Terms of Service
1. Acceptance of Terms and Conditions
2. User Responsibilities & Limitations
By consenting to the Agreements, you agree:
2.1 That you are NOT under the age of 13 and the Service is NOT to be accessed by children under 13 years of age and we do not intend to collect information from children;
2.2 To accurately represent only yourself on the Service, and no other persons, living, dead, or imagined; the Service may only be used by natural persons (i.e., individuals) on their own behalf and not by or on behalf of any commercial entity unless explicitly permitted by Pirq;
2.3 To only make legitimate reserves, redemptions, and/or purchases that comply with the fine print and rules of the terms of the respective offers;
2.4 To only make reserves, redemptions, and/or purchases on the Service for your own use and enjoyment, or, when offered, as a gift for another;
2.5 To provide accurate information to Pirq and other users of the Service, including, but not limited to, information required to register with the Service and information posted in public areas of the Service;
2.6 To NOT use the Service to reproduce, duplicate, copy, sell, resell, distribute, publish or exploit for any commercial purpose the software, products, or services provided by Pirq or obtained through the Service without obtaining the express, prior written consent of Pirq. This restriction includes any attempt to incorporate any information from the Service into any other directory, product or service;
2.7 To provide for your own access to the Service, including but not limited to obtaining and maintaining all telephone, computer hardware and software, and other equipment and paying all related charges;
2.8 To NOT attempt to, or actually access data not intended for you, such as logging into a server or an account which you are not authorized to access;
2.9 To NOT tamper or interfere with the proper functioning of any part, page or area of the Service and any and all functions and services provided by Pirq;
2.10 To NOT attempt to interfere with service to any user in any manner, including, without limitation, by means of submitting a virus to our Service, or attempts at overloading, "flooding", "spamming", "mail bombing" or "crashing" the Site;
2.11 To NOT use the Service or any of its contents to advertise or solicit, for any other commercial, political or religious purpose, or to compete, directly or indirectly with Pirq;
2.12 To NOT resell or repurpose your access to the Service or any purchases made through the Service;
2.13 To NOT use the Service or any of its resources to solicit End Users, Merchants or other business partners of Pirq to become users or partners of other online or offline services directly or indirectly competitive or potentially competitive with Pirq, including without limitation, aggregating current or previously offered deals;
2.14 To NOT exceed or attempt to exceed quantity limits when reserving, redeeming, or purchasing Offers, or for speculative, false, fraudulent or any other purpose not expressly permitted by this Agreement and the terms of a specific offer on the Site;
2.15 To NOT access, monitor or copy any content or information from this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;
2.16 To NOT act illegally or maliciously against the business interests or reputation of Pirq, our Merchants or our services; or
2.17 To NOT hyperlink to our Service or Site from any other website without our initial and ongoing consent.
3. Registering and Creating an Account
If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account and, without limitation, you may forfeit any pending, current or future promotional account credits and any unredeemed Offers in your account.
If we terminate your account, you may not re-enroll or join under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your Pirq account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Site.
Pirq also has the right to terminate your account if you reserve Pirq Offers and do not redeem them at the vendor location. Offers that are in a "reserved" stage and not "redeemed" wastes the offer because it holds the inventory of the unique discount code. If this violation occurs 3 times in any given time period, we will terminate your account for 14 days. During this termination period, you will not be able to see, reserve, or redeem Pirq Offers.
5. Terms of Offers
Pirq Offers reserved, redeemed, and/or purchased on the Service by you as a Pirq account holder, are special promotional offers that you access from participating Merchants through our service. The Offers are redeemable for certain goods, services or experiences offered by, or facilitated through, the Merchant identified on the Pirq Offer. The Merchant is solely responsible for accepting the Offer. By reserving, redeeming, and/or purchasing an Offer, you make an offer to purchase the goods/services pursuant to the terms of this Agreement, the terms on the Pirq Offer itself and any additional, deal specific terms advertising the Pirq Offer at the time of purchase (the "Fine Print"). In the event of a conflict between the terms of this Agreement and the Fine Print, the Fine Print will govern.
If the redeeming Merchant refuses to honor a Pirq Offer, Please email Pirq at email@example.com or call 1 (425) 890-4841 (Monday through Friday, 9-5 Pacific Standard Time).
Reserves, redeems, purchase, or use or acceptance of a Pirq Offer constitutes acceptance of these Terms of Service and of any Fine Print stated on the Pirq Offer. The following terms apply to all Pirq Offers, unless stated otherwise in the Fine Print or otherwise required by applicable law:
The Merchant is the issuer of the Pirq Offer and is fully responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs ("Liabilities") it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Pirq Offer or not. You waive and release Pirq and its subsidiaries, affiliates, partners, officers, directors, employees and agents from any Liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Pirq Offer or the services/goods it provides in connection with it.
6. Vendors and Goods and Services
6.1 Pirq and the company providing your membership access expressly disclaim any liability, and will not be liable, for any loss or damage incurred as a result of any interaction between you and a vendor accessible through the Service. All matters, including but not limited to, delivery of goods and services, returns, and warranties, and the security of the purchase transactions entered into, are solely and strictly between you and the vendor.
6.2 You acknowledge that Pirq and the company providing your membership access do not endorse or warrant the vendors that are accessible through the Service nor the goods and services that they provide nor the security of your transaction with such vendors.
6.3 You acknowledge that discount offers available to members are not valid with any other offers, including (but not limited to) other coupons, promotions, discounts, or specials unless explicitly stated otherwise by the vendor. Offer terms and conditions vary by vendor, please contact participating vendors for details specific to any offer in question.
7. Third Party Content and Links
The Service may contain content supplied by third parties and links to Internet sites maintained by third parties. Pirq does not, in any respect, control such content or operate such third-party sites and does not guarantee the availability of any email from or links to third-party sites. Third-party content and links are included solely for the convenience of users, and do not constitute any endorsement by Pirq. Pirq is not responsible for the accuracy or reliability of third-party information and you assume sole responsibility for the use of third-party information.
7.1 Modifications to the Service, the Agreements, and Fees
7.2 Pirq reserves the right to modify or discontinue the Service at any time without notice to you and Pirq shall not be liable to you or any third party should Pirq exercise its right to modify or discontinue the Service.
7.3 Pirq reserves the right to modify the Agreements at any time. You are responsible for regularly viewing the Agreements. Continued use of the Service following any such changes will constitute your acceptance of such changes.
8. Ownership and Licenses
8.1 All contents of the Service are the property of Pirq, participating vendors, or advertisers. The compilation (i.e., the collection, arrangement, and assembly) of all content on the Service Web site are copyrighted by Pirq and is the exclusive property of Pirq. The Web site and contents of the Service may not be copied, distributed, or transmitted in any way without the prior written consent of Pirq; provided that you may download, print, and store a single copy of the Service for personal, noncommercial use. Use of Service contents on any other Web site or in a networked computer environment for any purpose is prohibited. You may not modify the content in any way, nor delete any copyright or trademark notice. You may not copy or adapt the HTML code and other software code used by Pirq to generate the pages of the Service Web site.
8.3 By transmitting any messages or content to public or semipublic areas of the Service, you grant to Pirq a nonexclusive, worldwide, royalty-free, perpetual, irrevocable license to use, distribute, display, and reproduce the messages and content, and to authorize use and reproduction of the messages and content by other Service users in accordance with the terms of this Agreement.
You will not attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising the Service or made available through the Service.
10. Disclaimer of Warranties
10.1 PIRQ PROVIDES THE SERVICE AND ALL RELATED SOFTWARE AND CONTENT TO YOU "AS IS," WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT; ANY WARRANTY THAT THE SERVICE OPERATES ERROR FREE OR WITHOUT INTERRUPTION; ANY WARRANTY THAT INFORMATION OBTAINED THROUGH THE SERVICE IS ACCURATE OR RELIABLE. THE ENTIRE RISK ARISING OUT OF THE USE OF THE SERVICE AND TRANSACTIONS WITH THE VENDORS REMAINS WITH YOU.
10.2 You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
10.3 Pirq makes no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service.
10.4 No advice or information, whether oral or written, obtained by you from Pirq or through the Service shall create any warranty not expressly made herein.
11. Limitation of Liability
PIRQ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM INTERRUPTION, SUSPENSION OR TERMINATION OF SERVICE, INCLUDING, WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, WHETHER SUCH INTERRUPTION, SUSPENSION OR TERMINATION WAS JUSTIFIED OR NOT, NEGLIGENT OR INTENTIONAL, INADVERTENT OR ADVERTENT, REGARDLESS WHETHER PIRQ ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES. PIRQ SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT OR SPECULATIVE DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OTHERWISE OBTAINED OR MESSAGE RECEIVED OR TRANSACTIONS ENTERED INTO, THROUGH OR FROM THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSION OF DATA, INCLUDING WITHOUT LIMITING THE FOREGOING, CONSEQUENTIAL, INCIDENTAL, AND SPECIAL DAMAGES, REGARDLESS WHETHER PIRQ HAD ADVANCE NOTICE OF THE POSSIBILITY OF ANY SUCH DAMAGES.
You agree to indemnify and hold Pirq, their affiliates, officers, directors and employees from any and all claims or demands, including the payment of reasonable attorney's fees, arising out of or relating to your use of the Service.
13.1 The Agreements comprise the entire agreement between you and Pirq and supercede all prior agreements between the parties regarding the subject matter contained herein. Any waiver of any provision of the Agreements will be effective only if in writing and signed by Pirq.
13.2 If a court of competent jurisdiction finds any provision or portion of the Agreements to be unenforceable, the remaining provisions of the Agreements will continue in full force and effect.
13.3 Any notices to you or Pirq shall be made via either email or regular mail. Pirq may also provide notices of changes to the Agreements or any other matter by displaying notices to you generally on the Service.
13.4 You agree to comply with U.S. law regarding the transmission/export of technical data through the use of the Service.
13.5 The Agreements shall be governed by the laws of the State of Washington without giving effect to provisions related to choice of laws or conflict of laws. Venue and jurisdiction of any lawsuit involving this Agreement will exist exclusively in the state and federal courts in King County, Washington.
14. NOTICE OF COPYRIGHT
Pirq is the sole owner of all copyrights in and to all original content, code, designs, and layout of the Service, and reserves all rights provided by U.S. and foreign copyright laws, including rights to copy, distribute or commercially exploit any part of the Service in any form.
Not withstanding the foregoing and in addition to any basis provided under applicable law, Pirq grants you the following revocable licenses:
Pirq values its intellectual property assets and aggressively pursues those who violate its rights in the same. Remedies for infringement of Pirq's copyrighted subject matter include injunctions against further infringement, monetary damages up to $150,000 per infringement and repayment of attorney fees. Willful copyright infringement is also a crime. If you wish to copy, distribute or commercially exploit any part of the Service that is not covered by the revocable licenses noted above, or hyperlink to any part of the Pirq website other than its primary domain landing page, you will need Pirq's written permission. Please contact us at firstname.lastname@example.org with your request and contact information.
Page Notice: All original content, designs, and layout of this website are copyright of Pirq, Inc. - © Pirq, Inc., which reserves all rights therein.
15. NOTICE OF TRADEMARKS
"PIRQ", comprise trademarks and/or service marks of, or are licensed to, Pirq, Inc. All other trademarks and services marks appearing in the PUI website that are not owned by or licensed to Pirq are the property of their respective owners, and are used herein for reference only. Pirq values its intellectual property assets and aggressively pursues those who violate its rights in the same. Remedies for infringement of Pirq's trademarks include injunctions against further infringement, recovery of the infringer's profits and monetary damages for harm caused to Pirq.
16. Pirq SMS
16.1 When you opt-in to the service, we will send you an SMS message to confirm your signup.
16.2 You can cancel the SMS service at any time. Just text "STOP". After you send the SMS message "STOP" to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
16.3 If at any time you forget what keywords are supported, just text "HELP". After you send the SMS message "HELP" to us, we will respond with instructions on how to use our service as well as how to unsubscribe.
16.4 We are able to deliver messages to the following mobile phone carriers:
Major carriers: AT&T, Verizon Wireless, Sprint, T-Mobile, U.S. Cellular, Alltel, Boost Mobile, Nextel, and Virgin Mobile.
16.5 As always, message and data rates may apply for any messages sent to you from us and to us from you. Message frequency depends on the user's interaction. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.