Terms and Conditions for Use of thepopdshop.com Website
Last Updated March 2019
The thepopdshop.com website ("Site") is operated by POPPED CULTURE, INC d/b/a THE POP’D SHOP ("our", "we", and/or "us"). Since it is a condition to your access, view and use that you agree to these provisions as stated in our terms and conditions. We welcome you and hope that you will benefit and enjoy visiting.
Site access and use
Upon ordering and confirming your purchase, you hereby agree to be bound by our Returns and Refunds policy. Our sole liability and your exclusive remedy for the product ordered through this Site is for us to replace any product that you can reasonably demonstrate has been broken or damaged during transit. To seek replacement of such broken or damaged product, you may Contact Us either by telephone or email.
The purchase of any products through this Site is also subject to any other provisions stated in this Site or as indicated during the ordering process.
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH IN THIS SECTION, ALL PRODUCTS SOLD THROUGH THIS SITE ARE SOLD "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTIES, EXPRESS OR IMPLIED, BY US OF ANY KIND WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE OR MERCHANTABILITY.
WARNING: DO NOT CONSUME PRODUCTS IF THE SEAL HAS BEEN BROKEN OR IT APPEARS THE PRODUCTS HAVE BEEN TAMPERED WITH IN ANYWAY. THE PRODUCTS OFFERED THROUGH THE SITE ARE NOT INTENDED NOR SHOULD THEY BE USED TO DIAGNOSE, TREAT, CURE, PREVENT, OR MITIGATE ANY ILLNESS, DISEASE OR CONDITION OR AS A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANYWAY. YOU SHOULD CONSULT WITH YOUR HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE BEFORE ORDERING ANY PRODUCT FROM THIS SITE. MAKE SURE BEFORE USING ANY PRODUCT THAT YOU OR ANY OTHER RESPONSIBLE INDIVIDUAL HEEDS THE FOREGOING WARNINGS AND FOLLOWS THE FOREGOING INSTRUCTIONS AND ANY OTHER INSTRUCTIONS INCLUDED WITH THE PRODUCTS. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING FOR WHOM THE PRODUCTS ARE APPROPRIATE FOR USE AND CONSUMPTION.
The content of this Site, including, but not limited to, text, design, photographic images, video clips, illustrations, artwork, graphics, articles, reference information, menus and all other protectable elements of this Site (collectively, the "Content") remains the sole and exclusive property of us or the authors, as applicable, including all copyright, trademarks and all other proprietary rights. You agree not to duplicate, or otherwise extract any of the Content for any purpose other than for your own personal use, unless otherwise authorized by us in writing. You also agree not to sell or modify the Content, display, publicly perform, distribute or otherwise use any of the Content, in whole or in part, for any public or commercial purposes without our prior written consent.
All trademarks and service marks, including, but not limited to characters, artwork, logos, identified on this Site are owned exclusively by us unless otherwise indicated on this Site. You agree not to remove, modify, use or otherwise exploit any of our trademarks or service marks without our prior express written consent.
The Content may be updated and otherwise modified by us without notice.
Neither we nor any owners, administrators, contributors, website users or authors are responsible for any liability arising from your use of or reliance on the Content.
You agree not to or permit any other person to: transmit, distribute or upload programs or material that contain malicious code, including, but not limited to, viruses, time bombs, cancelbots, worms, Trojan horses, Easter eggs, spyware, or other potentially harmful programs or other materials or information; send or enable the transmission of junk email, duplicative or unsolicited messages, or so-called "spamming" or "phishing"; disrupt, impair, alter or otherwise interfere with the functions, features, or Content or use of this Site; violate any laws, regulations, judicial or governmental order, any treaties, or violate or infringe upon any intellectual property rights, rights of publicity or privacy, or any other rights of ours or of any third party; gain unauthorized access to this Site; sell, market or promote any product or service on or through this Site, including, without limitation, copy, transfer or use any names, photos, links, text, data or other content belonging to or posted by us for the purpose of selling, engaging in, marketing or promoting any product or service; and/or improperly display any TCP/IP packet header or part of the header information in any email or other postings.
Even though all of the above materials and activities are strictly prohibited, there is a small chance that you may become exposed to them while using the Site. If so, neither we nor any of our officers, directors, employees, shareholders, advertisers or corporate partners will in any way be responsible for any damages incurred or suffered by any party or caused by any party arising out of or related to any such exposure.
Copyright infringement notification
If you believe that this Site contains text, images, or other elements that infringe your copyrights in your work, please follow these procedures.
All notifications of claimed copyright infringement related to this Site should be sent only to our Corporate Office.
Written notification must be submitted by email, fax or mail to the following:
POPPED CULTURE, INC d/b/a THE POP’D SHOP
348 N. Queen Street
Lancaster, PA 17603
In order to comply with Title 17, United States Code, Section 512(c)(3)(A), the Notification of Claimed Infringement must include the following:
An electronic or physical signature of the copyright owner or of the person authorized to act on behalf of the copyright owner of the copyrighted work(s);
Identification of the copyrighted work(s) that you or the copyright owner claim has been infringed;
A description of the material that you or the copyright owner claim is infringing, and the location where the original or an authorized copy of the copyrighted work exists (for example, the URL of the page as to this Website where it is lawfully posted;
A clear description of where the infringing material is located on our website, including as applicable its URL, so that we can locate the material;
Your name, address, telephone number, and e-mail address;
A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
All privacy related provisions as to this Site can be found by Clicking Here, and are incorporated herein by reference.
References or links to other websites
You understand and agree that any hyperlinks to other websites that are suggested or identified in this Site or advertisements of other parties' products or services are provided to you for convenience purposes only and that we do not make any representations or warranties regarding such websites or the products or services offered through such websites. We do not endorse, verify or otherwise have any responsibility for any such websites, their business practices, or any goods or services associated with such websites. We reserve the right in our sole discretion and without notice to: (i) terminate any and all links to this Site from any third party site, (ii) terminate any and all links from this Site to any third party site and/or (iii) terminate any third party materials made available or accessible via this Site and remove any online posting thereof.
WE ARE NOT RESPONSIBLE FOR THE USE OF ANY PRODUCTS PURCHASED THROUGH THIS SITE. THE CONTENT OF THE SITE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE USED TO DIAGNOSE OR TREAT A HEALTH OR OTHER PROBLEM OR DISEASE. NEITHER THE CONTENT NOR ANY PRODUCTS OFFERED THROUGH THE SITE ARE INTENDED TO BE, NOR SHOULD THEY BE USED AS, A SUBSTITUTE FOR PROFESSIONAL DIAGNOSIS OR TREATMENT IN ANYWAY. DO NOT USE THE INFORMATION OR PRODUCTS AVAILABLE ON OR THROUGH THE SITE AS A SUBSTITUTE FOR PROFESSIONAL EVALUATION AND TREATMENT. ANY INFORMATION THAT YOU FIND HERE, RECEIVE FROM OUR AGENTS OR EMPLOYEES BY PHONE, FAX, ELECTRONIC MAIL OR OTHER TRANSMISSION MEDIUM, ON WEBSITES WHICH WE LINK TO, OR OBTAIN THROUGH CONTACTS YOU MAY MAKE THROUGH THIS SITE OR PRODUCTS OFFERED THROUGH THE SITE, SHOULD BE VERIFIED WITH YOUR PROFESSIONAL HEALTHCARE PROVIDER. CONSULT YOUR PROFESSIONAL HEALTH CARE PROVIDER WITH ANY SPECIFIC HEALTH QUESTIONS OR PROBLEMS YOU MAY HAVE. IF YOU THINK YOU MAY HAVE A MEDICAL EMERGENCY OR ANY CONDITION REQUIRING IMMEDIATE ATTENTION, CALL YOUR DOCTOR OR 911 IMMEDIATELY. WE DO NOT RECOMMEND OR ENDORSE ANY SPECIFIC MEDICAL TESTS, PRODUCTS, PROCEDURES, OPINIONS, OR OTHER INFORMATION THAT MAY BE MENTIONED ON OR PURSUANT TO THE SITE. RELIANCE ON ANY INFORMATION OR PRODUCTS PROVIDED BY US, OUR AGENTS OR EMPLOYEES IS SOLELY AT YOUR OWN RISK AND WE HEREBY DISCLAIM ANY AND ALL LIABILITY IN CONNECTION THEREWITH.
UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS, LIABILITY OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY DAMAGE, RESULTING FROM OR ARISING OUT OF ANYONE'S ACCESS OR USE OF THE SITE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, ANY INTERACTIONS BETWEEN OR AMONG USERS OF THE SITE, WHETHER ONLINE OR OFFLINE, OR YOUR USE OR CONSUMPTION OF ANY PRODUCTS PURCHASED THROUGH THIS SITE.
THIS WEBSITE IS PROVIDED TO YOU "AS IS" AND "AS AVAILABLE," WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF FITNESS FOR ANY PARTICULAR PURPOSE AND MERCHANTABILITY OR ANY WARRANTY OF NONINFRINGEMENT. WE DO NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF ANY MATERIALS CONTAINED IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WE ARE NOT RESPONSIBLE FOR ANY LIABILITY ARISING FROM YOUR USE OF OR RELIANCE ON THE CONTENT, OR ANY OTHER MATERIAL APPEARING ON OR THROUGH THIS SITE.
WITHOUT LIMITING THE FOREGOING, WE ARE NOT RESPONSIBLE FOR ANY MALICIOUS CODE, DELAYS, INACCURACIES, ERRORS OR OMISSIONS ARISING OUT OF OR RESULTING FROM YOUR ACCESS AND USE OF THIS SITE. YOU (AND NOT POPPED CULTURE, INC d/b/a THE POP’D SHOP) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
Limitation of liability
TO THE FULLEST EXTENT PERMITTED UNDER LAW, YOU UNDERSTAND AND AGREE THAT THIS SITE, POPPED CULTURE, INC d/b/a THE POP’D SHOP, AND THEIR RESPECTIVE MANAGERS, MEMBERS, OFFICERS, EMPLOYEES, AGENTS, REPRESENTATIVES, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, MANUFACTURERS AND SUPPLIERS, SHALL NOT BE RESPONSIBLE FOR ANY LIABILITY, LOSS OR DAMAGE, OF ANY KIND WHATSOEVER, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THIS SITE OR PURCHASE, CONSUMPTION OR USE OF ANY PRODUCTS SOLD THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT WILL OUR ENTIRE LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, REGARDLESS OF THE FORM OF THE ACTION, EXCEED ONE HUNDRED DOLLARS ($100).
You may not use or export or re-export the Content at or on this Site or any copy or adaptation thereof in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations.
There is no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship between you and us or between us and any other user of the Site.
YOU AND POPPED CULTURE, INC d/b/a THE POP’D SHOP AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE MUST BE BROUGHT FORTH WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.