Terms & Privacy

PogoTec Inc. Website Terms of Use

Effective Date:            January 3, 2017

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE.

Website Terms of Use

These Website Terms of Use (“Terms” or “Terms of Use”), together with any documents referred to in them, explains the rules that govern your relationship and use of this website, http://www.pogotec.com/ (this “Website”), and other products and services (collectively “Services”). The Terms govern who may use the Services as either a guest or a registered user. Use of this Website, which is owned and operated by PogoTec Inc. (“PogoTec,” “we,” or “us”), includes accessing, browsing, or registering to use our Website.

These Terms form a legally binding contract between you and PogoTec. Please read them carefully. By using the Website or the Services, you confirm that you accept these Terms and that you agree to comply with them.

If you do not agree with these Terms, you must not use our Website or Services.

Privacy Policy and Terms of Sale

Your Privacy Matters to us. You can learn how we handle your information when you use our Website and Services by reading the PogoTec Privacy Policy https://www.pogocam.com/pages/terms-and-privacy; (“Privacy Policy”). The Privacy Policy is hereby incorporated by reference, which we may periodically update in our sole discretion and post an updated version of on this Website. The Privacy Policy, and updated Privacy Policies, set out the terms in which we process any personal data we collect from you, or that you provide to us, and provides information about the use of cookies on our Website. Your continued use of this Website constitutes your agreement to the Privacy Policy and you consent to any personal information we obtain about you (either via this Website, through your use of the Services, by email, telephone, or any other method) being collected, stored, transferred and otherwise processed in accordance with the terms of the Privacy Policy.

If you choose to purchase PogoTec Products from our website, you can learn about your rights, application of limited warranties, and important return policies by reading the PogoTec Terms of Sale [Link Terms of Sale] (“Terms of Sale”). We recommend that you review the Terms of Sale prior to purchasing products as they contains important information on your rights and prohibited uses of Products. By purchasing PogoTec Products from our Website, you agree to the terms of the Terms of Sale and you consent to providing information and any applicable warranties.

The Terms of Sale, Terms of Use, and Privacy Policy are all components of a binding contract (“Agreement”) between you and PogoTec. In the event of a conflict among components of the Agreement, the order of precedence is, first, the Terms of Sale; second, the Terms of Use; and third, the Privacy Policy.

Changes to these Terms of Use

We may revise these Terms of Use at any time without prior notice.

It is your responsibility to check this page from time to time to take notice of any changes to these Terms of Use. Your use of this Website is conditioned upon your acceptance of these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use including, without limitation, to any updates we may make. If you do not wish to be bound by these Terms of Use, please do not use this Website.

Changes to our Website

We may update our Website and its contents from time to time; however, we cannot guarantee that the content on our Website is up to date and we are under no obligation to update it.

We do not guarantee that our Website, or any content on it, will be free from errors or omissions.

  1. Who Can Use the Services

No one under 13 years-of-age is allowed to create an account, use the Website, or use the Services. We may offer additional Services with additional terms that may require you to be even older to use them, like posting photos on the Website. Please read all terms carefully.

By using and surfing on the Website, you state that:

  • You can form a binding contract with PogoTec.
  • You are not a person who is barred from receiving the Services or using the Website under the laws of the United States or any other applicable jurisdiction – meaning that you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition.
  • You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.
  1. Rights We Grant You and Your Responsibilities

Our Website is made available free of charge. We do not guarantee that our Website, or any content on it, will be available at all times and that access to our Website will be uninterrupted.

Access to our Website is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of our Website without notice. We will not be liable to you if our Website is unavailable at any time or for any period.

You are responsible for making all arrangements necessary for you to have access to our Website and for ensuring that any person who accesses our Website through your internet connection complies with these Terms of Use.

PogoTec grants you a personal, worldwide, royalty-free, non-assignable, non-transferable, nonexclusive, revocable, and non-sublicensable license to access the Website and access and use the Services. This license is for the sole purpose of letting you use and enjoy the Website and the Services’ benefits in a way that these Terms and our usage policies.

YOU ARE PROHIBITED FROM:

  • downloading, copying or other use of the Content or this Website for any purpose competitive to PogoTec or for the benefit of another vendor or any third party;
  • caching, unauthorized linking to this Website, or the framing of any Content available on this Website;
  • modifying, distributing, transmitting, performing, broadcasting, publishing, uploading, licensing, reverse engineering, transferring, selling, or creating derivative works of any Content, products, or services obtained from or through this Website;
  • uploading, posting, or transmitting any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer;
  • using any hardware or software intended to surreptitiously intercept or otherwise obtain any information (such as system data or personal information) from this Website (including, but not limited to the use of any “scraping” or other data mining techniques, robots or similar data gathering and extraction tools);
  • bypassing any measures that have been implemented to prevent or restrict access to this Website;
  • attacking our Website via a denial-of-service attack or a distributed denial-of service attack;
  • taking action that imposes or may impose (in PogoTec’s sole discretion) an unreasonable or disproportionately large load on our infrastructure, or damage or interfere with the proper working of our infrastructure; and
  • using our Website:
  • In any way that breaches any applicable local, national, or international law or regulation;
  • In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • For the purpose of harming or attempting to harm any person (including without limitation children) in any way;
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards; or
  • To transmit, or procure the sending of, any unsolicited or unauthorized advertising or promotional material or any other form of similar solicitation (spam).
  • You also agree:
    • Not to reproduce, duplicate, copy or re-sell any part of our Website in contravention of the provisions of these Terms of Use.
    • Not to access without authority, interfere with, damage, or disrupt:
      • any part of our Website;
      • any equipment or network on which our Website is stored;
      • any software used in the provision of our Website; or
      • any equipment or network or software owned or used by any third party.

Further, you represent that all of the information, data, and other materials you provide on this Website or to PogoTec through any other means are true, accurate, current, and complete. You are responsible for updating and correcting the information you have provided, as appropriate. Some features that may be available on this Website require registration. By registering, you agree to provide true, accurate, current and complete information about yourself.  

You shall be responsible for obtaining access to this Website, including your paying of any third-party fees (such as Internet service provider or airtime charges). In addition, you shall provide and remain responsible for all equipment necessary to access this Website.

Your Account and Password

If you choose, or if you are provided with, a user identification code, account, registration, password, or any other piece of information as part of our security procedures, you are responsible for maintaining the confidentiality of all such information and for restricting access to your account, which you must not disclose to any third party.

Registration requires you to (1) indicate agreement to these Terms of Use, (2) provide accurate contact information and identification details, and (3) submit any other form of authentication required as part of the registration process, in PogoTec’s sole discretion. You agree to accept responsibility for all activities that occur under your user identification code, account, registration, or password. You are responsible for maintaining the confidentiality of and restricting access to your user identification code, account, registration and password. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us by emailing us at support@pogotec.com

Intellectual Property Rights

We own, or are the licensee of, all intellectual property rights in our Website and in the material published on it (including without limitation, text, graphics, logos, icons, images, audio clips, digital downloads, data compilations (including without limitation the compilation of all content included in or made available through the Website), interfaces, code, and software) (“Content”). The Content is protected by copyright laws and treaties around the world. All such rights are reserved by PogoTec and its providers. PogoTec does not represent, warrant, or covenant that your use of the Content available on this Website has not, does not or will not infringe rights of third parties not affiliated with us.

You may not sell, reproduce, distribute, modify, display, publicly perform, prepare derivative works based on, repost or otherwise use any of our Content in any way for any purpose, including using our Content on any other website. You may, however, print off one copy, and may download extracts, of any page(s) from our Website for your personal, non-commercial use on the condition that you include a copyright notice on each page and you may draw the attention of others within your organization to our Content.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status and that of any identified contributors as the authors of our Content must always be acknowledged.

You must not use any part of the Content for commercial purposes without obtaining a license to do so from us or our licensors.

If you print off, copy, or download any part of our Website in breach of these Terms of Use, your right to use our Website will cease immediately and you must, at our option, return, or destroy any copies of the materials you have made.

The license granted by PogoTec terminates if you do not comply with these Terms of Use.

All rights not expressly granted to you in these Terms of Use are reserved and retained by PogoTec and its providers.

Linking to Our Website

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.

You must not establish a link to our Website in any website that is not owned by you.

Our site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards as notified to you from time to time.

If you wish to make any use of content on our Website other than that set out above, please contact us by emailing us at [Insert email address].

  1. Rights You Grant Us

Services provided on our Website may allow you to create, upload, post, send, receive, and store content. When you do that, you retain whatever ownership rights in that content you had to begin with, see Section 2. If you post Content or submit material, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant PogoTec and its sublicensees the right to use the name that you submit in connection with such Content, if we 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; and that use of the Content you supply does not violate these Terms of Use and will not cause injury to any person or entity. We have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any Content posted by you or any third party.

By submitting and/or posting Content to this Website, you automatically grant to us a royalty-free, perpetual, irrevocable, non-exclusive, and fully sublicensable right and license to use, reproduce, modify, adapt, publish, edit, translate, distribute, perform, create derivative works of and display such Content alone, or as a part of other works in any form, media, or technology, whether now known or hereafter developed. Any Content you transmit or post may be used by PogoTec or licensed to others by us for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting.

  1. Respecting Other People’s Rights

PogoTec respects the rights of others. Therefore, you may not upload, post, send, or store content that:

  • Contain any material which is defamatory of any person,
  • Contain any material which is obscene, offensive, hateful, or inflammatory,
  • Promote sexually explicit material,
  • Promote violence,
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age,
  • Infringe any copyright, database right, trademark, or other intellectual property right of any other person,
  • Be likely to deceive any person,
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence,
  • Promote any illegal activity,
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety,
  • Be likely to harass, upset, embarrass, alarm, or annoy any other person,
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person,
  • Give the impression that they emanate from us, if this is not the case or,
  • Advocate, promote, or assist any unlawful act including without limitation copyright infringement or computer misuse.

You must also respect PogoTec’s rights. These Terms do not grant you any right to:

  • Use branding, logos, designs, photographs, videos, or any other materials used in our Services.
  • Copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of the Services or the content on the Services except as set forth in these Terms.
  • Use the Services, any tools provided by the Services, or any content on the Services for any commercial purposes without our consent.

While we are not required to do so, we may access, review, screen, and delete your content at any time and for any reason, including if we think your content violates these Terms. You alone, though, remain responsible for the content you create, upload, post, send, or store through the Service and/or Website.

We have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS POGOTEC AND ITS REPRESENTATIVES, AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER POGOTEC OR LAW ENFORCEMENT AUTHORITIES.

  1. Respecting Copyright and Trademarks

Copyrights

We honor the requirements set forth in the Digital Millennium Copyright Act.

All Content included on this Website, such as text, graphics, logos, button icons, images, audio clips, and software, is the property of PogoTec or its Content suppliers and protected by U.S. and international copyright laws. The compilation (i.e., the collection, arrangement and assembly) of all Content on this Website is the exclusive property of PogoTec and protected by U.S. and international copyright laws. All software used on this Website is the property of PogoTec or its software suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display or performance, of the Content on this Website is strictly prohibited.

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 submit a report in writing with the following information:

  • Description of the copyrighted work that you claim has been infringed upon;
  • Description of where the material that you claim is infringing is located on the site;
  • 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;
  • Your address, telephone number, and e-mail address;
  • Physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • 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.

Our copyright agent to receive notifications of claimed copyright infringement is: Eharris@pogotec.com

Please note that this procedure is exclusively for notifying PogoTec that you believe your copyrighted material has been infringed.

We reserve the right to ignore a notice that does not comply with the procedure above.

Trademarks

The trademarks and logos (collectively the “Trademarks”) displayed on this Website are registered and unregistered trademarks of PogoTec or its providers or others. You will not construe anything contained on this Website as granting any license or right to use any Trademarks displayed on this Website without our written permission or such third party that may own the Trademarks displayed on this Website. Our trademarks and trade dress may not be used in connection with any product that is not PogoTec’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us. Your misuse of the Trademarks displayed on this Website, or any other Content on this Website, except as provided herein is strictly prohibited.

  1. Third Party Links From Our Website

The links located on our Website, or to other sites and resources provided by third parties, are provided for your information only. We have no control over the contents of those sites or resources. PogoTec has not reviewed all of the websites linked to this Website and is not responsible for the availability, content or accuracy of any pages or other sites linked via this Website. The inclusion of any link to such sites does not imply endorsement by us of these websites. Your linking to any other pages or websites is at your sole risk. You agree that we will not be liable for any loss or damages you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms of use and privacy statements of all such websites, as their policies may be different from ours.

  1. Safety

While we strive to provide adequate security, we can’t guarantee the Website or Services will be a safe place for all users. We depend on you to help keep the Website and Services safe. By using the Website and Services, you agree that:

  • You will not use the Services for any purpose that is illegal or prohibited in these Terms.
  • You will not use any robot, spider, crawler, scraper, or other automated means or interface to access the Services or extract other user’s information.
  • You will not use or develop any third-party applications that interact with the Services or other users’ content or information without our written consent.
  • You will not use the Services in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Services, or that could damage, disable, overburden, or impair the functioning of the Services.
  • You will not use or attempt to use another user’s account, username, or password without their permission.
  • You will not solicit login credentials from another user.
  • You will not post content that contains pornography, graphic violence, threats, hate speech, or incitements to violence.
  • You will not upload viruses or other malicious code or otherwise compromise the security of the Services.
  • You will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of the Services that you are not authorized to access.
  • You will not probe, scan, or test the vulnerability of our Services or any system or network.
  • You will not encourage or promote any activity that violates these Terms.

If you think someone has gained access to your account, please immediately reach out to PogoTec Support.

  1. Modifying the Services and Termination

We may revise these Terms of Use at any time without prior notice.

It is your responsibility to check this page from time to time to take notice of any changes to these Terms of Use. Your use of this Website is conditioned upon your acceptance of these Terms of Use. Your continued use of this Website constitutes your agreement to these Terms of Use including without limitation to any updates we may make. If you do not wish to be bound by these Terms of Use, please do not use this Website.

You may cancel your account at any time by contacting PogoTec customer support.

PogoTec reserves the right in its sole discretion to suspend, refuse, or cancel any user identification code, account, registration, or password for this Website, remove any person from this Website and prohibit any person from using this Website for any reason whatsoever and to limit or terminate your access to or use of this Website at any time without notice. We may also suspend or terminate your account and refuse any and all current or future use of any portion of this Website: (i)  to comply with applicable law; (ii) if you provide any information that we determine, in our sole discretion, to be untrue, inaccurate, not current or incomplete (or if the information becomes untrue, inaccurate, not current or incomplete); (iii) if we determine, in our sole discretion, that you are using your account in a manner not permitted by these Terms of Use; or (4) in other circumstances, as we deem appropriate in its sole discretion.

WE RESERVE THE RIGHT TO SUSPEND, RESTRICT, OR TERMINATE YOUR ACCESS TO THIS WEBSITE OR ANY FEATURE OR PART THEREOF AT ANY TIME IN OUR SOLE DISCRETION.

You agree that we shall not be liable to you or any third party for any cancellation of any registration or other suspension or termination of licenses or of your access to this Website and Services and that all representations and warranties, limitations of liability, warranty disclaimers, and indemnities shall survive any such cancelation or termination.

Suspension or termination of your access or use will not waive or affect any other right or relief to which we may be entitled, at law or in equity. Notwithstanding any other provisions of these Terms of Use, or any general legal principles to the contrary, any provision of these Terms of Use that imposes or contemplates continuing obligations on a party will survive the expiration or termination of these Terms of Use.

  1. Warranty Disclaimers & Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

POGOTEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED: AS TO THE OPERATION OF THIS WEBSITE OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE; THAT ACCESS TO THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; THAT THIS WEBSITE WILL BE SECURE; THAT THIS WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE WILL BE VIRUS-FREE; OR THAT ANY CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE WILL BE CORRECT, ACCURATE, ADEQUATE, USEFUL, TIMELY, RELIABLE, OR OTHERWISE COMPLETE. IF YOU USE, DOWNLOAD OR OTHERWISE ACCESS ANY CONTENT FROM THIS WEBSITE, YOU DO SO AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE, DOWNLOAD OR OTHER ACCESS OF ANY SUCH CONTENT.

YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE AND OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE IS AT YOUR SOLE RISK.

WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, POGOTEC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. POGOTEC DOES NOT WARRANT THAT POGOTEC (OR ITS SUPPLIERS’) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, POGOTEC’S (OR ITS SUPPLIERS’) SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM POGOTEC (OR ITS SUPPLIERS) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

POGOTEC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY POGOTEC (OR ITS SUPPLIERS’) INFORMATION, CONTENT, MATERIALS, PRODUCTS OR ANY SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. YOU AGREE THAT NEITHER POGOTEC NOR ITS PROVIDERS SHALL BE LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

PogoTec has not reviewed all of the websites linked to this Website, and we assume no responsibility for the availability, content or accuracy of any pages or other websites linked via our Website. Such links should not be interpreted as endorsement by us of those linked websites. Your linking to any other pages or websites is at your sole risk. You agree that we will not be liable for any loss or damage that you or any third party may suffer in connection with third party pages or websites. We encourage you to read the terms of use and privacy statements of all such websites, as their policies may be different from PogoTec.

  1. Indemnification

You agree to defend, indemnify, and hold harmless PogoTec and its officers, directors, employees, advisors, agents, subsidiaries, affiliates, successors, assigns, service providers and suppliers, licensors, providers, or other representatives (“Representatives”) from and against any and all claims, damages, obligations, losses, liabilities, costs, judgments or debt, fees (including without limitation attorneys’ fees) and expenses arising from: (i) Content you supply; (ii) your use of and access to this Website; (iii) your violation of any term of these Terms of Use; or (iv) your violation of any third party right, including without limitation any copyright, trademark, trade secret or other property, or privacy right. Your obligation to defend, indemnify and hold harmless PogoTec and its Representatives will survive termination, modification or expiration of these Terms of Use and your use of this Website.

  1. Arbitration

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION CLAUSE. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND WE AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND WE WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

Arbitration, Class Waiver, Jury Waiver

.

A.             Applicability

. All claims and disputes, including all statutory claims and disputes, arising out of or relating to this Agreement or your use of the product will be resolved by binding arbitration on an individual basis, except that you and we are not required to arbitrate any dispute in which either party seeks equitable relief for alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents, and either you or we may resolve disputes in small claims court on an individual basis where small claims court proceedings are available.

B.             Arbitration Rules

. The Federal Arbitration Act governs this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of arbitration, except to the extent they conflict with this Agreement. The AAA Consumer Arbitration Rules are available online at www.adr.org or by calling AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes involving less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the amount sought is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Judgment on an arbitral award may be entered in any court of competent jurisdiction.

C.            Non-appearance Arbitration

. If non-appearance arbitration is elected, the arbitration will be conducted by phone, online, written submissions, or a combination of the three, at the election of the party initiating arbitration. The arbitration will not involve a personal appearance by parties or witnesses unless the parties mutually agree otherwise.

D.            Arbitrator’s Authority

. The arbitrator will decide the arbitrator’s jurisdiction and the rights and liabilities, if any, of you and us. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have authority to grant motions dispositive of all or part of any claim or dispute, to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Agreement. The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator’s award is final and binding upon you and us.

E.             Waiver of Jury Trial

. YOU AND WE WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and we are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited and more efficient than rules applicable in court and are subject to very limited review by a court. In any litigation between you and us over whether to vacate or enforce an arbitration award, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute resolved by a judge.

F.             Waiver of Class or Consolidated Actions

. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, and notwithstanding anything else to the contrary in this Agreement, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in Section 2 of these Terms.

G.            Confidentiality

. No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

H.            Right to Waive

. Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

I.               Opt-out

. You may opt out of this arbitration agreement. If you do so, neither you nor we can force the other to arbitrate. To opt out, you must notify us in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, your PogoTec username and the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this arbitration agreement. Send your notice to: PogoTec, Inc., ATTN: Arbitration Opt-out,4502 Starkey Rd #109, Cave Spring, VA 24018.

J.              Small Claims

. Notwithstanding the above, either you or we may bring an individual action in small claims court.

K.            Arbitration Agreement Survival

. This arbitration agreement will survive the expiration of the PogoTec product warranty and termination of your relationship with us.

L.             Modification

. Notwithstanding any provision in the Agreement, we agree that if PogoTec makes any future material change to this arbitration provision, it will not apply to any individual claim(s) of which you had already provided us notice.

  1. Exclusive Venue

To the extent the parties are permitted under this Agreement to initiate litigation in a court, you and we agree that all claims and disputes arising out of or relating to the Agreement will be litigated exclusively in small claims court, if small claims court proceedings are available for the dispute, or the U.S. District Court for the Western District of Virginia. If, however, that federal court would lack original jurisdiction, then all such claims and disputes will be litigated exclusively in small claims court (if available) or other state court in Roanoke, VA. You and we consent to the personal jurisdiction of both courts.

  1. Choice of Law

These Terms and all matters arising out of or relating to these Terms shall be governed by and construed according to the internal laws of the State of Virginia without giving effect to any choice or conflict of law provision or rule (whether of the State of Virginia or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Virginia.

  1. General Provisions

These Terms of Use constitute the entire agreement and understanding between you and PogoTec with respect to the subject matter thereof and supersede all prior or contemporaneous communications and proposals, whether oral or written, between the parties with respect to such subject matter. If any portion of these Terms of Use is determined to be unenforceable in a binding judgment of a court of competent jurisdiction, the unenforceable portion shall be construed in accordance with applicable law to the greatest extent possible and the remainder of the provisions shall remain in full force and effect. PogoTec shall be excused from performance under these Terms of Use, to the extent it is prevented from or delayed from performing, in whole or in part, as a result of an event or series of events caused by or resulting from (i) weather conditions or other elements of nature or acts of God; (ii) acts of war, acts of terrorism, insurrection, riots, civil disorders or rebellion; (iii) quarantines or embargoes; (iv) labor strikes; or (v) other causes beyond the reasonable control of PogoTec.

In the event that PogoTec is temporarily unable to ship to you a purchased item because of such an event, PogoTec will give you the option of deferring shipment or receiving a refund of your charges. Any cause of action you may have with respect to this Website must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Any failure of PogoTec or its Representatives to act with respect to a breach of these Terms of Use by you or others shall not waive PogoTec’s right to act with respect to subsequent or similar breaches. PogoTec does not guarantee it will take action against all breaches of these Terms of Use. You may not assign these Terms of Use without the prior written consent of PogoTec, which may be withheld in PogoTec’s sole discretion and where any attempted assignment that does not comply with these Terms of Use shall be null and void. PogoTec may assign these Terms of Use, in whole or in part, to any third party in its sole discretion.

  1. Contact Us

If you have any questions or comments about these Terms of Use, please email us at support@pogotec.com or write us at:

4502 Starkey Rd Suite 109 Roanoke, Va. 24108

Thank you for visiting our Website.