress.comhas been advised of the possibility of such damages), however and whenever arising, and regardless of the theory of liability, including without limitation any such damages relating to:
- The use or the inability to use the services;
- The cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the service;
- Unauthorized access to or alteration of your transmissions or data;
- Statements or conduct of any third party on the services; or
- Any other matter relating to the services.
Certain jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.
PerksExpress.com may provide you with notices, including those regarding changes to this TOS by email, postal mail or postings on the Service. For the avoidance of doubt, the TOS may be updated from time to time without notice to you.
17. INTELLECTUAL PROPERTY & TRADEMARKS
You hereby acknowledge that except for Content submitted by users of the Site and Services and other third parties, PerksExpress.comis the sole owner of all text, messages, information, software, scripts, images, graphics, audio, video, interactive features, and the like contained on the Site (“PerksExpress.comcontent”). PerksExpress.comowns all proprietary rights, including but not limited to trademarks and copyrights in the PerksExpress.comcontent and its selection, organization, and arrangement. PerksExpress.comcontent is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed or otherwise exploited. If you download or print any PerksExpress.com content for personal use, you shall retain all copyright and other proprietary notices contained therein.
The PerksExpress.com logos, trademarks and service marks and other PerksExpress.com logos, product names, images and service names (“PerksExpress.com Marks”) are trademarks of Perks Express Inc. You agree that you will not display or use the PerksExpress.comMarks in any manner whatsoever without our prior consent.
18. PROCEDURES FOR MAKING A CLAIM OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
PerksExpress.com takes protecting copyright seriously. If you believe that Site content is being displayed in violation of your copyrights, please immediately notify PerksExpress.com by sending an email to support@PerksExpress.com.
19. VIOLATIONS OF TOS
Please report violations of this TOS by contacting us. Where a Service provides you with the ability to flag content as inappropriate, you may notify us of violations of these TOS by utilizing such functionality.
20. MEMBER DISPUTES
If you have a dispute with one or more users of the Site and Services, you hereby release PerksExpress.com from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code 1542, which says: “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.”
21. MISCELLANEOUS DETAILS
Force Majeure – PerksExpress.comshall not be liable for delay, termination or diminution in the Site or Service if the same is caused by conditions beyond a PerksExpress.comreasonable control, including but not limited to, governmental action, terrorist act, riot, insurrection, fire, flood, accident, earthquake, electrical outage, telecommunications line failure, Internet outages, computer viruses, denial-of-service attacks, network failure, explosion, embargo, strike, labor or material shortage, transportation interruption, work slowdown or an act of God.
Entire Agreement / Amendments – This Agreement constitutes the entire understanding between the parties with respect to the subject of the Agreement. Notwithstanding the foregoing, these TOS may be modified from time to time by PerksExpress.comwithout notice to you. You can review the most up-to-date version of the site’s TOS by visiting the TOS page.
Waiver and Severability – The failure of PerksExpress.comto exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
Statute of Limitations – You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Governing Law – This Agreement shall be construed and interpreted under the substantive laws of Barbados, without regard to the choice of law provisions of any jurisdiction. This Agreement shall be enforced in the courts of Delaware.
Entire Agreement – This document contains the entire understanding and agreement between you and PerksExpress.com with regard to your use of the Services. Notwithstanding the foregoing, you acknowledge that you may be subject to additional terms and conditions that may apply when you use or purchase other services from PerksExpress.com and/or third parties.
The Site is directed solely to individuals residing in jurisdictions in which provision of the Site’s content is legal. We make no representation that materials provided on the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent applicable. We reserve the right to limit the availability of the Site to any person, geographic area, or jurisdiction we so desire, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide.
22. QUESTIONS OR COMMENTS?
If you have questions or suggestions, please complete the form on our Contact Us page or write us at: Perks Express Inc., P.O. Box 15054, Newark, Delaware 19711.
Version 1.1 effective January 1, 2018
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