Last Updated: April 25, 2022
THESE TERMS OF SERVICE (“TERMS”) ARE A BINDING AGREEMENT BETWEEN YOU AND PLUMPOP, INC., A DELAWARE CORPORATION, WITH AN ADDRESS AT 1320 ARROW POINT DRIVE, SUITE 501 #194, CEDAR PARK, TEXAS 78613 (“PLUMPOP”). BY BROWSING OUR INTERNET SITE LOCATED AT URL HTTPS://WWW.PLUMPOP.COM/ AND ALL SUBSIDIARY PAGES UNDER THE PLUMPOP.COM DOMAIN (COLLECTIVELY, THE “PLUMPOP WEBSITE”), YOU AGREE TO ABIDE BY THESE TERMS, AS THEY MAY BE AMENDED BY PLUMPOP FROM TIME TO TIME IN ITS SOLE DISCRETION. PLUMPOP WILL POST A NOTICE ON THE PLUMPOP WEBSITE ANY TIME THESE TERMS OF USE HAVE BEEN CHANGED OR OTHERWISE UPDATED. IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS PERIODICALLY, AND IF AT ANY TIME YOU FIND THESE TERMS UNACCEPTABLE, YOU MUST IMMEDIATELY LEAVE THE PLUMPOP WEBSITE AND CEASE ALL USE OF THE PLUMPOP WEBSITE.
YOU AGREE THAT BY ACCESSING, BROWSING OR USING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THE FOLLOWING TERMS OF USE.
Please review our Privacy Policy, which is incorporated into this Agreement by reference. By using the PlumPop Website, you are consenting to the terms of our Privacy Policy.
Subject to all of the terms and conditions herein, PlumPop hereby grants you a limited, non-transferable, revocable, terminable, non-exclusive license, without the right to sublicense, to access and use the PlumPop Website according to these Terms solely for your personal purposes. PlumPop reserves the right to terminate this license at its sole discretion, and the PlumPop Website will not be available for use by you in the event the license is terminated.
The PlumPop Website and its contents are copyrighted by PlumPop. You acknowledge that the PlumPop Website (and its respective structures, organization, and source code) constitutes valuable trade secrets of PlumPop. Accordingly, you must not: (a) copy, modify, adapt, alter, translate, port or create derivative works of the PlumPop Website or other PlumPop materials; (b) reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code for or any other proprietary information or trade secrets from the PlumPop Website; (c) disseminate performance-related information relating to the PlumPop Website; or (d) otherwise reproduce, display or copy the PlumPop Website. You shall be exclusively responsible for the supervision, management, and control of your use of the PlumPop Website.
You agree that PlumPop shall own and retain all right, title, and interest to the PlumPop Website, to enhancements, improvements, and derivatives, and to all copyright, trademark, trade secret and all other intellectual and proprietary rights (“Intellectual Property Rights”) related thereto. Except as expressly licensed to you herein, PlumPop on its behalf and on behalf of its licensors reserves all right, title and interest in the PlumPop Website and all associated copyrights, trademarks, and other Intellectual Property Rights therein. The license granted in section 3 is limited to the Intellectual Property Rights of PlumPop and its licensors in the PlumPop Website and does not include any rights to other patents or Intellectual Property Rights. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with PlumPop.
All title and copyrights in and to the PlumPop Website are owned by PlumPop or its licensors. The PlumPop Website is protected by copyright laws and international treaty provisions. Therefore, when using the PlumPop Website, you agree to obey the law and to respect the Intellectual Property Rights of others. Your use of the PlumPop Website is at all times governed by and subject to laws regarding copyright ownership and use of intellectual property. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third-party rights.
All names of products and merchants featured in the PlumPop Website are trademarks of their corresponding owners.
THE PLUMPOP WEBSITE IS PROVIDED ON AN “AS IS” BASIS. PLUMPOP MAKES NO OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING THE PLUMPOP WEBSITE. PLUMPOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE FOREGOING INCLUDING WITHOUT LIMITATION, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS. PLUMPOP DOES NOT WARRANT THAT THE PLUMPOP WEBSITE WILL BE ERROR-FREE, UNINTERRUPTED, VIRUS-FREE, OR SECURE. YOU HEREBY ACKNOWLEDGE THAT YOU HAVE RELIED ON NO WARRANTIES FROM PLUMPOP OR ANY THIRD PARTY.
NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, EXCEPT FOR YOUR VIOLATION OF PLUMPOP’S INTELLECTUAL PROPERTY RIGHTS, NEITHER PARTY SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS, THE BREACH THEREOF, OR THE USE OR INABILITY TO USE THE PLUMPOP WEBSITE. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. IN ANY CASE, PLUMPOP’S ENTIRE LIABILITY UNDER ANY PROVISION OF THESE TERMS SHALL BE LIMITED TO U.S. $100.00. BECAUSE SOME STATES AND JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
These Terms will be governed by and interpreted in accordance with the law of the State of Texas without reference to its choice of law rules. This agreement shall be deemed to be performed in Austin, Texas. Both parties irrevocably submit to the exclusive jurisdiction of the state or federal courts located in Travis County, Texas. For any action or proceeding regarding this agreement, and both parties waive any right to object to the exclusive jurisdiction or venue of the courts in Travis County, Texas. In the event a dispute arises regarding this agreement, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. No waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
You shall not assign or otherwise transfer your rights or obligations under these Terms to a third party.
If any provision of these Terms is held by a court of competent jurisdiction to be unenforceable, such provision will be deleted and re-interpreted to the extent necessary to comply with law and interpreted and substituted to accomplish the objectives of such provision to the greatest extent possible under applicable law. The remaining provisions of these Terms will continue in full force and effect.
These Terms constitutes the entire agreement between the parties with respect to the subject hereof and supersedes all prior or contemporaneous agreements, understandings, and communication, whether written or oral. PlumPop shall have the right, at any time and without notice, to add to or modify these Terms by posting an updated version of these Terms on the PlumPop Website. Your access to or use of the PlumPop Website after the date such amended Terms are delivered to you shall be deemed to constitute acceptance of such amended Terms.
BY ACCESSING AND BROWSING THE PLUMPOP WEBSITE, YOU ACKNOWLEDGE AND AGREE THAT YOU HAVE READ THESE TERMS AND AGREE TO BE BOUND BY THEM.