Effective Date: June 7, 2019.
Pera Labs grants you a personal, non-transferable, non-exclusive right to access and use the Websites and the materials available on the Websites subject to this Agreement. You may temporarily download one copy of the materials on the Websites where the Websites expressly permit or provide for downloads, and you may print pages of such Websites. As used herein, the term “material” means all information, text, images, data, links, software, or other material accessible through the Websites, whether created by us or provided by another person for display on the Websites. This is the grant of a license, not a transfer of title, and under this license you may not:
This license, which includes without limitation all rights granted by Pera Labs in this Section 1, shall automatically terminate if you violate any of these restrictions. Further, Pera Labs may terminate all your rights under this Section 1 at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
All materials contained on the Websites are the sole and exclusive property of Pera Labs and its licensors, and are protected from unauthorized copying and dissemination by United States copyright law, trademark law, international conventions, and other intellectual property laws. The service marks and trademarks of Pera Labs, including without limitation “Pera Labs” and the Pera Labs logos, are trademarks and service marks owned by Pera Labs Inc. Any other trademarks, service marks, logos, and/or trade names appearing via a website are the property of their respective owners. You may not copy or use any of these marks, logos, or trade names without the express prior written consent of the owner. If you provide us with any suggestions for improvements to our Websites or relating to any prospective products or services, you hereby grant to us a non-exclusive, irrevocable, perpetual, transferable, sublicensable (through one or more tiers) license to copy, use, and modify such suggestions and to make, have made, use, import, offer to sell and sell any products or services incorporating such suggestions.
You may access only those parts of the Websites for which you are authorized access. You will not access any part of the Websites for which you are not authorized, nor will you attempt to circumvent any access controls or other security measures incorporated within the Websites.
You are responsible for obtaining any equipment and Internet service necessary to access our Websites and for paying any fees for the equipment and service you select. We may alter, suspend, or discontinue our Websites in whole or in part, at any time and for any reason, without notice. The Websites may also periodically become unavailable due to maintenance or malfunction of computer equipment or for other reasons.
THE MATERIALS ON OUR WEBSITES ARE PROVIDED “AS IS.” Pera Labs, ITS AFFILIATES AND SUPPLIERS MAKE NO WARRANTIES, EXPRESSED, OR IMPLIED, AND HEREBY DISCLAIM AND NEGATE ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, Pera Labs, ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON OUR WEBSITES OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THE WEBSITES. Pera Labs DOES NOT WARRANT THAT (A) THE FUNCTIONS OR SERVICES (INCLUDING BUT NOT LIMITED TO MECHANISMS FOR THE DOWNLOADING OF MATERIAL) PROVIDED BY THE WEBSITES WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS OR THAT (B) THE WEBSITES OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
IN NO EVENT SHALL Pera Labs, ITS AFFILIATES, OR ITS SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA OR PROFIT, OR DUE TO BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE MATERIALS ON OUR WEBSITES, EVEN IF WE OR ANY Pera Labs-AUTHORIZED REPRESENTATIVE HAS BEEN NOTIFIED ORALLY OR IN WRITING OF THE POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT PERMIT CERTAIN LIMITATIONS OR DISCLAIMERS OF LIABILITY, THESE LIMITATIONS MAY NOT APPLY TO YOU.
The materials appearing on our websites could include technical, typographical, photographic errors, or other inadvertent errors or inaccuracies. We reserve the right, but without obligation, to make changes to document names and materials or to otherwise update or revise the Websites from time to time, though we are not obligated to do so. Pera Labs does not warrant that any of the materials on its Websites are accurate, complete, or current.
We cannot guarantee the confidentiality of any communication or material transmitted to us via the Websites or e-mail. Accordingly, we suggest that you use caution when transmitting any information to us via such means. For example, you should not include confidential information about you (such as your Social Security number) or information about your health status, in any e-mail that you send to us. We hereby expressly disclaim any liability for damages resulting from third-party interception of your communications with us via the Websites or via electronic mail. If you choose to send us any information via the Websites or via e-mail, you do so solely at your own risk.
By accessing or using the Websites or any materials available through the Websites, you agree to indemnify, hold harmless and defend Pera Labs from any claims, damages, losses, liabilities, and all costs and expenses of defense, including but not limited to, attorneys fees, resulting directly or indirectly from a claim by a third party that arises in connection with your use of the Websites or any materials available through the Websites.
Our Websites are based in the United States, and operate under United States Law. We make no representation that information provided by the Websites is appropriate or available for use outside the United States or complies with laws outside of the United States. If you are located outside of the United States, the information we collect may be transferred to and processed in the United States and in other countries where the privacy laws may not be the same as the laws where you reside. Those who choose to access the Websites from outside the United States do so on their own initiative and at their own risk and are responsible for compliance with all applicable laws and regulations outside the United States.
Any claim relating to our Websites, or your interactions with us through the Websites, shall be governed by the laws of the State of New York without giving effect to any of its provisions that would cause the laws of another jurisdiction to apply. All disputes arising out of or relating to this Agreement shall be finally resolved by arbitration conducted in the English language in New York, New York under the commercial arbitration rules of the American Arbitration Association. The parties shall appoint as sole arbitrator a retired judge who presided in the State of New York. The parties shall bear equally the cost of the arbitration (except that the prevailing party shall be entitled to an award of reasonable attorneys’ fees incurred in connection with the arbitration in such an amount as may be determined by the arbitrator). All decisions of the arbitrator shall be final and binding on both parties and enforceable in any court of competent jurisdiction. Notwithstanding the foregoing, we shall be entitled to seek injunctive relief, security, or other equitable remedies from federal and state courts located in the State of New York or any other court of competent jurisdiction. Under no circumstances shall the arbitrator be authorized to award punitive damages, including but not limited to federal or state statutes permitting multiple or punitive damage awards, or any other damages prohibited by this Agreement; any purported award of such damages shall be beyond the arbitrator’s authority, void, and unenforceable.
You will comply with all applicable export laws, restrictions, and regulations of any United States or foreign agency or authority and will not export or re-export, or allow the export or re-export, of any product, technology, or information obtained or acquired in connection with the Websites in violation of any such laws, restrictions or regulations.
Access to the Websites or materials may not be legal by certain persons, or in certain jurisdictions. You assume full responsibility for complying with the laws, rules, and regulations of your jurisdiction. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.
You may not assign or transfer this Agreement in whole or in part to any third party without the prior written consent of Pera Labs. This Agreement shall bind and inure to the benefit of the parties to this Agreement and their respective successors, permitted transferees, and permitted assigns. Pera Labs and you are independent contractors and are not partners, joint venturers, agents, employees, or representatives of the other party. This Agreement contain the entire understanding of the parties with respect to the transactions and matters contemplated hereby, supersede all previous communications, understandings, and agreements (whether oral or written) other than any click-through or end-user license agreement provided by Pera Labs, and cannot be amended except by a writing signed by both parties or by Pera Labs’s posting of an amended version of this Agreement on these Websites. The headings and captions used in this Agreement are used for convenience only and are not to be considered in construing or interpreting this Agreement. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part will be deemed severable and shall not affect the validity and enforceability of the remaining provisions. This Agreement shall continue to apply with respect to any access or use you have made of our Websites even after such access or use terminates. If you have any questions about this Agreement, please contact email@example.com.