Terms and Conditions (Updated Jan 12, 2021)
- Your Representations.
In consideration of use of the Site and in consideration of Poppins providing the Services, you represent and warrant that all information provided to Poppins is true, accurate, current and complete. You further agree to update any information provided to Poppins to the extent necessary to keep it true, accurate, current and complete. You further represent and warrant that you are at least eighteen years of age and lawfully reside in the United States. You agree to indemnify and hold harmless Poppins and its affiliates from and against any and all fines, losses, or other damages resulting from the inaccuracy of any of your representations and warranties set forth in these Terms. You authorize Poppins to take whatever steps it deems necessary, in its sole discretion, to verify the accuracy of your representations and warranties.
- Your Responsibilities.
You acknowledge and agree that you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access; (b) provide all equipment necessary for you to make such connection to the World Wide Web, including a computer and modem or other access device; and (c) comply with all state, federal and local laws and regulations. You further agree not to resell or transfer the Site or use of or access to the Site.
By using the Website, including any applets, software, and content contained therein, you agree that use of the Site is entirely at your own risk.
THE SITE IS PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, SERVICES, UNINTERRUPTED ACCESS, OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE. SPECIFICALLY, POPPINS DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (1) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, USEFULNESS, OR CONTENT OF INFORMATION, PRODUCTS OR SERVICES AND (2) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTUOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. NEITHER POPPINS NOR ANY OF ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS OR CONTENT OR SERVICE PROVIDERS SHALL BE LIABLE TO YOU OR OTHER THIRD PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF USE OF THE SITE OR THE SERVICES OR INABILITY TO GAIN ACCESS TO OR USE THE SERVICES OR OUT OF ANY BREACH OF THE TERMS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, THE RESPECTIVE LIABILITY OF POPPINS, ITS EMPLOYEES, AGENTS, SUCCESSORS, ASSIGNS, AFFILIATES, WEBSITE CO-BRANDING PROVIDERS AND CONTENT OR SERVICE PROVIDERS RESPECTIVE LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY SUCH STATE LAW, AND IN NO EVENT SHALL IT EVER EXCEED THREE MONTHS OF THE MONTHLY RECURRING CHARGE.
Poppins charges a monthly fee, which is paid in advance on or about the first of every month. The monthly fee shall not be refunded if you terminate after the first day of the month. If you terminate prior to the last month of a quarter or year, there will be additional fees for Poppins to prepare and file tax documents at the end of the quarter or year. If you are given a free month, it will apply to the applicable calendar month. Poppins also charges for various non-standard items such as insufficient funds, reactivation, back tax calculations, late payroll revision, and manual tax preparation.
- Financial Services.
We may use Dwolla, Inc. to facilitate your payroll and tax payment financial transactions. Accordingly, you agree as follows:
- Intellectual Property.
Poppins is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing at this Web Site, and is the copyright owner or licensee of the content and/or information on this Website including but not limited to any screens appearing at the Site. You may not download and/or save a copy of any of the screens except as otherwise provided in these Terms, for any purpose. However, you may print a copy of the information on this Site for your personal use or records. If you make other use of this Site, except as otherwise provided above, you may violate copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to penalties. Poppins does not grant any license or other authorization to any user of its trademarks, registered trademarks, service marks, or other copyrightable material or other intellectual property, by placing them on this Website.
- Website Content and Links.
Poppins reserves the right to change any information on this Website including but not limited to revising and/or deleting features or other information without prior notice. Clicking on certain links within this Website might take you to other web sites for which Poppins assumes no responsibility of any kind for the content, availability or otherwise. The content presented at this Site may vary depending upon your browser limitations. You acknowledge and agree that Poppins and any of its website co-branding providers have no responsibility for the accuracy or availability of information provided by linked sites. Links to external web sites do not constitute an endorsement by Poppins or its website co-branding providers of the sponsors of such sites or the content, products, advertising or other materials presented on such sites. Information in the many web pages that are linked to Poppins's Website comes from a variety of sources. Some of this information comes from official Poppins licensees, but much of it comes from unofficial or unaffiliated organizations and individuals, both internal and external to Poppins. Poppins does not author, edit, or monitor these unofficial pages or links. You acknowledge and agree that Poppins and its Website Co-branding Providers 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 use of or reliance on any such content, goods or services available on such external sites or resources.
- Prohibited Conduct.
While using the Site or Services, you may not:
Poppins has no obligation to monitor the Site. However, you acknowledge and agree that Poppins has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect itself or its customers. Poppins will not intentionally monitor or disclose any private electronic-mail message unless required by law. Poppins reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, inappropriate or in violation of these Terms and to block users from certain IP addresses from accessing the Site.
restrict or inhibit any other user from using and enjoying the Site or Services; or
post or transmit any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, hateful, offensive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law, including without limitation the U.S. export control laws and regulations; or
post or transmit any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial communication (except as otherwise expressly permitted by Poppins) or engage in spamming or flooding; or
post or transmit any information or software which contains a virus, trojan horse, worm or other harmful component; or
post, publish, transmit, reproduce, distribute or in any way exploit any information, software or other material obtained through the Site for commercial purposes (other than as expressly permitted by the provider of such information, software or other material); or
upload, post, publish, transmit, reproduce, or distribute in any way, information, software or other material obtained through the Site which is protected by copyright, or other proprietary right, or derivative works with respect thereto, without obtaining permission of the copyright owner or rightholder; or
upload, post, publish, reproduce, transmit or distribute in any way any component of the Site itself or derivative works with respect thereto, as the Site is copyrighted as a collective work under U.S. copyright laws; or
use the Site or the Services to in any way assist or benefit a competitor of Poppins; or
use another users account with Poppins; or
use the Site or Services in any way that violates any state, federal or local law or regulation.
- Failure to Comply With Terms and Conditions and Termination.
You acknowledge and agree that Poppins may terminate your password or account or deny you access to all or part of the Site without prior notice if you engage in any conduct or activities that Poppins in its sole discretion believes violate any of the terms and conditions, violate the rights of Poppins, or is otherwise inappropriate for continued access. You acknowledge and agree that Poppins may in its sole discretion deny you access through Poppins to any materials stored on the Internet, or to access third party services, merchandise or information on the Internet through Poppins, and Poppins shall have no responsibility to notify any third-party providers of services, merchandise or information nor any responsibility for any consequences resulting from lack of notification. You agree to defend, indemnify and hold Poppins and its affiliates harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your breach or violation of these Terms.
- Agreement to Arbitrate.
This Section 8 is referred to in these Terms as the "Arbitration Agreement". Unless you opt-out in accordance with the opt-out procedures set forth below, you agree that any and all disputes or claims arising between you and Poppins or its affiliates related to these Terms, the Site or the Services shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Arbitration Agreement, except you may assert individual claims in small claims court, if your claims qualify. Your rights will be determined by a neutral arbitrator, not a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.
Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND POPPINS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND POPPINS AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIMS. ANY RELIEF AWARDED CANNOT AFFECT OTHER POPPINS CLAIMANTS.
- Opt-Out Procedure.
You can choose to reject this Arbitration Agreement by mailing Poppins a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section. The Opt-Out Notice must be postmarked no later than 30 Days after the date you accept these Terms for the first time (by using the Site or the Services). You must mail the Opt-Out Notice to Poppins Payroll, PO Box 44, Boulder, CO 80306. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address used to log in to the Poppins account (if applicable) to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, all other terms of these Terms will continue to apply. Opting out of the Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with Poppins or its affiliates.
- Arbitration Procedures.
Arbitration will be conducted by a neutral arbitrator in accordance with the American Arbitration Association's ("AAA") rules and procedures, including the AAA's Supplementary Procedures for Consumer-Related Disputes (collectively, the "AAA Rules"), as modified by this Arbitration Agreement. For information on the AAA, please visit its website, http://www.adr.org. Information about the AAA's Rules and fees for consumer disputes can be found at the AAA's consumer arbitration page, http://www.adr.org/consumer_arbitration. If there is any inconsistency between the AAA Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability limitations set forth herein. The arbitration shall be held in the county in which you reside or at another mutually agreed location. If the value of the relief sought is $10,000 or less you or Poppins may elect to have the arbitration conducted by telephone or based solely on written submissions, which election shall be binding on you and Poppins subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Poppins, unless the arbitrator requires otherwise. The arbitrator will decide the substance of all claims in accordance with the laws of the State of Colorado, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator shall not be bound by rulings in prior arbitrations involving different Poppins users, but is bound by rulings in prior arbitrations involving the same Poppins user to the extent required by applicable law.
- Costs of Arbitration.
Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be governed by the AAA's Rules, unless otherwise provided in this Agreement to Arbitrate. If you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Poppins will pay your portion of such fees. In addition, if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Poppins will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Poppins for all fees associated with the arbitration paid by Poppins on your behalf that you otherwise would be obligated to pay under the AAA's rules.
All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
If a court decides that any term or provision of this Arbitration Agreement other than Section 8(a) is invalid or unenforceable, the parties agree to replace such term or provision with a term or provision that is valid and enforceable and that comes closest to expressing the intention of the invalid or unenforceable term or provision, and this Arbitration Agreement shall be enforceable as so modified. If a court decides that any of the provisions of Section 8(a) is invalid or unenforceable, then the entirety of this Arbitration Agreement shall be null and void. The remainder of the Terms will continue to apply.
- Claims Outside Arbitration Agreement.
These Terms, and any dispute between you and Poppins, shall be governed by the laws of the State of Colorado without regard to principles of conflicts of law, provided that the Federal Arbitration Act shall govern the interpretation and enforcement of the Arbitration Agreement. Unless you and Poppins agree otherwise, in the event that the Arbitration Agreement is found not to apply to you or to a particular claim or dispute (except for small-claims court actions), either as a result of your decision to opt-out of the Arbitration Agreement or as a result of a decision by the arbitrator or a court order, you agree that any claim or dispute between you and Poppins must be resolved exclusively by a state or federal court located in the State of Colorado. You and Poppins agree to submit to the personal jurisdiction of the courts located within the State of Colorado for the purpose of litigating all such claims or disputes. The prevailing party in any such dispute shall be entitled to reimbursement of its costs and expenses relating to the proceeding, including reasonable attorneys fees, from the non-prevailing party.
- Security; Records.
Poppins is taking reasonable and appropriate measures, including encryption, to ensure that your personal information is disclosed only to those specified by you. However, the Internet is an open system and Poppins cannot and does not guarantee that the personal information you have entered will not be intercepted by others and decrypted. Poppins will maintain all records for a period of 5 years from record creation.
- Limitations on Service.
Poppins does NOT advise on state, federal or local labor laws and regulations or ensure that you are paying in accordance with applicable laws. Poppins does not provide worker’s compensation insurance. You should read your state statue regarding worker’s compensation to determine whether your situation requires you to purchase worker’s compensation insurance.
The failure of Poppins to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. These Terms shall be binding on and shall inure to the benefit of the legal representatives, successors and assigns of the parties hereto.