This is a legal agreement ("Agreement") between you and ProductPals, Inc., a Delaware corporation ("ProductPals"), which may be contacted at 102 Trotter Road, Egg Harbor Township, NJ 08234. By accessing the ProductPals website, currently located at ProductPals.com(the "Site"), and using any of the Services (as defined below) accessible though the Site, you become a user and agree to, and are bound by, the terms and conditions of this Agreement for as long as you continue to use the Site or Services. IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT, DO NOT USE THE SITE OR THE SERVICES. Your use of, or participation in, certain Services may be subject to additional terms, and such terms will be either listed in this Agreement or will be presented to you for your acceptance when you sign up to use such Services or purchase such products.
https://www.productpals.com/ is a social network associated with Product Data. You may use this web site to connect products to products, products to people, and people to people.
This Agreement is subject to change by ProductPals in its sole discretion at any time, with or without notice. Your continued use of this Site or the Services after the posting of revisions to this Agreement will constitute your acceptance of such revisions. Please consult the end of this Agreement to determine when the Agreement was last revised.
ProductPals is licensed as set forth in the Licenses and Disclosures section, which is incorporated into this Agreement by reference.
Use of Site and Service
Specific Consent Regarding Credit
Links to Third-Party Websites/Dealings with Advertisers and Sponsors
Booth Owner Terms
Disclaimer of Warranty
Limitation of Liability
Communication and Privacy
Term and Termination
As used in this Agreement, the following words shall have the following meanings. "ProductPals" includes "ProductPals", "we", "us" and variations such as "our". "Service" includes the products, services and software that you order, receive or access as part of the ProductPals service.
Use of Site and Service
As a user of the Site or a user registered to use any of the Services (a "Registered User"), you agree to the following:
Exclusive Use: Your account is to be used only by you and only for your business needs. You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that ProductPals is not responsible for third-party access to your account that results from theft or misappropriation of your user name and passwords.
Information Submitted: You are solely responsible for, and assume all liability regarding, (i) the information and content you provide through your use of the Site and any Services; (ii) the information and content you make available in any manner through the service; and (iii) your interaction with any and all third-parties.
Risk Assumption and Precautions: You assume all risk when using the Services, including but not limited to all of the risks associated with any interactions with third-parties, including but not limited to any Booth Owners to which you are matched, referred or provided.
No Guarantees: ProductPals may not be able to provide matches for every Registered User seeking to use its services. Further, ProductPals makes no guarantees as to the number of matches or the ability to obtain accurate product or service information.
No False Information: You will provide accurate, true, current and complete information.
Legal Purpose: You will not use the Site or Services for any illegal purpose. You will only use the Site or Service in accordance with federal, state and local laws.
Bonafide Purpose: You will only use the Booth Owner Services in a Trade Show for a bona fide business purpose. You will not use the Site or Services for personal, family or household purposes. You may not use the Site or Services to obtain information about or make decisions about anyone but yourself and/or your business.
Age: You must be eighteen (18) years or older to use the Site or Services.
Ownership of Proprietary Information: You hereby acknowledge and agree that ProductPals is the owner of all rights in and to the Site and Services. These proprietary rights are protected by federal, state and local laws and regulations. You are permitted to use the Site and Services only as expressly authorized by this Agreement. You may not copy, reproduce, distribute or create derivative works, reverse engineer or reverse compile any of the Site or Services or technology.
No Use of Confidential Information: You will not post, copy, modify, transmit, disclose, show in public, create any derivative works from, distribute, make commercial use of, or reproduce in any way any (i) confidential information or (ii) other copyrighted material, trademarks, or other proprietary information accessible via the Site or Services, without first obtaining the prior written consent of the owner of such proprietary rights.
ExclusLicense to Provided ContentiveUse: By providing information or content to any account or public area of the Site or Service, you automatically grant, and you represent and warrant that you have the right to grant, to ProductPals and its users, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide license to use, reproduce, publicly perform, publicly display and distribute such information and content, and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sub-licenses of the foregoing. From time to time, we may create, test or implement new features or services on the Site in which you may voluntarily choose to participate, in accordance with the additional terms and conditions of such features or programs. By your voluntary participation in such features or programs, you grant us the rights stated in this subsection in connection with the additional terms and conditions (if any) of such features or services.
Information Security Policy: The ProductPals Information Security Policy, hereby incorporated by reference into this Agreement, explains the policy applicable to the information that is collected through the Site, received directly from you or transmitted to or from third parties.
Disclosure by Law: You acknowledge and agree that ProductPals may disclose information. you provide if required to do so by law, at the request of a third-party, or if we, in our sole discretion, believe that disclosure is reasonable to (i) comply with the law, requests or orders from law enforcement, or any legal process (whether or not such disclosure is required by applicable law); or (ii) protect or defend ProductPals?, or a third party?s, rights or property.
Use of Anonymous Information for Research By using the Site and/or Services, you agree to allow ProductPals to anonymously use the information from you and your experiences through the Services to continue ProductPals? research into successful business practices and to improve the Services.
Personal Information Authorization You authorize and instruct ProductPals to obtain, on a monthly basis throughout the duration of your membership with ProductPals, your (i) credit information from one or more credit reporting agencies, and (ii) "non-public personal information" , "personal information" , and "highly restricted personal information" about you as defined by the Gramm-Leach Bliley Act (15 U.S.C. & 6801 et seq.) and Drivers Privacy protection Act (18 U.S.C. & 2721 et seq.), respectively, and other personal information.
Specific Consent Regarding Credit
At the time you submit your information and sign-up for ProductPals services and related analysis of information in connection therewith, you agree that you are providing ProductPals the following specific consents (in addition to being subject to this Agreement):
I understand that by submitting my information and by signing-up for ProductPals services I am providing "written instructions" in accordance with the Fair Credit Reporting Act for ProductPals to obtain a copy of my consumer credit report and score from a consumer reporting agency. I further authorize Experian, TransUnion and/or Equifax to provide a copy of my consumer credit report and score to ProductPals, Inc. at 102 Trotter Road, Egg Harbor Township, New Jersey 08234.
I further understand that by submitting my information and by signing-up for ProductPals services I am authorizing ProductPals, once it has obtained my credit report and score for me, to retain a copy of such credit report and score in its records along with other information I am submitting through the Site, to use that information to match me with product and services offers from time to time from its marketing partners, which offers will be sent either by e-mail, telephone communication or via US mail. I understand that ProductPals will not be sharing my credit report with its marketing partners and that it is completely up to me to decide whether I would like to accept any of the offers I receive, in which case I would deal directly with the marketing partners at issue.
ProductPals offers subscription services, each of which is explained in more detail below. Further product, subscription and services descriptions are provided through the Site and are made a part of this Agreement by reference.
The Free Membership Plan: This is a free subscription that occurs when you complete the loan profile on the Site. This membership may provide up to four (4) Booth Owner matches. You will receive contact information for the Booth Owner matches and You may apply directly with the Booth Owner from the Booth Owner match for a business loan product. You will also have access to ProductPals customer service representatives via chat to assist you with certain questions. ProductPals does not make any guarantee of the number of Booth Owner matches each customer may or will have.
The ProductPals Paid Plan: This subscription is a $99.00 per month subscription that offers, in addition to the services offered in the Free Membership Plans, customized guidance regarding loan products and Booth Owner decisions, advice related to preparing to apply for a loan, assistance with assembling a proper financial package for Booth Owners, help navigating the loan application process, negotiating terms an accepting approvals, telephone support, and assistance that is tailored to your business needs in regard to bank submissions and loan applications.
Links to Third-Party Websites and Dealings with Advertisers and Sponsors
Booth Owner Terms
The following terms apply to a Booth Owner or potential Booth Owner that accesses the Site. All other terms also apply to a Booth Owner or potential Booth Owner.
Access to the Site: Access to the Site will be on a limited basis in accordance with the Booth Owner Package purchased. A Booth Owner or potential Booth Owner may not exceed the limits of the Booth Owner Package purchased. In the event a Booth Owner or potential Booth Owner exceeds the limits set forth in the Booth Owner Package purchased, such Booth Owner or potential Booth Owner shall be prohibited from future access to the Site.
Access to Client Information: A Booth Owner or potential Booth Owner may only access client information for the purpose of providing business loans. Booth Owners or potential Booth Owners are explicitly restricted from accessing the Site or client information for the purpose of providing personal loans for personal, family or household use.
Booth Owner Packages: The following Booth Owner Packages are available:
Basic Booth Owner Package: Allows a Booth Owner or potential booth owner to receive access to a maximum of five (5) Tradeshows/Events. Access to Booth Owner preferences will be available at anytime. A Booth Owner or potential Booth Owner that purchases the Basic Booth Owner Package will not be listed as a matched Booth Owner on the Site. A Booth Owner or potential Booth Owner that purchases the Basic Booth Owner Package will be charged a fifty dollar ($50.00) Implementation Fee and a monthly fee of two hundred and fifty dollars ($250.00). A Booth Owner or potential Booth Owner may purchase a twelve-month (12) Basic Booth Owner Package for two thousand and five hundred dollars ($2500.00).
Gold Package: Allows a Booth Owner or potential Booth Owner to receive unlimited referred borrowers. One login will be provided for a Booth Owner or potential Booth Owner that purchases the Gold Booth Owner Package. Access to Booth Owner preferences will be available at anytime. A Booth Owner or potential Booth Owner that purchases the Gold Booth Owner Package will be listed as a matched Booth Owner on the Site. A Booth Owner or potential Booth Owner that purchases the Gold Booth Owner Package will be charged a monthly fee of nine hundred and ninety-nine dollars ($999.00). A Booth Owner or potential Booth Owner may purchase a twelve-month (12) Gold Booth Owner Package for ten thousand dollars ($10,000.00). In order to provide continuous service, ProductPals automatically renews all packages each year. If a Booth Owner or potential Booth Owner wishes to cancel the package, the Booth Owner or potential Booth Owner must contact ProductPals at customerservice@ProductPals.com.
Client Information: A Booth Owner or potential Booth Owner that accesses the Site and/or purchases a Booth Owner Package and accesses Client Information does so at its own risk. ProductPals makes no representations or guarantees as to the accuracy, validity or legitimacy of the Client Information. ProductPals disclaims any and all potential liability as to the use of the Client Information. ProductPals does not guarantee the ability of a client being prepared to receive or be approved for any particular loan product or amount.
Disclaimer of Warranty
No Warranties: THIS SECTION WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. PRODUCTPALS PROVIDES THE SERVICES ON AN "AS IS" AND "AS AVAILABLE" BASIS AND GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICES OR THE SITE (INCLUDING ALL INFORMATION CONTAINED THEREIN), INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON- INFRINGEMENT. PRODUCTPALS DOES NOT WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR- FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED. PRODUCTPALS DISCLAIMS LIABILITY FOR, AND NO WARRANTY IS MADE WITH RESPECT TO, THE CONNECTIVITY AND AVAILABILITY OF THE SERVICES.
Third-Party Content: Opinions, advice, statements, offers, or other information or content made available through the Site or Services, but not directly by ProductPals, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content. PRODUCTPALS DOES NOT: (i) GUARANTEE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION PROVIDED ON THE SERVICES, OR (ii) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN PRODUCTPALS. UNDER NO CIRCUMSTANCES WILL PRODUCTPALS BE RESPONSIBLE FOR ANY LOSS OR DAMAGE RESULTING FROM ANYONE?S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE SITE OR SERVICES, OR TRANSMITTED TO OR BY ANY USERS.
Beta Features: From time to time, ProductPals may offer new "beta" features or tools with which its users may experiment on the Site or Services. Such features or tools are offered solely for experimental purposes and without any warranty of any kind, and may be modified or discontinued at ProductPals? sole discretion. The provisions of this Disclaimer of Warranty section apply with full force to such features or tools.
Limitation of Liability
Incidental Damages and Aggregate Liability: IN NO EVENT WILL PRODUCTPALS BE LIABLE FOR ANY INCIDENTAL, SPECIAL, CONSEQUENTIAL OR INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SERVICES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OR CORRUPTION OF DATA OR PROGRAMS, SERVICE INTERRUPTIONS AND PROCUREMENT OF SUBSTITUTE SERVICES, EVEN IF PRODUCTPALS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES WILL PRODUCTPALS? AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT OR SUBSCRIPTION, OR, IF YOU HAVE NOT PAID PRODUCTPALS FOR THE USE OF ANY SERVICES, THE AMOUNT OF US$25.00 OR ITS EQUIVALENT.
No Liability for non-ProductPals Actions: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PRODUCTPALS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES.
Information Verification: ProductPals and its contractors may use various ways of verifying information that users have provided. However, none of those ways are perfect, and you agree that ProductPals and its contractors will have no liability to you arising from any incorrectly verified information.
You agree to indemnify, defend and hold harmless ProductPals, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys? fees) relating to or arisingout of (i) your use of or inability to use the Site or Services, (ii) any user postings made by you, (iii) your violation of any terms of this Agreement or your violation of any rights of a third-party, or (iv) your violation of any applicable laws, rules or regulations. ProductPals reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with ProductPals in asserting any available defenses.
Communication and Privacy
Term and Termination
This agreement will become effective upon your acceptance of the Agreement by your use of the Site or Services and will remain in effect in perpetuity unless terminated hereunder. Either you or ProductPals may terminate your account at any time, for any reason or no reason, without explanation, effective upon written notice to the other party. ProductPals reserves the right to immediately suspend or terminate your access to any of the Services, without notice, for any reason or no reason. We also reserve the right to remove your account information or data from our Services and any other records at any time at our sole discretion. In the event your access to any of the Services is suspended due to the breach of this Agreement, you agree that all fees then paid to ProductPals by you will be nonrefundable and all outstanding or pending payments will immediately be due. You may terminate your account by following the steps in the applicable section under "Cancellations" below.
Cancellation at Any Time with No Refund: Except as otherwise stated in this section, you may cancel your registration or subscription to any Service at any time during the term of such registration or subscription or any renewal period by accessing the "Account Settings" page on your membership home page, clicking on "Subscriptions" and clicking on "Cancel This Subscription," and providing the information requested. In such case your subscription will terminate at the end of the subscription term for which you have paid, and you will not receive any refund for any unused days of such subscription term.
Cancellation As a Result of Death or Disability: If by reason of death or disability you are unable to receive all Services for which you contracted, you or your estate may elect to be relieved of the obligation to make payments for the services other than those received before death or the onset of the disability.
"Disability" means a condition which precludes you from physically using the Services during the term of disability, and the condition is verified in writing by a physician designated and remunerated by you. Written verification from the physician must be presented to ProductPals
In order to provide continuous service, ProductPals automatically renews all paid subscriptions for the Services on the date such subscriptions expire. Such renewals are generally for the same duration as the original subscription (for example, a 1-year subscription will renew on a yearly basis). In addition, we sometimes offer special promotions that have renewal periods of different duration than the original subscription term. We always communicate renewal periods to you upon confirmation of your subscription and in the body of any special promotions that have renewal periods of different duration than the original subscription term. By entering into this Agreement, you acknowledge that your account will be subject to the above-described automatic renewals. In all cases, if you do not wish your account to renew automatically, please follow the directions set out under "Cancellation At Any Time With No Refund" above.
Controlling Law and Jurisdiction: You agree that Delaware law (without giving effect to its conflicts of law principles) will govern this Agreement, the Site and the Services and that any dispute arising out of or relating to this Agreement, the Site or the Services will be subject to the exclusive jurisdiction and venue of the federal and state courts in the Central District of Delaware. You acknowledge and agree that any violation of this Agreement may cause ProductPals irreparable harm, and therefore agree that ProductPals will be entitled to seek extraordinary relief in court, including but not limited to temporary restraining orders, preliminary injunctions and permanent injunctions without the necessity of posting a bond or other security, in addition to and without prejudice to any other rights or remedies that ProductPals may have for a breach of this Agreement.
Securities Statements: WE MAKE NO REPRESENTATIONS, WARRANTIES OR OTHER GUARANTEES OF ANY KIND AS TO THE ACCURACY, COMPLETENESS OR TIMELINESS OF ANY PRICE QUOTES, NOR DO WE MAKE ANY REPRESENTATIONS, WARRANTES OR OTHER GUARANTEES OF ANY KIND AS TO THE PRESENT OR FUTURE VALUE OR SUITABILITY OF ANY SALE, TRADE OR OTHER TRANSACTION INVOLVING ANY PARTICULAR SECURITY OR ANY OTHER INVESTMENT OF ANY KIND. You understand that we are not a broker or dealer in securities, and not an investment or financial advisor. You are solely responsible for your investment research. Prior to undertaking any securities transaction, you should consult a broker or other financial advisor with respect to the price, suitability, value or other aspects of any stock, mutual fund, security or other investment.
Governing Law: This Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to conflicts of laws provisions thereof, and without regard to the United Nations Convention of the International Sale of Goods. The jurisdiction and venue for actions related to the subject matter hereof shall be the Delaware State and United States Federal Courts located in Delaware, and each party hereby submits to the personal jurisdiction of such courts.