Terms & Conditions

Propp’er Way Association Website Terms & Conditions

Last updated October 2, 2020

Website Terms and Conditions of Use relating to PropperSantas.com

These Terms and Conditions (“the Terms and Conditions”) govern your (“the User”) use of the Propp’er Way Association, LLC (“Provider”) website located at the domain name proppersantas.com. By accessing and using the Website, the User agrees to be bound by the Terms and Conditions set out in this legal notice. The User may not access, display, use, download, and/or otherwise copy or distributes Content obtained on the website for marketing and other purposes without the consent of the Provider.

Electronic Communications

By using this Website or communicating with Propp’er Way Association, LLC by electronic means, the user consents and acknowledges that any and all agreements, notices, disclosures, or any other communication satisfies any legal requirement, including but not limited to the requirement that such communications should be in writing.

E-Commerce & Privacy

The Website proppersantas.com sells and delivers unique, value-packed Santa and Mrs. Claus accessories and Santa and Mrs. Claus online training materials. The use of any product or service bought from this Website is at the purchaser’s risk. The purchaser/user indemnifies and holds Propp’er Way Association, LLC harmless against any loss, injury or damages which may be sustained as a result of using the products sold on the Website.

The private information required for executing the orders placed through the e-commerce facility, namely the User’s personal information and credit card details, delivery address and telephone numbers will be kept in the strictest confidence by Propp’er Way Association, LLC and not sold or made known to third parties. Only the necessary information, that is the delivery address and contact phone number will be made known to third parties delivering the product. Credit card details are not kept by the Provider under any circumstances.

Propp’er Way Association, LLC cannot be held responsible for security breaches occurring on the User’s electronic device (Personal Computer or other electronic device used to browse the Website), which may result due to the lack of adequate virus protection software or spyware that the User may inadvertently have installed on his/her device.

Propp’er Way Association, LLC will supply all goods to the delivery company in good order. Propp’er Way Association, LLC will not be held liable for the condition of goods arriving at the User’s chosen delivery address.

Online Payment – PayPal or Venmo Payment

All online credit card payments are processed by PayPal (888.221.1161 or www.paypal.com). Card Holders may go to www.paypal to view PayPal security policies.

Refund and Return Policy

The provision of goods and services is subject to availability. In cases of unavailability, the Provider will refund the client in full within 30 days. Cancellation of orders by the client will attract a 10% charge for administration costs. All training programs will have no cancellation or refund once user has ordered training sessions.

Propp’er Way Association, LLC reserves the right to cancel an order for which payment has already been received. This may occur if stock is insufficient or the quality of goods ordered does not meet Propp’er Way Association, LLC standards. Should Propp’er Way Association, LLC exercise this right, the User will receive a full refund with no deductions.

Any complaints regarding the standard and quality of the product or products bought by consumers through the e-commerce facility should be directed to l.propp@bresnan.net:

Larry A. Propp
P.O. Box 1001
Sterling, Co. 80751

License to use website

Unless otherwise stated, Propp’er Way Association, LLC and/or its licensors own the intellectual property rights in the website and material on and delivered via the website. Subject to the license below, all these intellectual property rights are reserved.

You may view, download for caching purposes only, and print pages from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.

You must not:

  • republish material from this website (including republication on another website);
  • sell, rent or sub-license material from the website;
  • show any material from the website in public;
  • reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
  • edit or otherwise modify any material on the website;
  • redistribute material from this website except for content specifically and expressly made available for redistribution; or
  • share access information such as website account login information or non-public content url’s with others.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without Propp’er Way Association, LLC’s express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without Propp’er Way Association, LLC express written consent.

Restricted access

Propp’er Way Association, LLC reserves the right to restrict access to areas of this website, or indeed this entire website, at Propp’er Way Association, LLC’s discretion.

If Propp’er Way Association, LLC provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential.

Propp’er Way Association, LLC may disable your user ID and password at Propp’er Way Association, LLC’s sole discretion without notice or explanation.

User content

In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.

You grant to Propp’er Way Association, LLC a worldwide, irrevocable, non-­exclusive, royalty-­free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to Propp’er Way Association, LLC the right to sub­license these rights, and the right to bring an action for infringement of these rights.

Your user content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Propp’er Way Association, LLC or a third party (in each case under any applicable law).

You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

Propp’er Way Association, LLC reserves the right to edit or remove any material submitted to this website, or stored on Propp’er Way Association, LLC servers, or hosted or published upon this website.

Notwithstanding Propp’er Way Association, LLC rights under these terms and conditions in relation to user content, Propp’er Way Association, LLC does not undertake to monitor the submission of such content to, or the publication of such content on, this website.

No warranties

This website is provided “as is” without any representations or warranties, express or implied. Propp’er Way Association, LLC makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Propp’er Way Association, LLC does not warrant that:

  • this website will be constantly available, or available at all; or
  • the information on this website is complete, true, accurate or non-misleading.

Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.

Limitations of liability

Propp’er Way Association, LLC will not be liable to you (whether under the law of contract, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:

  • to the extent that the website is provided free-of-charge, for any direct loss;
  • for any indirect, special or consequential loss; or
  • for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill, or loss or corruption of information or data.

These limitations of liability apply even if Propp’er Way Association, LLC has been expressly advised of the potential loss.

Exceptions

Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit Propp’er Way Association, LLC’s liability in respect of any:

  • death or personal injury caused by Propp’er Way Association, LLC’s negligence;
  • fraud or fraudulent misrepresentation on the part of Propp’er Way Association, LLC ; or
  • matter which it would be illegal or unlawful for Propp’er Way Association, LLC to exclude or limit, or to attempt or purport to exclude or limit, its liability.

Reasonableness

By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable.

If you do not think they are reasonable, you must not use this website.

Other parties

You accept that, as a limited liability entity, Propp’er Way Association, LLC has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Propp’er Way Association, LLC officers or employees in respect of any losses you suffer in connection with the website.

Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Propp’er Way Association, LLC officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as Propp’er Way Association, LLC.

Unenforceable provisions

If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.

Indemnity

You hereby indemnify Propp’er Way Association, LLC and undertake to keep Propp’er Way Association, LLC indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Propp’er Way Association, LLC a third party in settlement of a claim or dispute on the advice of Propp’er Way Association, LLC legal advisers) incurred or suffered by Propp’er Way Association, LLC arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to Propp’er Way Association, LLC’s other rights under these terms and conditions, if you breach these terms and conditions in any way, Propp’er Way Association, LLC may take such action as Propp’er Way Association, LLC deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

Variation

Propp’er Way Association, LLC may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

Assignment

Propp’er Way Association, LLC may transfer, sub-contract or otherwise deal with Propp’er Way Association, LLC’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

Severability

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

Entire agreement

These terms and conditions constitute the entire agreement between you and Propp’er Way Association, LLC in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.

Law and jurisdiction

These Terms and Conditions are governed by and construed in accordance with the laws of the United States and the State of Colorado, and all disputes arising hereunder will be resolved in state or federal court located in Logan County, Colorado.

Privacy:  casual surfing

The User may visit the Website without providing any personal information. The Website servers will in such instances collect the IP address of the User computer, but not the email address or any other distinguishing information. This information is aggregated to measure the number of visits, average time spent at the Website, pages viewed, etc. Propp’er Way Association, LLC uses this information to determine use of the Website, and to improve Content thereon. Propp’er Way Association, LLC assumes no obligation to protect this information, and may copy, distribute or otherwise use such information without limitation.

Please see our Privacy Policy for further details.