Terms of Use

License & Site Access

Modifications & Terminations

Minors

Electronic Communications

Intellectual Property

Links

User Names & Passwords

Reviews, Comments, Communications

International Access

Product & Service Descriptions

Typographical Errors

Warranties & Liability

Indemnification

Applicable Law

Severability

Acceptance of Use

IMPORTANT!

Whether personally or on behalf of an entity, these TERMS OF USE govern your use of this website and any other media form, mobile site, channel, application or other property (“Website”).

By using this Website and CustomerPop (“CustomerPop”, “custpop.com”, “we”, “us”, or “our”), you are entering into this Agreement with CustomerPop, LLC and indicating that you agree to these Terms of Use. If you do not agree with these terms and conditions, please do not use our Website.

FREE MARKETING PLAN

Not everyone qualifies for a Free Marketing Plan. We reserve the right to determine who is the best fit for our free marketing plan. Not everyone who requests one will receive one.

LICENSE AND SITE ACCESS

You understand and agree that your use of our Website is limited, non-transferable, non-exclusive and a revocable license to access and use our Website subject to these terms and conditions.

You agree to only access or use our Website for the intended purpose it is made available to you. Our Website may not be used in connection with any commercial endeavors except those related to the work performed by CustomerPop on your behalf.

You agree to refrain from the following: Make any unauthorized use of our Website; Retrieve data or Content for the purposes of creating or compiling a database or directory; Circumvent, disable, or otherwise interfere with security-related features on our Website; Engage in unauthorized framing or linking of our Website; Trick, defraud or mislead CustomerPop or other users; Interfere with, disrupt or create an undue burden on our Website or CustomerPop’s networks or servers; Use our Website in an effort to compete with CustomerPop; Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of our Website; Bypass any measures on our Website designed to prevent or restrict access to our Website or any portion thereof; Delete the copyright or other rights notice from any Content; Copy or adapt our Website’s software; Upload or transmit, or attempt to do so, viruses, Trojan horses, or other material including anything that interferes with any party’s use of our Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations or maintenance of our Website; Upload or transmit, or attempt to do so, any material that acts as a passive or active information collection or transmission mechanism; Disparage, tarnish or otherwise harm CustomerPop; Use our Website in a manner inconsistent with any applicable laws, statutes or regulations.

We may terminate your license to use and access our Website, for any reason and without giving notice.

MODIFICATIONS AND TERMINATIONS

CustomerPop has the right, but not the obligation, to monitor and change, alter, modify, amend or remove anything from our Website for any reason at our sole discretion. We reserve the right to: Disable your use of our Website; Restrict or deny access to our Website; Discontinue all or part of our Website; Take appropriate legal action in response to a violation of the Terms of Use or any applicable law, statute or regulation. Such decisions and actions shall be at our sole discretion, without notice and without liability to you. We take no responsibility and assume no liability for any content posted by you or any third party.

These Terms of Use are subject to change at any time without notice to you. When changes are made, they will be effective immediately upon posting on our Website. We may also terminate these terms and conditions for any reason and at any time. Your use of our Website after such changes are made constitutes you acknowledge, agree, and accept the changes.

MINORS

We do not provide services or sell products or services to children. If you are not at least 18 years old, you may use our Website only under the supervision and permission of your parent or legal guardian. If you are a minor, you may not provide us, our affiliates, our suppliers, or other Website users with any personal information.

PRIVACY POLICY

Our Privacy Policy is part of, and subject to, these terms and conditions.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS AND SIGNATURES

You hereby consent to receive electronic communications from CustomerPop and agree that all agreements, notices, disclosures and other communications sent via email or through our Website satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders and other records, and to electronic delivery of notices, policies and records of transactions initiated or completed by CustomerPop or through our Website. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records or to payments or the granting of credits by any means other than electronic.

You are solely responsible for all data transmitted to or that relates to any activity you have undertaken using our Website. CustomerPop shall have no liability for any loss or corruption of any such data and you hereby waive any right of action against CustomerPop from any such loss or corruption.

INTELLECTUAL PROPERTY

Unless otherwise indicated, all Content included on our Website is the property of CustomerPop and all source code, databases, functionality, software, Website designs, audio, video, text, photographs and graphics of any nature and regardless of format (collectively or individually, the “Content”) and the trademarks, service marks, and logos contained there (the “Marks”) are owned and controlled by CustomerPop, our affiliates, suppliers, or third parties and are protected by copyright and trademark laws and any other applicable intellectual property law or regulation of the United States, foreign jurisdictions and international conventions.

The Content and Marks are provided “As-Is” for your information and personal use only. Except as expressly provided herein, no part of our Website and no Content may be copied, reproduced, aggregated, republished, uploaded, posted, displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without CustomerPop’s express prior written permission. CustomerPop reserves all rights in our Website, Content and Marks.

LINKS

Our Website may contain links to other websites that are owned and operated by third parties. You acknowledge and agree that we are not responsible for examining or evaluating, and we do not warrant the offerings of any other website. CustomerPop does not assume any responsibility or liability for the actions, products, services, and content of any third party. You should carefully review the privacy statements and conditions of use of third party websites.

USER NAMES AND PASSWORDS

To access certain areas of our Website, we may require a user name and password. You are responsible for maintaining the confidentiality of your user name and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your user name or password.

REVIEWS, COMMENTS, COMMUNICATIONS, AND OTHER CONTENT

You may post reviews, comments, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other content. CustomerPop reserves the right (but not the obligation) to remove or edit such content.

If you do post content or submit material, and unless we indicate otherwise, you grant CustomerPop a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CustomerPop and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CustomerPop and sublicensees for all claims resulting from content you supply.

INTERNATIONAL ACCESS

Our Website is hosted in the United States of America, and may contain products or services or references to products or services that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. Your continued use of our Website and transfer of data to the United States constitutes your express consent to the transfer and processing of data in the United States. Access of our Website from the EU, Asia or other region of the world may result in the applicability of laws, statutes or regulations differing from those of the United States which govern personal data collection, use or disclosure. If you access and use our Website outside the United States you are responsible for complying with your local laws and regulations.

PRODUCT AND SERVICE DESCRIPTIONS

We attempt to be as accurate as possible. However, we do not warrant that product and service descriptions or other Content of our Website is accurate, complete, reliable, current, or error-free. If a product or service offered by us is not as described, your sole remedy is to return the product unused or cancel your order or service.

TYPOGRAPHICAL ERRORS

In the event a product or service is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or information received from our affiliates, suppliers, or third parties, we shall have the right to refuse or cancel any orders placed for products or services listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

WARRANTIES AND LIMITATION OF LIABILITY

OUR WEBSITE AND ALL INFORMATION, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE ARE PROVIDED BY CUSTOMERPOP ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR WEBSITE OR THE INFORMATION, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING.

YOU EXPRESSLY AGREE THAT YOUR USE OF OUR WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CUSTOMERPOP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR WEBSITE; INFORMATION, CONTENT, AND MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE; OUR SERVERS; OR E-MAIL SENT FROM US ARE FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS.

CUSTOMERPOP WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR WEBSITE OR FROM ANY INFORMATION, CONTENT, OR MATERIALS INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH OUR WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. WE ARE NOT RESPONSIBLE FOR ANY OBSCENE OR OFFENSIVE CONTENT YOU RECEIVE OR VIEW FROM OTHERS WHILE USING OUR WEBSITE. IF YOU RECEIVE OR VIEW SUCH CONTENT, PLEASE CONTACT US IMMEDIATELY SO WE CAN INVESTIGATE.

INDEMNIFICATION

By using our Website, you understand and agree that you will indemnify, defend and hold CustomerPop, our affiliates, and suppliers harmless from any liability, claim, expense or other loss, including reasonable attorney fees and costs, arising from your use of our Website or your violation of these terms and conditions.

APPLICABLE LAW

By using custpop.com, you agree that the laws of the state of Utah, without regard to principles of conflict of laws, will govern these terms and conditions of use, and you consent to the exclusive jurisdiction of the state and Federal courts located in Salt Lake County, UT to resolve any dispute that may arise between you and CustomerPop.

SEVERABILITY

If any of these terms or conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

ACCEPTANCE OF USE

These terms and conditions of use, including the policies incorporated herein by express reference, constitute your entire acceptance of use with regard to your using our Website.

Our failure to enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. Nothing in these Terms of Use shall be construed to constitute the forming of a joint venture, partnership, employment or agency relationship.

NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us the written information specified below at the address indicated. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

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 upon;
A description of where the material you claim is infringing is located on the site;
Your address, telephone number, and e-mail address;
A 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;
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.

Your notice of claims of copyright infringement on this site should be sent to us using the contact details below.

TERMS OF USE QUESTIONS

Any questions about these terms and conditions, please contact us:

Telephone: +1 (888) 845-5648
E-mail: support@custpop.com

Last updated June 2023