Last updated: 9/15/26

Terms & Conditions

These Terms & Conditions (these “Terms”) govern your access to and use of the website located at www.popsockets.com and any related online services, storefronts, and pages operated by PopSockets LLC (collectively, the “Site”), and your purchase of products from us. Please read these Terms carefully. They include important provisions that affect your legal rights, including an arbitration agreement and class action waiver in Section 30 (applicable to United States consumers only) and limitations on our liability in Sections 21 and 22.

Nothing in these Terms limits or excludes any right you have under mandatory consumer protection law that cannot be limited or excluded by agreement. If you are a consumer resident in the European Economic Area (“EEA”) or the United Kingdom (“UK”), please see Sections 14, 19, 31, and 32, which set out rights and terms that apply specifically to you and that prevail over any conflicting provision of these Terms.

1. Use of the Site

The Site is the property of PopSockets LLC (“PopSockets,” “we,” “us,” “our”). Your access to and use of the Site, including the purchase of products made available through the Site, is subject to these Terms and to the completion of any applicable registration requirements.

You accept these Terms by clicking or tapping a button or checkbox presented to you that indicates your acceptance at the time you create an account, place an order, or otherwise expressly agree to them. We maintain records of that acceptance. Continued browsing of the Site alone does not constitute acceptance of these Terms, but you may only transact with us if you have accepted them. If you do not agree to these Terms, do not create an account or place an order through the Site.

If you are acting on behalf of a third party or entity, you represent that you have authority to bind that third party or entity, and references in these Terms to “you” include that third party or entity.

Changes to these Terms. We may revise these Terms from time to time. Where a change is material and operates to your disadvantage, we will give you reasonable advance notice — not less than thirty (30) days where practicable — by posting the revised Terms with an updated Effective Date and, where we hold your email address, by email. Material changes take effect only on the date stated in that notice and apply prospectively to access, use, and orders occurring on or after that date. They do not apply retroactively to orders already placed. Changes that are non-material, that are required by law, or that are favorable to you may take effect when posted. If you do not agree to a change, you may stop using the Site and close your account; where a change materially affects an order you have already placed, you may cancel that order without charge. Your continued use of the Site after a material change takes effect, following notice, constitutes acceptance of the revised Terms.

You acknowledge that use of the Site may require use of your mobile device and its data or messaging service. You are responsible for any data or messaging charges imposed by your carrier.

If you have questions about these Terms, please contact us at legal@popsockets.com.

2. Who We Are — Trader Identity and Contact Information

For the purposes of applicable consumer protection and distance selling law, the trader is:

• PopSockets LLC, a Colorado limited liability company
• Registered office and principal place of business: 100 Technology Drive, Ste. 250, Broomfield, CO 80021, United States
• General and legal contact: legal@popsockets.com
• Customer service: cs@popsockets.com
• Privacy and data protection contact: gdpr@popsockets.com
• Accessibility contact: legal@popsockets.com
• EU Responsible Person (Regulation (EU) 2023/988):
  Authorized Rep Compliance
  71 Baggot Street Lower, Dublin
  D02 P593, Ireland
• UK Responsible Person, where applicable:
  Authorized Rep Compliance Ltd.
  ARC House, Turnham
  Lancaster LA2 0DT, UK

3. User Content and Custom Provided Content

The Site may allow you to upload photographs, reviews, videos, designs, images, drawings, graphics, artwork, works of authorship, or other content or materials (“User Content”). You are solely responsible for your User Content and for the consequences of submitting and publishing it via the Site and related PopSockets platforms. Any User Content you post to the Site will be considered non-confidential and non-proprietary.

You represent and warrant that: (a) you own or control all rights in and to the User Content and have the right to grant the license described below to us, our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; (b) all of your User Content complies with these Terms and with applicable law; (c) your User Content does not infringe, misappropriate, or violate any patent, copyright, trademark, trade secret, moral right, right of privacy, right of publicity, or other right of any person; and (d) your User Content is not unlawful, defamatory, obscene, harassing, hateful, deceptive, or otherwise objectionable.

By submitting User Content, you grant PopSockets a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, adapt, modify, publicly display, and publicly perform the User Content in connection with the Site, our products, and our marketing, in any media now known or later developed. Where permitted by applicable law, you waive any moral rights in the User Content. You may terminate this license prospectively by deleting the User Content or by contacting us at legal@popsockets.com, except that the license continues for copies incorporated into materials already distributed, cached, or retained in backup, and for any User Content that other users have shared or copied.

If you submit User Content that includes the name, image, voice, or likeness of another identifiable person, you represent that you have obtained that person’s written consent. Do not submit User Content of or from any person under the age of sixteen (16).

We do not routinely pre-screen User Content, and we are not obligated to monitor it. We do not endorse any User Content, and User Content does not reflect the views of PopSockets.

4. Reviews, Testimonials, and Endorsements

We want reviews on the Site to be genuine, and we are required by law to take reasonable and proportionate steps to ensure that they are. The following rules apply to any review, rating, or testimonial submitted to or published on the Site.

• Only genuine experience. You may submit a review only if you have actually purchased or used the product you are reviewing. Reviews that misrepresent the reviewer’s experience, or that purport to come from a person who does not exist or who did not use the product, are prohibited.
• No purchased or commissioned reviews. We do not buy, sell, commission, solicit, or exchange anything of value for positive reviews, for negative reviews of competitors, or for the suppression of any review. You may not offer or accept anything of value in exchange for writing, procuring, or removing a review of our products.
• Disclosure of incentives and connections. If we have given you a free or discounted product, a gift card, a sweepstakes entry, a commission, or any other incentive in connection with a review or testimonial, you must clearly and conspicuously disclose that fact in the review itself. The same applies to influencers, affiliates, and brand ambassadors.
• Insider reviews. Our officers, managers, employees, agents, and their immediate relatives may not write or procure a review or testimonial of our products without clearly and conspicuously disclosing their relationship to PopSockets. We do not solicit reviews from employees or their relatives without requiring that disclosure, and we do not operate any website that purports to provide independent reviews of our products.
• No manipulation of ratings. You may not use bots, automated scripts, duplicate accounts, or fake indicators of social media influence to influence a review, rating, ranking, or aggregate score on the Site.

How we handle reviews. We publish reviews on a neutral basis. We do not suppress, edit, reorder, or refuse to publish a review because it is negative, and aggregate ratings displayed on the Site reflect all published reviews within the relevant set. We may decline to publish, or may remove, a review only on the grounds set out in Section 5. We will never use, or threaten to use, a legal claim that is unfounded or that misrepresents the law in order to induce the removal or alteration of a review. If we remove a review, and you ask us why, we will tell you which ground applied.

Reporting a suspected fake review. If you believe a review published on the Site is fake, incentivized without disclosure, or otherwise violates this Section, please report it to legal@popsockets.com. We will assess the report promptly and remove any review we determine to be non-genuine or to conceal a material connection.

5. Removal of User Content

We may remove, refuse to publish, or restrict access to User Content, including reviews, in whole or in part, where we reasonably determine that the User Content:

• breaches Section 3, Section 4, or Section 7 of these Terms;
• infringes or misappropriates the intellectual property, privacy, publicity, or other rights of any person;
• is unlawful, defamatory, obscene, sexually explicit, harassing, threatening, hateful, or promotes violence or discrimination;
• contains personal information of another individual, malware, or a security exploit;
• is spam, commercial solicitation unrelated to the product, or a duplicate submission; or
• must be removed to comply with applicable law, a court order, or a valid legal request.

We will not remove User Content merely because it is critical of PopSockets or our products. Where we remove User Content that you submitted, we will use reasonable efforts to notify you of the removal and the ground relied on, unless notification is prohibited by law or would compromise an investigation. You may appeal a removal decision by writing to legal@popsockets.com, and we will review the appeal and respond within a reasonable period.

We have no obligation to store or retain any User Content, and we are not liable for the removal or deletion of, or failure to store, any User Content.

6. Terms of Use

Subject to your compliance with these Terms, PopSockets grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable license to access and use the Site for your personal, non-commercial purposes, including the purchase of products for your own use. This license does not include any right to resell the Site or its contents, to make derivative use of the Site, or to use any data mining, robots, or similar data gathering and extraction tools.

You agree to provide accurate, current, and complete information when you register or place an order, and to keep that information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account. Notify us promptly at legal@popsockets.com of any unauthorized use of your account.

We may suspend or terminate your account or your access to the Site, in whole or in part, if you materially breach these Terms, if we are required to do so by law, or if we reasonably believe your use presents a security or fraud risk. Except where immediate action is necessary, we will give you notice and, where the breach is capable of being cured, an opportunity to cure. Termination does not affect any order already accepted or any statutory right you have in relation to products already purchased.

7. Prohibited Uses; No Scraping, Data Mining, or Artificial Intelligence Training

You may not, and may not permit any third party to:

• use any robot, spider, scraper, crawler, or other automated means to access, monitor, index, or copy any portion of the Site or its contents, except for public search engines operating in accordance with our robots.txt file;
• use, reproduce, or extract any text, image, design, photograph, product rendering, review, or other content from the Site for the purpose of training, fine-tuning, validating, benchmarking, or otherwise developing any machine learning model, large language model, generative artificial intelligence system, or similar technology;
• carry out any text or data mining of the Site or its contents. PopSockets expressly reserves all rights in the Site and its contents for text and data mining purposes, including for the purposes of Article 4(3) of Directive (EU) 2019/790 and any equivalent provision of applicable law. This reservation is made in an appropriate machine-readable form on the Site and applies to all content made available through the Site;
• frame, mirror, or deep-link to any part of the Site without our prior written consent;
• reverse engineer, decompile, or attempt to derive the source code of any part of the Site;
• circumvent, disable, or interfere with any security, rate-limiting, or access-control feature of the Site;
• place any unreasonable or disproportionately large load on our infrastructure, or interfere with the proper working of the Site;
• use the Site to transmit malware, conduct a denial-of-service attack, or engage in any fraudulent, deceptive, or unlawful activity; or
• use the Site or any content from it to manufacture, source, market, or sell products that infringe PopSockets’ intellectual property, or to facilitate the unauthorized resale of PopSockets products.

We reserve the right to block access, including by IP address or account, to any party that violates this Section, and to pursue all available legal and equitable remedies.

8. Intellectual Property Rights

The Site and all of its contents — including text, graphics, images, photographs, product designs, renderings, illustrations, logos, button icons, audio and video clips, digital downloads, data compilations, software, and the selection, coordination, and arrangement of the foregoing — are the property of PopSockets or its licensors and are protected by United States and international copyright, trademark, trade dress, patent, design right, and other intellectual property laws.

For PopSockets’ intellectual property information, click here.

POPSOCKETS, POP, POPGRIP, POPCASE, POPWALLET, KICK-OUT, LOW-PRO, SUCK-UP, POPMIST, POPPOCKET, POPSTASH, POPLIP, POPMOUNT, POPTOP, POPMINIS, the PopSockets logo, and the distinctive configuration and trade dress of PopSockets grips and related products are trademarks and/or registered trademarks of PopSockets LLC in the United States and other jurisdictions. Our products are covered by issued and pending utility and design patents in the United States and other jurisdictions. You may not use any PopSockets trademark listed herein above or otherwise, any trade dress, any design, or any patented feature without our prior written permission. All rights not expressly granted in these Terms are reserved.

Third-party trademarks appearing on the Site, including those of device manufacturers and compatibility standards, are the property of their respective owners and are used for identification purposes only. Their appearance does not imply any affiliation with or endorsement by those owners unless expressly stated.

You may download or print a reasonable number of copies of Site content solely for your personal, non-commercial use, provided you retain all copyright and other proprietary notices. Any other use requires our prior written consent.

9. Copyright Complaints — Notice and Takedown

PopSockets respects the intellectual property rights of others and responds to notices of alleged infringement in accordance with the Digital Millennium Copyright Act, 17 U.S.C. § 512 (“DMCA”), and other applicable law.

If you believe that content on the Site infringes your copyright, please send a written notice to our designated agent containing: (a) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (b) identification of the copyrighted work claimed to have been infringed; (c) identification of the material claimed to be infringing and information reasonably sufficient to permit us to locate it; (d) your contact information; (e) a statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law; and (f) a statement, made under penalty of perjury, that the information in the notice is accurate and that you are authorized to act on behalf of the copyright owner.

Designated Agent for Notice of Claimed Infringement:

• Copyright Compliance – Legal Department
• PopSockets LLC, 100 Technology Drive, Ste. 250, Broomfield, CO 80021, United States
• Email: legal@popsockets.com
• Reg. No.: DMCA-1080476

Our designated agent is registered with the United States Copyright Office. Registration must be renewed every three years to maintain safe harbor eligibility; the current registration expires September 15, 2029.

Counter-notification. If your content was removed and you believe the removal was the result of mistake or misidentification, you may submit a counter-notification to the designated agent that complies with 17 U.S.C. § 512(g)(3). We may restore the material within ten to fourteen business days of receipt unless the complaining party notifies us that it has filed an action seeking a court order.

Repeat infringers. We will terminate, in appropriate circumstances, the accounts of users we determine to be repeat infringers. Knowingly making a material misrepresentation in a notice or counter-notification may expose you to liability for damages under 17 U.S.C. § 512(f).

10. Unsolicited Idea Submission

PopSockets does not accept or consider unsolicited ideas, suggestions, concepts, inventions, designs, or materials for new products, technologies, marketing campaigns, or other business proposals (“Unsolicited Submissions”). Please do not send us Unsolicited Submissions.

If, despite this request, you send us an Unsolicited Submission, you agree that: (a) the Unsolicited Submission is not confidential and no confidential or fiduciary relationship is created; (b) we are under no obligation to review, acknowledge, return, or keep it confidential; (c) we may use, disclose, reproduce, modify, and distribute the Unsolicited Submission for any purpose, without compensation or attribution to you; and (d) we may already be developing, or may in the future independently develop, something similar or identical, and you waive any claim arising from that fact.

This Section does not apply to User Content submitted through a feature of the Site designed for that purpose, which is governed by Section 3, or to submissions made under a written agreement signed by an authorized officer of PopSockets.

11. Products and Orders

Total price transparency. The price displayed for a product on the Site is the total price you will pay for that product, including all mandatory fees and charges that we are able to calculate at the time of display. Where a mandatory charge such as shipping or tax cannot be calculated in advance because it depends on information you have not yet provided, we will tell you clearly and prominently, before you are asked to pay, how that charge will be calculated, and we will display the final total before you confirm your order. We do not add mandatory fees late in the checkout process. Optional add-ons, upgrades, and expedited shipping are presented separately and are never pre-selected.

Orders and acceptance. Your submission of an order is an offer to purchase. A contract is formed only when we send you a dispatch confirmation. We may decline or cancel an order, in whole or in part, where the product is unavailable, where there is an error in the price or product description, where we suspect fraud or a breach of these Terms, or where we are unable to obtain authorization for payment. If we cancel an order after payment has been taken, we will refund you in full without undue delay.

Pricing and description errors. We take care to describe and price products accurately, but errors occur. Where the correct price of a product is higher than the price stated on the Site, we will contact you before dispatch to ask whether you wish to proceed at the correct price or cancel. We will not simply charge you the higher amount. Where a product description contains an obvious error, we may correct it and offer you the opportunity to cancel.

Availability and quantity limits. Products are offered subject to availability, and we may impose reasonable quantity limits per order, per account, or per address. Product colors and finishes may vary depending on your display settings.

Compatibility. Compatibility information provided on the Site is offered in good faith as guidance. Device designs, case thicknesses, materials, and third-party accessory standards change, and we cannot guarantee compatibility with every device or case. Please check the product page for current compatibility information before ordering.

Risk and title. Risk of loss and title pass to you on delivery to the address you specify, except where applicable consumer law provides otherwise.

12. No Subscriptions or Automatic Renewals

PopSockets does not offer subscription plans, replenishment programs, memberships, free-to-paid trial conversions, or any other automatic renewal or continuous service offering through the Site. We will not enroll you in any recurring charge. Every purchase you make through the Site is a one-time transaction, charged once, for the products in that order.

If we introduce any such offering in the future, we will do so only with your express affirmative consent, obtained separately from your acceptance of these Terms, together with clear and conspicuous disclosure of the renewal terms, renewal reminders, and a cancellation method that is at least as easy to use as the method of enrollment, in each case as required by applicable law.

Opting in to receive marketing emails or text messages from us is not a subscription contract, involves no charge, and may be withdrawn at any time as described in Section 24.

13. Returns and Exchanges

Our voluntary returns policy. In addition to any statutory rights you have, we accept returns of unused products in their original packaging within thirty (30) days of delivery for a refund or exchange. To start a return, contact our customer service department at cs@popsockets.com with your order number. Products that have been used, customized, or personalized, and products marked as final sale, are excluded from this voluntary policy, except where the product is faulty, not as described, or where a statutory right applies.

Return shipping. For returns under this voluntary policy, you are responsible for return shipping costs unless the product is faulty, damaged, or was sent in error, in which case we bear them. We recommend using a trackable service; we are not responsible for returns lost in transit before receipt.

Statutory rights are unaffected. This voluntary policy is offered in addition to, and does not limit, your legal rights. If you are an EEA or UK consumer, see Section 14. If you are a consumer elsewhere, your rights in respect of faulty or misdescribed goods under applicable law are unaffected.

14. EEA and UK Consumers — Statutory Right of Withdrawal

If you are a consumer resident in the EEA or the UK, you have the right to withdraw from your purchase contract within fourteen (14) days without giving any reason. The withdrawal period expires fourteen (14) days after the day on which you, or a third party other than the carrier indicated by you, acquire physical possession of the goods. Where your order is delivered in multiple consignments, the period runs from receipt of the last item.

How to withdraw. To exercise the right of withdrawal, you must inform us of your decision by a clear statement. The easiest way to do so is to use the withdrawal function on the Site, labelled “Withdraw from the contract here,” which is available on the Site throughout the withdrawal period, is accessible without logging in, and leads to a confirmation page. Once you submit it, we will send you an acknowledgement of receipt of your withdrawal on a durable medium without delay. You may instead notify us by email at cs@popsockets.com or by post at PopSockets LLC, 100 Technology Drive, Ste. 250, Broomfield, CO 80021, United States. You may use the model withdrawal form set out below, but you are not required to do so. To meet the withdrawal deadline, it is sufficient that you send your communication before the withdrawal period expires.

Effects of withdrawal. If you withdraw, we will reimburse all payments received from you, including the standard delivery charge (but not any supplementary cost arising from your choice of a delivery type other than the least expensive standard delivery we offer), without undue delay and in any event not later than fourteen (14) days from the day on which we are informed of your decision to withdraw. We will make the reimbursement using the same means of payment you used for the initial transaction unless you expressly agree otherwise; you will not incur any fees as a result. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent them back, whichever is earlier.

Returning the goods. You must send back the goods without undue delay and in any event not later than fourteen (14) days from the day on which you communicate your withdrawal. You will bear the direct cost of returning the goods. You are liable only for any diminished value of the goods resulting from handling other than what is necessary to establish their nature, characteristics, and functioning.

Exceptions. The right of withdrawal does not apply to goods made to your specifications or clearly personalized, or to sealed goods unsealed after delivery which are not suitable for return for health protection or hygiene reasons.

Model withdrawal form. To PopSockets LLC, 100 Technology Drive, Ste. 250, Broomfield, CO 80021, United States, cs@popsockets.com:

“I/We hereby give notice that I/We withdraw from my/our contract of sale of the following goods: [description of goods]. Ordered on / received on: [date]. Name of consumer(s): [name]. Address of consumer(s): [address]. Signature of consumer(s) (only if this form is notified on paper). Date: [date].”

15. Refunds

Once we receive and inspect your return, we will notify you by email that we have received it and whether your refund has been approved. If approved, your refund will be processed and a credit applied to your original method of payment within a reasonable period, and in any event within the period required by applicable law. Refunds for withdrawals under Section 14 are governed by that Section.

16. Partial Refunds

We may issue a partial refund, reflecting a reasonable deduction for diminished value, where a returned product shows signs of use beyond what is necessary to establish its nature, characteristics, and functioning, where it is returned without its original packaging or components, or where it is returned more than thirty (30) days after delivery under our voluntary policy. Where we make a deduction, we will tell you the amount and the reason for it. This Section does not apply where the product is faulty, not as described, or where your statutory rights require a full refund.

17. Late or Missing Refunds

If you have not received a refund that we have confirmed was issued, first check your bank account and then contact your credit card company or bank, as there is often a processing period before a refund is posted. If you have done this and still have not received your refund, contact us at cs@popsockets.com and we will investigate and, where the refund was not properly issued, remedy it promptly.

18. Limited Warranty

For full details of our limited warranty, click here.

This warranty does not cover normal wear and tear, damage caused by misuse, abuse, accident, modification, improper storage, or use with incompatible devices or accessories, or products purchased from any seller other than PopSockets or an authorized PopSockets retailer.

This limited warranty is a voluntary commercial guarantee. It is provided in addition to — and not in place of — your rights under applicable law, including the statutory rights described in Section 19. Accepting this warranty does not require you to give up any statutory right, and nothing in this warranty limits any such right.

19. Statutory Guarantees and Consumer Rights — EEA and UK

If you are a consumer resident in the EEA, you benefit from a legal guarantee of conformity of at least two (2) years from delivery of the goods, provided by us free of charge under Directive (EU) 2019/771 and the national law implementing it. If the goods do not conform to the contract, you are entitled to have them brought into conformity by repair or replacement, or to a proportionate price reduction or termination of the contract, in accordance with that law. Where the national law of your country of residence provides a longer period or more favorable remedies, those apply. Exercising these rights is free of charge to you.

If you are a consumer resident in the UK, you have rights under the Consumer Rights Act 2015, including that goods must be of satisfactory quality, fit for purpose, and as described, together with the short-term right to reject, and rights to repair, replacement, price reduction, or rejection.

Statutory guarantee notice. From 27 September 2026, we provide with our products the harmonized notice of the consumer’s statutory guarantee of conformity in the form prescribed under Directive (EU) 2024/825 and its implementing acts. Where we offer a commercial guarantee of durability covering the entire product for a period longer than two years, we will display the harmonized durability label for that product. Where no durability label is shown for a product, no such commercial guarantee of durability is offered, and your statutory rights under this Section apply in full.

Environmental and sustainability claims. Any environmental claim we make about a product on the Site is specific, substantiated, and relates to the aspect of the product identified in the claim. We do not make generic environmental claims, and we do not present a legal requirement as a distinctive feature of our offer. Where a claim relates to a product’s future environmental performance, it is supported by a clear, objective, and verifiable implementation plan.

To exercise any right under this Section, contact cs@popsockets.com or write to us at the address in Section 2.

20. Product Safety, Recalls, and Responsible Persons

Product safety is a priority for us. Our products are supplied with the safety information, warnings, and traceability details required by applicable law, including a product identifier and the identity and contact details of the manufacturer and, for the EU market, of the EU Responsible Person identified in Section 2.

Safety concerns and complaints. If you experience a safety issue with a PopSockets product, or wish to report a product-related incident or injury, please contact us immediately at cs@popsockets.com. We maintain an internal register of safety-related complaints and investigate each report. Reporting a concern to us does not affect any right you have to report it to a competent authority.

Recalls and safety notices. If we or a competent authority determine that a product presents a risk, we will take the corrective action required, which may include a warning, a repair, a replacement, or a recall. Where we hold your contact details in connection with an affected purchase, we will notify you directly, and we will publish a safety notice on the Site. Please keep the contact details in your account current so that we can reach you.

Liability for defective products. Nothing in these Terms excludes or limits any liability we or any other economic operator may have to you under applicable product liability law, including Directive (EU) 2024/2853 on liability for defective products as implemented in your country of residence, or under the Consumer Protection Act 1987 in the UK, or under applicable state and federal product liability law in the United States. Any provision of these Terms that purports to limit such liability does not apply to it.

21. Disclaimer of Warranties

Except for the limited warranty in Section 18, the statutory rights described in Section 19, and any other warranty that cannot be disclaimed under applicable law, the Site and all content and services made available through it are provided on an “as is” and “as available” basis. To the fullest extent permitted by applicable law, PopSockets disclaims all warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty that the Site will be uninterrupted, secure, error-free, or free of viruses or other harmful components, or that the information on the Site is accurate, complete, or current.

Limits on this disclaimer. Nothing in this Section excludes or limits: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) any liability under Section 20; (d) the statutory rights of consumers, including the legal guarantee of conformity described in Section 19; or (e) any other liability that cannot lawfully be excluded or limited. If you are a consumer resident in the EEA or the UK, this Section applies to you only to the extent permitted by the law of your country of residence, and the mandatory consumer protection rules of that law prevail over this Section to the extent of any conflict. Some jurisdictions do not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you.

22. Exclusion of Liability

To the fullest extent permitted by applicable law, PopSockets and its officers, managers, employees, agents, and suppliers will not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with your access to or use of the Site, whether based in contract, tort, strict liability, or any other legal theory, and whether or not we have been advised of the possibility of such damages.

To the fullest extent permitted by applicable law, our aggregate liability arising out of or in connection with the Site and these Terms will not exceed the greater of (a) the total amount you paid to us for the products giving rise to the claim in the twelve (12) months preceding the event giving rise to liability, and (b) one hundred United States dollars (US$100).

Limits on this exclusion. The exclusions and limitations in this Section do not apply to: (a) liability for death or personal injury caused by negligence; (b) liability for fraud or fraudulent misrepresentation; (c) liability under Section 20 for defective products; (d) liability for gross negligence or willful misconduct; (e) our obligation to deliver conforming goods and to honor the statutory rights described in Section 19; or (f) any other liability that cannot lawfully be excluded or limited under the law applicable to you. If you are a consumer resident in the EEA or the UK, this Section applies only to the extent permitted by the law of your country of residence. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above may not apply to you.

23. Your Indemnification Obligations

If you are not a consumer, you agree to defend, indemnify, and hold harmless PopSockets and its officers, managers, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your breach of these Terms; (b) your User Content; (c) your violation of any applicable law or the rights of any third party; or (d) your misuse of the Site.

If you are a consumer, you are responsible to us only for loss or damage that is a foreseeable result of your breach of these Terms or your negligence, and this Section does not require you to indemnify us beyond that. We will notify you promptly of any claim to which this Section applies, and you may participate in its defense; we will not settle any claim in a way that imposes an obligation on you without your consent.

24. Text Message (SMS) and Marketing Communications

If you opt in to receive text messages from PopSockets, you consent to receive recurring automated marketing and transactional text messages at the mobile number you provide. Consent is not a condition of any purchase. Message and data rates may apply, and message frequency varies. You may opt out at any time by replying STOP to any message; reply HELP for assistance. Carriers are not liable for delayed or undelivered messages. Full terms are set out in our Text Message Terms & Conditions, available on the Site, which are incorporated into these Terms by reference.

You may unsubscribe from marketing emails at any time using the unsubscribe link in any marketing email or by contacting gdpr@popsockets.com. We will continue to send you transactional messages relating to orders you have placed. Where required by applicable law, we obtain your consent before sending marketing communications, and you may withdraw that consent at any time without detriment.

25. Use of Artificial Intelligence on the Site

Some features of the Site, including our customer service chat and certain product recommendation and personalization features, may be powered in whole or in part by automated or artificial intelligence systems. Where you are interacting with an automated system rather than a human being, we will tell you clearly at the point of interaction. You may ask to be transferred to a human representative at any time, and we will accommodate that request during our normal support hours.

Chat sessions may be recorded, monitored, and reviewed for quality assurance, as described in our Privacy Policy. Automated recommendations are provided for convenience only, are not advice, and do not produce legal or similarly significant effects for you. We do not use automated decision-making to determine pricing on an individual basis using your personal data, and we do not engage in manipulative or exploitative interface design intended to impair your ability to make a free and informed decision.

26. Personal Information

Our collection, use, disclosure, transfer, and other processing of personal information in connection with the Site is described in our Privacy Policy, and in our Cookie Policy, each of which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy with respect to personal information, the Privacy Policy controls.

To exercise any privacy right — including rights of access, correction, deletion, portability, objection, restriction, withdrawal of consent, or opting out of targeted advertising, sale, or profiling — or to ask any question about how we handle your personal information, contact us at gdpr@popsockets.com.

27. Links to Other Sites

The Site may contain links to websites, applications, and resources operated by third parties, including authorized retailers, social media platforms, and payment providers. Those links are provided for your convenience only. PopSockets does not control and is not responsible for the content, products, services, privacy practices, or accessibility of any third-party site. Inclusion of a link does not imply endorsement. Your dealings with any third party through a linked site are solely between you and that third party, and you should review that party’s terms and privacy policy before using its services.

28. Modification and Discontinuation

We may modify, suspend, or discontinue the Site or any feature, product, or service offered through it, in whole or in part, at any time. Where a change materially and adversely affects a feature you actively use, or affects an order you have already placed, we will give you reasonable notice. We will not be liable to you for any modification, suspension, or discontinuation of the Site, except where that liability cannot lawfully be excluded or where it affects an order we have already accepted, in which case we will either fulfill the order or refund you in full.

29. Our Commitment to Accessibility

PopSockets is committed to making the Site accessible to the widest possible audience, including people with disabilities. This Section constitutes our accessibility statement.

Standard applied. We aim to conform the Site to the Web Content Accessibility Guidelines (WCAG) 2.1 at conformance Level AA, and, for the purposes of Directive (EU) 2019/882 (the European Accessibility Act), to the accessibility requirements of the harmonized standard EN 301 549. Our goal is that the Site is perceivable, operable, understandable, and robust throughout the customer journey, including browsing, product information, account creation, checkout, payment, and post-purchase support.

Scope and current status. This statement applies to www.popsockets.com and the online storefront operated through it. PopSockets does not currently offer any mobile application; references that may exist to mobile applications in prior versions of these Terms no longer apply. We review the Site for accessibility on an ongoing basis and remediate issues we identify.

Accessibility of product information and support. We make available, in an accessible format, the information we hold about the accessibility features of the products we sell, including accessibility information supplied to us by manufacturers. Our customer support channels are available through accessible means of communication, and our support team can provide information about the accessibility features of our products and of the Site.

Feedback and complaints. If you encounter a barrier on the Site, or need information or a transaction provided in an alternative accessible format, contact us at cs@popsockets.com. Please tell us the page or feature involved and the assistive technology you are using. We aim to acknowledge accessibility feedback within five (5) business days and to provide a substantive response, including a remediation plan where appropriate, without undue delay.

Enforcement. If you are not satisfied with our response, you may contact the competent national authority responsible for enforcing accessibility requirements in your country of residence. In the United States, nothing in this Section limits any right you have under the Americans with Disabilities Act or applicable state law.

30. Dispute Resolution; Binding Arbitration; Class Action Waiver

This Section applies only if you are resident in the United States. It does not apply to consumers resident in the EEA, the UK, or any other jurisdiction whose law does not permit pre-dispute arbitration agreements with consumers; those consumers should refer to Sections 31 and 32.

Informal resolution first. Before commencing any proceeding, you and PopSockets agree to try to resolve the dispute informally. The party raising the dispute will send a written notice describing the dispute and the relief sought to the other — to legal@popsockets.com if you are raising it, or to the email address associated with your account if we are. The parties will negotiate in good faith for sixty (60) days. This informal resolution process is a condition precedent to commencing arbitration, and the limitations period is tolled during it.

Agreement to arbitrate. If the dispute is not resolved informally, you and PopSockets agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or our products — whether based in contract, tort, statute, fraud, or any other legal theory — will be resolved by final and binding individual arbitration administered by JAMS under its Streamlined Arbitration Rules and Procedures and, where applicable, its Consumer Arbitration Minimum Standards. The Federal Arbitration Act governs the interpretation and enforcement of this Section. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this agreement to arbitrate, except that a court has exclusive authority to decide any challenge to the class action waiver below.

Location, costs, and remedies. Arbitration will take place in the county of your residence or, at your election, by telephone, videoconference, or on the basis of written submissions. Where you are a consumer, PopSockets will pay all arbitration filing, administration, and arbitrator fees in excess of the amount you would have paid to file the claim in court. The arbitrator may award any relief that a court could award to you individually, including statutory damages and attorneys’ fees where authorized by law, and the arbitrator’s award is final and may be entered as a judgment in any court of competent jurisdiction.

Exceptions. Notwithstanding the foregoing: (a) either party may bring an individual claim in small claims court if it qualifies; and (b) either party may seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights.

Class action and jury trial waiver. You and PopSockets agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, representative, or private attorney general proceeding. The arbitrator may not consolidate the claims of more than one person or preside over any form of representative proceeding. You and PopSockets waive any right to a trial by jury. If this class action waiver is found unenforceable as to a particular claim or request for relief, that claim or request will be severed and heard in a court of competent jurisdiction, and the remaining claims will proceed in arbitration.

Coordinated or mass filings. If twenty-five (25) or more claimants represented by the same or coordinated counsel file demands for arbitration raising substantially similar claims within a ninety (90) day period, the parties agree that the claims will be administered in sequential batches of no more than fifty (50) claimants each, with a single arbitrator appointed per batch, in order to promote efficiency and reduce costs. The limitations period is tolled for claimants awaiting a later batch.

Your right to opt out. You may opt out of this Section 30 by sending written notice to legal@popsockets.com or to PopSockets LLC, Attn: Legal Department, 100 Technology Drive, Ste. 250, Broomfield, CO 80021, within thirty (30) days of the date you first accept these Terms. Your notice must include your name, the email address associated with your account, and a clear statement that you wish to opt out of arbitration. Opting out will not affect any other part of these Terms, and it will not affect your relationship with PopSockets in any other way. If you opt out, disputes will be resolved as provided in Section 31.

Survival. This Section survives termination of these Terms and closure of your account.

31. Law & Jurisdiction

These Terms and any dispute arising out of or relating to them or to the Site are governed by the laws of the State of Colorado and, where applicable, the federal laws of the United States, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Subject to Section 30, the state and federal courts located in Boulder County, Colorado have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to personal jurisdiction and venue in those courts.

Consumers in the EEA, the UK, and other protected jurisdictions. If you are a consumer resident in the EEA, the UK, or any other jurisdiction whose law confers mandatory protections on consumers, the choice of law and forum above does not deprive you of the protection afforded to you by provisions that cannot be derogated from by agreement under the law of your country of habitual residence. You may bring proceedings against us in the courts of your country of residence, and we will bring any proceedings against you only in those courts. The mandatory consumer law of your country of residence applies to the extent of any conflict with these Terms.

32. Complaints and Alternative Dispute Resolution

If you are dissatisfied with our products or services, please contact us first at cs@popsockets.com so that we have an opportunity to resolve the matter. We aim to acknowledge complaints within five (5) business days and to resolve them promptly.

If you are a consumer resident in the EEA or the UK and we are unable to resolve your complaint, you may be entitled to refer the matter to an alternative dispute resolution body competent in your country of residence. Please note that the European Commission’s Online Dispute Resolution platform has been discontinued and is no longer available. You may contact your national consumer authority or the European Consumer Centre in your country for information about the ADR bodies available to you. Use of an ADR body is voluntary for both parties unless required by applicable law, and it does not affect your right to bring proceedings before the courts of your country of residence.

33. Electronic Communications and Consent to Electronic Records

By using the Site, you consent to receive communications from us electronically, including by email and through notices posted on the Site. You agree that all agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that they be in writing, and that electronic signatures, contracts, orders, and records, and the electronic delivery of notices and policies, have the same legal effect as their non-electronic equivalents under the Electronic Signatures in Global and National Commerce Act and comparable law.

To receive communications electronically you need a device with internet access, a current web browser, a valid email address, and the ability to view and retain PDF documents. You may withdraw your consent to receive communications electronically, or request a paper copy of any record, by contacting legal@popsockets.com; we may be unable to continue providing certain online services if you withdraw consent.

34. Export Control and Sanctions Compliance

You represent that you are not located in, under the control of, or a national or resident of any country or territory subject to comprehensive United States sanctions, and that you are not listed on any United States government list of prohibited or restricted parties, including the Specially Designated Nationals and Blocked Persons List and the Denied Persons List. You agree not to purchase, export, re-export, or transfer any PopSockets product in violation of United States export control or economic sanctions laws or the comparable laws of any other applicable jurisdiction. We may cancel any order and suspend any account where we reasonably believe this Section has been or would be breached.

35. Gift Cards, Promotions, and Promotional Codes

Gift cards and promotional codes issued by PopSockets are subject to the terms disclosed at the time of issue and to any additional terms stated on the card or in the offer. Unless otherwise stated: promotional codes are single-use, may not be combined with other offers, have no cash value, and may be withdrawn or modified before use; gift cards are redeemable only on the Site, are not reloadable, and are not redeemable for cash except where required by applicable law. We will not deduct fees from, or impose an expiration date on, a gift card except to the extent permitted by applicable law. Sweepstakes, contests, and similar promotions are governed by their own official rules, which prevail over these Terms to the extent of any conflict.

36. Force Majeure

We are not liable for any delay in or failure of performance caused by an event beyond our reasonable control, including acts of God, fire, flood, severe weather, epidemic or pandemic, war, terrorism, civil unrest, labor dispute, failure of utilities or telecommunications, cyberattack, governmental action, embargo, customs delay, or failure of a carrier or supplier. If such an event occurs, we will notify you and use reasonable efforts to minimize the delay. If the delay continues for more than thirty (30) days, either of us may cancel the affected order, and we will refund you in full for any product not delivered. This Section does not limit any statutory right you have in relation to delayed delivery.

37. Assignment

You may not assign or transfer these Terms, or any right or obligation under them, without our prior written consent. We may assign or transfer these Terms, in whole or in part, to an affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets, provided that the assignment does not reduce any right or remedy you have under these Terms or under applicable law. We will notify you of any such assignment through the Site or by email.

38. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court or arbitrator of competent jurisdiction, that provision will be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed, and the remaining provisions will continue in full force and effect. The severance of any provision will not affect the validity or enforceability of that provision in any other jurisdiction.

39. Miscellaneous

These Terms, together with the Privacy Policy, the Cookie Policy, the Text Message Terms & Conditions, and any order confirmation or additional terms we present to you at the point of purchase, constitute the entire agreement between you and PopSockets with respect to the Site and supersede all prior understandings on that subject. Nothing in this paragraph limits any liability for fraudulent misrepresentation.

Our failure to enforce any provision of these Terms is not a waiver of that provision or of any other. No waiver is effective unless in writing and signed by an authorized representative of PopSockets. Headings are for convenience only and do not affect interpretation. The words “include” and “including” are not words of limitation. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and PopSockets, and these Terms confer no rights on any third party except as expressly stated.

Sections 3, 8, 9, 10, 20, 21, 22, 23, 30, 31, 38, and 39 survive termination or expiration of these Terms. If these Terms are translated into another language and there is a conflict between versions, the English version governs, except where the law of your country of residence provides otherwise.

40. Contact Us

If you have any question, complaint, or request relating to these Terms or to the Site, please contact us:

• General and legal: legal@popsockets.com
• Customer service and orders: cs@popsockets.com
• Privacy and data rights: gdpr@popsockets.com
• Accessibility: cs@popsockets.com
• Product safety: cs@popsockets.com
• Copyright and IP notices: legal@popsockets.com
• Postal: PopSockets LLC, Attn: Legal Department, 100 Technology Drive, Ste. 250, Broomfield, CO 80021, United States