PearPop

Terms and Conditions

Welcome to PearPop!


Thank you for using our products and services.

These Terms of Use (“Terms”) govern your use of PearPop and provide information about the PearPop Service. When you create a PearPop account or use PearPop, you agree to these Terms.

ARBITRATION NOTICE: YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. WE EXPLAIN SOME EXCEPTIONS AND HOW YOU CAN OPT OUT OF ARBITRATION BELOW.

The PearPop Service

We agree to provide you with the PearPop Service. The ‘Service’ includes all of the PearPop websites, mobile applications, products, features, applications, services, technologies, and software. We may update, modify, change, suspend or terminate any or all of the PearPop Service at any time and from time to time, in our sole discretion, and your continued use of the Service after any such update, modification or change constitutes your agreement to such update, modification or change.

Privacy Policy

Providing our Service requires collecting and using your information.

explains how we collect, use, and share information. The Privacy Policy also explains the ways you can control your information. You must agree to the Privacy Policy to use PearPop.

Your Commitments

In return for our commitment to provide the Service, we require you to make the below commitments to us.

Who Can Use PearPop. We want our Service to be as open and inclusive as possible, but we also want it to be safe, secure, and in accordance with the law. So, we need you to commit to a few restrictions in order to be part of the PearPop community.

  • You must be at least 13 years old.
  • You must not be prohibited from receiving any aspect of our Service under applicable laws or engaging in payments related Services if you are on an applicable denied party listing.
  • We must not have previously disabled your account for violation of law or any of our policies.
  • You must not be a convicted sex offender.

How You Can't Use PearPop. Providing a safe and open Service for a broad community requires that we all do our part.

  • You can't impersonate others or provide inaccurate information.
  • You don't have to disclose your identity on PearPop, but you must provide us with accurate and up to date information (including registration information). Also, you can’t impersonate someone you aren't, and you can't create or use an account for someone else unless you have their express permission.
  • You can't do anything unlawful, misleading, or fraudulent or for an illegal or unauthorized purpose.
  • You can't violate (or help or encourage others to violate) these Terms or our policies.
  • You can't do anything to interfere with or impair the intended operation of the Service.
  • You can't attempt to create accounts or access or collect information in unauthorized ways. This includes creating accounts or collecting information in an automated way without our express permission.
  • You can't buy, sell, or transfer any aspect of your account (including your username), or solicit, collect, or use login credentials or badges of other users.
  • You can't post private or confidential information or do anything that violates someone else's rights, including intellectual property.
  • You can't use a domain name or URL in your username without our prior written consent.

Permissions You Give to Us. As part of our agreement, you also give us permissions that we need to provide the Service.

  • We do not claim ownership of your content, but you grant us a license to use it.
    Nothing is changing about your rights in your content. We do not claim ownership of your content that you post on or through the Service. Instead, when you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Service, you hereby grant to us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, run, copy, publicly perform or display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by deleting your content or account. However, content will continue to appear if you shared it with others and they have not deleted it. To learn more about how we use information, and how to control or delete your content, review the Privacy Policy.
  • Permission to use your username, profile picture, and information about your relationships and actions.
    You give us permission to show your username, profile picture, and information about your actions (such as likes) or relationships (such as follows), without any compensation to you. For example, we may show that you liked a sponsored post created by a brand that has paid us to display its ads on PearPop. As with actions on other content and follows of other accounts, actions on sponsored content and follows of sponsored accounts can be seen only by people who have permission to see that content or follow. We will also respect your ad settings.
  • You agree that we can download and install updates to the Service on your device.

Additional Rights We Retain

  • If you select a username or similar identifier for your account, we may change it if we believe it is appropriate or necessary (for example, if it infringes someone's intellectual property or impersonates another user).
  • If you use content covered by intellectual property rights that we have and make available in our Service (for example, images, designs, videos, or sounds we provide that you add to content you create or share), we retain all rights to our content (but not yours).
  • You can only use our intellectual property and trademarks or similar marks as expressly permitted by our policies or with our prior written permission.
  • You must obtain written permission from us or under an open source license to modify, create derivative works of, decompile, or otherwise attempt to extract source code from us.

Content Removal and Disabling or Terminating Your Account

  • We can remove any content or information you share on the Service if we believe that it violates these Terms or our policies, or we are permitted or required to do so by law. We can refuse to provide or stop providing all or part of the Service to you (including terminating or disabling your account) immediately to protect our community or Services, or if you create risk or legal exposure for us, violate these Terms or our policies, if you repeatedly infringe other people's intellectual property rights, or where we are permitted or required to do so by law. If you believe your account has been terminated in error, or you want to disable or permanently delete your account, contact our Help Center.
  • Content you delete may persist for a limited period of time in backup copies and will still be visible where others have shared it. This paragraph, and the section below called "Our Agreement and What Happens if We Disagree," will still apply even after your account is terminated or deleted.

Our Agreement and What Happens if We Disagree


Our Agreement

  • If you use certain features or related services, you will be provided with an opportunity to agree to additional terms that will also become a part of our agreement. For example, if you use payment features, you will be asked to agree to our payment terms. If any of those terms conflict with this agreement, those other terms will govern.
  • If any aspect of this agreement is unenforceable, the rest will remain in effect.
  • Any amendment or waiver to our agreement must be in writing and signed by us. If we fail to enforce any aspect of this agreement, it will not be a waiver.
  • We reserve all rights not expressly granted to you.

Who Has Rights Under this Agreement

  • This agreement does not give rights to any third parties.
  • You cannot transfer your rights or obligations under this agreement without our prior written permission.
  • Our rights and obligations can be assigned to others. For example, this could occur if our ownership changes (as in a merger, acquisition, or sale of assets) or by law.

Who Is Responsible if Something Happens.

  • Our Service is provided "as is," and we can't guarantee it will be safe and secure or will work perfectly all the time. TO THE EXTENT PERMITTED BY LAW, WE ALSO DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
  • We also don’t control what people and others do or say, and we aren’t responsible for their (or your) actions or conduct (whether online or offline) or content (including unlawful or objectionable content). We also aren’t responsible for services and features offered by other people or companies, even if you access them through our Service.
  • Our responsibility for anything that happens on the Service (also called "liability") is limited as much as the law will allow. If there is an issue with our Service, we can't know what all the possible impacts might be. You agree that we won't be responsible ("liable") for any lost profits, revenues, information, or data, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms, even if we know they are possible. This includes when we delete your content, information, or account. Our aggregate liability arising out of or relating to these Terms will not exceed the greater of $100 or the amount you have paid us in the past twelve months.
  • You agree to defend (at our request), indemnify and hold us harmless from and against any claims, liabilities, damages, losses, and expenses, including without limitation, reasonable attorney's fees and costs, arising out of or in any way connected with these Terms or your use of the Service. You will cooperate as required by us in the defense of any claim. We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without our prior written consent.

How We Will Handle Disputes

  • Except as provided below, you and we agree that any cause of action, legal claim, or dispute between you and us arising out of or related to these Terms or the Services ("claim(s)") must be resolved by arbitration on an individual basis. Class actions and class arbitrations are not permitted; you and we may bring a claim only on your or our own behalf and cannot seek relief that would affect other PearPop users. If there is a final judicial determination that any particular claim (or a request for particular relief) cannot be arbitrated in accordance with this provision's limitations, then only that claim (or only that request for relief) may be brought in court. All other claims (or requests for relief) remain subject to this provision.
  • Instead of using arbitration, you or we can bring claims in your local "small claims" court, if the rules of that court will allow it. If you don't bring your claims in small claims court (or if you or we appeal a small claims court judgment to a court of general jurisdiction), then the claims must be resolved by binding, individual arbitration. The American Arbitration Association will administer all arbitrations under its Consumer Arbitration Rules. You and we expressly waive a trial by jury, and except as expressly set forth in these Terms you and we expressly waive a trial by judge.

    The following claims don't have to be arbitrated and may be brought in court: disputes related to intellectual property (like copyrights and trademarks), or efforts to interfere with the Service or engage with the Service in unauthorized ways (for example, automated ways). In addition, issues relating to the scope and enforceability of the arbitration provision are for a court to decide.

    This arbitration provision is governed by the Federal Arbitration Act.

    You can opt out of this provision within 30 days of the date that you agreed to these Terms. To opt out, you must send your name, residence address, username, email address or phone number you use for your PearPop account, and a clear statement that you want to opt out of this arbitration agreement, and you must send them here: PearPop LLC, ATTN: PearPop Arbitration Opt-out, [insert Address].
  • Before you commence arbitration of a claim, you must provide us with a written Notice of Dispute that includes your name, residence address, username, email address or phone number you use for your PearPop account, a detailed description of the dispute, and the relief you seek. Any Notice of Dispute you send to us should be mailed to PearPop LLC, ATTN: PearPop Arbitration Filing, [insert Address]. Before we commence arbitration, we will send you a Notice of Dispute to the email address you use with your PearPop account, or other appropriate means. If we are unable to resolve a dispute within thirty (30) days after the Notice of Dispute is received, you or we may commence arbitration.
  • We will pay all arbitration filing fees, administration and hearing costs, and arbitrator fees for any arbitration we bring or if your claims seek less than $15,000 and you timely provided us with a Notice of Dispute. For all other claims, the costs and fees of arbitration shall be allocated in accordance with the arbitration provider's rules, including rules regarding frivolous or improper claims.
  • For any claim that is not arbitrated or resolved in small claims court, you agree that it will be resolved exclusively in the U.S. District Court for Delaware or a state court located in Sussex County, Delaware. You also agree to submit to the personal jurisdiction of either of these courts for the purpose of litigating any such claim.
  • The laws of the State of Delaware, to the extent not preempted by or inconsistent with federal law, will govern these Terms and any claim, without regard to conflict of law provisions.

Unsolicited Material

We always appreciate feedback or other suggestions, but may use them without any restrictions or obligation to compensate you for them, and are under no obligation to keep them confidential.

Links to Other Web Sites and Services

The Service may contain links to outside services and resources (“Third-Party Content”), the availability and content of which PearPop does not control. Some Third-Party Content may be custom matched based on information provided by you. We are not responsible for examining or evaluating, and we do not warrant the offering of, these businesses or individuals or the content of their web sites or mobile applications. PearPop does not assume any responsibility or liability for the actions, products, or content of these or any other third-parties. PearPop does not guarantee that any service offered by Third-Party Content will be offered to you. PearPop may receive compensation from third-parties for referring you to the third-party or to their website or mobile application. Any services that you obtain through Third-Party Content will be subject to the terms and conditions and privacy policies of the Third-Party Content. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY.


PEARPOP DOES NOT WARRANT THAT ANY CONTENT ON THE SERVICES, OR ANY DOCUMENT OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THE SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SERVICES AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON OR THROUGH THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. PEARPOP CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SERVICES WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.


PEARPOP DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR DEVICES USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICES OR THE DOWNLOAD OR USE OF MATERIALS OR CONTENT. SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION. YOUR SOLE REMEDY AGAINST PEARPOP FOR DISSATISFACTION IS TO STOP USING THE SERVICES OR ANY SUCH CONTENT.


TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, PEARPOP AND ITS DIRECTORS, OFFICERS, SHAREHOLDERS, SUBSIDIARIES, EMPLOYEES, SUCCESSORS IN INTEREST, AGENTS, CONTRACTORS, AFFILIATES, LICENSORS OR THIRD-PARTY PARTNERS AND SUPPLIERS (INCLUDING PAYMENT CARD NETWORKS AND PAYMENT PROCESSORS) AND THE SUCCESSORS OR ASSIGNS OF EACH (COLLECTIVELY “AFFILIATES”) EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSES, AND NON-INFRINGEMENT. PEARPOP AND ITS AFFILIATES DO NOT WARRANT THE DATA, CONTENT OR INFORMATION PROVIDED THROUGH THE SERVICES, INCLUDING WITHOUT LIMITATION USER SUBMISSIONS OR OTHER DATA PROVIDED BY OTHER USERS, TO BE UNINTERRUPTED, ACCURATE, USEFUL, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS.


UNDER NO CIRCUMSTANCES WILL PEARPOP OR ITS AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING OR RELATED TO THE SERVICES, EVEN IF PEARPOP OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.


IN NO EVENT WILL PEARPOP’S OR ITS AFFILIATES’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF THE SERVICES (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SERVICES DURING THE THREE (3) CALENDAR MONTHS PRECEDING YOUR CLAIM.


Security

As a condition of your use of the Service, you agree that you will not, and you will not take any action intended to: (i) access data that is not intended for you or attempt to reverse engineer the Service; (ii) invade the privacy of, obtain the identity of, or obtain any personal information about any customer or user of the Service; (iii) probe, scan or test the vulnerability of the Service or the PearPop network or breach security or authentication measures without proper authorization; (iv) attempt to interfere with service to any user, host or network or otherwise attempt to disrupt our business, including, without limitation, via means of submitting a virus, worm, Trojan Horse, or other destructive feature to the Service, overloading, “flooding,” “spamming,” “mail bombing” or “crashing;” (v) send unsolicited mail, email, texts or notifications, including promotions and/or advertising of products and services; or (vi) attempt to use robots, spiders, intelligent agents, software, tools, engines, or other means to navigate or search the Service other than those generally available through third-party web browsers such as Microsoft Explorer or Google Chrome. Violations of system or network security may result in termination of your account and civil or criminal liability.

Severability

Any failure by us to exercise any rights or enforce any of these Terms shall not constitute a waiver of such rights or terms. If any provision of these Terms or their application in a particular circumstance shall be held by a court of competent jurisdiction to be contrary to law, such provision shall be changed and interpreted so as to best accomplish the objectives of the original provision to the fullest extent allowed by law. The remainder of these Terms, or the application of such provision in other circumstances, shall not be affected thereby, and each provision hereof shall be valid and enforced to the fullest extent permitted by law.

Entire Agreement

These Terms constitute the entire agreement between you and us with regard to your use of the Services, and may be supplemented by additional terms of use or conditions applicable to the Services. Any and all other written or oral agreements or understandings previously existing between you and PearPop with respect to such use are hereby superseded and cancelled.

Assignment

You may not assign or delegate this Agreement or any of the terms or conditions hereunder, directly, indirectly, or otherwise without the written consent of PearPop, and any such purported assignment or delegation shall be void.

Law and Venue

This Site is located in the State of [Site of Servers]. These Terms of Use and the relationship between you and PearPop shall be governed exclusively by the laws of the State of [Delaware ?] without regard to its conflicts of law provisions. You agree to the personal jurisdiction by and venue in the state and federal courts located in [----------] County, [Delaware ?] and agree and consent that such courts are the exclusive forum for litigation of any claim or cause of action arising out of or relating to your use of the Services. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or relating to your use of the Services must be filed within one year after such claim or cause of action arose or be forever barred.

Cookies

“Cookies” are small data files transferred by a website to your computer's hard drive. PearPop or its service providers send cookies when you surf our site, or sites where PearPop ads appear, request or personalize information, or register yourself for certain Services. Accepting the cookies used on our Site, sites that are “powered by” another company on PearPop’s behalf, or sites where our ads appear may give us access to information about your browsing preferences, which we may use to personalize and enhance your experience. Cookies are typically classified as either “session” cookies or “persistent” cookies.

Session cookies do not stay on your computer after you close your browser.

Persistent cookies remain on your computer until you delete them, or they expire.

Generally speaking, web browsers automatically accept cookies by default. That being said, you can typically prevent cookies or selectively accept cookies by adjusting the preferences in your browser. If cookies are not accepted, there may be some features of our Site that will not be available, and some websites/pages/content may not display properly.

PearPop does not store passwords or any other information about a visitor in a cookie that would identify them, locate them, or determine their preferences. Aggregated customer information may help PearPop assess the performance of its Services and develop strategies to maximize utility. This information may be provided to other companies, including but not limited to third-party advertisers. This information does NOT include any personal details that can be used to identify individuals.

Advertiser Disclosure

Some of the offers that appear on PearPop are from companies from which PearPop may receive compensation. This compensation may impact how and where products appear, including, for example, the order in which they may appear within listing categories. PearPop does not include all products or offers available in the marketplace. It is always your choice whether or not to apply for an offered product or service and we will never submit an application for a product or service on your behalf without your express consent.

Updating These Terms

We may change our Service and policies, and we may need to make changes to these Terms so that they accurately reflect our Service and policies. Unless otherwise required by law, we will notify you (for example, through our Service) before we make changes to these Terms and give you an opportunity to review them before they go into effect. Then, if you continue to use the Service, you will be bound by the updated Terms. If you do not want to agree to these or any updated Terms, you can delete your account.

Revised: May 21, 2020

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