TERMS OF USE
We welcome you to Perkitz.com and ask you to review these Terms of Use.
Service Description
Local Marketer, Inc. (“LMI”) is a location based marketing company that has developed a web-based technology enabling small businesses and other entities (“Vendors”) to target their special offers, advertisements, promotions, and discounts (“Promotions”) to specific groups, including corporations, schools, sports leagues, associations, and residential communities (“Communities”) in their area by creating, managing, and distributing Promotions using the Perkitz.com website (“Website”).
By using the Website or any services or information offered herein (collectively, “Services”), you agree to be bound by these Terms of Use (“Terms”). You must read and accept all of these Terms and the Privacy Statement [LINK]. If you do not agree to be bound by these Terms, you may not use the Services.
Modification of Agreement
We reserve the right to modify these Terms or the Privacy Statement from time to time, without notice and in our sole discretion, by publishing or displaying (“posting”) amended Terms to this website. You are responsible for regularly reviewing these Terms so that you will be apprised of any changes. Your continued use of the Services indicates your acceptance of the amended Terms.
License to Use the Services
LMI grants you a limited, nonexclusive, revocable license to access and use the Services for their intended purposes, subject to your compliance with these Terms. This license does not include the right to collect or use information contained on the Website for purposes prohibited by LMI, to compete with LMI, to create derivative works based on the content of the Website, or to download or copy the Website (other than page caching). If you use the Services in a manner that exceeds the scope of this license or violates these Terms, LMI may revoke the license granted to you.
LMI’s Proprietary Rights
LMI solely and exclusively owns all title and interest in and to all copyright, patent, trade secret, trademark, moral, termination, authorship and authorship, right of publicity, and other proprietary rights (collectively “Intellectual Property Rights”) in the features and components of the Services. For example, and without limitation, LMI owns the trademarks PERKITZ and PERKITZ.COM, the copyrights in and to the Website, and certain technology used in providing the Services. All features and components of the Services are protected by applicable intellectual property and other laws. You will not acquire any right, title, or interest therein under these Terms or otherwise. Except for information that is in the public domain, or for which you have obtained express and written authorization from LMI, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.
By posting any Promotions, or any other data, text, information, graphics, photos, audio or video clips, links, or other content (collectively, “Content”) on or through the Website, you automatically grant to LMI a worldwide, non-exclusive, sub-licensable, transferable, royalty-free, perpetual, and irrevocable right to reproduce, copy, distribute, create derivative works of, and display such Content.
Vendor Obligations
You represent and warrant to LMI that all information posted or provided by you, including all information you provide to your authorized LMI reseller (“Authorized Reseller”) is true, accurate, complete, and not misleading. You agree to regularly update this information so that it remains true, accurate, complete, and not misleading.
To the extent that you acquire consumer email addresses or other personally identifiable information (“Customer Information”) from Users who respond to Promotions or who otherwise contact you as a result of their use of the Website, you agree that: (a) you will not use such Customer Information in any activity that involves the transmission of “junk mail,” “chain letters,” or unsolicited mass mailing or “spamming;” (b) you will only use such information in compliance with all applicable laws and regulations, including, without limitation, the CAN-SPAM Act of 2003, the Telephone Consumer Protection Act, 47 U.S.C. § 227, the Telemarketing Sales Rule, 16 C.F.R. pt 310 (2004), and all other laws and regulations governing email marketing and telemarketing; and (c) you will protect the privacy of the consumers who disclose Customer Information using measures no less robust than those described in the Privacy Statement.
Appropriate Content and Conduct
You understand and agree that LMI may review and delete any Content that, in the sole judgment of LMI, violates these Terms, or which might be offensive or illegal, or that might threaten the safety of, violate the rights of, or otherwise harm others using the Services (each a “User”). You are solely responsible for the Content that you post on the Website or transmit to other Users.
If any Content you post on the Website contains links to other websites, you represent and warrant that you have the right to post that link or have obtained permission from the applicable website owner to do so.
LMI may, but shall have no obligation to, remove Content that we determine in our sole discretion is unlawful, fraudulent, threatening, libelous, defamatory, obscene, or otherwise objectionable, or that infringes or violates any party’s Intellectual Property Rights or these Terms. Such illegal or unauthorized Content includes Content that:
- is patently offensive to other Users, such as Content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual;
- harasses or advocates the harassment of another person;
- promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous;
- promotes or contains an illegal or unauthorized copy of another person's copyrighted work;
- displays pornographic or sexually explicit material of any kind; and
- provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18.
Other illegal or unauthorized uses of the Services include, but are not limited to:
- modifying, adapting, translating, or reverse engineering any portion of the Website;
- using any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Website or information contained therein;
- collecting any information about other Users (including usernames or email addresses) for unauthorized purposes;
- submitting any Content that falsely expresses or implies that it is sponsored or endorsed by LMI;
- authorizing any other person to use your membership;
- submitting Content that infringes, misappropriates, or violates the Intellectual Property Rights of any party; or
- transmitting any viruses, worms, defects, Trojan horses, or other items of a destructive nature.
We reserve the right to investigate and take appropriate legal action in our sole discretion against anyone who violates this section, including, without limitation, removing the offending Content from the Website and terminating the access of such violators. Even though all of this is strictly prohibited, there is a small chance that you might become exposed to such items and you further waive your right to any damages related to such exposure.
Display of Website Content
Though LMI will consider positioning and scheduling requests, LMI reserves the right to position and schedule Promotions in LMI’s sole discretion. LMI makes no guarantees regarding the number of Users who will view Promotions. LMI reserves the right to edit, reject, or cancel any Promotion or position commitment at any time. In addition, LMI may reject any URL link embedded in any Promotion.
Disputes with Communities
You are solely responsible for your interactions with Communities and Community members. LMI reserves the right, but has no obligation, to monitor disputes between you and any Community or Community member related to a Promotion you post on the Website.
Copyright Policy
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without first obtaining the prior written consent of the owner of the Intellectual Property Rights in such material.
Without limiting the foregoing, if you believe that your work has been copied and posted on the Website in a way that constitutes copyright infringement, please provide us with the following information: (1) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (2) a description of the copyrighted work that you claim has been infringed; (3) a description of where the material that you claim is infringing is located on the website; (4) your address, telephone number, and email address; (5) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (6) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. For claims of copyright infringement, LMI can be reached as follows:
Local Marketer, Inc.
5624 Mountain Oak Dr.
Braselton, GA 30517
Privacy Statement
Our collection and use of information provided by you or your Authorized Reseller is governed by our Privacy Statement. Please click here to review our Privacy Statement [LINK]. You understand and agree that LMI may access, preserve, and disclose your personal information and any Content you post if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to comply with legal process or protect the rights and property of LMI, its affiliates or the public. Additionally, by posting any Content to the Website, you acknowledge that other Users will be able to view that Content.
General Disclaimers
LMI is not responsible for any incorrect or inaccurate Content posted on this website or in connection with the Services, whether posted by Users of this website, or by any equipment or programming associated with or utilized in connection with the Services.
LMI is not responsible for:
- the conduct, whether online or offline, of any User;
- any problems caused by the technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, and/or email service;
- any problems due to traffic congestion on the Internet or at any website; or
- any injury or damage to any Users’ or to any other person's computer related to or resulting from participating or downloading materials in connection with the website or the Services.
Under no circumstances will LMI be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of this website or the Services, any Content posted on this website or transmitted to Users, or any interactions between Users of this website, whether online or offline.
The Website or any part thereof may be temporarily unavailable from time to time for maintenance or other reasons. LMI cannot guarantee and does not promise any specific results from use of this website and/or the Services. No advice or information, whether oral or written, obtained from LMI or through or from the Services shall create any warranty not expressly stated herein.
Information regarding Communities, such as Community population, is dynamic in nature. LMI updates information about Communities every six months and makes an effort to ensure such information is reliable and accurate, but cannot guarantee the reliability or accuracy of any of this information.
Any links included within the Website that take Users out of the Website are not under the control of LMI and LMI shall not be responsible for the content of any linked website or any link contained in a linked website. All such sites shall be subject to the policies and procedures of the owner of such site. LMI encourages you to read those policies and know your rights.
LMI shall not be liable for your interactions with any organizations and/or individuals found on or through the Services. This includes, but is not limited to, payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings. These dealings are solely between you and such organizations or individuals. You agree that LMI is not responsible for any damage or loss incurred as a result of any such dealings. LMI is under no obligation to become involved in disputes between Users. In the event of a dispute, you release LMI, its officers, employees, agents and successors in rights from claims, damages and demands of every kind, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and our Services.
Disclaimer of Warranties and Limitation of Liability
LMI uses reasonable care in the presentation and posting of Content on this website. However, LMI makes no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked to this website. BY USING THIS WEBSITE, YOU AGREE THAT THE MATERIALS AND INFORMATION FOUND ON THIS SITE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY FOR INFORMATION, SERVICES, QUIET ENJOYMENT, NON-INFRINGEMENT, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THIS SITE AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY OR NON-INFRINGEMENT, MERCHANTABILITY OF COMPUTER PROGRAMS AND INFORMATIONAL CONTENT.
By using this website, you agree that you, and not LMI, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Services. Under no circumstances will LMI, its employees, affiliates or any Authorized Reseller be liable for any damage caused by reliance on information obtained through the Website or any other use of the Services.
LMI DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONS OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL LMI, ITS EMPLOYEES, AFFILIATES OR ANY AUTHORIZED RESELLER BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF LMI OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. IN NO EVENT SHALL LMI’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
Hold Harmless and Indemnity
You agree to hold harmless and indemnify LMI from and against any third party claim arising from or in any way related to your use of the Services, including any loss, cost, expense, damage, liability, or alleged liability (including costs of court and reasonable attorneys’ fees) related to or arising from or in connection with (a) the breach of any provision of these Terms by you, (b) the violation or alleged violation of any law with respect to your use of the Website or the Services, (c) any actual or alleged infringement of any Intellectual Property Right or other right of any third party arising from or relating to your use of the Services, or (d) any allegation that Content posted by you is libelous or infringes the contractual or any other right of any other party.
Term and Termination
This Agreement will remain in full force and effect while you use any part of the Services. LMI may terminate this Agreement and/or deny access to the Services if you are in material breach of this Agreement or any agreement with your Authorized Reseller.
Miscellaneous
These Terms will be governed by and construed in accordance with the laws of the State of Georgia, without giving effect to its conflict of laws provisions or your actual state of residence. The parties agree to submit to the personal and exclusive jurisdiction of the courts located in Fulton County, Georgia.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms to be unenforceable, the remainder of the Terms will continue in full force and effect.
You may not broker, resell, assign or transfer any of your rights or obligations under this Agreement.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between LMI and any User of this website.
These Terms constitute the entire agreement between you and LMI with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. Any waiver of any provision of these Terms by a party will be effective only if in writing and signed by a party.