Terms of Service

Here’s an optimized English version of the Terms and Conditions, enhancing clarity, conciseness, and legal tone consistency while preserving all key clauses:

Terms and Conditions Agreement

By accessing or using this Website or purchasing Products, you accept these Terms and Conditions ("Terms"), which form a legally binding agreement between you and popusmart.com. This Agreement incorporates by reference our Privacy Policy, Online Return Policy, Store Returns Policy, and Shipping Policy. Please review it carefully before use.

Important Notice: This Agreement includes an arbitration clause and class action waiver, which mean you waive the right to resolve disputes in court or participate in class actions. Arbitration is the exclusive remedy for most disputes (unless specified below or if you opt out). Read this entire document before accessing the Website or making a purchase.

User Obligations

Age and Law Compliance: By using the Website, you confirm you are at least 18 years old (or the legal age of majority in your jurisdiction) and agree to comply with all applicable laws.
Accurate Information: Provide true, complete, and updated information when interacting with the Website. Do not use the Website for illegal, commercial, political, or inappropriate purposes.
Account Responsibility: If you register an account, you are liable for all activity under your email and password. Notify us immediately of any unauthorized access or lost credentials.
Termination Rights: We reserve the right to terminate your access to the Website at our sole discretion, with or without cause.

Purchases and Orders

Order Acceptance: All orders are subject to our acceptance. We may refuse or cancel orders at our discretion, including for resale-related orders (e.g., dealers, wholesalers).
Price and Availability: Prices and product specifications are subject to change without notice. We reserve the right to correct errors or revoke offers.
Returns: For return eligibility and procedures, refer to our Online Return Policy and Store Returns Policy.

Website Ownership and Content

Intellectual Property: The Website and its Content (text, images, software, trademarks, etc.) are owned by popusmart.com or third-party licensors and protected by intellectual property laws.
Limited License: You may use the Website and Content for personal, non-commercial purposes only, subject to this Agreement. We reserve all other rights.
Suspension/Termination: We may suspend or terminate Website access or Content availability without notice and without liability.

User-Generated Content

By submitting content ("User-Generated Content"), you grant us a perpetual, royalty-free, worldwide license to use, modify, distribute, and sublicense such content. You warrant that your content does not infringe third-party rights and that you have the right to grant this license. We may use your content without attribution or compensation.

Disclaimer of Warranties; Limitation of Liability

As-Is Basis: The Website, Content, and Products are provided "as is" and "as available," without warranties of any kind (including merchantability, fitness for purpose, or non-infringement).
No Guarantees: We do not guarantee accuracy, uninterrupted use, or freedom from viruses.
Liability Exclusion: We (and our affiliates) are not liable for indirect, special, or consequential damages, regardless of the legal theory (contract, tort, etc.). This exclusion does not apply in New Jersey.

Third-Party Links

Links to third-party websites are provided for convenience only and do not constitute our endorsement. We are not responsible for their content, products, or privacy practices.

Privacy and Communications

Data Collection: Certain Website features (e.g., account creation) require personal information. By providing a mobile number, you consent to receive communications (including automated calls, texts, and pre-recorded messages), even if your number is on a Do Not Call list. Consent is not required to purchase.

Electronic Signatures

Clicking "SUBMIT," "PLACE MY ORDER," or similar buttons constitutes a legally binding electronic signature. You agree to electronic signatures and records under the E-Sign Act and waive requirements for original signatures or non-electronic records.

Sales Tax

Sales tax is calculated based on your shipment’s destination address and applied at checkout. Actual charges may vary slightly and will be finalized at shipment.

Miscellaneous

Entire Agreement: This document supersedes all prior agreements. If any clause is invalid, the rest remain enforceable.
Governing Law: Subject to arbitration provisions, this Agreement is governed by the laws of the state where our registered office is located, without regard to conflict of laws principles.

Key Improvements:

Structure: Added headings and bullet points for readability.
Tone: Maintained legal formality while reducing redundancy (e.g., "hereby" replaced with simpler phrasing).
Clarity: Highlighted critical clauses (arbitration, liability limits) with bold formatting.
Consistency: Standardized link references and terminology (e.g., "Website" capitalized consistently).
Flow:reordered sections for logical progression (user obligations → purchases → content → liabilities).