Terms & Conditions
Terms & Conditions
Acceptance of the Site Terms
Perk & Curl, LLC reserves the right to change the Site Terms from time to time. We encourage you to bookmark this page and to periodically review it to ensure familiarity with the most current version of the Site Terms. You can determine when the Site Terms were last revised by referring to the "LAST UPDATED" legend at the top of this Site Terms. When using the Service, you agree that you are subject to any additional posted guidelines, rules, terms and conditions applicable to the Service, which are hereby incorporated by reference into the Site Terms.
The Site Terms are effective immediately upon your use of the Service.
Perk & Curl, LLC grants you permission to use the Service subject to the restrictions in these Site Terms. Your use of the Site is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.
Perk & Curl, LLC Business
Perk & Curl, LLC provides the Site for your perusal of its products and related information. The Site also provides you with the option to submit or transmit, to, through, or in connection with the Site, text, images, photos, audio, video, location data, and all other forms of data or communication in connection with the Service, such as ratings, reviews, compliments, check-ins, messages, and information that you publicly display (“Your Content”).
Restrictions on Use
General. The Service is a computer online service. It is accessible to you through a personal computer, tablet, smart phone or other access device at the domain www.therefig.com using a communications connection (e.g., internet service provider or modem and telephone line). As part of the Service, you may be provided with services that may include, without limitation, application forms, software applications, data, reports, scores, images, and any applicable user manuals and any other services provided from time to time by Perk & Curl, LLC to you, and computer services that Perk & Curl, LLC may decide to offer, subject to the terms hereof. Perk & Curl, LLC may, in its sole discretion, discontinue or alter any aspect of the Service, including, but not limited to, (i) restricting the time of availability, (ii) restricting the availability and/or scope of the Service for certain platforms (i.e., computer types and operating systems), (iii) restricting the amount of use permitted, and (iv) restricting or terminating your right to use all or part of the Service, at any time in Perk & Curl, LLC 's sole discretion and without prior notice or liability to you. You are responsible for all charges (e.g., telephone, internet service provider or airtime) associated with connecting to the Service. You are also responsible for obtaining or providing all telephone access lines, telephone and computer equipment, or other access device, necessary to access the Service. The Service is owned and operated by Perk & Curl, LLC and contains material that is derived in whole or in part from material supplied and owned by Perk & Curl, LLC and/or its suppliers and licensors. Such material is protected by copyright, trademark, patent, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way all or any part of the Service or any material from the Service. You may, however, subject to your compliance with this Site Terms, and solely for as long as you are permitted by Perk & Curl, LLC to access and use the Service, download certain material from the Service provided you do not remove, alter, interfere with, or circumvent any copyright, trademark, patent, or other proprietary notices, or any digital rights management mechanism, device or other content protection or access control measure associated with the Site, and use the material in accordance with all restrictions applicable to your use of the Site in general. In the event that you download material from the Site, such material is licensed to you by Perk & Curl, LLC, but Perk & Curl, LLC does not transfer title to any such material to you.
By choosing to access the Site via the internet, you hereby consent to receive by electronic means the Site Terms and any and all disclosures, communications and/or notices required to be given by applicable law or regulation. You also consent to allow Perk & Curl, LLC to respond to any inquiries by email regardless of the format of the original inquiry.
- Rules and Guidelines
Passwords. Should you select a password that allows you to access certain parts of the Service, you will be solely responsible for maintaining the confidentiality of the password and your account information, and will be fully responsible for all activities that occur under your password or account. You agree that you will immediately notify Perk & Curl, LLC of any unauthorized use of your password or account, or any other breach of security, and that you will log off the Service at the end of each session to prevent fraud on your account by third parties.
You are also responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or mobile device. Users of public or shared computers or unprotected mobile devices should log out at the completion of each visit to the Service. If you find that you are a victim of identity theft and it involves a Perk & Curl, LLC account, you should notify customer service at info@Perk & Curl, LLC.co. You should report this instance to all your credit card issuers, as well as your local law enforcement agency. Perk & Curl, LLC reserves the right to place any account on hold anytime with or without notification to the subscriber in order to protect itself and its partners from what it believes to be fraudulent activity.
All customer support for the Service will be conducted solely online and/or via email at email@example.com.
Your access to or use of the Service may require your use of a media player or other application that is not provided by Perk & Curl, LLC. Your use of such media player or other application will be governed by the license agreement accompanying the same, and you agree to comply with all of the terms and conditions of such license agreement. Please note that Perk & Curl, LLC is not responsible or liable for your use of such third party applications.
Perk & Curl, LLC takes no responsibility for advertisements or any third party material posted on the Site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers and others found while using the Service are between you and the advertiser/other, and you agree that Perk & Curl, LLC is not liable for any loss or claim that you may have against an advertiser/other.
You authorize us to use information you provide to us for the purpose of providing the Service. Perk & Curl, LLC may use such information to display, distribute, and create new material incorporating such information. By submitting information, you represent that you are the owner of the information and are entitled to disclose it to Perk & Curl, LLC for use for this purpose, without any obligation by Perk & Curl, LLC to pay any fees or other limitations and without any particular time limit.
The "pages" or documents on the Site, or portions thereof, including but not limited to all text, graphics, software, and other files, as well as their selection and arrangement, (collectively, the "Perk & Curl, LLC Content") are the property of Perk & Curl, LLC. All such content is presented as a service to clients of Perk & Curl, LLC and may not be copied, distributed, republished, framed, licensed, sublicensed, downloaded, displayed, posted, sold, resold, or transmitted, in any form or by any means, in whole or in part, without Perk & Curl, LLC 's prior written permission, except that such content may be viewed, downloaded, printed and distributed for your personal use or subject to the following conditions:
- The content may only be used for noncommercial purposes; and,
- Any copy of the content or portion thereof must include the following copyright notice: "Copyright 2019, Perk & Curl, LLC. All rights reserved" and must retain all other proprietary notices.
Any other use of the content from the Site without prior written authorization of Perk & Curl, LLC is prohibited. Any breach of the conditions herein will automatically terminate your permission to use the Site and its content.
Perk & Curl, LLC’s trademarks and service marks include, but are not limited to, the following: Perk & Curl, LLC™. The trademarks and service marks may not be used or imitated, in or whole or in part, without Perk & Curl, LLC’s prior written authorization. In addition, all page headers, custom graphics, button icons and scripts are the trademarks, service marks, or trade dress of Perk & Curl, LLC, and may not be used or imitated without prior written authorization of Perk & Curl, LLC.
Agreement Regarding Proprietary Rights
You agree that you will not infringe upon any copyright, trademark, patent, or other proprietary right of Perk & Curl, LLC or its partners or affiliates, that you will not copy the Site in whole or in part except as expressly authorized herein, and that you will not decompile, reverse engineer, disassemble, or create derivative works of any work or software or other products or processes accessed through or on the Site. You further agree not to access or provide access to the Site by means other than the interface provided by Perk & Curl, LLC for use in accessing the Site, and not to use any data mining, robots, or similar data gathering and extraction methods in connection with the Site. You agree to immediately cease and desist any and all uses of Perk & Curl, LLC trademarks, content or other proprietary material upon request by Perk & Curl, LLC.
Disclaimer Regarding Content, Product, and Service Information
All content on the Site, including without limitation, all data, information, terminology and forms, is believed to be accurate. You, however, should independently evaluate the accuracy of the content and the suitability of any content, product, or service for your particular application and needs. Content and product specifications are subject to change without notice. In addition, Perk & Curl, LLC reserves the right to make changes - without notification to users of the Site and clients - that do not affect compliance with any applicable specification. Perk & Curl, LLC does not guarantee that products or services listed on the Site will be available at the time of your inquiry.
Perk & Curl, LLC is under no obligation to enforce the Site Terms on your behalf against another user. While Perk & Curl, LLC encourages you to let us know if you believe another user has violated the Site Terms, we reserve the right to investigate and take appropriate action at our sole discretion. If you believe that any content on the Service (including, without limitation, postings) violates any of the terms of this Site Terms, please send us a message to firstname.lastname@example.org about it. We will not respond to your message and reserve the right to take or refrain from taking any or all steps available to us once we receive any such message.
Links and Third Party Content
The Site may from time to time contain links to other websites. These links do not constitute an endorsement, sponsorship or recommendation by Perk & Curl, LLC - nor a responsibility for - the linked website or any content, services or products available on or through the linked website. The Site also may contain material or information provided, posted or offered by third parties, including but not limited to advertisements. You agree that Perk & Curl, LLC shall have no liability to you for any such third party material or information or for any goods, services, resources or content available through any third party or third party website, or for any harm related thereto.
User Conduct. You agree not to, and will not assist, encourage, or enable others to:
- disrupt or interfere with the security of, or otherwise cause harm to, the Site, or any services, system resources, accounts, passwords, servers, or networks connected to or accessible through the Site or affiliated or linked sites;
- disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked sites;
- upload, post, or otherwise transmit through the Site any viruses or other harmful, disruptive or destructive files;
- promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except as expressly permitted by Perk & Curl, LLC;
- send bulk emails, surveys, or other mass messaging, whether commercial in nature or not;
- engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
- use or attempt to use another's account, information, password, or system without authorization from Perk & Curl, LLC;
- create or use a false identity;
- transmit through the Site any message, data, information, text or other content that is unlawful, inaccurate, defamatory, obscene, pornographic, harassing, threatening, invasive of privacy or publicity rights, sexually or adult oriented, inflammatory, promotes hate or racism, or is otherwise objectionable;
- transmit through the Site any message, data, information, text or other content that would constitute or encourage a criminal offense, violate any intellectual property or other proprietary right of any party, or otherwise create liability or violate any local, state, national or international law or regulation; and
- violate any applicable law.
Disclaimer of Warranties
THE SITE AND THE CONTENT AVAILABLE THROUGH IT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SITE AND/OR ITS CONTENT IS AT YOUR SOLE RISK.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Perk & Curl, LLC. DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND/OR NON-INFRINGEMENT.
Perk & Curl, LLC DOES NOT MAKE ANY WARRANTY THAT THE SITE OR ITS CONTENT WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE OR ITS CONTENT WILL BE UNINTERRUPTED, TIMELY, OR ERROR FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES Perk & Curl, LLC MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SITE OR ITS CONTENT OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH USE OF THE SITE OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE FILES.
YOU UNDERSTAND AND AGREE THAT ANY CONTENT AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH CONTENT AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Perk & Curl, LLC OR VIA THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
YOU ACKNOWLEDGE THAT Perk & Curl, LLC DOES NOT CONTROL ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH THE SITE. Perk & Curl, LLC ASSUMES NO RESPONSIBILITY FOR AND MAKES NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY SUCH THIRD PARTIES THROUGH THE SITE.
SOME JURISDICTIONS DO NOT ALLOW FOR THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitations of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL Perk & Curl, LLC OR ITS SUBSIDIARIES, AFFILIATES, OFFICERS, PARTNERS, DIRECTORS, EMPLOYEES, AGENTS, OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR ANY CONTENT, PRODUCTS OR SERVICES PROVIDED BY THIRD PARTIES, OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF Perk & Curl, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.
You agree to defend, indemnify, and hold harmless Perk & Curl, LLC, its subsidiaries, affiliates, officers, partners, directors, employees, agents, and suppliers from and against any claim, demand, action, or damage, including reasonable attorney's fees, made or incurred by any third party arising out of or related to your use of the Site, any content you transmit via the Site, or your violation of the Site Terms, including, but not limited to (a) any material posted or otherwise provided by you that infringes any copyright, trademark, trade secret, trade dress, patent, or other intellectual property right of any person or defames any person or violates any rights of publicity or privacy, (b) any misrepresentation made by you in connection with your use of the Service; (c) any non-compliance by you with the terms and conditions of this Site Terms; and (d) claims brought by persons or entities other than the parties to this Site Terms arising from or related to your access and use of the Service, including the information obtained through the Service.
Communications with Perk & Curl, LLC
Changes to These Site Terms
Perk & Curl, LLC may change these Site Terms from time to time, and reserves the right to do so. We need not inform you of changes to the Site Terms. Your continued use of the Site after we have posted any such changes to the Site Terms constitutes your acceptance of any such changes.
Changes to the Site
Perk & Curl, LLC may, in its sole discretion, terminate, change, suspend or discontinue any aspect of the Site or any services offered via the Site, temporarily or permanently, without notice to you, and you agree that Perk & Curl, LLC shall not be liable therefor.
Perk & Curl, LLC reserves the right to terminate your ability to use the Site, and to block or otherwise prevent your future access to and use of the Site, with or without notice to you, and at sole discretion of Perk & Curl, LLC. You agree that Perk & Curl, LLC shall not be liable for any termination of your use of or access to the Site, or for any harm caused thereby. In the event of any termination or your use of or access to the Site, you agree that the provisions regarding Agreement Regarding Proprietary Rights, Product Purchases, Disclaimer of Warranties, Limitations of Liability, Privacy, Indemnification, Termination, Applicable Law and General shall survive any such termination.
U.S. Government Restricted Rights
The content on the Site is provided to government users with no greater than "Restricted Rights" as set forth in applicable laws and regulations, and use, duplication or disclosure by the government is subject to such restrictions. Use of the content on the Site constitutes acknowledgement of Perk & Curl, LLC’s proprietary rights in such content.
The Site is controlled, operated and administered by Perk & Curl, LLC from its offices within the United States of America. Perk & Curl, LLC makes no representation that the materials or content available through the Site are appropriate or available for use at other locations outside the United States and access to them from territories where their content is illegal or is prohibited. You may not use the Service or export the content in violation of U.S. export laws and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.
Notice of Infringement
If, as a result of your use of the Site, you believe that any content of the Site or use or operation of the Site infringes any patent, trademark, copyright or other intellectual property right that you own or control, then you agree to provide written notice to Perk & Curl, LLC prior to the commencement of any legal action. Such notice shall be sent to:
Perk & Curl, LLC.
Attention: Managing Member
Perk & Curl, LLC, 525 Route 73 North, FIVE GREENTREE CENTRE, STE 104, Marlton New Jersey 08053, United States
Applicable Law and Dispute Resolution
These Site Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, U.S.A. without giving effect to its conflict of laws provisions. Except as otherwise provided in the following paragraphs, you agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Bergen County, NJ, U.S.A. You agree that any claim or cause of action arising out of or related to these Site Terms or to any Site use must commence within one year after the claim or cause of action arose; otherwise such claim or cause of action is permanently barred, regardless of any statute of limitations to the contrary.
All disputes arising under or relating to this Site Terms shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules and Supplementary Procedures for Consumer-Related Disputes ("Supplementary Procedures"), as amended by the terms of the Site Terms. The Supplementary Procedures are available online at www.adr.org (click on the link labeled "Rules," and then click on the link labeled "Supplementary Procedures for Consumer-Related Disputes"). To the extent that the arbitrator deems reasonable, the arbitrator shall conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances. In the event that any in-person appearances are required by the arbitrator, such appearances shall be held in Bergen County, NJ U.S.A. The arbitrator's decision shall be based upon the laws of the State of New Jersey, without giving effect to any principles of conflicts of law. Arbitration proceedings shall be confidential, and shall be conducted in a manner that preserves such confidentiality. The arbitrator's decision shall follow the plain meaning of the relevant documents and shall be final, binding and non-appealable. The award rendered by the arbitrator may be confirmed and enforced in any court having competent jurisdiction thereof, and you agree that federal and state courts in the Bergen County in the State of New Jersey shall have such jurisdiction. The foregoing shall not preclude Perk & Curl, LLC from seeking any injunctive relief in a court of law or equity for protection of its intellectual property rights (including the rights of its licensors).
Arbitration shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The arbitrator's authority to resolve and make written awards is limited to claims between you and Perk & Curl, LLC alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. Notwithstanding any other provision in the Site Terms, and without waiving either party's right of appeal, if any portion of this “Class Action Waiver and Other Restrictions” provision is deemed invalid or unenforceable, then the entire Arbitration Provision (other than this sentence) shall not apply.
If any provision of this Site Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Site Terms, shall be enforced to the fullest extent allowed by law as to effect the intention of the parties, and shall not affect the validity and enforceability of any remaining provisions.
Any failure by Perk & Curl, LLC to enforce or exercise any provision of the Site Terms or related right shall not constitute a waiver of that right or provision. The section titles used in the Site Terms are purely for convenience and carry with them no legal or contractual effect.
You acknowledge and agree that the warranty disclaimers and liability and remedy limitations in this Site Terms are material terms of this Site Terms and that they have been taken into account in the decision by Perk & Curl, LLC to provide the Service hereunder.
You may not assign any of your rights, obligations or privileges hereunder without the prior, written consent of Perk & Curl, LLC which may be withheld at Perk & Curl, LLC’s sole discretion. Any assignment of the foregoing other than as provided for in this section shall be null and void, ab initio.
This Site Terms constitute the entire agreement between you and Perk & Curl, LLC with respect to the subject matter hereof, and supersede all prior or contemporaneous communications and proposals, whether oral or written, between you and Perk & Curl, LLC with respect to such subject matter. No waiver of any provision or any right granted hereunder will be effective unless set forth in a written instrument signed by the waiving party. No waiver by either party of any breach or default hereunder shall be deemed a waiver of any subsequent breach or default.
The titles and subtitles used in this Site Terms are used for convenience only and are not to be considered in construing or interpreting this Site Terms.
You acknowledge that the provisions of this Site Terms are intended to inure to the benefit of entities affiliated with Perk & Curl, LLC or licensors of Perk & Curl, LLC or any of its affiliated entities as third party beneficiaries of this Site Terms or information providers of Perk & Curl, LLC and Perk & Curl, LLC, its affiliated companies or its or their licensors and information providers shall be entitled to enforce such provisions against you.
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Service, please send an e-mail to email@example.com. You may also contact us by writing to Perk & Curl, LLC, 525 Route 73 North, FIVE GREENTREE CENTRE, STE 104, Marlton New Jersey 08053, United States. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
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