Last Update: February 26, 2019
Welcome to poppyperfect.com
IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT OR YOU DO NOT MEET OR COMPLY WITH ITS PROVISIONS, DO NOT USE THE WEBSITE OR THE SERVICE.
1. Binding Agreement
This Agreement is an electronic contract that sets out the legally binding terms You must accept to use the Website and to become a "Member." For purposes of this Agreement, the term "Member" or "Membership" means a person who provides information to the Company on the Website to participate in the Service in any manner, whether such person uses the Service as a free Member or a subscriber. This Agreement may be modified by Intelekit in its sole discretion at any time, and any such modifications will be posted on the Website. Your continued use of the Website or the Services after the posting of modifications to this Agreement will constitute Your acceptance of such revisions.
You must be at least eighteen years old to register as a Member or use the Website. By using the Website, You represent and warrant that You have the right, authority, and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. If You become a Member, You represent and warrant that You have never been convicted of a felony and that You are not required to register as a sex offender or with any reciprocal designation with any government entity. You will only use the Service in a manner consistent with this Agreement and any and all applicable local, state, national and international laws and regulations, including, but not limited to, United States export control laws. By using the Service, You represent that You have not been designated by the United States government as a "Specially Designated National" or other person to whom the provisions of the Service are prohibited. Registration for, and use of, the Service are void where prohibited. You are responsible for determining whether the use of the Service is legal in Your jurisdiction.
3. Term and Termination
This Agreement will remain in full force and effect while You use the Website and/or are a Member.
You may terminate Your Membership at any time, for any reason by following the instructions on the Disable/Deactivate or Delete Account section in Account Settings, or upon receipt by Intelekit of Your written or email notice of termination.
Intelekit may terminate Your Membership for any reason, with or without notice. Upon such termination or suspension, you will not be entitled to any refund of unused subscription fees and or Credits and, if applicable, all unpaid subscription amounts and other fees you owe will immediately be due. The Company is not required to disclose, and may be prohibited by law from disclosing, the reason for the termination or suspension of your account.
After your membership or subscription is terminated for any reason, all terms of this Agreement survive such termination, and continue in full force and effect, except for any terms that by their nature expire or are fully satisfied.
4. Account Security
Your Membership account is for Your personal use only. You are responsible for maintaining the confidentiality of the username and password You designate during the registration process, and You are solely responsible for all activities that occur under Your username and password, including distribution of Your personal information to other users. You acknowledge that Intelekit is not responsible for third-party access to Your account information or personal information that results from voluntary distribution or theft or misappropriation of Your username or password or personal information.
5. Your Interactions with Other Members
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER MEMBERS. YOU UNDERSTAND THAT INTELEKIT CURRENTLY DOES NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON ITS MEMBERS. INTELEKIT ALSO DOES NOT INQUIRE INTO THE BACKGROUNDS OF ALL OF ITS MEMBERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS MEMBERS. INTELEKIT MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF MEMBERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE MEMBERS. INTELEKIT RESERVES THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
Intelekit is not responsible for the conduct of any Member. As noted in and without limiting Sections 14 and 15 below, in no event shall Intelekit, its affiliates or its partners be liable (directly or indirectly) for any losses or damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the conduct of you or anyone else in connection with the use of the Website or Service including, without limitation, death, bodily injury, emotional distress, and/or any other damages resulting from communications or meetings with other Members or persons you meet through the Service. You agree to take all necessary precautions in all interactions with other Members, particularly if you decide to communicate off the Website or meet in person, or if you decide to send money to another Member. You understand that the Company makes no guarantees, either express or implied, regarding your ultimate compatibility with individuals you meet through the Service. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money, to other Members.
6. Proprietary Rights
Intelekit owns and retains all proprietary rights in the Website and the Service, and in all content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Website contains the copyrighted material, trademarks, and other proprietary information of Intelekit and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Website or through the Service, without first obtaining the prior written consent of Intelekit or, if such property is not owned by Intelekit, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices.
7. Content Posted by You on the Website
You are solely responsible for the content and information that you post, upload, publish, link to, transmit, record, display or otherwise make available (hereinafter, "post") on the Service or transmit to other Members, including emails, videos (including streaming videos), photographs, voice notes, recordings or profile text, whether publicly posted or privately transmitted (collectively, "Content"). You may not post on the Website or as part of the Service, or transmit to Intelekit or any other Member (either on or off the Website), any offensive, inaccurate, abusive, obscene, profane, sexually oriented, threatening, intimidating, harassing, rude, vulgar, derogatory, sexist, defamatory, insulting, racially offensive, or illegal material, or any material that infringes or violates another person's rights (including intellectual property rights, and rights of privacy and publicity). You represent and warrant that all information that you submit upon registration is accurate and truthful and that you will promptly update any information provided by you that subsequently becomes inaccurate, misleading or false.
You understand and agree that Intelekit may, but is not obligated to, monitor or review any Content you post on the Website or as part of a Service. Intelekit may delete any Content, in whole or in part, that in the sole judgment of Intelekit violates this Agreement or may harm the reputation of the Website or Intelekit. Intelekit may restrict the number of emails which a Member may send to other Members in any 24-hour period to a number which we deem appropriate in our sole discretion.
By posting Content on the Website or as part of the Service, you automatically grant to Intelekit, its affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid-up, worldwide right and license to (i) use, copy, store, perform, display, reproduce, record, play, adapt, modify and distribute the Content, (ii) prepare derivative works of the Content or incorporate the Content into other works, and (iii) grant and authorize sublicenses of the foregoing in any media now known or hereafter created. You represent and warrant that any posting and use of your Content by Intelekit will not infringe or violate the rights of any third party.
In addition to the types of Content described in Section 7(a) above, the following is a partial list of the kind of Content that is prohibited on the Website or as part of the Service. You may not post, upload, display or otherwise make available Content (either on or off the Website) that:
- constitutes or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
- constitutes or advocates for harassment or intimidation of another person;
- requests money from, or is intended to otherwise defraud, other users of the Website or Service;
- involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "spimming", "phishing", "trolling" or similar activities);
- promotes information that is false or misleading, or promotes illegal activities or conduct that is defamatory, libelous or otherwise objectionable;
- promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated images, audio or video, or links to pirated images, audio or video files;
- contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
- contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
- provides material that exploits people in a sexual, violent or other illegal manner, or solicits personal information from anyone under the age of 18;
- provides instructional information about illegal activities such as making or buying illegal weapons or drugs, violating someone's privacy, or providing, disseminating or creating computer viruses;
- contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
- impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;
- provides information or data you do not have a right to make available under law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information);
- disrupts the normal flow of dialogue, causes a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users' ability to engage in real time exchanges;
- solicits passwords or personal identifying information for commercial or unlawful purposes from other users or disseminates another person's personal information without his or her permission; and
- publicizes or promotes commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes.
Intelekit reserves the right, in its sole discretion, to investigate and take appropriate legal action against anyone who violates this provision, including removing the offending communication from the Website or Service and terminating or suspending the membership of such violators.
Your use of the Website and Service, including all Content you post through the Service, must comply with all applicable laws and regulations. You agree that Intelekit may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary, such as to:
- comply with legal process;
- enforce this Agreement;
- respond to claims that any Content violates the rights of third parties;
- respond to your requests for customer service or allow you to use the Website in the future; or
- protect the rights, property or personal safety of Intelekit or any other person.
8. Prohibited Activities
Intelekit reserves the right to investigate and/or TERMINATE your membership if you have misused the Service or behaved in a way Intelekit regards as inappropriate or unlawful, including actions or communications that occur off the Website. The following, in addition to the actions prohibited in Section 7(d) above, is a partial list of the type of actions that you may not engage in with respect to the Service. You will not:
impersonate any person or entity, or misrepresent facts about any person or entity.
solicit money, goods, or other property from any Members.
post any Content or act in any manner that is prohibited by Section 7.
"stalk", abuse, use profanity, send sexually oriented communication, threaten, intimidate, act in a rude, vulgar, sexist, or derogatory manner, defame, insult, make racially offensive statements, publish illegal material, or otherwise harass any person.
express or imply that any statements you make are endorsed by Intelekit without our specific prior written consent.
ask or use Members to conceal the identity, source, or destination of any illegally gained money or products.
use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, "data mine", or in any way reproduce or circumvent the navigational structure or presentation of the Website, Service or its contents.
collect usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website.
interfere with or disrupt the Service or the Website or the servers or networks connected to the Service or the Website.
email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted to or through the Website or Service (either directly or indirectly through use of third party software).
"frame" or "mirror" any part of the Service or the Website, without Intelekit 's prior written authorization.
use meta tags or code or other devices containing any reference to Intelekit, the Website or the Service (or any trademark, trade name, service mark, logo or slogan of Intelekit) to direct any person to any other website for any purpose.
modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile or otherwise disassemble any portion of the Service or the Website or any software used on or for the Service or the Website, or cause others to do so.
post, use, transmit or distribute, directly or indirectly, (e.g. screen scrape) in any manner or media any content or information obtained from the Website or the Service other than solely in connection with your use of the Service in accordance with this Agreement.
9. Customer Service
Intelekit provides assistance and guidance through its customer care representatives. When communicating with our customer care representatives (whether over the telephone, or via email or letter), you agree to not be abusive, obscene, profane, offensive, sexist, threatening, harassing, racially offensive, or to not otherwise behave inappropriately. Telephone calls between you and our customer care representatives may be recorded for quality assurance purposes, and by calling or communicating with our representatives you agree that your call may be recorded. If we feel that your behavior towards any of our customer care representatives or other employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and you will not be entitled to any refund of unused subscription fees.
10. Payments, Billing and Subscription
You must provide current, complete, and accurate information for Your Billing Account. You must promptly update all information to keep Your Billing Account current, complete, and accurate (such as a change in billing address, card number, or expiration date), and You must promptly notify "Poppy Perfect" if Your payment method is canceled (including if You lose Your card or it is stolen), or if You become aware of a potential breach of security (such as an unauthorized disclosure or use of Your username or password). Changes to such information can be made at "Account Settings" on the Website. If You fail to provide us any of the foregoing information, You agree that You are responsible for fees accrued under Your Billing Account. In addition, You authorize us to obtain updated or replacement expiration dates and card numbers for Your credit or debit card as provided by Your credit or debit card issuer.
You agree that all payments made on the Website are final, and You will not challenge or dispute the charge with Your bank. You further agree that should You have any issues relating to Your payment (such as duplicate billing), You will open a support ticket through the Website to resolve the issue. Should a dispute be initiated with Your bank, You agree that You will be held responsible for any outstanding balance owed to us plus any dispute case fees charged by our bank, which may be as much as US$60. You agree that You will pay any outstanding balance You have with "Poppy Perfect" within 30 days from the date of notification. Any outstanding balance left unpaid after 30 days may be submitted to a collections agency, and You agree that a collections fee of up to 50% of the outstanding balance or $100 (whichever is higher) will be added to the amount that You owe.
You may use the one time purchase option to buy a credit package. The purchased credits will be added to your total available credits. Credits purchased using the one time purchase option will not be renewed automatically and you will be prompted to buy more credits when your available credits falls below insufficient credits required to Unlock Profile upon unlock confirmation from you.
You may also use the recurring purchase option to buy a credit package. "Poppy Perfect" will automatically purchase and add the selected credit package when your available credits fall below insufficient credits required to Unlock Profile upon unlock confirmation from you. You are notified about the recurring purchase each time it occurs, via an automatic email notification and You can deactivate the feature under your Account Settings. If a transaction is declined by the bank, the recurring purchase feature will be automatically deactivated. After the member makes a successful purchase, the recurring purchase feature will be activated again.
"Poppy Perfect" or INTELEKIT MAINTAINS A STRICT NO-REFUND POLICY. ALL PURCHASES MADE ON THE WEBSITE ARE FINAL. IF YOU CHOOSE TO PURCHASE A SUBSCRIPTION PACKAGE ON THE WEBSITE, YOU AGREE THAT ABSOLUTELY NO REFUNDS, EITHER FULL OR PARTIAL, WILL BE ISSUED FOR ANY REASON OR FOR ANY UNUSED OR REMAINING SUBSCRIPTION OR CREDITS.
When You deactivate Your "Poppy Perfect" account or if Your account is suspended for violating this Agreement or other policies, You agree that any remaining or unused subscription and credits will be forfeited and no refunds will be issued for any remaining or unused Membership subscription and credits. Further, if Your deactivated "Poppy Perfect" account is reinstated at a later date, You agree that any remaining or unused Membership subscription and credits You have remaining at the time of Your account deactivation will not be reinstated with Your account.
Credits or a subscription purchased for a specific "Poppy Perfect" account is strictly non-transferable. You agree that any remaining or unused Membership subscription associated with an active or deactivated "Poppy Perfect" account will not be transferred to any other account belonging to You or someone else.
Intelekit reserves the right to offer free Membership to any person(s) of its choice at any given time, for any duration, while charging other Members, at the same time. Intelekit also reserves the right to cancel the free trial period at any time, for all or any of its Members. A Member profile (both subscribers and a free Membership) may remain posted on the Website even if that Member is not actively using the Service. You acknowledge that although a Member's profile may be viewed, You may not (even as a subscriber) be able to use the Service to communicate with that Member if he or she is not then actively using the Service.
11. User Information
- comply with the law, requests or orders from law enforcement, or any compulsory legal process
- protect or defend "Poppy Perfect", or a third party's, rights or property; or
- protect someone's health or safety, such as when harm or violence against any person (including the user) is threatened.
The Website may contain, and the Service may provide, links to sites that are not maintained by "Poppy Perfect". While we try to include links only to those sites which are in good taste and safe for our users, we are not responsible for the content or accuracy of those sites and cannot guarantee that sites will not change without our knowledge. The inclusion of a link in the Website does not imply our endorsement of the linked site. If You decide to access linked third-party websites, You do so at Your own risk. Your correspondence or business dealings with, or participation in promotions of, third parties found on or through the Website or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between You and such third party. You further acknowledge and agree that Intelekit/"Poppy Perfect" shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such linked website or resource.
Intelekit is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the Service, whether caused by users of the Website, Members, or by any of the equipment or programming associated with or utilized in the Service.
Intelekit is not responsible for the conduct of any kind, whether online or offline, of any User of the Website or Member of the Service.
Intelekit is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User or Member communications.
Intelekit is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any website or combination thereof, including injury or damage to users and/or Members or to any other person's computer related to or resulting from participating or downloading materials in connection with the Website and/or in connection with the Service.
Under no circumstances will Intelekit be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of the Website or the Service, any Content posted on the Website or transmitted to Members, or any interaction or contact between users of the Website, whether online or offline.
THIS SITE IS FOR ENTERTAINMENT AND INFORMATIONAL PURPOSES ONLY. TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, INTELEKIT PROVIDES THE WEBSITE AND SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE OR THE WEBSITE (INCLUDING ALL CONTENT CONTAINED THEREIN) INCLUDING (WITHOUT LIMITATION) ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTATIONS OF PRIVACY, OR NON-INFRINGEMENT. INTELEKIT DOES NOT WARRANT THAT THE WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, SECURE, OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE OR WEBSITE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OR CORRUPTION OF DATA THAT RESULTS OR MAY RESULT FROM THE DOWNLOAD OF ANY SUCH MATERIAL. IF YOU DO NOT ACCEPT THIS LIMITATION OF LIABILITY, YOU ARE NOT AUTHORIZED TO DOWNLOAD OR OBTAIN ANY MATERIAL THROUGH THE SERVICE OR WEBSITE.
From time to time, Intelekit may make third-party opinions, advice, statements, offers, or other third-party information or content available on the Website and/or through the Service. All third-party content is the responsibility of the respective authors thereof and should not necessarily be relied upon. Such third-party authors are solely responsible for such content. INTELEKIT DOES NOT: (I) GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY THIRD-PARTY CONTENT ON THE WEBSITE OR PROVIDED THROUGH THE SERVICE, OR (II) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY THAT APPEARS ON THE WEBSITE OR SERVICE. UNDER NO CIRCUMSTANCES WILL INTELEKIT OR ITS AFFILIATES OR SUBSIDIARIES BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE RESULTING FROM YOUR RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE WEBSITE OR SERVICE OR TRANSMITTED TO OR BY ANY MEMBERS.
Intelekit cannot guarantee and does not promise any specific results from use of the Website and/or the Service.
This Website is only a venue-it acts as a venue for individuals to post personal and contact information for purposes of dating. Intelekit is not required to screen or censor information posted on the Website, including but not limited to, the identity of any user and any user content. We are not involved in any actual communication between Members. As a result, we have no control over the quality, safety, or legality of the information or profiles posted, or the truth or accuracy of such information. You agree You are solely responsible for Your interactions with other Members and that Intelekit isn't liable in any way for Member communications. Intelekit reserves the right, but has no obligation, to monitor disputes between You and other Members. This includes, but is not limited to, conversations via regular email, dates, relationships, phone calls, meetings, he said/she said accusations or any other correspondence or interaction that occurs outside of the scope of the Website. The Website and Service is a tool for providing the initial contact between Members, anything beyond that is not in our control and is done so at the Members' own risk. Members must use common sense about what information they reveal to others via email or any other means of communication. It is Your responsibility to ensure your safety and to investigate Members and verify they are legitimate relationship seekers. There are many different frauds, schemes, and deceptions on the Internet, and we strongly caution You to be skeptical of any Member until You learn more about them and verify their background.
In addition to the preceding information under this Agreement, any advice or thoughts that may be posted on the Website or through the services provided for under this Agreement are for informational and entertainment purposes only and are not intended to replace or substitute any professional, financial, medical, legal, or other advice. The Company makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If You have specific concerns or a situation arises in which You require professional or medical advice, You should consult with an appropriately trained and qualified specialist and seek immediate attention of the proper professional.
our specifically acknowledge and agree that Intelekit is not liable for Your defamatory, offensive, infringing or illegal materials or conduct or that of third parties, and we reserve the right to remove such materials from the Website without liability or notice to You.
14. Limitation on Liability
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT WILL INTELEKIT, ITS AFFILIATES, BUSINESS PARTNERS, LICENSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, RELIANCE, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, INTELEKIT'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO INTELEKIT FOR THE SERVICE DURING THE TERM OF MEMBERSHIP. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF THE WEBSITE OR SERVICE OR THE TERMS OF THIS AGREEMENT MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15. Arbitration and Governing Law
The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof), the Service, or the Website shall be BINDING ARBITRATION administered by the American Arbitration Association under the Consumer Arbitration Rules. The one exception to the exclusivity of arbitration is that you have the right to bring an individual claim against Intelekit in a small-claims court of competent jurisdiction. But whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against Intelekit any class action, class arbitration, or other representative action or proceeding.
By using the Website or the Service in any manner, you agree to the above arbitration agreement. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against Intelekit (except for small-claims court actions) may be commenced only in the federal or state courts located in Linn County, Iowa. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
This Agreement, and any dispute between you and the Company, shall be governed by the laws of the state of Iowa without regard to principles of conflicts of law, provided that this arbitration agreement shall be governed by the Federal Arbitration Act.
16. Indemnity by You
You agree to indemnify and hold Intelekit, its subsidiaries, and affiliates, and its and their officers, agents, partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of your breach of or failure to comply with this Agreement (including any breach of your representations and warranties contained herein), any postings or Content you post on the Website or as a result of the Service, and the violation of any law or regulation by you. Intelekit reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Intelekit in connection therewith.
Intelekit may provide you with notices, including those regarding changes to this Agreement, using any reasonable means now known or hereafter developed, including by email, regular mail, SMS, MMS, text message or postings on the Website. Such notices may not be received if you violate this Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
18. Entire Agreement; Other
19. Confidentiality and Non-Disparagement
During the Term and thereafter, Intelekit and You may be given access to Confidential Information from the other party in order to perform its obligations under this agreement. Each party shall hold the other's Confidential Information in confidence and, unless required by law, not make the other's Confidential Information available to any third party, or use the other's Confidential Information for any purpose other than the implementation of this agreement. Each party agrees to take no action, written, oral or otherwise which is intended, or would reasonably be expected, to harm or disparage Intelekit or its reputation or which would reasonable be expected to lead to unwanted or unfavorable publicity to Intelekit or "Poppy Perfect". Intelekit shall be entitled to an injunction to prevent or remove any such disparaging actions, in addition to any other damages and fees at the cost of the offending party.
20. Force Majeure
Neither party will be liable to the other party for its inability or failure to perform, or delay in performing, any obligations under this Agreement caused by a Force Majeure Event. The party affected by the Force Majeure Event will notify the other party once its performance of its obligations under this Agreement is no longer prevented due to the Force Majeure Event.
This Agreement is subject to change by Intelekit at any time. If you are a non-subscribing Member at the time of any change, the revised terms will be effective upon posting on the Website and your use of the Service after such posting will constitute acceptance by you of the revised Agreement. If you are a subscribing Member at the time of any change, the then-existing Agreement will continue to govern your membership until such time that you renew your subscription as contemplated by Section 10. If you continue your subscription, your renewal will constitute acceptance by you of the revised Agreement. Alternatively, if you terminate your subscription at such time, your use of the Service after your termination will constitute acceptance by you of the Agreement.
22. Special State Terms
The following provisions are added to this Agreement for subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio and Wisconsin:
You, the buyer, may cancel this agreement, without penalty or obligation, at any time prior to midnight of the third business day following the original date of this contract, excluding Sundays and holidays. To cancel this agreement, mail or deliver a signed and dated notice which states that you, the buyer, are canceling this agreement, or words of similar effect. This notice shall be sent to: Poppyperfect.com, Attn: Cancellations, 1231 Park Place NE #Apple, Cedar Rapids, Iowa 52402, USA (in addition, California and Ohio users may email us by clicking here or send a facsimile to 912-544-1213). Please include your poppyperfect.com username/email address in any correspondence or your refund may be delayed. If you cancel, Poppyperfect.com will return, within ten days of the date on which you give notice of cancellation, any payments you have made. If you send or deliver the notice to cancel your subscription agreement within such three day period, we will refund the full amount of your subscription.
In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use the services of Poppyperfect.com) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice at the same address as listed above.