Terms


THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND PASTREEZ, LLC. (“WE”, “Pastreez ”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.PASTREEZ.COM WEBSITE (THE “SITE”) AND THE RELATED PASTREEZ MOBILE APPLICATIONS (“APPLICATIONS”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF THE MEMBERSHIPS AND PRODUCTS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM, OR MEMBERSHIPS TO, PASTREEZ.

By signing up for a Membership (as defined below), you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Pastreez if your child breaches or disaffirms any term or condition of this Agreement.

 

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

 

1 – CHANGES TO SERVICES; PERSONAL INFORMATION/PRIVACY

 

1.1 – Changes to the Services

 

Pastreez may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.

 

1.2 – Personal Information

 

Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Memberships (both as defined below in Section 3.1). Pastreez reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Pastreez uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).

 

1.3 – Privacy

 

By using any Services and/or purchasing a Membership you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at www.pastreez.com/privacy). Irrespective of which country you reside in or supply information from, you authorize Pastreez to use your information in the United States and any other country where Pastreez operates as described herein. Accordingly, please be sure to read our Privacy Policy before using the Services or submitting information to us. If you have any questions regarding our privacy practices, please email us at: support@pastreez.com

 

2 – PASSWORDS; USER LICENSE; CHAT SESSIONS

 

2.1 – Passwords

 

You may log in to the Site and Applications by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy, at www.pastreez.com/privacy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to our Site and Applications using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies.

 

You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Pastreez if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.

 

2.2 – User License

 

Subject to your compliance with this Agreement, Pastreez hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non-exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you.

 

You hereby represent and warrant that you will not, and will not induce any third party to: (a) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Pastreez or its third party service providers, by hacking, password “mining”, or any other illegal means; (b) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (c) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (d) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (e) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (f) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.

 

2.3 – Chat Sessions

 

Pastreez offers to its Members the ability to enter into an instant messaging session (“Chat Sessions”) with a Pastreez Member Services Agent (“MSA”). In order to maintain a high standard of service and provide a safe environment for its MSAs, Pastreez reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service.

 

Due to account security restrictions MSAs are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your service, please log onto your account or email Member Services at support@pastreez.com to complete such transactions. MSAs may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. MSAs are NOT supposed to ask you for your password or Payment Method information to confirm your account. If a MSA asks for your password or payment information, please immediately discontinue the Chat session and email Pastreez at: support@pastreez.com

 

2.4 Text Messaging

 

If you send an SMS or text message to Pastreez, you consent to receiving a reply via text message from us and agree to these Terms of Service and our Privacy Policy.  If you sign up for our SMS program, you also agree to receive tracking updates for your shipments and other accounts updates via text. You represent that you have the authority to agree to receive SMS text messages on the telephone number that you provided to us.  Message frequency depends upon your activity.  Standard message and data rates may apply from your mobile carrier and you are responsible for any such charges or fees.  SMS text messaging is not available in all areas and at all times, and not all mobile devices or handsets may be supported.  Pastreez is not liable for any delayed or undelivered messages. Pastreez reserves the right to terminate the SMS texting service, in whole or in part, at any time without notice.

 

To stop receiving SMS text messages and/or notifications from Pastreez, text “STOP” to 42222.  You hereby consent that following your STOP request, we will send you a SMS text message to confirm that we have processed your request.

 

3 – TERMS OF SALE

 

3.1 - Sales of Products and Memberships to End Users Only

 

Pastreez sells shaving razors and other grooming supplies (the “Product(s)”) to end-user customers who purchase monthly memberships to receive the Products (“Membership(s)”) only for their own personal, non-commercial use. You may not purchase Products or Memberships for further distribution or resale or for any other commercial or business purpose. The Membership and all rights and privileges conferred are personal and non-transferable.

 

3.2 - Pricing

 

The price that we will charge you for the Products and Memberships will be the price as posted on the Site on the date you first sign-up for a Membership to the Site. Pastreez reserves the right to change prices for Products and Memberships at any time, and does not provide price protection or refunds in the event of promotions or price decreases. 

 

3.3 –Promotional Trials 

 

Your Membership may start with a promotional trial period, allowing you to receive your first shipment at a reduced price ("Trial"). At the time of sign-up, your Payment Method will just be charged for the reduced trial price and shipping and taxes, if applicable. For combinations with other offers, restrictions may apply. Pastreez reserves the right, in its absolute discretion, to determine your Trial eligibility.

 

We will begin billing your Payment Method the applicable monthly Membership fees -- based on the blade type you selected -- at the end of the Trial unless you cancel your Membership prior to the end of the Trial. To view the specific details of your Membership, including monthly Membership price and end date of your Trial, visit our website and click the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your Trial period.

 

You will not receive a notice from us that your promotional (reduced Trial) pricing has ended or that the standard rate portion of your Membership has begun. To avoid being charged after the expiration of your Trial, you must cancel your Membership prior to the end of the first month. We will continue to bill your Payment Method on a monthly or bi-monthly basis (depending on your selection) for your Membership fee until you cancel. For detailed instructions on how to cancel, see Section 3.5 below.

 

Pastreez reserves the right, in its absolute discretion, to withdraw or modify any Trial offerings or promotions at any time without prior notice and with no liability.  

 

3.4 – Refunds

 

If you are dissatisfied with one of our Products for any reason, Pastreez will refund the amount paid for your most recent month of service. Refund requests must be made directly to Pastreez at support@pastreez.com. All refund requests must be made within thirty (30) days of the date of shipment by Pastreez. Pastreez is not liable for Products that are damaged or lost in transit to Pastreez. Promptly following Pastreez’s receipt of your request (typically within five (5) business days), Pastreez will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Pastreez does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback.

 

Pastreez will not provide a refund for a request that is received by Pastreez more than thirty (30) days after the date of original shipment. Pastreez also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.

 

3.5 – Payment Methods; Automatic Monthly Membership Renewals and Membership Cancellation Policy

 

Pastreez accepts various Payment Methods. You agree to pay all fees charged to your account based on Pastreez’s fees, charges, and billing terms in effect as shown on the payment page when you first sign-up for a Membership. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Memberships based on the address that you provide as the shipping address when you register for a Membership, and you authorize Pastreez or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Pastreez reserves the right to either suspend or terminate your account and Membership and terminate these Terms of Service. All sales and payments will be in US dollars.

 

Pastreez and Pastreez's third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Pastreez and Pastreez's third party payment service provider at the election of your credit card and payment method issuer. Neither Pastreez nor Pastreez's third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.

 

IMPORTANT NOTICE TO CONSUMER:

 

MONTHLY MEMBERSHIP RENEWAL FEES WILL BE AUTOMATICALLY CHARGED TO YOUR CARD ON FILE EACH MONTH. Pastreez will automatically renew your Membership on each monthly anniversary date of the Membership (or bi-monthly anniversary date, depending on the subscription selections you make) and, as authorized by you by checking the box demonstrating your consent for automatic monthly renewal of your Membership during the sign-up process, we will charge your Payment Method with the applicable Membership fee and any shipping and handling costs and sales or similar taxes that may be imposed on your Membership fee payments. Each Membership renewal period is for one month.

 

MEMBERSHIP CANCELLATION. You may cancel your Membership at any time by logging on to your account page within pastreez.com. To cancel a membership, please log in to your account then follow instructions towards cancellation. Cancellation requests submitted in this manner (via your account page on the pastreez.com website) must be received at least two full calendar days prior to your next shipping date to avoid being charged for that shipment. Cancellation requests received after that shall take effect the following month. Cancellation requests received by Pastreez through other channels may take up to five (5) days to process. If you have any problems, please email support@pastreez.com. Pastreez requires a reasonable amount of time to process your Membership cancellation request. If you cancel your Membership, you will enjoy your Membership benefits until the end of the then-current Membership term, and your Membership benefits will expire at the end of the then-current Membership term for which you have paid. You will not be eligible for a prorated refund of any portion of the Membership fees paid for any unused days of the then-current Membership term. 

 

3.6 – Shipping and Product Acceptance

 

The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are delivered by Pastreez. 

 

 

4 – USE OF MOBILE APPLICATIONS, SITE, AND OTHER SERVICES

 

4.1 – Pastreez iOS and Android Mobile Application Terms:

 

The Terms of this Section 4 shall apply to the Users utilization of either the Pastreez iOS Application or Pastreez Android Application. The consideration of which terms apply is contingent on the Mobile Application downloaded and utilized by the User at the time of access to Pastreez Sites and Services. By way of example, if the User accesses the Pastreez Services on an Android device the Android terms shall apply and if the User accesses the Pastreez Services on an Apple device the iOS terms shall apply. For purposes of this section and to the extent applicable in this Agreement, together the iOS Application and Android Application shall be known as Applications.

 

4.2 – Incorporation of Related Apple Terms:

 

These Terms incorporate and supplement the Apple, Inc. (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/itunes/us/terms.html#service), including without limitation the Licensed Application End User Agreement therein (“Apple Terms”). In addition, these Terms also incorporate and supplement other terms, conditions, and policies of Pastreez posted at http://www.pastreez.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time, Pastreez Privacy Policy;

 

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

 

  1. 4.2-1 – End-User License for Apple Application: Subject to these Terms, Pastreez grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Apple iPhone, iPad, or iPod Touch (“iOS Device”) owned or controlled by User as permitted by the Usage Rules contained in the Apple Terms and in accordance with these Terms (“User License”). Any use of the iOS Device in any other manner, including, without limitation, resale, transfer, modification or distribution of the iOS Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the iOS Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the iOS Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

4.3 – Incorporation of Related Android Terms:

 

These Terms incorporate and supplement the Google, Inc. Android (“Android”) Market Terms of Service (available at http://www.google.com/mobile/adroid/market-tos) and the Google Play Developer Distribution Agreement (available at https://play.google.com/about/developer-distribution-agreement.html#showlanguages), (“Android Terms”). In addition, these Terms also incorporate and supplement other terms, conditions, and policies of Pastreez posted at http://www.pastreez.com, including without limitation the following related terms, conditions, and other policies, the location and terms of which may be changed from time-to-time, Pastreez Privacy Policy;

 

Should any provisions in the terms, conditions, or other policies listed above conflict with these Terms, these Terms will control, solely to the extent such provisions apply to the Application.

 

  1. 4.3-1 – End-User License for Android Application: Subject to these Terms, Pastreez grants the User a personal, non-exclusive, non-transferable, limited and revocable license to use the Applications for personal use only on an Android Device owned or controlled by User as permitted by the Usage Rules contained in the Android Terms and in accordance with these Terms (“User License”). Any use of the Android Application in any other manner, including, without limitation, resale, transfer, modification or distribution of the Android Application or text, pictures, music, barcodes, video, data, hyperlinks, displays, and other content associated with the Android Application is prohibited. This Agreement and User License also governs any updates to, or supplements or replacements for, the Android Application unless separate terms accompany such updates, supplements or replacements, in which case the separate terms will apply.

4.4 – User Information:

 

Services and features, such as Virtual Pastreez Credits, mobile gifting, feedback, account management, and interaction with social media sites, may use, maintain, or transmit User’s personal information, including, without limitation, user names, passwords, proper names, email address, address, location, financial information (including Payment Method information), virtual Pastreez Credits information, GPS location information, and information for and from third-party social-media accounts (collectively “User Information”). By acknowledging and agreeing to this Agreement, or by using the Applications, Site, or other Services, User consents to the transmission of User Information to Pastreez, LLCluding its agents and third-party partners, and consents to Pastreez, LLCluding its agents and third-party partners, receiving, collecting, storing, processing, transmitting, and using User Information for Application functionality and for the purposes disclosed in one or more of the Pastreez Privacy Policies identified in this Agreement.

 

Users are solely responsible for taking precautionary steps to protect User Information stored on the respective Applications, including without limitation password-protecting the respective Applications and employing Apple's or Android's remote-wipe feature.

 

Unless attributable to Pastreez's negligence or misconduct, users are also responsible for all payments and losses resulting from transactions and activities undertaken using Virtual Pastreez Credits registered in their names and agree to immediately notify Pastreez of any suspected unauthorized transactions associated with the Services or any other breach of security.

 

4.5 – Prohibited Uses:

 

Users are prohibited from using the Applications, Site, or Services in any way that:

 

    1. Harasses, abuses, stalks, threatens, defames any person, or otherwise infringes or violates the rights of any person (including but not limited to rights of publicity or other proprietary rights);

    2. is unlawful, fraudulent, or deceptive;

    3. Uses technology or other means to access unauthorized content or non-public spaces;

    4. Uses or launches any automated system or process, including without limitation, “bots,” “spiders,” or “crawlers,” to access unauthorized content or non-public data;

    5. Attempts to introduce viruses or any other harmful computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

    6. Attempts to damage, disable, overburden, or impair Pastreez servers or networks;

    7. Attempts to gain unauthorized access to a Pastreez computer network;

    8. Attempts to gain unauthorized access to Pastreez’ user accounts;

    9. Encourages conduct that would constitute a criminal offense, or that gives rise to civil liability;

    10. Violates these Terms in any manner; or

    11. Fails to comply with applicable third-party terms and conditions or other third-party policies (collectively “Acceptable Use”).

Pastreez reserves the right, in its sole discretion, to terminate any User License, remove Content, assist law enforcement in the prosecution of criminal liability, or assert a civil or criminal legal action with respect to Content or use of the Applications or other Services, including any Virtual Pastreez Credits, that Pastreez reasonably believes is or might be in violation of these Terms, but failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.

 

4.6 – User-Generated Content:

 

The User may generate content, written or otherwise, while using the Services (“User-Generated Content”). User acknowledges and agrees that User-Generated Content may be used, reproduced, displayed, modified, deleted, added too, adapted, and published by Pastreez (for example, in product marketing campaigns). User grants Pastreez and its successors a worldwide; irrevocable; transferrable; sublicensable; fully-paid and royalty-free; and non-exclusive license to use, reproduce, display, modify, delete from, add to, adapt, publish, and prepare derivative works from the User-Generated Information. User further acknowledges and agrees that the User, and the User alone, is responsible for the development of User-Generated Content.

 

4.7 – Indemnification:

 

User agrees to indemnify and hold harmless Pastreez, its affiliates, licensors, suppliers, and third-party service providers, and each of their respective directors, officers, employees, contractors, agents, successors, and assigns (collectively, the "Pastreez Parties") from all claims or causes of action, liabilities, damages, costs, fines, penalties, and expenses (including attorneys’ fees) arising from or related to the User's misuse of the Services or Products, violation of these Terms, or violations of any rights of a third party, or any allegation thereof. Pastreez reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses. This provision does not require you to indemnify any Pastreez Party for any unconscionable commercial practice by such party, or for such party's negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact.

 

4.8 – No Warranties:

 

THE SITE, APPLICATIONS, OTHER SERVICES AND CONTENT ARE FURNISHED TO YOU “AS IS” AND WITHOUT WARRANTIES, REPRESENTATIONS OR CONDITIONS, STATUTORY OR OTHERWISE, OF ANY KIND. Pastreez, ON BEHALF OF ITSELF AND THE OTHER Pastreez PARTIES: (A) EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE; (B) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE SITE, APPLICATION OR SERVICES WILL BE TIMELY, UNINTERRUPTED, STABLE, OR SECURE; (C) DOES NOT REPRESENT OR WARRANT THAT THE SITE, APPLICATIONS, CONTENT, OR SERVICES WILL BE ERROR-FREE OR THAT ANY DEFECTS WILL BE CORRECTED; AND (D) DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES OR CONDITIONS REGARDING THE USE OF THE SITE, APPLICATION, SERVICES OR CONTENT IN TERMS OF THEIR ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, OR OTHERWISE. YOUR USE OF THE SITE, APPLICATIONS, SERVICES AND CONTENT IS ENTIRELY AT YOUR OWN DISCRETION AND RISK.

 

THIS LIMITATION OF WARRANTIES IS A PART OF THE BARGAIN BETWEEN YOU AND Pastreez. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY Pastreez OR ANY PERSON ON BEHALF OF Pastreez SHALL CREATE A WARRANTY OR CONDITION, OR IN ANY WAY CHANGE THIS EXCLUSION OF WARRANTY.

 

NOTHING IN THIS SECTION SHALL EXCLUDE OR LIMIT THE Pastreez PARTIES’ WARRANTIES, REPRESENTATIONS OR CONDITIONS TO THE EXTENT THEY MAY NOT BE LAWFULLY EXCLUDED OR LIMITED BY APPLICABLE LAW, IN WHICH CASE, SUCH WARRANTIES, REPRESENTATIONS OR CONDITIONS WILL BE EXCLUDED AND LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

 

4.9 – No Liability:

 

IN NO EVENT SHALL THE Pastreez PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATIONS, SITE, OTHER SERVICES OR CONTENT, THE INABILITY TO USE THE APPLICATIONS, SITE OR OTHER SERVICES OR CONTENT, OR DEVICE FAILURE OR MALFUNCTION, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR OTHER ECONOMIC DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF GOODWILL, OR LOST PROFITS, EVEN IF A Pastreez PARTY HAS BEEN’ ADVISED OF THE POSSIBILITY OF SUCH ECONOMIC DAMAGES.

 

IF, NOTWITHSTANDING THE FOREGOING, A Pastreez PARTY IS FOUND TO BE LIABLE FOR ANY ECONOMIC DAMAGE OR LOSS WHICH ARISES UNDER OR IN CONNECTION WITH YOUR USE OF THE SITE, APPLICATIONS OR OTHER SERVICES, THE RELEVANT Pastreez PARTY’S TOTAL CUMULATIVE LIABILITY SHALL NOT EXCEED THE GREATER OF: (A) THE AMOUNT YOU PAID Pastreez FOR THE PRODUCTS OR MEMBERSHIP, AS APPLICABLE; OR (B) THE SUM OF ONE HUNDRED DOLLARS (US $100). THIS LIMITATION EXPRESSLY APPLIES ONLY TO ECONOMIC DAMAGES ARISING FROM THE USE OF THE APPLICATION, SITE, OTHER SERVICES OR CONTENT AND DOES NOT APPLY TO PERSONAL INJURY OR ANY INJURY CAUSED BY ALLEGED FRAUD.

 

THE FOREGOING DISCLAIMER OF PUNITIVE AND EXEMPLARY DAMAGES, AND THE LIMITATION ON RECOVERY OF ECONOMIC DAMAGE OR LASS, SHALL NOT APPLY TO RESIDENTS OF THE STATE OF NEW JERSEY. 

 

4.10 – Intellectual Property:

 

Pastreez, Pastreez, the Pastreez logo, and other Pastreez trademarks, service marks, graphics and logos used in connection with the Applications and other Services are trademarks or registered trademarks of Pastreez or other companies of Pastreez (collectively “Pastreez Marks”). Other trademarks, service marks, graphics and logos used in connection with the Applications and other Services are the trademarks of their respective owners (collectively “Third-Party Marks”). The Pastreez Marks and Third-Party Marks may not be copied, imitated or used, in whole or in part, without the prior written permission of Pastreez or the applicable trademark holder. The Applications and the Content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights, and also may have security components that protect digital information only as authorized by Pastreez or the owner of the Content.

 


4.11 – Severability:

 

If any of these Terms shall be deemed invalid, void, or for any reason unenforceable, those terms shall be deemed severable and shall not affect the validity and enforceability of any remaining terms. Failure of Pastreez to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.

 

4.12 – Modification of this Agreement:

 

Subject to Section 10.1(x) of this Agreement, Pastreez reserves the right to change or modify this Agreement or any other Pastreez terms, conditions, or policies related to use of the Applications or other Services at any time and at its sole discretion by posting revisions on the Site (http://www.pastreez.com) or within the Applications. Continued use of the Applications, Site, or other Services following the posting of these changes or modifications will constitute the User’s acknowledgement and agreement to such changes or modifications. Only a specific, written waiver signed by an authorized representative of Pastreez shall have any legal effect as a waiver by Pastreez of any Terms of this Agreement.

 

4.13 – Third-Party Beneficiary:

 

User agrees that Pastreez’s service providers, licensors, or others involved in creating or providing the Applications or other Services are third party beneficiaries to this End-User Agreement and may rely upon the provisions of this End-User Agreement, including but not limited to, the provisions concerning Indemnification, No Warranties, and No Liability.

 

5 – GIFT CARDS

 

5.1 – Purchasing and Redemption:

 

  1. By purchasing Pastreez Gift Cards ("Gift Cards"), you agree and represent that your use of the Gift Cards will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Pastreez, LLCluding its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Pastreez-related entity.

  2. A Site account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Site account at the time of receiving the email, they will be prompted to create a Site account in order to redeem the Gift Card. A Site account is required in order to redeem a Gift Card.

  3. You may purchase Gift Cards for any value between $10 and $300 US dollars. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a pre-determined dollar amount is awarded with additional Pastreez credits (“Pastreez Credits”), these Pastreez Credits shall only be available for use after.