Terms of Use

Date of Last Revision: 8/20/2015

BINDING EFFECT. This is a binding agreement. By browsing our Internet site located at URL http://www.perfectbar.com (“Home Page”) and all subsidiary pages under the perfectbar.com domain (“Site Pages” and collectively with the Home Page, the “Website”), you agree to abide by these Terms of Use, as they may be amended by Perfect Bar, LLC, a Delaware limited liability company (“Perfect Bar”) from time to time in its sole discretion. Perfect Bar will post a notice on the Website any time these Terms of Use have been changed or otherwise updated. It is your responsibility to review these Terms of Use periodically, and if at any time you find these Terms of Use unacceptable, you must immediately leave the Website and cease all use of the Website.  If you purchase a product through our online shop located at http://shop.perfectbar.com (“Online Shop”) you will have to agree to additional terms and conditions of sale with respect to our Perfect Bar products.

YOU AGREE THAT BY ACCESSING, BROWSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE.  YOU HEREBY REPRESENT THAT YOU ARE AT LEAST 18 YEARS OLD AND THAT YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.  ONLY PERSONS OF LEGAL AGE CAN ACCEPT THIS AGREEMENT.

PRIVACY POLICY. Perfect Bar respects your privacy and permits you to control the treatment of your personal information. A complete statement of Perfect Bar’s current privacy policy can be found by clicking here. Perfect Bar’s privacy policy is expressly incorporated into these Terms of Use by this reference.

USE OF WEBSITE.  Perfect Bar grants you a limited, terminable, personal, non-exclusive license to access and browse the Website.  Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with Perfect Bar.

PROHIBITED USES. Perfect Bar imposes certain restrictions on your permissible use of the Website. You are prohibited from violating or attempting to violate any security features of the Website, accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access. Any violation of system or network security may subject you to civil and/or criminal liability.

COPYRIGHTS. All contents of the Website are: Copyright © 2015 Perfect Bar, LLC, all rights reserved.  You agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit or transfer for any commercial purposes, any portion of the Website.

NO WARRANTIES. PERFECT BAR IS MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND.  TO THE MAXIMUM EXTENT PERMITTED BY LAW, PERFECT BAR HEREBY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. ANY WARRANTIES REGARDING PERFECT BAR PRODUCTS SHALL BE AS SET FORTH IN THE SEPARATE TERMS APPLICABLE TO THE ONLINE SHOP.

LIMITED LIABILITY. PERFECT BAR’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PERFECT BAR BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action.

GOVERNING LAW. These Terms of Use shall be construed in accordance with and governed by the laws of the State of California, without reference to its rules regarding conflicts of law.  You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in San Diego County, California, USA with respect to all disputes arising out of or related to your use of the Website.

SEVERABILITY; WAIVER. If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.

GENERAL. Nothing contained on the Website should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by Perfect Bar or by any third party.  In the event a dispute arises regarding these Terms of Use or the use of this Website, the prevailing party shall be entitled to recover reasonable attorneys’ fees and costs incurred, in addition to damages and any other relief to which it is entitled.  You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will 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. You may not assign these Terms of Use without the prior written consent of Perfect Bar, but Perfect Bar may assign or transfer these Terms of Use, in whole or in part, without restriction. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. Perfect Bar may also provide notices to you of changes to these Terms of Use or other matters by displaying notices or links to notices generally on the Website.  These Terms of Use, including the Privacy Policy, constitute the entire agreement between you and Perfect Bar regarding the subject matter hereof.

MODIFICATIONS. Perfect Bar may, in its sole discretion and without prior notice, (a) revise these Terms of Use; (b) modify the Website; and (c) discontinue the Website at any time. Perfect Bar shall post any revision to these Terms of Use to the Website, and the revision shall be effective immediately on such posting. You agree to review these Terms of Use and other online policies posted on the Website periodically to be aware of any revisions. You agree that, by continuing to use or access the Website following notice of any revision, you shall abide by any such revision.

ACKNOWLEDGEMENT.  BY ACCESSING AND BROWSING THE WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.