Terms & Policies

Terms & Policies

Terms & Policies

Last Updated on February 2, 2025. These terms and conditions are effective immediately for users registering accounts after this date and will become effective on February 2, 2025, for those with pre-existing accounts. These terms and conditions (the "Terms") govern your access to and use of PergolaSan's websites and mobile applications that link to or reference these Terms ("Site"). By accessing or using the Site, you agree to these Terms and enter into a legally binding contract with PergolaSan LLC, a Delaware limited liability company headquartered in New York, NY ("PergolaSan"). If you are unwilling or unable to be bound by these Terms, do not access or use the Site.

1. DEFINITIONS
Parties

"You" and "your" refer to you as a user of the Site. A "user" is anyone who accesses, browses, crawls, scrapes, or otherwise uses the Site.

"We," "us," and "our" refer to PergolaSan.

Content

"Content" includes text, images, photos, audio, video, location data, and all other forms of data or communication.

"Your Content" refers to Content you submit or transmit through the Site, such as reviews, messages, or profile information.

"User Content" means Content submitted by other users.

"PergolaSan Content" refers to Content created and made available by PergolaSan.

"Third Party Content" refers to Content originating from parties other than PergolaSan or its users.

"Site Content" encompasses all Content available on the Site, including Your Content, User Content, Third Party Content, and PergolaSan Content.

2. CHANGES TO THE TERMS OF SERVICE
We may update these Terms periodically. The most current version will always be available on our Site. By continuing to use the Site, you agree to the Terms in effect at the time of your access. If we make significant changes, we will notify you via email or a notice on the Site. The date of the last revision will be indicated at the top of this page. Regularly reviewing these Terms is your responsibility, as revised versions are binding.

3. TRANSLATION
For your convenience, we may translate these Terms into other languages. However, the English version governs your relationship with PergolaSan, and any inconsistencies between translations will be resolved in favor of the English version.

4. USING THIS SITE
Eligibility
To use the Site, you must be at least 18 years old and have the legal capacity to enter into these Terms. You may not use the Site if you are a competitor or have been previously banned.

Permission to Use the Site
We grant you permission to use the Site under these Terms. Your use is at your own risk, including exposure to Content that may be offensive, inaccurate, or inappropriate.

Site Availability
The Site may be modified, interrupted, or discontinued at any time without notice or liability.

User Accounts
To access certain features, you must create an account and provide accurate information. You are responsible for maintaining your account's confidentiality and for all activities under it. Notify us immediately of any unauthorized use. We reserve the right to close your account at any time.

Communications
By creating an account, you agree to receive communications from PergolaSan and other users, such as newsletters or friend requests. You can opt-out of non-essential communications here.

5. CONTENT
Responsibility for Your Content
You are solely responsible for Your Content. Once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including reliance on its accuracy or disclosure of personal information.

Our Right to Use Your Content
We may use Your Content in various ways, including public display, advertising, and distribution. By submitting Content, you grant us a worldwide, perpetual, royalty-free license to use it for any purpose.

Ownership
You own Your Content. We own PergolaSan Content, including design, code, and intellectual property rights. You may not exploit PergolaSan Content without our express authorization.

Advertising
We may display advertisements alongside Your Content. You are not entitled to compensation for such ads.

Content Feeds
We may offer Site Content via RSS or Atom feeds for personal, non-commercial use. Proper attribution to PergolaSan is required.

6. RESTRICTIONS
You agree not to:

Violate our Content Guidelines or third-party rights.

Use the Site for commercial purposes without authorization.

Engage in spamming, phishing, or other malicious activities.

Reverse engineer or interfere with the Site's functionality.

7. GUIDELINES AND POLICIES
Content Guidelines
You agree to abide by our Content Guidelines, which prohibit fake reviews, spam, and inappropriate content.

Privacy
Our Privacy Policy explains how we handle your data. By using the Site, you consent to data transfer to the United States.

Copyright and Trademark
See our Infringement Policy for information on disputes.

8. PERGOLA SAN DEALS AND ADVERTISING
Purchases of PergolaSan Deals or Gift Certificates are governed by our General Terms for Deals and Certificates. Business accounts and advertising are subject to our Advertising Agreement.

9. SUGGESTIONS AND IMPROVEMENTS
By submitting feedback, you grant us a perpetual, worldwide license to use and modify it without obligation or compensation.

10. THIRD PARTIES
The Site may link to third-party websites. We do not control or endorse these sites and are not responsible for their content or availability.

11. INDEMNITY

You agree to indemnify PergolaSan against any claims arising from your use of the Site, violation of these Terms, or infringement of third-party rights.

12. DISCLAIMERS AND LIMITATIONS OF LIABILITY
The Site is provided "as is," and we make no guarantees about its quality, accuracy, or reliability.

We are not liable for third-party actions or your reliance on Site Content.

Our maximum liability is limited to the greater of $100 or the amount you paid us in the past 12 months.

13. CHOICE OF LAW AND VENUE
California law governs these Terms. Any disputes will be resolved in the state or federal courts of San Francisco County, California.

14. TERMINATION
You may terminate these Terms by closing your account and notifying us at [email protected]. We may suspend or ban your account at any time without notice.

15. GENERAL TERMS
We may modify or discontinue the Site at any time.

Notices will be sent via email, mail, or through the Site.

These Terms constitute the entire agreement between you and PergolaSan.

If any provision is unenforceable, the remaining Terms remain in effect.

For questions, contact us at [email protected] or visit www.pergolasan.us

© 2025 PergolaSan LLC. All rights reserved.