Permaweb

TERMS OF USE

Effective Date: November 15, 2019

We collect information about you through your use of the Service and/or any of our Platforms. By using the Service or any of our Platforms, you consent to the collection, processing and storage of your personal information as described in our Privacy Policy. Our Privacy Policy is incorporated into and made a part of these Terms by this reference.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS PERMAWEB AND OUR AFFILIATES, AS WELL AS OUR AND THEIR RESPECTIVE SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, REPRESENTATIVES, AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, PENALTIES, FEES, OR EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) INCURRED, DIRECTLY OR INDIRECTLY, IN CONNECTION WITH YOUR ACCESS TO OR USE OF (I) THE SERVICE, ANY OF OUR PLATFORMS, ANY OF THE PERMAWEB CONTENT, OR ANY OF YOUR CONTENT, OR (II) YOUR VIOLATION OF ANY OF THESE TERMS OR ANY THIRD-PARTY RIGHTS. Notwithstanding anything to the contrary herein, your obligations in this Section 9 do not apply to any claims, damages, obligations, losses, liabilities, costs, penalties, fees, or expenses of any kind to the extent arising from any act or omission of Permaweb or any of our affiliates.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICE, OUR PLATFORMS, ALL PERMAWEB CONTENT, AND ALL DELIVERABLES ARE PROVIDED ON AS “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PERMAWEB DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. PERMAWEB DOES NOT WARRANT THAT ACCESS TO THE SERVICE OR THE PLATFORMS WILL BE UNINTERRUPTED, ERRORFREE OR SECURE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, OR THE DELIVERABLES WILL BE FREE OF VIRUSES, TROJANS OR ANY OTHER HARMFUL COMPONENTS. YOUR ACCESS TO AND USE OF ANY OF THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, OR YOUR CONTENT IS AT YOUR OWN RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR MOBILE DEVICE, OR ANY LOSS OF DATA, RESULTING FROM YOUR ACCESSING OR USING THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, OR YOUR CONTENT. To the extent that applicable law does not allow limitations of implied warranties, some or all of the limitations or exclusions in this Section 10 may not apply to you.

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, PERMAWEB AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, ARISING FROM YOUR USE OF OR INABILITY TO USE THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, OR YOUR CONTENT, EVEN IF PERMAWEB OR ANY OF ITS AFFILIATES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. YOUR SOLE AND EXCLUSIVE REMEDY FOR ISSUES RELATING TO YOUR USE OF ANY OF THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, OR YOUR CONTENT, IS TO DISCONTINUE YOUR USE OF THE SERVICE, THE PLATFORMS, THE PERMAWEB CONTENT, AND YOUR CONTENT. To the extent that applicable law does not allow limitations of liability, some or all of the limitations or exclusions in this Section 11 may not apply to you.

The Service and our Platforms are intended only for natural persons who are citizens or other lawful residents of the United States of America, including any of its territories or possessions (collectively, the “U.S.”), and who are located in the U.S. We do not intend to and do not offer the Service outside the U.S. We control and operate the Service and our Platforms from our offices in the U.S., and all information in connection therewith is processed within the U.S. We do not represent that any material available through the Service or on any of our Platforms is appropriate or available for use in locations other than the U.S. 

Permaweb reserves the right to terminate your access to or use of the Service and/or any of our Platforms at any time in our sole discretion. Upon any such termination, you must destroy any Permaweb Content obtained from our Platforms and all copies thereof. The provisions of these Terms which contemplate surviving, including the provisions concerning security, prohibited activities, copyrights, trademarks, disclaimers, limitation of liability, indemnity, and jurisdictional issues, shall survive any such termination.

Any claim, dispute or cause of action arising from these Terms or any use of the Service, any of our Platforms, or any Permaweb Content (“Dispute”) shall be governed and construed in accordance with the laws of the State of Delaware, without reference to any conflicts of law provisions therein.

If you have any question about these Terms, our Privacy Policy, the Service, or any of our Platforms, please contact us at support@permaweb.io.