Welcome to Perklee! We are a membership service that provides our members with access to reviews, information and exclusive offers to small businesses worldwide; as well as an entertainment service through PERKLEE MEDIA including blogs, podcasts, shows and other audio-visual entertainment streamed over the Internet to certain Internet-connected TV’s, computers and other devices.
These Terms of Use govern your use of our service. As used in these Terms of Use, “Perklee service,” “our service” or “the service” means the service provided by Perklee for discovering review information for small businesses and viewing shows, blogs and podcasts, including all features and functionalities, website, and user interfaces, as well as all content and software associated with our service.
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in Section 15 to resolve any disputes with Perklee (except for matters that may be taken to small claims court). Please note that these Terms of Use include hyperlinks that may be accessed only through our website.
1. Acceptance of Terms of Use
These Terms of Use, which include our Privacy Policy (perklee.com/privacypolicy), and govern your use of Perklee service. By using, visiting, or browsing Perklee service, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use Perklee service.
Perklee service is provided by Perklee, Inc., or one of its affiliated companies. Perklee company that is providing the service to you (referred to as “Perklee or Perklee” in these Terms of Use) and with whom you are entering into this agreement, depends on the country from which you sign up for Perklee service.
2. Changes to Terms of Use.
Perklee may, from time to time, change these Terms of Use, including the Privacy Policy, EULA and Social Terms. Such revisions shall be effective immediately; provided however, for existing members, such revision shall, unless otherwise stated, be effective 30 days after posting. We will endeavor to post prior versions (including marked changes) of the Terms of Use, if any, for the preceding 12-month period.
3. Privacy.
Personally identifying information is subject to our Privacy Policy (perklee.com/privacypolicy), the terms of which are incorporated herein. Please review our Privacy Policy to understand our practices.
4. Communication Preferences.
By using Perklee service, you consent to receiving electronic communications from Perklee relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on Perklee service, or in the “Your Dashboard” page and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with Perklee. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new Perklee features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply click “unsubscribe” link during email communications. Please review our Privacy Policy (perklee.com/privacypolicy) for further detail on our marketing communications.
5. Memberships, Free Memberships, Billing and Cancellation
Membership.
Ongoing Membership. Your Perklee membership will continue month-to-month unless and until you cancel your membership, or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use Perklee service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
Differing Memberships. We may offer several membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
Free Membership
You may choose to have a free membership with Perklee. The free membership lasts indefinitely or until you sign-up as a member. Free memberships limit the use of the service and content available. Perklee reserves the right, in its absolute discretion, to determine the availability of a free membership.
Upon designating change from free member to member, we will begin billing your Payment Method for monthly membership fees.
You will not receive a notice from us that your free membership has ended or that the paying portion of your membership has begun. CLICK THE “CANCEL” LINK AT THE BOTTOM OF YOUR ACCOUNT DASHBOARD TO CANCEL YOUR MEMBERSHIP. We will continue to bill your Payment Method on a monthly basis for your membership fee until you cancel.
Billing
Recurring Billing. By starting your Perklee membership, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of Perklee service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers and/or changing or adding a plan, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular as indicated below, if your Payment Method has not successfully settled. In the event you’re paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your Perklee membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to Perklee through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Login” link, available at the top of the pages of Perklee website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Cancellation. You may cancel your Perklee membership at any time, and you will continue to have access to Perklee service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED MOVIES OR TV SHOWS. To cancel, go to the “Your Account” page on our website and follow the instructions for cancellation.
6. Perklee Service
You must be 18 years of age, or the age of majority in your province, territory or country, to become a member of Perklee service. Individuals under the age of 18, or applicable age of majority, may utilize the service only as a family member of a parent or legal guardian membership and under such person’s account or otherwise subject to these Terms of Use.
Perklee service, and any content viewed through our service, are for your personal and non-commercial use only.
3. Perklee will use technologies to verify your geographic location.
4. We continually update Perklee service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, promotional features, availability of podcasts, blogs and shows, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
You agree to use Perklee service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, including public performance limitations or other restrictions on use of the service or content therein. You agree not to archive, download (other than through caching necessary for personal use), reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use (except as explicitly authorized in these Terms of Use) content and information contained on or obtained from or through Perklee service without express written permission from Perklee or its licensors. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in Perklee service; use any robot, spider, scraper or other automated means to access Perklee service; decompile, reverse engineer or disassemble any software or other products or processes accessible through Perklee service; insert any code or product or manipulate the content of Perklee service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with Perklee service, including any software viruses or any other computer code, files or programs.
The availability of podcasts, blogs and shows to watch will change from time to time, and from country to country. The quality of the display shows may vary from computer to computer, and device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. Perklee makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching a show will vary based on a number of factors, including your location, available bandwidth at the time, and the show you have selected.
We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
7. Passwords & Account Access
The member who created Perklee account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over Perklee account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Perklee Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
BY SHARING PERKLEE PASSWORD OR ALLOWING OTHERS TO ACCESS YOUR ACCOUNT, THE ACCOUNT OWNER AGREES TO BE RESPONSIBLE FOR ASSURING THAT HOUSEHOLD MEMBERS COMPLY WITH THE TERMS OF USE AND SUCH ACCOUNT OWNER SHALL BE RESPONSIBLE FOR THE ACTIONS OF THE HOUSEHOLD MEMBERS.
You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to Perklee website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Perklee reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Perklee is not obligated to credit or discount a membership for holds placed on the account by either a representative of Perklee or by the automated processes of Perklee.
8. Disclaimers of Warranties and Limitations on Liability
PERKLEE SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH PERKLEE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PERKLEE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF PERKLEE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE.
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PERKLEE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
9. Gifts & Promotions.
We may offer Gift Memberships for purchase on our websites. Your Payment Method will be charged for any purchased Gift Memberships. Promotional codes may be redeemed on our website. Promotional codes can only be used once and cannot be redeemed for cash, resold or combined with any other offers. If you received a promotion code through an offer by a third party, additional restrictions may apply.
10. Intellectual Property
Copyright. Perklee service, including all content provided on Perklee website, is protected by United States and international copyright, trade secret or other intellectual property laws and treaties.
Trademarks. Perklee and PERKLEE MEDIA are pending registered trademarks of Perklee, Inc.
Patents. Perklee has patent pending patents that apply to our service.
Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through Perklee service or PERKLEE MEDIA, please notify us by calling 800.869.6430
11. Governing Law
If you are a resident in Europe, these Terms of Use shall be governed by and construed in accordance with the laws of Luxembourg.
If you are a resident of Brazil, these Terms of Use shall be governed by and construed in accordance with the laws of Brazil.
For all other members of Perklee, these Terms of Use shall be governed by and construed in accordance with the laws of the state of North Carolina, U.S.A. without regard to conflict of law’s provisions.
You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
12. Applications.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with Perklee service. These Applications may import data related to your Perklee account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Perklee is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY PERKLEE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13. Use of Information Submitted.
Perklee is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to Perklee service, including Perklee website and user interfaces, without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving Perklee service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note that Perklee does not accept unsolicited materials or ideas for podcasts, blogs or shows, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to Perklee. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Perklee and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
14. Customer Support.
If you need assistance with your account, click on the “Contact” link located in the footer of the website. There you will find the answers to many frequently asked questions and information on reaching a live Customer Service representative. In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
15. Arbitration Agreement
If you are a Perklee Member in the United States (including its possessions and territories), you and Perklee agree that any dispute, claim or controversy arising out of or relating in any way to Perklee service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and Perklee are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of you’re the membership.
If you elect to seek arbitration or file a small claim court action, you must first send to Perklee, by certified mail, a written Notice of your claim (“Notice”). The Notice to Perklee must be addressed to: General Counsel, Perklee, Inc., P.O. BOX 2215, Southern Pines, North Carolina 28388-2215 (“Notice Address”). If Perklee initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by, Perklee, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If Perklee and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Perklee may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Perklee and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Perklee’s last written settlement offer made before an arbitrator was selected (or if Perklee did not make a settlement offer before an arbitrator was selected), then Perklee will pay you the amount of the award or US$1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND PERKLEE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Perklee agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
