What Our Lawyers Insisted Upon
We’ve put together these Terms to let you know what you can expect from us (and what we expect from you) when you use our Web Site. By the way, when we use the word “Web Site,” it’s really shorthand for both the poppin.com web site and any other applications (like iPad and iPhone applications, Facebook pages, etc.) that we may use to put all of our great products at your fingertips.
As much as we’d like to meet each of you personally, we know that you’re busy, and that it’s probably not possible. Since there is no way for us to meet personally and sign a contract, these Terms (along with our privacy policy) act as the contract between us, and when you use the Web Site, you are agreeing to these Terms. So, you should definitely read all of these Terms, and if there is something in these Terms you don’t agree with, you should not use the Web Site (our lawyers thought that the last part was so important that they insisted we put it in bold). In addition, you can only use the Web Site if you are over 18 years old. If you are under 18 – sorry, but please tell your parents, older siblings, etc. and come back when you turn 18. 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 it. 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.
We’re a brand new company, and 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. Given that, we must reserve the right to change or remove any service, content, products or functionality at any time, without kind of liability; of course feel free to tell us when you don’t like a change because we do like to hear when something we do bothers you. Along the same lines, we also may modify these Terms at any time. If we modify these Terms we will post the new version right here, so it is important that you check back on a regular basis to see whether we’ve made any changes, as you will be agreeing the new Terms by using the Web Site after they have been posted. For ease of reference, these Terms were last modified on May 17, 2012.
Every Poppin branded product is guaranteed for life. What does that mean? It means you can return any product you buy from us at any time for any reason. As you can see, we feel really strongly that this is the right way to do business. By the same token, we feel that it is important for you to understand what our guarantee does not mean. We cannot be responsible for damages associated with any defects in our products or any problems you may experience with our products or the Web Site. If you have a problem with one of our products (or if you just don’t like it), by all means, return it. Just don’t try to drag us into court over it. Or, as our lawyers like to say:
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK, AND THAT THE WEB SITE AND ALL CONTENT INCLUDED THEREIN, AND PRODUCTS PURCHASED THEREBY, ARE PROVIDED TO YOU “AS IS.” TO THE FULLEST EXTENT PERMITTED BY LAW, POPPIN PARTIES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE, YOUR USE THEREOF AND THE PRODUCTS PURCHASED THEREBY. POPPIN MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEB SITE’S CONTENT OR ANY CONTENT ACCESSIBLE VIA THE WEBSITE OR PRODUCTS PURCHASED THEREBY AND 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 THE WEB SITE OR PRODUCTS PURCHASED THEREBY, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF POPPIN’S SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEB SITE, AND/OR (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE THAT MAY BE TRANSMITTED TO OR THROUGH THE WEB SITE BY ANY THIRD PARTY. IN NO EVENT SHALL POPPIN BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR OTHER LEGAL THEORY (I) FOR ANY LOST PROFITS OR SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, SUBSTITUTE GOODS OR SERVICES (HOWEVER ARISING) OR (II) FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $100. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
As we mentioned earlier, we are a very new company. We are proud of our lifetime guarantee and hope to keep it intact throughout our very long existence. However, there is always the possibility that we will have to stop providing the guarantee at some point. In the unlikely event that we do that, we will continue to honor the guarantee for all purchases made before we remove it.
We will be the first to admit that we are not perfect – like everyone, we make mistakes from time to time. If there are typographical errors in product descriptions, prices or similar information, we will correct them as soon as possible after we discover them. If there is an error in the price on 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), remember, you can return it at any time. We also recognize that you will make mistakes from time to time. We are the forgiving sort, but we must 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.
We try to choose our friends wisely, and we would never intentionally include a link on our Web Site to any company that we would not want to do business with. That being said, we do not control any of the companies who may have links from our Web Site, so we cannot be held responsible for your dealings with any of those companies and you should not consider any link as an endorsement by us of any of those other companies.
We value your input! There may be times where we give you the opportunity to post your input on the Web Site (for example, in user reviews, comments, etc.). When you post content on our Web Site it is important to make sure that you own it or have permission to post it and allow us to use it as permitted under these Terms of Use. We trust that you will only post content that you are entitled to post, and you will be responsible for any issues that result from your posting that content.
You will continue to own all content that you post on our Web 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 that content (including any changes we may make to it) in any we wish. 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 Web Site. Feel free to express your opinion, but please refrain from profanity or any kind of offensive communications. We will do our best to make sure that everyone else follows these same ground rules, and we reserve the right to remove or refuse to post any content. However, we can’t be responsible for anything that a user posts on the Web Site and you shouldn’t take the fact that something is posted on the Web Site as any kind of endorsement or indication that we agree with whatever opinions are expressed in the posting.
If you believe that anything posted on the Web Site by another user (or any other content for that matter) violates any of your intellectual property rights, please let us know, so that we can resolve the issue as quickly as possible. There is a legal notice that we are required to post in connection with these types of issues, which goes as follows:
Poppin is a provider of an interactive computer service for purposes of 47 U.S.C. section 230. As such, its liability for others' conduct and information is limited as described therein. Further, Poppin is a service provider pursuant to the Digital Millennium Copyright Act. Pursuant to the Digital Millennium Copyright Act. If you are a copyright owner and believe that any content on Web Site infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA"). To provide Poppin notice of an infringement, you must provide a written communication to Poppin Inc., DMCA Infringement Notification Dept., 927 Broadway, 2nd Floor, New York, NY 10010 or to dmca@Poppin.com that sets forth the information specified by the DMCA (see http://www.copyright.gov/title17/92chap5.html#512). You may be liable for damages (including costs and attorneys' fees) if you materially misrepresent that an activity is infringing your copyright.
We and our Web Site are based in New York. Even though you may be accessing the Web Site from somewhere else, 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, New York. Also, the fact that the Web Site may be available to users outside of New York should not be interpreted as giving any other State or country jurisdiction over us. If, for some reason, a court should decide that any provision of these Terms is not valid, that decision will not affect the validity of the remaining portion of these Terms. We may decide to waive our rights under these Terms under certain circumstances. Our decision to do that does not require us to waive those same (or any other) rights at any time in the future, even if the circumstances are the same. And finally, one more legal notice for you (that’s the third one for those of you keeping score):
Thanks for reading, and we look forward to doing business with you!
