Terms of Use

Last updated: March 25, 2023

1. Introduction

These Terms of Use (“Terms”) govern your use of the https://sizzlepop.ai/ website (the “Site”) operated by Howard Electronics Incorporated DBA CTL International Incorporated (“us”, “we”, or “our”). By accessing and using the Site, you agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree to these Terms, please do not use the Site.

2. Eligibility

By using the Site, you represent and warrant that you are at least 13 years of age. If you are under 13, you may not use the Site. If you are between the ages of 13 and 18, you may use the Site only with the permission and under the supervision of a parent or legal guardian.

3. Intellectual Property

The Site, its features, functionality, and all associated intellectual property rights, including but not limited to, copyrights, trademarks, service marks, logos, and trade names, are owned by or licensed to us. You agree not to copy, reproduce, distribute, modify, create derivative works from, publicly display, or otherwise use any of our intellectual property without our prior written consent.

4. User Content and Conduct

You are solely responsible for any content that you submit, post, or transmit through the Site, including but not limited to, text, images, and designs (“User Content”). By submitting, posting, or transmitting User Content, you represent and warrant that you have the necessary rights, licenses, or permissions to use and share such content.

You agree not to submit, post, or transmit any User Content that:

• Infringes on any third-party intellectual property rights, such as copyrights or trademarks;
• Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, or contains explicit or graphic descriptions or accounts of sexual acts;
• Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
• Impersonates any person, business, or entity, including us and our employees and agents;
• Contains viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or otherwise permit the unauthorized use of a computer or computer network;
• Encourages conduct that would constitute a criminal offense or that gives rise to civil liability;
• Violates these Terms, guidelines, or any other policy posted on the Site; or
• Interferes with the use of the Site by others.

We reserve the right to remove or edit any User Content at our sole discretion, without notice or liability to you.

5. User Accounts

To use certain features of the Site, you may be required to create an account. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss that you may incur as a result of someone else using your account, either with or without your knowledge.

6. Purchases

All purchases made through the Site are subject to our acceptance, which is at our sole discretion. We may refuse to accept or may cancel any purchase, whether or not the purchase has been confirmed, without liability to you or any third party. If you are under 18, you may use the Site only with the involvement of a parent or guardian.

7. Third-Party

Links and Services

The Site may contain links to third-party websites or services that are not owned or controlled by us. We have no control over and assume no responsibility for the content, privacy policies, or practices of any third-party websites or services. You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such third-party websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

8. Termination

We may terminate or suspend your access to the Site, without prior notice or liability, for any reason whatsoever, including, without limitation, if you breach these Terms. Upon termination, your right to use the Site will immediately cease. All provisions of these Terms which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

9. Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of your User Content, your use of the Site, your breach of these Terms, or your violation of any rights of another.

10. Limitation of Liability

In no event shall we, our directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including, without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Site; (ii) any conduct or content of any third party on the Site; (iii) any content obtained from the Site; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence), or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.

11. Disclaimer

Your use of the Site is at your sole risk. The Site is provided on an “AS IS” and “AS AVAILABLE” basis. The Site is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of performance.

We do not warrant that (i) the Site will function uninterrupted, secure, or available at any particular time or location; (ii) any errors or defects will be corrected; (iii) the Site is free of viruses or other harmful components; or (iv) the results of using the Site will meet your requirements.

12. Governing Law

These Terms shall be governed and construed in accordance with the laws of the jurisdiction in which our company is registered, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Site and supersede and replace any prior agreements we might have had between us regarding the Site.

13. Changes to These Terms

We reserve the right to update or modify these Terms at any time and from time to time without prior notice. You should review these Terms periodically, and especially before you provide any User Content or make a purchase. By continuing to access or use our Site after any revisions become effective, you agree to be bound by the updated Terms. If you do not agree to the new Terms, please stop using the Site.

14. Contact Information

If you have any questions about these Terms, please contact us:

• By email: admin@sizzlepop.ai

Please include your contact information and a detailed description of your request or concern.

15. Severability

If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.

16. Waiver

Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. No waiver of any provision of these Terms by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.

17. Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and of no effect. We may assign or transfer these Terms, at our sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors, and permitted assigns.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and us with respect to your use of the Site and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the subject matter hereof.

19. Force Majeure

We shall not be liable for any failure to perform or delay in performance of any of our obligations under these Terms or for any loss or damage caused by events or circumstances beyond our reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor, or materials.