OVERVIEW OF TERMS
All references to “you” or “your,” as applicable, mean the person who accesses, uses, and/or participates in the Platform in any manner, and each of your heirs, assigns, and successors. If you use the Platform on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind that entity to these Terms, your acceptance of the Terms will be deemed an acceptance by that entity, and “you” and “your” herein shall refer to that entity.
Pose Button Inc. WEBSITE
The website and companion browser exctension allows consumers to search for different products and connect them with the business/retailers of such products including applicable coupon and discount codes and also serves as an advertising platform for business/retailers.
Pose Button Inc is not a retail store. Pose Button Inc. is not liable or responsible for Retailer/Business’ compliance with applicable federal, state, or local laws, rules, regulations or standards pertaining to their businesses. In addition, Pose Button Inc. does not guarantee the quality of the products you buy from the business or retailers you connect with through the platform, we do not independently verify, and is not liable for, representations made by business/retailers regarding their products on the Platform.
Pose Button Inc. is not the retailer of any products offered by Business.
MODIFICATION OF TERMS
Additional Terms and Conditions May Apply
The disclaimers, terms, and conditions on these pages are of general application and may be supplemented by additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application disclosed by Pose Button, including on any particular page of this Site or through the Services, or a registration process or other means. In the event of a conflict between these Terms and Conditions and any additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of the specific application, the additional policies, procedures, disclaimers, guidelines, rules, terms or conditions of specific application shall control.
Termination of Services for Non-compliance
If you do not comply with the Terms and Conditions at any time, we reserve the right to terminate, limit, or otherwise alter your access to the Site or the Services.
We May Discontinue or Alter Any Aspect of the Site or the Services.
We may discontinue or alter any aspect of the Site or the Services, including, but not limited to, (i) restricting the time the Site or the Services are available, (ii) restricting the amount of use permitted, and (iii) restricting or terminating your right to use the Site or the Services, at our sole discretion and without prior notice or liability.
AUTHORIZED USERS/ REGISTRATION
You hereby confirm to Pose Button that: (a) you have reached the age of 13, (ii) are an emancipated minor under the laws of your jurisdiction of domicile or residence, (iii) have the consent of your parent or legal guardian, or (iv) otherwise have the power and authority to enter into and perform your obligations under these Terms and Conditions.
Users between the ages of 13 and 21 must (i) review these Terms and Conditions with a parent or legal guardian to ensure the parent or legal guardian acknowledge and agree to these Terms and Conditions, and (ii) not access the Site if his or her parent or legal guardian doesn’t agree to these Terms and Conditions.
For certain aspects of the Site, you may be asked to register an account. In the event you agree to register an account, you will select or receive a username and password upon providing registration information and completing the registration process.
You are solely responsible for maintaining the confidentiality of your account, username, and password and for all activities and liabilities associated with or occurring under your account, username, and password. You must notify us immediately of any unauthorized use of your account, username or password and any other breach of security, and (b) ensure that you exit from your account(s) at the end of each session. We cannot and will not be responsible for any loss or damage arising from your failure to comply with this requirement or as a result of the use of your account, username, or password, either with or without your knowledge. However, you could be held liable for losses incurred by us or another party due to someone else using your account, username, or password.
You may not transfer your account, username, or password to another person, and you may not use anyone else's account, username or password at any time without the permission of the account holder. In cases where you have authorized or registered another individual, including a minor, to use your account, you are fully responsible for (i) the online conduct of such user; (ii) controlling the user's access to and use of the Services; and (iii) the consequences of any misuse.
In consideration of your use of the Site, you agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form and to maintain and promptly update such information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we believe that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your account(s) and refuse all current or future use of the website, or any portion thereof.
ORDERS AND PAYMENTS
Placing orders on the website: To purchase an item on the website, you must provide certain personal information, including your shipping and billing information. Once you have provided all the necessary information, the order details, including the order number, will be made available to you. We reserve the right to cancel your order at any time if your payment obligation has not been met or you violate any provision under these Conditions.
By placing an order for any item via the website, you hereby agree to these Conditions and any other additional terms and conditions attached to that item.
Pricing: The items on the website are available in the US Dollars (USD) and are exclusive of the relevant Value Added Tax (VAT), shipping duties, and shipping fees. If you are to pay for shipping, it will be added to the price of the item upon checkout. The total fees for your order shall be listed in your order details, which includes VAT, shipping fees (if applicable), and shipping duties. However, this does not include the relevant payment method charges.
RETURN AND REFUNDS
If the item(s) in your order is damaged in transit or does not match the items you placed an order for, you may return the item(s) to the retailer/business within 7 days after delivery and the Retailer/Business will either issue a refund or replace the item(s) within 10 days with the terms and conditions below:
You must check any item(s) delivered at the presence of the delivery agent. If any damage or issue is noticed, you must sign for it or outrightly refuse the delivery. You must inform the Retailer/Business of any issue with the order within 24 hours.
If an item is subject to a replacement, a similar item will be replaced with it. Under no circumstances will an item be replaced with a different item.
Certain products advertised on the website cannot be return or refund depending on the Retailer/Business conditions.
FEES AND BILLING TERMS
Pose Button may charge a subscription fee to use the website services. You are responsible to Pose Button for any fees applicable to services you choose. You authorize Pose Button (or its partners), or its designated payment processor, to charge your specified credit card, debit card or other payment method for such fees as provided through the registration process.
Unless otherwise specified, all fees are in United States dollars, and all charges will be made in United States dollars.
Except as required by law, all fees are nonrefundable, including, without limitation. Payment may not be canceled by the user, except as required by law.
Promotional Offers. Pose Button Inc., in its sole discretion, may make promotional offers with different features and different rates to any consumer. These promotional offers are subject to these Terms and may be valid only for certain consumers as indicated in the offer. A consumer must have a valid Pose Button Inc. account with a valid form of accepted payment on file to take advantage of a promotional offer. You agree that promotional offers: (i) may only be used by the intended audience, for the intended purpose, and in a lawful manner; (ii) may not be duplicated, sold or transferred in any manner, or made available to the general public, unless expressly permitted by Pose Button Inc; (iii) are subject to the specific terms that Pose Button Inc. establishes for such promotional offer; (iv) cannot be redeemed for cash or cash equivalent; (v) may only be applied if all qualifying conditions are met; and (vi) are not valid for use after the date indicated in the offer.
Promotional offers are non-transferrable, may not be resold, and are not redeemable for cash, cash equivalent or other consideration. For promotional offers available only to new consumers or new Unlimited subscribers, as applicable, consumers will be disqualified and will not be entitled to receive the offer if Pose Button Inc. has a record of their name, email, phone number, devise, or credit card having been used for a prior Pose Button Inc. order or being linked to an existing active or inactive Pose Button Inc. account. Offers cannot be applied retroactively for prior purchases and cannot be combined unless otherwise indicated.
You agree we may change the terms and conditions of an offer, terminate an offer, or expire, withhold, deduct, limit, or modify an offer at any time for any reason. Pose Button Inc. reserves the right to withhold or deduct credits or benefits obtained through a promotion in the event that Pose Button Inc. determines or believes that the redemption of the promotion or receipt of the credit or benefit was in error, fraudulent, illegal, or in violation of the applicable promotion terms or these Terms. Pose Button Inc. reserves the right to modify or cancel an offer at any time. The offer-redeeming consumer is responsible for paying any applicable sales tax related to the use of an offer. Pose Button Inc. has no obligation for payment of any tax in conjunction with the distribution or use of any Offer.
Payment Authorization: You authorize Pose Button Inc. to charge all sums for orders that you make to the payment method designated in your account. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. When you place an order through Pose Button Inc., a temporary pre-authorization hold is placed on your designated payment method to verify that the card is valid and has funds available for your intended purchase.
Pose Button Inc. reserves the right to request additional information from you if we have reason to believe, in our sole discretion, that a payment method may be fraudulent.
8.1 Third-Party Providers
During use of the Platform, you may purchase goods and services from third-party Retailer/Business through the Platform. Any such activity, and any interactions, disputes, terms, conditions, warranties or representations associated with that activity, is solely between you and the applicable third-party Retailer/Business. Pose Button Inc. and its licensors shall have no liability, obligation or responsibility for any purchase or transaction between you and any third-party provider. In no event shall Pose Button Inc. or its licensors be responsible for any content, products, services or other materials on or available from third-party sites or third-party providers. Certain third-party providers of goods and/or services may require your agreement to additional or different terms and conditions prior to your use of or access to such goods or services, and Pose Button Inc. disclaims any and all responsibility or liability arising from such agreements between you and a third party.
8.2 Third-Party Advertising
The Platform may contain third-party advertising and marketing. By agreeing to these Terms, you agree to receive such advertising and marketing.
8.3 Link to Third-Party Websites
You may be able to link from the Site to third party web sites and third-party web sites may link to the Site ("Linked Sites"). You acknowledge and agree that we have no responsibility for the content, products, services, advertising, or other materials that may be provided by or through Linked Sites, even if they are owned or run by affiliates of ours. Links to Linked Sites do not constitute an endorsement or sponsorship by us of such websites or the information, content, products, services, advertising, code or other materials presented on or through such websites. Any reliance on the contents of a third-party web site is done at your own risk and you assume all responsibilities and consequences resulting from such reliance.
CONTENT POSTED BY USERS
When using Pose Button Inc. ’s website, you have the ability to post content (e.g., products, review, payment descriptions, business description, comments and/or photos). You are solely responsible for all content that you provide, post, upload or submit.
We are not responsible for evaluating the accuracy, truthfulness, usefulness, legality, safety, morality or applicability of any content posted by users on Pose Button Inc.. Pose Button Inc. does not endorse, guarantee, make representations or provide warranties regarding any such content.
Pose Button Inc. may, in its sole discretion, reject or remove any content that violates our content standards below or for any other reason we deem the content inappropriate. Pose Button Inc. shall have no obligation to monitor content posted, uploaded or submitted by a user, but may do so at its sole discretion. Pose Button Inc. is not responsible for any failure or delay in removing any such content.
You may not post or submit any content that violates our Acceptable Use Policy or any content that is:
false, misleading, deceiving, inaccurate or dishonest
defamatory or invasive of another person's right of privacy or right of publicity
harmful, obscene, harassing, abusive, offensive, objectionable, violent or condoning violence or harm, displaying nudity or sexual activity, or otherwise unfit for publication
inciting hatred of individuals or groups based on race or ethnic origin, religion, nationality, disability, gender, age, veteran status, or sexual orientation/gender identity; portraying or inciting animal cruelty or neglect
illegal, such a criminal activity, terrorism, obscenity, child pornography, human exploitation, gambling, drug use, firearms or ammunition, and piracy
infringing intellectual property or other proprietary rights of any party, or not authorized, such as content that you did not create or do not have the permission to use
creating a privacy or security risk to any person
spam, letters or pyramid schemes
in Pose Button Inc. ’s sole discretion, objectionable or exposes users to harm or liability.
User Content Review
You acknowledge and agree that Pose Button Inc. and its designees may or may not (but do not assume any obligation to), at Pose Button Inc.’ discretion, pre-screen User Content before its appearance on the Platform. You further acknowledge and agree that Pose Button Inc. reserves the right (but does not assume the obligation) in its sole discretion to reject, move, edit or remove any User Content that is contributed to the Platform. Additionally, Pose Button Inc. has the right to remove any User Content that violates these Terms or is otherwise objectionable in Pose Button Inc.’ sole discretion. You acknowledge and agree that Pose Button Inc. does not verify, adopt, ratify, or sanction User Content, and you agree that you must evaluate and bear all risks associated with your use of User Content or your reliance on the accuracy, completeness, or usefulness of User Content.
Ratings and Reviews
The Platform and other Interactive Areas may allow you to rate (“Ratings”) and Post reviews (“Reviews”) of Retailer/Business. Such Ratings and Reviews are considered User Content and are governed by these Terms, including, without limitation, your agreement regarding your use of the Platform. Ratings and Reviews are not endorsed by Pose Button Inc., and do not represent the views of Pose Button Inc. or of any affiliate or partner of Pose Button Inc.. Pose Button Inc. does not assume liability for Ratings and Reviews or for any claims, liabilities, or losses resulting from any Ratings and Reviews. We strive to maintain a high level of integrity with our Ratings and Reviews and other User Content. Therefore, all Ratings and Reviews must comply with the following criteria: (1) you must have had first-hand experience with the Retailer/Business within the 7-day period prior to your Posting a Rating or Review; (2) you may not have a proprietary or other affiliation with either the Retailer/Business or any of its competitors; (3) you may not draw any legal conclusions regarding the Retailer/Business’s products, services, or conduct; (4) you may not promote or criticize a Retailer/Business other than the one being rated or reviewed; (4) you may not include others’ personal information; and (5) your Rating or Review must otherwise comply with these Terms. Any Rating and/or Review that we determine, in our sole discretion, could diminish the integrity of the Ratings and Reviews, and/or the Platform may be removed or excluded by us without notice.
The following types of items are prohibited or restricted on Pose Button:
Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Animal Products and Human Remains
Dangerous Items: Hazardous Materials, Recalled Items, and Weapons
Hate Items: Items that Promote, Support, or Glorify Hatred
Illegal Items, Items Promoting Illegal Activity, and Highly Regulated Items
Internationally Regulated Items
Pornography and Mature Content
Violent Items: Items that Promote, Support, or Glorify Violence
Policy decisions are complex. We consider many different and often divergent factors before coming to a decision about what is best for our community. Because we are a creative community, we err on the side of freedom of expression. We also tend to allow items that have educational, historical or artistic value, but we know that even those items are subject to a variety of valid and sometimes conflicting interpretations and emotional responses.
Art and history can be provocative, emotional and divisive. There are some topics on which we may never reach a consensus as a community, and that is okay. In the words of Joyce Carol Oates, 'art should not be comforting; for comfort, we have mass entertainment and one another. Art should provoke, disturb, arouse our emotions, expand our sympathies in directions we may not anticipate and may not even wish.'
In order to help provide clarity and insight into our policy making process, we have included the rationale behind our decisions and details about how they will be enforced, including some representative examples below of what is allowed on Pose Button. We reserve the right to remove listings that we determine are not within the spirit of Pose Button. Violating this policy may result in the member's selling privileges being suspended and/or terminated.
1. Alcohol, Tobacco, Drugs, Drug Paraphernalia, and Medical Drugs
Alcohol and drugs are prohibited on Pose Button. These substances face serious legal restrictions and in many cases are considered controlled substances under applicable law. Our policy also applies to other substances that have or are claimed to have an intoxicating or healing effect. Possible legal restrictions aside, these substances are not in the spirit of Pose Button.
The following are examples of items that may not be sold on Pose Button:
Tobacco products, smokable products, e-cigarettes and e-liquid.
Drugs and certain herbal substances, including substances used for recreational and medicinal purposes, regardless of their legality.
Drug paraphernalia, including, for example: items with a carburetor; slides and/or items with a slide; bongs and bubblers; vaporizers and their components.
Medical drugs, regulated medical devices, and pharmaceuticals.
Restrictions on descriptions of purported health benefits:
A medical drug claim is statement or suggestion that an item prevents, heals, or treats a medical condition or disease. Medical drug claims are subject to varying degrees of regulation. If you make claims about the purported health benefits of an item for sale on Pose Button, we urge you to speak with a qualified expert about which regulations apply to you. It is your responsibility to know and comply with all laws and regulations that apply to the items you sell.
Pose Button prohibits certain medical drug claims based on our values, such as claims likely to deceive or pose an unreasonable risk to our community. Pose Button may remove claims that we deem to be inappropriate, excessive, or otherwise unsuitable for our marketplace. We also remove content that promotes prohibited medical claims, such as anti-vaccine items. If Pose Button receives proper notice from a legal authority, we may remove an item.
PROHIBITED USER CONDUCT
We may investigate and/or terminate your account if you misuse the Site or behave in any way that we regard as inappropriate or unlawful. You agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (b) insert your own or a third party's advertising, branding or other promotional content into any of the Site's content, materials or services; or (c) gain or attempt to gain unauthorized access to other computer systems through the Site. You agree to not: (i) engage in spidering, "screen scraping," "database scraping," harvesting of e-mail addresses, wireless addresses or other contact or personal information, or any other automatic means of accessing, logging-in or registering on the Site or for any services or features offered on or through the Site, or obtaining lists of users or obtaining or accessing other information or features on, from or through the Website offered on or through the Site, including, without limitation, any information residing on any server or database connected to the Site or any services offered on or through the Site; (ii) use the Website made available on or through the Site in any manner with the intent to interrupt, damage, disable, overburden, or impair the Site or such services, including, without limitation, sending mass unsolicited messages or "flooding" servers with requests; or (iii) use the Site or the Site's services in violation of any applicable law or the legal rights of any third party. You further agree that you may not attempt (or encourage or support anyone else's attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Site or the Site's services, or any content thereof, or make unauthorized use thereof.
You shall not (nor cause any third party to) use the Website to perform any illegal or immoral activities (including without limitation defaming, abusing, harassing, stalking, threatening, or otherwise violating the legal rights - such as rights of privacy of others) or any of the following types of activities, without limitation: (a) disseminating any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, pornographic, obscene or otherwise objectionable material; (b) transmitting information that violates any applicable federal, state, or local laws, rules or regulations, including any governmental agency guidelines, policies or procedures, or that infringes any patent, trademark, trade secret, copyright or other intellectual property or proprietary rights of any party; (c) conducting any activity that would constitute fraud; (d) transmitting any material that contains software viruses, trojan horses, worms, time bombs, cancelbots, or any other computer code, files, or programs which may interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment; (e) use the Website to gain competitive intelligence about Pose Button Inc. , the Site, or any product or service offered via the Site or to otherwise compete with Pose Button Inc..
CONSENT TO USE DATA
The content available on the website (“Website Content”), including the logos and trademarks (“Marks”), are licensed to Pose Button Inc. and are subject copyright, trademark, and other intellectual property rights under the United States of America (“USA”), foreign laws, and international conventions. The Website Content includes, but are not limited to, the source codes, database, website design, functionalities, videos, audios, texts, images, graphics, and items available on the website.
The logos, designs, page headers, names, script, graphic, button icons and footers are registered trademarks or common law trade dress of Pose Button Inc. in the US and other parts of the world. The Pose Button Inc. trademarks and trade dress may not be used in combination with any other products, services, or goods in a manner that is likely to confuse. You do not also have our permission to copy, imitate, or use it without getting written approval from us.
Pose Button Inc. provides the website content to users on “AS IS” basis for information and personal use purposes. Users may not copy, reproduce, distribute, advertise, transmit, license, sell, or exploit it for any other purposes without seeking written consent from us.
NOTICE OF INTELLECTUAL PROPERTY INFRINGEMENT
In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, it is the policy of Pose Button Inc., in appropriate circumstances, to terminate the registration account of a user who is deemed to infringe third-party intellectual property rights and/or to remove user content that is deemed to be infringing. If you believe that your work has been copied in a way that constitutes copyright infringement and is displayed on the Platform, please provide substantially the following information to our Copyright Agent (please consult your legal counsel or see 17 U.S.C. Section 512(c)(3) to confirm these requirements):
an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
a description of the copyrighted work that you claim has been infringed;
a description of where the material that you claim is infringing is located on the Website (and such description must be reasonably sufficient to enable Company to find the alleged infringing material);
your address, telephone number, and email address;
a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Notice of claims of copyright infringement should be provided to Company’s Copyright Agent at <admin email>.
You are responsible for your use of the Platform, and you agree to defend (at Pose Button Inc.’ option), indemnify, and hold harmless Pose Button Inc. and its officers, directors, employees, contractors, consultants, affiliates, investors, service providers, business partners, subsidiaries and agents from and against every claim, liability, damage, loss, and expense, including reasonable attorneys’ fees and costs, arising out of or in any way connected with:
Your violation of any of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation;
Your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or
Any dispute or issue between you and any third party, including any Courier, Retailer/Buisness, or other third-party.
Pose Button Inc. reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations) and you agree to cooperate with our defense of that claim. If the defense or settlement is assumed by you, Pose Button Inc. may at any time thereafter elect to take over control of the defense and settlement of the claim. You must not settle any claim that you are defending on behalf of Pose Button Inc. without Pose Button Inc.’ prior written consent.
This provision does not require you to indemnify Pose Button Inc. for any unconscionable commercial practice by such party, or for such party’s gross negligence, fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the Website.
You agree that the provisions in this section will survive any termination of your account, this Agreement, or your access to the Software and/or Services.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE PLATFORM IS AT YOUR SOLE RISK. THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF RETAILER/BUISNESSABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY Pose Button Inc. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. Pose Button Inc. MAKES NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE PLATFORM. Pose Button Inc. DOES NOT REPRESENT OR WARRANT THAT THE USE OF THE PLATFORM WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA; THAT THE PLATFORM OR ANY PRODUCTS OR MATERIALS OBTAINED BY YOU THROUGH THE PLATFORM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; OR THAT THE PLATFORM OR THE SERVER(S) THAT MAKE THE PLATFORM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Pose Button Inc.’ PLATFORM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. Pose Button Inc. IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
Pose Button Inc. DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR PLATFORM ADVERTISED OR OFFERED BY A RETAILER/BUISNESS OR OTHER THIRD PARTY THROUGH THE PLATFORM OR ANY HYPERLINKED WEBSITE OR THIRD-PARTY SERVICE, AND Pose Button Inc. WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Pose Button Inc.’ AGGREGATE LIABILITY EXCEED THE Pose Button Inc. FEES ACTUALLY PAID BY YOU TO Pose Button Inc. IN THE THREE (3) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM OR $1000, WHICHEVER IS LESS. IN NO EVENT SHALL Pose Button Inc. AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING PERSONAL INJURY, LOSS OF DATA, REVENUE, PROFITS, REPUTATION, USE OR OTHER ECONOMIC ADVANTAGE) EVEN IF Pose Button Inc. AND/OR ITS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE PLATFORM CONNECTS YOU TO CONSUMERS AND RETAILERS/BUSINESS FOR THE PURPOSES OF FACILITATING A PURCHASE AND SALE TRANSACTIONS BETWEEN THE PARTIES. Pose Button Inc. WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY COURIERS OR RETAILER/BUISNESS, AND YOU EXPRESSLY WAIVE AND RELEASE Pose Button Inc. FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE COURIERS OR RETAILER/BUISNESS. Pose Button Inc. WILL NOT ASSESS THE QUALITY, SAFETY, OR LEGALITY OF THE ITEMS PROVIDED BY RETAILER/BUISNESS ON THE PLATFORM, AND YOU EXPRESSLY WAIVE AND RELEASE Pose Button Inc. FROM ANY AND ALL LIABILITY, CLAIMS OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO RETAILER/BUISNESS, AND THE ITEMS THEY PROVIDE. Pose Button Inc. WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES, BETWEEN YOU AND ANY CONSUMER OR RETAILERS. RESPONSIBILITY FOR THE DECISIONS YOU MAKE REGARDING SERVICES OFFERED VIA THE PLATFORM (WITH ALL THEIR IMPLICATIONS) RESTS SOLELY WITH YOU. IN ADDITION, WE WILL NOT ASSESS THE SUITABILITY, LEGALITY OR ABILITY OF ANY THIRD PARTIES, AND YOU EXPRESSLY WAIVE AND RELEASE Pose Button Inc. FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM YOUR USE OF THE PLATFORM, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO YOU BY THE PLATFORM. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS:
A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Pose Button Inc. may give notice by any means of communication reasonably anticipated to notify you of the information provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing or be delivered in a particular manner. You agree that you have the ability to store such electronic communications such that they remain accessible to you in an unchanged form. By way of example only, such communication may be a general notice on the Platform or via email to the email address listed on your Pose Button Inc. account. It is your obligation to update your account information so that we may contact you as may be necessary. Such notice shall be deemed to have been given 48 hours after dispatch. If physical notice (e.g., US Mail) is used, then such notice shall be deemed to have been given 7 days after dispatch.
Except as explicitly described in the Dispute Resolution and Arbitration section, you may give notice to Pose Button Inc. (such notice shall be deemed given when received by Pose Button Inc.) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first-class postage prepaid mail to Pose Button Inc. at the following address:
Pose Button Ltd
You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms in whole or in part at any time to any entity without your notice or consent. Any purported assignment by you in violation of this section shall be void.
TERM AND TERMINATION OF AGREEMENT
These Terms are effective until terminated by you or Pose Button Inc. as described below. Your rights under these Terms will terminate automatically without notice from Pose Button Inc. if you fail to comply with any of these Terms (including by violating any license restriction contained in these Terms). In addition, Pose Button Inc. may in its sole discretion terminate your user account on the Platform or suspend or terminate your access to the Platform at any time without notice. We also reserve the right to modify or discontinue the Platform at any time (including by limiting or discontinuing certain features of the Platform) without notice to you. We will have no liability whatsoever on account of any change to the Platform or any suspension or termination of your access to or use of the Platform. You may terminate these Terms at any time by closing your account, and ceasing use of the Platform.
21.1 Governing Law
You agree that the Website does not give rise to personal jurisdiction over Pose Button Inc., either specific or general, in jurisdictions other than the laws of the State of __________________. Any claim or dispute between you and Pose Button Inc. that arises in whole or in part from the Service will be decided exclusively by a court of competent jurisdiction located in the State of ____________________. Those who do not choose to access the Pose Button Inc. do so at their initiative and are responsible for compliance with all applicable laws including any applicable local laws.
21.2 Waiver and Severability
Except as explicitly described in the Dispute Resolution and Arbitration section, if any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of Pose Button Inc. to enforce any right or provision in these Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Pose Button Inc. in writing.
21.3 Entire Agreement
These Terms comprise the entire agreement between you and Pose Button Inc. and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained in these Terms.
NOTICE TO CALIFORNIA RESIDENTS
If you are a California resident, under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform.
For further information or to contact us with questions, concerns, or comments, you may email us at the email in the footer of our website or visit our Contact Us page. Although we will, in most circumstances, be able to receive your email or other information provided through the Site, we do not guarantee that it will receive all such email or other information timely and accurately. We shall not be legally obligated to read, act on, or respond to any such email or other information.