Conditions of Use

WWW.POPUPCHECK.COM
CONDITIONS-OF-USE AGREEMENT

POPUPCHECK.COM WELCOMES YOU TO OUR WEB SITE. WE ASK THAT YOU READ THE FOLLOWING CONDITIONS OF USE, WHICH CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS SITE AND ANY RELATED SITES, AND SHALL GOVERN ANY TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS SITE OR ANY RELATED SITES (“AGREEMENT”). BY ACCESSING, VIEWING, OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS SITE.

POPUPCHECK.com reserves the right to make changes to the POPUPCHECK.com Web Site and its Conditions of Use and Legal Notices and Policies at any time. Each time you use the POPUPCHECK.com Web Site, you should visit and review the then current Conditions of Use, Legal Notices and Privacy Policy that apply to your transactions and use of this Web Site. If you are dissatisfied with the POPUPCHECK.com Web Site, its content or Conditions of Use and Legal Notices, you agree that your sole and exclusive remedy is to discontinue using the POPUPCHECK.com Web Site.

USE OF WWW.POPUPCHECK.COM
POPUPCHECK.com grants you a limited license to access and make personal use of this Web Site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of POPUPCHECK.com. This license does not include any resale or commercial use of this Web Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Web Site or its contents; any downloading or copying of account or other non-public information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Web Site or any portion of this Web Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of POPUPCHECK.com. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of POPUPCHECK.com and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing POPUPCHECK.com’s name or trademarks without the express written consent of POPUPCHECK.com. Any unauthorized use terminates the permission or license granted by POPUPCHECK.com. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to POPUPCHECK.com so long as the link does not portray POPUPCHECK.com, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any POPUPCHECK.com logo or other proprietary graphic or trademark as part of the link without express written permission. Any other use of this Web Site is prohibited, including, but not limited to, use of any features of this Web Site that permit communications or postings to post, transmit, display, or otherwise communicate:

  1. any defamatory, threatening, obscene, harassing, or otherwise unlawful information;
  2. any advertisement, solicitation, spam, chain letter, or other similar type of information;
  3. any encouragement of illegal activity or commit illegal activities;
  4. the impersonation of any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;
  5. unauthorized use or disclosure of private, personally identifiable information of others; or
  6. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.

You understand that we have no obligation to monitor any bulletin boards, chat rooms, web logs, or other areas of the POPUPCHECK.com Web Site through which users may supply information or material. However, we reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Conditions of Use. We also reserve the right to deny access to the POPUPCHECK.com Web Site or any features of such site to anyone who violates these Conditions of Use or who, in our sole judgment, interferes with the ability of others to enjoy our Web Site or infringes the rights of others.

SITE CONTENTS AND OWNERSHIP
The information contained on this Web Site, including all images, designs, photographs, writings, graphs, data, and other materials (“Materials”) are the property of POPUPCHECK.com and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. This material shall not be used for any purpose other than authorized in this Agreement or by the written consent of POPUPCHECK.com. You must retain all copyright and other proprietary notices on all copies of the Contents. You shall comply with all copyright laws worldwide in your use of this Web Site and prevent unauthorized copying of the Contents. Except as provided in this Notice, POPUPCHECK.com does not grant you any express or implied right in or under any patents, trademarks, copyrights, or trade secret information.

SUBMISSION OF MATERIAL
(a) All photos, text, and other content or information submitted by you to POPUPCHECK.com shall become the property of POPUPCHECK.com, and POPUPCHECK.com shall have no obligation to preserve, return, or otherwise make available to you or other people any photos or information so submitted.

(b) You understand that because POPUPCHECK.com becomes the owner of all photos, text, and other content or information submitted by you, POPUPCHECK.com and its officers, directors, employees, successors, and assigns may use, reproduce, edit, display, transmit, modify, publish, prepare derivative works of, and otherwise make use of the submitted photos, text, and other content or information in any and all media—whether now known or hereinafter created—throughout the world and for any purpose, without compensation to you of any kind.

(c) By submitting any photo, text, or other content or information to POPUPCHECK.com, you hereby represent and warrant that the submitted photo, text, or other content or information does not infringe on any copyright or trademark, any rights of privacy or publicity of any person, or any other right of any third party. You hereby represent and warrant that you have the right to transfer the photo, text, or other content or information to POPUPCHECK.com free and clear of any claims or encumbrances.

(d) You acknowledge and agree that POPUPCHECK.com shall have no obligation to post, display, or otherwise make publicly available any photo, text, or content or other information submitted by you.

(e) You further understand and intend that any photo, text, and other content or information submitted by you to POPUPCHECK.com may be available for viewing, rating, reviewing, and commenting by the public. You understand that comments or ratings that you disagree with or are unhappy about may be published or otherwise become associated with any photo, text, or other content or information that you submit to POPUPCHECK.com. By submitting any photo, text, or other content or information to POPUPCHECK.com, you hereby waive any privacy expectations that you may have with respect to any such photo, text, or other content or information submitted by you to POPUPCHECK.com.

(f) You hereby agree to hold POPUPCHECK.com and its officers, directors, employees, successors, and assigns harmless from and against—and hereby waive any right to pursue—any claims of any nature arising in connection with POPUPCHECK.com’s use of the photos, text, or other content or information submitted by you to POPUPCHECK.com and used in any manner in POPUPCHECK.com’s sole and absolute discretion.

DISCLAIMER OF WARRANTY
The information on this Web Site does not constitute endorsement of a particular product, service, supplier or vendor. All information, graphics or otherwise viewed on this Web Site are for demonstration or information purposes only, and should be relied on only at your own risk. Any information provided should be verified directly with POPUPCHECK.com if it relates to a particular account or procedure for POPUPCHECK.com services, permits, or otherwise. Listing of a product, service, or entity on this Web Site is not a warranty by POPUPCHECK.com of the quality or efficacy of care, products or services furnished by a particular vendor, entity or service. You expressly agree that use of this Web Site is at your sole risk. Neither POPUPCHECK.com, its affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or licensors (collectively, “Providers”), or the like, warrant that this Web Site will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Web Site, or as to the accuracy, completeness, reliability, security, or currency of the Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, POPUPCHECK.com does not warrant reliability of any statement or other information displayed or distributed through the Web Site. POPUPCHECK.com reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site. POPUPCHECK.com may make any other changes to this Web Site, the Materials and the products, programs, services, or prices (if any) described in this Web Site at any time without notice.

THIS SITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS SITE ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” BASIS. POPUPCHECK.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEB SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, POPUPCHECK.COM EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS SITE OR YOUR USE OF THIS SITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

NOTICE TO POPUPCHECK.COM
Communications made through the POPUPCHECK.com’s Web Site shall in no way be deemed to constitute legal or official notice to the POPUPCHECK.com, its agencies, officers, employees, representatives, or agents with respect to any existing, pending, or future claim or cause of action against POPUPCHECK.com or any of its agencies, officers, employees, representatives, or agents where notice is required by federal, state, or local law. No communication to POPUPCHECK.com made through this Web site shall be deemed to constitute legal or official notice for any purpose. Materials and information on the POPUPCHECK.com’s Web site are provided as a public service and intended to afford general guidelines on matters of public interest. Accordingly, the information in this site is not intended to serve as legal, accounting or tax advice.

LIMITATION OF LIABILITIES
YOU AGREE THAT POPUPCHECK.COM AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS SITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL POPUPCHECK.COM OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEB SITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS SITE, YOUR USE OF, OR INABILITY TO USE, THIS SITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER POPUPCHECK.COM OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

INDEMNIFICATION
You agree to indemnify, defend, and hold harmless POPUPCHECK.com, its affiliates, agents, employees, and licensors from and against any and all claims and expenses, including reasonable attorney fees, arising out of or related in any way to your use of the Web Site, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.

PRIVACY POLICY
POPUPCHECK.com’s Privacy Policy governing the use of information that POPUPCHECK.com obtains from you through your use of this Web Site is available on this Web Site. To view the Privacy Policy please click here.

LIMITATIONS ON CLAIM
Any cause of action you may have with respect to your use of this Web Site must be commenced within one (1) year after the claim or cause of action arises.

RISK OF LOSS
Any items purchased from POPUPCHECK.com are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.

TERM AND TERMINATION
Without limiting its other remedies, POPUPCHECK.com may immediately discontinue, suspend, terminate, or block your and any user’s access to this Web Site at any time in our sole discretion.

HYPERLINK DISCLAIMERS
As a convenience to you, we may provide on this Web Site links to web sites operated by other entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this Web Site. If you decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Sites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by POPUPCHECK.com. The content, accuracy, opinions expressed, and other links provided by Linked Sites are not investigated, verified, monitored, or endorsed by POPUPCHECK.com. POPUPCHECK.com does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Site, other than linked information authored by POPUPCHECK.com. Links do not imply that POPUPCHECK.com or this Web Site sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized to use any trademark, trade name, logo or copyright symbol of POPUPCHECK.com or any of its affiliates or subsidiaries. Except for links to information authored by POPUPCHECK.com, POPUPCHECK.com is neither responsible for nor will it be liable under any theory based upon (i) any Linked Site; (ii) any information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any Linked Site. If you decide to visit any Linked Sites and/or transact any business thereon, you do so at your own risk. POPUPCHECK.com reserves the right to discontinue any Linked Site at any time without prior notice. Please contact the Web masters of any Linked Sites concerning any information, goods, and/or services appearing thereon.

CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. POPUPCHECK.com makes no representation that the materials are appropriate or available for use outside the United States. If you access this Web Site from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Web Site. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Muskegon County, Michigan for any disputes with POPUPCHECK.com arising out of your use of this Web Site.

ENTIRE AGREEMENT
This Agreement constitutes the entire agreement between POPUPCHECK.com and you with respect to this Web Site, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and POPUPCHECK.com with respect to this Web Site. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Web Site. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. POPUPCHECK.com does not and will not assume any obligation to notify you of changes to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES
You agree to be bound by any affirmation, assent, or agreement you transmit through this Web Site, including, but not limited to, any consent you give to receive communications from POPUPCHECK.com solely through electronic transmission. You agree that when in the future you click on an “I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature.