2. CHANGE TO TERMS.
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.
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.
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.
13. GOVERNING LAW, ARBITRATION AND JURISDICTION.
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.
– 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?
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.
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.
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.
Aside from the sharing set forth above, the Provider will not share your information with any third parties.
Other Websites: Links
You may opt-out of receiving communications from Popon by sending an email to email@example.com.
POPON (Point of Purchase Online Network LLC) is a registered tradmark and retains all rights.