Terms & Conditions

INTRODUCTION

This Agreement contains the complete terms and conditions that apply to you in joining, buying, bidding, selling and all other activities you will make on our website. By using or shopping from this website, you agree to be bound by its terms of use and shall comply thereof. This Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content and computer programs provided by or through the Site, and the subject matter of this Agreement. Amendments to this Agreement can be made and effected by us from time to time without specific notice to you. The Agreement posted on the Site reflects the latest agreement, and you should carefully review the same before you use our Site.

USE OF THE SITE AND PROHIBITIONS

This website, https://popularpatch.com, and the mobile application (the "Site") is hosted by Popular Patch LLC dba Popular Patch. We welcome all users to the Site. All users, including those who are less than 18 years of age ("Minors"), should read our Privacy Policy. Our privacy policy explains our practices regarding the collection, use, and disclosure of personal information. 

Acceptable Use of the Site and Services

By using the Site you are expressly consenting to the Terms of Use, you agree to be bound by all the terms and conditions contained in these Terms of Use, including the Dispute Resolution and Arbitration Agreement. Please read these Terms of Use carefully. When you use any current or future version of the Site or any other Popular Patch LLC Site, you also will be subject to these Terms of Use. Please print a copy of these Terms of Use for your records. We may, from time to time, modify the Terms of Use. When we make changes, we will post the revised Terms of Use on the Site. Your use of the Site following any such modification constitutes your agreement to the modified Terms of Use. You should visit this page frequently to learn of any changes to these Terms of Use.

Acceptable Use of the Site and Services You are responsible for your use of the Site, and for any use of the Site made using your account. Our goal is to create a positive, useful, and safe user experience for individual and non-commercial users. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site, you may not:

• violate any law or regulation;
• violate, infringe, or misappropriate other people’s intellectual property, privacy, publicity, or other legal rights;
• post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
• send unsolicited or unauthorized advertising or commercial communications, such as spam;
• engage in spidering or harvesting, or participate in the use of software, including spyware, designed to collect data from the Site;
• transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• stalk, harass, or harm another individual;
• impersonate any person or entity or perform any other similar fraudulent activity, such as phishing; use any means to scrape or crawl any Web pages contained on the Site;
• attempt to circumvent any technological measure implemented by us or any of our providers or any other third party (including another user) to protect the Site;
• attempt to decipher, decompile, disassemble, or reverse engineer any of the software or other underlying code used to provide the Site;
• use of the Site by commercial resellers or bulk purchasers;
• or advocate, encourage, or assist any third party in doing any of the foregoing.

PAYMENTS AND PROCESSING OF INVOICES

Popular Patch LLC has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Popular Patch LLC prior to the latter’s acceptance of an order. Unless another credit term has been agreed upon, payment for the products shall be made by credit card, Paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoiced separately. Popular Patch LLC has all the discretion to cancel or deny orders. Popular Patch LLC is not responsible for pricing, typographical, or other errors in any offer by Popular Patch LLC and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Popular Patch LLC reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge.

REFUND POLICY

We do not have to provide a refund if you have changed your mind about a particular purchase, so please choose carefully. If the goods are faulty, we will always meet our obligations under the applicable laws. We do stand behind a 100% guarantee or your money back. If there is any quality or service related issue we are happy provide a full refund.

RISK OF LOSS

All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

PRODUCT PRICING AND DESCRIPTIONS

The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer’s estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mis-pricing in our catalogs in which the item’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.

We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.

EDITING, DELETING AND MODIFICATION

We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM BY VISITING AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.

ACKNOWLEDGMENT OF RIGHTS

You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.

FRAUD

FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Popular Patch LLC shall resort to all remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.

WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY

We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD 2,000 or the total price of the subject products paid or payable to you, whichever is less.

We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage) . In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an "as is" and "as available" basis. You understand and agree that your use of this site is at your own risk.

CONFIDENTIALITY

You agree not to disclose information you obtain from us and/or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Popular Patch LLC. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.

COPYRIGHT

Except for your User Content (defined below), all copyright rights in the text, images, photographs, graphics, user interface, music and other content provided on the Site, and the selection, coordination, and arrangement of such content, are owned by Popular Patch LLC or its third-party licensors to the full extent provided under the United States Copyright Act and all international copyright laws.

Under applicable copyright laws, you are prohibited from copying, reproducing, modifying, distributing, displaying, performing, or transmitting any of the contents of the Site for any purposes. Nothing stated or implied on the Site confers on you any license or right under any copyright of Popular Patch LLC or any third party.

The Site and the information contained on it are for your personal, non-commercial use only. Except as otherwise specifically permitted in these Terms of Use, you will not broadcast, duplicate, copy, reproduce, edit, manipulate, modify, publish, rent, sell, publicly display, perform, distribute, transmit, or circulate to anyone the contents of the Site, or use the contents of the Site in litigation, or for any commercial or promotional purposes, without the express written consent of Popular Patch LLC or its lawful successors and assigns.

NON-WAIVER

Failure of the Popular Patch LLC to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.

No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.

MISCELLANEOUS

This Agreement shall be governed by and construed in accordance with the substantive laws of Idaho, without any reference to conflict-of-laws principles.

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Idaho, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.

In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.

Popular Patch DMCA Notice & Takedown Procedure

Popular Patch LLC abides by the federal Digital Millennium Copyright Act (DMCA) by responding to notices of alleged infringement that comply with the DMCA and other applicable laws. As part of our response, we may remove or disable access to material residing on a site that is controlled or operated by Popular Patch LLC (such as https://popularpatch.com) that is claimed to be infringing, in which case we will make a good-faith attempt to contact the person who submitted the affected material so that they may make a counter notification, also in accordance with the DMCA.

Popular Patch LLC does not control content hosted on third party websites, and cannot remove content from sites it does not own or control. If you are the copyright owner of content hosted on a third party site, and you have not authorized the use of your content, please contact the administrator of that website directly to have the content removed.

Before serving a Notice of Infringing Material, you may wish to contact a lawyer to better understand your rights and obligations under the DMCA and other applicable laws. The following notice requirements are intended to comply with Popular Patch LLC’s rights and obligations under the DMCA and, in particular, section 512(c), and do not constitute legal advice.

Notice of Infringing Material

To file a notice of infringing material on a site owned or controlled by Popular Patch LLC (such as https://popularpatch.com), please provide a notification containing the following details:

1. Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL) ;
2. Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material) ;
3. Your contact information so that we can contact you (for example, your address, telephone number, email address) ;
4. A statement that you have a good faith belief that the use of the material identified in (2) is not authorized by the copyright owner, its agent, or the law;
5. A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is alleged to be infringed.
6. Your physical or electronic signature.

Then send this notice to:

By Mail:

Popular Patch LLC
Attn: DMCA Notice
9030 N Hess St # 111
Hayden ID 83835-9827
US

By Email:

Email: dmca@popularpatch.com

This DMCA Notice & Takedown Procedure was drafted using materials made available by Creative Commons. The text of this DMCA Notice & Takedown Procedure (and no other material on this website) is covered by the Creative Commons Attribution 3.0 License.

Trademarks

Popular Patch™ is a registered trademark of Popular Patch LLC. All rights in such names are reserved.

The product names, company names, trade names, graphics, logos, page headers, button icons, scripts, product packaging, emblems, and designs of all Popular Patch's or third-party products or services are the exclusive property of Popular Patch LLC or their respective owners. These trademarks are protected under national and international trademark and copyright laws and are safeguarded from reproduction, imitation, dilution, or confusing or misleading uses, whether or not they appear in large print or with the trademark symbol. Except as permitted herein, the use or misuse of these trademarks or any materials is expressly prohibited. Nothing stated or implied on the Site confers on you any license or right under any trademark of Popular Patch LLC or any third party.