Pozess

Terms & Conditions

Terms & Conditions

General / Overview

pozess.com  is owned and operated by Hotdealsatwork.com llc.. The following Terms & Conditions shall apply to the relationship between Hotdealsatwork.com llc, www.pozess.com and its associated mobile sites (collectively "pozess" or the terms “we”, “us” and “our”), and the end user ("You" or "Your") and the use of products or services available through pozess. By using pozess's services, You accept these Terms & Conditions, as well as the manner in which pozess operates. These Terms & Conditions constitute the entire agreement between pozess and You and supersede and replace all prior commitments, undertakings, or representations, whether written or oral, between You and pozess with respect of Your use of pozess.

Information on pozess, such as the "FAQ" section, are only recommendations and are not intended as rules or guidelines. pozess is not liable or responsible for the actions of users or other individuals who have read or been informed of such information or other written material.

If You have any questions, concerns, or comments about these Terms & Conditions, please email us at info@pozess.com.

Acceptance of Terms & Conditions

If You do not agree to the Terms & Conditions, do not use pozess. If You access, use, or download in any way any service from pozess, You agree to and are bound by these Terms & Conditions.These Terms and Conditions have been executed and delivered by you and constitute and valid agreement between You and pozess, enforceable against you in accordance to their terms.

You represent that you are 1) at least 18 years of age, 2) of legal age to form a binding contract and 3) not a person barred from recieving services under the laws of United States or other applicable jurisdiction.

You shall register at pozess to be eligible to purchase and use the products and services from pozess, in strict compliance with these Terms and Conditions and all applicable laws and regulation

Changes to Terms & Conditions

pozess may change (add to, delete, or amend) the Terms & Conditions from time to time, with or without prior notice. It is Your responsibility to review any revised Terms & Conditions. Should You find any subsequent revisions to the Terms & Conditions unacceptable, You must cease using pozess's services. By continuing to access, use, or download in any way any service from pozess, You agree to and are bound by the Terms & Conditions as revised.

Eligibility

If You use pozess, You are solely responsible for preserving the confidentiality of Your account and password and for restricting access to Your computer. You agree to accept responsibility for all activities that occur under Your account or password. pozess sells products for children, but it sells them to adults, who can purchase with a credit card or other permitted method of payment. If You are under 18, you may use pozess only with the involvement of a parent or guardian. pozess, in its sole discretion, reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders.

You must reside in one of the 50 states of the United States or Washington D.C.

pozess reserves the right to limit in its sole discretion the number of user accounts per household. A single credit card may not be used in conjunction with multiple user accounts. pozess limits the number of user accounts per natural person to one. Exceptions may apply – contact support for any questions.

Use of the Services

You are responsible for your use of the Services, for any information you choose to make available, for any transactions you participate in and for any consequences thereof.

You may use the Services only if you are of legal age and have the capacity to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You may use the Services only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.

The Services that pozess provides are always evolving and the form and nature of the Services that pozess provides may change from time to time without prior notice to you. In addition, pozess may need to stop (permanently or temporarily) providing the Services (or any features within the Services) to you or to users generally if we determine it necessary and may not be able to provide you with prior notice.

In order to use certain Services, you will need to register with pozess, create a username and provide certain information about yourself as prompted by the registration form, including a valid email address and physical address. You may not use a username for the purpose of impersonating another person or entity, including staff or any other representative of pozess. We reserve the right to remove or reclaim inactive usernames or usernames on behalf of businesses or individuals that hold trademark or other legal claim on those usernames. By creating an account, you agree to abide by these Terms and provide accurate information. Unless you are an agent authorized to bind another person and you are acting under their direction, you may not create an account for anyone other than yourself. We reserve the right to suspend or terminate your account if any information provided proves to be inaccurate, false, or otherwise in violation of these Terms.

Registering

You may register only once with pozess, and You must provide a postal address where You reside (P.O. boxes or similar arrangements are not permitted). You agree not to have more than one account. You must not provide misleading information when registering. Your chosen username must not be offensive, rude, disparaging, or intended to deceive or delude other pozess users. Your username may not advertise for other websites or services or otherwise violate the intellectual property rights of any third party.

If pozess receives information that Your username is illegal or in breach of these Terms & Conditions as evaluated in pozess's sole discretion, Your user account may be frozen until You change the username. pozess also may permanently close Your account without prior notice to You for violating these Terms & Conditions.

Password

You are responsible for keeping Your user account password confidential. pozess will never ask for Your password except during login. You should never provide Your password to anyone, including pozess's employees. User accounts are non-transferable. Only You may use Your user account. You agree to be liable for all offensive or unlawful activities that are undertaken using Your user account. We encourage you to use strong passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account. You must immediately notify pozess of any unauthorized use of your account, or if you have reason to believe that your password was lost, stolen, disclosed to an unauthorized third party, or otherwise may have been compromised. pozess is not liable for any loss or damage arising from your failure to comply with the above requirements.

Account Termination

pozess reserves the right to temporarily or permanently terminate Your account at pozess's sole discretion if it determines or suspects You have violated these Terms & Conditions, any laws, or the rights of other users or other third parties. Examples of unauthorized usage include, but are not limited to a violation of the live sale rules below, the creation of multiple accounts by the same individual or other fraudulent account activity or behavior, failure to ship items on time, excessive negative feedbacks. You agree that if pozess, in good faith and in its sole discretion, determines that You have breached these Terms & Conditions, pozess may withhold, cancel, or otherwise retain any and all of Your pending deliveries.

How pozess Works

pozess is a real time marketplace to buy or sell consumable physical products including but not limited to apparel, shoes, jewelry, accessories, home, electronics and lifestyle. Products are showcased both in a seller’s closet and in rapid fire live sales where prices of every item start from an already discounted price and drops every second for a short time till the first person locks the item price hitting a freeze button, the price at which you hit the freeze button is the price You pay for the product. Once You hit the freeze button You have 15 minutes to complete the purchase using Paypal or Credit card. You may also choose to purchase products by browsing different categories of products and clicking the Buy Now button and completing the checkout process.

If You would like to sell products simply snap photos of your products, enter a title, description, and details such as size, brand names (if applicable) and the condition of the product. Enter a maximum price, sale price and a minimum acceptable price and your item goes live in your closet and is ready to be sold. Your product then gets queued for a live sale in the category that you have listed it under and when your product goes live the prices start dropping from your sale price before the first person freezes the price and the item is sold.

Once an item is frozen or the time runs out another item from the same category takes its place and the cycle continues.

Once your product is sold you can then ship the item using one of our shipping services. The price of shipping gets added to the price of the item at checkout.

Selling

If you use the Services to sell items, you agree to abide by Seller Rules ("Seller Rules"), which are hereby incorporated by reference. These rules are detailed in the pozess help (FAQ) section and are subject to change. You agree to pay pozess's fees detailed under the fees section, to assume full responsibility for the images, content and details of your listing and your products offered for sale. You agree to display information accurately about your listings, to ship items purchased by buyers promptly after payment, to provide a valid credit card or verified PayPal address, to adhere to all listing rules and restrictions and to respond to enquiries from pozess in a timely manner. You will not list any items that are prohibited by law or are otherwise prohibited by our Seller Rules. You are solely responsible for the collection and payment of any and all applicable taxes, levies, or other applicable fees associated with your sales of items. You will not to transfer your pozess account, including feedback and your user ID, to any other party without our consent.

pozess uses Paypal for processing payments and fees. These requirements represent a subset of the full Seller Rules, which are described in detail on the pozess help section and in the Services. If you do not agree to these Seller Rules, do not list items for sale. Failure to comply with any of the Seller Rules may result in your account being suspended or banned from participating in the Services

You may also add a link to your existing online e-commerce store or other e-commerce sales channels. You are the sole owner for the content of the external links and are responsible for the content, images and description. The links must not represent any fraudulent, malicious, pornographic, racially sensitive, hateful or any other objectionable content. Violating this rule may result in suspension or revocation of your account with or without prior notice at the discretion of pozess.

After an user has purchased a product listed by you it is your responsibility to ship the product on time as specified in your listing description. Buyers pay shipping fees based on the weight of the item and it is your responsibility to accurately enter the weight of the item. You should also choose the appropriate carrier for shipping your products. Buyers can choose the different delivery modes during checkout and pay accordingly for shipping.

In the event of any conflict between the text in these Terms and Conditions and the Seller Rules, the Seller Rules will prevail.

Content

pozess allows you to list content related to products you offer. The content You make available, post, or display will be viewable by other users of the Services. You should take appropriate steps to ensure the content is appropriate, non-offensive and accurate in describing your products. All images must follow the image posting guidelines posted in our FAQ section.

All Content is the sole responsibility of the person who originated such Content, including its legality, reliability, and appropriateness. We do not monitor or control the Content posted via the Services, and we cannot take responsibility for such Content. Any use of or reliance on any Content or materials posted via the Services or obtained by you through the Services is at your own risk.

We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services. You understand that by using the Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will pozessr be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Services or broadcast elsewhere.

pozess may offer a catalog of items, which may include photos, descriptions, and other information provided by third parties. pozess cannot guarantee that the information contained in such catalog will be accurate or up to date, and you agree not to hold such third party Content providers, or pozess, responsible for any inaccuracies.

Any Content you provide must comply with the Seller Rules, as described in the FAQ section (which are hereby incorporated by reference and are part of these Terms and describe what content is prohibited on the Services). You are responsible for your use of the Services, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and our third party partners. pozess is not responsible or liable for any use of your Content by pozess in accordance with these Terms. You represent and warrant that (i) you have all the rights, power and authority necessary (you own it or have the right to use it) to grant the rights granted herein to any Content submitted; and (ii) the posting of such Content on or through the Service does not violate any privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person or entity.

You have the ability to edit, delete or modify content You list through our admin panel. pozess does not take responsibility or liability for such actions.

In the event of Your account suspension or deletion of Your account you can request your listing to be de-activated and removed from public viewing. Content will be removed from public viewing as soon as is practical, (although back-up copies may survive for archival and record keeping purposes), provided, however, in certain instances, copies of your Content may continue to exist in published or recorded form when it has been retransmitted, redistributed, or otherwise. We are not responsible or liable for the removal or deletion of (or the failure to remove or delete) any Content on the Services. We retain the right to create limits on use and storage at our sole discretion at any time with or without notice.

By submitting, posting or displaying Content on or through the Services, you grant us and our third-party service providers and partners a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). You agree that this license includes the right for us to make such Content available to other users of the Services, who may also use your Content subject to these Terms to take advantage of the Services. No compensation will be paid with respect to the Content that you submit, post, transmit or otherwise make available through the Services, even if used by other companies, organizations or individuals who partner with pozess.

We may need to modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media.

pozess claims no ownership of any Content submitted, posted or displayed by you on or through the Services. You retain any and all of your rights to any Content you submit, post or display on or through the Services, subject to the exceptions noted herein, and you are solely responsible for protecting those rights.

Buying

If you use the Services to freeze the price or buy items from the sellers closet or showroom, you agree to pay for the items purchased within a timely manner. At pozess the “live sales” are real, and when you freeze a price it is a binding offer to pay. A full set of buyer questions and answers is available in the pozess FAQ section.

When you buy an item on pozess, you are purchasing directly from the seller of the item, not from pozess. Any details regarding the item, including but not limited to product descriptions, warranties offered, refund policies or any other terms are between you and the seller. You should review and familiarize yourself with any and all terms of sale provided by the seller prior to freezing an item.

Sometimes other buyers may freeze the item before you and win the item and once it is frozen you will no longer be able to purchase the item. You will not hold pozess responsible for not winning an item of your choice as that is the nature of the “lve sale” game.

Payment

After a price has been frozen or you click Buy Now button, You must actively confirm and pay. The product moves to Your cart when You freeze the price or buy from the seller’s closet. You have 15 minutes to confirm and freeze the price. You must provide Your shipping information, billing information, and purchase the product. If You do not complete the checkout process within 15 minutes, the item will be removed from Your cart. If You have issues with purchasing Your product within the time limit, contact customer support.

Special Promotions

Any special promotions run by pozess including credits and coupons shall only be valid if they are announced on pozess or a pozess social media site, or in an email from pozess, or via notifications to you. Certain promotions may only be valid for a limited time, with details announced by pozess. Once the advertised time limit of any promotion has been reached the promotion is finished. pozess reserves the right to limit promotions to certain groups of users in pozess's sole discretion.

Returns / Cancellations

pozess allows You the right to cancel or return an order in accordance with pozess's Returns Policy, which pozess may change from time to time in pozess's sole discretion. Order once shipped cannot be cancelled, You will be entitled to a refund of the price (including shipping costs) You have paid as per the individual seller policy, some items may not be eligible for returns. and will be noted on the item's return information on the individual item page. If You are found to be in bad standing due to fraudulent behavior, excessive refund requests, or other such behavior, You are deemed to be in breach of the Terms & Conditions and will not be eligible for a refund.

In order to complete a return, You must return the received product or products in new conditions for items that are sold as new. Returns must be made directly to sellers and not to pozess. Shipping expenses for returns will be paid by You (unless goods are found to be defective). Sellers will not accept a return if You are unable to return the service or product received or are only able to return it in part or in a damaged or used condition.

Should pozess incur additional costs for insufficient postage on the return, these costs will be deducted from any previous payment remitted by You.

Should pozess not be able to deliver the product ordered for any reason, You will have the option to accept an alternative but comparable item, as determined by pozess in its sole discretion, or receive a full refund, including shipping costs, if any, You have paid.

Delivery

Unless otherwise stated, delivery will be made directly from the seller to the address provided by You. Delivery times vary; therefore, any time provided is only a guide. pozess shall be entitled to involve third parties to satisfy its contractual obligations without being required to notify the buyer. Obvious damage to the item from transport or packaging damaged during transport must be reported to pozess upon receipt.

Risk of Loss

The risk of loss and title for all items purchased from pozess pass to You upon our delivery to the carrier.

Fees

We charge fees for using some services. When you use a service that has a fee, you have an opportunity to review and accept the fees that you will be charged based on our Fees schedule, which we may change from time to time. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may, in our sole discretion, suspend your account and/or collect fees owed using any and all legal collection mechanisms.

Feedback

Users may submit feedback information regarding sellers and buyers that use the Services. You may only use the rating and feedback features for the bona-fide purpose of submitting feedback regarding the experience you had. Any other use of the feedback system is prohibited. You may not threaten to submit negative feedback or withhold positive feedback in order to receive benefits beyond those to which you are entitled and you may not submit feedback for the purpose of manipulating another user’s rating. Feedback information submitted by a user may be made available through the Services to other users.

Disclaimer of Warranty and Liability Regarding Use of pozess

Neither pozess nor any of its members, managers, officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), or any third party who provides products or services purchased from or distributed by pozess, or the like, warrant that websites affiliated with pozess, including, but not limited to, pozess, will be uninterrupted, error-free, or free of viruses, worms, trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products, and services published on pozess may contain inaccuracies or typographical errors. pozess makes no warranty as to the results that may be obtained from the use of pozess or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through pozess. pozess shall not be responsible for any opinions, views, advice, or statements posted on pozess (including, without limitation, in any public posting areas of the website) by any person or entity other than an authorized pozess spokesperson. Advertisers, content providers, users, guests, independent writers, and experts are not authorized pozess spokespersons. At no time should the opinions, views, advice, or statements provided by advertisers, content providers, users, guests, independent writers, or experts be relied upon for important personal decisions without independent verification.

YOUR USE OF pozess IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND SOFTWARE, IS PROVIDED BY pozess ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, pozess DISCLAIMS ALL IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

pozess MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF pozess, SECURITY OF THE WEBSITE, THE RESULTS THAT MAY BE OBTAINED FROM USE OF pozess, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. WITHOUT LIMITING THE FOREGOING, pozess DOES NOT WARRANT THAT THE MATERIALS ARE ACCURATE, RELIABLE OR CORRECT, THAT THE SITE WILL MEET YOUR REQUIREMENTS, THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE, THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR INSTALLATION OF ANY SUCH MATERIAL.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS & CONDITIONS.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT pozess WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THE WEBSITE, SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF pozess HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).

THE LIMITATIONS OF THIS SECTION SHALL APPLY NOTWITHSTANDING ANY RELIANCE ON ANY INFORMATION OBTAINED FROM pozess OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES, OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO PROVIDER RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT pozess HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS LIMITATION SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH pozess.

THIS LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON pozess SERVICES OR ITEMS PURCHASED THROUGH pozess, FROM INABILITY TO USE pozess'S SERVICES OR ITEMS PURCHASED THROUGH pozess, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF pozess'S SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).

SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS, INCLUDING THE EXCLUSION OF IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.

If You are dissatisfied with any portion of pozess, You should discontinue Your use of pozess.

Disclaimer of Warranty and Liability Regarding Purchases from pozess

All new products are sold with the manufacturer's limited warranty only. pozess warrants solely that the products sold to You under these terms shall have the characteristics specified in sellers specifications for such products as set forth in the description of each item and assumes no further warranties. The warranty period and service varies by manufacturer and product. The full text of any such warranty is available, free of charge, upon written request to pozess.

EXCEPT FOR THE WARRANTIES SET FORTH ABOVE, pozess MAKES NO OTHER WARRANTIES, EITHER EXPRESS OR IMPLIED, WITH RESPECT TO THE PRODUCTS, OR ANY RELATED SERVICES PERFORMED BY pozess OR ANY OF ITS AGENTS OR SUBCONTRACTORS IN CONNECTION WITH ANY ORDER, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

YOU AGREE THAT pozess SHALL NOT BE LIABLE FOR PERSONAL INJURY AND PROPERTY DAMAGE RESULTING FROM THE USE, IMPROPER HANDLING, MODIFICATION, OR MISUSE OF THE PRODUCTS BY YOU OR ANY OTHER PERSON FOLLOWING DELIVERY BY pozess. IN NO EVENT SHALL pozess BE LIABLE TO YOU OR ANY OTHER PERSON FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR GOODWILL, LOSS-OF-USE DAMAGES OR ADDITIONAL EXPENSES INCURRED, WHETHER PURSUANT TO A CLAIM IN CONTRACT, TORT OR OTHERWISE, AND WHETHER IN AN ACTION FOR BREACH OF WARRANTY OR OTHERWISE.

Indemnity

You agree to indemnify, defend, and hold pozess and its members, managers, shareholders, directors, officers, employees, agents, affiliates, licensors, and other partners (collectively, the "Indemnified Persons") harmless from any loss, cost, expense, liability, claim, or demand, including reasonable attorneys' fees, suffered by any Indemnified Persons due to, arising out of, or in connection with (i) Your use of pozess or any of the services offered by pozess, (ii) any violation of these Terms & Conditions by You or any person acting in collusion with You, (iii) any violation of applicable law or court order by You, and (iv) any negligence or willful misconduct by You.

System Outage

A system outage has occurred if no purchases can be made or Games played due to an unforeseeable disruption in a system. pozess is not responsible for any costs incurred by You due to a system outage. pozess reserves the right to cancel purchases affected by a system error, fraud, technical problems, or any other reasonable reason.

With current technology, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) entirely without error, or to rule out any unpredictable events in connection with the Internet. pozess, therefore, provides no guarantee for the constant and uninterrupted availability of the website and other technical systems. pozess shall not be liable for any damage incurred by users or third parties from using pozess's services. In particular, pozess shall not be liable for damage that occurs due to purchases not being received or not being received promptly as a consequence of technical errors or for Games interrupted and the discount You may have received.

Trademarks

pozess's logos are trademarks of pozess owned and operated by Hotdealsatwork.com llc. All rights are reserved. Any trademarks appearing on pozess are the property of their respective owners.

Service and Support for Products Purchased

All requests for technical service and support on products purchased on pozess should be made directly to the seller in accordance with their terms and conditions.

Dispute Resolution

By agreeing to these Terms & Conditions, You and pozess each waive the right to a jury trial or to participate in a class action. Further, You agree that any and all disputes, claims, and causes of action relating in any way to Your use of pozess, including Your use prior to agreeing to these Terms & Conditions, or to any products sold by pozess will be resolved by binding arbitration, rather than in court, except that You may assert claims in small claims court if Your claims qualify.

Without limiting the foregoing, pozess reserves the right in its sole discretion to resolve disputes between buyers and sellers. You agree that pozess has the right to make the final decision in any dispute where pozess chooses to intervene. If we resolve a dispute in the buyer’s favor, we may refund the buyer’s payment up to the full cost of the item in dispute, including shipping, and may require the seller to reimburse us for the full amount refunded. pozess further reserves the right to correct any mistakes in payments to buyers or sellers, including any processing errors we discover, by debiting or crediting the payment method used in the applicable transaction.

You agree that any and all claims, disputes, and causes of action between You and pozess, including those relating to Your use of the pozess website or these Terms & Conditions (each a "Dispute" and collectively, "Disputes"), shall be resolved as set forth in this section. Before initiating any formal Dispute resolution proceedings, You agree to negotiate with pozess regarding any Disputes in good faith on an individual basis, and not as a plaintiff or class member in any purported class or representative proceeding. You may initiate these negotiations by sending a notice of the Dispute (the "Notice of Dispute") to pozess in a manner specified in the "Notices" section below. pozess does not have any control over or liability for the quality, safety, legality, descriptions, photos, or other aspect of the items listed for sale, nor does pozess have any control over or liability for the accuracy, truthfulness, quality, or other aspect of the materials and information associated with listings. pozess is not liable or responsible for defective items. If an item sold on pozess is delivered to you in a defective condition, your sole remedy is directly with the seller.

Applicable Law / Severability Clause

This Terms & Conditions Agreement and Your use of pozess shall be governed by the laws of the United States of America and the State of Pennsylvania. Without in any way limiting the "Dispute Resolution" requirements set forth above, any court proceeding related to this website or these Terms & Conditions may be brought only in a federal or state court sitting in Pennsylvania. You agree to accept the jurisdiction of such courts.

pozess will follow all applicable laws for the sale of goods in the countries in which it operates.

VOID OUTSIDE OF THE UNITED STATES. VOID WHERE PROHIBITED OR RESTRICTED BY LAW. If You open an account with pozess while located in a prohibited jurisdiction, You will be in violation of the law and these Terms & Conditions and subject to having Your account suspended or closed permanently. You agree that pozess cannot be held liable if laws applicable to You restrict or prohibit Your participation.

The UN Convention on the International Sale of Goods shall not apply.

If any provision of these Terms & Conditions is held by a court of competent jurisdiction to be invalid, unenforceable, or void, the remainder of these Terms & Conditions shall remain in force and effect and such invalid, unenforceable, or void provisions will be deemed to be modified so as to effect the original intent of these Terms & Conditions as closely as possible.

Protection of Data: Collection, Processing, and Use of our Customers' Personal Information

The protection of Your data is very important to us. For more information on the collection, processing, and use of personal data, please read our Privacy Policy.

Legality

You are subject to all laws of the state in which you reside and from which you access the pozess site and are solely responsible for obeying those laws. You agree pozess cannot be held liable if laws applicable to you restrict or prohibit your participation. pozess makes no representations or warranties, implicit or explicit, as to your legal right to access or participate on pozess nor shall any person affiliated, or claiming affiliation, with pozess have authority to make any such representations or warranties. pozess reserves the right, but has no obligation, to monitor the location from which you access the pozess site and to block access from any jurisdiction in which participation is illegal or restricted.

External Links

Our website may contain links to other websites operated by third parties, and these sites may likewise contain links to other websites. These links are provided strictly for Your convenience and do not constitute an endorsement or approval of these websites. We assume no liability for the content of external links. The operators of the sites linked to and from this site are solely responsible for their contents. We cannot take any responsibility for the content, protection, or privacy guidelines of third-party websites.

Waiver

Any waiver of any provision by pozess of the Terms & Conditions or Privacy Policy will be effective only if in writing and signed by pozess.

Notices

Except as provided otherwise in these Terms & Conditions, all notices, requests, instructions, and other communications given to pozess by You must be given in writing by hand delivery in return for a receipt, sent certified or registered U.S. mail (return receipt requested), or sent by FedEx or a similar overnight courier service, addressed to pozess.com, 1206 Stein Way, Macungie, PA 18062, or by email to info@pozess.com.