Unless otherwise noted, the Terms are entered into between You and Poppi’s. If You are using the Website on behalf of Your employer, you represent to Poppi’s that You are authorized to accept these Terms on Your employer’s behalf. Poppi’s provides this Website and other on-line resources accessible through the Website to You subject to the Terms. Poppi’s may amend these Terms at any time by positing the amended terms to the Website.
All information provided by Poppi’s on the Website is owned by or licensed to Poppi’s (the “Poppi’s Information”). Poppi’s and its licensors retain all proprietary rights to the Poppi’s Information. Poppi’s has the right to use all materials entered into these web pages (other than third-party material transmitted through private electronic mail) and in any print or electronic publications of Poppi’s. Except for making one hard copy of portions of the Poppi’s Information on an ad hoc basis, or downloading as expressly authorized by or on the Website the Poppi’s Information may not be reproduced, transmitted or distributed without Poppi’s permission.
You agree not to use the Website for any unlawful activities not otherwise specifically addressed herein, including (without limitation) attempting to compromise the security of any network account or site, operating an illegal lottery or gambling operation, stalking, or making direct threats of physical harm. Additionally, You agree not to use to use the Website to:
(a) impersonate any person or entity, including, but not limited to, a Poppi’s employee or officer, or falsely state or otherwise misrepresent Your affiliation with a person or entity;
(b) forge headers or otherwise alter or manipulate identifiers in order to disguise the origin of any Poppi’s information transmitted through the Website or develop hidden pages or images (those not linked to the Website from another accessible page);
(c) upload, post or otherwise transmit any Poppi’s Information that You do not have a right to transmit to the public pursuant to law or under contractual or fiduciary relationships (such as inside information, proprietary or confidential information learned or disclosed as part of an employment relationship or under nondisclosure agreements);
(d) upload, post, or otherwise transmit any material that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
(e) otherwise act in a manner that negatively affects other users’ ability to engage or to access the Website;
(f) intentionally or unintentionally violate any applicable local, state, national or international law, or any regulations having the force of law;
(g) collect or store personal data about other users; and
(h) use the Website as storage for remote loading or as a door or signpost to another home page, whether inside or beyond the Website. Your use of the Website is at your sole risk.
POPPI’S MAKES NO WARRANTY OR CONDITION THAT:
(A) THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) THE POPPI’S WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE,
(C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE WILL BE ACCURATE OR RELIABLE,
(D) THE QUALITY OF ANY PRODUCTS, SERVICES INFORMATION, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE POPPI’S WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT
(E) ANY ERRORS IN THE WEBSITE WILL BE CORRECTED.
THE POPPI’S INFORMATION IS PROVIDED TO YOU ON A “AS IS” AND “AS AVAILABLE” BASIS. UNLESS OTHERWISE EXPLICITLY STATED, THE CONTENT ON THE WEBSITE IS PROVIDED “AS IS,” “WITH ALL FAULTS,” IS EXPERIMENTAL, AND IS FOR COMMERCIAL USE ONLY. POPPI’S DISCLAIMS ALL EXPRESS OR IMPLIED CONDITIONS, REPRESENTATIONS, AND WARRANTIES OF ANY KIND, INCLUDING ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THIS DISCLAIMER DOES NOT APPLY TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF SUCH ITEM. POPPI’S MAKES NO REPRESENTATIONS, WARRANTIES, CONDITIONS OR GUARANTEES AS TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY OF THE POPPI’S INFORMATION. IN THE FUTURE, POPPI’S MAY MAKE AVAILABLE ON THE WEBSITE CONTENTS AVAILABLE FOR DOWNLOADING THAT HAS BEEN SUBMITTED BY A THIRD-PARTY USER OF THE WEBSITE. ANY QUESTIONS REGARDING THE CONTENT SHOULD BE DIRECTED TO THE PROVIDERS OF SUCH CONTENT. IN NO EVENT WILL POPPI’S OR ITS SUPPLIERS BE LIABLE FOR THE ACCURACY OR COMPLETENESS OF THE CONTENT OR POPPI’S INFORMATION.
Any material downloaded or otherwise obtained through the Website is done at Your own discretion and risk and You are solely responsible for any damage to your computer system or loss of data that results from the download of any such material, including any damages resulting from computer viruses.
No advice or information, whether oral or written, obtained by You from Poppi’s or through or from the Website will create any warranty or condition not expressly stated in the Terms. Poppi’s employees are not authorized to vary these Terms.
To the extent not prohibited by applicable law, neither Poppi’s nor any employees, directors, officers, agents, vendors or suppliers be liable for any direct, indirect, incidental, special, consequential, punitive, or exemplary damages, including but not limited to, damages for loss of profits, revenue, good will, use, data, electronically transmitted orders, or other economic advantage (even if Poppi’s has been advised of the possibility of such damages), however caused and regardless of the theory of liability, whether in contract (including fundamental breach), tort (including negligence) or otherwise, arising out of or related to:
(a) the use or inability to use the Website;
(b) the costs of procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained or messages received or transactions entered into through or from the Website;
(c) unauthorized access to or alteration of Your transmissions or data;
(d) statements or conduct of any third party on the Website; or
(e) any other matter relating to the Website, including content you may download, use, modify or distribute from the Website. In no event will Poppi’s be liable for any damages in excess of the fees paid by You in connection with your use of the Website during the 6 months immediately proceeding the date in which this claim arose.
You agree to hold Poppi’s harmless from, and you covenant not to sue Dogtooth for, any claims based on using the Website, whether in contract (including fundamental breach), tort (including negligence) or otherwise. Some jurisdictions do not allow the exclusion or limitation of incidentally or consequential damages, so this limitation may not apply to You.
The Terms constitute the entire agreement between You and Poppi’s and govern Your use of the Website, superceding any prior or conflicting agreements between You and Poppi’s (including, but not limited to, any prior versions of the Terms). You also may be subject to additional terms and conditions that may not apply when You use other Poppi’s services, third-party content or third-party software. You may not assign or otherwise transfer the Terms to nor any right granted hereunder.
New Jersey law governs any action relating to the Terms. No choice of law rules of any jurisdiction apply. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You and Poppi’s agree to submit to the personal and exclusive jurisdiction of the courts located within or sitting for the County of Cape May, New Jersey.
Poppi’s controls the Website from its headquarters in Wildwood, New Jersey. Poppi’s makes no representation that the Website is appropriate or available for use in other jurisdictions. If You use the Website from other jurisdictions, You are responsible for compliance with applicable local laws, including, but not limited to the remittance of any applicable sales tax arising from any purchase.
The Website could include inaccuracies or typographical errors. Poppi’s may make improvements and/or changes in the products, services, programs and prices described or set forth in the Website at any time without notice. Changes are made to the Website from time to time.
Poppi’s strives to provide accurate product and pricing information; however pricing or typographical errors may occur. Poppi’s cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information. Poppi’s shall have the right, at our sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Poppi’s may, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.
The failure of Poppi’s to exercise or enforce any right or provision of the Terms does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of the Terms to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in that provision, and other provisions of the Terms remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website or the Terms must be filed within one year after such claim or cause of action arose or be forever barred.
The Website contains proprietary and confidential information of Poppi’s that is protected by applicable intellectual property and other laws. Content that may be contained in any third-party advertisements or information is protected by copyrights, trademarks, service marks, patents, publicity rights, or other proprietary rights and laws. Except as expressly authorized by Poppi’s or advertisers on the Website, You agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Website, in whole or in part.