Privacy

Terms of Use

Last Updated: July 25, 2019

Welcome to the perch.com web site (the ‘Website’). This Terms of Use agreement (this 'agreement') is a legal agreement between you and Perch, Inc. (“Perch”, “Company,” “we,” or “us”) providing among other things, the terms and conditions for your use of the Website accessible at perch.com. Please read the agreement carefully before continuing on with your use of this Website. This agreement shall govern the use of the Website and apply to all internet traffic visiting the Website and any feature on the Website, including any interactions with Perch via the chat feature. This agreement is meant to protect all of our Website visitors and your use of this Website signifies you accept and agree to the terms and conditions of this agreement without any reservations, modifications, additions, or deletions. IF YOU DO NOT AGREE WITH THESE TERMS, DO NOT USE THIS WEB SITE. This agreement contains warranty and liability disclaimers. You may be denied access to the Website, with or without prior notice to you if you do not comply with any provision of this agreement.

We may from time to time modify these Terms of Use and will post a copy of the amended agreement at perch.com/terms-of-use. You will be deemed to have accepted the agreement as amended if you continue to use the Website after any amendments are posted on the Website. We reserve the right to refuse to provide our products and services to anyone at any time.

Use of the Website

Authorized Users:

In order to use the Website, you must be at least 18 years of age. You represent that (i) you have read and understood, and that you agree to be bound by, this agreement and (ii) you are at least 18 years old. If you do not agree to, or cannot comply with, any of these terms and conditions of this agreement, please do not attempt to access this Website.

We reserve the right to restrict certain areas of information on this Website to our approved registered users. In the event that any area of the Website requires you to register with us prior to our granting you access to such areas of the Website, you agree to provide truthful information, including but not limited to a member name and password as well as your name, address, telephone number and a valid email address (the account information). You agree to provide accurate account information and to update your account information as necessary to keep it accurate. You are solely responsible for maintaining the confidentiality of your member name and password. You agree to notify us immediately of any unauthorized use of your member name, password or account. Perch will not be responsible for any losses arising out of the unauthorized use of your account and you agree to indemnify and hold harmless Perch, its partners, parents, subsidiaries, agents, affiliates and/or licensors, as applicable, for any improper, unauthorized or illegal uses of your account. Registration data and certain other information about you is subject to our Privacy Policy.

Intellectual property rights & licenses:

The Website, including any and all features, functionality, tools and content thereof, is protected by copyright, trademark, patent and other laws of the United States and foreign countries. You acknowledge and agree that the Website, and all intellectual property rights therein are the exclusive property of Perch. You agree not to remove, alter or obscure any copyright, trademark, service mark, patent marking, or other proprietary rights notices incorporated in or accompanying the Website.

Subject to your compliance with the Terms, Perch grants you a limited non-exclusive, non-transferable, non-assignable and non-sublicensable license to access and use the Website.

You may not use, copy, reproduce, distribute, license, sell, transfer, publish, post, publicly display, publicly perform, transmit, broadcast, adapt, modify, prepare derivative works based upon, or otherwise exploit any features, functionality, tools or content of the Website in any form or by any means, or sublicense the rights granted in the Terms, except as expressly permitted herein, without the prior written permission of Perch.

This foregoing license is subject to modification or revocation at any time at Perch’s sole discretion.

No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by Perch or its licensors, except for the licenses and rights expressly granted in the Terms. All rights not expressly granted to you by the Terms are hereby reserved.

If you are a trademark or copyright owner and you believe that your trademark or copyright rights have been violated, please contact us at info@perch.com.

Use of the Website

The following requirements apply to your use the Website: (a) you will not use any electronic communication feature of the Website for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) you will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) you will not collect or store personal data about other users; (d) you will not use the Website for any commercial purpose not expressly approved by Company in writing; (e) you will not upload, post, email, or otherwise transmit any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) you will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment.

Third-Party Websites

This Website may hyperlink to sites not maintained by or related to Company. Hyperlinks are provided as a service to users and are not sponsored by or affiliated with this Website or Company, and Company makes no representations or warranties about the content, completeness, or accuracy of those third party sites. Information you submit at a third-party site accessible from this Website is subject to the terms of that site's privacy policy, and Company has no control over how your information is collected, used, or otherwise handled.

Representations, and Limitations of Liability

Company makes no representations about the reliability of the features or content of this Website and disclaims all liability in the event of any service failure. You acknowledge that any reliance on such material or systems will be at your own risk. Company makes no representations regarding the amount of time that any portion of the Website, including any content uploaded by a user of the Website, will be retained or made available.  

Company does not endorse, verify, evaluate or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any such content. You shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Company without the prior review and written approval of Company.

THIS WEBSITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL COMPANY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (COLLECTIVELY, “DAMAGES”) THAT RESULT FROM THE USE OF OR INABILITY TO USE THIS SITE, NOR SHALL COMPANY BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND COMPANY’S REASONABLE CONTROL, INCLUDING BUT NOT LIMITED TO ACTS OF GOD, COMMUNICATIONS LINE FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO THIS SITE'S RECORDS, PROGRAMS, OR SERVICES. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL COMPANY OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, OR OTHER DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU AND THE FOREGOING PARAGRAPH SHALL NOT APPLY TO A RESIDENT OF NEW JERSEY TO THE EXTENT DAMAGES TO SUCH NEW JERSEY RESIDENT ARE THE RESULT OF COMPANY’S NEGLIGENT, FRAUDULENT OR RECKLESS ACT(S) OR INTENTIONAL MISCONDUCT.

Binding Arbitration

You and Company agree that any controversy or claim arising out of or relating to the Website, use of the Website, this agreement and/or the Privacy Policy shall be settled by binding arbitration in a location determined by the arbitrator as set forth herein (provided that such location is reasonably convenient for you in your hometown area), or at such other location as may be mutually agreed upon by the parties, in accordance with the applicable procedural rules set forth in the then prevailing Comprehensive Arbitration Rules and Procedures of JAMS (“JAMS Rules and Procedures”), and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  The JAMS Rules and Procedures are available at www.jamsadr.com or by calling (800) 352-5267. The arbitrator shall be selected pursuant to the JAMS Rules and Procedures. Alternatively, you may assert your claims in small claims court in accordance with the terms of this Agreement if your claims qualify and so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis.  The arbitrator shall apply Texas law consistent with the Federal Arbitration Act and applicable statutes of limitations, and shall honor claims of privilege recognized at law. If you initiate arbitration against Company, you will not be responsible for professional fees for the arbitrator’s services or any other JAMS fees. If Company initiates arbitration against you, Company will pay for the arbitrator’s services and any other JAMS fees associated with the arbitration. If any part of this arbitration provision is deemed to be invalid, unenforceable or illegal (other than that claims will not be arbitrated on a class or representative basis), or otherwise conflicts with the rules and procedures established by JAMS, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, the portion that is deemed invalid, unenforceable or illegal is that claims will not be arbitrated on a class or representative basis, then the entirety of this arbitration provision shall be null and void, and neither claimant nor Company shall be entitled to arbitrate their dispute.  THE ARBITRATION OF DISPUTES PURSUANT TO THIS PARAGRAPH SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED. 

BY AGREEING TO THE ARBITRATION OF DISPUTES AS SET FORTH HEREIN, YOU AGREE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND LIMITING YOUR RIGHT TO APPEAL AND YOU UNDERSTAND THAT YOU ARE WAIVING YOUR RIGHTS TO OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION. DO NOT USE THIS WEBSITE IF YOU DO NOT AGREE TO THE FOREGOING BINDING ARBITRATION PROVISIONS.

Miscellaneous

Both you and Company acknowledge and agree that no partnership is formed and neither of you nor Company has the power or the authority to obligate or bind the other.

This agreement will be governed by and construed in accordance with the internal laws of Texas without regard to conflicts of laws principles. By using this Website, you hereby agree that any and all disputes regarding this agreement will be subject to the courts located in Texas. You agree that, to the extent permitted by applicable law, any and all disputes, claims, and causes of action arising out of or connected with this Website and/or this agreement, will be resolved individually, without resort to any form of class action. This agreement operates to the fullest extent permissible by law.

On certain areas of Website Site, you may be given the ability to provide us with your information, including some information that may be considered personally identifiable information under applicable laws. Please read our Privacy Policy for more information about our information collection and use practices.

The failure of Company to comply with the terms of this agreement because of an act of God, war, fire, riot, terrorism, earthquake, actions of federal, state or local governmental authorities or for any other reason beyond the reasonable control of Company, shall not be deemed a breach of this agreement.

If Company fails to act with respect to your breach or anyone else's breach on any occasion, Company is not waiving its right to act with respect to future or similar breaches.

If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions.

The terms of this agreement constitute a binding agreement between you and Company, and is accepted by you upon your use of the Website or your account. This agreement constitutes the entire agreement between you and Company regarding the use of the Website and your account. By using the Website, you represent that you are capable of entering into a binding agreement, and that you agree to be bound by the terms set forth in this agreement.