Terms and Conditions

General

Your use of the website at popsgoldengems.com (the "Website") and the information presented herein is governed by the following terms and conditions. The Website is provided by Pop’s Golden Gems ("Pop’s") and our third party service provider, iDeltaSEO ("iDeltaSEO"), which operates this Website pursuant to an agreement with Pop’s (Pop’s and iDeltaSEO, shall be collectively referred to herein as "we", "our" or "us"). Please read these Terms of Use (as defined herein) carefully. BY USING THE WEBSITE, YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THESE TERMS OF USE, WHICH INCLUDE THE PRIVACY POLICY AND ANY OTHER AGREEMENTS, POLICIES OR TERMS AND CONDITIONS INCORPORATED BY REFERENCE (COLLECTIVELY, THE "TERMS OF USE").

IF YOU ARE UNWILLING TO BE BOUND OR CANNOT COMPLY WITH THESE TERMS OF USE, YOU SHOULD NOT ACCESS THIS WEBSITE.

Eligibility

By accepting these Terms of Use through your use of the Website, you certify that you are at least 18 years of age. If you are under 18 but at least 13 years of age, you may use this Website under supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. Pop’s does not knowingly collect personal information about children under 13 years of age without prior parental consent. If we become aware that a child under the age of 13 has provided personal information to us, we will delete the information from our records. If you are a parent or legal guardian agreeing to these Terms of Use for the benefit of a child between the ages of 13 and 18, you are fully responsible for the child's use of this Website, including all financial charges and legal liability that may arise out of your child's usage of the Website.

Account Registration

You may be required to create an account (by submitting an email address and creating a password) to access certain services or areas of the Website. If you create an account, you agree to provide accurate and complete information. You also agree to update your account information in the event any of your information has changed. You may not enter or use an email address owned or controlled by another person with the intent to impersonate that person, or that is offensive, or that violates the intellectual property or other rights of any person. Failure to comply with the terms of this paragraph shall constitute a material breach of these Terms of Use, which may result in a rejection or immediate termination of your account. We further reserve the right to cancel, in our sole discretion, your account at any time.

Account Security

Your account shall be for personal non-commercial use only. You are responsible at all times for maintaining the confidentiality of your password. You are fully responsible for restricting access to your computer and all activities that occur under your account, whether or not you authorize such activities.  All commercial activity must be conducted at the preapproved direction of the executive management of Pop’s.  Contact for this activity can be initiated via email at admin@popsgoldengems.com.

Forward-Looking Statements

Some of the information contained on this Website may express or imply plans, objectives, financial projections, future operations or future economic performance. These, and similar statements, are forward-looking statements concerning matters that involve risks, uncertainties and other factors that may cause our actual performance to differ materially from those expressed or implied by these statements. All forward-looking information should be evaluated in the context of these risks, uncertainties and other factors.

The words "believe," "anticipate," "project," "plan," "expect," "estimate," "objective," "forecast," "goal," "intend," "will likely result," "will continue" and similar expressions generally identify forward-looking statements. Pop’s believes the assumptions underlying these forward-looking statements are reasonable; however, any of the assumptions could be inaccurate, and therefore, actual results may differ materially from those projected or implied in the forward-looking statements. The factors that may result in actual results differing from such forward-looking information include, but are not limited to:

  • our ability to maintain adequate liquidity through our cash resources and credit facilities;
  • our ability to comply with the terms of our credit facilities (or obtain waivers for non-compliance);
  • transportation and distribution delays or interruptions;
  • the impact of transportation costs from the "driver hours of service" regulations adapted by the Federal Motor Carriers Safety Administrator;
  • our ability to negotiate effectively the cost and purchase of merchandise;
  • inventory risks due to shifts in market demand;
  • changes in product mix;
  • interruptions in suppliers' businesses;
  • costs and potential problems and interruptions associated with implementation of new or upgraded systems and technology;
  • fuel price and interest rate fluctuations;
  • a deterioration in general economic conditions caused by acts of war or terrorism;
  • temporary changes in demand due to weather patterns;
  • seasonality of the Company's business;
  • delays associated with building, opening and operating new stores;
  • delays associated with building, opening, expanding and converting new or existing distribution centers;
  • the impact of the  state of Louisiana, SEC inquiry related to the restatement of certain of Pop’s's financial statements; and
  • other factors described from time to time in our filings with the  state of Louisiana, SEC and in press releases and other communications.

You are cautioned not to place undue reliance on these forward-looking statements, which speak only as of the date when made or otherwise expressly noted. Except as may be required by law, Pop’s disclaims any obligation to update or revise any forward-looking statements to reflect subsequent events, new information or future circumstances. You are advised, however, to consult any further disclosures Pop’s may make on related subjects in our documents filed with the  state of Louisiana, SEC, in press releases or in other official Pop’s communications.

Information and Press Releases

This Website may contain press releases, webcast information and other information about Pop’s. This content is provided for informational purposes only. While the information contained on this Website was believed to be accurate as of the date prepared, it may no longer be accurate or complete today. Pop’s disclaims any duty or obligation to update this information.

No Offers of Securities

This Website and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities. None of the information contained herein is intended to be, and no such information shall be deemed to be, incorporated into any of our securities law filings.

Privacy Policy

You acknowledge that any personal information that you provide through this Website will be used by Pop’s in accordance with its Privacy Policy. Please click here to view our Privacy Policy.

Third-Party Websites and Content

Our Website may contain display names, marks, products, pop up texts, advertisements of third parties and links to third-party websites ("Third Party Content"). This Third Party Content is provided solely as a convenience to you and not as an endorsement or adoption by us of the Third Party Content. We do not monitor and are not responsible for the Third Party Content or its accuracy or completeness, and we make no representations or warranties whatsoever regarding such Third Party Content. The Third Party Content also may contain opinions and viewpoints of third parties that are not our opinions or viewpoints. We do not control any Third Party Content and disclaim any responsibility for the use and protection by our third party vendors of any personal information collected by them, and we are not responsible for their privacy or security practices. We strongly recommend that you review and understand the terms and conditions, privacy policies, settings and information of each third party website. If you decide to leave our Website and access any Third Party Content, you do so at your own risk. In no event will we be liable, directly, or indirectly, to anyone for any damage or loss arising from or relating to any use, continued use or reliance on any Third Party Content, any products or other materials relating to any such Third Party Content, or any link contained in any Third Party Content.

Trademarks

POP’S®, the POP’S Logo, the Pop’s product names referenced on this Website and all other Pop’s trademarks and service marks ("Pop’s Marks") are trademarks and service marks or registered trademarks and service marks of Pop’s. Any unauthorized use of the Pop’s Marks is strictly prohibited. You acknowledge Pop’s exclusive rights to the Pop’s Marks and agree not to display or use the Pop’s Marks in any manner.

Other trademarks, trade names and service marks used or displayed on this Website are the registered and unregistered trademarks, trade names and service marks of their respective owners, including iDeltaSEO and its affiliates. Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, trade names, service marks or logos displayed on this Website without the written permission of Pop’s, iDeltaSEO or such other third party owner.

Copyrights

Except as otherwise provided, we own or have the rights to use all content contained on this Website, including without limitation the information, materials, text, graphics, site design, and the selection, assembly and arrangement thereof ("Content"). The Content is protected by copyright laws of the U.S. and other countries and may not be used for any commercial purpose or copied, distributed, modified, reproduced, performed, published, posted or reverse engineered in whole or in part without our prior written permission. We authorize you to view and print one copy of the materials only for your personal, informational, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials. Nothing in these Terms of Use shall be deemed to grant to you or any other individual viewing the Website any license or right in or to any Content or Pop’s Marks.

If you would like to obtain the permission to make any use of any of the materials on our Website not permitted by these Terms of Use, please contact us in writing at: Pop’s Golden Gems, P.O. Box 1086, Opelousas, LA 70571, Attn: Corporate Communications.

Digital Millennium Copyright Act Notice

Notice and Procedure for Making Claims of Copyright Infringement

Pop’s is committed to complying with U.S. copyright law and responding to claims of copyright infringement. Pop’s will promptly process and investigate notices of alleged infringement by third parties and will take appropriate actions as set forth herein.

Notifications of claimed intellectual property infringement should be sent to our Designated Agent in the manner described below:

Designated Agent: R. P. Briggs, Owner  / Operator.

By Mail: Pop’s Golden Gems, P.O. Box 1086, Opelousas, LA 70571

By Email: admin@popsgoldengems.com

You must provide all of the following information when providing notice of the alleged intellectual property infringement:

  1. A physical or electronic signature of a person authorized to act on behalf of the intellectual property owner;
  2. Identification of the intellectual property claimed to have been infringed;
  3. Identification of the material that is claimed to be infringing or to be the subject of the infringing activity, and that is to be removed or access to which is to be disabled, as well as information reasonably sufficient to permit Pop’s to locate the material;
  4. Information reasonably sufficient to permit Pop’s to contact the intellectual property owner, such as an address, telephone number, and, if available, an electronic mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the intellectual property owner, its agent, or law; and
  6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the intellectual property owner.

For more details on the information required for valid notification of copyright under the Digital Millennium Copyright Act, see 17 U.S.C. 512(c)(3).

Upon receipt of a valid notification of alleged copyright infringement by a third party, Pop’s shall remove or disable access to the material identified in the notice, and is required to take reasonable steps to notify the user who posted the allegedly infringing content ("Alleged Infringer"). The Alleged Infringer is allowed under the law to send Pop’s a counter-notification. If Pop’s receives a valid counter notification, it shall provide the complainant with a copy of the counter notification, inform the complainant that it will replace the removed material or cease disabling access to it in 10 to 14 days from receipt of the counter notification, and replace the removed material or cease disabling access to it in 10 to 14 business days, provided that Pop’s has not received notice from the complainant that an action has been filed seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on the Website.

You should be aware that, under the Digital Millennium Copyright Act, claimants who make misrepresentations concerning copyright infringement may be liable for damages incurred as a result of the removal or blocking of the material, court costs, and attorneys' fees.

Indemnity

As a condition of the use of this Website, you agree to defend, indemnify and hold harmless Pop’s and iDeltaSEO and their respective subsidiaries, affiliates, directors, officers, agents and employees from and against any claims, actions, demands, suits, costs, losses, liabilities, damages, investigations or inquiries, judgments, costs and expenses, including, but not limited to, reasonable attorneys' fees): (i) arising out of or otherwise relating to your access and/or use of this Website, (ii) any breach by you of these Terms of Use, or (iii) the infringement or other violation by you, or any third party using your account, of any intellectual property or other right of any person or entity.

Termination

These Terms of Use are effective unless and until terminated either by you or Pop’s. You may terminate these Terms of Use at any time, provided that you discontinue further use of this Website. Pop’s also may terminate these Terms of Use at any time and may do so immediately without notice, and accordingly deny you access to the Website, in our sole discretion if you fail to comply with any term or provision of these Terms of Use. Upon any termination of these Terms of Use by either you or Pop’s, you must promptly destroy all materials downloaded or otherwise obtained from the Website, as well as all copies of such materials. The following sections shall survive any termination of these Terms of Use: "Export Policy", "Trademarks", "Copyrights", "Website Security", "Disclaimer", "Indemnity" and "Miscellaneous."

Disclaimer/Limitation of Liability

You expressly understand and agree that:

  1. YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK, AND THIS WEBSITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. IF YOU ARE DISSATISFIED WITH THIS WEBSITE, ANY CONTENT ON THIS WEBSITE, OR THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
  2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS OF USE.
  3. ALL PRODUCTS PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS LISTED OR PURCHASED ON OR THROUGH THE WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE, CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

YOU ALSO EXPRESSLY UNDERSTAND AND AGREE THAT WE DO NOT ASSUME ANY RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES OR OTHER MALWARE THAT MAY INFECT YOUR COMPUTER, TELECOMMUNICATION EQUIPMENT, OR OTHER PROPERTY CAUSED BY OR ARISING FROM YOUR ACCESS TO, USE OF, BROWSING THE WEBSITE, OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE WEBSITE. YOU FURTHER EXPRESSLY UNDERSTAND AND AGREE THAT IN NO EVENT SHALL POP’S OR IDELTASEO, OR ANY OF THEIR AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS, SHAREHOLDERS AND AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR OTHER INTANGIBLE LOSSES UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THE WEBSITE. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS. IF ANY PART OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF POP’S OR IDELTASEO UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED TEN DOLLARS ($10).

LIMITATIONS OF LIABILITY OR CONSEQUENTIAL DAMAGES MAY NOT BE APPLICABLE IN CERTAIN JURISDICTIONS.

Merchandise Content Disclaimer

Product information accessed through this Website is obtained from claims made by the Product's manufacturer. Please note that, on occasion, manufacturers may alter their labels so the actual product packaging and materials may contain different information than that shown on the Website, thus we cannot guarantee the accuracy, completeness or timeliness of any product information. We recommend that you do not solely rely on the information presented and that you always read labels, warnings and directions before using or consuming any product. For additional information about a product, please contact the manufacturer. We assume no liability for inaccuracies or misstatements about any manufacturer's products.

Export Policy

You acknowledge that any purchased goods licensed or sold on this Website, which may include software or technology, are subject to the customs and export control laws and regulations of the United States of America and may also be subject to the customs and export laws and regulations of the country in which the products are manufactured and/or received. By purchasing, downloading or using technology or software from the Website, you agree to abide by the applicable laws, rules and regulations including, but not limited to, the Export Administration Act and the Arms Export Control Act, and you represent and warrant that you will not transfer, by electronic transmission or otherwise, the software or technology to a foreign national or a foreign destination in violation of law.

Order Confirmations, Pricing Errors or Inaccuracies

By confirming your purchase at the end of the checkout process, you agree to accept and pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred, including without limitation all shipping charges. Pop’s's acknowledgment of an order that you have placed means that your order has been received, not that it has been accepted or shipped. Pop’s reserves the right to refuse or cancel any orders placed for products where the sale or use of such products in your State is restricted and prohibited. You remain responsible for any taxes that may be applicable to any orders you have placed.

At this time we ship only lower 48 United States. We do not ship merchandise to any US Territories or any international locations.  Any other destination outside of the previously stated may be negotiated at the direction of Pop’s executive management, contact admin@popsgoldengems.com. 

We will use our best efforts to describe and display products accurately on the Website. However, there may be incidents where a product on the Website is mispriced, described inaccurately or no longer available. As a result, we cannot and do not guarantee the accuracy or completeness of any information that appears on the Website, including, but not limited to, prices, product descriptions, images of products, specifications or availability. Pop’s reserves the right to modify or replace information for any reason and at any time without prior notice. In the event of a pricing error on the Website, Pop’s reserves the right to cancel any orders resulting from such pricing errors. Please note that there may likely be instances where the prices on the Website for a particular product differ from the prices listed at a Pop’s retail store.

Product Limitations

Pop’s reserves the right, without prior notice: (i) to limit the available quantities of the products on the Website, (ii) to discontinue selling any product, (iii) to impose conditions on the honoring of, any coupon, coupon code, promotional code or other similar promotion, and (iv) to refuse to provide any person with any product. We further reserve the right to cancel multiple orders of a limited quantity item purchased by the same account, credit card, or orders that use the same billing and/or shipping address.

Colors of Products

Pop’s attempts to display the colors of the products shown on the Website as accurately as possible. However, as the actual colors you see depends on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.

Risk of Loss

The risk of loss and title to the products purchased on the Website pass to the purchaser upon delivery to the applicable carrier. You are responsible for filing any claims with carriers for damaged and/or lost shipments.

Returns

If you are not satisfied with any purchase of merchandise made on the Website, you may return it per the returns policy listed on the Website. Please note that no returns of merchandise purchased online will be accepted at any time or for any reason at Pop’s physical locations.

Rules for Promotions

All Sweepstakes, Contests and Promotions that are advertised on the Website shall be governed by their respective Official Rules. If you choose to participate in a Sweepstakes, Contest or Promotion, please ensure that you review the Official Rules as well as any applicable Privacy Policy prior to entering. In the event that the Official Rules of a Sweepstakes, Contest or Promotion conflict with these Terms of Use, the Official Rules of the Sweepstakes, Contest or Promotion will apply.

Website Security

You are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for you or logging onto a server or an account you are not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Website, overloading, "flooding," "spamming," "mailbombing" or "crashing;" or (d) sending unsolicited email, including promotions and/or advertising of products or services. Violations of system or network security may result in civil or criminal liability. Pop’s will investigate occurrences of such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who commit such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this Website. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website.

Miscellaneous

These Terms of Use constitute the entire agreement between you and us and govern your use of this Website. These Terms of Use supersede any prior or contemporaneous agreements between you and Pop’s. These Terms of Use, and the relationship between you and us, shall be governed by the laws of the State of Louisiana without regard to its conflict of law provisions. You and we agree to submit to the exclusive and personal jurisdiction of the courts located within the City of Opelousas, Louisiana. Our failure to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of that right or provision. If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, then you and we nevertheless agree that the court should endeavor to give effect to the intentions reflected in the provision, and the other provisions of these Terms of Use shall remain in full force and effect. The language of these Terms of Use shall be construed as to its fair meaning and not strictly for or against any party. To the extent that anything in or associated with the Website is in conflict with these Terms of Use, these Terms of Use shall take precedence.

Changes to Disclaimers and Terms of Use

These Terms of Use were posted on the Website on March 28, 2014 and modified on March 28, 2014. We reserve the right to change, modify or amend all or a portion of these Terms of Use at any time, so we encourage you to review it periodically. YOU ACKNOWLEDGE AND AGREE THAT YOUR CONTINUED USE OF THE WEBSITE FOLLOWING CHANGES TO THESE TERMS OF USE POSTED TO OUR WEBSITE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES.