Last updated: March 1, 2023
Introduction
Welcome to the Percara® website at percara.shop (the “Site”). This Site is operated by Percara LLC (“Percara”, “we”, “us” and “our”). By accessing and using this Site, you agree to be bound by the following Terms and Conditions and all applicable laws and regulations governing use of the Site. Please read these Terms carefully before accessing or using the Site. If you do not agree to all of these Terms, do not access or use the Site.
The following Terms apply generally to users of the Site. Additional terms may apply to certain services offered on the Site, such as policies related to a particular promotion. Those additional terms will be disclosed in conjunction with the applicable service. By using those services, you accept the associated additional terms.
Use of the Site
Eligibility: Use of the Site is limited to parties that are 18 years of age or older and lawfully able to enter into and form contracts under applicable law. You represent that you are at least 18 years old and that all registration information you submit is accurate and truthful.
Site Access and Use: Subject to these Terms, we grant you a non-transferable, non-exclusive, revocable, limited license to access and use the Site solely for your own personal use. You agree not to use the Site for any other purpose.
Limitations on Use: You agree not to:
- Use the Site for any fraudulent or unlawful purpose, including commercial activities unrelated to the Site;
- Access, tamper with, or use non-public areas of the Site;
- Probe, scan, or test the vulnerability of any system or network related to the Site;
- Breach or otherwise circumvent any security or authentication measures associated with the Site;
- Access, search, or collect data from the Site by any means except as expressly provided in these Terms;
- Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting for any reason;
- Interfere with or disrupt the Site or servers or networks connected to the Site;
- Use any device, software, or routine that interferes with the proper working of the Site, or otherwise attempt to interfere with the proper working of the Site;
- Use the Site to send altered, deceptive, or false source-identifying information, including spoofing or phishing;
- Circumvent, disable, or otherwise interfere with security-related features of the Site;
- Use the Site for benchmarking purposes or to develop a competing product or service;
- Violate any applicable law or regulation related to your use of the Site.
Unauthorized use of the Site may result in violation of various domestic and international laws. We reserve the right to investigate suspected violations of law and to cooperate with law enforcement authorities in prosecuting users in this regard.
Account Registration: You may be required to register an account in order to access certain services on the Site. If you register for an account, you agree to maintain accurate account information and to promptly update your account if your contact information changes or your account information becomes outdated. You are solely responsible for activity that occurs under your account, including any sub-accounts associated with your primary account. You must notify us immediately if you believe someone has gained unauthorized access to your account. We reserve the right to terminate any account at any time for any reason.
No Commercial Use: The Site is intended solely for personal use. You may not use the Site or any materials provided through the Site for any commercial purpose without our express written consent. Prohibited commercial uses include any of the following actions taken without our express approval:
- Sale of access to the Site or materials provided through the Site;
- Use of the Site or materials to provide services to third parties;
- Use of data mining, robots, spiders, or similar data gathering and extraction tools;
- Reproduction, duplication, copying, selling, reselling, or exploiting for commercial purposes any portion of the Site or access to the Site;
- Advertisement or solicitation of other users of the Site.
Informational Purposes Only: Materials provided on the Site are provided for informational purposes only. While we make reasonable efforts to provide accurate and timely information, the Site may not always be entirely accurate, complete or current. Accordingly, you should confirm the accuracy and completeness of all information before making any decision related to the Site, our products or services.
Third Party Content: The Site may contain links to third party websites, applications, services or resources (“Third Party Content”). We do not control or endorse any Third Party Content. Your interactions with Third Party Content are solely between you and the third party providing the content.
Intellectual Property Rights
The Site and all materials therein or transferred thereby, including software, images, text, graphics, logos, trademarks, service marks, trade names, and other intellectual property (collectively “Content”), are the property of Percara LLC or its affiliates, partners, and licensors, and are protected by copyright, trademark, and other intellectual property laws.
Your Use of Content: You may access, view and print Content presented on the Site subject to the following conditions:
- The Content may be used solely for personal, informational, internal, non-commercial purposes.
- The Content may not be modified or altered in any way.
- You may not remove or alter any copyright, trademark, or other proprietary notices or legends contained in the Content.
- You may not store, copy, reproduce, republish, upload, post, transmit, distribute or sell the Content.
Any other use of Content, including modification, transmission, distribution, reproduction, or display for commercial, public or other purposes, without our express written permission is strictly prohibited.
Trademarks: “Percara” and other marks indicated on our Site are trademarks owned exclusively by us. Any other trademarks appearing on the Site are the property of their respective owners. Nothing appearing on the Site grants, by implication, waiver, estoppel or otherwise, any right or license to use any trademarks displayed on the Site without our written permission.
Linking: Third party links to the Site must be approved in writing by us in advance. Any unauthorized links to our Site may violate applicable law and these Terms.
User Content
Certain features of the Site may allow you to provide us with content such as written posts, images, videos or other submissions (“User Content”). By providing User Content, you grant us a worldwide, perpetual, irrevocable, transferable, royalty-free license, with the right to sublicense, to use, copy, modify, create derivative works, distribute, publicly perform, publicly display, and otherwise exploit in any manner such User Content in all formats and distribution channels now known or hereafter devised (including on third-party sites and platforms such as Facebook, Instagram, YouTube, Twitter, and SnapChat), without further notice to or consent from you. You also grant users of the Site the right to access your User Content in connection with their use of the Site.
You represent and warrant that: (1) you either are the sole and exclusive owner of all User Content or you have all rights, licenses, consents and releases necessary to grant us the license to the User Content as set forth above; and (2) neither the User Content nor your submission, posting, transmission or provision of the User Content nor our use of the User Content will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
You agree not to provide User Content that is defamatory, threatening, libelous, hateful, violent, obscene, pornographic, unlawful, or otherwise offensive, as determined by us in our sole discretion, whether or not such material may be protected by law. We may, but are not obligated to, review, monitor, or remove User Content, at our sole discretion and at any time and for any reason.
Community Rules
Any statements, advice and opinions made or materials posted by third parties do not necessarily reflect our opinions. We do not guarantee the accuracy, completeness or quality of information provided by users or third-party material posted on the Site. You acknowledge sole responsibility for and assume all risk arising from your use of or reliance on such information.
When engaging with the Site and other users, you must follow these basic rules:
- Do not make threats of violence or promote violent activities.
- Do not defame, impersonate, or invade the privacy of others.
- Do not stalk, harass, bully or otherwise mistreat others.
- Do not post or distribute people’s private personal information.
- Do not ask for personally identifying information from minors.
- Do not engage in spamming or flooding of any kind.
- Do not violate any applicable law concerning child pornography or otherwise intended to protect the health or well-being of minors.
- Do not provide instructions or “how-to” information about illegal activities.
- Do not post large blocks of text, spam, or gibberish.
- Do not post any copyrighted material unless you own the copyright or have permission from the owner to post it.
We reserve the right to remove any User Content from the Site at any time and for any reason, including User Content that we believe violates these rules. We expressly reserve the right to remove User Content if we believe you have violated these rules repeatedly.
Our Enforcement: These rules are intended to ensure enjoyable and safe use of the Site for all users. However, we do not undertake to review all User Content, and we are not in a position to control Third Party Content posted on or through the Site. Accordingly, we cannot guarantee strict enforcement of these Community Rules. If you become aware of misuse of the Site by any person, please contact us with details so that we may investigate and take any appropriate action. We reserve sole discretion to determine whether any User Content or use of the Site violates these rules. Users violating these rules may have access to the Site terminated, and may face other consequences both on and off the Site.
Privacy Policy
For information about how we collect, use, and share information from and about you, check out our Privacy Policy. The Privacy Policy is part of these Terms, so please make sure you read it fully.
Disclaimer of Warranties
YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, CONTENT, SERVICES, AND PRODUCTS AVAILABLE THROUGH THE SITE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE OR ITS CONTENTS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING FOR ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, QUALITY, NON-INFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.
Limitations of Liability
WE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, REPUTATION, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING FROM OR RELATING TO THE USE OF OR THE INABILITY TO USE THE SITE OR THE CONTENT. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE IS TO STOP USING THE SITE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF CERTAIN LIABILITIES. ACCORDINGLY, SOME OF THE ABOVE DISCLAIMERS AND LIMITATIONS MAY NOT APPLY TO YOU.
Indemnification
You will defend, indemnify, and hold harmless Percara LLC, including our affiliates, directors, officers, employees, and agents, from and against all claims, actions, suits, damages, liabilities and expenses arising from or relating to your use of the Site.
Changes to these Terms
We reserve the right, at any time, to modify, alter, update or revise these Terms. We will notify you of material changes by posting the revised Terms on the Site and updating the “Last Updated” date at the top of these Terms. Your continued use of the Site constitutes acceptance of the revised Terms. For significant modifications to these Terms, we may attempt to notify you through the contact information you have provided.
General Provisions
Governing Law: These Terms will be governed by the laws of the State of Delaware without regard for conflict of law principles.
No Agency: No agency, partnership, employment or joint venture relationship exists between you and us as a result of these Terms or your use of the Site.
Notice: We may provide notices to you via email or written notice. You consent to receive communications from us electronically and agree that any notices provided to you electronically will satisfy any legal requirements that such communications be in writing.
Waiver of Rights: Our failure to enforce any rights or provisions in these Terms will not constitute a waiver of such rights or provisions.
Severability: If any provision of these Terms is deemed invalid, that provision will be limited or deleted to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Entire Agreement: These Terms constitute the entire agreement between you and Percara LLC relating to your use of the Site, superseding any prior understandings or agreements.
Questions: If you have any questions or concerns regarding these Terms or the Site, please email us at [email protected].
Additional Terms for Specific Services
Additional terms may apply to certain services on the Site, such as policies for a particular event, program, activity or promotion that you register for, sign up with or purchase (“Special Services”). These additional terms are available in conjunction with each Special Service. By using that Special Service, you agree to those additional terms.
Contact Us
If you have any questions about the Site or these Terms, please contact us at [email protected]
Last Updated: March 1, 2023