- Membership Eligibility
Age: NOPPS’ services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. NOPPS may, in its sole discretion, refuse to offer access to or use of the Services to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Services is revoked in such jurisdictions.
Individuals under the age of 18 must at all times use NOPPS’ services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In all cases, the adult is the user and is responsible for any and all activities.
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by NOPPS’ policies as stated in the Agreement (if applicable to your activities on or use of the Services) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by NOPPS, each of which is incorporated herein by reference and each of which may be updated by NOPPS from time to time without notice to you
In addition, some services offered by NOPPS may be subject to additional terms and conditions promulgated by NOPPS from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
If we believe or discover that you are abusing NOPPS in any of the ways mentioned above or otherwise, we may, in our sole discretion, take any steps to prevent and mitigate such abuse such as limiting, suspending, or terminating your user account(s) and access to our Services, delaying or removing hosted content, removing any special status associated with your account(s), reducing or eliminating any discounts, and taking technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a long time or modify or discontinue our Services. Additionally, we reserve the right to refuse or terminate our Services to anyone for any reason at our discretion.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify NOPPS of any unauthorized use of your password or any breach of security. You also agree that NOPPS cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than NOPPS without NOPPS’ express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell courses or content on NOPPS you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account. This information will also be used for payouts and withdrawals by users.
Account Transfer: You may not transfer or sell your NOPPS account and User ID to another party. You are responsible for all activity of the account and User ID. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
- Our Marketplace Agreement
NOPPS acts as a marketplace to allow users who comply with NOPPS’ policies to offer, sell and buy courses and educational content within a digital format. Online transactions are made by and between a Seller and a Buyer only. NOPPS is not directly involved in the transaction between buyers and sellers and shall not be considered as a party. NOPPS.org does not represent Seller or Buyer in any online transaction. NOPPS.org will not be responsible for the quality, safety, lawfulness or availability of the products, services, or content offered under any online transaction and/or the ability of either Seller or Buyer to complete any online transaction. As a result, NOPPS has no control over, is not responsible for and does not guarantee the existence, accuracy, exactness, quality, safety, morality or legality of items listed, the truth or accuracy of users’ content or listings; the ability of sellers to sell items; the ability of buyers to pay for items; or that a buyer or seller will actually complete a transaction or return an item. You agree that you will not hold NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC.., NOPPS.org and our affiliates and agents liable for any losses, damages, claims, liabilities, costs or expenses arising from any online transactions, including any breach, partial performance or non-performance of the online transaction by the other party to the transaction.
You agree that NOPPS is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on NOPPS. You use NOPPS’ service at your own risk.
- Fees and Billing
Joining as a member and/or instructor/contributor on NOPPS is free. For instructors/contributors NOPPS charges a percentage of the sale price when the item sells, also known as a commission fee. The commission fee is 6% of the item price. This percentage does not include any applicable taxes. Seller will also incur the typical Stripe processing fee of 2.9% + $0.30 per successful transaction. Sellers are responsible for and will incur the commission fee and transaction and/or processing fees. Payouts to sellers will be done via PayPal. A minimum of ten dollars ($10) is required in your NOPPS account for withdrawals.
NOPPS’ Fees Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy are effective after NOPPS provides you with at least fourteen (14) days’ notice by posting the changes on the Site. In the event NOPPS introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD).
License: NOPPS does not claim ownership rights of your Content. You grant NOPPS a license solely to enable NOPPS to use any information or Content you supply NOPPS with, so that NOPPS is not violating any rights you might have in that Content. You grant NOPPS a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow NOPPS to store, translate, or reformat your Content on NOPPS and display your Content on NOPPSin any way NOPPS chooses.
As part of a transaction, you may obtain personal information, including email address and shipping information, from another NOPPS user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for NOPPS-related communications. NOPPS has not granted you a license to use the information for unsolicited commercial messages or unauthorized transactions. Without limiting the foregoing, without express consent from the user, you are not licensed to add any NOPPS user to your email or physical mail list.
Reposting Content: By posting Content on NOPPS, it is possible for an outside website or a third party to repost that Content. You agree to hold NOPPS harmless for any dispute concerning this use. If you choose to display your own NOPPS-hosted image on another website, the image must provide a link back to its listing page on NOPPS.
- Information Control
NOPPS does not control the Content provided by users that is made available on NOPPS. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Other Resources: NOPPS is not responsible for the availability of outside websites or resources linked to or referenced on the Site. NOPPS does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that NOPPS shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
- Resolution of Disputes and Release
Disputes with NOPPS: In the event a dispute arises between you and NOPPS, please contact NOPPS. Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Delaware, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. (“JAMS”) then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Delaware. Use of the Services is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and NOPPS agree that any cause of action arising out of or related to the Services (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Disputes with Users or Third Parties: In the event a dispute arises between you and another user or a third party, NOPPS encourages you to contact the user or third party to resolve the dispute amicably.
If a buyer and seller are unable to resolve a dispute resulting from a transaction that occurs on NOPPS, they may choose to participate in NOPPS’s case system in order to resolve the dispute. Cases are escalated for review and resolution by NOPPS. NOPPS provides its dispute resolution process for the benefit of users. NOPPS does so in NOPPS’s sole discretion, and NOPPS has no obligation to resolve disputes between users or between users and outside parties. To the extent that NOPPS attempts to resolve a dispute, NOPPS will do so in good faith based solely on NOPPS’s policies. NOPPS will not make judgments regarding legal issues or claims.
You may also report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.
You release NOPPS (and NOPPS’ officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with disputes with one or more users, or an outside party.
- NOPPS’ Intellectual Property
NOPPS, and other NOPPS graphics, logos, designs, page headers, button icons, scripts, and service names are trademarks, trademarks, or trade dress of National Organization of Professional pooper Scoopers, LLC. in the U.S. and/or other countries. NOPPS’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that may cause confusion.
Without limiting any other remedies, NOPPS may, without notice, and without refunding any fees, delay or immediately remove Content, warn NOPPS’ community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
NOPPS reserves the right to suspend and/or terminate a person’s account or any accounts held by that person by virtue of association, including all usernames under which that person operates on NOPPS.
- Liability Limit
IN NO EVENT SHALL NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS, LLC., NOPPS AND (AS APPLICABLE) SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR NOPPS’ SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, NOPPS SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. NOPPS IS NOT RESPONSIBLE IN ANY WAY IN REGARDS TO HOW AN NOPPS CERTIFIED COMPANY, EMPLOYEE, OR INDIVIDUAL CONDUCTS THEMSELVES IN THE MARKETPLACE OR ANY OTHER LINE OF WORK THEY MAY ENGAGE IN.
YOU AGREE TO INDEMNIFY AND HOLD NATIONAL ORGANIZATION OF PROFESSIONAL POOPER SCOOPERS,LLC., NOPPS, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.