Popnoggins
Use of Web Terms and Agreement
THIS AGREEMENT GOVERNS YOUR PURCHASE OF PRODUCTS FROM POPNOGGINS
("Popnoggins"). PLEASE READ IT CAREFULLY. NO OTHER TERMS
APPLY. BY SUBMITTING YOUR ORDER YOU ARE AGREEING TO THESE TERMS.
Definitions:
"Product" shall mean any item offered for sale or licensing
on the popnoggins web site. Popnoggins.com/direct or edu.Popnoggins.com/direct
Web sites or Popnoggins' direct sales materials (ads, catalogs,
specifications sheets, etc.), including but not limited to hardware
devices, software, accessories, configurations of hardware and
software, CDs and DVDs, and documentation.
Entire Agreement:
The terms and conditions herein may NOT be altered, supplemented,
or amended by the use of any additional document(s) that purport
to be an agreement of the parties unless such document is signed
by both parties. Any attempt to supplement or amend these terms
and conditions or to enter an order for Product(s) which is subject
to additional or altered terms and conditions that is not signed
by both parties shall be null and void.
Order Acceptance by Popnoggins/Acceptance of This Agreement by
You:
All orders of Products placed by you with Popnoggins shall be
subject to acceptance by Popnoggins. Notwithstanding any order
confirmation or other communications sent by Popnoggins, your
order shall not be deemed accepted by Popnoggins until Popnoggins'
shipment of the products ordered. Your submission of your order
shall constitute your full acceptance of these terms and conditions.
IF YOU DO NOT ACCEPT THESE TERMS, PLEASE DO NOT SUBMIT AN ORDER.
Limited Warranties:
With respect to Popnoggins branded Products, Popnoggins makes
no warranties except those stated in the Popnoggins limited warranty
cards included with the Products, or, in the case of optional
extended warranties issued by Popnoggins, such extended warranty
documentation. With respect to third party (i,e,. non-Popnoggins
branded) Products, such Products are sold by Popnoggins AS IS.
However the third party manufacturer or supplier of these Products
may offer its own warranties, and you agree to look solely to
such manufacturer or supplier for any warranty related claims.
POPNOGGINS EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESSED
OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF
MECHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY IMPLIED
WARRANTIES OF NON-INFRINGEMENT.
Software License Terms:
All software (including pre-loaded software contained in hardware)
is provided subject to such software's user license agreement.
You agree that you will be bound to such agreement.
Payment Terms; Price Confirmation:
Unless otherwise indicated, the purchase price of Products will
be billed in full at the time of Product shipment. Popnoggins
will charge credit cards upon shipment. Popnoggins accepts Mastercard,
Visa, American Express and Discover. Popnoggins does not accept
cash, COD, purchase orders or personal checks unless specific
arrangements have been made for business sales. Popnoggins does
accept business checks and ships once the business check has been
cleared by our financial third party. Popnoggins payment terms
are subject to change without notice at Popnoggins' sole discretion.
For Web orders we confirm the price of a Product as part of our
order processing procedures. In the unlikely event that a price
stated on a Popnoggins Web site or direct sales materials is incorrect,
then the following applies: If a Product's correct price is lower
than our stated price, we charge the lower price and ship you
the Product. If a Product's correct price is higher than our stated
price, we will, at our discretion, either contact you for instructions
before shipping or cancel your order and notify you of such cancellation.
Products:
Popnoggins continually updates and revises Products. Popnoggins
may revise and/or discontinue Products at any time. Changes in
products shipped and products described on Popnoggins websites
and/or direct sales materials (ads, catalogs, specification sheets
etc.) are possible. Popnoggins Products are new unless specified
as refurbished.
Return Policy:
Popnoggins' return policy allows for Products (other than popnoggins
systems) purchased directly from Popnoggins to be returned by
you after obtaining a Popnoggins return authorization number (RMA)
during the 10 day period following date of shipment by Popnoggins
for a refund of purchase price actually paid, however Popnoggins
may charge a return fee at it’s full discretion. Games and
game hardware are non-returnable items. We will not issue a refund
on any CD, DVD, UMD or other software that has been opened (taken
out of its plastic wrap). If you have received damaged, defective
or incorrectly shipped merchandise please notify Customer Service
within 10 days. The RMA number for Popnoggins returns may be obtained
by going online at www.Popnoggins.com
contact us or by calling Popnoggins Customer Support at
1-877-noggin-u. Shipping and handling charges are not refundable.
Damage and missing part restocking fees may apply. RMAs are valid
for only 14 days from issuance.. You are responsible for and must
prepay all shipping charges and you shall assume all risk of loss
or damage to Product while in transit to Popnoggins. If you return
Product to Popnoggins (i) without a RMA from Popnoggins or (ii)
beyond the 14 day issuance period, or (iii) without proper packaging,
Popnoggins retains the right to either refuse delivery of such
return or charge you a restocking fee. Please allow up to eight
weeks for Popnoggins to credit your account.
Custom Designs:
Please make sure your proof is correct as shown. Custom
product may not be returned.. These products MAY NOT be returned
for refund or exchange unless they contain defects in materials
or workmanship or are otherwise returnable under applicable warranty
provisions. Popnoggins' limited warranty does not cover replacement.
Extranet and Password-Authenticated Transaction
Terms:
Popnoggins makes available to select business, educational and
government customers extranet and other password-authenticated
functionality for such customer's internal business purposes.
If such functionality is made available to you (directly, or through
designated administrators or users), you are responsible for transaction
activity of system users utilizing unique user names and passwords
supplied, whether or not such transactions are in fact authorized
by you. You are responsible for the actions of individuals transacting
with Popnoggins using user names and passwords supplied by Popnoggins
to you. If you believe there has been a breach of security of
a user name, password, or otherwise, please notify Popnoggins'
Personal Information Management team immediately by calling 877.NOGGINU
Popnoggins reserves the right to terminate access to all or part
of any functionality in its sole discretion without notice. Popnoggins
does not warrant that the extranet or password authenticated functionality
is error-free or complete. You agree to indemnify, defend and
hold Popnoggins harmless from and against any and all claims,
liabilities, losses, costs and expenses incurred by Popnoggins
as a result of unauthorized use of extranet and other password
authenticated functionality.
Shipping and Handling/Risk of Loss:
Product prices do not include shipping and handling. Popnoggins
will use its discretion in selecting a reputable carrier and appropriate
means of shipment. Risk of loss or damage to Products in transit
is yours. In the event of Product damage or loss during transit,
it is your responsibility to file a claim with the carrier.
Limitation of Liability:
BOTH YOURS AND POPNOGGINS'S LIABILITY SHALL BE
LIMITED TO THE PRICE PAID FOR PRODUCT. IN NO EVENT SHALL EITHER
YOU OR POPNOGGINS BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL,
INCIDENTAL OR CONSEQUENTIAL DAMAGES RESULTING FROM PERFORMANCE
OR FAILURE TO PERFORM UNDER THIS AGREEMENT, OR FROM THE FURNISHING,
PERFORMANCE OR USE OF ANY GOODS OR SERVICE SOLD PURSUANT HERETO,
WHETHER DUE TO A BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE
, OR OTHERWISE. NEITHER YOU NOR POPNOGGINS SHALL HAVE ANY LIABILITY
TO THE OTHER FOR INDIRECT OR PUNITIVE DAMAGES, OR FOR ANY CLAIM
BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN.
Taxes and Fees:
Prices do not include any sales, local or other similar taxes
or fees. Where applicable, with the exception of California recycling
fees, taxes and fees will be shown on and added to your invoice.
All such taxes shall be paid by you, or in lieu thereof, you must
provide Popnoggins with an appropriate tax exemption certificate.
In the case of California recycling fees, prices include such
fees where Popnoggins is required to collect such a fee unless
specifically indicated on your invoice.
Resale:
You certify and agree that you are purchasing Product(s) for your
own internal use only, and not for resale. You shall not remove
components from Product for resale.
Title:
Title to Product(s) other than software or content passes from
Popnoggins to you upon shipment from Popnoggins facility. Title
to software and content shall remain with the applicable licensor(s).
Governing Law/Waiver of Jury Trial:
This Agreement and all purchases hereunder shall be governed by
and construed under the law of the state of Florida, without regard
to conflicts of laws rules. You agree that the courts of Florida
shall have exclusive jurisdiction over the parties for all disputes.
Venue shall lie exclusively and only in either (i) Orange County,
State of California. THE PARTIES HEREBY WAIVE TRIAL BY JURY WITH
RESPECT TO ANY DISPUTE RELATING TO THIS AGREEMENT OR YOUR ORDER.
Headings:
The section headings used herein are for convenience or reference
only and do not form a part of these terms and conditions, and
no construction or inference shall be derived therefrom.
Critical Components:
The Products are not authorized for use as critical components
in life support systems or situations where failure to perform
can reasonably be expected to cause significant injury to users
or others.
Force Majeure:
Popnoggins shall not be liable for any delay or failure in performance
caused by or resulting from acts of God, fire, flood, accident,
riot, war, government intervention, embargoes, strikes, labor
difficulties, equipment failures, or any other causes beyond the
control of Popnoggins. Quantities are subject to availability.
In the event of shortage, Popnoggins may allocate sales and deliveries
in its sole discretion.
Waiver/Invalidity:
Failure of Popnoggins to insist upon strict performance of any
provisions hereof shall not be deemed a waiver of its right and
remedies. If any provision of this Agreement is deemed by a court
to be unenforceable, the remainder shall stay in effect.
Entire Agreement:
These terms and conditions constitute the entire and exclusive
agreement between you and Popnoggins concerning the Products and
your purchase hereunder and supersedes any and all statements
or other agreements, whether oral or written, between you and
Popnoggins.
Trademark:
The trademark "POPNOGGINS" and any other product names,
service names or logos of POPNOGGINS used, quoted and/or referenced
in this Web Site are trademarks or registered trademarks of Popnoggins
or any of its affiliates. Other product names and/or company names
used in the Web Site may be protected as their trademarks and/or
trade names.
Popnoggins™2007
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