Perfecto uses Braintree Payment Solutions LLC (Braintree) for payment processing. In order for you to use Braintree’s payment processing services, you must enter into the Merchant Services Agreement (MSA) with Braintree and its sponsoring bank. The MSA is available at: https://www.braintreepayments.com/agreements/merchant . By accepting this Agreement, you agree: (a) that you have downloaded or printed the MSA, and (b) that you have reviewed and agree to the MSA. Please note that Perfecto is not a party to the MSA and that you, Braintree and Braintree’s sponsoring bank and the three parties to the MSA and that Perfecto has no obligations or liability to you under the MSA. If you have questions regarding the MSA, please contact Braintree at 877.434.2894.
NO SALE OF STOLEN ITEMS ON THIS SITE.
Welcome to perfecto.bike, a marketplace that allows people to buy, sell and offer bikes and cycling related items to each other with a fixed price format, provided by Perfecto LLC ("Perfecto," "we," or "us"). This Terms of Service Agreement ("Agreement") describes the terms and conditions that govern your use of and participation in the Perfecto Service. By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Agreement. If you do not agree to any of these terms or any future amendments, do not use or access (or continue to access) the Service. This Agreement applies to all visitors, users, and others who access the Service ("Users"). Please read this agreement carefully to ensure that you understand each provision.
Perfecto is not directly involved in the transaction between buyers and sellers. As a result, Perfecto has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. Perfecto does not pre-screen users or the content or information provided by users. Perfecto cannot guarantee the true identity, age, and nationality of a user.
In connection with using or accessing the Service you will not:
post or list an item that you know or believe to be stolen;
post, list or upload content or items in inappropriate categories or areas on our site;
breach or circumvent any laws, third party rights or our systems, policies, or determinations of your account status;
use our Services if you are not able to form legally binding contracts (for example if you are under 18), or are temporarily or indefinitely suspended from using our sites, services, applications or tools;
fail to pay for items purchased by you, unless you have a valid reason, for example, the seller has materially changed the item's description;
fail to deliver items sold by you, unless you have a valid reason, for example, you cannot contact the buyer;
post false, inaccurate, misleading, defamatory, or libelous content;
take any action that may undermine the feedback or ratings systems;
transfer your Perfecto account and user ID to another party without our consent;
distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes;
distribute viruses or any other technologies that may harm users;
use any robot, spider, scraper or other automated means to access our Services for any purpose;
interfere with the working of our Services, or impose an unreasonable or disproportionately large load on our infrastructure;
reproduce, perform, display, distribute, reverse engineer, or prepare derivative works from content that belongs to or is licensed to Perfecto, or that comes from the Service and belongs to another user or to a third party including works covered by any copyrights, trademark, patent, or other intellectual property right, except with prior express permission of Perfecto and/or any other party holding the right to license such use;
commercialize any Perfecto application or any information or software associated with such application;
harvest or otherwise collect information about users without their consent; or
circumvent any technical measures we use to provide the Services.
You agree that Perfecto is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on Perfecto. You understand and agree that Perfecto is not a party to any agreements entered into between buyers and sellers, nor is Perfecto an agent or insurer. Perfecto has no control over the conduct of buyers, sellers or other users of the service and disclaims all liability in this regard. You use the service at your own risk. Perfecto encourages you to communicate directly with potential transaction partners through the tools available on the Site.
This Service is intended solely for people eighteen (18) years of age or older, and any registration, use or access to the Service by anyone under 18 is strictly prohibited. Perfecto reserves the right to limit or restrict access by any person, in our sole discretion.
The fees we charge for using our Services are listed on our About us page.
We may change our fees from time to time by posting the changes on the Perfecto site.
You must have a bank account on file when selling on Perfecto.
End User License:
Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, limited, non-transferable, freely revocable, license to use the Service for your personal, noncommercial use only. Perfecto may terminate this license at any time for any reason or no reason.
You agree to defend, indemnify and hold harmless Perfecto and its subsidiaries, agents, licensors, managers, and other affiliated companies, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from: (i) your use of and access to the Service or Products; (ii) your violation of any term of this Agreement, including without limitation your breach of any of the representations and warranties; (iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; (iv) your violation of any law, rule or regulation of the United States or any other country; (v) any claim or damages that arise as a result of any of your User Content or any that is submitted via your account; or (vi) any other party’s access and use of the Service with your unique username, password or other appropriate security code.
If you choose to use the service and/or participate in a transaction, you do so at your own risk. The service and any products are provided on an “as is” and “as available” basis. To the maximum extent permitted by applicable law, the service is provided without warranties of any kind, whether express or implied, including, but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement. No advice or information, whether oral or written, obtained by you from Perfecto or through the service will create any warranty not expressly stated herein. Without limiting the foregoing, Perfecto, its subsidiaries, and its licensors do not warrant that the content is accurate, reliable or correct; that the service or any purchase/sale will meet your requirements; that the service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the service is free of viruses or other harmful components. You will be solely responsible for any damage or loss that results from your use of the service or products.
Limitation of Liability:
Except as expressly provided in the insurance provision, to the maximum extent permitted by applicable law, in no event shall Perfecto, its affiliates, agents, directors, employees, supplier, or its licensors be liable for any direct, indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, that result from the use of, or inability to use this service, including without limitation any purchase or sale.
To the maximum extent permitted by applicable law, Perfecto assumes no liability or responsibility for any (I) Errors, mistakes, or inaccuracies of content; (II) Personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service or products; (III) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (IV) Any interruption or cessation of transmission to or from the service; (V) Any bugs, viruses, or the like that may be transmitted to or through our service by any third party; (IV) Any errors or omissions in any content or for any loss or damage incurred as a result of the us of any content posted, emailed, transmitted, or otherwise made available through the service; and/or (VII) User content or the defamatory, offensive, or illegal conduct of any third party. In no event shall Perfecto, its affiliates, agents, directors, employees, suppliers, or licensors be liable to you for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the greater of either (a) The amounts paid by Perfecto to you in the twelve (12) month period prior to the event giving rise to the liability; or (b) One hundred dollars ($100). The limitations of damages set forth above are fundamental elements of the basis of the bargain between Perfecto and you. This limitation of liability section applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Perfecto has been advised of the possibility of such damage. The forgoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Perfecto without restriction. Any attempted transfer or assignment in violation hereof shall be null and void.
We may terminate your participation in the Service at any time, for any reason or no reason, without explanation. We maintain sole discretion to bar your use of the Service in the future, for any reason that we determine or for no reason. This Agreement will remain in effect after your participation in the Service terminates.
You agree that: (i) the Service shall be deemed solely based in California; and (ii) the Service shall be deemed a passive one that does not give rise to personal jurisdiction over Perfecto, either specific or general, in jurisdictions other than California. This Agreement shall be governed by the internal substantive laws of the State of California. You agree to submit to the personal jurisdiction of a state court located in San Mateo County, California for any actions for which we retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a our copyrights, trademarks, trade secrets, patents, or other intellectual property or proprietary rights, as set forth in the Arbitration provision below.
In the unlikely event that Perfecto has not been able to resolve a dispute it has with you after attempting to do so informally, we each agree to resolve any claim, dispute, or controversy (excluding any Perfecto claims for injunctive or other equitable relief) arising out of or in connection with or relating to this Agreement, or the breach or alleged breach thereof (collectively, "Claims"), by binding arbitration in the county of San Mateo, California. The award rendered by the arbitrator shall include costs of arbitration, reasonable attorney's fees and reasonable costs for expert and other witnesses, and any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Nothing in this Section shall be deemed as preventing Perfecto from seeking injunctive or other equitable relief from the courts as necessary to protect any of Perfecto’s proprietary interests. All claims must be brought in the party’s individual capacity, and not as a class member in any purported class or representative proceeding. You agree that, by entering into this agreement, you and Perfecto are each waiving the right to a trial by jury or to participate in a class action.
This Agreement, together with all amendments, all documents referenced in this Agreement, and any other legal notices and agreements published by Perfecto via the Service, shall constitute the entire agreement between you and Perfecto concerning the Service. If a court of competent jurisdiction deems any provision of this Agreement invalid, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and Perfecto’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.