Please read and review these Terms of Use carefully before accessing or using this website. By accessing or using this website, you acknowledge that you have read, understood and agreed to these Terms of Use. If you do not agree to these Terms of Use, refrain from further access or use of this site.
Scope of Terms of Use
These Terms of Use govern your access and use of the PoppaGoose.com website and all information, applications, software, and/or services that may be available on or offered through the website, except to the extent such information, applications, software and/or services are the subject of a separate agreement.
Intellectual Property
The website, including the website’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof, and all information and materials contained on the website (collectively, “Materials”), are the property of PoppaGoose.com, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are nevertheless reserved. PoppaGoose.com authorizes you to view the Materials only for personal, non-commercial use; provided you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by these Terms of Use, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works or otherwise use any of the Materials in any form or by any means, without the prior written authorization of PoppaGoose.com. The trademarks, service marks, trade names, trade dress and logos contained or described on the website are the sole property of PoppaGoose.com and may not be copied, altered or otherwise used, in whole or in part, without the prior written authorization of PoppaGoose.com.
Proper Use
You agree to use the website only for lawful purposes and that you are responsible for your use of and communications made through, on and/or in connection with the website. You agree not to post on or transmit through this website any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes others’ intellectual property rights or otherwise violates any applicable local, state, national or international law. You agree not to use this website in any manner that interferes with its normal operation or with any other user’s use and enjoyment of the website.
No Relationship
The Materials on this website are provided for informational purposes only, and do not constitute advice or create any binding relationship. In addition, no relationship is established through your access of this website or PoppaGoose.com social media accounts and the information contained therein; any subscription to PoppaGoose.com blog or use of any other information; and/or your transmission of solicitation information/messaging via e-mail through this website or PoppaGoose.com social media accounts. Further, communications through this website or PoppaGoose.com social media accounts are not considered “Confidential” in nature.
Disclaimer
PoppaGoose.com expressly disclaims, and has no liability with respect to, any actions or inactions based upon any Materials maintained on this website. The website and the Materials contained herein are provided on an “as is” and “as available” basis. PoppaGoose.com expressly disclaims all warranties, express or implied, with respect to this website and the Materials contained herein, including but not limited to any warranties regarding the accuracy, completeness or currency thereof and the implied warranties of merchantability, fitness for a particular purpose and/or non-infringement. Without limiting the generality of the foregoing, PoppaGoose.com makes no representation or warranty that the Materials on this website are correct, current or complete. Furthermore, PoppaGoose.com makes no representation that Materials contained on this Website are appropriate or available for use in jurisdictions outside the United States, or that these Terms of Use comply with the laws of any other country. Visitors who use the website and reside outside the United States do so on their own initiative and are responsible for compliance with all laws, if and to the extent local laws are applicable. You agree that you will not access this website from any territory where its contents are illegal, and that you, and not PoppaGoose.com, are responsible for compliance with applicable local laws. Further, PoppaGoose.com has no obligation to update this website.
Your access and use of this website, and other sites accessed through this website, is at your own risk. PoppaGoose.com is not responsible for the transmission of viruses or other harmful effects that may result from access or use of this website. PoppaGoose.com has no liability with respect to the Materials provided on this website or the use thereof. PoppaGoose.com shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the website, or any Materials contained herein. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, punitive, exemplary or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), or otherwise, even if an individual advises of the possibility of such damages. This limitation includes damages to, or for any viruses that infect your computer equipment. The user’s sole remedy for any dissatisfaction or problems with this website is to cease using the website. PoppaGoose.com expressly disclaims responsibility for the content or practices (including privacy practices) of any third-party websites that may be accessed through PoppaGoose.com’ website.
Indemnification
You agree to indemnify, defend and hold harmless PoppaGoose.com, its affiliates and its and their respective officers, directors, employees and agents for and against any and all claims, demands, losses, liabilities, damages, harm, and costs and expenses (including reasonable attorneys’ fees) resulting from your violation of these Terms of Use.
Governing Law and Jurisdiction
These Terms of Use and your access and use of the website shall be governed by the laws of the United States of America and the State of New York, without regard to its conflicts of laws principles. You agree that the exclusive venue for any action or proceeding arising out of or related to these Terms of Use or the website shall be the federal and/or New York state courts located in the County of New York, State of New York.
Updates
PoppaGoose.com Terms of Use set forth herein and its website may be changed, supplemented, deleted or updated at its sole discretion at any time, with or without notice. Your use of this website following any such changes, supplements, deletions or updates constitutes your acceptance of any such modifications to our website or Terms of Use. Therefore, each time you use or access this website, you should review PoppaGoose.com’ Terms of Use.
Miscellaneous
If any provision of these Terms of Use is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected. The failure of PoppaGoose.com to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit PoppaGoose.com right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use.
Last Updated:
February 5th, 2020