User's Acknowledgment and Acceptance of Terms and Conditions
Perpetual Assets provides the website www.perpetualassets.com (the “Website”) and other services, including services offered on the Website and services not available directly from the Website, subject to Your compliance with and Your agreement to all the terms, conditions, and notices contained or referenced herein (the “User Agreement”), as well as any other written agreement between Perpetual Assets and You or Your company. The terms “You” and “Your” as used herein refer to the visitor to the Website and/or any person or entity who uses Perpetual Assets services. These terms and conditions apply to all orders, purchases, and sales, whether made through the Website, by telephone, or otherwise. In addition, when using particular services or materials on this Website, You shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in this User Agreement. All such guidelines or rules are hereby incorporated by reference into this User Agreement.
Before You place any orders to purchase from Perpetual Assets, You must read and accept all of the terms in this User Agreement. Your use of this Website and/or Your placement of any order to purchase from Perpetual Assets, whether through the Website or otherwise, constitutes a representation by You that You have read this User Agreement and agree to bound by the terms and conditions contained herein.
This User Agreement is effective as of July 1st, 2013 for all existing customers and all existing users of this Website, and will be effective upon acceptance, as set forth above, for all new customers and all new users of this Website or Perpetual Assets services. Perpetual Assets reserves the right to change the terms and conditions of this User Agreement from time to time without notice to You. You acknowledge and agree that it is Your responsibility to review the Website and this User Agreement periodically, and to be aware of any modifications. Your continued use of this Website and/or Your continued use of any services provided by Perpetual Assets after such modifications will constitute Your acknowledgement of the modified User Agreement and Your agreement to abide and be bound by the modified User Agreement.
As used in this User Agreement, references to our “Affiliates” include our owners, subsidiaries, parent companies, affiliated companies, officers, directors, managers, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Website and/or its contents.
Disclaimer of Warranties
Perpetual Assets makes no warranty whatsoever and makes no representations or warranties regarding the availability, suitability, reliability, merchantability, non-infringement, capability, usefulness, or fitness for any general or particular purpose of the Website, or the services provided by or through the Website, or regarding the timeliness, accuracy or usefulness of information obtained from or through the Website. The Website and any materials or services provided by or through the Website is provided to You on an “AS IS” and “AS AVAILABLE” basis without warranty of any kind, either express or implied.
This Website could include technical or other mistakes, inaccuracies or typographical errors. We may make changes to the materials and services on the Website, including the prices and descriptions of any product, at any time without notice. The materials or services on the Website may be out of date, and we make no commitment to update such materials or services.
The use of the services or the downloading or other acquisition of any informational materials through this Website is done at Your own discretion and risk, and with Your agreement that You will be solely responsible for any damage to Your computer system or loss of data that results from such activities.
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Electronic Order Entry Risk – Disclaimer and Limitation of Liability
Perpetual Assets disclaims any liability or responsibility for orders placed through the Perpetual Assets online order entry system, including, but not limited to, any loss or damage, whether direct, indirect, consequential, or incidental, that You or any third-party may suffer or incur as a result of the use of the Perpetual Assets online order entry system, whether such loss or damage is caused by the Perpetual Assets online order entry system or otherwise. Further, Perpetual Assets disclaims any liability or responsibility for the interruption, cancellation, or other termination of the Perpetual Assets online order entry system.
All orders placed through the Perpetual Assets online order entry system are taken on a best efforts basis. Perpetual Assets shall not be responsible for errors, negligence, or inability to execute such orders. Further, You understand and agree that the services available on this Website are provided “AS IS” and that Perpetual Assets shall not be responsible for any delays in the transmission, delivery, mis-delivery, deletion, or execution of customer’s orders, due to failure of transmission, or breakdown or failure of communication facilities, or due to any other cause beyond Perpetual Assets reasonable control.
You shall indemnify and hold harmless Perpetual Assets and its affiliates, subsidiaries, parent companies, directors, officers, managers, and members from and against any and all costs, damages, expenses, liabilities, and obligations, including, without limitation, reasonable attorneys' fees that Perpetual Assets and/or You may incur as a result of, or in connection with any breach of any representation or warranty made by You to Perpetual Assets, or Your failure to comply with this User Agreement or any policy adopted by Perpetual Assets.
Market Loss Policy
When purchasing from Perpetual Assets, once Your order is confirmed with a confirmation number, the price for the product(s) included in Your confirmed order (the “Confirmed Purchase Price”) is established for You. You cannot cancel the confirmed order. If payment in full for Your confirmed order is not postmarked within 1 business day after Your order is confirmed for Personal Check, Cashier’s Check, or Money Order transactions, or received within 1 business day after Your order is confirmed for Bank Wire transactions, Your confirmed order may be offset and the Offset Amount will be determined as of the last day upon which payment would have been timely. If the Offset Amount is less than the Confirmed Purchase Price, such deficiency is your responsibility, and You shall remain liable to Perpetual Assets for that amount. For any offsetting transaction, a $35 administrative fee will be charged to You and Perpetual Assets shall have no liability to You for the product(s) included in Your confirmed order. Any market gain on any offsetting transactions shall remain the sole property of Perpetual Assets.Perpetual Assets issues a 5% credit card authorization hold with all transactions. If payment is not received in a timely manner we reserve the right to capture and keep said 5%.
In addition to those rights and remedies available to Perpetual Assets under this User Agreement and/or otherwise, if, at any time, You fail to comply with any term of this User Agreement, Perpetual Assets may cancel any pending order from You, whether such pending order be for a purchase or sell order and whether confirmed or not. In the event that Perpetual Assets chooses to cancel an order from You, Your exclusive remedy and Perpetual Asset’s entire liability, if any, in connection with such cancellation is, in the case of a purchase order, a refund of the amount that You paid in the transaction, if any, or (2) in the case of a sell order, return of the items received by Perpetual Assets that were included in the transaction, if any.
Notwithstanding Perpetual Asset’s liability, if any, in connection with its cancellation of an order, Perpetual Assets may apply any of Your funds in its possession to pay any of Your monetary obligations to Perpetual Assets, and may offset any monetary obligations that Perpetual Assets has to You against any monetary obligations You have to Perpetual Assets.
Default; Rights and Remedies
In the event of any failure by You to comply with this User Agreement and/or Your obligation to make payment to Perpetual Assets, Perpetual Assets may charge any and all market losses incurred by Perpetual Assets,and the administrative fees for accepting your orders to either buy from us, to the credit card account that you have provided to Perpetual Assets. You expressly authorize Perpetual Assets to charge your credit card for all such amounts.
In addition, upon any failure by You to comply with Your obligations to Perpetual Assets, Perpetual Assets shall have all of the rights and the remedies available to Perpetual Assets, whether at law, in equity, or otherwise, including without limitation, rights and remedies under this User Agreement. Without limiting or waving any of such rights and/or remedies, Perpetual Assets may turn Your account over to a collection agency or a lawyer for collection. No delay or failure on the part of Perpetual Assets in exercising any right or any remedy shall operate as a waiver of such right or such remedy, and any partial exercise of any right or any remedy shall not preclude or constitute a waiver of further exercise of that right or that remedy, or the exercise of any other right or any other remedy.
Further, and in addition to the other rights and remedies available to Perpetual Assets, in the event of any failure by You to comply with this User Agreement, Perpetual Assets may, without limiting its other rights and/or its other remedies, suspend or terminate Your account. The suspension or the termination of Your account shall not affect Your obligations under this User Agreement.
In addition, and without limiting any other rights and/or any other remedies available to Perpetual Assets, Perpetual Assets may apply any of Your funds in its possession to pay Your monetary obligations to Perpetual Assets, and may offset any monetary obligations that Perpetual Assets has to You against Your monetary obligations to Perpetual Assets.
Costs and Expenses of Collection
In the event that Perpetual Assets must take any action against You to enforce Your obligations under this User Agreement, including, without limitation, turning Your account over to a collection agency or a lawyer for collection, You shall pay all of the costs and the expenses incurred by Perpetual Assets, including, without limitation, reasonable attorneys' fees, in connection with such action.
Limitation of Liability
You are subject to the Disclaimers contained in this User Agreement, and the limitations of liability and other policies adopted by Perpetual Assets, all as set forth herein. In the event that, notwithstanding such limitations of liability and Disclaimer, Perpetual Assets is determined to be liable to You in connection with any transaction between Perpetual Assets and You, or Your use of this Website, Your exclusive remedy and Perpetual Asset’s entire liability, if any, for any claims arising out of such transaction or Your use of this Website shall be limited to the greater of one of the following: (1) the amount, if any, that You paid in the transaction; or (2) $100.
IN NO EVENT SHALL PERPETUAL ASSETS OR ITS AFFILIATES, SUBSIDIARIES, PARENT COMPANY(S), DIRECTORS, OFFICERS, OR MANAGERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ANY TRANSACTION BETWEEN PERPETUAL ASSETS AND YOU (EXCEPT AS SET FORTH HEREIN), OR THE USE OF THIS WEBSITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS WEBSITE.
If Perpetual Assets cannot perform any of its obligations hereunder as a result of any event that is beyond its control, Perpetual Asset's delay or failure to perform such obligation shall be excused and Perpetual Assets shall not be liable to You, for damages or otherwise, as a result of, or in connection with, such delay or such failure.
You hereby agree to, and shall, execute and deliver such other documents and take such other actions as may be reasonably requested by Perpetual Assets to carry out this User Agreement.
Any proper court located in Dallas County, Texas shall have exclusive jurisdiction of all disagreements and/or disputes between Perpetual Assets and You. Any action to resolve such disagreements or disputes must be brought exclusively in such courts. You hereby consent to the personal jurisdiction of those courts for the purpose of resolving such disagreements or disputes, and You waive all objections to the jurisdiction of such courts.
Choice of Law
This User Agreement shall be governed by, and interpreted in accordance with, the laws of the state of Texas, without regard to conflict of laws principles.
Waiver of Jury Trial; Arbitration
Both Perpetual Assets and You waive the right to trial by jury in connection with any disagreement or dispute resulting from, or in connection with, this User Agreement and/or any transaction between You and Perpetual Assets.
Absence of Relationship
The sole relationship between Perpetual Assets and You is a purchaser-seller relationship. No other relationship, including, without limitation, any agent-principal relationship, any employee-employer relationship, any franchisee-franchisor relationship, any joint venture relationship or any partnership relationship, between Perpetual Assets and You exists.
You may not assign this User Agreement or any of Your rights or Your obligations under this User Agreement without the prior written consent of Perpetual Assets, which may be granted or withheld by Perpetual Assets in its sole discretion. This User Agreement shall be binding on all permitted assigns and successors of Perpetual Assets and You.
Either Perpetual Assets or You may terminate this User Agreement, with or without cause, at any time by written notice to other party. The termination of this User Agreement shall not affect the rights and the obligations of Perpetual Assets and You with respect to the period prior to the termination.
Although this Website may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this Website is void where prohibited.