Effective Date: March 4, 2016
Description of SaaS Services
(2) HOSTING AND MANAGEMENT SERVICES. The SaaS Services include the following managed services:
• Network administration, including communications between the gateway and the network operations center through Customer provided cellular wireless transmission or Ethernet connection
• Software administration
• Data administration
• Periodic over-the-air upgrades
(3) AUTHORIZED USER LICENSE (WEB PORTAL). The Authorized User License for the number of Authorized Users set forth in the Orders includes on-going hosting enabling access to the Portal.
(4) INSTALLATION/ACTIVATION SERVICES: Customer may elect to receive any of the following Installation Services from Service Provider: Self-service through the web portal, or in-person installation about a request by the customer and acceptance of PollUp Solutions Inc.
(5) SUPPORT SERVICES. Support Services include unlimited remote service and support during normal business hours and 24x7 for emergency support. Customer will designate one individual who will be the authorized point of contact for all technical support communications between Service Provider and Customer at all times. Service Provider will use commercially reasonable efforts to keep the SaaS Services available on a 24 hour a day, 7 days a week basis, via web site access utilizing the Minimum Configuration, subject to occasional scheduled downtime (during non-working hours, for short periods of time, typically on Sundays and communicated in advance) for maintenance purposes, unforeseen maintenance and systems outages, or routine testing of the SaaS Services. As used herein, “Minimum Configuration” means the minimum configuration of Customer hardware and software required to access the SaaS Services, which, shall be that Authorized Users have an Internet connection with sufficient bandwidth and a compatible, updated browser, such as Chrome, Firefox, Safari, or Internet Explorer. In the case of the mobile app(s) services, Users “Minimum Configuration” means the minimum configuration of Authorized Users’ hardware and software, including, but not limited to, the installation of the relevant mobile app(s), required to access the SaaS Services, which shall also include that Authorized Users have an Internet connection with sufficient bandwidth and access to the mobile app(s) on their mobile device.
5. Customer represents and warrants that Customer has all necessary authorization to purchase and pay for the SaaS Services indicated in each Order.
6. Customer agrees to provide the necessary electric service, wiring, computer equipment and communication line access (in accordance with UL standards) for access to the SaaS Services. Customer agrees to provide, install and maintain, at Customer's expense, data communication lines therefor, all pursuant to minimum specifications prescribed by Service Provider and updated from time to time. Customer shall be responsible for ongoing charges for Customer's own use of such data communication lines, electrical service, computer equipment, etc.
THE TERMS AND CONDITIONS SET FORTH HEREIN SHALL NOT BE BINDING AND ACCESS TO THE SaaS SERVICES SHALL NOT BE GRANTED UNTIL AN AUTHORIZED SIGNATORY FOR CUSTOMER ACKNOWLEDGES AND AGREES TO ABIDE BY THESE TERMS AND CONDITIONS.
BY CONTINUING USE OF POLLUP YOU ARE CONFIRMING CONSENT TO THESE TERMS
Effective Date: March 4, 2016
[Our sites and services are not intended for children under the age of 16 and no person under the age of 16 may use our sites and services. We strongly encourage all parents and guardians to monitor the Internet use by their children. If you use the sites and services, you affirm you are at least 16 years old or that you are the age of majority in your jurisdiction and grant permission to any of your minor dependents to use the sites.]
Purchase of Services
If the Order provides a schedule for delivery, the schedule is an estimate and is subject to availability by Service Provider, readiness of the site for any necessary installation, and scheduling of installers, as applicable. In the event the SaaS Services are not be available within a reasonable period of time of the scheduled delivery, you may at your option (a) terminate the purchase of undelivered SaaS Services, or (b) accept postponement of delivery until such time as Service Provider can complete the delivery of the SaaS Services. In no event shall Service Provider be liable to you or any Users for any delay or impact costs or damages associated with any late, partial, or incomplete delivery.
Unless otherwise indicated in the Order, you agree to be responsible for all on-site preparation, including setting up appropriate hardware, if needed, utility connections including but not limited to telecommunication connections, and procurement of necessary equipment or peripheral devices, and for installation of required hardware to run the SaaS Services.
Service Provider reserves the right to refuse any order you place with us. Service Provider may, in its sole discretion, limit or cancel quantities purchased per person, per entity, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel a purchase, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Service Provider reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by unauthorized entities.
You agree to provide current, complete, and accurate purchase and account information for all purchases and subsequent subscription charges made through Service Provider and/or its authorized agent. You agree you will promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that Service Provider can complete your Order(s) and subsequent subscription charges and contact you as needed.
Orders accepted by Service Provider may not be cancelled by you except with Service Provider's written authorization. Prices for the SaaS Services are subject to change without notice. Service Provider reserves the right at any time to modify or discontinue the SaaS Services (or any part or content thereof) without notice at any time. Service Provider shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the SaaS Services.
You agree to accept responsibility for paying and reporting (a) all federal, provincial, state and local taxes, however designated, levied or based on account of the purchase price of the SaaS Services and (b) all foreign taxes, export or import tariffs, and custom duties, however designated, levied or based in connection with the sale conducted hereby, the purchase price of the SaaS Services, as applicable. You agree to hold Service Provider harmless from all claims and liability arising in connection with your failure to report or pay such taxes.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (with the exception of credit card information, if applicable), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted by Service Provider’s payment processor using usual and customary industry practices during transfer over networks. You agree not to access, reproduce, screen capture, duplicate, copy, sell, resell, or exploit any portion of the SaaS Services or our websites through which the SaaS Services are provided, except as provided in your Order(s) and these Terms and Conditions or with express written permission from us. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SaaS Services – Grant of Rights
Notice Specific to Software Available with the SaaS Services
Any software that is made available to download from the SaaS Services (“Software”) is the copyrighted, trademarked, and/or patented work of Service Provider and/or its suppliers. Use of the Software is governed by the terms of the end user license agreement, if any, which accompanies or is included with the Software (“License Agreement”). In some cases, you or a User may be unable to install any Software that is accompanied by or includes a License Agreement, unless you first agree to the License Agreement terms.
The Software so provided is made available for download solely for use according to the License Agreement. Any reproduction or redistribution of the Software not in accordance with the License Agreement is expressly prohibited by law, and may result in civil and criminal penalties. WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
Service Provider and its third-party licensors and developers hold exclusive ownership of the SaaS Services and Software and all intellectual property rights embodied therein, including but not limited to copyrights and valuable trade secrets incorporated in the Software's design and coding methodology including any algorithms, resources, content, documentation, user manuals, specifications, or derivative works thereof. The SaaS Services and Software is protected by United States and international copyright laws and international treaty provisions. This Agreement does not grant you or your Users any ownership or intellectual property rights in the SaaS Services or Software. You agree that you will not, directly or indirectly through others: (1) modify or translate the SaaS Services or Software therein; (2) decompile, decrypt or disassemble the SaaS Services or Software or reduce the SaaS Services or Software to human-readable form, (3) create derivative works based on the SaaS Services or Software; (4) merge the SaaS Services or Software with or into another product not approved for use by Service Provider; or (5) copy the SaaS Services or Software.
Permitted and Prohibited Use
You agree, for yourself and all your Users, as a condition of use of the SaaS Services, not to use the SaaS Services for any purpose that is unlawful, harmful to others, or prohibited by these terms, conditions, and notices. You and your Users may not use the SaaS Services in any manner that could damage, disable, overburden, or impair any Service Provider or subscriber server, or the network(s) connected to any Service Provider or subscriber server, or interfere with any other party's use and enjoyment of any of the SaaS Services. You and your Users may not attempt to gain unauthorized access to any part of the SaaS Services, other accounts, computer systems, or networks connected to any Service Provider or subscriber server, or to any part of the SaaS Services, through hacking, password mining, phishing, or any other means. You and your Users may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the SaaS Services. Except as expressly set forth herein, you and your Users may not (i) copy, reproduce, download, print, capture, alter, modify, transmit, perform, create derivative works of, publish, sub-license, distribute, sell, or circulate the SaaS Services, or any associated applications, tools or data thereof; (ii) disassemble, decompile, or reverse engineer the software used to provide the SaaS Services, or use a robot, spider, or any similar device to copy or catalog any materials or information made available through the SaaS Services; or (iii) take any actions, whether intentional or unintentional, that may circumvent, disable, damage or impair the SaaS Services' control or security systems, or allow or assist a third-party to do so.
Suspension of Service.
You agree that Service Provider (or its third-party agent(s), if applicable) and its independent accountants reserves the right to examine your subscription records and accounts to verify compliance with these terms. In the event such audit discloses non-compliance with these terms, notwithstanding any other remedies available to Service Provider by law or otherwise, you shall promptly pay the appropriate license fees as advised by Service Provider, plus the reasonable cost of conducting the audit. Additionally, Service Provider may immediately terminate access to the SaaS Services if the audit reveals non-compliance with this Section.
Use of Passwords; Internet
You are responsible for providing and administering usernames and passwords for your Users (the “Log-In Information”). Each User must have a valid username and password for the purpose of accessing the SaaS Services. You and your Users must keep all Log-In Information strictly confidential. Log-In Information may be used only by the assigned User and may not be transferred without Service Provider’s consent and control. Log-In Information may not be shared without Service Provider’s control and prior written consent. Service Provider reserves the right to refuse to grant you a username that impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, is vulgar or otherwise offensive or may cause confusion, as determined by us in our sole discretion.
You and your Users are responsible for maintaining the confidentiality of that User's username and password. You and your Users are responsible for any and all activities that occur under all your Users' accounts. You agree to notify Service Provider immediately of any unauthorized use or suspected unauthorized use of your Users' accounts or any other breach of security. Service Provider will not be liable for any loss that you or a User may incur as a result of someone else using your Users' passwords or accounts, either with or without the applicable Users' knowledge.
Service Provider does not guarantee the security of any information transmitted to or from you or any User over the Internet, including through the use of e-mail. Access to the Internet, if employed, is your and each User's sole responsibility and the responsibility of Internet provider(s) you select. Service Provider does not accept any responsibility for failure of service due to Internet facilities, including related telecommunications or equipment.
Subscriber and User Submissions Ownership
As between you and your Users and Service Provider, the SaaS Services, any material or information provided pursuant to the SaaS Services, and any associated applications, tools or data, and all additions, modifications and improvements made or specified by Service Provider, its agents or contractors, are the property of Service Provider, and are protected by United States and international copyright, trademark, and patent laws, as applicable. By using the SaaS Services, neither you nor your Users gain any ownership interest in such items.
Service Provider does not claim ownership of the Usage Information you or your Users provide for the use and operation of the SaaS Services. You and your Users grant Service Provider and its vendors a non-exclusive, perpetual, transferable, sub-licensable, worldwide, royalty-free license to your information uploaded to the SaaS Services for internal, administrative, and anonymized analysis efforts. In addition, Service Provider may retain, analyze, use and share such information in anonymous, filtered, or aggregate form for general business purposes.
However, upon your request through Service Provider’s chat bot, contact form, or via telephone, for additional Data Review and/or Analysis (“Data Review”) of your and/or your Users’ submission and subsequent payment for the Data Review service, Service Provider will provide such further analysis with the understanding that Service Provider and it’s third-party vendors will be required to access, view, and analyze your and your Users’ raw data, including but not limited to identifying information on each user and their Usage Information.
You and your Users may also be allowed to upload additional information or data to your account for public display with your Comments. The information or data you upload or enter into your account is called “Submissions”, and expressly excludes you and your Users’ Usage Information. Service Provider reserves the right to supervise the uploading of any Submissions, but it is under no legal obligation to do so. For any Submissions that are covered by any intellectual property rights (“Your IP Content”), you and your Users grant Service Provider a non-exclusive, perpetual, transferable, sub-licensable, royalty-free, worldwide license to use those Submissions (“IP License”) to use your Submissions as Service Provider sees fit, in its sole discretion. However, the IP License ends when you delete Your IP Content from your account, unless your IP Content has already been used outside your account or shared with others and they have not deleted it. You understand and agree that even though Your IP Content may be deleted from your account, it may persist in backup copies of your account, but Your IP Content which is deleted will not be available for your use or review from your account once it has been deleted. You agree that Service Provider and its affiliates and agents may use your name, email address, and/or telephone number to access, review, edit, and modify your Submissions and other information associated with your account. You acknowledge and agree that Service Provider owns all the data and information concerning your account, and will continue to own all of the data and information concerning your account, except as provided herein relating to your Usage Information and your IP Content, even if your account is deactivated for any reason.
Service Provider reserves the right to upgrade, modify, replace, or reconfigure the SaaS Services at any time, provided that you will be given at least thirty (30) days advance notice for changes that materially and adversely affect any use of the SaaS Services. Service Provider may also change the fee schedule, support terms, and service level agreements for the SaaS Services subject to at least thirty (30) days advance notice, except that the change will not apply for the remainder of the Term of Service to the amount and type of SaaS Services you have contracted for under existing Orders. Any such notice may be given and shall be effective if posted by Service Provider in the “News/Alerts” section of Service Provider's website and/or the SaaS Services’ Software, or if provided in an email sent to your account representative, or if included in any amendment, extension or new version of this Agreement or any Order.
Accuracy of Information
We are not responsible if third-party information made available on the SaaS Services or our websites are not accurate, complete, or current. Any reliance on the third-party information made available on the SaaS Services and our websites is at your own risk. The SaaS Services and our websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the SaaS Services and our websites at any time, but we have no obligation to update any information. You agree that it is your responsibility to monitor changes to our websites and the SaaS Services.
Links to Third-Party Sites
Communications from Service Provider
Service Provider may periodically contact you or Users for customer service purposes. By accessing the SaaS Services, you and each Use consent to receive such communications. You agree that Service Provider may reference its business relationship with you in its marketing or sales materials.
Termination of the SaaS Subscription Agreement
Either party may cancel the Agreement upon thirty (30) day written notice to the other party. Electronic and fax documents are considered to be in writing for this purpose. In the event Service Provider terminates the Agreement prior to the agreed term in an Order, except for termination due to breach of the Agreement as provided hereinabove, Service Provider shall refund, either in whole or in part, at its sole discretion, the fees and charges for any undelivered SaaS Services and/or related services. In the event you terminate the Agreement prior to the agreed term in an Order, you agree Service Provider has no obligation to refund any fees or charges previously paid. If there are one or more outstanding invoices for services rendered by Service Provider at the time of termination by either party, you agree to pay the invoice(s) in accordance with this Agreement.
Upon termination of the Agreement, you and your Users will promptly cease all use of the SaaS Services and all rights granted herein shall revert to Service Provider. Additionally, all materials, applications and tools provide in connection with the SaaS Service must be returned to Service Provider or, at the option of Service Provider, you must certify to Service Provider, in writing, signed by an executive officer, that all copies of the related documentation for the SaaS Services have been destroyed. Termination of the Agreement will not be an exclusive remedy and all other remedies will be available to either party whether or not the Agreement is terminated.
No Warranties; Limitation of Liability
You and Service Provider agree the allocations of risk in this Section are reasonable. Furthermore, you and Service Provider agree they would not enter into this Agreement without these limitations on liability.
Service Provider warrants for a period of thirty (30) days after initial access, the SaaS Services will operate substantially in accordance with the documentation provided with the SaaS Services, unless performance problems are the result of hardware failure, improper use, or modification by you or your Users or contractors or due to your failure to install updates. If the SaaS Services does not so operate substantially in accordance with this clause, your exclusive remedy and Service Provider’s sole obligation under this warranty shall be, in Service Provider’s sole discretion, either to provide you with a bug fix or patch, or to refund the access fee, in whole or part, paid by you.
THE SaaS SERVICES AND ANY TOOLS, APPLICATIONS, INFORMATION OR MATERIALS PROVIDED TO YOU IN CONNECTION WITH THE SaaS SERVICES ARE PROVIDED “AS IS,” AND ALL WARRANTIES OF ANY KIND, PAST OR PRESENT, WHETHER STATUTORY, COMMON-LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, RESULTS OR OUTPUT, SECURITY AND, EXCEPT AS MAY BE OTHERWISE STATED IN THIS AGREEMENT, NON-INFRINGEMENT, ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO ITS PARENT AND SUBSIDIARY COMPANIES, DOES NOT GUARANTEE OR MAKE ANY REPRESENTATIONS REGARDING THE USE, RESULTS, OR ACCURACY OF THE SaaS SERVICES.
NOTWITHSTANDING THE REMAINING PROVISIONS OF THIS AGREEMENT TO THE CONTRARY, THE MAXIMUM AGGREGATE LIMIT OF LIABILITY TO SERVICE PROVIDER, INCLUDING BUT NOT LIMITED TO ITS EMPLOYEES, SUBSIDIARIES, SUBCONTRACTORS, AGENTS, AFFILIATES, OFFICERS, ASSIGNS, SUCCESSORS, AND SHAREHOLDERS, UNDER ANY THEORY OF LAW, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, STRICT LIABILITY, INFRINGEMENT, AND TORTS, SHALL BE A PAYMENT OF MONIES NOT TO EXCEED THE LESSER OF THE FEES PAID UNDER THIS AGREEMENT OR THE ORDER IN EFFECT AT THE TIME AND FROM WHICH THE CLAIM AROSE.
Service Provider and its affiliates shall not be liable for loss, injury, or damage of any kind to any person or entity resulting from any use, condition, performance, defect, or failure in the SaaS Services. You and your Users release and waive all claims against Service Provider, including but not limited to its parent, subsidiaries, affiliated companies, agents or content providers, and the directors, trustees, officers, shareholders, employees, agents and representatives of each of the foregoing (the “Service Provider Group”), from any and all claims, damages, liabilities, costs and expenses arising out of your and your Users' use of the SaaS Services. California residents waive any rights they may have under §1542 of the California Civil Code, which reads: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” You and your Users agree to release unknown claims and waive all available rights under California Civil Code §1542 or under any other statute or common law principle of similar effect. To the extent permitted by applicable law, this release covers all such claims regardless of the negligence of the Service Provider Group.
By accessing and/or using the SaaS Services, Users agree to report to Service Provider all claims or suspected claims of copyright, trademark, and/or patent or other infringement of Service Provider's intellectual property or other proprietary rights. Claims of infringement should be directed to:
Brick Gentry, P.C. Attn: Srikant Mikkilineni 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266
PollUp Solutions Inc. CEO: Kenyon Brown 53 N Willowgreen Ct. Mason City, IA 50401
If you believe that any information on the SaaS Services or our Site infringes on your copyright, trademark and/or patent you should notify Service Provider of your claim in accordance with the following procedures. Service Provider will process notices of alleged infringement in accordance with the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. The DMCA requires that notification of claimed infringement be in writing and provided to Service Provider's designated agent of service:
Brick Gentry, P.C. Attn: Srikant Mikkilineni 6701 Westown Parkway, Suite 100 West Des Moines, IA 50266
PollUp Solutions Inc. CEO: Kenyon Brown 53 N Willowgreen Ct. Mason City, IA 50401
To be effective, the notice of infringement must contain the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) Identification of the work, mark, or patent claimed to have been infringed, or, if multiple works, marks, or patents at a single online site are covered by a single notification, a list of such items at that site; (3) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; (5) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or the law; and (6) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Your purchase and/or use of the SaaS Services and/or our websites is unauthorized in any jurisdiction that does not give full effect to all provisions of the Terms. We make no representation or warranty that product descriptions, third-party materials and/or information are appropriate or available for use in any particular jurisdiction. Use of the SaaS Services and/or our websites in any jurisdiction where all or any portion of the services and/or websites might violate any legal requirements is prohibited and you agree not to access the SaaS Services and our websites in any such jurisdiction. You are responsible for complying with all applicable laws. Any use in contravention of any provision of the Terms is at your own risk.
You agree that this agreement and your use of the SaaS Services and our websites will be governed by the laws of the State of Iowa. You hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Des Moines, Iowa, in all disputes (i) arising out of, relating to or concerning this Agreement, one or more of the SaaS Services and/or our websites and your use thereof; (ii) in which one or more of the SaaS Services, our websites, and/or this Agreement is an issue or a material fact; or (iii) in which one or more of the SaaS Services, our websites, and/or this Agreement is referenced in a paper filed in a court, tribunal, agency or other dispute resolution organization.
You agree to waive, to the fullest extent allowed by applicable law, any claims for punitive or exemplary damages and any right to pursue claims on a class or consolidated basis or in a representative capacity, which relate in any way to one or more of the SaaS Services, our websites, and/or this Agreement. PLEASE REVIEW CAREFULLY AS THIS SECTION AFFECTS RIGHTS THAT YOU MIGHT OTHERWISE HAVE. IT PROVIDES FOR RESOLUTION OF MOST DISPUTES THROUGH ARBITRATION INSTEAD OF COURT PROCEEDINGS.
Arbitration is final, binding, and subject to limited review by a court. You agree that this arbitration section shall survive termination of this Agreement. This section shall be broadly interpreted to encompass all disputes or claims arising out of or relating to your use of one or more of the SaaS Services and/or our websites. Any dispute or claim made by you against Service Provider arising out of or related to your use of the SaaS Services and/or our websites, whether based on contract, statute, tort, fraud, misrepresentation or any other legal theory, will be resolved by binding arbitration, except that you may take claims to small claims court if they qualify for hearing by such court.
You must first present any claim or dispute to Service Provider by contacting our technical support department to allow us the opportunity to resolve any dispute. You may request arbitration if your dispute cannot be resolved within ninety (90) days. The arbitration of any dispute or claim shall be conducted with the rules of a Nationwide Arbitration Organization as modified by this agreement. You and Service Provider agree that this agreement evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law. Any such arbitration shall be brought and held in Des Moines, Iowa, and will be conducted in the English language. An arbitrator may not (i) award relief in excess of or contrary to what this Agreement and corresponding Order(s) provides; (ii) order consolidation or arbitration on a class wide or representative basis; or (iii) award punitive damages or any other damages aside from the prevailing party’s actual damages, except that the arbitrator may award on an individual basis damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. In any arbitration applying those rules applicable to large and/or complex cases, the arbitrators may also apply the Federal Rules of Evidence, and the losing party may have the award reviewed in accordance with the review procedures set forth in the selected arbitrator’s rules.
Any arbitration shall be confidential, and neither you nor Service Provider may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement or appeal of the arbitration award. The decisions of the arbitrators shall be binding and conclusive upon all parties involved, and any judgment or decision on any arbitration may be entered in and specifically enforced in any court having proper jurisdiction.
If any portion of this section is determined by a court to be inapplicable or invalid, then the remainder shall be given full force and effect.
All administrative fees and expenses of arbitration will be divided equally between you and Service Provider. Each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at any arbitration hearing.
Failure to perform by reason of any law, natural disaster, labor controversy, encumbered intellectual property right, war or any similar event beyond a party's reasonable control shall not be a breach hereof.
Service Provider shall not be liable for any loss or damage of any kind or for any consequences thereof resulting from delay or inability to deliver caused by strikes, lockouts, fire, theft, shortage, inability to obtain materials or shipping space, breakdowns, delays or carriers, manufacturers, or suppliers, acts of God, governmental statutes, proclamations or regulations, riot, civil commotion, war, malicious mischief, receipt of necessary information from you or your Users, or by any cause beyond your reasonable control.
You acknowledge and agree that the SaaS Services and the tools, applications, information and materials provided in connection with the SaaS Services possess a special, unique and extraordinary character that makes difficult the assessment of the monetary damages that would be sustained as a result of unauthorized use, and that unauthorized use may cause immediate and irreparable damage to Service Provider or other subscribers for which Service Provider or such other subscribers would not have an adequate remedy at law. Therefore, you agree that, in the event of such unauthorized use, in addition to such other legal and equitable rights and remedies as may be available to Service Provider, Service Provider shall be entitled to injunctive and other equitable relief without the necessity of proving damages or furnishing a bond or other security.
You agree that Service Provider may assign all or part of this agreement or related agreements without such assignment being considered a change to the agreement and without providing notice to you. You agree that Service Provider will be released from all liability upon assignment. The assignee shall have the same rights and obligations as the assignor.
You agree that information related to your use of the SaaS Services and our websites may be subject to legal process. Information and data that you submit to us through the SaaS Services and our websites may be subject to legal process (e.g., a subpoena) by the Service Provider or a third-party or government entity, even if that information has been deleted and only exists in backup form. You acknowledge and understand that the Service Provider will comply with all applicable legal obligations in making such information available pursuant to valid legal process. You acknowledge and agree that Service Provider may have no obligation to give you notice of any legal process that may result in any information related to your use of the SaaS Services and/or our websites being produced, discovered or otherwise disclosed.
Service Provider’s performance of these Terms and all other policies is subject to existing and future laws and legal process. Nothing in these Terms is in derogation of Service Provider’s right to comply with law enforcement requests or requirements relating to your use of the SaaS Services or our websites or information given to or gathered by us with respect to such use.
This Agreement shall be construed and enforced under the laws of the Iowa without reference to the choice of law principles thereof. User hereby consents to and submits to the jurisdiction of the federal and state courts located within Polk County of the State of Iowa. User waives any defenses based upon lack of personal jurisdiction or venue, or inconvenient forum.
The parties agree no joint venture, partnership, employment or agency relationship exists between you and Service Provider as a result of these Terms or your purchase and use of one or more of the SaaS Services and/or use of one or more of our websites.
Service Provider’s websites and/or SaaS Services may be accessed from countries other than the United States. The websites and SaaS Services may contain products or references to products that are only available within the United States. Any such references do not imply that such products will be made available outside the United States. If you access and use the SaaS Services and/or our websites outside the United States, you are responsible for complying with your local laws and regulations.
No waiver of any breach hereof shall be deemed a waiver of any other breach hereof.
Section headings are provided for convenience only, and shall not be used to construe the meaning of any section hereof.
If you have any questions, comments or complaints regarding these Terms or to effectuate notice as required by these Terms, please contact us at:
Mail: PollUp Solutions Inc. 53 N Willowgreen Ct. Mason City, IA 50401
© 2017 PollUp Solutions, Inc. All rights reserved.
Last Modified March 4, 2017
SECTION 1 – INFORMATION WE COLLECT
We collect information from and about you when you register and/or utilize our Services.
You may provide us with personal information, including, but not limited to, the following: 1. Name, address, telephone number, email address, and/or your occupation or title. 2. Login/password for your account with us. 3. Your business’ client information. 4. Payment information. 5. Date of birth. 6. Social media user names. 7. The identification number associated with your account with us. 8. Your business content.
Additionally, we may collect analytic data to maintain the high quality and Services using automated means such as cookies, server logs, web beacons, etc. The collected analytic data may include, but is not limited to, the following: 1. Your internet protocol (I.P.) address. 2. Your location information, i.e. City/State you are located in. 3. Mobile device IDs. 4. Cookie session IDs. 5. The page(s) you visited. 6. Features you used/searched for. 7. What web browser you used during your visit. 8. What operating system you use. 9. The link that referred/brought you to our website.
SECTION 2 - WHAT WE DO WITH YOUR INFORMATION
When you make a purchase from or utilize our website or other services, we collect the personal information you give us, as described above.
Along with the automated information we collect, we use this information for internal purposes such as evaluating, operating, and improving our company, protecting against and preventing data breaches and fraud, complying with legal requirements, etc. Additionally, we may also use the collected information in conjunction with third-parties that provide us with additional services as described below. However, email addresses will not be sold, rented, or leased to third-parties without your express permission.
Email marketing: With your permission, we may send you emails about our promotions and other updates. Emails will be received from PollUp Solutions, Inc., but may be distributed by us as well as by our third-party marketing providers, such as Drip.
Analytics: our site utilizes traffic analytics provided by Google Analytics and Drip. Analytic data collected using automated means as described in Section 1 above will be utilized by our third-party service providers to provide us with their contracted services. You can read more about Google Analytics’ and Drip’s services at the respective links below.
Google Analytics: https://www.google.com/analytics/terms/us.html
Data Review and Analysis Services: Upon your request through our chat bot, contact form, or via telephone, for additional Data Review and/or Analysis (“Data Review”) of you and/or your Users’ submissions, and subsequent payment for the Data Review service, we will provide the further analysis with your understanding that our third-party vendors and ourselves will be required to access, view, and analyze your and your Users’ raw data, including but not limited to identifying information on each user and the information they provide to via one or more of our services.
SECTION 3 - CONSENT
How do you get my consent?
When you provide us with personal information to complete a transaction, utilize our software, utilize our services, verify your payment information, place an order, etc., we imply that you consent to our collecting it and using it for that specific reason only.
If we ask for your personal information for a secondary reason, like marketing, we will either ask you directly for your expressed consent, or provide you with an opportunity to say no.
How do I withdraw my consent?
If after you opt-in, you change your mind, you may withdraw your consent for us to contact you, for the continued collection, use, or disclosure of your information, at any time, by contacting us at firstname.lastname@example.org.
SECTION 4 - DISCLOSURE
SECTION 5 – THIRD PARTIES’ POLICIES
Creative Solutions Unlimited: http://www.creativesolutionsunlimited.com/index.php
Facebook Lead Ads: https://www.facebook.com/privacy/explanation
SECTION 6 - THIRD-PARTY SERVICES
In general, the third-party providers used by us will only collect, use, and disclose your information to the extent necessary to allow them to perform the services they provide to us.
However, as stated above, third-party service providers, such as payment gateways, analytics providers, and host providers, have their own privacy policies with respect to the information we are required to provide to them for your service and purchase-related transactions.
We strongly recommend that you read their privacy policies so you can understand the manner in which your personal information will be handled by these providers.
In particular, remember that certain providers may be located in or have facilities that are located in a different jurisdiction than either you or us. So if you elect to proceed with a transaction that involves the services of a third-party service provider, then your information may become subject to the laws of the jurisdiction(s) in which that service provider or its facilities are located.
As an example, if you are located in Canada and your transaction is processed by a payment gateway located in the United States, then your personal information used in completing that transaction may be subject to disclosure under United States legislation, including the Patriot Act.
Links: When you click on links on our website, they may direct you away from our website. We are not responsible for the privacy practices of other sites and encourage you to read their privacy statements. Some of our services contain integrations with other services, such as Intercom, Drip, WordPress, Google, LinkedIn, Twitter, Facebook, and other services and platforms whose information practices may be different from ours. You should consult these other services' privacy policies as we have no control over information that is submitted to, or collected by, these third parties.
Do Not Track Signals: We do not process or respond to "Do Not Track" signals from your browser or other mechanisms that enable consumer choice regarding the collection of personal information about one's online activities over time and across third-party websites or online services.
SECTION 7 – NOTICE TO CALIFORNIA CUSTOMERS
Subject to the limitations under California Civil Code § 1798.83, if you are a California resident and have an established business relationship with us, you may ask us to provide you with a list of certain categories of personal information that we have disclosed to third parties for their direct marketing purposes during the immediately preceding calendar year. You may also request the identity of certain third parties that received your personal information from us for their direct marketing purposes during the immediately preceding calendar year. You may make a request as described hereinabove once a year.
To make such a request, you can email us or write to us at the address below. Please mention in your communication that you are making a "California Shine the Light" inquiry. We will respond within thirty (30) days.
SECTION 8 – PROTECTING YOUR INFORMATION
We follow usual and customary industry practices to protect your personal information as well as to make sure it is not inappropriately lost, misused, accessed, disclosed, altered or destroyed.
If you provide us with your credit card information, the information is encrypted by our payment processor, PayPal. Although no method of transmission over the Internet or electronic storage is 100% secure, our payment processor, PayPal, is PCI-DSS certified (Satisfies all 12 requirements) and follows all such requirements and implements usual and customary industry standards. You can learn more about PayPal’s data security standards at https://www.paypal.com/bm/webapps/mpp/merchant-security
SECTION 9 - COOKIES
You can stop cookies from being deployed on your computer by configuring your browser not to accept them. Please refer to your browser's help section for more information. Be aware that deleting and/or blocking certain cookies can disrupt normal website and/or Service functionality.
SECTION 10 - AGE OF CONSENT
By using this site, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you are providing the necessary supervision and have given us your consent to allow any of your minor dependents to use this site.
If our company is acquired or merged with another company, your information may be transferred to the new owners.
SECTION 12 – ONLINE POLICY ONLY
QUESTIONS AND CONTACT INFORMATION
If you would like to: access, correct, amend, or delete any personal information we have about you, register a complaint, or simply want more information, contact us at:
Mail: 53 N Willowgreen Ct. Mason City, IA 50401
© 2017 PollUp Solutions, Inc. All rights reserved.