All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, and arrangement of such Content, contained on the Online Services is owned, controlled or licensed by or to Pepper, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
REVISIONS, CHANGES, AND UPDATES
USE OF ONLINE SERVICES
You represent and warrant that you possess the legal right and ability to enter into this Agreement and to use these Online Services in accordance with all terms and conditions herein. You agree to be financially responsible for all use of these Online Services. You agree not to assign, transfer or sublicense user rights pursuant to this Agreement.
You may not attempt to gain unauthorized access to any portion or feature of the Online Services, or any other systems or networks connected to the Online Services or to any Pepper server, or to any of the services offered on or through the Online Services, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Online Services or any network connected to the Online Services, nor breach the security or authentication measures on the Online Services or any network connected to the Online Services. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Online Services, or any other customer of Pepper, including any Pepper account not owned by you, to its source, or exploit the Online Services or any service or information made available or offered by or through the Online Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Online Services.
You agree to comply with all laws, rules, and regulations applicable to your use of the Online Services. In addition, you agree not to:
a. upload, post, email, transmit, or otherwise make available any User-Provided Content that is known by you to be false, inaccurate, or misleading;
b. upload, post, email, transmit, or otherwise make available any User-Provided Content that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising);
c. upload, post, email, transmit, or otherwise make available any User-Provided Content that is, or may reasonably be considered to be, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that harms minors in any way;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any User-Provided Content transmitted in connection with the Online Services;
e. upload, post, email, transmit, or otherwise make available any User-Provided Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit, or otherwise make available any User-Provided Content that infringes any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
g. upload, post, email, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
h. upload, post, email, transmit, or otherwise make available any User-Provided Content for which you were compensated or granted any consideration by any third party;
i. upload, post, email, transmit, or otherwise make available any User-Provided Content that includes any information that references other websites, addresses, email addresses, contact information, or phone numbers;
j. upload, post, email, transmit, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
k. install any software, file, or code that is not authorized by the user of a computer or device or that assumes control of all or any part of the processing performed by a computer or device without the authorization of the user of the computer or device;
l. interfere with or disrupt the operation of the Online Services or server networks connected to the Online Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Online Services; or
m. collect or store information about other users of the Online Services.
INFORMATION, NEWS, AND PRESS RELEASES
The Online Services may contain information, news, and/or press releases about us. We disclaim any duty or obligation to update any such information, news, or press releases, and your reliance on information contained in these materials is at your own risk.
LINKS TO THIRD PARTY WEBSITES
The Online Services may contain links to websites published by other content providers. Also, at your request, the Online Services may connect to social networking websites that are not owned or controlled by us. These other websites are not under our control, and you acknowledge and agree that we are not responsible for the accuracy, collection, and use of your information, copyright compliance, legality, decency, or any other aspect of such websites or the content displayed on or through them. The inclusion of such a link does not imply our endorsement of any such website or the content displayed on or through it or any association with its operators, and we disclaim all liability with respect to such linked websites, including but not limited to your access to and/or use of the same. You will need to make your own independent judgment regarding your interaction with these linked sites.
YOUR PROVISION OF PERSONAL INFORMATION TO US
When you provide information about yourself to us, you agree to: (a) provide accurate, current, and complete information about yourself; and (b) maintain and promptly update such information to keep it accurate, current, and complete. If you provide any such information that is untrue, inaccurate, or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, we have the right to suspend or terminate any account you establish in connection with your use of the Online Services and refuse any and all current or future use of the Online Services or any portion thereof.
ACCESS, CORRECTION, AND DATA INTEGRITY
Although we attempt to maintain the integrity and accuracy of the information on the website, we make no guarantees as to its correctness, completeness, or accuracy. The website may contain typographical errors, inaccuracies, or other errors or omissions. Also, unauthorized additions, deletions, or alterations could be made to the website by third parties without our knowledge. If you believe that information found on the website is inaccurate or unauthorized, please inform us by contacting us at [email protected].
USER-PROVIDED CONTENT ON THE ONLINE SERVICES
You understand that all information, data, or other materials that you or another user provide in connection with the Online Services or otherwise communicate to us ("User-Provided Content"), including, but not limited to, product reviews, photographs, and personal anecdotes, are the sole responsibility of the person from whom such User-Provided Content originated. This means that you, and not us, are responsible for all User-Provided Content that you upload, post, email, transmit, or otherwise make available in connection with the Online Services. We do not control the User-Provided Content posted and, as such, do not guarantee the accuracy, integrity, or quality of any User-Provided Content. You understand that by using the Online Services, you may be exposed to User-Provided Content that is offensive, indecent, or objectionable. Under no circumstances will we be liable in any way for any User-Provided Content, including, but not limited to, for any errors or omissions in any User-Provided Content, or for any loss or damage of any kind incurred as a result of the publication or use of any User-Provided Content posted, emailed, transmitted, or otherwise made available in connection with the Online Services.
By submitting any User-Provided Content to Pepper, you represent and warrant that:
• all "moral rights" that you may have in such content have been voluntarily waived by you;
• you are at least 13 years old;
All User-Provided Content that you submit may be used at Pepper's sole discretion. Pepper reserves the right to change, condense, delete, or refuse to post any User-Provided Content on the Online Services in its sole discretion. Pepper does not guarantee that you will have any recourse through Pepper to edit or delete any User-Provided Content you have submitted. None of the User-Provided Content that you submit shall be subject to any obligation of confidence on the part of Pepper, its agents, subsidiaries, affiliates, partners, or third-party service providers and their respective directors, officers, and employees.
DIGITAL MILLENNIUM COPYRIGHT ACT
A. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid.
B. Counter-Notice. If you believe that your Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner's agent, or pursuant to the law, to post and use the material in your Content, you may send a counter-notice containing the following information to the Copyright Agent:
1. Your physical or electronic signature;
2. Identification of the Content that has been removed or to which access has been disabled and the location at which the Content appeared before it was removed or disabled;
3. A statement that you have a good faith belief that the Content was removed or disabled as a result of mistake or a misidentification of the Content; and
4. Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in Denver, Colorado, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
5. If a counter-notice is received by the Copyright Agent, Pepper may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed Content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at Pepper's sole discretion.
In accordance with the DMCA, Pepper has designated an agent to receive notification of alleged copyright infringement in accordance with the DMCA. Any written Notification of Claimed Infringement should comply with Title 17, United States Code, Section 512(c)(3)(A) and should be provided in writing to our designated agent as follows: [email protected]
YOUR GRANT OF LIMITED LICENSE
REGISTRATION AND ACCOUNT SECURITY
You agree to provide your real name and information and commit to the following relating to registering and maintaining the security of your account:
1. You will not provide any false personal information, or create an account for anyone other than yourself without permission.
2. You will not create more than one personal account.
3. If we disable your account, you will not create another one without our permission.
4. You will not use Pepper if you are under 13. If you are under 18, you may use this Online Services only with involvement of a parent or guardian.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, let anyone else access your account, or do anything else that might jeopardize the security of your account.
7. You will not transfer your account to anyone without first getting our written permission.
The Online Services may permit or require you to register or obtain a password prior to permitting access to certain products or services available through the Online Services. You acknowledge and agree that you are responsible for maintaining the confidentiality of your registration information and password, and for all uses of your registration information, account, and/or password. You agree to notify Pepper immediately of any unauthorized use of your account or password, or any other breach of security. You may be held liable for losses incurred by Pepper or any other user of or visitor to the Online Services due to someone else using your login ID, password or account as a result of your failing to keep your account information secure and confidential.
By placing an order, you represent that the products ordered will be used only in a lawful manner. Pepper reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Online Services, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
You are solely responsible for any and all transactions utilizing your Personal Financial Information, including, but not limited to, any and all charges. You acknowledge and agree that in the event third-party payment processor experiences a data breach that affects your Personal Financial Information, Pepper will in no way be responsible or liable to you for any such breach.
Pepper will not store any record of Personal Financial Information related to purchases or other transactions you make through the Pepper Services. You should therefore maintain records of all your transactions. If you have any questions regarding your transactions or believe that there is an error or unauthorized transaction or activity associated with transactions utilizing your Personal Financial Information, you must contact the third-party payment processor.
GIFT CARDS AND GIFT CERTIFICATES
All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Colorado. Gift cards in addition to unused balances, are not redeemable for cash and cannot be returned for a cash refund (except as required by law). Gift cards purchased in the United States may be redeemed only in the United States, its territories, and possessions. The gift card value is 1/10 of one cent. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Pepper is not responsible for lost or stolen gift cards. Pepper reserves the right to close accounts and request alternative forms of payment if a gift card is fraudulently obtained or used on the Service.
Pepper products displayed on the Online Services may be available in selected Pepper stores in the United States. The prices displayed on the Online Services are quoted in U.S. dollars, unless otherwise indicated. We have made every effort to display as accurately as possible the colors of our products that appear on the Online Services. However, as the actual colors you see will depend on your monitor, we cannot guarantee that your monitor's display of any color will be accurate.
Regardless of whether you have chosen to opt out of certain marketing offers from Pepper, by using Pepper’s Online Services you agree that we may market our services and the services of other companies on the Online Services through the use of banner ads, "hyper-links," and other similar marketing devices. Products offered will be at the sole discretion of Pepper, and may be provided by companies not affiliated with Pepper. Non-affiliated companies will be solely responsible and liable for the provision of or failure to provide stated services, benefits, or products. Pepper does not legally endorse or guarantee products or services provided by non-affiliated companies.
DISCLAIMER OF WARRANTIES
THE ONLINE SERVICES AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Online Services ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE Online Services AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE ONLINE SERVICES ARE PROVIDED WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. WE AND OUR AFFILIATES DO NOT WARRANT THAT THE MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Online Services ARE ACCURATE, RELIABLE, OR CORRECT; THAT THE ONLINE SERVICES WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE ONLINE SERVICES IS AT YOUR SOLE RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
Pepper reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Online Services, or any portion of the Online Services, for any reason; (2) to modify or change the Online Services, or any portion of the Online Services, and any applicable policies or terms; and (3) to interrupt the operation of the Online Services, or any portion of the Online Services, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF, OR INABILITY TO USE, THE ONLINE SERVICES. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN THE EVENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF DAMAGES TO THE EXTENT INDICATED ABOVE, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR. WE WILL NOT BE LIABLE TO YOU FOR ANY LOST PROFITS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR INCIDENTAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR PEPPER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR AGGREGATE LIABILITY ARISING OUT OF THIS STATEMENT OR PEPPER WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, PEPPER'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
Pepper may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Online Services, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) Pepper’s rights or property, or the rights or property of visitors to or users of the Online Services, including Pepper’s customers. Pepper reserves the right at all times to disclose any information that Pepper deems necessary to comply with any applicable law, regulation, legal process or governmental request. Pepper also may disclose your information when Pepper determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to create a global community with consistent standards for everyone, but we also strive to respect local laws. The following provisions apply to users and non-users who interact with Pepper outside the United States:
1. You consent to having your personal data transferred to and processed in the United States.
2. If you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of Specially Designated Nationals you will not engage in commercial activities on Pepper’s website (such as advertising or payments).
VOID WHERE PROHIBITED
Pepper administers and operates the Pepper Online Services from its location in Denver, Colorado USA and New York, NY USA; other Pepper sites may be administered and operated from various locations outside the United States. Although the Online Services is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Online Services are available to all persons or in all geographic locations, or appropriate or available for use outside the United States. Pepper reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Online Services is void where prohibited. If you choose to access the Online Services from outside the United States, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
1. This agreement makes up the entire agreement between the parties regarding Pepper, and supersedes any prior agreements.
3. You will not transfer any of your rights or obligations under this agreement to anyone else without our consent.
4. All of our rights and obligations under this agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
5. Nothing in this agreement shall prevent us from complying with the law.
6. This agreement does not confer any third party beneficiary rights.
7. We reserve all rights not expressly granted to you.
8. You will comply with all applicable laws when using or accessing Pepper.