Welcome to Performance Packaging of Nevada, LLC website, www.pouchpop.com (“Site”). Please review the following basic terms that govern your use of our Site. Please note that your use of our Site constitutes your agreement to follow and be bound by those terms (the “Agreement”).
Unless otherwise noted, all materials, including images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of this Site (collectively, the “Contents”) are copyrights, trademarks, trade dress and/or other intellectual properties owned, controlled or licensed by Performance Packaging of Nevada, LLC., and its subsidiaries and/or affiliates (collectively “Performance”). The Site as a whole is protected by copyright and trade dress, all worldwide rights, titles and interests in and to which are owned by Performance and all other trademarks appearing at this Site are trademarks of Performance. The Contents of our Site, and the Site as a whole, are intended solely for personal, noncommercial use by the users of our Site. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software.
User Comments, Feedback, Postcards and Other Submissions
All comments, feedback, postcards, suggestions, ideas, and other submissions disclosed, submitted or offered to Performance on or by this Site or otherwise disclosed, submitted or offered in connection with your use of this Site (collectively, “Comments”) shall be and remain Performance property. Such disclosure, submission or offer of any Comments shall constitute an assignment to Performance of all worldwide rights, titles and interests in all copyrights and other intellectual properties in the Comments. Thus, Performance will own exclusively all such rights, titles and interests and shall not be limited in any way in its use, commercial or otherwise, of any Comments. Performance is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay to user any compensation for any Comments; or (3) to respond to any user Comments. You agree that no Comments submitted by you to the Site will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You further agree that no Comments submitted by you to the Site will be or contain libelous or otherwise unlawful, abusive or obscene material. You are and shall remain solely responsible for the content of any Comments you make.
We may from time to time change the terms that govern your use of our Site. Your use of our Site following any such change constitutes your agreement to follow and be bound by the terms as changed. We may change, move or delete portions of, or may add to, our Site from time to time.
From time to time there may be information on wellementsbaby.com that contains typographical errors, inaccuracies, or omissions. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice. We apologize for any inconvenience this may cause you.
Product and Pricing Information
Although Performance has made every effort to display our products and their colors as accurately as possible, the displayed colors of the products will depend upon the monitor of the user, and Performance cannot guarantee that the user’s monitor will accurately portray the actual colors of the products. Products displayed may be out-of-stock or discontinued, and prices are subject to change. Performance is not responsible for typographical errors regarding price or any other matter.
Links to Other Web Sites and Services
To the extent that this Site contains links to outside services and resources, the availability and content of which Performance does not control, any concerns regarding any such service or resource, or any link thereto, should be directed to the particular outside service or resource.
THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE, AND THAT WELLEMENTS SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE.
This Site is controlled and operated by Performance from its offices in Las Vegas, Nevada. This Agreement shall be construed in accordance with the laws of the State of Nevada, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state and federal courts of the State of Nevada, and Las Vegas County.
This Agreement is effective unless and until terminated by either you or Performance. You may terminate this Agreement at any time. Performance also may terminate this Agreement at any time and may do so immediately without notice, and accordingly deny you access to the Site, if in Performance sole discretion you fail to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or Performance you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.