PopSocial
Terms of Service
The Site is for use solely by individuals and employees of approved companies who are authorized by PopSocial to use it. By accessing or using the Website in any way, clicking on the "I accept" button, completing the registration process, and/or browsing the Website, you (the "User" or "Subscriber") accept these Terms of Use (the "Terms of Use" or "Terms") and you have read, understand and agree to be bound by all of the terms and conditions contained herein and you represent and warrant that you have the right, authority and capacity to inter into these Terms. You may not access or use the Website or accept these Terms if you are not at least 18 years old. If you do not agree with all of the terms and conditions of these Terms, do not access and/or use the Website. If you do not wish to be bound by these Terms, you are not authorized to use the Site.
IF YOU PURCHASE A MONTHLY, QUARTERLY, OR ANNUAL SUBSCRIPTION YOUR SUBSCRIPTION WILL BE AUTOMATICALLY RENEWED FOR ADDITIONAL PERIODS OF THE SAME DURATION AS THE INITIAL TERM AT OUR THEN-CURRENT FEE UNLESS YOU OPT OUT OF THE AUTO-RENEWAL IN ACCORDANCE WITH SECTION 11 BELOW.
1. ACCOUNT CREATION
In order to use certain features of the Site, you must register for an account and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may delete your account at any time, for any reason, by following the instructions on the Site.
You agree not to create an account or use the Site if you have been previously removed by us or banned from any of the Sites. PopSocial reserves the right in its sole discretion to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof) at any time for any reason. You agree that PopSocial will not be liable to you or to any third party for any suspension or termination of your account or any refusal of any use of the Site (or any portion thereof). Information on your profile may include information and content you provide. PopSocial reserves the right in its sole discretion to remove profile information at any time for any reason. You agree that PopSocial will not be liable to you or to any third party for such removal.
2. ACCOUNT RESPONSIBILITIES
You are responsible for maintaining the confidentiality of your account login information and are fully responsible for all activities that occur under your account. You agree to immediately notify PopSocial of any unauthorized use, or suspected unauthorized use of your account(s) or any other breach of security. PopSocial cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.
3. GRANT OF RIGHTS FOR A SINGLE USER SUBSCRIPTION
In the case of a single user subscription plan and subject to these Terms, PopSocial grants you a single user non-exclusive, non-transferable, revocable, limited license to use all portions of the Site in strict accordance with these Terms and the features included in the subscription plan solely for your own personal, noncommercial use. This single user license is for personal use only and may not be shared in any way. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. These Terms do not grant you the right to use any PopSocial trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by PopSocial other than as expressly permitted by these Terms.
4. GRANT OF RIGHTS FOR A MULTI-USER SUBSCRIPTION
In the case of a multi user subscription plan and subject to these Terms, PopSocial grants you or your organization a multi user non-exclusive, non-transferable, revocable, limited license to use all portions of the Site in strict accordance with these Terms and the features offered by the subscription plan solely for your own personal, noncommercial use. This multi user license is for use by a specific number of users within your organization and may not be shared amongst employees beyond the scope of your multi user agreement. You agree to notify us immediately of any unauthorized access to or use of your username(s) or password(s) or any other breach of security. We have the right to disable any username, password or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use. These Terms do not grant you the right to use any PopSocial trademark, service mark or logo for any purpose whatsoever or any intellectual property owned by PopSocial other than as expressly permitted by these Terms.
5. PERSONAL INFORMATION
You acknowledge and agree that PopSocial may use information about you which PopSocial obtains either directly from you or which it obtains by the nature of your use of the Site for any legitimate business purpose as outlined by our Privacy Policy.
6. PROPRIETARY MATERIALS
(a) You acknowledge that (i) the Site is and will remain the sole property of PopSocial and is subject to protection under U.S. and foreign copyright laws and (ii) all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and content made available through the Site are owned by PopSocial or PopSocial’s suppliers. Neither these Terms nor your access to the Site transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth herein. PopSocial and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
(b) The Site contains copyrighted material, trademarks, and other proprietary and confidential information of PopSocial and others (collectively "Proprietary Material"), including, but not limited to, video, text, software, photos, graphics, image, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Material. Copyrighted materials may only be accessed through the Site, and not from any other unauthorized site.
(c) The entire Site is: Copyright © 2019, PopSocial, Inc. All Rights Reserved. Complying with all applicable copyright laws is the responsibility of the user. Except as otherwise expressly permitted by these Terms, or as permitted under copyright law, no posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Material in any form or by any means, for any purpose, is permitted without the express written permission of PopSocial.
(d) PopSocial SM and other PopSocial marks and logos are service marks and trademarks of PopSocial, Inc. Other trademarks, service marks, and logos which may be used in the Site are the trademarks, service marks, or logos of their respective owners. Third party content and software required by or made available by or through this Site is the property of its respective owner and use is subject to the license or terms provided by such owner. Hypertext links may be provided only for your convenience and do not and should not be viewed as suggesting any association with or endorsement of or by such linked sites.
(e) You agree that submission of any ideas, suggestions, and/or proposals to us ("Feedback") is at your own risk and that PopSocial has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to PopSocial a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner it deems appropriate, any and all Feedback, and to sublicense the foregoing rights. PopSocial will treat any Feedback you provide to PopSocial as non-confidential and non-proprietary.
7. PROHIBITED CONDUCT
You agree not to:
(a) Capture, download, save, upload, print or otherwise retain, or copy, reproduce, distribute, republish, display, post or transmit the Site or any information and content available on the Site other than what is expressly allowed by the subscription plans.
(b) Permit or provide others access to the library using your username and password or otherwise, or the name and password of another authorized user.
(c) Remove or modify any copyright, trademark, legal notices, or other proprietary notations from the content available on the Site.
(d) Violate or attempt to violate the Site’s security mechanisms, or otherwise breach the security of the Site or corrupt the Site in any way. To ensure that users of the Site do not engage in Prohibited Conduct, PopSocial reserves the right to monitor use of the Site and reserves the right to revoke or deny access to users whose usage behavior exceeds normal limits, suggesting Prohibited Conduct. The term "normal limits" shall be determined solely by PopSocial.
(e) Use of any third party tools, scripts, or players to automate access to PopSocial’s content. The only allowed viewing mechanisms are the players published or advertised on the Site, and these may not be altered or enhanced in any way, including through the use of third party tools.
(f) License, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site.
(g) Modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site.
(h) Access the Site in order to build a similar or competitive website, product, or service.
In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any computer viruses, worms, or any software intended to damage or alter a computer system or data; (ii) send through the Site or unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site (or to other computer systems or networks connected to or used together with the Site), whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to (or to strip, scrape, or mine data from) the Site (provided, however, that we conditionally grant to the operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials, subject to the parameters set forth in our robots.txt file).
8. INDEMNIFICATION
(a) You agree to indemnify, defend, and hold harmless PopSocial and its directors, employees, licensors, independent contractors, providers, subsidiaries and affiliates (collectively, the "Affiliates"), from and against any and all liability and costs (including attorneys’ fees and costs) incurred by PopSocial and/or the Affiliates in connection with any claim arising out of (a) any breach by you of any provision of these Terms, (b) your use of, or inability to use, the Site; and (c) your violation of applicable laws or regulations.
(b) You agree to cooperate as fully as reasonably required in the defense of any such claims. PopSocial reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any claim without the written consent of PopSocial.
9. DISCLAIMERS
(a) YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ANY CONTENT, PRODUCTS, SERVICES OR INFORMATION PROVIDED BY THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, WITHOUT WARRANTY OF ANY KIND, AND PopSocial AND ITS SUPPLIERS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY AS TO THE ACCURACY, COMPLETENESS, CURRENCY, RELIABILITY, ABSENCE OF ANY VIRUSES OR CONTENT OF ANY INFORMATION, SOFTWARE, OR MATERIAL PROVIDED BY OR THROUGH THE SITE, AND WITHOUT ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CURRENCY, CORRECTNESS, OR VALIDITY OF ANY INFORMATION, SOFTWARE, MATERIAL OR CONTENT PROVIDED BY OR THROUGH THE SITE RESTS WITH THE USER. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
(b) PopSocial does not warrant that the content or functions of the Site will meet your requirements or that the operation of the Site will be uninterrupted or error free.
(c) PopSocial shall not be liable for any loss or injury arising out of or caused, in whole or in part, by any negligent acts or omissions in procuring, compiling, collecting, interpreting, reporting, communicating, or delivering information contained in the Site.
(d) PopSocial has no control over the content of World Wide Web sites that may be linked to the Site through hypertext links ("Linked Sites"), and is not responsible for their content, software, or privacy practices. The Linked Sites are provided for your convenience only and you access them at your own risk.
(e) Release. You hereby release and forever discharge PopSocial (and our officers, employees, agents, successors, and assigns) from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site (including r any Linked Sites). IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542 IN CONNECTION WITH THE FOREGOING, WHICH STATES: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR."
10. LIMITATIONS ON LIABILITY AND REMEDIES
(a) PopSocial IS NOT AND SHALL NOT BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING FROM THE USE OR INABILITY TO USE THE SITE. THIS DISCLAIMER OF LIABILITY INCLUDES, BUT IS NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION OR DELIVERY, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, PROGRAMS OR FILES, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
(b) TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL PopSocial BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOST DATA, COSTS OF PROCUREMENT OF SUBSTITUTE PRODUCTS ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE, EVEN IF PopSocial HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
(c) TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR (AND OUR SUPPLIERS’) LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THESE TERMS (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (I) THE FEES PAID BY YOU TO US IN THE 12 MONTHS IMMEDIATELY PROCEEDING THE CLAIM AND (II) A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIERS WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THESE TERMS.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.
11. TERM AND TERMINATION
Users are responsible for termination of their accounts and/or subscription at any time by clicking the cancelation button in the subscription section of the dashboard. All cancellation must be completed at least 48 hours before next billing date, to avoid any issues.
Subject to this Section, these Terms will remain in full force and effect while you use the Site. PopSocial may terminate the right of any user to access the Site at any time, with or without cause, in PopSocial's absolute discretion and without notice. Upon termination of your rights under these Terms, your account and right to access and use the Site will terminate immediately. We will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account. Even after your rights under these Terms are terminated, all provisions of these Terms which by their nature should survive, will survive, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability.
12. MODIFICATION OF AGREEMENT OR SERVICE
(a) PopSocial has the right to modify these Terms in any manner and at any time, without notice or liability. Any modification is effective immediately upon posting on the Site. Your continued use of the Site following any modification of these Terms means you accept and agree to such modification(s). You are expected to check this page from time to time so you are aware of any changes, as they are binding on you. Your only right with respect to any dissatisfaction with any modifications made pursuant to this provision, or any policies or practices of PopSocial in providing the Site, is to cease use of the Site.
(b) PopSocial may at any time, without notice or liability, change or eliminate any content or feature of the Site, or restrict the use of any portion of the Site, including limiting the time of its availability, the amount of use permitted, or the persons who are permitted to use it. Your only right with respect to any dissatisfaction with any service related change or elimination is to cease use of the Web Site. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any reason.
13. FEES, REFUNDS & CANCELLATIONS
(a) Fees and Renewals
You agree to pay all fees or charges for products and services purchased via the Site in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. You must provide PopSocial with a valid credit card (Visa, MasterCard, Discover or American Express ("Payment Provider") and other purchase order information as a condition to purchasing a subscription. Your Payment Provider agreement governs your use of the designated credit card or PayPal account, and you must refer to that agreement and not the Terms to determine your rights and liabilities. All payment information that you provide in connection with the Site must be accurate, current and complete. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT MEANS USED TO PAY ANY FEE OR CHARGE. By providing PopSocial with your credit card number and associated payment information, you agree that PopSocial is authorized to immediately invoice your account for all fees and charges due and payable to PopSocial hereunder and that no additional notice or consent is required. You agree to immediately notify PopSocial of any change in your billing address or the credit card used for payment hereunder. PopSocial reserves the right at any time to change its billing methods at any time.
PopSocial may use a third party payment service provider for payment services (e.g., credit card transaction processing, merchant settlement, and related services). By using the Site, you agree to be bound by such third party payment service provider’s terms of service and privacy policy. You hereby consent to provide and authorize PopSocial and such third party payment service provider to share any information and payment instructions you provide to the extent required to complete the payment transactions in accordance with these Terms, including personal, financial, credit card payment, and transaction information.
Monthly subscriptions automatically renew every 30 days from last charge unless paused or cancelled by the Subscriber.
Quarterly subscriptions automatically renew every 90 days unless paused or cancelled by the Subscriber.
Annual subscriptions automatically renew every 365 days unless paused or cancelled by the Subscriber.
PopSocial may increase subscription fees for subsequent periods at any time and for any reason.
If your subscription automatically renews, your subscription will continue indefinitely until terminated in accordance with these Terms. After your initial subscription period, and again after any subsequent subscription period, your subscription will automatically commence on the first day following the end of such period (each a "Renewal Commencement Date") and continue for an additional equivalent period, at the Company’s then-current price for such subscription. You agree that your account will be subject to this automatic renewal feature unless you cancel your subscription at least 48 hours prior to the Renewal Commencement Date by contacting Customer Support at support@popsocial.com and requesting cancellation. If you cancel your subscription, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period. By subscribing, you authorize PopSocial to charge your method of payment now, and again at the beginning of any subsequent subscription period. Upon renewal of your subscription, if PopSocial does not receive payment, (i) you agree to pay all amounts due on your account upon demand, and/or (ii) you agree that PopSocial may either terminate or suspend your subscription and continue to attempt to charge your method of payment until payment is received (upon receipt of payment, your account will be activated and for purposes of automatic renewal, your new subscription commitment period will begin as of the day payment was received).
If a subscriber has been migrated to a PopSocial subscription from a third-party service acquired by PopSocial and such subscriber had automatic renewal with such third-party service, then the subscriber’s subscription with PopSocial will automatically renew at the then-current PopSocial subscription rate unless affirmatively disabled by the subscriber.
(b) Refunds
All subscriptions are non-refundable. However, exceptions for extenuating circumstances will be considered (contact Customer Support at support@popsocial.com) at PopSocial's discretion.
(c) Cancellations
Disabling auto renewal will cause us to stop automatically charging your credit card at the end of each subscription term. You will still be able to use your subscription until the end of the current subscription term. Disabling auto renewal does not refund your money, as subscriptions are non-refundable.
If you are dissatisfied for any reason with your subscription, your sole right and exclusive remedy is to terminate your subscription. No refund of all or any portion of your subscription fee will be given.
PopSocial may terminate the subscription and these Terms if unable to renew the subscription based on inaccurate or outdated credit card information.
Access to the Site under these Terms is granted only upon payment of the subscription fees.
(d) Taxes
You will be responsible for paying any applicable taxes relating to your payments and credits received and will indemnify and hold harmless PopSocial and its third party payment service provider from any and all taxes, including sales tax, based on any payments made or received by you in connection with the Site. Any taxes imposed on payments will be your sole responsibility. Upon our request, you will provide PopSocial with official receipts issued by the appropriate taxing authority, or other such evidence that you have paid all applicable taxes.
14. GENERAL
(a) Export. The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from PopSocial, or any products utilizing such data, in violation of the United States export laws or regulations.
(b) Disclosures. PopSocial is located at the address set forth below. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
(c) Electronic Communications. The communications between you and PopSocial use electronic means, whether you use the Site or send us emails, or whether PopSocial posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from PopSocial in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that PopSocial provides to you electronically satisfy any legal requirement that such communications would satisfy if it were be in a hardcopy writing. The foregoing does not affect your non-waivable rights.
(d) Failure by PopSocial to enforce any provision(s) of these Terms shall not be construed as a waiver of any provision or right
(e) Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section ("Arbitration Agreement") carefully. It is part of your contract with PopSocial and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
Applicability of Arbitration Agreement. All claims and disputes (excluding claims for injunctive or other equitable relief as set forth below) in connection with the Terms or the use of any product or service provided by PopSocial that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. Unless otherwise agreed to, all arbitration proceedings shall be held in English. This Arbitration Agreement applies to you and PopSocial, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.
Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute ("Notice") describing the nature and basis of the claim or dispute, and the requested relief. A Notice to PopSocial should be sent to: support@popsocial.com. After the Notice is received, you and PopSocial may attempt to resolve the claim or dispute informally. If you and PopSocial do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled.
Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association ("AAA"), an established alternative dispute resolution provider ("ADR Provider") that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms. The AAA Consumer Arbitration Rules ("Arbitration Rules") governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules. Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise. If you reside outside of the U.S. the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. If the arbitrator grants you an award that is greater than the last settlement offer that PopSocial made to you prior to the initiation of arbitration, PopSocial will pay you the greater of the award or $2,500.00. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.
Time Limits. If you or PopSocial pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the AAA Rules for the pertinent claim.
Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and PopSocial, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and PopSocial.
Waiver of July Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and PopSocial in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of this Arbitration Agreement shall continue in full force and effect.
Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted. Such waiver shall not waive or affect any other portion of this Arbitration Agreement.
Survival. This Arbitration Agreement will survive the termination of your relationship with PopSocial.
Small Claims Court. Notwithstanding the foregoing, either you or PopSocial may bring an individual action in small claims court.
Emergency Equitable Relief. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.
Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.
Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Los Angeles County, California, for such purpose.
Governing Law. These Terms and any action related thereto will be governed and interpreted by and under the laws of the State of California, consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
(f) These Terms constitute the entire agreement between you and PopSocial with respect to the Site and supersedes all prior agreements or understandings between you and PopSocial with respect thereto. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to PopSocial is that of an independent contractor, and neither party is an agent or partner of the other. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without PopSocial’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. PopSocial may freely assign these Terms. The terms and conditions set forth in these Terms shall inure to the benefit of and be binding upon permitted assignees.
(g) PopSocial shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
15. CONTACT INFORMATION
If you have any questions, please contact us via email at support@popsocial.com or mail us at the above address.