Thank you for visiting Populr, an online publishing platform. Please
read these Terms of Service, as they are an integral part of using our
Site or Service, and you must completely agree to them in order to use
our website and service. Populr is a property of Trail Software, Inc. - a corporation incorporated
in the State of Delaware and having its principal place of business in
the State of Tennessee. Unless otherwise required or permitted by this
Agreement, our Privacy Policy, or any provision of law, all legal
documents to be served and all other inquiries should be delivered to
our agent for service at: Kindful Throughout this Agreement, we may use certain words or phrases, and it
is important that you understand the meaning of them. The list is not
all-encompassing and no definition should be considered binding to the
point that it renders this Agreement nonsensical: "Agreement" means these Terms of Service; "Kindful" refers to our company, known as "Trail Software, Inc."; our Site,
located at Populr; our Service; or a combination of all or some of
the preceding, depending on the context in which the word is used; "Service" refers to the services that we provide through our Site,
including but not limited to our publishing and hosting services, as
well as any other service or services which Kindful may provide; "Site" refers to our website, www.Populr.me and, without limiting the
generality of the foregoing, includes the third party Users' subdomains
and domains which may be hosted by us to the extent that Kindful may
place certain terms of this Agreement upon the use of those domains and
their content; "User" refers to users of our Service, whether paid or unpaid, and
general visitors to our Site; "You" refers to you, the person who is entering into this Agreement with
Kindful. Populr provides the ability for its Users to develop rich-media Pages
(Published One-Pagers), host that content, and engage in other
interactive and/or web marketing-related activities, regardless of
whether those activities have a commercial or non-commercial purpose. Populr is provided as a Software as a Service ("SaaS") and is considered
software rather than goods. As a result, our Service remains at all
times the property of Kindful and may not be reverse-engineered, resold,
copied, or otherwise replicated. You agree that when you purchase our
Service, you are purchasing a limited license which lasts according to
the subscription period or such earlier time as may be permitted by this
Agreement (such as in case of breach or early cancellation), and that
Kindful may terminate your license at any time and be liable only for
compensating you to the extent as is required by this Agreement. In order to use our Service, you must meet a number of conditions,
including but not limited to: Populr provides a content creation and hosting application for third
parties. We take no active part in encouraging or condoning any content
created or hosted using our Service. By using our Service, you agree to
release Kindful from any liability for any damages that may be caused by
the use of our Service by any party, whether it is Kindful or a third
party, such as one of our Users. Once you have signed up to Populr, you may use our Service to build your
Pages. The following rules apply to anyone who uses our Service, whether
as a User who creates Pages or who simply browses the subdomains of other
Users to view their content. You must not: Payment and billing will be conducted according to the rates and time
periods listed on our Site; all such payment terms are hereby
incorporated into this Agreement by reference. Unless otherwise stated,
all prices must be listed in United States dollars. If any payment or
subscription information is conflicting, the terms most beneficial to
Kindful shall take effect. All payments will be processed by the third party payment processor,
Stripe. Any issues with unremitted or held payments should be addressed
to Stripe or the other relevant third party that might be responsible
(for example, your card issuer). For information about how Stripe uses
your data, please visit: https://stripe.com/privacy Kindful may, but is not obligated to, provide discounts using coupon
codes or other methods. The discounts provided will be made according
to the information published on our Site, and if any information is
conflicting, the terms most beneficial to Kindful shall take effect. Kindful may refuse to provide such discounts for any reason including,
but not limited to, fraud, mistake on the part of our publication of
information, actual or expected financial hardship, sale of all or part
of our business, or any other reason. We may send an e-mail to the address associated with the coupon to warn
of its expiration, but we are not obligated to do so and are not liable
for any issues which may prevent its receipt (such as a spam filter
affecting its ability to be delivered to your e-mail account). You agree not to conduct a chargeback even if dissatisfied with our
Service. Instead, you agree to follow the "Forum of Dispute" rules
contained within this Agreement so that a uniform procedure is followed
for all disputes. If you conduct a chargeback, you agree that we may
send the matter to a collection agency, attorney, or other relevant
service provider to recover the amount you owe us as well as any fees
required for enforcing our rights under this section. As Populr's main business consists of permitting its Users to develop
content, and because our own content is used to market ourselves and
establish ourselves as unique in relation to competitors, you agree not
to copy, distribute, display, disseminate, or otherwise reproduce any of
the information on the Site, without receiving our prior written
permission, even if such content is owned by third party Users. You may
only copy third party User content if the User who has posted it has
given you permission to do so. Because Populr provides a content development and hosting service, we
must be assured that we have the right to use the content that is used
by Users to create Pages and other content. Such content may include,
but is not limited to, photographs, videos, text, audio, and other
materials. Whenever submitting content to our Site, you agree that you
are granting us a non-exclusive, universal, revocable, sublicensable,
commercial and non-commercial right to publish the content on your
behalf, which you may revoke by notifying us and giving us a reasonable
time to cease publishing the content. You warrant to us that you have
the right to grant us this right over the content, and that you will
indemnify us for any loss resulting from a breach of this warranty and
defend us against claims regarding the same. "Populr" is a trademark used by us, Trail Software, Inc., to uniquely
identify our Site, Service, and business. Although our trademark is not
registered with the United States Patent and Trademark Office, it is
protected by the general provisions of the Lanham Act, as well as
various statutes prohibiting unfair competition, and the tort of passing
off at the state level. You agree not to use this phrase anywhere
without our prior written consent. Additionally, you agree not to use
our trade dress, or copy the look and feel of our website or its design,
without our prior written consent. We may revoke our consent for your use of our intellectual property, or
any other permission granted to you under this Agreement, at any time.
You agree that if we so request, you must take immediate action to
remove any usage of our intellectual property that you may have engaged
in, even if it would cause a loss to you. Users must not post any documents, profiles, or other information that
infringes on anyone's copyright, but it may happen. We take copyright
infringement very seriously, and we have registered a Copyright Agent
with the United States Copyright Office, which limits our liability
under the Digital Millennium Copyright Act. If you believe that your
copyright has been infringed, please send us a message which contains: You must sign this notification and send it to our Copyright Agent at
howdy@populr.me. Since we request notification by e-mail, an electronic
signature is acceptable. Although U.S. law does not provide for a similar procedure for trademark
infringement, we recommend that you send us similar information to that
above in regards to any allegation of trademark infringement, and we
will address it as soon as practicable. Similar to the DMCA provisions above, United States law—specifically
Section 230 of the Communications Decency Act—creates a defense for us
for the actions of third parties in regards to any defamatory content
posted on our website. Although we are not liable for defamatory words
posted on our website by our Users even if given notice, we do prohibit
defamation under this Agreement and we may, if we believe the situation
warrants it, take action against the offending User. Please notify us
at howdy@populr.me if any of our Users have posted anything that you
believe is defamatory. Please note that we may require a court order from a court located
within the United States which declares the material unlawful before we
will take action, and that even with such an order, we may choose to not
take action, as is our right under the Communications Decency Act. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE MERCHANTABILITY OF
OUR SERVICE OR FITNESS FOR ANY PARTICULAR PURPOSE. YOU AGREE THAT YOU
ARE RELEASING US FROM ANY LIABILITY THAT WE MAY OTHERWISE HAVE TO YOU IN
RELATION TO OR ARISING FROM THIS AGREEMENT OR OUR SERVICES, FOR REASONS
INCLUDING, BUT NOT LIMITED TO, FAILURE OF OUR SERVICE, NEGLIGENCE, OR
ANY OTHER TORT. TO THE EXTENT THAT APPLICABLE LAW RESTRICTS THIS
RELEASE OF LIABILITY, YOU AGREE THAT WE ARE ONLY LIABLE TO YOU FOR THE
MINIMUM AMOUNT OF DAMAGES THAT THE LAW RESTRICTS OUR LIABILITY TO, IF
SUCH A MINIMUM EXISTS. YOU AGREE THAT WE ARE NOT RESPONSIBLE IN ANY WAY FOR DAMAGES CAUSED BY
THIRD PARTIES WHO MAY USE OUR SERVICES, INCLUDING BUT NOT LIMITED TO
PEOPLE WHO COMMIT INTELLECTUAL PROPERTY INFRINGEMENT, DEFAMATION,
TORTIOUS INTERFERENCE WITH ECONOMIC RELATIONS, OR ANY OTHER ACTIONABLE
CONDUCT TOWARDS YOU. WE ARE NOT RESPONSIBLE FOR THE ACTIONS OF ANY THIRD PARTY USER WHO USES
OUR SERVICE, INCLUDING BUT NOT LIMITED TO ANY MALICIOUS FILES,
DEFAMATORY CONTENT, OR INTELLECTUAL PROPERTY INFRINGEMENT THAT THEY MAY
PUBLISH. WE ARE NOT RESPONSIBLE FOR ANY FAILURE ON THE PART OF STRIPE OR ANY
OTHER THIRD PARTY INVOLVED IN PROCESSING YOUR PAYMENTS (SUCH AS YOUR
CREDIT CARD COMPANY OR BANK) TO DIRECT PAYMENTS TO THE CORRECT
DESTINATION, OR ANY ACTIONS ON THEIR PART IN PLACING A HOLD ON YOUR
FUNDS. WE ARE NOT LIABLE FOR ANY FAILURE OF THE GOODS OR SERVICES OF OUR
COMPANY OR A THIRD PARTY, INCLUDING ANY FAILURES OR DISRUPTIONS,
UNTIMELY DELIVERY, SCHEDULED OR UNSCHEDULED, DATA LOSS, SUBJECTION TO
HACKING, INTENTIONAL OR UNINTENTIONAL, ON OUR WEBSITE WHICH PREVENT
ACCESS TO OUR WEBSITE TEMPORARILY OR PERMANENTLY. THE PROVISION OF OUR SERVICE TO YOU IS CONTINGENT ON YOUR AGREEMENT WITH
THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. NOTHING IN THE
PROVISIONS OF THIS "REPRESENTATIONS & WARRANTIES" SECTION SHALL BE
CONSTRUED TO LIMIT THE GENERALITY OF THE FIRST PARAGRAPH OF THIS
SECTION. Notwithstanding any provision of these Terms, if your jurisdiction has
provisions specific to waiver or liability that conflict with the above
then our liability is limited to the smallest extent possible by law.
Specifically, in those jurisdictions not allowed, we do not disclaim
liability for: (a) death or personal injury caused by its negligence or
that of any of its officers, employees or agents; or (b) fraudulent
misrepresentation; or (c) any liability which it is not lawful to
exclude either now or in the future. IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC
STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE,
CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE
APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A
GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT
KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING
THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED
HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION
OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN
LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE
AFOREMENTIONED RELEASE. You agree to indemnify and hold us harmless for any claims by you or any
third party which may arise from or relate to this Agreement or the
provision of our service to you, including any damages caused by your
use of our website or acceptance of the offers contained on it. You
also agree that you have a duty to defend us against such claims and we
may require you to pay for an attorney(s) of our choice in such cases.
You agree that this indemnity extends to requiring you to pay for our
reasonable attorneys' fees, court costs, and disbursements. In the
event of a claim such as one described in this paragraph, we may elect
to settle with the party/parties making the claim, and you shall be
liable for the damages as though we had proceeded with a trial. This Agreement shall be governed by the laws in force in the State of
Tennessee. The offer and acceptance of this contract are deemed to have
occurred in the State of Tennessee. You agree that any dispute arising from or relating to this Agreement
will be heard solely by a court of competent jurisdiction in the State
of Tennessee. Specifically, where the subject matter of a dispute is
eligible for it, you agree that any disputes shall be heard solely
within the lowest court of competent jurisdiction having the authority
to hear civil matters in the State of Tennessee ("Small Claims Court"). If a dispute claims multiple claims and one or more of those claims
would be eligible to be heard by the Small Claims Court, you agree not
to bring the other claims against us and to instead proceed within the
Small Claims Court. If you would be entitled in a dispute to an amount exceeding the
monetary jurisdiction of the Small Claims Court, you agree to waive your
right to collect any damages in excess of the monetary jurisdiction and
instead still bring your claim within the Small Claims Court. You agree that if a dispute is eligible to be heard in Small Claims
Court but you would be entitled to an additional or alternative remedy
in a higher court, such as injunctive relief, you will waive your right
to that remedy and still bring the dispute within the Small Claims
Court. If you bring a dispute in a manner other than in accordance with this
section, you agree that we may move to have it dismissed, and that you
will be responsible for our reasonable attorneys' fees, court costs, and
disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or
relating to this Agreement will be responsible for the reimbursement of
the successful party's reasonable attorneys' fees, court costs, and
disbursements. You agree that we are not responsible to you for anything that we may
otherwise be responsible for, if it is the result of events beyond our
control, including, but not limited to, acts of God, war, insurrection,
riots, terrorism, crime, labor shortages (including lawful and unlawful
strikes), embargoes, postal disruption, communication disruption,
hacking or other malicious activities by third parties which overwhelm
our systems, unavailability of payment processors, failure or shortage
of infrastructure, shortage of materials, or any other event beyond our
control. In the event that a provision of this Agreement is found to be unlawful,
conflicting with another provision of the Agreement, or otherwise
unenforceable, the Agreement will remain in force as though it had been
entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with
each other's operation, Kindful shall have the sole right to elect which
provision remains in force. Kindful reserves all rights afforded to us under this Agreement as well
as under the provisions of any applicable law. Our non-enforcement of
any particular provision or provisions of this Agreement or any
applicable law should not be construed as our waiver of the right to
enforce that same provision under the same or different circumstances at
any time in the future. We may terminate your account or access as well as access to our Site
and Service to you at our discretion without explanation, though we will
strive to provide a timely explanation in most cases. Our liability for
refunding you, if you have paid anything to us, will be limited to the
amount you paid for goods or services which have not yet been and will
not be delivered, except in cases where the termination or cancellation
was due to your breach of this Agreement, in which case you agree that
we are not required to provide any refund or other compensation
whatsoever. Any undelivered portion of a subscription (such as for
hosting your Page) will be refunded on a pro rata basis if the
cancellation was not a result of your breach of this Agreement. Under no circumstances, including termination or cancellation of our
Service to you, will we be liable for any losses related to actions of
other Users. You may not assign your rights and/or obligations under this Agreement
to any other party without our prior written consent. We may assign our
rights and/or obligations under this Agreement to any other party at our
discretion. We may amend this Agreement from time to time. When we amend this
Agreement, an e-mail will be sent to you to notify you of this if you
are on our mailing list; if you are not on our mailing list, you must
check this page each time you access our Site or Service and agree to
any changes which occur. If you do not agree to the changes, you must
cease using our Site and Service immediately and use your account
settings to delete your account. Pursuant to California Civil Code Section 1789.3, any questions about
pricing, complaints, or inquiries about Populr must be addressed to our
agent for notice and sent via certified mail to: Kindful Lastly, California users are also entitled to the following specific
consumer rights notice: The Complaint Assistance Unit of the Division of
Consumer Services of the California Department of Consumer Affairs may
be contacted in writing at 1625 North Market Blvd., Sacramento, CA
95834, or by telephone at (916) 445-1254 or (800) 952-5210. We offer API access to our enterprise accounts. In such cases,
additional terms and modifications may apply, which will be listed in a
separate statement of work. Nothing in this Agreement shall be
construed as reducing any obligations under such separate terms. Last Modified: November 1, 20151. Introduction
2. Corporate Information
P.O. Box 2865
Brentwood, TN 37024
United States of America3. Definitions
4. Populr Service
5. Extent of License
6. Eligibility
7. Nature of Service
8. Rules of Conduct
9. Payment
10. Discounts
11. Chargebacks
12. Our Copyright
13. Your Copyright
14. Trademarks
15. Revocation of Consent
16. Copyright & Trademark Infringement
17. Communications Decency Act
18. Representations & Warranties
For Jurisdictions that do not allow us to limit our liability:##
19. Indemnity
20. Choice of Law
21. Forum of Dispute
22. Force Majeure
23. Severability
24. Non-Waiver
25. Termination & Cancellation
26. Assignment of Rights
27. Amendments
28. California Users and Residents
P.O. Box 2865
Brentwood, TN 37024
United States of America29. Additional Terms