Last updated November 18, 2015
Please read all of these terms of use (“Terms”) carefully before using this website because it affects your legal rights and obligations.
This Agreement and Your Acceptance
The website www.perpetuapower.com is owned, operated and provided by Perpetua Power Source Technologies, Inc. (“Perpetua”) from its offices in Corvallis, Oregon, USA.
You agree to these terms by accessing or using any of the content, tools products or services, websites and mobile applications provided by this website, our mobile applications, and any information, tools, services available from the websites and mobile applications (collectively, “Services”). If you do not agree to be bound by all of these Terms, including our Privacy Policy incorporated herein by reference, do not access or use the Services. This agreement requires the use of binding arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute.
Our Services
Our Services are provided for your personal information and non-commercial use. There will be occasions our Services may be interrupted due to scheduled maintenance or upgrades, emergency repairs, failure of telecommunications links and/or equipment, or similar occurrences.
Our Services contain text, software, images, photographs, graphics, audio, video, applications, user interfaces, visual interfaces, logos, designs, product names, and technical specifications (“Materials”) which are derived in whole or in part from information and materials supplied by us and other sources, and are protected by, copyright, trademark, patent, and other applicable laws. The entire content of the site is copyrighted as a collective work under the United States Copyright Laws. Trademarks, logos, and service marks displayed on the site are registered and unregistered trademarks of Perpetua Power Source Technologies, Inc., its subsidiaries and affiliated companies, its licensors or content providers, or other third parties. All of these trademarks, logos, and service marks are the property of their respective owners. Nothing on this Site shall be constructed as granting any license or right to use any trademark, logo, or service mark displayed on the site without the owner’s prior written permission.
The use of any such Materials on any other website or networked computer or environment without our express written consent is prohibited. Materials may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way nor may they be decompiled, reverse engineered or disassembled, except that you may download one copy of the Material on any single computer for your personal, non-commercial use, provided you keep intact all copyright, trademark and other proprietary notices and make no change in or deletion of author attribution. This limited authorization is not a transfer of title in the Materials, and, by your use of our Services, you acknowledge that you do not acquire any license, ownership or other rights to the Materials.
Use of Our Services
In order to access some features of our Services, you may have to create an account. You may not:
Create an account for anyone other than yourself.
Use another User’s account without permission, or solicit, collect or use the login credentials of other Users.
Sell, transfer, license or assign your account, username, or any account rights.
When creating your account, you must provide true, current, accurate and complete information, and you must update your information as necessary to maintain its truth and accuracy. You are responsible for keeping your password secure and you are responsible for the activity that occurs on your account. You may be liable for our losses or the losses of others due to unauthorized use. If you become aware of any breach of security or unauthorized use of your password or of your account, you should notify us immediately.
You agree you have the legal right and capacity to enter into these Terms and to comply with all laws, rules and regulations (e.g., federal, state, local and provincial) applicable to your use of our Services and your User Submissions, including, but not limited to, copyright laws and export laws.
You may not:
Circumvent, disable or otherwise interfere with any security related features of our Services or features that prevent or restrict use or copying of any Materials and User Submissions or enforce limitations on use of our Services and the Materials or User Submissions.
Engage in any activity that interferes with or disrupts our Services (or the servers and networks which are connected to our Services), including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature.
Inject content or code or otherwise alter or interfere with the way any part of our Services is rendered or displayed in a User’s browser or device.
Change, alter or modify any part of our Services for any reason.
Use or launch any type of automated system, including but not limited to, “robots,” “spiders,” or “offline readers,” etc., that accesses our Services in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser.
Access (or attempt to access) any of our Services, including Materials and User Submissions, by any means other than through the interfaces that are provided by us.
Use our Services for any illegal or unauthorized purpose.
User Submissions
You are responsible for any content you submit, post or display (e.g., images, photographs, graphics, audio, video, text, information, works of authorship, applications, links, and other communications, content or materials) (collectively, “User Submissions”), including, but not limited to, any damages resulting from any infringement of copyright, patent, trademark, proprietary rights, or any other harm resulting from such a submission.
Your User Submissions must comply with the following:
You may not submit abusive, obscene, threatening, harassing, defamatory, libelous, offensive, violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive User Submissions via our Services, or User Submissions that encourage conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or are otherwise inappropriate.
You may not post advertisements, solicitations or spam links to other websites or individuals, without prior written permission from us.
You may not defame, stalk, bully, abuse, harass, threaten, impersonate or intimidate people or entities.
You may not make false or misleading statements.
You may not submit private, confidential or sensitive information unless specifically requested by us (e.g., providing credit card information to complete a purchase transaction via our Services).
It has been and remains our policy not to accept or consider ideas, suggestions or materials other than those that we have specifically requested from you. Any information or material you send to us will be deemed not to be confidential or proprietary. Our Services may now or in the future permit User Submissions and the hosting, sharing, and/or publishing of such User Submissions. No User Submissions are confidential whether published or not. You also acknowledge that the Internet may be subject to breaches of security and that the submission of User Submissions or other information cannot be guaranteed to be secure.
You retain all of your ownership rights in your User Submissions. By submitting information and material via our Services, you automatically grant to us (or warrant that the owner of such information and material has expressly granted to us) a royalty-free, perpetual, irrevocable, unrestricted, right and license to use, reproduce, display, perform, modify, adapt, publish, translate, transmit and distribute, or otherwise make available to others such information and material (in whole or in part and for any purpose) worldwide and/or to incorporate it in other works in any form, media, or technology now known or hereafter developed. You also agree that we are free to use any ideas, concepts, know-how, or techniques that you send to us for any purpose.
We reserve the right to determine in our sole discretion whether User Submissions are appropriate and comply with these Terms for reasons including, but not limited to, excessive length. We may, but have no obligation to, at any time, without prior notice and in our sole discretion, remove, edit, block, and/or monitor User Submissions or terminate a User’s access for submitting such material in violation of these Terms.
This Site may allow for a “live chat” feature. In that case, any communication that you have or content that you submit via the live chat feature is considered to be a “User Submission.” In particular, we do not guarantee any confidentiality with respect to any live chat.
Third-Party Content and Linked Sites
When using our Services, you may be exposed to User Submissions submitted, posted or displayed by users from a variety of sources. We are not responsible for the accuracy, usefulness, safety, or intellectual property rights relating to such user posted content. You agree to waive any legal or equitable rights or remedies you have or may have against us with respect thereto to the fullest extent permitted by law.
We may provide links to other independent third party websites (“Linked Sites”) as a convenience to you. If you use these links, you do so at your own risk. We have no control over, and assume no responsibility for, the content, services, privacy policies, terms of use, or practices of any third party websites. Inclusion of such content and links does not imply our sponsorship or endorsement of the same (including the information or materials appearing or any of products and services described on Linked Sites), our affiliation or association with any such content and links, or that any Linked Site is authorized to use any trademark, trade name, logo, or copyright of Perpetua, its subsidiaries or affiliates. We will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. Your correspondence and business dealings with third parties found through our Services are solely between you and the third party.
Disclaimer
Our Services, including, without limitation, the sites, Materials, User Submissions, any products or services available on our Services and all the information, software, facilities, services, related communications, and other content therein are provided on an “as is,” “as available,” and “with all faults” basis. To the fullest extent permissible under applicable law, we disclaim all representations or warranties, express or implied, of any kind, including, but not limited to: warranties of merchantability; non-infringement; fitness for particular purpose; warranties arising from course of dealing or course of performance; the accuracy, reliability, usefulness, or completeness of any information contained in our Services; that access to our Services will be uninterrupted or error-free; and that our Services will be secure. We assume no responsibility and shall not be liable for any damages of any nature caused by the use of our Services, including damages caused by viruses, worms, trojan horses or any other computer software or anomaly that may infect, affect, or damage your computer hardware, software, memory or any other property of yours or others, as a result of your access to or use of our Services.
We disclaim any responsibility or liability to any person or entity for any loss, damage (whether actual, consequential, punitive or otherwise), injury, claim, liability or other cause of any kind or character based upon or resulting from any materials, content, User Submissions, or products or services advertised or offered by a third party through our services or featured in any banner or other advertising.
Limitation of Liability
You agree that you assume full responsibility for your use of our Services. Under no circumstances will we, our suppliers or other third parties mentioned or involved in creating, producing, or delivering our Services be liable for any direct, incidental, consequential, indirect, special or punitive damages whatsoever (including without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use, inability to use or the results of use of our Services, or any materials contained in any or all such Services (including but not limited to those caused by or resulting from a failure of performance; error; omission; linking to Linked Sites; interruption; deletion; defect; delay in operation or transmission; computer virus; communication line failure; or destruction, unauthorized access to, alteration of, or use of any computer or system), whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions, or conduct of any user or third party, including User Submissions and Linked Sites. The maximum total liability of Perpetua and its subsidiaries, affiliates and our officers, directors, shareholders, predecessors, successors in interest, employees, and agents, to you for any claim under these Terms, whether in contract, tort, or otherwise, is $50. If you are dissatisfied with any of the Materials contained in our Services, or with any of these Terms, your sole and exclusive remedy is to discontinue accessing and using our Services.
By accessing our Service, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and hereby expressly waive, the benefits of section 1542 of the civil code of the State of California, and any similar law of any U.S. state or territory, which provides as follows: “a general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
Indemnity
You agree to indemnify, defend and hold us, our officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates harmless from any demands, loss, liability, claims and expenses (including attorneys’ fees) made against Perpetua by any third party due to arising out of or in connection with: (i) your User Submission or your use of and access to our Services; (ii) your breach or alleged breach of these Terms; (iii) your violation or alleged violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances or orders; (v) any claim that your User Submission caused damage to a third party; or (vi) any misrepresentation made by you. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification and defense by you, and you will not in any event settle any claim without our prior written consent. You will cooperate as fully required by us in the defense of any claim. This defense and indemnification obligation will survive these Terms and your use of our Services.
Changes and Termination of the Terms
We reserve the right, in our sole discretion, to revise these Terms at any time and correct any errors or omissions in any portion of our Services and Materials, and will post updates on this webpage with a new effective date. Materials may also be changed, modified, added, or removed and updated without notice at any time; however, we are under no obligation to update Materials. We may also make changes in the products, services, programs, or prices (if any) described in our Services at any time without notice. Your continued use of our Services after any change we make to our Services will be considered acceptance of those changes. You should revisit these Terms from time to time to review the then-current Terms because they are binding on you.
These Terms will remain in full force and effect so long as you continue to access or use our Services, or until terminated in accordance with the provisions of these Terms. At any time, we may (i) suspend or terminate your rights to access or use our Services, or (ii) terminate these Terms with respect to you if we believe that you have restricted or inhibited any other user from using or enjoying our Services or in any other way have used our Services in violation of these Terms. Upon termination of these Terms, your authorization to use our Services automatically terminates and you must immediately destroy any downloaded or printed Materials.
Governing Law and Arbitration
These Terms shall be governed by the laws of the State of Oregon, U.S.A., without giving effect to any principles of conflicts of law or the 1980 U.N. Convention on contracts for the international sale of goods. Any claim or dispute between you and Perpetua that arises in whole or in part from our Services shall be decided exclusively through binding, individual arbitration in the State of Oregon, U.S.A. You agree that disputes between you and Perpetua will be resolved by binding arbitration and you waive your right to participate in class action lawsuits or class-wide arbitration. In the event that binding arbitration is not enforceable, you consent to the exclusive jurisdiction of the State of Oregon, U.S.A. for the resolution any disputes. Any cause of action you may have with respect to your use of our Services must be commenced within six (6) months after the claim or cause of action arises.
Entire Agreement and Void Where Prohibited
These Terms constitute the entire agreement between Perpetua and you with respect to your use of our Services. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
Our obligations and responsibilities regarding our products and services are governed solely by our terms and conditions of sale or license under which such products and services are sold or licensed.
We make no representation that the Materials in our Services are appropriate or available for use at other locations, and access to them from territories where their contents are illegal is prohibited. If you access our Services from a location outside of the State of Oregon, you are responsible for compliance with all applicable local laws. You may not use our Services or export information and materials in violation of the export laws of the United States or any other country.
www.perpetuapower.com is administered by Perpetua from our offices in the United States and hosted on servers located in the United States; other Perpetua sites may be administered and operated from various locations outside the United States. Materials published on a site, or otherwise included in our Services, may refer to products, programs, or services that are not available in your country.