Website Terms of Use & Privacy Policy
Please Note: These Terms of Use contain an exclusive jurisdiction clause, an arbitration clause, indemnification obligations, disclaimers of warranties and limitations of liability. Please review these Terms of Use in their entirety.
Terms of Use
These Terms of Use (“Terms of Use”) explain a contractual agreement between you (“you,” “your”) and [Popon or Popin] (“Provider,” “we,” “us,” “our”), regarding your use of this web site (“Popon.net”) and your access to the content available on the Provider Web Site. You should print a copy of these Terms of Use for your records. Please note, however, that these Terms of Use may be updated and amended by us from time to time as provided herein.
1. AGREEMENT TO TERMS OF USE. By using the Provider Web Site, you agree to these Terms of Use as amended from time to time. Furthermore, when you access the Provider Web Site and at various other places on the Provider Web Site, you specifically acknowledge your agreement with the most current version of these Terms of Use. The failure to include a specific acknowledgment at any point on the Provider Web Site shall not be construed to diminish the applicability or effectiveness of these Terms of Use.
2. CHANGE TO TERMS.
We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms of Use at any time. Please check these Terms of Use periodically for changes. Your continued use of the Provider Web Site after the posting of changes to these Terms of Use will mean you agree to abide by those changes. Any amendment to these Terms of Use by you must be agreed to by us in writing.
3. CONTENT OWNERSHIP.
The Provider Web Site and the content accessible through the Provider Web Site, and all intellectual property rights (sometimes referred to as “look and feel”) included in or associated with the Provider Web Site, including but not limited to patents, copyrights, trademarks and service marks (collectively, “Content”), are owned or licensed by us, and all right, title and interest in and to the Provider Web Site and Content remains with us. Except as ordinarily occurs when a web site is downloaded to your computer in the normal course of browsing such web site, material from the Provider Web Site may not be copied, distributed, re-published, uploaded, posted, modified, reverse engineered, or transmitted in any manner without our prior written consent. Certain Content may be licensed from third parties and all such third-party content and intellectual property rights related to such content belong to the respective third parties. In any event, you may not remove any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Provider Web Site or in the Content.
4. DISCLAIMER OF WARRANTIES.
The material in this site could include technical inaccuracies or typographical errors. YOU USE PROVIDER WEB SITE AT YOUR OWN RISK. PROVIDER WEB SITES ARE PROVIDED “AS IS,” WHERE IS, WITH ALL FAULTS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS, IMPLIED OR STATUTORY. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY AND EFFORTS IS WITH YOU. WE SPECIFICALLY DISCLAIM THE IMPLIED WARRANTIES OF FITNESS FOR PARTICULAR PURPOSE, MERCHANTABILITY, QUALITY, ACCURACY OR TITLE. FURTHERMORE, THERE IS NO WARRANTY AGAINST INTERFERENCE WITH YOUR ENJOYMENT OF THE PROVIDER WEB SITE OR AGAINST INFRINGEMENT. We also do not guarantee uninterrupted or secure access to the Provider Web Site, that defects will be corrected, or that the Provider Web Site or the servers that make it available are free of viruses or other harmful components.
5. LIMITATION OF LIABILITY.
We are an online service provider; we are not responsible for any loss or injury whatsoever due to Content or other information published through this Provider Web Site. The Provider Web Site may be unavailable due to maintenance or other factors and we will have no liability for any such unavailability. We will also not have any liability for any loss of data, degraded data, old or out-dated data, or errors in data resulting from non-deliveries, mis-deliveries or service interruptions caused by us, any third-party acts or any other web host provider or the Internet infrastructure and network external to the Provider Web Site. The limitations of liability provided in these Terms of Use inure to our benefit and to the benefit of our affiliates, and to all of our respective officers, directors, employees, attorneys and agents.
IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, OR FOR ANY LOSS OF PROFITS OR REVENUE, REGARDLESS OF WHETHER WE KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, AND IN NO EVENT SHALL OUR TOTAL CUMULATIVE LIABILITY UNDER THIS AGREEMENT EXCEED $100.
Some jurisdictions do not allow excluding or limiting implied warranties or limiting liability for incidental or consequential damages, and some jurisdictions have special statutory consumer protection provisions which may supersede the foregoing disclaimers and limitations. As a result, these disclaimers and/or limitations may not apply to you if prohibited by law.
6. TERMINATION.
We may, in our sole discretion and at any time, discontinue the Provider Web Site, either in part or in whole, with or without notice. You agree that any termination of your access to the Provider Web Site may be affected without prior notice, and you agree that we shall not be liable to you or any third-party for any such termination.
7. PROHIBITED ACTIVITIES.
You may not use any device, software or routine, including but not limited to any viruses, trojan horses, worms, time bombs or other malicious code, intended to damage or interfere with the proper working of the Provider Web Site or to surreptitiously intercept or expropriate any system, data or personal information from the Provider Web Site. You may not take any action which imposes an unreasonable or disproportionately large load on our infrastructure, including but not limited to denial of service attacks, “spam” or any other such unsolicited overload technique.
8. LINKING AND THIRD-PARTY CONTENT.
The Provider Web Site may contain links to third-party web sites not under our control or operation. We provide any such links only as a convenience and do not endorse and are not responsible for the contents of any linked site or any link contained in a linked site. The Provider Web Site may contain news, information, or pricing published by various third-party providers. Use of any third-party content may be conditioned upon terms and conditions as provided, from time to time, by such third-party providers. The provider website does not claim rights to any third party content. All rights are retained by third party providers.
9. LAWS AND REGULATIONS.
You must comply with all applicable laws, statutes, ordinances and regulations regarding: (i) use of the Provider Web Site and (ii) release of information to and retrieval of information from the Provider Web Site.
10. INDEMNIFICATION.
You agree to indemnify, defend and hold us harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including attorneys’ fees) resulting from: (i) your use of the Provider Web Site; (ii) your breach of any provision of these Terms of Use; (iii) the illegality, reliability, appropriateness, originality or copyright of any submission to Provider; and/or (iv) any intentional wrongdoing by you.
11. ASSIGNMENT.
You will not have the right to assign or transfer your rights under these Terms of Use to any other person or entity without our prior written consent, which consent may be withheld for any reason or for no reason. Furthermore, you acknowledge and agree that your access to and use of the Provider Web Site may not be sublicensed or otherwise transferred voluntarily or by operation of law to any third party. Any attempted assignment, license, sublicense or transfer by you, whether voluntary or involuntary, is void and grounds for termination of your rights under these Terms of Use.
12. CONTACT.
If you have any problems, questions or complaints about these Terms of Use or any Provider Web Site, please contact us by email at contact@popon.net.
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.
You recognize that, although the Internet can be accessed from anywhere in the world, the Provider Web Site is located in the Commonwealth of Pennsylvania, United States of America, and that when you access the Provider Web Site, you are doing so in the Commonwealth of Pennsylvania, United States of America. These Terms of Use shall be governed by and construed in accordance with the internal substantive laws of the Commonwealth of Pennsylvania without giving effect to any principles of conflict of law and the federal laws of the United States of America. ANY CONTROVERSY OR CLAIM ARISING OUT OF OR RELATING TO THIS CONTRACT, OR THE BREACH THEREOF, SHALL BE SETTLED BY ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS COMMERCIAL ARBITRATION RULES, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR(S) MAY BE ENTERED IN ANY COURT HAVING JURISDICTION THEREOF. YOU FURTHER AGREE THAT ANY ARBITRATION ACTION BROUGHT BY YOU ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE PROVIDER WEB SITE SHALL BE FILED ONLY IN ALLEGHENY COUNTY, PENNSYLVANIA, AND YOU HEREBY CONSENT AND SUBMIT TO THE PERSONAL JURISDICTION AND VENUE IN ALLEGHENY COUNTY, PENNSYLVANIA.
14. PRIVACY POLICY.
By agreeing to these Terms of Use, you also agree to our Privacy Policy located at popon.net which is incorporated herein by reference. Like these Terms of Use, the Privacy Policy is subject to change from time to time. Your continued use of the Provider Web Site constitutes your acceptance to any changes to the Privacy Policy.
15. MISCELLANEOUS.
Headings are for reference purposes only. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable materials. Specifically, you agree to comply with all applicable laws regarding the transmission of technical or other data exported from the United States or the country in which you reside. These Terms of Use, and any web pages or other documents incorporated by reference, set forth the entire understanding and agreement between us with respect to the subject matter hereof.
16. CONSENT TO USE.
-You are soley responsible for your submissions and any content made to the provider website.The provider reserves the right to delete, move or edit any and all material that it deems unacceptable. All image submissions by advertisers must be free of any proprietary licenses such as, but not limited to, copyrights, patents, trademarks, service marks. You, the advertiser, are responsible for any damages levied or incurred against the provider website should any infringement occur as a result of your submissions.
-By submitting information, images or advertising materials to the provider website, you hereby grant the provider website, the royalty free, perpetual, irrevocable, non-exclusive right to use, copy, modify, display, distribute and reproduce all such materials and information in any form, media, technology or software of any kind now or existing in the future, including, but not limited to, promotional materials created for or by the provider website.
-By submitting images to provider website for the image gallery or creation of editorial content, you are assuming legal responsibility for ensuring that there are no proprietary limitations associated with your submissions. The provider website cannot be held liable for infringements.
17. DATABASE AND NON-COMPETE RIGHTS POLICY
– The Provider Web Site retains all rights to their database of suppliers as well as other informational components and strictly prohibits the distribution of or wrongful access to any proprietary or confidential information by any Provider Web Site associate or outside contractors, including but not limited to: web providers, web designers, web hosters, legal staff, accountants or others affiliated with the Provider Web Site.
-The Provider Web Site strictly prohibits the development or implementation of any competing website similar to Provider Web Site, directly or indirectly, while serving as a Provider Web Site contractor or associate including but not limited to: web providers, web designers, web hosters, legal staff, accountants or others affiliated with the Provider Web Site.
18. ARTICLES AND IMAGES
– All articles, associated article images and image gallery photos are the property of the provider website and cannot, at any time, be reproduced or used without the express written consent of Point of Purchase Online Network, LLC.
-All content on provider website cannot be reproduced or used for commercial purposes.
19. ADVERTISERS LATE FEE POLICY
– The provider website has established a net 30 days terms of payment policy for advertisers who are invoiced. The following late fee schedule is applicable to any advertiser who exceeds the 30 day policy:
After 30 days = 10% Late Fee
After 45 days = 15% Late Fee
After 60 days = 25% Late Fee
Any account that is overdue by more than 60 days will be turned over for collection and advertiser will be responsible for all collection costs (including attorney fees) incurred by POPON to collect the delinquent balance. All sales are final.
20. ADVERTISERS BROKEN LINK AND UPDATE POLICY
– If you are purchasing a supplier listing, any broken links within your listing which connect to your website are the clients responsibility. Popon will correct broken links based on our current hourly design rate.
Failure to correct broken links may result in suspension of your service. This policy is also applicable to any other advertising packages, banners, etc puchased on provider web site. In addition, updates to your advertisements may be subject to billing depending on nature of your changes.
BY USING THE PROVIDER WEB SITE AND/OR ACKNOWLEDGING ACCEPTANCE OF THESE TERMS OF USE AT VARIOUS TIMES ON THE PROVIDER WEB SITE, YOU ACCEPT AND AGREE TO THESE TERMS OF USE.
Privacy Policy
[Popon] (“Provider,” “we,” “us,” “our”) respects your right to privacy. We are committed to protecting your privacy. Your continued use of our website and your submission of any information to us indicates that you have read, understand and agree to our Privacy Policy.
We have detailed our Privacy Policy so that you know how we collect and protect the information you decide to provide us. This Privacy Policy will tell you:
– What information is collected by the Provider.
– How we may share information.
– How you can let us know your preference for sharing of information.
WHAT INFORMATION DO WE COLLECT?
Customer Information
We receive and may keep information you gave us because you decided to register on one of our websites, or because you decided to fill out any other form on a website of ours. This information may include: Your name, workplace, mailing address, or your e-mail address. Information may also include any other personal information or unique preference information you choose to provide us.
Automatic Information
We want you to be aware that certain tools exist to help us service and recognize you. For your convenience, to help us personalize your experience or better serve your needs, we may receive and store certain types of information when you visit one of our websites. You may be familiar with the term “cookies”, which are unique alphanumeric identifiers. These cookies are placed on your computer when your web browser accesses our websites. We use this information to educate us on things such as how you navigate to and around our websites, product browsing, content accessing, and purchasing data. If you choose, there are utilities available for purchase from independent software providers to install on your computer as well as tools/preferences you can choose through most web browsers to make website visits anonymous. Of course, cookies let you have a more satisfying website experience, so we recommend that you leave them turned on.
Use of Information
Within the Provider
We may share information we collect from all points of contact within the Provider organization, including with companies that are affiliates of the Provider. The information you give us and information about your transaction may be combined with other personally identifiable information available from our records and other sources. Your information will not be sold to third parties for email marketing or telemarketing campaigns.
E-Commerce Transactions
Popon offers a variety of services and products which may be offered by Popon, directly or through an affiliate acting on our behalf, or by third parties to whom we have established links on our site to make their services and products available to you. When you engage in a transaction with Popon, either directly or with an affiliate acting on our behalf, we will request certain information be it personal or with regards to payments. The payment information gathered is used to bill you for services and products and to check your purchasing qualifications. The contact information is used to process your orders as well as to send information to you regarding other Popon services or products. All personal and credit card information with placed orders are subject to industry standard SSL (Secure Sockets Layer) encryption technology before being transmitted over the internet. Popon cannot guarantee encryption, personal details or credit card information which is why we use SSL, which makes it difficult for your information to be intercepted or stolen.
Governmental Agencies or Other Companies
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when (1) permitted or required by law, or (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions, or (3) investigating fraud that has already taken place. In all cases, this information is not provided to these entities for marketing purposes.
Right to Transfer
Should the Provider choose to sell or transfer business assets, or to engage in a transaction where it is required to share or transfer your information, it is possible that the information we possess may be transferred as part of that transaction. The Provider may decide to retain a copy of the information post sale or transfer.
Third Parties
Aside from the sharing set forth above, the Provider will not share your information with any third parties.
Other Websites: Links
Our websites may offer links to other sites. Other sites have their own terms of use and privacy and security policies. If you choose to visit one of these sites, you should review the policies that govern that particular site. When you conduct a transaction with a third party that you are linked to from our site, you should review that vendors’s policy with respects to e-commerce transactions on their site. Popon is not responsible for services,products or transactions created at third party websites.
Opt Out
You may opt-out of receiving communications from Popon by sending an email to contact@popon.net.
Application of This Privacy Policy
This Privacy Policy applies to all information collected or submitted to the Provider. Other affiliated entities of the Provider may obtain information independently from transactions and experiences with you or from other sources. This Privacy Policy does not pertain to that information.
Your Consent
By sharing information with us, you consent that the Provider can use the information collected or submitted as described in this Privacy Policy. We may change or add to this Privacy Policy so we encourage you to review it periodically.
POPON (Point of Purchase Online Network LLC) is a registered tradmark and retains all rights.
I HAVE READ AND UNDERSTAND THE FOREGOING AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. Terms of use and privacy policy are subject to change