Terms & Condition
Please read this Agreement carefully to ensure that you understand each provision. This Agreement contains a mandatory individual arbitration and class action/jury trial waiver provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions.
IF YOU DO NOT AGREE TO THIS AGREEMENT IN ITS ENTIRETY, YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY PRODUCTS OR SERVICES, OR THIS SITE IN ANY MANNER OR FORM.
Permar allows Users to access, create, operate, and maintain landing pages and web pages (“User Page” or “User Pages”) and to use any and all Services being made available through the Site for our Users’ marketing campaigns.
2. Permar Services
2.1 Use of the Site and Services
Permar is granting you the limited, revocable, non-exclusive, non-transferable right and license to access and view the Site and use the Services provided that you are of legal age to form a binding contract in your applicable jurisdiction. Any use or access of the Site and/or any Services by Users under the age of thirteen (13), or such minimum age as required under applicable law, is strictly prohibited and in violation of this Agreement. When viewing and accessing the Site and using any of the Services, you agree to comply with all applicable laws, rules, and regulations regarding online conduct and acceptable content, including applicable laws regulating the export of data to and from your country of residence. You agree that you are responsible for your own conduct when accessing and using the Site and Services, and for any consequences thereof. You understand that by visiting and accessing the Site, you may be exposed to content that you may consider to be offensive, objectionable, indecent, or inappropriate. You agree that visiting and accessing the Site and/or using any of the Services is at your own risk. The Services are not available to any Users who have been suspended or restricted from accessing and using the Services due to: (i) the User’s prior violation of any terms and conditions of this Agreement; (ii) the User’s prior violation of any applicable laws, rules, or regulations when accessing and using the Site and/or Services; and/or (iii) the User’s prior violation of any policies and guidelines established by Permar when accessing and using the Site and/or Services. Permar reserves all rights not expressly granted herein. Permar may terminate the licenses being granted to you at any time for any reason or no reason.
2.2 Site and Services Availability
Permar uses reasonable endeavors to ensure that the Site and Services are available twenty-four (24) hours a day seven (7) days a week. However, there will be occasions when the Site and/or Services will be interrupted for maintenance, upgrades and emergency repairs or due to failure of telecommunications links, systems, and equipment that are beyond the control of Permar. Every reasonable step will be taken by us to minimize such disruption where it is within the reasonable control of Permar. You agree that Permar shall not be responsible or liable to you for the deletion or failure to make available any content, Services, and other communications maintained or transmitted through the Site and/or Services, or any modification, suspension or discontinuance of the Site and/or Services. You acknowledge that Permar reserves the right, in its sole discretion, to limit your ability to access and use the Site and/or Services, or any other resources or content made available on the Site and/or through the Services. Permar reserves the right to terminate, suspend, or limit or modify certain features or functionality of the Site and/or Services in its sole discretion. Your continued use of the Services following any changes to the Services shall constitute your acknowledgment and acceptance of such changes.
2.3 Permar Accounts
(i) In order to access the Services, you will be required to establish a Permar user account (the “Permar Account”). We may offer and maintain different types of Permar Accounts for different types of Users with different features and functionality. If you create a Permar Account on behalf of a company, organization, or other entity, then: “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to this Agreement. By connecting to the Services through a third-party service provider, you give us permission to access, use, and to store certain information about you that is obtained from that third-party service provider, and as permitted by such service provider. Such information may include, without limitation, your log-in credentials for that service provider.
(ii) You are not permitted to use another User’s Permar Account without permission. When creating your Permar Account, you must provide accurate and complete information, and you must keep this information up to date. You are solely responsible for the activity that occurs on your Permar Account, and you must keep your Permar Account password secure. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your Permar Account. You must notify Permar immediately of any actual or suspected breach of security or unauthorized use of your Permar Account. Permar will not be liable for any damages caused or losses incurred by any unauthorized access and/or use of your Permar Account. If you wish to share your Permar Account login credentials (username and password) to allow others to gain access to your Permar Account, you agree that BY SHARING YOUR Permar ACCOUNT USERNAME AND PASSWORD, YOU AGREE TO BE RESPONSIBLE FOR ASSURING THAT ANY USERS OF THE Permar ACCOUNT COMPLY WITH THE TERMS OF THIS AGREEMENT AND THAT YOU SHALL BE RESPONSIBLE FOR THE ACTIONS OF ITS Permar ACCOUNT USERS.
2.4 Administrator Accounts
The person who creates a Permar Account registration on behalf of any company, entity or organization (“Subscribing Organization”) is the initial “Administrator“ for purposes of such Subscribing Organization’s use of the Services, and exercises certain options to initially determine the level of access, privacy, and security for use of the Services related to the Subscribing Organization . For example, the Administrator will determine who can be a User of the Services under the organization associated with that Administrator and Subscribing Organization and the level of privileges that such Users will possess. Once the Permar Account has been created and the initial registration has been completed, each Subscribing Organization will be able to register additional Administrators. Each Administrator may designate other Users as additional and/or successor Administrators; provided that, each Administrator is responsible for confirming that those person(s) accept such responsibility. Upon becoming an Administrator, each person will be deemed to have agreed to the terms and conditions of this Agreement and to the obligations hereunder. In addition, any person designated as the billing contact in the billing record for a Subscribing Organization will be deemed to assume the rights and obligations of an Administrator.
2.5 Permar Rules
2.6 User Pages
2.7 Responsibilities for Calls and Messaging
To the extent applicable to your use of the Service, you shall at all times comply with the CAN SPAM Act of 2003, the Telephone Consumer Protection Act (47 U.S.C. §227), the Do-Not-Call Implementation Act and the Do-Not-Call list registry rules (www.donotcall.gov), the Telemarketing Sales Rule, 47 C.F.R. § 64.1200 et seq, and all other state or local laws, rules, regulations, and guidelines relating to calling or texting, including without limitation, rules, regulations and guidelines set forth by the Federal Trade Commission and the Federal Communications Commission (collectively, the “Calling Laws”). You agree that, as between the parties, you are the initiator of any call, SMS/MMS message, or other communication transmitted through the Service and for all content relating to, inducing, or encouraging calls, SM/MMS messages or other communications to take place. Permar is not responsible for reviewing the contents of any communication transmitted through the Services or transmitted by you related to your use of the Service, nor is it responsible for obtaining any necessary consents or permissions from the message recipients.
2.8 Google AdSense for Permar
(i) Subject to your full compliance with the terms and conditions of this Agreement, Permar may, in its sole and absolute discretion, grant to you the limited, revocable, non-exclusive, and non-transferable right and license to implement Google AdSense for Permar with your User Pages. Google AdSense for Permar shall form an integral part of the Services. Under no circumstances shall Permar be obligated to grant you any right and license to implement Google AdSense for Permar with your User Pages.
(ii) In order to use Google AdSense for Permar, you must (a) have an existing Google AdSense account that is in good standing; and (b) link your existing Google AdSense account to Permar’ Google AdSense and consent to Permar’ use of your Google AdSense account on your behalf. You reserve the right to unlink your Google AdSense account at any time and in your sole discretion.
(iii) If Google AdSense for Permar is made available to you through the Services, you and your Users represent, warrant, and covenant that (a) you will not promote or engage in any fraudulent or deceptive activity with the intention of artificially inflating clicks/traffic in any way; (b) you will comply with the Google Publisher Policies available at https://support.google.com/adsense/answer/10502938?hl=en&ref_topic=1250104#content, as updated, amended, and replaced from time to time; and (c) you will comply with the Google AdSense Program Policies at https://support.google.com/adsense/answer/48182 , as updated, amended, and replaced from time to time.
(iv) Any breach of Section 2.8(ii) above by you or any User shall result in (a) the immediate suspension or termination of your right to use Google AdSense for Permar with your User Pages; and (b) forfeiture of any and all Google AdSense amounts earned and accrued, but not yet paid to you.
(v) You agree to refund to Permar within thirty (30) days of any invoice, any amounts that Permar may have overpaid to you during any prior period. Permar reserves the right to offset, in its sole discretion, any refund amounts that you owe to Permar from any Google Adsense amounts that would otherwise be payable to you.
3. User Content
3.1 Definition of User Content
Some areas of the Services allow Users to submit, provide, or otherwise make available content such as videos, images, music, text, comments, questions, and other content or information (any such materials a User submits, provides, or otherwise makes available through the Services to be published on a User Page is referred to as “User Content”).
3.2 Ownership Rights
We claim no ownership rights over User Content created by you and displayed on User Pages through the Services. The User Content you create remains yours.
3.3 Permar Rights to User Content
By submitting, providing, or otherwise making available any User Content on or through the Services to be displayed on User Pages, you expressly grant, and you represent and warrant that you have all rights necessary to grant, to Permar a limited, royalty-free, sublicensable, non-exclusive, worldwide license and right to use, reproduce, publish, list information regarding, translate, distribute, syndicate, publicly perform, publicly display, and make derivative works of all such User Content and your name, voice, and/or likeness as contained in your User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Services, including without limitation for promoting and redistributing part or all of the User Pages (and derivative works thereof) in any media formats and through any media channels. Without limiting any of the foregoing, you continue to retain the right to have your User Content removed from any User Pages.
3.4 Intellectual Property Rights
For the purposes of this Agreement, “Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.
3.5 Your Rights to Your User Content
In connection with your User Content, you affirm, represent and warrant the following:
(i) You have the written consent of each and every identifiable natural person in the User Content, if any, to use such person’s name or Likeness in the manner contemplated by Permar and this Agreement, and each such person has released you from any liability that may arise in relation to such use.
(ii) You have obtained and are solely responsible for obtaining all rights, licenses, and consents as may be required by applicable law to post any User Content relating to third parties.
(iii) Your User Content and Permar’ use thereof as contemplated by this Agreement will not violate any applicable law or infringe upon any rights of any third party, including but not limited to any Intellectual Property Rights and privacy rights.
(iv) Permar may exercise the rights to use and display your User Content submitted through the Services and displayed on User Pages without liability for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective bargaining agreement or otherwise.
(v) To the best of your knowledge, all your User Content and other information that you provide to us is truthful and accurate.
3.6 Liability for User Content
Permar takes no responsibility and assumes no liability for any User Content that you or any other User submits, provides, or otherwise makes available through the Services. You shall be solely responsible for your User Content and the consequences of submitting it, providing it, or otherwise making it available through the Services and displayed on User Pages, and you agree that we are only acting as a passive conduit/service provider for your online distribution, publication, and display of your User Content. Unless otherwise stated in this Agreement, Permar reserves the right, but shall not be obligated, to: (i) pre-screen User Content; and/or (ii) refuse to accept, post, display, or transmit any User Content in its sole discretion and without prior notice to you.
4. Collection and Use of Customer Data
4.1 Customer Data
Certain features and functionalities of the Services may allow Permar to collect information from your current or potential customers, website visitors or end-users (collectively, “Customer Data”).
4.2 Use of Customer Data
By submitting or causing Customer Data to be submitted to Permar through the Services, you hereby grant, and represent and warrant that you have all rights necessary to grant, all rights and licenses to the Customer Data required for Permar and its subcontractors and service providers to provide the Services. Permar shall have no right to sublicense or resell Customer Data, except however, that you agree that Permar may collect, analyze, and use data derived from Customer Data, which may include data and/or information collected from or about an individual but which does not identify the individual personally for purposes of operating, analyzing, improving, or marketing the Services and any related products and/or services. If Permar shares or publicly discloses information (e.g., in marketing materials, or in application development) that is derived from Customer Data, such data will be aggregated or anonymized to reasonably avoid identification of a specific individual. You further agree that Permar will have the right, both during and after the term of this Agreement, to use, store, transmit, distribute, modify, copy, display, sublicense, and create derivative works of the anonymized, aggregated data.
4.3 Your Responsibilities for Customer Data and Personal Data
(i) For the purpose of this Section 4.3, the term “Applicable Data Law” shall mean all data protection and privacy laws, regulations and self-regulatory codes applicable to the Personal Data in question, including, where applicable and without limitation, the CCPA, the CPA, the CTDPA, the UCPA, the VCDPA, European Data Law, the LGPD, Israeli Law, and all FTC guidelines and any other applicable laws, rules and regulations with respect to data privacy. “CCPA” as used herein means the California Consumer Privacy Act, as amended, including without limitation any and all applicable implementing regulations (CCPA). “CPA” as used herein means the Colorado Privacy Act, as amended, including without limitation any and all applicable implementing regulations (CPA). “CTPDA” as used herein means the Connecticut Data Protection Act, as amended, including without limitation any and all applicable implementing regulations (CTDPA). “UCPA” as used herein means the Utah Consumer Privacy Act, as amended, including without limitation any and all applicable implementing regulations. “VCDPA” as used herein means the Virginia Consumer Data Protection Act, as amended, including without limitation any and all applicable implementing regulations. “European Data Law” as used herein shall mean, without limitation, (i) the EU General Data Protection Regulation (“EU GDPR”); (ii) the EU e-Privacy Directive; (iii) the United Kingdom’s European Union (Withdrawal) Act (“UK GDPR”); (iv) the Swiss Federal Act on Data Protection (“Swiss FADP”); and (v) any and all applicable national laws made under or pursuant to (i), (ii), (iii) and (iv); in each case as may be amended or superseded from time to time. “LGPD” as used herein means the Lei Geral de Proteção de Dados, as amended, including without limitation any and all applicable implementing regulations, as may be amended or superseded from time to time. “Israeli Law” means Israeli Privacy Protection Law, the regulations promulgated pursuant thereto, including the Israeli Privacy Protection Regulations (Data Security), and other related privacy regulations, as may be amended or superseded from time to time.
(ii) "Personal Data" as used in this Agreement means any information that relates to an identified or identifiable individual (and such term shall include, where required by Applicable Data Law, unique browser or device identifiers). You acknowledge that some, or all of the Customer Data that you may collect and use through the Services may qualify as, or include, Personal Data and that Applicable Data Law may apply to the use and processing of the collected Personal Data. Where this is the case, you agree to comply with such Applicable Data Law with respect to your use and processing of any Personal Data that you may collect and use through the Services. Under no circumstances shall you collect or transmit any sensitive Personal Data as defined under Applicable Data Law.
(iv) You agree that you shall use and process any Personal Data that you have collected only for the purposes permitted by this Agreement and Applicable Data Law. You shall implement appropriate technical and organizational measures in accordance with Applicable Data Law to protect any collected Personal Data from (a) accidental or unlawful destruction; and (b) loss, alteration, unauthorized disclosure of, or access to the collected Customer Data.
(v) Where European Data Law applies, you shall not process any collected Personal Data (nor permit your collected Personal Data to be processed) in a territory outside of the European Economic Area ("EEA") unless you have taken such measures as are necessary to ensure the transfer is in compliance with European Data Law. Such measures may include (without limitation) transferring any collected Personal Data to a recipient in a country that the European Commission has decided provides adequate protection for Personal Data, to a recipient that has achieved binding corporate rules authorization in accordance with European Data Law, or to a recipient that has executed standard contractual clauses adopted or approved by the European Commission.
4.4 Security Incidents
In the event that Personal Data is disclosed to or accessed by an unauthorized party, Permar will promptly notify you and use reasonable efforts to cooperate with your investigation of the incident. In the event we have a reasonable, good faith belief that an unauthorized party has accessed Personal Data, we will promptly notify you and will use reasonable efforts to cooperate with your investigation of the incident. If such incident triggers any third-party notice requirements, you (not Permar) shall be solely responsible for the timing, content, cost and method of any such notice and compliance with Applicable Data Law, and any other applicable laws. You (not Permar) bear sole responsibility for adequate security, protection and backup of Customer Data and Personal Data when in your or your representatives’ or agents’ possession or control. We are not responsible, and you are fully responsible, for what your authorized Users do with Customer Data and Personal Data.
4.5 Your Responsibilities for Customer Data
Permar will not be responsible for any backup, recovery or other steps required to ensure that Customer Data and Personal Data is recoverable in the case of data loss. You are solely responsible for backing up your Customer Data and Personal Data on a regular basis, and taking appropriate steps to safeguard and ensure the integrity of your Customer Data and Personal Data.
4.6 Rights to Customer Data
You own all right, title and interest (including all Intellectual Property Rights) in and to Customer Data.
5. Our Proprietary Rights
5.1 Intellectual Property
Except for your User Content, the Services and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and User Content belonging to other Users (the “Permar Content”), and all Intellectual Property Rights related thereto, are the exclusive property of Permar and its applicable licensors (including other Users who post User Content to Permar). Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights of the Permar Content, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works of any Permar Content. Use of the Permar Content for any purpose not expressly permitted by this Agreement is strictly prohibited.
5.2 User Submissions
You may choose to or we may invite you to submit comments or ideas about Permar, including without limitation about how to improve the Services or our products (“Ideas”). By submitting any Idea, you agree that your disclosure is gratuitous, unsolicited and without restriction and will not place Permar under any fiduciary or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Permar does not waive any rights to use similar or related ideas previously known to Permar, or developed by its employees, or obtained from sources other than you.
6. Subscription; Fees and Payment
We will charge you fees (“Fees”) for your use of the Services. You agree to pay any and all Fees specified in an ordering document or online order for your access and use of the Services (“Ordering Document”). For the most current information about our pricing and payment, please review our Pricing and Payment Terms (www.permar.com/pricing), which are incorporated by reference herein. Permar may add new services, features, and functionalities for additional fees and charges, and add or amend fees and charges for existing Services, at any time in its sole discretion. If we add or amend our Fees, we will update our Pricing and Payment Terms. Any change to our Pricing and Payment Terms shall become effective in the billing cycle following notice of such change to you as provided in this Agreement; provided however that if we have offered a specific duration and Fees for your use of Services, we agree that the Fees will remain in force for that duration.
6.2 Payment of Fees
Unless otherwise provided in an Ordering Document any purchases for access and use of the Services are on a subscription basis that renews automatically unless canceled. YOUR SERVICES SUBSCRIPTION WILL AUTOMATICALLY RENEW AT THE END OF YOUR SUBSCRIPTION TERM IDENTIFIED IN YOUR ORDERING DOCUMENT FOR SUBSEQUENT TERMS EQUAL IN LENGTH TO THE INITIAL SUBSCRIPTION TERM (EACH A “SUBSCRIPTION TERM”) UNLESS AND UNTIL YOU CANCEL YOUR SERVICES SUBSCRIPTION IN ACCORDANCE WITH THE CANCELLATION PROCEDURES IDENTIFIED IN SECTION 6.3 OF THIS AGREEMENT. As used in this Agreement, “billed”, “billing”, or “charge” shall indicate either a charge or debit, as applicable, against your payment method on file with Permar or its applicable third-party payment services provider. When you purchase a subscription to access and use the Services, you expressly acknowledge and agree that: (1) Permar (and its third-party payment services provider) is authorized to charge you at the beginning of each Subscription Term the Fees identified in an Ordering Document, any applicable taxes, and any other charges you may incur in connection with your use of the Services, for as long as your Services subscription continues; and (2) your Services subscription is continuous until you cancel it or the Services are suspended, discontinued or terminated in accordance with this Agreement. You acknowledge and agree that the amount billed may vary due to promotional offers, changes in your Services subscription plan, changes in applicable taxes, and changes in Fees in accordance with Sections 6.1 and 6.3 and you authorize us to charge your payment method for the changed amounts. We will automatically bill your payment method each month or each year (if applicable) on the calendar day corresponding to the commencement of your Services subscription (excluding any applicable trial period) or within 3 to 5 business days of such date. If your payment method reaches its expiration date and/or you do not renew your Service subscription, we reserve the right to terminate or limit your access to the Services.
6.3 Cancellation; Refunds
(i) Seven (7) Day Money-Back Guarantee. Permar will offer a seven (7) day money-back guarantee for all new Permar Accounts created. Services subscription renewals are not eligible for the seven (7) day money-back guarantee. In order to be eligible for the seven (7) day money-back guarantee, you must contact Permar on or before the seventh (7th) day following the commencement of the Subscription Term. For clarification purposes, the Subscription Term commences on the first calendar day following the expiration of the fourteen (14) day trial period.
(ii) You may cancel your Permar Account or the Services at any time. To cancel your Services subscription, you must notify Permar before the start of the next Subscription Term using the appropriate functionalities within the Services or by contacting us at email@example.com. Please allow 3 – 5 business days to process your cancellation request. Once we have processed your cancellation request, you will receive a Services cancellation notice from Permar. If you decide to cancel your Services subscription, your Services subscription will not be renewed after your then-current Subscription Term expires. If you cancel your Services subscription prior to the expiration of your then-current Subscription Term, you will not be eligible for nor will you receive a prorated refund for any portion of the Fees paid for the then-current Subscription Term, however, you may continue to use the Services until the end of your then-current Subscription Term. For subscription renewal purposes, if adequate cancellation notice (as defined above) is not received and your credit card is subsequently charged, you will not receive a refund. In the event that Permar suspends or terminates your User Account, your access to the Services, or this Agreement, you understand and agree that you shall receive no refund or exchange for any Services, any unused time on a Services subscription, any license or Fees for any portion of the Services, any content or data associated with your User Account, or for anything else.
6.4 Payment Information; Taxes
We or our third-party payment processors will charge your Fees and any other charges you may incur to the payment method you provide when you register for a Permar Account or you identify in an Ordering Document. All information that you provide in connection with a purchase or transaction or other monetary transaction interaction with Permar must be accurate, complete, and current. You may change your payment method by changing the information in your Permar Account. You agree to pay all charges incurred by users of your credit card, debit card, or other payment method used in connection with a purchase or transaction or other monetary transaction interaction with Permar at the prices in effect when such charges are incurred. If we are unsuccessful in charging your payment method and have still not received payment within seven (7) days after informing you, we may (without liability to you) suspend or temporarily disable all or part of your access to the Services and we shall be under no obligation to provide any or all of the Services while the applicable Fees concerned remain unpaid. This does not affect any other rights and remedies available to us. You will pay any and all applicable taxes, if any, relating to any such payments of Fees, purchases, transactions or other monetary transactions.
8. DMCA Notice
8.1 Copyright Infringement Notices
Since we respect artist and content owner rights, it is our policy to respond to alleged infringement notices in accordance with the Digital Millennium Copyright Act of 1998 (“DMCA”).
8.2 Submitting an Intellectual Property Complaint
If you believe that your copyrighted work (the “Work”) has been copied or used in a way that (1) has not been authorized by you; (2) constitutes copyright infringement; and (3) is accessible via the Services and/or User Pages, please notify Permar’ copyright agent at the address indicated below. For your intellectual property complaint to be valid under the DMCA, you must provide the following information in writing:
(i) An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
(ii) Identification of the copyrighted work that you claim has been infringed;
(iii) Identification of the material that is claimed to be infringing and where it is located on User Pages;
(iv) Information reasonably sufficient to permit Permar to contact you, such as your address, telephone number, and, e-mail address;
(v) A statement that you have a good faith belief that the use and display of the Work is not authorized by the copyright owner, its agent, or applicable law; and
(vi) A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the copyright owner.
The above information must be submitted to:
Attn: Permar DMCA Notice
Address: c/o Business Park Industrie AG Industriestrasse 24 6300 Zug
8.3 Misrepresenting Infringement on Your Intellectual Property
Under applicable laws, if you knowingly misrepresent that online material is infringing upon any intellectual property rights, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.
8.4 Procedure for Intellectual Property Complaints
Please note that this procedure is exclusively for notifying Permar and its affiliates that your copyrighted material has been infringed. The preceding requirements are intended to comply with Permar’ rights and obligations under the DMCA, including 17 U.S.C. §512(c), but do not constitute legal advice. It may be advisable to contact an attorney regarding your rights and obligations under the DMCA and other applicable laws.
8.5 Termination of Intellectual Property Rights Violators
In accordance with the DMCA and other applicable laws, Permar has adopted a policy of terminating, in appropriate circumstances, Users who are deemed to be repeat infringers of third-party intellectual property rights. Permar may also, at its sole and absolute discretion, limit access to the Services and/or terminate the Permar Accounts of any Users who infringe upon any intellectual property rights of a third party, regardless of whether or not there is any repeat infringement.
9. Third-Party Links and Information
10. Disclaimer/Limitation of Liability/Indemnity
THE SITE AND THE SERVICES ARE BEING PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS OTHERWISE STATED HEREIN, AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICES ARE BEING PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Permar OR THROUGH THE SITE AND/OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, Permar, ITS SUBSIDIARIES, ITS AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT (1) THE SITE, THE SERVICES, OR ANY CONTENT OR INFORMATION CONTAINED THEREIN IS ACCURATE, RELIABLE OR CORRECT; (2) THE SERVICES WILL MEET YOUR REQUIREMENTS; (3) THAT THE SITE AND/OR SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; (4) ANY DEFECTS OR ERRORS IN THE SITE AND/OR SERVICES WILL BE CORRECTED; OR (5) THE SERVICES WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, Permar DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY THIRD-PARTY SERVICES ADVERTISED OR OFFERED THROUGH THE SITE AND/OR SERVICES, AND Permar WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY SERVICES.
10.2 Limitation of Liability
To the maximum extent permitted by applicable law, Permar assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Service; (iii) any unauthorized access to or use of our secure servers and/or any and all Personal Data stored therein; (iv) any interruption or cessation of transmission to or from the Site and/or Services; (v) any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Services by any third party; (vi) any errors or omissions in any content or for any loss or damage incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available through the Site and/or Services; and/or (vii) User Content or the defamatory, offensive, or illegal conduct of any third party.
IN NO EVENT SHALL Permar, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE USE OF, OR INABILITY TO USE, THE SITE AND/OR THE SERVICES OR THE FURNISHING, PERFORMANCE OR USE OF ANY OTHER MATTERS HEREUNDER WHETHER BASED UPON CONTRACT, TORT OR ANY OTHER THEORY INCLUDING NEGLIGENCE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHERMORE, Permar SHALL NOT BE LIABLE FOR ANY FAILURE OR DELAY RESULTING FROM ANY ACTIONS BEYOND ITS REASONABLE CONTROL. WITHOUT LIMITING ANY OF THE FOREGOING, Permar’ TOTAL AGGREGATE LIABILITY UNDER ANY PROVISION OF THIS AGREEMENT, OR GENERALLY, WILL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU, IF ANY, FOR THE LICENSE TO USE THE SERVICES. THIS LIMITATION OF LIABILITY ALSO APPLIES TO ANY CLAIMS THAT YOU MAY BRING AGAINST ANY OTHER PARTY TO THE EXTENT THAT Permar WOULD BE REQUIRED TO INDEMNIFY THAT PARTY FOR SUCH CLAIM. MULTIPLE CLAIMS SHALL NOT EXPAND THE LIMITATIONS SET FORTH UNDER THIS LIMITATION OF LIABILITY.
10.3 Defense of Permar
You agree to defend, indemnify and hold harmless Permar and its subsidiaries, agents, licensors, managers, and other affiliated companies, 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) arising from: (i) your use of the Site and/or Services; and (ii) your breach of any of the terms and conditions of this Agreement.
Federal law, some states, provinces and other jurisdictions may not allow the exclusion and limitations of certain implied warranties, so the above exclusions may not apply to you. This agreement gives you specific legal rights, and you may also have other rights based on your jurisdiction of residence.
11. Governing Law, Arbitration, and Class Action/Jury Trial Waiver
11.1 Governing Law
This Agreement, and all claims related to it, or the performance by both parties under it, shall be governed exclusively by the internal substantive laws of the State of Minnesota, without respect to its conflict of laws principles. The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the preceding sentences with respect to the substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16). The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded and shall not apply to this Agreement. You hereby agree and irrevocably attorn and submit to the exclusive jurisdiction of the federal and state courts located in Minneapolis, Minnesota with respect to all disputes arising out of or in connection with this Agreement and expressly and irrevocably waive any defense of personal and/or subject matter jurisdiction in those courts and any claims on the grounds of inconvenient forum. For any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below, including any provisional relief required to prevent irreparable harm, you agree that Minneapolis, Minnesota is the proper forum for any appeals of an arbitration award or for trial court proceedings in the event that the arbitration provision below is found to be unenforceable.
Read this section carefully because it requires the parties to arbitrate their disputes and limits the manner in which you can seek relief from Permar. For any dispute with Permar, you agree to first contact us at firstname.lastname@example.org and attempt to resolve the dispute with us informally. In the unlikely event that Permar has not been able to resolve a dispute it has with you after sixty (60) days, we each agree to resolve any claim, dispute, or controversy (excluding any claims for injunctive or other equitable relief as provided below) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, “Claims”), by binding arbitration by JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitration will be conducted in Minneapolis, Minnesota, unless you and Permar agree otherwise. If you are using Permar for commercial purposes, each party will be responsible for paying any JAMS filing, administrative and arbitrator fees in accordance with JAMS rules, and the award rendered by the arbitrator shall include costs of arbitration, reasonable attorneys’ fees and reasonable costs for expert and other witnesses. If you are an individual using Permar for non-commercial purposes: (i) JAMS may require you to pay a fee for the initiation of your case, unless you apply for and successfully obtain a fee waiver from JAMS; (ii) the award rendered by the arbitrator may include your costs of arbitration, your reasonable attorney’s fees, and your reasonable costs for expert and other witnesses; and (iii) you may sue in a small claims court of competent jurisdiction without first engaging in arbitration, but this does not absolve you of your commitment to engage in the informal dispute resolution process. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Permar from seeking injunctive or other equitable relief from the courts as necessary to prevent the actual or threatened infringement, misappropriation, or violation of our data security, Intellectual Property Rights or other proprietary rights.
11.3 Class Action/Jury Trial Waiver
With respect to all persons and entities, regardless of whether they have obtained or used Permar for personal, commercial or other purposes, all Claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person’s Claims. You agree that, by entering into this Agreement, you and Permar are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
11.4 Limitation on Claims
You agree that any cause of action arising out of or related to the Services and/or your use thereof must commence within one (1) year after the date that such cause of action arises. Otherwise, such cause of action shall be deemed waived by you.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you unless otherwise authorized in writing by Permar. This Agreement may be assigned by Permar without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. This Agreement will inure to the benefit of and be binding upon the respective successors and permitted assigns of the parties.
12.2 Notification Procedures and Changes to the Agreement
Permar may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Permar in our sole discretion. Permar reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. Permar is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. Permar may, in its sole discretion, modify or update this Agreement from time to time and in its sole discretion, and so you should review this page periodically. When we change the Agreement in a material manner, we will update the ‘last modified’ date at the top of this page and notify you that material changes have been made to the Agreement. Your continued use of Services after any such change constitutes your acknowledgment and acceptance of the modified terms and conditions of this Agreement.
12.3 No Waiver
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Permar’ failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision, nor in any way affect the ability of Permar to enforce each and every such right or provision thereafter.
Please contact us at email@example.com with any questions regarding this Agreement.
12.5 Disclosures; California Residents
The provider of services is Permar GmbH. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Permar of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210 or (916) 445-1254.
12.6 Entire Agreement/Severability
This Agreement, together with any amendments and any additional agreements you may enter into with Permar in connection with the Services, shall constitute the entire agreement between you and Permar concerning the subject matter hereof. If any provision of this Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect, except that in the event of unenforceability of the universal Class Action/Jury Trial Waiver, the entire arbitration agreement shall be unenforceable.
Last edited on
Sep 8, 2023