Terms of Use (“Terms”)
The Terms set forth below are effective 29 April 2023.
The Terms governs all use of the https://perseave.com (“Site”). By using, viewing, accessing, or downloading any content or products on the Site, you agree to and are subject to these Terms. If you or the organization you represent (“User”) does not agree with the Terms, do not use, access, or download any data, content, text, material, products, software, and resources from the Site. Certain Content may be subject to additional terms which will be posted in their respective user manuals. A separate agreement between the User and Perseave may be reached with the expressed, written consent of Perseave.
Term Modifications or Replacements
Perseave reserves the right to change or replace any of the Terms without notice to the User. The User is held responsible for reviewing any changes or replacements that may occur and accepts to check the Terms periodically. The effective date listed above will reflect when changes or modifications have been made. If any of the Terms are deemed invalid or void, that term or terms is deemed severable. The User accepts these new changes and/or replacements. If the User does not agree, the User is not permitted to access and use the Site or Content.
Accounts
User is responsible for maintaing the confidentiality of their account. User acknowledges and agrees that they are fully responsible for all activities that occur under their account. Perseave may suspend or terminate User’s account without notice. Perseave will terminate the User’s account if they violate the Copyright statement set forth in this agreement.
Copyright
The Content, provided by Perseave on the Site, such as software, products, text, images, videos, logos, graphics, data, and downloads (“Content”) is the property of Perseave and is protected by copyrights, trademarks, service marks, or other rights and laws. User agrees not to copy, sell, rent, license, modify, distribute, post, translate to another language, or publish the Content.
Warranty Disclaimer
The Site and Content is provided by ProteShea on an “as is” and “as available” basis and makes no representation or warranty of any kind as to the operation of the Site or the Content included on the Site. Content on the Site is subject to change. Perseave cannot ensure that any Content on the Site will be free of viruses, malware, or any other destructive or harmful feature.
Limitation of Liability
Perseave and its officers, shareholders, employees, contractors, agents, vendors, owners, suppliers, directors, or its licensors shall not be liable for any damages of any kind from the use of the Site and Content. This includes, but is not limited to, direct, indirect, special, incidental, exemplary, and/or consequential damages. Perseave’s aggregate liability for any and all causes relating to the use or possession of products, regardless of the form of the claim, shall be limited to the sum of $100 US dollars, whether arising out of negligence, tort, strict liability, contract, breach of agreement, or otherwise. In no event shall Perseave be liable for–and the customer or any other party shall not be entitled to–consequential, compensatory, exemplary, special, punitive, incidental, direct, or indirect damages arising out of the use or possession of products, including, without limitation, the value of the contents of products, injury, lost profits or revenue, loss of equipment, or other commercial or economic loss, whether or not the possibility of such losses or damages has been disclosed to Perseave.
Limitation of Damages
Perseave’s aggregate liability for any and all damages to the customer resulting from the use or possession of products shall not exceed the sum of $100 US dollars regardless of whether the claim giving rise to such damages is based upon negligence, tort, strict liability, contract, or otherwise.
Links to Third Party Sites
The Site may contain links to third-party websites or services that are not owned or controlled by Perseave. Perseave is a participant in affiliate advertising programs which are designed to earn a commission or fee from certain clickable links to third-party products. Perseave has no control over, and assumes no responsibility for the content, privacy policies, terms of use, or practices associated with any of the third-party websites or services. User fully acknowledges that Perseave and its officers, shareholders, employees, contractors, agents, vendors, owners, suppliers, directors, or its licensors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.
Indemnification
The laws of the State of Florida will govern these Terms without regard to principles of conflicts of laws. User acknowledges and agrees that they are personally responsible for their conduct while using the Site, and/or Content. User agrees to indemnify, defend and hold harmless Perseave, its owners, directors, officers, agents, and employees from and against all claims, losses, expenses, damages and costs, and reasonable attorney’s fees, resulting from or arising out of customer use, misuse, negligence, or inability to use the Site, Conent. This indemnification includes disputes between third parties against Perseave, as well as disputes between Perseave and User, resulting from or arising out of customer use, misuse, negligence, or inability to use the Content. User agrees that any disputes or claims that User may have against Perseave, the Site and/or Content will be resolved by the state and federal courts in the County of Saint Lucie, Florida. User agrees that in the event that any dispute or claim arises with Perseave, the Site and/or Content, User and Perseave will attempt to negotiate a written resolution of the matter that will be agreed upon by all parties involved.
Governing Law, Venue, Jurisdiction
The laws of the State of Florida will govern this Agreement without regard to principles of conflicts of laws. User agrees that any disputes or claims that User may have against Perseave, which are not subject to the arbitration clause described below, will be resolved by the state and federal courts in the County of Saint Lucie, Florida. User hereby agrees to personal jurisdiction in the County of Saint Lucie, Florida. Customer agrees, in the event that any dispute arises with Perseave, at least 30-days prior to filing any action or demanding arbitration, Customer will provide written notice to Perseave of the dispute, and attempt to negotiate a written resolution of the matter that will be agreed upon by all parties involved. In any dispute, the terms of this agreement will control.
ARBITRATION
ANY AND ALL CLAIMS OR DISPUTES BETWEEN PROTESHEA AND USER RELATING IN ANY WAY TO THESE TERMS OR THE SERVICES OR CONTENT (INCLUDING, BUT NOT LIMITED TO, THE FUELCAN, CANISTERS, ACCESSORIES, DEVELOPMENT BOARDS, KITS) PROVIDED BY PROTESHEA MUST BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. IN ARBITRATION, THERE IS NO JUDGE OR JURY, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. THE ARBITRATOR CAN AWARD ANY DAMAGES OR RELIEF ON YOUR INDIVIDUAL CLAIM THAT A COURT OF LAW COULD, INCLUDING INDIVIDUAL INJUNCTIVE RELIEF AND ATTORNEYS’ FEES WHEN AVAILABLE UNDER THE GOVERNING LAW. ALL ARBITRATIONS WILL BE CONDUCTED ON AN INDIVIDUAL BASIS, AND THERE SHALL BE NO CLASS ACTIONS IN ARBITRATION. USER AGREES THAT ANY ARBITRATION WILL OCCUR IN THE COUNTY OF SAINT LUCIE, FLORIDA.