Use of this PerfectShare Website (this "Website") are governed by the terms and conditions below. These terms and conditions are legally binding on all users of this Website. By accessing this Website, you ("User") agree to abide by these terms and conditions. If you as the User of this Website do not agree with any of these terms and conditions please do not use this Website, because by using the Website you will be deemed to have irrevocably agreed to these terms and conditions.
All content, text, images, data, information and other material displayed, available or present on this Website ("Content"), including any intellectual property rights in such Content (including without limitation trademarks and copyrights) (hereinafter "Intellectual Property Rights"), are the property of PerfectShare, its affiliates, its licensors or the designated owners, and are protected by applicable intellectual property laws. User should assume that everything User sees or reads on this Website is copyrighted unless otherwise noted, and may not be used without the written permission of PerfectShare except as provided in these terms and conditions.
User may access, use and display this Website on a single computer only and download and print copies of the Content only for non-commercial, informational, personal use, without modification or alteration in any way, and only so long as User complies with these terms and conditions and applicable laws. User may not otherwise reproduce, sell, publish, distribute, modify, display, or use any of this Website or the Content without the prior written permission of PerfectShare; provided, however, if the functionality of the Website permits the e-mailing of certain Content or a link through the use of an "e-mail to a friend" (or similar) icon, User may send that particular Content or link to others by e-mail, as indicated. User will not infringe upon any Intellectual Property Rights or remove or modify related proprietary notices contained in this Website or the Content.
PerfectShare may or may not at times require a User to have a password and provide registration details to access this Website or portions of this Website. If PerfectShare does require a password and registration details, it shall be a condition of use of this Website that all the details User provides are correct, current and complete. If PerfectShare believes that the details are not correct, current or complete, PerfectShare will have the right to refuse User access to the Website, or any of its resources, and to terminate or suspend User's account, if any. User is responsible for maintaining the confidentiality of any password(s) User is given to access this Website, and User is fully responsible for all activities that occur under User's password(s). User agrees to notify PerfectShare immediately of any unauthorized use of User's password(s). PerfectShare reserves the absolute right not to issue a password to any person or entity.
No link shall be made to any page of this Website except a direct link to the top page (www.PerfectShare.net) without framing. Moreover, in the event PerfectShare deems User's linking practices in relation to this Website to be inappropriate, PerfectShare may provide notice to the User concerning removal or modification of the inappropriate link, and User agrees to comply with any and all requirements of PerfectShare relating thereto. Upon notification of PerfectShare as provided above, User may link to this Website unless and until PerfectShare gives notice that User must discontinue linking to this Website.
PerfectShare may in its discretion modify, edit, translate, suspend, restrict access to or terminate this Website and or use of the PerfectShare application. It may also modify these terms and conditions, the Content or any link at any time without liability or prior notice. PerfectShare may in its discretion terminate the browsing of, registration with and use of this Website by any User at any time without liability or prior notice for any reason, including for any breach of these terms and conditions.
User will comply with all applicable laws in connection with its use of this Website.
User will not engage in conduct on or in connection with this Website that is illegal, misleading, infringing, defamatory, obscene, offensive, or otherwise objectionable. User will not cause damage, embarrassment or adverse publicity to PerfectShare.
User will cooperate with all reasonable requests of PerfectShare and will notify PerfectShare promptly upon learning of any actual or suspected breach of these terms and conditions by User or unauthorized use or abuse of this Website.
As a convenience to User, this Website may contain Content, links, and other information submitted by third parties over whom PerfectShare has no control or responsibility. PerfectShare has no obligation to monitor, control or restrict the use of this Website, or third party websites accessible via links on this Website. These other sites are not under the control of PerfectShare, and User acknowledges that (whether or not such sites are affiliated in any way with PerfectShare) PerfectShare is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by PerfectShare or any association with its operators. Moreover, PerfectShare has no obligation to verify any Content submitted by a user or to provide any registration or other information to User concerning any Content.
THIS WEBSITE, ITS CONTENT, AND ITS LINKS ARE PROVIDED ON AN "AS IS" BASIS AND ARE USED ONLY AT THE SOLE RISK OF USER, TO THE FULLEST EXTENT PERMISSIBLE BY LAW. PerfectShare DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, REGARDING THIS WEBSITE (INCLUDING ITS CONTENT, HARDWARE, SOFTWARE AND LINKS), INCLUDING ANY IMPLIED WARRANTIES AS TO FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT, RESULTS, ACCURACY, COMPLETENESS, ACCESSIBILITY, COMPATIBILITY, SECURITY AND FREEDOM FROM COMPUTER VIRUS. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO USER, THE ABOVE EXCLUSIONS WILL APPLY TO USER TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
PerfectShare WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES AND LOST PROFITS, IN CONNECTION WITH USE OF THE INTERNET, THIS WEBSITE, ITS CONTENT, OR ITS LINKS, HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF PerfectShare HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PerfectShare WILL NOT BE A PARTY TO, AND WILL HAVE NO RESPONSIBILITY OR LIABILITY FOR, ANY TRANSACTION NEGOTIATED OR ARRANGED BY A USER ARISING IN CONNECTION WITH THIS WEBSITE. IN ANY EVENT, IF ANY OF THE ABOVE PROVISIONS IN THIS SECTION ARE NOT ENFORCEABLE IN AN APPLICABLE JURISDICTION, THE MAXIMUM LIABILITY OF PerfectShare WILL BE LIMITED TO, IN THE SOLE DISCRETION OF PerfectShare DBA Fixed Element Inc., EITHER THE (1) CORRECTION OR DELETION OF ANY INACCURATE CONTENT OR LINK; OR (2) REFUND OF ANY FEES FOR THIS WEBSITE RECEIVED BY PerfectShare FROM USER.
PerfectShare IS A BRAND NAME IDENTIFYING A PRODUCT DEVELOPED, OWNED, SOLD, AND OPERATED BY Fixed Element Inc., Allenton, Michigan.
User will defend, indemnify and hold harmless PerfectShare DBA Fixed ELement Inc., and its affiliates, officers, directors, employees and contractors from any demands, claims, damages, liabilities, expenses or harms, including attorneys fees, arising in connection with User's use of this Website, online conduct, breach of these terms and conditions or dealings or transactions with other persons resulting from use of this Website or the PerfectShare application.
In connection with User's use of and/or access to Content contained in certain areas of this Website, it may be necessary for User to consent to policies or terms and conditions in addition to the terms and conditions set forth herein, which User should read carefully before making any use of such Content or areas of this Website. Any such terms will not vary or replace these terms and conditions regarding any use of this Website, unless otherwise expressly stated.
PerfectShare is concerned about privacy and has developed a policy to address privacy concerns. User can find the current privacy policy at www.perfectshare.net (the "Privacy Policy"). The Privacy Policy is hereby incorporated into these terms and conditions by reference, and constitutes a part of these terms and conditions.
With respect to any and all disputes arising out of or in connection with this Website or the Perfectshare application or these terms and conditions (including without limitation the Privacy Policy), PerfectShare and User agree to negotiate in good faith and undertake reasonable efforts to cooperate with one another in order to achieve a mutually satisfactory resolution. PerfectShare DBA Fixed Element Inc., has no obligation to become involved in any dispute between a User, Account holder (site owner) and any other person. This Website, these terms and conditions and any dispute arising in connection therewith shall be exclusively governed by and construed in accordance with the laws of the State of Michigan without regard to its conflict of law principles. PerfectShare and User agree that all disputes arising under this agreement will be settled exclusively through confidential binding arbitration in Port Huron, Michigan or another forum mutually agreed upon by the parties, pursuant to the Rules of Arbitration ("Rules") of the International Chamber of Commerce ("ICC") by a sole arbitrator nominated by agreement of the parties and confirmed in accordance with the said Rules. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. User agrees that PerfectShare is entitled to obtain preliminary injunctive relief to the extent allowed by law to enforce any of the terms of these terms and conditions pending a final arbitral decision. In the event that a paid or trial perfectshare account holder or any third party associated with an account holder becomes invovled in any litigation and attempts to enjoin or otherwise involve PerfectShare DBA Fixed Element Inc., in any form or litigation, the account holder an or the associated third party will obtain and pay legal counsel on behalve of and at the direction or PerfectShare DBA Fixed Element Inc. for the purpose said litigation.
Payments - We accept Visa, Mastercard, American Express, Paypal, Electronic Bank Draft and Company checks.
Invoice Terms - For those accounts which require invoicing, we also accept corporate purchase orders and will bill at net 10 days. If using a P.O. all plans must be purchased in a single annual payment.
Cancellations - PerfectShare does NOT pro-rate partial months. When cancelling you account you must do so prior to the 15th of the month if you wish to end service within any given month. PerfectShare typcially debits credit cards and bank accounts on the 15th. If you cancel after the 15th, your subscruption will be paid and run through the following month. However, no further charges will be incurred.
Refunds - PerfectShare will issue a refund ONLY in the event we inadvertantly charge or inappropriately bill your account. Refunds ARE NOT provided for account cancellations beyond the designated billing date for your account within a specific month.
These terms and conditions and the Privacy Policy referenced herein constitute the complete agreement between the parties with respect to their subject matter and supersede any prior agreement or communication. These terms and conditions are subject to change from time to time. PerfectShare will endeavor to post a notice of any changes to these terms and conditions for a period of thirty (30) days following any such modifications. Therefore, User is advised to review these terms and conditions occasionally, or at least every thirty (30) days. User's continued use of this Website subsequent to PerfectShare's notice of modification of these terms and conditions shall constitute User's acceptance of the modified terms and conditions. If any term or provision of these terms and conditions shall be found to be invalid, illegal or otherwise unenforceable, such finding shall not affect the other terms or provisions of these terms and conditions, or the whole of these terms and conditions, but such term or provision shall be deemed modified to the extent necessary to render such term or provision enforceable, and the rights and obligations of the parties shall be construed and enforced accordingly, preserving to the fullest permissible extent the intent and agreements set forth in these terms and conditions. User's obligations pursuant to these terms and conditions shall survive termination of this Website, any use by User of this Website or the PerfeShare application, any Content of User on this Website, or these terms and conditions.
If you have any questions regarding these Terms of Use, please Contact PerfectShare.net.