Last Updated: October 19, 2016
Nice to meet you. We’re poppin. For those who care about these kinds of things, our full corporate name is poppin inc., and we are a Delaware corporation.
THESE TERMS CONTAIN AN ARBITRATION PROVISION AND CLASS ACTION WAIVER PURSUANT TO WHICH YOU MAY BE WAIVING CERTAIN RIGHTS, INCLUDING THE RIGHT TO FILE SUIT IN COURT, PARTICIPATE IN A CLASS ACTION, OR TO HAVE DISPUTES HEARD BY A JURY, UNLESS YOU OPT OUT. IF YOU DO NOT WISH TO AGREE TO THE ARBITRATION PROVISION, PLEASE FOLLOW THE OPT-OUT PROCEDURES DESCRIBED IN THE AGREEMENT TO ARBITRATE SECTION BELOW, WHICH YOU CAN REVIEW BY CLICKING HERE.
In addition, you can only use the Site if you are over 18 years old or if you are visiting the Site under the supervision of a parent or guardian. The reason is pretty simple. People under 18 can’t legally agree to these Terms, so we simply have to ask you to not use the Site. Of course, we really like that you want to buy our products, so we are definitely not going to stop you from asking your parents to buy it for you—if they are cool enough to do that.
Subject to the conditions of these Terms, we grant you a revocable, limited, non-transferable and non-exclusive license to access and use the Site by displaying it on your computer only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in writing in advance. Any breach of these Terms shall result in the immediate revocation of the license granted in this paragraph without notice to you.
All content on the Site including, but not limited to, text, graphics, images, video, software, computer code, product designs and production methods and trademarks belong exclusively to poppin or its suppliers and are protected by US and international copyright, trademark, and other intellectual property laws. poppin.com, Work Happy, Work Style, Work Stylists, TGIM and other logos, slogans, trade names or words are registered trademarks, trademarks or service marks (together, the “Marks”) of poppin. The use of any of our Marks without our express written consent is strictly prohibited. You may not use our Marks in connection with any product or service that is likely to cause confusion. You may not use our Marks in any manner that disparages or discredits poppin. You may not use our Marks in meta tags without prior written consent.
You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by poppin in writing. You shall not make commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by poppin in writing in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders, including, without limitation, cases in which we believe that customer conduct violates applicable law or is harmful to our interests.
You shall not upload to, distribute, or otherwise publish through this Site any content, information, or other material that (i) violates or infringes others’ copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights; (ii) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (iii) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
While we really like the way things are working right now, it is inevitable that we will change some things over time as we learn more about you and how we can best serve you. We reserve the right to change or remove any service, content, products or functionality at any time. Of course feel free to tell us when you don’t like a change because we like to hear when something we do bothers you.
Changes to these Terms
We reserve the right to modify these Terms at any time, in our sole discretion, upon notice to you. If we do, we may give notice by posting the updated Terms on the Site, sending you an email, or by any other reasonable means, so it is important that you periodically review these Terms for changes, as you will be agreeing to the new Terms by using the Site after they have been posted.
Limitation of Liability
You agree that your use of the Site shall be at your sole risk, and that the Site and all content included therein are provided to you “AS IS.” If poppin provides a limited express warranty for a product that is less than four years in duration, then the duration of any applicable implied warranties are limited to the duration of the limited express warranty. IF POPPIN DOES NOT PROVIDE AN EXPRESS WARRANTY, POPPIN EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. To the fullest extent permitted by applicable law in connection with the Site or your use thereof, poppin makes no warranties or representations about the accuracy or completeness of the Site or any content accessible via the Site or products purchased thereby except as expressly provided in these Terms and assumes no liability or responsibility for any errors, mistakes, or inaccuracies of content, or property damage, of any nature whatsoever, resulting from your access to or use of the Site or products purchased thereby, any unauthorized access to or use of poppin’s secure servers and/or any and all information stored therein, any interruption or cessation of transmission to or from the website, and any bugs, viruses, Trojan horses, or the like that may be transmitted to or through the Site by any third party. To the fullest extent permitted by applicable law, in no event shall poppin be liable for non-personal injury claims under contract, tort, strict liability, negligence or other legal theory for any lost profits or special, indirect, incidental, or consequential damages of any kind whatsoever, substitute services (however arising) or for any direct damages in excess of (in the aggregate) $100.
You agree to defend, indemnify and hold harmless poppin and its subsidiaries, agents, licensors, managers, board members and other affiliated companies, and their employees, contractors, agents, officers and directors (the “group”), from and against any and all claims, damages, obligations, losses, liabilities, costs or debts, and expenses (including but not limited to attorney's fees) with the exception of claims, damages, obligations, losses, liabilities, costs or debts, and expenses caused by the group’s own negligence arising from: (i) your use of and access to the Site, including without limitation any data or content transmitted or received by you; (ii) your violation of these Terms, 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 or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any claim or damages that arise as a result of any content you submit to the Site or any content that is submitted via your account to the Site; or (vi) any other party’s access and use of the Site with your username, password or other appropriate security code.
Links to Other Web Sites and Services
These Terms expressly prohibit certain uses of the Site. You may not under any condition, without prior written consent by poppin, use or reuse poppin’s product listings, descriptions or prices; mine the Site for data; download, copy, mirror, archive, intercept or redirect content or use or access an unauthorized account or purchase product for resale. Using bots, spiders other indexing agents or other devices to copy the Site or to hide your identity when accessing the Site is also strictly prohibited. You agree you will impose only the load on the Site which is necessary for your use of the Site in deciding whether to purchase products from us and in purchasing products from us.
Copyright Infringement - Notification Requirements
If you believe that your work has been used on our Site in a way that constitutes copyright infringement, you should submit written notification pursuant to the Digital Millennium Copyright Act (the “Notification”) to our Designated Copyright Agent, who can be reached as follows:
Pursuant to 17 U.S.C. § 512(c), to be effective, the Notification must include the following: (i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. (ii) Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site. (iii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material. (iv) Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address. (v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law. (vi) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process. Please note that under Section 512(f) of the Digital Millennium Copyright Act, any person who knowingly materially misrepresents that material is infringing may be subject to liability. If you are unsure whether material on the Site is infringing, we suggest that you contact an attorney prior to sending notice.
We value your input! There may be times where we give you the opportunity to post your input on the Site (for example in user reviews, comments, videos, etc.). When you post content on our Site we trust that you own it or have permission to post it and allow us to use it as permitted under these Terms. We trust that you will only post content that you are entitled to post, and you will be responsible for any and all issues that result from you posting that content.
You will continue to own all content that you post on our Site. However, by posting it, you are giving us permission (in legal terms, an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license) to use, reproduce, modify, distribute, create derivative works from, and display that content (including any changes we may make to it) in any we wish for an unlimited amount of time. We also have the right to give others those same rights. Please note that there may be contests and other promotions where we ask you to submit ideas that we (and not you) would own. In those situations, we will specify in the rules for the contest or promotion that we will own the submissions.
We expect all of our users to behave when they submit content to the Site. Feel free to express your opinion, but please refrain from profanity or any kind of offensive communications. We reserve the right to remove or refuse to post any content at any time. However, we can’t be responsible for anything that a user posts on the Site and you shouldn’t take the fact that something is posted on the Site as any kind of endorsement or indication that we agree with whatever opinions are expressed in the posting.
Returns and Refunds
For information on product returns and refunds, please view our shipping and return policy here. We do not accept returns for any of our products you may have purchased or received from other retailers, only for products purchased directly from us.
Conditions of Sales and Payment
Published prices do not include taxes, duties or shipping and may be changed without notice at any time. Acceptable payment methods will be indicated on the order page. Open accounts for business customers are available on approval. Payment on open accounts is due in full 30 days after shipping. Discounts and promotions may be modified or revoked by poppin at any time without notice. Only one discount or promotional code may be applied to a single order.
We will be the first to admit that we are not perfect. If there are typographical errors in product descriptions, prices or similar information, we will try to correct them as soon as possible. If there is an error in the price of an outstanding order, we will either cancel the order or contact you to find out if you still want the product at the corrected price. If you find after you receive an order that something is not as we described it (or as you thought it would be), please contact us using the information under the “Contact Us” section at the bottom of these Terms. We also recognize that you will make mistakes from time to time, but we reserve the right to refuse service to anyone who we believe is acting in a fraudulent or abusive manner or otherwise not living up to their obligations under these Terms.
poppin has no obligation to monitor this Site or any portion thereof. However, we reserve the right to review any posted content and remove, delete, redact or otherwise modify such content, in our sole discretion, at any time and from time to time, without notice or further obligation to you. poppin has no obligation to display or post any content you may submit.
Agreement to Arbitrate; Class Action Waiver; and Location of Dispute Resolution
You and poppin each agree that all claims, controversies, and disputes between You and poppin, including those arising out of or related to the Site, our products, or these Terms (each a “Dispute” and collectively the “Disputes”), will be resolved by binding arbitration by a single neutral arbitrator, provided, however, you and poppin are not precluded from asserting in small claims court any Dispute that is eligible to be brought in small claims court. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND POPPIN ARE EACH AGREEING TO FOREGO THE ABILITY TO PURSUE DISPUTES IN COURT, OTHER THAN SMALL CLAIMS COURT, INCLUDING THE ABILITY TO HAVE A JURY DECIDE DISPUTES. Unless you and poppin otherwise agree, the American Arbitration Association (“AAA”) will arbitrate all disputes and the AAA’s Consumer Arbitration Rules (but excluding AAA’s Supplemental Rules for Class Arbitration) will apply, except to the extent the provisions of the AAA Consumer Arbitration Rules are different from, conflict with, and/or are inconsistent with the terms of this Section, in which case the provisions of this Section will control and must be followed as written. You and poppin each agree to only pursue Disputes on an individual basis and will not pursue Disputes, whether in arbitration or otherwise, on a class, consolidated, or representative basis, regardless of the application of procedural rules. BY AGREEING, YOU ACKNOWLEDGE THAT YOU AND POPPIN ARE EACH AGREEING TO FORGO THE ABILITY TO PROCEED IN CLASS ACTIONS, CONSOLIDATED ACTIONS, OR REPRESENTATIVE ACTIONS, EITHER AS A REPRESENTATIVE OF OR MEMBER OF A CLASS. Notwithstanding any AAA rule to the contrary, or any other provision in arbitration rules chosen by agreement to govern the arbitration, you and poppin each agree that any challenges to the validity or enforceability of the class action waiver in this Section will be decided by a federal court or a court of competent jurisdiction, and not by an arbitrator. If any court or arbitrator holds that the class action waiver in this Section is unenforceable, then the Dispute must be brought in a state or federal court, and not in arbitration. If any portion of this arbitration provision other than the class action waiver shall be found to be unenforceable, that portion will be severed, and the rest of this arbitration provision will remain in effect. A copy of the AAA Commercial Arbitration Rules is available at www.adr.org/commercial and is incorporated herein by this reference as though set forth in full. You and poppin each agree that the location of the arbitration or court where the Dispute will be resolved will be the largest city in your state within 100 miles of where you live. You and poppin each also agree that for arbitrated Disputes, the arbitrator’s award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. An arbitrator may award, on an individual basis, any relief authorized by law, including injunctive or declaratory relief and reasonable attorneys’ fees. You and poppin each are responsible for your or its respective costs relating to the arbitration, except that poppin will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any Dispute where you assert a claim against poppin, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). To begin arbitration, you must send a letter requesting arbitration and describing your Dispute to the address listed for poppin in this Section. You may opt out of the agreement to arbitrate in this Section by providing poppin written notice of your election to opt out by regular mail at: Legal Notices, Poppin, 1115 Broadway, 3rd Floor, New York, New York 10010 within 45 days following the date you first accept these Terms, expressly indicating that you are opting out of the agreement to arbitrate in this Section and including your name and address, provided that the election will not be effective until it is received by poppin. Your election to opt-out of the agreement to arbitrate in this Section will not otherwise affect your rights and obligations under these Terms. You and poppin each also agree that these Terms affect interstate commerce, so the Federal Arbitration Act, not state law, applies including with respect to any question of whether a Dispute is subject to arbitration (despite the choice of governing law). In accordance with the FAA, the appointed arbitrator must interpret, apply and enforce this Section as written.
You may not assign, transfer, or sublicense your rights, if any, in the Site. We may assign these Terms, in whole or in part, at any time, with or without notice to you.
poppin and our Site are based in New York. These Terms are governed by New York law and in the unlikely event we have any kind of dispute it can be heard only in the courts located in New York County, New York. Also, the fact that the Site may be available to users outside of New York should not be interpreted as giving any other State or country jurisdiction over us.
These Terms, together with any amendments, incorporated terms or policies, and any additional agreements you may enter into with poppin, shall constitute the entire agreement between you and poppin. If any provision of these Terms is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the Terms, which shall remain in full force and effect. Section titles are only for convenience and have no legal or contractual significance. No waiver of any portion of these Terms shall be deemed a further or continuing waiver of such term or any other term, and poppin’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. A waiver will only be binding on us if it is in writing and signed by us. YOU AND POPPIN AGREE THAT IN NO EVENT SHALL ANY CLAIM, ACTION OR PROCEEDING BE INSTITUTED MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE.
Please send any questions or comments regarding this Site to: firstname.lastname@example.org.