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Effective October 20, 2021
Thank you for visiting Pearl, Inc. (“Pearl,” “we,”“us,” “our”). These Terms of Use (these “Terms”)constitute a legal agreement between you and Pearl in respect of your use of the hellopearl.com website (the “Site”). Please note, these Terms only apply to your use of our Site, and do not apply to our products or services, which are governed by separate agreement.
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, YOU ARE NOT AUTHORIZED TO USE THE SITE AND YOU MUST PROMPTLY CEASE USING IT.
a. Internet Access. When using the Site on your mobile, laptop, desktop, or other device (your “Device”), you acknowledge and agree that you are responsible for (i) maintaining Internet access for your Device through a Wi-Fi or LTE data communication network and (ii) any Internet connection and telecommunications fees and charges that you incur.
b. No Guarantee. Access to the Site may be suspended temporarily and without notice (i) in the event of system failure, (ii) for maintenance or repair,(iii) where we reasonably suspect there has been a breach of these Terms, (iv) for reasons reasonably beyond our control, or (v) as otherwise explained in these Terms.
c. License Grant. Subject to the terms and conditions of these Terms, Pearl hereby grants you a limited, non-exclusive, personal, non-transferrable, non-sublicensable, non-assignable license to access and use the Site solely for your personal use on a Device that you own or control. We reserve all other rights, which are not granted in these Terms.
d. Use Restrictions. You may not access or use the Site in any way that is not expressly permitted by these Terms. You may not: (i) cause, permit or authorize the modification, copy, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of the Site; (ii)sell, assign, rent, lease, or grant rights in the Site, including, without limitation, through sublicense, to any other person or entity; or (iii) use theSite for any unlawful, prohibited, abnormal or unusual activity as determined by Pearl in its sole discretion. You acknowledge and agree that you are solely responsible, and Pearl has no responsibility or liability to you or any other person or entity for, any breach by you of these Terms or for the consequences of any such breach.
e. Investigations. We may, but are not obligated to monitor or review our Site at any time. If we become aware of any possible violations by you of these Terms, we reserve the right to investigate such violations, and we may, at our sole discretion, immediately terminate your license to use the Site pursuant to Section 10 (Termination)below.
These Terms also incorporate the terms of our Privacy Policy (as updated from time-to-time). Our Privacy Policy explains how your personal information will be collected and used as well as other information regarding your privacy. By agreeing to these Terms, you are also agreeing to the Privacy Policy and you consent to the processing of your personal information as explained in the Privacy Policy.
f. Trademarks. The Pearl name and logo are trademarks and service marks of Pearl. You do not have the right to use any of our trademarks, service marks or logos, and your unauthorized use of any of these may be a violation of federal and state trademark laws.
g. Ownership. You acknowledge that all intellectual property rights in the Site, whether registered or unregistered, including but not limited to rights in graphics, logos, “look and feel,” trade dress, structure, organization, code, and all content in the Site and compilation thereof, anywhere in the world, belong to us or our licensors and are valuable trade secrets and confidential information of Pearl, and are protected by intellectual property laws. You acknowledge and agree that Pearl, and/or its licensors, own all right, title and interest in and to the Site, including all intellectual property, industrial property, and proprietary rights recognized anywhere in the world at any time and that the Site is protected by U.S. and international copyright laws. Nothing posted on theSite grants a license to any Pearl trademarks, copyrights, or other intellectual property rights, whether by implication, estoppel or otherwise.You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Pearl. When accessing theSite, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Site is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property.
The Site may contain links to third-party websites (collectively, “Third-Parties”). You acknowledge that we have no control over these Third-Parties’ websites or locations, and are not responsible for their contents, actions, and/or availability. We do not assume any liability for your use of any of the foregoing, which use you acknowledge and agree shall be at your own risk. Your use of Third-Parties’ websites or locations will be governed by their terms and conditions and privacy policies (if any) (“Third-Party Terms”). It is your responsibility to read and comply with Third-Party Terms.
Under California Civil Code Section1789.3, California users of an electronic commercial service receive the following consumer rights notice: California residents may reach the ComplaintAssistance Unit of the Division of Consumer Sites of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 800-952-5210.
You agree to indemnify and hold us and our affiliates, and their respective business partners, licensees, licensors, officers, directors, employees and agents (the “Indemnified Parties”) harmless from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs), arising out of or in connection with:(a) your use of the Site; (b) your breach or violation of any of these Terms; or (c) your violation of the rights of any third party.
h. WE PROVIDE THE SITES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO GUARANTEE THAT THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. WE HAVE NO OBLIGATION TO CORRECT ANY BUGS, DEFECTS OR ERRORS IN THE SITE OR TO OTHERWISE SUPPORT, DEVELOP OR MAINTAIN THE SITE. While we take reasonable precautions to prevent the existence of computer viruses and/or other malicious programs, we accept no liability for them. We also make no promises or guarantees, whether express or implied, that the content included on the Site is accurate, complete, or up to date.
i. To the maximum extent permitted by law, we disclaim all conditions, warranties, representations and other terms, which may apply to the Site, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement of the rights of third parties with respect to the Site and all information, and content.
j. No information or advice obtained through the Site, or affirmation by us, by words or actions, shall constitute a warranty.
k. Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.
l. IN NO EVENT SHALL THE INDEMNIFIED PARTIES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING LOST PROFITS, ANY BREACH OF SECURITY OR ANY DAMAGE TO YOUR DEVICE, LOST DATA, PERSONAL INJURY, PROPERTY DAMAGE, OR LOSSES ARISING OUT OF YOUR USE OF OR RELIANCE ONTHE SITE OR YOUR INABILITY TO ACCESS OR USE THE SITE ARISING FROM, RELATING TO, OR IN ANY WAY CONNECTED WITH THE USE OR THE PERFORMANCE OF THESE TERMS, ARISING AND WHETHER FRAMED IN CONTRACT OR TORT, REGARDLESS OF THE NEGLIGENCE OF PEARL, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Your sole remedy for dissatisfaction with the Site including, without limitation, content offered on the Site, is to stop using the Site.
m. In the event the foregoing exclusion of liability is determined, in whole or in part, to be invalid or unenforceable, then the Indemnified Parties’ liability arising in connection with the Site or under these Terms whether in contract, tort (including negligence) or otherwise, shall not exceed, under any circumstances One Hundred Dollars ($100). You agree that any claim or cause of action arising under these Terms must be brought within one year after such claim or cause of action arises or be forever barred.
n. THE LIMITATIONS AND DISCLAIMER IN THIS SECTION DO NOT PURPORT TO LIMIT LIABILITY OR ALTER YOUR RIGHTS THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
o. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER, WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”
We may terminate these Terms and/or terminate your ability or permission to use the Site immediately, without prior notice or liability, for any reason. On termination of these Terms for any reason: (a) all rights granted to you under these Terms will cease immediately,(b) you must immediately cease all activities authorized by these Terms(including your use of the Site), and (c) you acknowledge that we may restrict your access to the Site. Sections 3–5, and 7–13 will survive any termination or expiration of these Terms.
If you wish to contact us in writing, or if any condition in these Terms requires you to give us notice in writing, you can send this to us as indicated in Section 15 (Contact Information) at the bottom of these Terms. If we have to contact you or give you notice in writing, we may do so by email or using any other contact details you provide to us.
These Terms and any matter arising out of or relating to these Terms, and any claim, cause of action, controversy, or matter in dispute between you and us, whether sounding in contract, tort, statute, regulation, or otherwise shall be governed by the internal laws of theState of California and consistent with the Federal Arbitration Act, without regard to any choice or conflict of laws principles (whether of the State ofCalifornia or any other jurisdiction). The United Nations Convention onContracts for the International Sale of Goods is expressly excluded from theseTerms.
p. Assignment. The rights granted to you under these Terms may not be assigned without Pearl’s prior written consent, and any attempted unauthorized assignment by you shall be null and void.
q. Severability. If any part of these Terms is determined to be invalid or unenforceable, then that portion shall be severed, and the remainder of the Terms shall be given full force and effect.
r. No Waiver. Our failure to enforce any provision of these Terms shall in no way be construed to be a waiver of such provision, nor in any way affect our right to enforce the same provision at a later time.
s. Entire Agreement. These Terms, including the documents referenced in these Terms, constitutes the entire agreement between you and Pearl with respect to the Site and supersedes any and all prior agreements between you and Pearl relating to the Site.
t. Transfer. We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or our obligations under these Terms.
We reserve the right, at our sole discretion, to amend these Terms at any time. As applicable, we will notify you of material changes to these Terms when you next access the Site (we may also email you about any material changes to these Terms). We reserve the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.
If you have any questions or comments relating to the Site or these Terms, please contact us at:
Pearl Inc.
8605 Santa Monica Blvd
PMB 58456
West Hollywood, California 90069-4109 US
info@hellopearl.com
