Terms & Conditions

Agreement between the Merchant and the PowNow Application. The PowNow application ("PowNow") is comprised of various web pages operated by Popps LLC ("Popps"). PowNow is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the PowNow application constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference. The PowNow application provides users with a means of receiving exclusive flash prizes or deals.

Privacy: Your use of PowNow is subject to PowNow's Privacy Policy. Please review our Privacy Policy, which also governs the app and informs users of our data collection practices.

Electronic Communications: Using PowNow or sending emails to PowNow constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the app, satisfy any legal requirement that such communications be in writing.

Your account: If you use this application, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that PowNow is not responsible for third party access to your account that results from theft or misappropriation of your account. PowNow and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.

PowNow does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use PowNow only with permission of a parent or guardian.

PowNow may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of PowNow and PowNow is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. PowNow is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by PowNow of the site or any association with its operators.

Certain services made available via PowNow are delivered by third party sites and organizations. By using any product, service or functionality originating from the PowNow domain, you hereby acknowledge and consent that PowNow may share such information and data with any third party with whom PowNow has a contractual relationship to provide the requested product, service or functionality on behalf of PowNow users and customers.

No unlawful or prohibited use/Intellectual Property: You are granted a non-exclusive, non-transferable, revocable license to access and use PowNow strictly in accordance with these terms of use. As a condition of your use of the app, you warrant to PowNow that you will not use the app for any purpose that is unlawful or prohibited by these Terms. You may not use the app in any manner which could damage, disable, overburden, or impair the app or interfere with any other party's use and enjoyment of the app. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the app.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the app, is the property of PowNow or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the app. PowNow content is not for resale. Your use of the app does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of PowNow and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of PowNow or our licensors except as expressly authorized by these Terms.

Third Party Accounts: You will be able to connect your PowNow account to third party accounts. By connecting your PowNow account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users: The Service is controlled, operated and administered by PowNow from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the PowNow Content accessed through PowNowin any country or in any manner prohibited by any applicable laws, restrictions or regulations.

Indemnification: You agree to indemnify, defend and hold harmless PowNow, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the app or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. PowNow reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with PowNow in asserting any available defenses.

Liability disclaimer: THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. POPPS LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE APP AT ANY TIME. POPPS LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE APP FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. POPPS LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL POPPS LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE APP, WITH THE DELAY OR INABILITY TO USE THE APP OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE APP, OR OTHERWISE ARISING OUT OF THE USE OF THE APP, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF POPPS LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE APP, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE APP.

Termination/access restriction: PowNow reserves the right, in its sole discretion, to terminate your access to the app and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of the app. Use of the app is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and PowNow as a result of this agreement or use of the app. PowNow's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of PowNow's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the app or information provided to or gathered by PowNow with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and PowNow with respect to the app and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and PowNow with respect to the app. 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 an d subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms: PowNow reserves the right, in its sole discretion, to change the Terms under which PowNow is offered. The most current version of the Terms will supersede all previous versions. PowNow encourages you to periodically review the Terms to stay informed of our updates.

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