PopReport provides a personalized subscription service that allows our members to access information to acquire products ("PopReport content") discussed over the Internet to certain computers and other internet ready devices ("PopReport ready devices").
YOU AGREE TO THE ARBITRATION AGREEMENT AND CLASS ACTION WAIVER DESCRIBED IN SECTION 7 TO RESOLVE ANY DISPUTES WITH PopReport (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT).
1.1. Your PopReport membership will continue month-to-month and automatically renew until terminated. To use the PopReport service you must have Internet access and a PopReport ready device and provide us with one or more Payment Methods. "Payment Method" means a current, valid, accepted method of payment, as may be updated from time to time and which may include payment through your account with a third party. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method (see "Cancellation" below).
1.2. We may offer a number of membership plans, including special promotional plans or memberships offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. Some membership plans may have differing conditions and limitations, which will be disclosed at your sign-up or in other communications made available to you. You can find specific details regarding your PopReport membership by visiting our website and clicking on the "Account" link.
2.1. Your PopReport membership may start with a free trial. The free trial period of your membership lasts for one month, or as otherwise specified during sign-up and is intended to allow new and certain former members to try the service.
2.2. Free trial eligibility is determined by PopReport at its sole discretion and we may limit eligibility or duration to prevent free trial abuse. We reserve the right to revoke the free trial and put your account on hold in the event that we determine that you are not eligible. We may use information such as device ID, method of payment or an account email address used with an existing or recent PopReport membership to determine eligibility. For combinations with other offers, restrictions may apply.
2.3. We will charge your Payment Method for your monthly membership fee at the end of the free trial period and your membership will automatically renew monthly unless you cancel your membership prior to the end of the free trial period. To view the monthly membership price and end date of your free trial period, visit our website and click the "Billing details" link on the "Account" page.
Billing and Cancellation
3.1. Billing Cycle. The membership fee for the PopReport service any other charges you may incur in connection with your use of the service, such as taxes and possible transaction fees, will be charged on a monthly basis to your Payment Method on the calendar day corresponding to the commencement of the paying portion of your membership until your membership is cancelled. Membership fees are fully earned upon payment. In some cases your payment date may change, for example if your Payment Method has not successfully settled or if your paid membership began on a day not contained in a given month. Visit our website at PopReport.com/dashboard and review your "Account" page to see your next payment date. We may authorize your Payment Method in anticipation of membership or service-related charges through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
3.2. Payment Methods. To use the PopReport service you must provide one or more Payment Methods. You can update your Payment Methods by going to the "Account" page. We may also update your Payment Methods using information provided by the payment service providers. Following any update, you authorize us to continue to charge the applicable Payment Method(s). You authorize us to charge any Payment Method associated to your account in case your primary Payment Method is declined or no longer available to us for payment of your subscription fee. You remain responsible for any uncollected amounts. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not cancel your account, we may suspend your access to the service until we have successfully charged a valid Payment Method. For some Payment Methods, the issuer may charge you certain fees, such as foreign transaction fees or other fees relating to the processing of your Payment Method. Check with your Payment Method service provider for details.
3.3. Cancellation. You can cancel your PopReport membership at any time, and you will continue to have access to the PopReport service through the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unwatched PopReport content. To cancel, go to the "Account" page on our website and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Billing details" on the "Account" page. If you signed up for PopReport using your account with a third party as a Payment Method and wish to cancel your PopReport membership, you may need to do so through that third party, for example by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from the PopReport service through that third party. You may also find billing information about your PopReport membership by visiting your account with the applicable third party.
3.5. No Refunds. Payments are nonrefundable and there are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
4.2. The PopReport service and any content provided through our service are for your personal use and may not be shared with individuals beyond your household. During your PopReport membership, we grant you a limited, non-exclusive, non-transferable right to access the PopReport service and view PopReport content through the service. Except for the foregoing, no right, title or interest shall be transferred to you.
4.3. You may not sell or transfer the account, and any actions to do so will terminate said account immediately. Upon this action, no refunds will be issued due to violation of this rule.
4.4. We have strict rules in accordance to language and abuse of our chat system. In the event of any such violation, a warning will be issued via Direct Message, and any repeated violation will result in the termination of membership. We ask that all members abide by treating others within the service with utmost respect, and any abusive chat will not be tolerated.
4.5. The PopReport service, including the content provided, is regularly updated. In addition, we continually test various aspects of our service, including but not limited to our website, user interfaces, promotional features and availability of PopReport content.
4.7. By using our service, you agree that the information we provide for acquiring products are at the sole discretion of the user to purchase. We do not make any type of claims to guarantee value of the items, or insure the user will acquire the item(s).
Passwords and Account Access
The member who created the PopReport account and whose Payment Method is charged (the "Account Owner") has access and control over the PopReport account and the PopReport ready devices that are used to access our service and is responsible for any activity that occurs through the PopReport account. To maintain control over the account and prevent anyone from accessing the account, the Account Owner should maintain control over the PopReport ready devices that are used to access the service and not reveal the password or details of the Payment Method associated to the account to anyone. You are responsible for updating and maintaining the accuracy of the information you provide to us relating to your account. We can terminate your account or place your account on hold in order to protect you, or PopReport from identity theft or other fraudulent activity. PopReport is not obligated to credit or discount a membership for holds placed on the account by either a representative of PopReport or by the automated processes of PopReport.
Disclaimers of Warranties and Limitations on Liability
6.1. THE PopReport SERVICE AND ALL CONTENT ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE PopReport SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. PopReport DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE PopReport SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. PopReport SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, PopReport READY DEVICES.
6.2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL PopReport, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
6.3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
7.2. If you elect to seek arbitration or file a small claim court action, you must first send to PopReport, by certified mail, a written Notice of your claim ("Notice"). The Notice to PopReport must be addressed to: General Counsel, Tranton Reselling Services, LLC., 324 S Beverly Drive, Beverly Hills, CA 90212 ("Notice Address"). If PopReport initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by PopReport, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If PopReport and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or PopReport may commence an arbitration proceeding or file a claim in small claims court.
7.3. If you are required to pay a filing fee for arbitration, after PopReport receives notice at the Notice Address that you have commenced arbitration, PopReport will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
7.4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless PopReport and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence. The arbitrator's award shall be final and binding on all parties, except (1) for judicial review expressly permitted by law or (2) if the arbitrator's award includes an award of injunctive relief against a party, in which case that party shall have the right to seek judicial review of the injunctive relief in a court of competent jurisdiction that shall not be bound by the arbitrator's application or conclusions of law.
7.5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of PopReport's last written settlement offer made before an arbitrator was selected (or if PopReport did not make a settlement offer before an arbitrator was selected), then PopReport will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
7.6. YOU AND PopReport AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and PopReport agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
9.1. Feedback. PopReport is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires/surveys or through postings to the PopReport service, including the PopReport website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the PopReport service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law.
9.2. Customer Support. To find more information about our service and its features, or if you need assistance with your account, please contact a PopReport Admin in Billing and Membership services.
9.7. Communication Preferences. We will send you information relating to your account (e.g. payment authorizations, invoices, changes in password or Payment Method, confirmation messages, notices) in electronic form only, for example via emails to your email address provided during registration. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.