Welcome to the ePERKS service marketplace websites ("Sites"). ePERKS is a division of Brabus Ventures Corporation.
This Terms of Use Agreement ("Agreement") sets forth the legally binding terms for your use of the ePERKS Services. By using the ePERKS Services, you agree to be bound by this Agreement, whether you are a "Visitor" (which means that you simply browse the ePERKS Website) or you are a "Member" (which means that you have registered with ePERKS). The term "User" refers to a Visitor or a Member. You are only authorized to use the ePERKS Services (regardless of whether your access or use is intended) if you agree to abide by all applicable laws and to this Agreement. Please read this Agreement carefully and save it.
This Agreement includes ePERKS's policy for acceptable use of the ePERKS Services and Content posted on the ePERKS Website, your rights, obligations and restrictions regarding your use of the ePERKS Services and ePERKS's Privacy Policy. In order to participate in certain ePERKS Services, you may be notified that you are required to download software or content and/or agree to additional terms and conditions. Unless otherwise provided by the additional terms and conditions applicable to the ePERKS Services in which you choose to participate, those additional terms are hereby incorporated into this Agreement. You may receive a copy of this Agreement by emailing us at: info@ePERKS, Subject: Terms of Use Agreement.
ePERKS may modify this Agreement from time to time and such modification shall be effective upon posting by ePERKS on the ePERKS Website. You agree to be bound to any changes to this Agreement when you use the ePERKS Services after any such modification is posted. It is therefore important that you review this Agreement regularly to ensure you are updated as to any changes.
Please choose carefully the information you post on ePERKS and that you provide to other Users. Your ePERKS profile may not include the following items: telephone numbers, street addresses, last names, and any photographs containing nudity, or obscene, lewd, excessively violent, harassing, sexually explicit or otherwise objectionable subject matter. If you become aware of misuse of the ePERKS Services by any person, please contact ePERKS or click on the "Report Inappropriate Content" link at the bottom of any ePERKS page.
ePERKS reserves the right, in its sole discretion, to reject, refuse to post or remove any posting (including reviews and questions) by you, or to restrict, suspend, or terminate your access to all or any part of the ePERKS Services at any time, for any or no reason, with or without prior notice, and without liability. ePERKS expressly reserves the right to remove your profile and/or restrict, suspend, or terminate your access to any part of ePERKS Services if ePERKS determines, in its sole discretion, that you pose a threat to ePERKS and/or its Users.
ePERKS operates ePERKS services under various domains, as well as various sub-domains and aliases of these domains. All Web sites on which ePERKS provides ePERKS services are hereinafter referred to as “Sites.”
USING EPERKS
While using the Sites, you will not:
post content or items in an inappropriate category or areas on the Sites;
violate any laws, third party rights, or our policies;
use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites;
manipulate the price of any service or interfere with other user's listings;
post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
take any action that may undermine the feedback or ratings systems;
distribute or post spam, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm ePERKS, or the interests or property of ePERKS users;
copy, modify, or distribute content from the Sites and ePERKS's copyrights and trademarks; or
harvest or otherwise collect information about users, including email addresses, without their consent.
HOW YOU MAY USE OUR MARKS
The ePERKS names and logos and all related products and service names, design marks and slogans are trademarks and service marks owned by and used under license from Brabus Ventures Corporation. All other trademarks and service marks herein are the property of their respective owners. All copies that you make of the Materials or this site must bear any copyright, trademark or other proprietary notice located on the site that pertains to the material being copied. You are not authorized to use any ePERKS name or mark in any advertising, publicity or in any other commercial manner without the prior written consent of Brabus Ventures Corporation. Requests for authorization should be made to info@ePERKS.
EPERKS IS NOT AN AUCTIONEER
Although ePERKS is commonly referred to as an online service marketplace, it is important to realize that ePERKS acts as a venue to allow service providers to sell services to consumers at anytime, from anywhere, in a variety of pricing formats and discounts, induced by a variety of incentives and perks.
PASSWORD
When you sign up to become a Member, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify ePERKS immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account.
NON-COMMERCIAL USE BY MEMBERS
The ePERKS Services are for the use of Visitors, Members and Service Providers only and may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by ePERKS. Illegal and/or unauthorized use of the ePERKS Services, including collecting usernames and/or email addresses of Vistiors, Members or Service Providers by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the ePERKS Website is prohibited. Commercial advertisements, affiliate links, and other forms of solicitation may be removed from Member profiles without notice and may result in termination of Membership privileges. Appropriate legal action will be taken for any illegal or unauthorized use of the ePERKS Services.
CONTENT POSTED
ePERKS may delete any Content that in the sole judgment of ePERKS violates this Agreement or which may be offensive, illegal or violate the rights, harm, or threaten the safety of any person. ePERKS assumes no responsibility for monitoring the ePERKS Services for inappropriate Content or conduct. If at any time ePERKS chooses, in its sole discretion, to monitor the ePERKS Services, ePERKS nonetheless assumes no responsibility for the Content, no obligation to modify or remove any inappropriate Content, and no responsibility for the conduct of the User submitting any such Content. You are solely responsible for the Content that you post on or through any of the ePERKS Services, and any material or information that you transmit to other Members and Service Providers and for your interactions with other Users. ePERKS does not endorse and has no control over the Content. Content is not necessarily reviewed by ePERKS prior to posting and does not necessarily reflect the opinions or policies of ePERKS. ePERKS makes no warranties, express or implied, as to the Content or to the accuracy and reliability of the Content or any material or information that you transmit to other Members and Service Providers.
PRIVACY
Use of the ePERKS Services is also governed by our Privacy Policy, which is incorporated into this Agreement by this reference.
DISCLAIMERS
ePERKS is not responsible for any incorrect or inaccurate Content posted on the ePERKS Website or in connection with the ePERKS Services, whether caused by Users of the ePERKS Services or by any of the equipment or programming associated with or utilized in the ePERKS Services. Profiles created and posted by Service Providers on the ePERKS Website may contain links to other websites. ePERKS is not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are in no way investigated, monitored or checked for accuracy or completeness by ePERKS. Inclusion of any linked website on the ePERKS Services does not imply approval or endorsement of the linked website by ePERKS. When you access these third-party sites, you do so at your own risk. ePERKS takes no responsibility for third party advertisements which are posted on this ePERKS Website or through the ePERKS Services, nor does it take any responsibility for the goods or services provided by its advertisers. ePERKS is not responsible for the conduct, whether online or offline, of any User of the ePERKS Services. ePERKS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any Visitor, Member or Service Provider communication. ePERKS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any of the ePERKS Services or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with the ePERKS Services. Under no circumstances shall ePERKS be responsible for any loss or damage, including personal injury or death, resulting from use of the ePERKS Services, attendance at a ePERKS event, from any Content posted on or through the ePERKS Services, or from the conduct of any Users of the ePERKS Services, whether online or offline. The ePERKS Services are provided "AS-IS" and as available and ePERKS expressly disclaims any warranty of fitness for a particular purpose or non-infringement.
DISPUTES
If there is any dispute about or involving the ePERKS Services, you agree that the dispute shall be governed by the laws of the State of California, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of California, City of San Francisco. Either ePERKS or you may demand that any dispute between ePERKS and you about or involving the ePERKS Services must be settled by arbitration provided that the foregoing shall not prevent ePERKS from seeking injunctive relief in a court of competent jurisdiction.
INDEMNITY
You agree to indemnify and hold ePERKS, its subsidiaries, and affiliates, and their respective officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the ePERKS Services in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth above and/or if any Content that you post on the ePERKS Website or through the ePERKS Services causes ePERKS to be liable to another.
OTHER
This Agreement is accepted upon your use of the ePERKS Website or any of the ePERKS Services and is further affirmed by you becoming a Member. This Agreement constitutes the entire agreement between you and ePERKS regarding the use of the ePERKS Services. The failure of ePERKS to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. ePERKS is a trademark of Brabus Ventures Corporation. This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ePERKS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT DAMAGES ARISING FROM YOUR USE OF THE SERVICES, EVEN IF ePERKS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ePERKS'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO ePERKS.
