Terms and Conditions

This site is provided by American VoxPop, LLC on an "AS IS" basis. American VoxPop, LLC makes no warranties of any kind, expressed or implied, regarding the operation of this site or the information, content, or products appearing on this site. To the fullest extent permissible by law, American VoxPop, LLC disclaims all warranties, expressed or implied, including but not limited to implied warranties of merchantability or fitness for a particular purpose, and also such warranties for any merchandise offered on this site. This disclaimer does not apply to any product warranty offered by the manufacturer of any product sold on this site.

In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. American VoxPop, LLC, its employees, officers, agents, and suppliers shall not be liable for any damages of any kind arising from the use of this site, including direct, indirect, incidental, punitive, or consequential damages, whether in contract, negligence, or tort, even if American VoxPop, LLC knew or should have known of the possibility of such damages. Your use of this website is at your sole risk. If you are dissatisfied with the website or content of the site, your exclusive remedy is to discontinue using the site.

All products sold on this site are for adult use only, and by ordering on this site, you certify that you are of legal age and not prohibited from purchasing the products. Merchandise listed herein is not for sale in any state, district, or territory where the receipt, possession, sale, or use of any such merchandise is prohibited.

General Laws:User shall only use the System in compliance with generally accepted Internet practices and in compliance with all laws whose jurisdiction and subject matter are applicable to User's use of the System, including without limitation, the CAN-SPAM Act (15 U.S.C. § 7701-7713), the US Copyright Act (17 U.S.C. § 101 et seq.), US export control laws, and such other laws as may be applicable to the User Data and User's use of the System. These laws include, where appropriate, any non-US laws applicable to User's Data and its use of the System, or the same by any User Affiliate.

Texting:User shall only use American VoxPop's texting features in compliance with generally accepted Internet practices and in compliance with all applicable laws and regulations whose jurisdiction and subject matter are applicable to User's use of phone numbers and texting, including without limitation, the Telephone Consumer Protection Act and the Federal Communication Commission's TCPA Declaratory Ruling and Order. Further, User agrees to only use American VoxPop's texting features in accordance with the then-current messaging principles and best practices published by CTIA – The Wireless Association, as published on its website available at ctia.org/positions/messaging.

Each party represents and warrants that (i) it has the necessary and full right, power, authority and capacity to enter into this Agreement and to perform its obligations hereunder; (ii) it will comply with all laws and regulations applicable to its provision, or use, of the American VoxPop System, as applicable; (iii) it owns or controls the rights granted or licensed to the other party herein; and (iv) that the execution and performance of its obligations under this Agreement will not violate any known rights of any third party, any contractual commitments, or any applicable federal or state law or regulation.

User represents and warrants that (i) it has not falsely identified itself nor provided any false information to gain access to the American VoxPop System and that its billing information is correct, and (ii) the Submitted Content it submits to the System will not contain any viruses, Trojan horses, worms, time bombs, cancelbots, or other computer-programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information.

American VoxPop Indemnification Obligations:American VoxPop shall indemnify, defend, and hold User and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with a claim alleging that the American VoxPop Services or System knowingly infringe the intellectual property rights of a third party, provided that User (a) promptly gives written notice of the claim to American VoxPop; (b) gives American VoxPop sole control of the defense and settlement of the claim (provided that American VoxPop may not settle or defend any claim unless it unconditionally releases User of all liability); (c) provide to American VoxPop all available information and assistance; and (d) have not compromised or settled such claim. Such indemnification is subject to the Limit of Liability except that the amount of any governmental fine or penalty will not count towards the aggregate dollar limit. Notwithstanding the foregoing, in no event shall American VoxPop have any obligations or liability under this section arising from any Submitted Content provided by User's Authorized Users.

User Indemnification Obligations: User shall indemnify, defend, and hold American VoxPop and its parent organizations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all third-party claims, costs, damages, losses, liabilities and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with (i) User's material breach of its obligations under this Agreement; (ii) User's Prohibited Use of the System; or (iii) any dispute between User and User's Supporters or Custom Contacts. Such indemnification is subject to the Limit of Liability except that the amount of any governmental fine or penalty will not count towards the aggregate dollar limit.