Effective Date: October 10, 2017
1. Your Account
The Website allows users (“Users”) to create a Petalura Account. To create an Account, you must select provide certain personal information to Petalura and submit a valid password. In consideration of the use of the Website, you agree to: (a) provide true, accurate, current and complete information about yourself when creating an Account, and (b) maintain and promptly update the personal information you provide in connection with your Account to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Petalura has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Petalura has the right to suspend or terminate your Account and refuse any and all current or future use of the Website or Website services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activity associated with your Account. You agree to (a) immediately notify Petalura of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you logout from your Account at the end of each session. Petalura will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
2. User License
Any rights regarding Petalura and Website content not expressly granted herein are reserved.
b. User Conduct. You agree that your use of the Website and/or services on the Website is subject to all applicable local, state and federal laws and regulations. You also agree:
to comply with US law and local laws or rules regarding online conduct and acceptable material;
- not to use the Website or their services or submit content to the Website if you are under the age of 13;
- not to access the Website or services using a third-party’s Account/registration without the express consent of the Account holder;
- not to use the Website for illegal purposes;
- not to commit any acts of infringement on the Website or with respect to content on the Website;
- not to use the Website to engage in commercial activities apart from sanctioned use of Petalura services;
- not to post content to the Website for or with any commercial or other purpose or intent that does not in good faith comport with the purpose or spirit of the Website;
- not to attempt to gain unauthorized access to other computer systems from or through the Website;
- not to interfere with another User’s use and enjoyment of the Website;
- not to disrupt, interfere with, or otherwise harm or compromise the security of the Website, or any services, system resources, Accounts, passwords, servers or networks connected to or accessible through the Website.
c. Harm from Commercial Use. You agree that the consequences of commercial use or re-publication of content or information from the Website may be so serious and incalculable that monetary compensation may not be a sufficient or appropriate remedy and that Petalura will be entitled to temporary and permanent injunctive relief to prohibit such use.
3. Website Content
a. Nature of User Material. Some of the services offered by Petalura on the Website allow Users to post, transmit, display, publish, distribute, or otherwise submit user generated material including, but not limited to, product/service reviews (“User Content”). You agree not to post any User Content on the Website that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- advertises, disparages, promotes or offers to trade any goods or services in any manner that does not comport with the purpose or spirit of the Website, including, but not limited to, negative reviews posted by competing merchants;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a minor without consent of a parent, guardian or educational supervisor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- links to any commercial or other website; and/or
b. User Representations and Warranties. Each time you post User Content to the Website, you represent and warrant that you have the right to provide such User Content, which means:
- you are the author of the User Content, or
- the User Content is not protected by copyright law, or
- you have express permission from the copyright owner to use the User Content in connection with the Website; and
- for User Content reviews, you have had first hand experience with the subject product or Merchant; and
- you have not received anything of value in exchange for your User Content;
d. Disclaimer of Responsibility for Material. User Content is not endorsed by Petalura, and does not represent the views of Petalura. You acknowledge and agree that Petalura does not control all User Content, and disclaims any responsibility for such User Content. Petalura specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User Content. In addition, Petalura does not represent or warrant that any other content or information accessible via the Website is accurate, complete, or current. Product price, description and product/service availability are subject to change without notice. Petalura assumes no responsibility or liability for any errors or omissions in the content of the Website.
e. Review & Removal of Material.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under US copyright law. If you believe in good faith that User Content posted by the Website infringes your copyright, you (or your agent) may send Petalura a notice requesting that the material be removed from the Website, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Website are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Petalura to locate the material on the Website; (d) the name, address, telephone number and email address (if available) of the complaining party; (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, its agent or the law; and (f) a statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Website should be sent to 2950 W. Carroll Ave, Suite 3N, Chicago IL 60612. Petalura suggests that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
4. Termination and Modifications to the Website
Petalura reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Website and/or services offered on or through the Website (or any part thereof), including but not limited to the Website’ features, look and feel, and functional elements and related services.
6. Disclaimer of Warranties
THE INFORMATION, CONTENT, PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PETALURA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM DEFECTS AND COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
7. Limitation of Liability
IN NO EVENT SHALL PETALURA BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY LOSS OR DAMAGES WHATSOEVER, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, PERFORMANCE OF, OR GOODS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. PETALURA ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM THE WEBSITE. PETALURA ASSUMES NO RESPONSIBILITY OR LIABILITY IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, SERVICES, OR MATERIAL AVAILABLE ON OR THROUGH THE WEBSITE, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITE LINKED TO THIS WEBSITE, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PORNOGRAPHY, PROFANITY, DANGER, INACCURACY CONTAINED THEREIN OR HARM TO PERSON OR PROPERTY CAUSED THEREBY. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL PETALURA’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO PETALURA, IF ANY, OR (B) $100 (WHICHEVER IS LESS).
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
8. Cancellation, Termination, Transfer, and Expiration of Account or Services
Upon cancellation or termination by either party, of your Account, your password, and/or use of any service provided on or through the Website, you will have no right to any User Content you have provided, and Petalura may temporarily or permanently block access to, remove, deactivate, delete, and discard all such User Content. Petalura accepts no liability for removed or deleted User Content. In addition, any contracts (verbal, written, or assumed) with respect to your Account, User Content, and/or use of any service on the Website, will be terminated at Petalura’s discretion. You agree that Petalura shall not be liable to you or any third-party for any termination of your access to any service.
Upon suspension, cancellation, or termination of your Account or your use of any service provided on or through the Website (for whatever reason), there shall be no refund of money you paid to Petalura.
Petalura®is a trademark of Petalura. The trademark (as well as other trademarks that Petalura may use or register) and other logos, and names of Petalura, used on or in connection with the Website may not be used in connection with any product or service that is not under Petalura’s ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Petalura. All other trademarks not owned by Petalura (or its affiliates) that appear on the Website are the property of their respective owners.
11. Jurisdiction, Applicable Law, and Limitations
e. Contact Petalura. For purposes of providing notice of cancellation or termination, contact us at info@Petalura.com or 3536 N. Knox Avenue, Chicago, IL 60641.