THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT” OR “TERMS”) IS A LEGAL AGREEMENT BETWEEN YOU (“YOU”, “YOUR”, OR “CUSTOMER”) AND POPLINEN, LLC (“WE”, “POPLINEN”, THE “COMPANY”), THE OWNER AND OPERATOR OF THE WWW.POPLINEN.CO WEBSITE (THE “SITE”) AND THE RELATED POPLINEN RETAIL X AND PARTNER RETAIL STORES (“RETAIL”). THIS AGREEMENT STATES THE TERMS AND CONDITIONS THAT GOVERN YOUR USE OF THE SITE AND APPLICATION OF ALL SERVICES, RETAIL STORES, RETAIL X, FEATURES, GIFT CARDS, CREDITS AND RESOURCES AVAILABLE OR ENABLED VIA THE SITE AND/OR APPLICATIONS (COLLECTIVELY, WITH THE SITE AND APPLICATIONS, THE “SERVICES”), AND YOUR PURCHASE OF PRODUCTS AND GOODS SOLD THROUGH OUR SERVICES. BY ACCESSING AND USING ANY OF THE SERVICES, YOU ARE INDICATING THAT YOU ACCEPT, AND AGREE TO COMPLY WITH, THIS AGREEMENT. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT PERMITTED TO, AND YOU MUST NOT, ACCESS OR USE THE SERVICES OR PURCHASE PRODUCTS FROM POPLINEN, LLC., OR ANY OF ITS SUBSIDIARIES.

By signing up for a POPLINEN Account (as defined below) or shopping online or at a Poplinen Pop-up or Partner Retail Store, you represent, acknowledge and agree that you are at least 18 years of age, or if you are under 18 years of age but are at least 13 years old, that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to enter into this Agreement. If you are a parent or legal guardian who is registering for a child, you hereby agree to bind your child to this Agreement and to fully indemnify, release and hold harmless Poplinen if your child breaches or disaffirms any term or condition of this Agreement.

PLEASE BE ADVISED THAT THIS AGREEMENT CONTAINS PROVISIONS THAT GOVERN HOW DISPUTES BETWEEN US ARE RESOLVED, WHICH INCLUDE A JURY TRIAL WAIVER AND A CLASS ACTION WAIVER.

  • 1. Changes to services; personal information/privacy
  1. Changes to the Services: Poplinen may add to, change or remove any part of the Site, including, without limitation, any Content (as defined below) therein, at any time without prior notice to you.
  2. Personal Information: Customers agree to provide accurate, current, and complete information as required for the purchase of the Products and Services (both as defined below in Section 3a). Poplinen reserves the right to block further sales to Customers who provide false, inaccurate or incomplete data. Customer acknowledges that Poplinen uses a third party payment processing service to process orders and bill fees to your credit, debit, or other Company accepted payment method (“Payment Method”).
  3. Privacy: By using any Services and/or purchasing any of our products at Retail or any other venue you consent to the collection, transfer, manipulation, storage, disclosure and other uses of your information as described in detail in our Privacy Policy (available for your review at https://www.poplinen.co/). Irrespective of which country you reside in or supply information from, you authorize Poplinen to use your information in the United States and any other country where Poplinen operates as described herein. Accordingly, please be sure to read our Privacy Policy before using the Services, purchasing products, or submitting information to us. If you have any questions regarding our privacy practices, please email us at info@poplinen.co
  • 2. Passwords; use license; chat sessions
    1. Passwords: You may log in to the Site and Applications by using your login credentials for an existing account on various third party websites, which may change from time to time, including, without limitation, Twitter, Facebook and LinkedIn (“Third Party Site Login Credentials”) and, if applicable, configure your privacy settings in your third party website account to permit your activities on this Site to be shared with your contacts in your third party Site account (as further detailed in our Privacy Policy). Notwithstanding the foregoing, you agree that your use of any third party website through which you log in to our Site and Applications using your Third Party Site Login Credentials is governed by the terms and conditions of such third party website’s terms of use and privacy policy, including, without limitation, such third party website’s password and account security policies and user-generated content posting and acceptable use policies. You are responsible for maintaining the confidentiality of your passwords, and you are responsible for all activities that occur using your passwords or accounts. You agree not to share your passwords, let anyone else access your passwords or do anything else that might jeopardize the security of your passwords. You agree to notify Poplinen if there is any unauthorized use of your password or if you know of any other breach of security in relation to the Services.
    2. User License: Subject to your compliance with this Agreement, Poplinen hereby grants you a limited, personal, revocable, non-transferable, non-sub-licensable, and non- exclusive license to access the Services and use the content, information, text, images, graphics, interfaces, audio and video clips and any other materials displayed through the Services (collectively, the “Content”), solely for your personal, non-commercial use. You may not copy, modify, reproduce, publicly display or perform, distribute, or otherwise use the Content except as expressly set forth in this Agreement. You may not remove any copyright or other proprietary notices from any Content. If you breach any term of this Agreement, your authorization to use the Services and Content automatically terminates without notice to you. You hereby represent and warrant that you will not, and will not induce any third party to: (i) attempt to disable or circumvent any security mechanisms used by the Services or Content or otherwise attempt to gain unauthorized access to any portion of the Services or Content or any other systems or networks connected to the Site, or to any server of Poplinen or its third party service providers, by hacking, password “mining”, or any other illegal means; (ii) use any “deep-link”, “page-scrape”, “robot”, “spider”, or other automatic device, program, algorithm or methodology, or any comparable manual process, to access, acquire, copy, or monitor any portion of the Services or Content; (iii) use any device, software or routine to interrupt or interfere with, or attempt to interrupt or interfere with, the proper operation and working of the Services or with any other person’s use of the Services; (iv) track or seek to trace any information on any other person who visits the Site or Applications, or uses our Services; (v) use the Services or Content for, or in connection with, any illegal purpose, to solicit, facilitate, encourage, condone, or induce any illegal activity, or as otherwise prohibited by this Agreement or applicable laws, rules or regulations; or (vi) copy, modify, create a derivative work of, reverse engineer, decompile, or otherwise attempt to extract the source code of any proprietary software used to provide, maintain, or otherwise applicable to the Site, Applications, Services, or Content.
    3. Chat Sessions: Poplinen offers the ability to enter into an instant messaging session (“Chat Sessions”) with a Poplinen Customer Hospitality representative (“CH Crew”). In order to maintain a high standard of service and provide a safe environment for its CH Crew, Poplinen reserves the right to refuse, discontinue, and/or block you from Chat Sessions for acts we consider to be inappropriate, such as unreasonable demands, misrepresentations, personally threatening or offensive language, and/or erratic behavior or acts that violate the Terms of Service. If you do not agree to the Terms of Service, including these provisions relating to the Chat Sessions, please do not use the Chat Session service. Due to account security restrictions the CH Crew are not able and will not fulfill certain types of requests. If your request requires making a payment OR canceling your order, please log onto your account or email Customer Hospitality at frontdesk@poplinen.co to complete such transactions. The CH Crew may request your account login user name, email address, or other personally identifiable information in order ensure the identity and security of the chat. The CH Crew is NOT supposed to ask you for your password or Payment Method information to confirm your account. If a CH Crew representative asks for your password or payment information, please immediately discontinue the Chat session and email Poplinen at frontdesk@poplinen.co
    4. Text Messaging: If you send an SMS or text message to Poplinen, you consent to receiving a reply via text message from Poplinen and agree to these Terms of Service and Poplinen’s Privacy Policy.  If you sign up for our Poplinen’s SMS program, you also agree to receive tracking updates for your Poplinen shipments and other accounts updates via text. You represent that you have the authority to agree to receive SMS text messages on the telephone number that you provided to us.  Message frequency depends upon your activity.  Standard message and data rates may apply from your mobile carrier and you are responsible for any such charges or fees.  SMS text messaging is not available in all areas and at all times, and not all mobile devices or handsets may be supported.  Poplinen is not liable for any delayed or undelivered messages. Poplinen reserves the right to terminate the SMS texting service, in whole or in part, at any time without notice. To stop receiving SMS text messages and/or notifications from Poplinen, text “STOP” to 12345.  You hereby consent that following your STOP request, we will send you a SMS text message to confirm that we have processed your request.
  • 3. Terms of sale
    1. Sales of Products and Goods to End Users Only: Poplinen sells clothing, accessories, and other related goods and supplies (the “Product(s)”) to end-user customers who purchase Products (“Goods”) only for their own personal, non-commercial use. You may not purchase Products or Goods for further distribution or resale or for any other commercial or business purpose.
    2. Pricing: Pricing for Products and Goods (including any applicable shipping and handling fees) can be found on Poplinen’s then-current pricing page located on the Site. The price that we will charge you for the Products and Goods will be the price as posted on the Site or in Retail on the date you successfully placed and order on the Site. Poplinen reserves the right to change prices for Products and Goods at any time, and does not provide price protection or refunds in the event of promotions or price decreases.
    3. Refunds: If you are dissatisfied with one of our Products or Goods for any reason, Poplinen will refund the amount paid for the Product or Good. Refund requests must be made directly to Poplinen in Retail or at frontdesk@poplinen.co. All returns must be postmarked within twenty-one (21) days of the date of shipment by Poplinen. Poplinen is not liable for Products that are damaged or lost in transit to Poplinen. Promptly following Poplinen’s receipt of your request (typically within five (5) business days), Poplinen will credit the amount paid for the returned Product (less any shipping and handling costs/fees related to the original purchase, which are non-refundable) to the Payment Method you used to make the original purchase. Notwithstanding the foregoing, Poplinen does not control when a specific credit card or payment method company processes a chargeback transaction. You are responsible for contacting your credit card or payment method company if you have questions about the status of the chargeback. Poplinen will not provide a refund for a return that is postmarked more than twenty-one (21) days after the date of original shipment. Let us know if possible to update. Poplinen also does not provide a refund for returned Products that are damaged due to misuse, lack of care, mishandling, accident, abuse or other abnormal use.
    4. To ensure a positive shopping experience for all our customers, if we identify through analysis an unreasonable return pattern, we may restrict or refuse future transactions from such customers at Poplinen physical stores. pop-ups, or at www.poplinen.co.
    5. Payment Methods: Poplinen accepts various Payment Methods. You agree to pay all fees charged to your account based on Poplinen’s fees, charges, and billing terms in effect as shown on the payment page when you check out from the site with the Products you wish to purchase. You are also responsible for paying any sales and use taxes and shipping and handling fees that may apply to your purchase of Products or Goods based on the address that you provide as the shipping address when you register for a Poplinen account, and you authorize Poplinen or the third party payment processing service provider that we engage to charge your Payment Method for any such taxes and fees. All payments shall be made by your selected Payment Method in advance prior to shipping the Products. If you do not pay on time or if your Payment Method cannot be charged for any reason, Poplinen reserves the right to either suspend or terminate your account, cancel your order, redirect or request abandonment of the delivery of the Product and terminate these Terms of Service. All sales and payments will be in US dollars. Poplinen and Poplinen's third party payment service provider may receive updated Payment Method information from your credit card or payment method issuer. The disbursement of the updated Payment Method information is provided to Poplinen and Poplinen's third party payment service provider at the election of your credit card and payment method issuer. Neither Poplinen nor Poplinen's third party payment service provider is responsible for the distribution of your credit card or payment method information. It is at the sole election of your credit card or payment method issuer. Your credit card or payment method issuer may give you the right to opt out of the update service. It is your responsibility to contact your credit card or payment method issuer with regards to your right to opt out of the update service.
    6. Shipping and Product Acceptance: The shipment date will be determined according to whichever date is closer to the date of the Customer’s first purchase date. Shipping dates are estimates only. All shipments are sent via the U.S. Postal Service or a suitable third- party carrier. The risk of loss and title for all Products purchased via the Site pass to the Customer upon delivery of the item to the carrier.
  • 4. Gift cards (coming soon)
    1. Purchasing and Redemption: By purchasing Poplinen Gift Cards ("Gift Cards"), you agree and represent that your use of the Gift Cards will comply with this Agreement and all applicable laws, rules, and regulations, and that you will not use the Gift Cards in any manner that is misleading, deceptive, unfair, or otherwise harmful to consumers or Poplinen, including its investors, officers, employees, agents, servants, assignees, subsidiaries, or any other Poplinen-related entity. A Site account is not required in order to purchase a Gift Card. If the Gift Card is purchased for an individual other than you, the recipient of the Gift Card shall be notified via email at the email address you provide during the purchase. In the event the recipient does not have a Site account at the time of receiving the email, they will be prompted to create a Site account in order to redeem the Gift Card. A Site account is required in order to redeem a Gift Card. You may purchase Gift Cards for any value between $10 and $300 US dollars. The amount of the Gift Card you purchase shall be charged to you according to your selected payment option when you confirm the purchase of the Gift Card. If the purchase of a Gift Card is part of a promotional campaign wherein purchase of a Gift Card at a predetermined dollar amount is awarded with additional Poplinen credits (“Poplinen Credits”), these Poplinen Credits shall only be available for use after the total amount of Gift Cards has been exhausted. In all circumstances Poplinen Credits shall be used only after the exhaustion of Gift Cards. Personal information that you provide in connection with the purchase or redemption of Gift Cards will be governed by the Poplinen Privacy Policy. Gift Cards and Poplinen Credits may only be redeemed toward the purchase of eligible products on the Site. Redemption of Gift Cards and Poplinen Credits on the Site is subject to change in Poplinen's sole discretion. Purchases are deducted from the Gift Card balance. Any unused balance will be placed in the recipient's Poplinen account (“Poplinen Credits Balance Display”) when redeemed. If an order exceeds the amount of the Gift Card, the balance must be paid with a Payment Method or other payment method accepted by Poplinen. You may be able to obtain your gift card balance by contacting Poplinen Customer Hospitality at frontdesk@poplinen.co. The Gift Card balance shared with you by a Poplinen customer service agent is an estimate only. In most cases, the balance is adjusted immediately when you make a purchase online, but there may be occasions when the updated balance is delayed for a period of time. Gift Cards never expire.
    2. Use and Limitations: Gift Cards may only be purchased and redeemed by persons residing in the 50 United States and the District of Columbia, and may only be used on the Site (www.poplinen.co). Gift Cards may not be purchased through or redeemed for the purchase of products at any other website operated by Poplinen, its affiliates, or any other person or entity, except as indicated by these terms and conditions. Gift Cards cannot be used to purchase other gift cards. To the fullest extent of the law, Gift Cards cannot be reloaded, resold, transferred for value, or applied to any other account. Unused Gift Card balances in a Site account may not be transferred. Poplinen Gift Cards may not be resold by any unauthorized vendor under penalty of law; unlawful resale or attempted resale is grounds for cancellation without compensation. We will not honor gift cards purchased through an unauthorized vendor, including, without limitation, any Internet auction sites. Gift Cards are not returnable or refundable for cash except in states where required by law. Notwithstanding the foregoing reason sentence, if a balance of less than $5 remains on a Gift Card owned by a New Jersey resident following redemption we will refund the balance in cash upon the owner's request to frontdesk@poplinen.co. Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising, or other promotional activities (including without limitation via websites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts) unless you obtain Poplinen's prior written approval. Use of Poplinen’s name, logo, trade dress (including any image/likeness of the Gift Cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Poplinen Gift Cards is strictly prohibited. Furthermore, the use of Poplinen Gift Cards in any manner that states or implies that any person, website, business, product, or service is endorsed or sponsored by, or otherwise affiliated with, Poplinen or any of its subsidiaries or affiliates is prohibited.
    3. Risk of Loss: If your Gift Card is lost or stolen, immediately contact customer service at frontdesk@poplinen.co. Your Gift Card will be cancelled and after an internal investigation, we will issue a new Gift Card with the remaining balance, if any. Lost or stolen Gift Cards cannot be replaced without the original confirmation email sent to the email account provided to Poplinen. Poplinen and its affiliates shall have no liability to you for:
      1. lost or stolen Gift Cards; or
      2. use of any Gift Cards by third parties through your Site account.
    4. You are solely responsible for keeping the username and password for your Site account safe and for any activity conducted under your account. Notwithstanding the above, the risk of loss and title for Gift Cards pass to the purchaser upon our electronic transmission to the purchaser, recipient, or delivery to the carrier, whichever is first and/or applicable. We are not responsible if a Gift Card is lost, stolen, destroyed, or used without your permission.Fraud: Poplinen shall have the right to close member accounts or any related account(s) if Poplinen suspects a Gift Card is being used in a fraudulent manner to make purchases on the Site. If a fraudulently obtained Gift Card is redeemed and/or used to make purchases on the Site or any of its affiliated websites set forth above Poplinen shall immediately suspend the Gift Card and may recoup the amount of the Gift Card by charging the amount from the Credit or Debit Card supplied. Poplinen may also cancel or remove any and all Poplinen Credits on the member accounts and/or any related account(s). Poplinen has a zero-tolerance Fraud policy and it is the responsibility of the account holder to secure their account and Gift Card.
    5. Limitation of Liability & Gift Cards: IN THE EVENT A GIFT CARD CODE IS NON- FUNCTIONAL, UNLESS SUCH NON-FUNCTIONALITY IS DUE TO THE GIFT CARD BEING FULLY REDEEMED, OUR SOLE LIABILITY SHALL BE FOR THE REPLACEMENT OF SUCH GIFT CARD CODE.
    6. Issuer: Gift Cards are issued by Hey Bui LLC, a California LLC.
  • 5. Proprietary rights
    1. You hereby acknowledge and agree that Poplinen or its licensors own all legal right, title and interest in and to the Service and Content, including, without limitation, any and all intellectual property and other proprietary rights which subsist in the Services and Content, whether such rights are registered or unregistered, and wherever in the world those rights may exist. Poplinen is a trademark of Poplinen, LLC in the United States. Other trademarks, names and logos on this Site are the property of their respective owners. Unless otherwise specified in this Agreement, all information and screens appearing on the Services, including Content, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of Poplinen, LLC, Copyright © 2018 Poplinen, LLC. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
  • 6. Product ideas/submissions
    1. Poplinen and its personnel do not accept or consider unsolicited ideas, including, without limitation, ideas for new advertising campaigns, new promotions, new or improved products or technologies, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (“Submissions”) in any form to Poplinen or any of its employees. The sole purpose of this policy is to avoid potential misunderstandings or disputes when any of Poplinen‘s products, services or marketing strategies might seem similar to ideas submitted to Poplinen. If, despite our request that you not send us your ideas, you still submit them, then regardless of what your correspondence says, the following terms shall apply to your Submissions. You agree that:
      1. Any Submission (including its complete contents) by you to Poplinen will automatically become the property of Poplinen, without any compensation to you;
      2. Poplinen may use or redistribute any Submission and its contents for any purpose and in any way, without any compensation to you;
      3. Poplinen has no obligation to review any Submission; and
      4. Poplinen has no obligation to keep any Submission confidential, and no confidential relationship may be established by or inferred from any such Submissions to, or the consideration of your Submissions by, Poplinen.
  • 7. Third party sites
    1. Third Party Web Sites: The Site may provide links to third party Sites that are not owned or controlled by Poplinen, including, without limitation, Facebook, Twitter and LinkedIn (“Third Party Sites”). We provide such links solely as a convenience to you. Poplinen does not review, approve, endorse, or make any representations about such Third Party Sites, the companies or persons who own and/or operate them, or any information, software or other products and services made available through such Third Party Sites, or any results that may be obtained from using them. You should exercise common sense and your own judgment, and if you decide to access any Third Party Sites linked to the Site, you do so entirely at your own risk, and you are solely responsible for your activities conducted in connection with such Third Party Sites. Your use of Third Party Sites is subject to the terms of use and privacy policies located on the linked to Third Party Sites which may be different from this Agreement or our Privacy Policy, including, without limitation, such Third Party Sites’ password and account security policies and user-generated content posting and acceptable use policies.
  • 8. Notice and procedure for claims of copyright information
    1. If you believe that any Content, User Material, or other material contained on this Site or the App, including through a link, infringes your copyright, you should notify Poplinen of your infringement claim in accordance with the procedures below. We will process each notice of alleged infringement that Poplinen receives and take appropriate action in accordance with applicable intellectual property laws. A notification of claimed copyright infringement should be emailed to Poplinen’s copyright agent at legal@poplinen.co (subject line: “DMCA Takedown Request”). You may also contact us by mail or facsimile at:
      1. Attention: Copyright Agent
      2. Poplinen, LLC.
      3. 821 Traction Avenue
      4. Los Angeles, CA 90013
    2. To be effective, the notification must be in writing and contain the following information: (i) a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located that is reasonably sufficient to enable Poplinen to identify and locate the material; (iv) how Poplinen can contact you, such as your address, telephone number, and email address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material. Emails sent to legal@poplinen.co for purposes other than communication about copyright infringement may not be answered. Poplinen has a policy of terminating repeat infringers in appropriate circumstances.
  • 9. Dispute and arbitration; class action waiver; choice of law
    1. Arbitration Agreement; Class Waiver; Waiver of Trial by Jury. Please read this Section (“Arbitration Agreement”) carefully. It is part of your contract with Poplinen and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
      1. Informal Resolution. Most customer concerns can be resolved quickly and to a customer’s satisfaction by writing to our customer service department at frontdesk@poplinen.co or Poplinen, Attn: Customer Service, 821 Traction Avenue, LA, CA. 90013. In the unlikely event that our customer service department is unable to resolve a complaint you may have to your satisfaction, the terms of this Section 10 govern dispute resolution between us.
      2. Applicability of Arbitration Agreement. All claims and disputes in connection with the Agreement or the use of any product or service provided by Poplinen that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement. This Arbitration Agreement applies to you and Poplinen, and to any of Poplinen's licensors, suppliers, dealers or third party vendors, subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Agreement. Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute resolution provision. Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with this Arbitration Agreement (“Arbitration Rules”). The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800- 778-7879. Any hearing will be held in a location within one hundred (100) miles of your residence, unless you reside outside of the United States (in which case hearing will be held in the capital of your country), and unless the parties agree otherwise. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
      3. Authority of Arbitrator. The arbitrator will decide the rights and liabilities, if any, of you and Poplinen, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim. The arbitrator shall have the authority to award monetary damages and to grant any non- monetary remedy or relief available to an individual under applicable law, the Arbitration Rules, and the Terms. The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and Poplinen.
      4. Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Poplinen in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND POPLINEN WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
      5. Waiver of Class or Consolidated Actions. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes shall be resolved in a court located in Los Angeles County, California.
      6. 30-Day Right to Opt Out. You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out to the following address: Poplinen, Attn: Legal Department, 821 Traction Ave., LA, CA. 90013within 30 days of purchasing a any Product or Good. If you send this notice, then the Arbitration Agreement will not apply to either party and you must litigate pursuant to subparagraph xii below. If you do not send this notice, then you agree to be bound by this Arbitration Agreement.
      7. Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Arbitration Agreement shall continue in full force and effect.
      8. Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Poplinen.
      9. Modification. Notwithstanding any provision in the Agreement to the contrary, we agree that if Poplinen makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to Poplinen.
      10. Small Claims Court. Notwithstanding this Section 10, either you or Poplinen  may bring an individual action in small claims court.
      11. Courts. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (except for actions brought in small claims court), the parties hereby agree to submit to the personal jurisdiction of the courts located in Los Angeles County, California for such purpose.
    2. Choice of Law: This Agreement is governed by the Federal Arbitration Act, applicable federal law, and the laws of the state of California, without regard to its conflicts of laws rules. Foreign laws do not apply. If any provision of the Agreement is invalid under the law of a particular jurisdiction, that provision will not apply in that jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from this Agreement.
  • 10. Electronic communications; general terms
    1. Electronic Communications: Whenever you visit our Site or send emails to us, you are communicating with us electronically. For that reason, you also consent to receive communications from us electronically. We will communicate with you by email (if you have provided your email address to us), by text (if you send a SMS or text message to Poplinen), by posting notices on our Site or by such other means as we may determine from time-to- time. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, to the extent permitted by applicable law.
    2. General Terms: Poplinen may issue a warning, temporarily suspend, indefinitely suspend or terminate any Customer’s right to use or access all or any part of the Site, Applications, or other Services including any account thereon, without notice, for any reason in Poplinen’s sole discretion, including without limitation breach of this Agreement, Poplinen’s belief that such access would violate any applicable law, rule or regulation or would be harmful to the interests of, or potentially cause financial loss or legal liability to Poplinen or another user of the Services. This Agreement and the Privacy Policy constitute the entire agreement between you and Poplinen regarding its subject matter. Poplinen will not be responsible for failures to fulfill any of its obligations due to causes beyond its control. The failure of Poplinen to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. Subject to Section 10a(v), if any part of this Agreement is held invalid, illegal or unenforceable, that provision shall be enforced to the maximum extent permissible so as to maintain the intent of this Agreement, and the other parts will remain in full force and effect. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The parties shall at all times and for all purposes be deemed to be independent contractors and neither party nor its agents may bind the other party. The parties acknowledge and agree that this Agreement and all related documents that may be drawn up are only valid in the English language. This Agreement shall not be interpreted or construed to confer any rights or remedies on any third parties, except that each indemnified Poplinen Party shall be a third party beneficiary hereunder. Poplinen may assign or transfer its rights, or delegate any performance, under this Agreement to a third party in its sole discretion. Customer may not assign or otherwise transfer its rights, or delegate its performance, under this Agreement to any third party without in each and every case, Poplinen’s express prior written consent. All terms which by their nature are intended to survive any termination of this Agreement, or any termination of your use of the Site, Applications, other Services, Content, Products or Goods shall survive such termination.