Terms of Use

Effective Date: July 5th, 2024

These Terms of Use ("Terms") apply to the website located at peritik.com and any other website or application associated with Peritik brands or products that direct the user to these Terms (collectively, the "Site"). In these Terms, "Peritik," "we," and "us" refer to Peritik, LLC, and its respective subsidiaries and affiliated companies.

Your access and use of the Site are conditioned on your acceptance and compliance with these Terms. These Terms apply to all visitors, users, and others who access or use the Site. By accessing or using the Site, you agree to be bound by these Terms. If you do not agree with any part of the Terms, you must discontinue access or use of the Site.

ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND PERITIK WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

CAPACITY TO USE THE SITE

To accept these Terms and use the Site, you must be at least 18 years old ("Minimum Age"). The Site is not intended for users under the Minimum Age. By using the Site, you affirm that (a) you are at least the Minimum Age in your country; (b) you have your parents' consent to use the Site if you are under 18; (c) you have the applicable rights and authority to grant Peritik the rights given in these Terms; and (d) you have read, understood, and agree to these Terms. If you are not at least the Minimum Age, do not have parental consent, or do not agree to all the terms and conditions of these Terms, you may not use the Site.

RESTRICTIONS ON USE

You understand and agree that all information, data, text, software, music, sound, photographs, graphics, audio, video, messages, or other materials appearing on this Site (collectively, "Content") are owned by Peritik or its licensors. You are expressly prohibited from using any Content without the express written consent of Peritik or its licensors. Unless otherwise stated in these Terms, none of the materials may be reproduced, distributed, republished, downloaded, displayed, posted, transmitted, or copied in any form or by any means without the prior written permission of Peritik and/or the appropriate licensor. Permission is granted to display, copy, distribute, and download the materials on this Site solely for personal, non-commercial use, provided that you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You may not, without the express written permission of Peritik, "mirror" any material contained on this Site on any other server. Any permission granted under these Terms terminates automatically without notice if you breach any of the above terms. Upon termination, you agree to destroy immediately any downloaded and/or printed materials. Unauthorized use of any material contained on this Site may violate national and/or international copyright laws, privacy and publicity laws, and communications regulations and statutes.

ANY USE OF THE SERVICES NOT SPECIFICALLY PERMITTED UNDER THESE TERMS IS STRICTLY PROHIBITED.

CHANGES TO TERMS

We may change the terms governing your use of our Site from time to time. We may change, move, or delete portions of our Site, or add to it from time to time. If we make material changes to the Terms, we will notify you by email or by a message posted on the Site. Continued use of our Site after such change constitutes your agreement and affirmative acceptance of the modified Terms. If you do not agree to or cannot comply with the modified Terms, you must stop using the Site.

SUBMISSION OF CONTENT; COMMENTS, IMAGES, VIDEOS, AND OTHER CONTENT

For any content that you provide to Peritik on or through the Site, or otherwise disclose, submit, or offer in connection with your use of the Site or other websites such as Facebook or Instagram that interact with this Site, including comments, ideas, images, photographs, video clips, audio clips, graphics, tags, data, materials, information, and other submissions, including submissions with hashtags such as #PeritikxME or #PeritikxMusic (collectively, "User Content"), you grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up license (but not the obligation) to use any User Content you post in connection with Peritik ("IP License"). The IP License includes, for example, and without limitation, the right and license to use, reproduce, modify, edit, adapt, publish, translate, create derivative works from, distribute, perform, and display such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, both physical and digital, for any commercial or non-commercial use. In certain circumstances, Peritik may also share your contribution with trusted third parties. You also grant us a worldwide, non-exclusive, transferable, sublicensable, royalty-free, fully paid-up license (but not the obligation) to use your name, image, likeness, voice, or any other material or information you provide to Peritik in connection with your content.

Peritik has no obligation (1) to maintain User Content in confidence; (2) to pay you any compensation for any User Content; (3) to credit or acknowledge you for User Content; or (4) to respond to any User Content.

You understand and agree that it is your responsibility to ensure that User Content you submit to the Site does not violate the rights of any third party, including copyright, trademark, privacy, or other personal or proprietary rights. You also understand and agree that User Content you submit to the Site must not and will not contain defamatory, illegal, abusive, obscene, or otherwise objectionable material at Peritik's sole discretion. For example, and without limitation, you may not post violent, nude, partially nude, discriminatory, illegal, infringing, hateful, pornographic, or sexually suggestive photos or other content via the Site or other websites such as Facebook or Instagram that may interact with this Site.

You are and will remain solely responsible for any User Content you submit on the Site. You agree that Peritik may use and/or disclose information about your demographics and use of the Site in any manner that does not reveal your identity.

By participating in sweepstakes, contests, promotions, and/or requesting promotional information or product updates through the Site, you agree that Peritik may use your information for marketing and promotional purposes.

When you post content or information using the "Public" setting, it means you are allowing everyone, including other Site users, to access and use that information, and to associate it with you (i.e., your name and profile picture). We recommend that you never disclose any personal information about yourself or any other person (such as telephone number, home address, business address, delivery address, or email address, or any other details that allow you to be personally identified).

If you do not want to grant Peritik the permission set out above on these terms, please do not submit User Content.

PERITIK MOBILE TEXT MESSAGING TERMS AND CONDITIONS

By texting us, you agree to receive up to 5 automated SMS or MMS text messages per week about Peritik events, offers, and promotions, even if your mobile number is on any state or federal Do Not Call list. You agree to receive text alerts using automated technology, including through an automatic telephone dialing system. By texting us, you also allow Peritik to use location information (e.g., GPS) from your mobile device when you are near a retail location and send you additional messages based on your location. These location-based messages, along with our other mobile alerts, may exceed the 5 automated text messages mentioned above.

By subscribing to our program, you confirm that you are the current subscriber and/or customary user of the registered mobile number and are authorized to incur any message or data charges that your mobile service provider may charge. Registering a mobile number that is not yours is strictly prohibited. If we discover any information provided in connection with your subscription is false or inaccurate, we may suspend or terminate your access to the program at any time. You understand that you are not required to subscribe to this program to make purchases (in-store or online), and your consent is not a condition of any purchase with Peritik. Your participation in our alert program is entirely voluntary.

You can opt-out of receiving text message alerts at any time by texting STOP to 38056. You will receive a text message confirming your opt-out. Allow up to five (5) business days to process your request. No further messages will be sent to your mobile device unless you initiate it. You can also text HELP to 38056 for assistance. It is your sole responsibility to notify Peritik if you do not wish to receive text alerts by texting STOP to 38056. You waive any right to bring claims for unauthorized or unwanted text messages by not opting out immediately. The program is only available to customers of selected carriers with compatible handsets.

If you relinquish ownership of the mobile number associated with your subscription, you agree to notify Peritik immediately by texting STOP to 38056 or emailing support@peritik.com. You agree to indemnify Peritik for any privacy, tort, or other claims, including claims under the Federal Telephone Consumer Protection Act or state law equivalents, in connection with your provision of a mobile number that is not your own and/or your failure to notify Peritik of any change in mobile ownership. You must notify Peritik immediately of any security breach or unauthorized use of your mobile device. While Peritik will not be liable for losses caused by unauthorized use of your mobile device, you may be liable for the losses of Peritik or others due to such unauthorized use.

The program may not be available in all areas. Peritik reserves the right to suspend or terminate the program, in whole or in part, at any time without notice. Message and data rates may apply. If you do not wish to continue participating in this program, you can opt-out at any time by texting STOP to 38056. For help, email support@peritik.com.

INTELLECTUAL PROPERTY RIGHTS; THIRD-PARTY LINKS

The trademarks, logos, and service marks displayed on the Site are the property of Peritik, its affiliates, or other third parties. You are not permitted to use these marks without the prior written consent of Peritik or such third party that may own the mark. All other content, including but not limited to text, graphics, logos, button icons, images, audio clips, and software, is the property of Peritik or its content suppliers and is protected by U.S. and international copyright laws. Any unauthorized use, including reproduction, distribution, display, or transmission of the content of this Site is strictly prohibited unless authorized by Peritik in writing.

Our Site may contain links to third-party websites or services that are not owned or controlled by Peritik. Peritik has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that Peritik shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services. We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

DISCLAIMERS; LIMITATION OF LIABILITY

YOU ASSUME ALL RESPONSIBILITY AND RISK FOR ANY USE OF THE SITE AND THE INTERNET. THE SITE, THE CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

IN NO EVENT SHALL PERITIK OR ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE CONTENT, OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless Peritik, its officers, directors, employees, and agents, from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Site, including, but not limited to, your User Content, any use of the Site's content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Site.

GOVERNING LAW AND DISPUTE RESOLUTION

These Terms and your use of the Site will be governed by and construed in accordance with the laws of the State of California, without giving effect to its conflict of laws principles. Any legal suit, action, or proceeding arising out of or related to these Terms or the Site shall be instituted exclusively in the federal or state courts located in California. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

ARBITRATION AGREEMENT

You and Peritik agree to resolve any disputes through binding and final arbitration instead of through court proceedings. You waive any right to bring claims in court or have a jury trial. Any dispute or claim arising out of or relating to these Terms, the Site, or any products or services obtained through the Site shall be resolved by arbitration conducted by a single arbitrator in California in accordance with the rules of the American Arbitration Association. The arbitrator's award shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction. Any arbitration under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You understand that by agreeing to these Terms, you and Peritik are waiving the right to a trial by jury or to participate in a class action or class arbitration.

You may opt-out of this arbitration agreement within 30 days of the date you first agreed to these Terms by sending a written opt-out notice to support@peritik.com. Your opt-out notice must include your name, address, phone number, and email address, and an unequivocal statement that you do not wish to resolve disputes with Peritik through arbitration. If you opt-out of this arbitration agreement, all other parts of these Terms will continue to apply to you.

PERITIK'S COMMUNICATIONS TO YOU

You agree that Peritik may send you emails to inform you about changes or additions to this Site, about any of Peritik's products or services, or for any other purpose that Peritik deems appropriate.

CONTESTS / PROMOTIONS

All contests or promotions described or posted on this Site will be governed by the rules regulating such events.

PRODUCT INFORMATION

The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States.

COLORS

We have made every effort to display, as accurately as possible, the colors of our products that appear on the Site. However, since the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

LINKS TO OTHER WEBSITES AND SERVICES

To the extent that this Site contains links to external services and resources, the availability and content of which Peritik does not control, any concerns regarding any such service or resource, or any link included on the Site, should be directed to the particular external service or resource. Peritik has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services.

DISCLAIMERS

Some jurisdictions do not allow the exclusion of certain warranties. To the extent that applicable local law specifically and expressly prohibits such exclusions, the exclusions set forth below may not apply to you.

This Site and all the content on the Site are provided "as is" without warranties of any kind, either express or implied, including, without limitation, warranties of title, non-infringement, implied warranties of merchantability, or fitness for a particular purpose. You acknowledge, by your use of the Site, that your use of the Site is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing or repairs of any equipment you use in connection with your use of our Site, and that Peritik shall not be liable for any damages of any kind related to your use of this Site.

DISCLAIMER OF LIABILITY

From time to time, there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions or availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice (including after you have submitted your order).

If you are not completely satisfied with your peritik.com purchase, you may return it with your invoice to any Peritik store or by mail. Please see our Return and Exchange Policy for details.

NO LIABILITY

Subject to applicable law, including with respect to liability for personal injury or statutory rights under New Jersey law, in no event will Peritik or its officers, directors, employees, shareholders, or agents (a) be liable to the user for any use of the Sites, the content, or materials contained or accessed through the Sites (including, without limitation, any damages caused by or resulting from reliance by a user on any information obtained from Peritik), or any damages that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communication failures, theft, destruction, or unauthorized access to Peritik's records, programs, or services; and (b) be liable to the user for any indirect, special, incidental, consequential, punitive, or exemplary damages, including, without limitation, damages for loss of goodwill, loss of profits, loss, theft, or corruption of user information, or the inability to use the Sites or any of their features. The user's sole remedy is to cease use of the Sites.

INDEMNIFICATION

You (and any third party for whom you operate an account or activity on the Site or any other third-party platform, such as social media that may interact with the Site) agree to defend (at Peritik's request), indemnify, and hold Peritik harmless against all claims, damages, costs, and expenses, including reasonable attorneys' fees and costs, arising out of or related to any of the following (including as a result of your direct activities on the Site or those conducted on your behalf): (i) your content or your access to or use of the Site; (ii) your violation or alleged violation of these Terms of Use; (iii) your violation of any rights of third parties, including without limitation any intellectual property, publicity, confidentiality, property, or privacy right; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative, and legislative authorities; or (v) any misrepresentation made by you. You will cooperate as fully required by Peritik in the defense of any claim. Peritik reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Peritik.

ARBITRATION

Except if you opt-out or for disputes relating to: (1) your or Peritik's intellectual property (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents); or (2) violations of the "Submission of Content" provision above, ("Excluded Disputes"), you agree that all disputes between you and Peritik (whether or not such dispute involves a third party) with regard to your relationship with Peritik, including without limitation disputes related to these Terms of Use, your use of the Site, and/or rights of privacy and/or publicity, will be resolved by binding, individual arbitration under the American Arbitration Association's rules for arbitration of consumer-related disputes, and you and Peritik hereby expressly waive trial by jury. As an alternative, you may bring your claim in your local "small claims" court, if permitted by that small claims court's rules, and as long as such matter only is pending in that court. You may bring claims only on your own behalf. Neither you nor Peritik will participate in a class action or class-wide arbitration for any claims covered by this agreement. You also agree not to participate in claims brought in a private attorney general or representative capacity, or consolidated claims involving another person's account, if Peritik is a party to the proceeding. This dispute resolution provision will be governed by the Federal Arbitration Act. In the event the American Arbitration Association is unwilling or unable to set a hearing date within one hundred and sixty (160) days of filing the case, then either Peritik or you can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services. Judgment on the award rendered by the arbitrator may be entered in any court having competent jurisdiction. Notwithstanding any provision in applicable law, the arbitrator will not have authority to award damages, remedies, or awards that conflict with these Terms of Use.

YOU MAY OPT-OUT OF THIS AGREEMENT TO ARBITRATE. If you do so, neither you nor Peritik can require the other to participate in an arbitration proceeding. To opt-out, you must notify Peritik in writing within 30 days of the date that you first became subject to this arbitration provision. You must use this address to opt-out:

Peritik, LLC.
ATTN: Privacy
785 Oak Grove Rd e2 6004
Concord, CA 94518

You must include your name and residence address, the email address you use for your Peritik account (if any), and a clear statement that you want to opt-out of this arbitration agreement.

If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration section will be null and void. This arbitration agreement will survive the termination of your relationship with Peritik.

LIMITATION OF TIME TO FILE CLAIMS

You agree that any claim you may have arising out of or related to your relationship with Peritik must be filed within one year after such claim arose; otherwise, your claim is permanently barred.

GOVERNING LAW AND VENUE

These Terms of Use are governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of laws, and will not be governed by the United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable. For any action at law or in equity relating to the arbitration provision of these Terms of Use, the Excluded Disputes, or if you opt-out of the agreement to arbitrate, you agree to resolve any dispute you have with Peritik exclusively in a state or federal court located in Los Angeles, California, and to submit to the personal jurisdiction of the courts located in Contra Costa County for the purpose of litigating all such disputes.

If any provision of these Terms of Use is deemed unlawful, void, or for any reason unenforceable during arbitration or by a court of competent jurisdiction, that provision will be deemed severable from these Terms of Use and will not affect the validity and enforceability of any remaining provisions. Peritik's failure to insist upon or enforce strict performance of any provision of these Terms will not be construed as a waiver of any provision or right. No waiver of any of these Terms will be deemed a further or continuing waiver of such term or condition or any other term or condition. Peritik reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes arising before the effective date of the amendment. This dispute resolution provision will survive the termination of any or all of your transactions with Peritik.

TERMINATION

The Terms are effective unless and until terminated by either you or Peritik. You may terminate the Terms at any time. Peritik also may terminate or suspend access to this Site at any time and may do so immediately without notice, if in its sole discretion Peritik determines that you fail to comply