Terms of Use

WELCOME TO PERL STREET.  PLEASE READ THESE TERMS OF USE CAREFULLY BECAUSE THEY DESCRIBE THE RIGHTS AND RESPONSIBILITIES BETWEEN YOU AND PERL STREET, INC. REGARDING YOUR USE OF OUR WEB SITE.

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These are official terms and conditions ("Terms of Use") and form a legally binding agreement between you and Perl Street, Inc. ("Perl Street", "we", "us", or "our") regarding your use of Internet Web site located at https://www.perlstreet.com, as well as any associated Web pages, features and functions made available by Perl Street (individually and collectively, the "Site").

YOU AGREE TO READ THESE TERMS OF USE CAREFULLY EACH TIME YOU ACCESS THE SITE.

1.  RESTRICTIONS ON ACCESS AND CERTAIN DEFINITIONS.

The Site is offered and made available only to users 18 years of age or older or have reached the age of majority in the jurisdiction in which you live or reside.  If you are not yet 18 years old or not have reached the age of majority in the jurisdiction in which you live or reside, you must have a parent or guardian’s permission to view the Site.  Moreover, if your use of the Site is prohibited or restricted in any way by the laws, regulations or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms of Use, please discontinue using the Site immediately.  BY ACCESSING THE SITE (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION IN WHICH YOU LIVE OR RESIDE OR YOU HAVE A PARENT’S OR GUARDIAN’S PERMISSION TO ACCESS THE SITE AND (II) YOU UNDERSTAND, ACKNOWLEDGE AND AGREE TO BE BOUND BY THESE TERMS OF USE.  YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY SERVICES, CONTENT OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR THAT PARTICULAR CONTENT.  YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF USE BECOMES EFFECTIVE IMMEDIATELY AT THE TIME YOU ACCESS THE SITE. When we use the term "Agreement" we mean and are referring to these Terms of Use, as well as any additional terms and conditions that apply to and govern your use of the features, functions and services we make available to you from time to time through the Site.  These Terms of Use and our use of the term "Agreement" also includes our Privacy Policy, which can be accessed through a link on the Site’s home page.  The Privacy Policy is incorporated into our Agreement with you by this reference. This Agreement will remain in full force and effect as long as you access and use the Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, or is suspended or deactivated for any reason. The words "use" or "using" in this Agreement, mean any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits from, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever.  This Agreement does establish your rights or responsibilities with respect to third-party content or any links on the Site that may direct your browser or your Internet connection to third-party Web sites or Web pages.

2. USE OF THE SITE.

There are portions of the Site that we make available to users in the general public without registering (“General Users”) and General Users may visit and browse those portions of the Site without charge or obligation.  In order to access and use certain other services, features or functions of the Site, we may require users to register. As part of the registration process, you may need to select and provide us with a unique username and choose a password (or we may assign an initial password which we will give you the option to change) which must form a unique combination (a "User ID"), and we also request that users provide their e-mail addresses.  We may request that users provide other personally identifiable information as well.  We may also, from time to time, provide users with additional codes or passwords necessary to access and use certain other services, features or functions of the Site.  Please read our Privacy Policy, which describes the non-public, personally identifiable information we collect, use, disclose, manage and store.  A user’s User ID is personal to such person and a user may not allow any others to use its User ID under any circumstance.  User is responsible for any unauthorized use of its User ID.  We are not liable for any harm caused or related to the theft or misappropriation or disclosure of all or any portion of a user’s User ID, should a user authorize anyone else to use its User ID.  Users agree to notify us immediately if they become aware of or believe there is or may have been any unauthorized use of (or activity using) a user’s User ID or any other need to deactivate its User ID due to security concerns.

3. MODIFICATIONS.

These Terms of Use are effective as of October 5, 2023. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without advance notice. We may post or display notices of material changes on the Site. Once we post them on the Site, these changes immediately become effective and your use of the Site after they become effective, will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Site and these Terms of Use periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.

4. OWNERSHIP AND PROPRIETARY RIGHTS.

The Site, including all content, media and materials, all software, code, design, text, images, photographs, illustrations, audio and video material, media files, articles, databases, proprietary information, recordings, slides, likenesses, computer graphics and visual effects, as well as any accompanying documentation or other materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and 'look and feel' and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, format or form, now known or hereinafter developed or discovered (all of the foregoing, individually and/or collectively, "Content"), are the property of Perl Street and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors.  All Content on the Site is legally protected, without limitation, under all applicable U.S. Federal and State, as well as foreign, laws, regulations and treaties.  As such, you should assume that all Content contained in the Site is either the copyrighted property of Perl Street, unless otherwise noted, or the copyrighted property of third parties.  The brands, names, logos, trade names, trademarks, service marks and other distinctive identifications (collectively "Marks") on or about the Site, including, without limitation, are the trademarks and intellectual property of and proprietary to Perl Street.  You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express, prior, written consent of Perl Street.

5. LICENSE AND SITE ACCESS 

Perl Street authorizes you to access Content and grants you the limited right and license to use the Site solely for your non commercial use. These rights are, non-exclusive, non-assignable, non-sublicensable, non-transferable and limited to your  personal use only. You may download one single hard copy of Content displayed on the Site for non-commercial, personal use  only. You must not alter, delete or conceal any copyright or other legal notices contained on the Site, including notices on any  Content you display, print or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you  may not, nor may you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from,  display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including,  without limitation, on or via a third-party Web site) or otherwise use, any Content without the express, prior, written consent of  Perl Street.  

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6. INTELLECTUAL PROPERTY COMPLIANCE POLICY AND NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

We respect the intellectual property of others, and we ask you to do the same. Accordingly, Perl Street has adopted the following Intellectual Property Compliance Policy. If you or any other user of the Site believes its copyright, trademark, or other property rights (“IP Rights”) have been infringed, the IP Rights owner (“Complaining Party”) should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

• a. A physical or electronic signature of the Complaining Party or the person authorized to act on behalf of the Complaining Party (the “Authorized Representative”)
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  b. Identification of the IP Rights claimed to have been infringed;
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  c. Information reasonably sufficient to permit us to contact the Complaining Party Authorized Representative, such as address, telephone number and, if available, an electronic mail address, at which the Complaining Party and/or Authorized Representative may be contacted;
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  d. Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party’s IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
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  e. A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
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  f. A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
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Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) (“DMCA”), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.

Designated Agent for Claimed Infringement:[AF2]  
David Pedley
Pedley Law, PLLC
4610 S. Ulster St. Suite 150
Denver, CO 80237
Email: dpedley@pedleylaw.com

On notice, we will act expeditiously to review and if necessary to remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to infringe repeatedly the intellectual property rights of others. Any such removal will be without liability to you or any other party and the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take protection of copyrights, both our own and those of others, very seriously.

7.  EMAIL

Email is an important communications channel for the Site and Perl Street. All email sent to us should be generated by the person in whose name the sending email account is registered. Email users shall not mask their identity by using a false name or another person's name or account. We will use your email address and the content of any email for administrative and correspondence purposes and to send you information that you may request.

Any non-personal content you provide to the Site by email, including, but not limited to, feedback, data, answers, questions, comments, suggestions, plans, ideas or the like (collectively “Information”), shall be deemed to be non-confidential and we assume no obligation to protect such Information from disclosure. You understand, acknowledge, and agree that if you submit any such Information to us, it shall in no way prevent the purchase, manufacture or use of similar products, services, plans and ideas by Perl Street, this Site and our corporate affiliates, for any purpose whatever, and we shall be free to reproduce, use, disclose and distribute such Information without restriction. Accordingly, you hereby expressly waive any and all right, title and interest in Information that you provide us and we may use such Information for any purpose.

8. DISCLAIMER AND LIMITATIONS OF LIABILITY

THE SITE AND ALL MATERIALS THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED AT ALL TIMES OR AT ALL.  Without limiting the foregoing, Perl Street is not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site.  You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site.

YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY LAW, THE SITE, PERL STREET, ANY OF ITS AFFILIATES, THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES.

You understand and acknowledge the capacity of the Site, in the aggregate and for each user, is limited.  Some jurisdictions do not allow for the exclusion of certain warranties or certain limitations on damages and remedies and, accordingly, some of the exclusions and limitations described in this Agreement may not apply to you.

9.  ADS AND MALWARE

We took great care and pride in creating the Site and take such care and pride in maintaining and improving it.  We are always on the lookout for technical glitches that adversely affect how the Site works.  When we find them on our end, we will fix them.  Unfortunately, your home computer may cause some glitches that affect how you see the Site–and that is totally beyond our control.

If you experience any unusual behavior, content or ads on the Site, it may be the result of Malware on your computer.  Malware -- short for MALicious softWARE -- is a term used to broadly classify a form of software that is installed in a computer or computer system with malicious intentions, usually without the owner's knowledge or permission.  Malware includes computer viruses, key loggers, malicious active content, rogue programs and dialers, among others.  While we work closely with our partners on an ongoing basis to ensure that everything on the Site is working properly, sometimes Malware programs on your personal computer may interfere with your experience on the Site and on other sites that you visit.  If you do discover any Malware on your system, we suggest you speak with a qualified computer technician.

10.    INTERNATIONAL USE

Although the Site may be accessible worldwide, we make no representation that materials on the site are lawful, appropriate or available for use in locations outside the United States, and accessing such material from jurisdictions in which it is illegal is prohibited. Those who choose to access the Site from international locations do so on their own initiative and at their own risk, and are responsible for compliance with all local laws. Any offer for any service, and/or information made in connection with the Site is void where prohibited.

11.    MISCELLANEOUS TERMS

If any provision of this Agreement is held to be illegal, invalid or unenforceable, this will not affect the legality, validity or enforceability of any other provisions and this Agreement will be deemed amended to the extent necessary to make it legal, valid and enforceable.  Any provision that logically should survive the termination of this Agreement shall survive any termination of this Agreement; provided, however, that no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause of action arose).

This Agreement and your use of the Site shall be governed by, construed and enforced in accordance with the substantive laws of the State of New York applicable to contracts made, executed and wholly performed in that State.  Any legal suit, action, or proceeding arising out of or related to this Agreement or the matters contemplated hereunder shall be instituted exclusively in the federal courts of the United States or the courts of the State of New York in each case located in the City of New York and County of New York, and each Party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding and waives any objection based on improper venue or forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Perl Street has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction.  Service of process, summons, notice, or other document by mail to such Party's address set out herein shall be effective service of process for any suit, action, or other proceeding brought in any such court.   To the extent it may be applicable, you agree to opt out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.

IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE THE SUBJECT MATTER HEREOF, TO THE MAXIMUM EXTENT OF THE LAW, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

The headings contained in this Agreement are for reference purposes only and shall not affect in any way the meaning or interpretation of this Agreement. Where text requires, words in the singular shall be deemed to include the plural and vice-versa, and words of any gender shall be deemed to include all genders.

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