Terms of use
THESE TERMS OF USE INCLUDE A MANDATORY ARBITRATION PROVISION AND CLASS ACTION AND JURY TRIAL WAIVERS, WHICH MEANS THAT YOU AGREE TO ARBITRATE ALL DISPUTES AND PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION AND WAIVE YOUR RIGHT TO A TRIAL BY JURY. DO NOT ACCESS OR USE THE PEPPER SITE OR ONLINE SERVICES IF YOU DO NOT AGREE TO THESE TERMS OF USE IN THEIR ENTIRETY.
Pepper Body, Inc.
Terms of Use
Last Modified: [06.15, 2026]
AGREEMENT
These Terms of Use (the “Terms of Use”) describe the terms and conditions applicable to your use of this web site (the “Site”) operated by Pepper Body, Inc. (“Pepper,” “we,” “our,” or “us”) or any other website or mobile applications that link to this policy (collectively, with the Site, the “Online Services”). Your access to and use of the Online Services and the information, materials, products, and services available through the Online Services are subject to all applicable laws and regulations and to these Terms of Use, including any future modifications. Please read these Terms of Use carefully before you start to use the Online Services. By accessing, browsing, or shopping on the Online Services, you acknowledge that you have read and understand the terms and conditions of these Terms of Use and our Privacy Policy (the “Privacy Policy”), found at https://www.wearpepper.com/policies/privacy-policy, incorporated herein by reference, and that you agree to be bound by such terms and conditions. If you do not agree to be bound by these Terms of Use and to abide by all applicable laws, you must discontinue use of the Online Services immediately. As long as you comply with these Terms of Use, Pepper grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Online Services.
CONTENT
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.
These Terms of Use permit you to use the Online Services for your personal, non-commercial use only. Except as expressly provided in these Terms of Use, no part of the Online Services and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without Pepper’s express prior written consent. If you copy, reproduce, republish, upload, post, publicly display, encode, translate, transmit or distribute or provide any other person with access to any part of the Online Services in breach of these Terms of Use, your right to use the Online Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Online Services or any Content on the Online Services is transferred to you, and all rights not expressly granted are reserved by Pepper. Any use of the Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
REVISIONS, CHANGES, AND UPDATES
We may revise the information on this website or otherwise change or update the website, including these Terms of Use, from time to time at our sole discretion. Pepper may also make improvements and/or changes in products and/or services described on the Online Services or add new features to the Online Services at any time without notice. You are expected to periodically read these Terms of Use so you are aware of any changes to our policies, as they are binding on you. Your continued use of the Online Services following the posting of revised Terms of Use signifies your continued agreement to these Terms of Use as they may be revised.
PRIVACY POLICY
Our Privacy Policy explains our practices relating to the collection and use of your information through or in connection with the Online Services. The Privacy Policy is incorporated into these Terms of Use, and governs our use of your information and/or any information you submit or otherwise make available to us in connection with the Online Services. By accepting these Terms of Use you acknowledge the collection and use of your information by the Online Services as described in the Privacy Policy. Additionally, by using the Online Services, you acknowledge and agree that digital transmissions and other communications are never guaranteed to be completely private or secure. You understand that any message or information you send to the Online Services may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.
USE OF ONLINE SERVICES
You represent and warrant that you possess the legal right and ability to be bound by these Terms of Use 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 these Terms of Use.
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, transmit, or otherwise make available any User‑Provided Content that is false, misleading, unlawful, defamatory, obscene, abusive, harassing, hateful, discriminatory, invasive of another’s privacy, harmful to minors, or otherwise objectionable;
b. upload, post, transmit, or otherwise make available any User‑Provided Content that you do not have the legal right to share, including content that infringes or misappropriates any patent, trademark, copyright, trade secret, right of publicity, or other proprietary or confidential rights of any person or entity;
c. forge headers, manipulate identifiers, or otherwise disguise the origin of any User‑Provided Content, or impersonate or attempt to impersonate Pepper, a Pepper employee, another user, or any other person or entity;
d. upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes, or other forms of solicitation, including undisclosed compensated content;
e. upload, transmit, or otherwise make available any material containing viruses, malware, or other harmful code, or take any action that interferes with, disrupts, disables, overburdens, or damages the Online Services, servers, or networks connected to the Online Services;
f. use any robot, spider, scraper, or other automated means to access or copy the Online Services, attempt to gain unauthorized access to any systems or data, conduct denial‑of‑service attacks, or otherwise interfere with the proper operation or security of the Online Services; or
g. collect, harvest, or store information about other users except as expressly permitted through the normal operation of the Online Services. You may not use the Online Services for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of Pepper or others.
INFORMATION, NEWS, AND PRESS RELEASES
The Online Services may contain information, news, and/or press releases about us. The information presented on or through the Online Services is made available solely for general information purposes. We may update the Content and information on the Online Services from time to time, but its Content and information is not necessarily complete or up to date. Any of the material on the Online Services may be out of date at any given time, and we are under no obligation to update such material. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Online Services, or by anyone who may be informed of any of its contents.
Although we attempt to maintain the integrity and accuracy of the information on the Online Services, the Online Services may contain typographical errors, inaccuracies, or other errors or omissions, and unauthorized additions, deletions, or alterations could be made by third parties without our knowledge. If you believe that any information on the Online Services is inaccurate or unauthorized, please contact us at hello@wearpepper.com.
The Online Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the Content provided by Pepper, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Pepper. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
LINKS TO THIRD PARTY WEBSITES
The Online Services may contain links to websites or services published by other content providers or third parties. The Online Services may also connect to social networking websites that are not owned or controlled by us. These other websites (collectively, “Third-Party Connections”) 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 is solely for your convenience and 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. If you decide to access any of the Third-Party Connections linked to the Online Services, you do so entirely at your own risk and subject to the terms and conditions of use and privacy policies for such websites.
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.
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. User-Provided Content is considered non-confidential and non-proprietary.
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;
• all content that you post is accurate, does not violate these Terms of Use, including the Content Standards set forth below, and will not cause injury to any person or entity;
• you are at least eighteen (18) years old or the age of majority in your jurisdiction of residence; and
• you own or control all rights in and to the User-Provided Content and have the right to submit and license such content as provided in these Terms of Use.
By submitting any User‑Provided Content to Pepper, you grant Pepper and its affiliates, service providers, licensees, successors, and assigns a non‑exclusive, worldwide, royalty‑free, perpetual, irrevocable, transferable, sublicensable license to use, reproduce, modify, adapt, publish, perform, display, distribute, and otherwise disclose such User‑Provided Content in any media now known or later developed for any lawful purpose.
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. We reserve the right to monitor, review, or remove User‑Provided Content for any or no reason, including if we believe such content violates these Terms of Use or the Content Standards, infringes any rights, or could create liability.
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.
We are not responsible or liable to any third party for the content or accuracy of any User‑Provided Content posted by you or any other user of the Online Services.
We may disclose your identity or other information about you if required by law or if a third party claims that your User‑Provided Content violates their rights.
CONTENT STANDARDS
These content standards (“Content Standards”) apply to all User‑Provided Content and use of any interactive features of the Online Services. User‑Provided Content must comply in its entirety with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User‑Provided Content must not:
• contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable;
• promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• infringe any patent, trademark, trade secret, copyright, right of publicity, right of privacy, or other intellectual property or proprietary rights of any person or entity;
• violate the legal rights of others or be likely to give rise to any civil or criminal liability under applicable laws or regulations;
• be misleading, deceptive, or likely to deceive any person;
• promote, advocate, or assist any illegal or unlawful activity;
• impersonate any person or misrepresent your identity or affiliation with any person or organization;
• involve commercial activities or sales, including advertising, promotions, contests, sweepstakes, or other solicitations, unless expressly authorized by Pepper;
• submit photos, videos, images, or other information pertaining to children under the age of 18 to the Online Services; or
• give the impression that such content is endorsed by Pepper or any other person or entity if this is not the case.
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 intellectual property rights under U.S. copyright law. You may wish to consult a legal advisor before submitting a notice or counter‑notice, and you should be aware that there may be penalties for knowingly making false claims. 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 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 the 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 us to locate the material;
4. Information reasonably sufficient to permit us 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. 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 at hello@wearpepper.com.
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. To purchase any products or services sold through the Online Services, or to utilize any services we offer ourselves or through a third party, you must be at least eighteen (18) years of age or the applicable age of majority in your jurisdiction of residence.
5. You will keep your contact information accurate and up-to-date.
6. You will not share your password, allow anyone else to 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 obtaining our written permission.
8. You agree to notify us immediately of any unauthorized access to or use of your account or any other breach of security, and to log out of your account at the end of each session.
9. You acknowledge that your account is personal to you and that you are responsible for all activity that occurs under your account.
All information you provide in connection with registering for or using the Online Services is governed by our Privacy Policy, and you acknowledge that we take actions with respect to your information consistent with that policy.
We reserve the right to disable, suspend, or terminate any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion, including if we believe you have violated these Terms of Use.
PASSWORDS
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 password. You may be held liable for losses incurred by Pepper or any other user of or visitor to the Online Services due to unauthorized use of your login ID, password or account as a result of your failing to keep your account information secure and confidential.
PURCHASES
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.
If you wish to purchase any products or services made available through the Online Services, you may be asked to supply certain information in connection with such purchase, including, but not limited to, your credit card number or other payment account number, your billing address, and your shipping information (“Personal Financial Information”). BY INITIATING A PURCHASE, YOU REPRESENT AND WARRANT THAT YOU (A) ARE EIGHTEEN (18) YEARS OF AGE OR OLDER AND (B) HAVE THE LEGAL RIGHT TO USE THE PAYMENT MEANS SELECTED BY YOU. By supplying such information, you authorize the use of such information in accordance with our Privacy Policy, including, but not limited to, providing such information to third parties for the purposes of order fulfillment and payment processing. You also understand and acknowledge that Pepper uses a third-party payment processor (i.e., Shopify) to process credit card payments on our behalf, and when you supply payment information in connection with a purchase you agree that Pepper is not responsible for the security of such information when it is in the control of the third-party payment processor.
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 our 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.
We encourage you to contact us directly to resolve any billing questions or disputes before initiating a chargeback or payment dispute with your bank or payment provider. If you initiate a chargeback, payment dispute, or reversal for any fees or payments paid to Pepper, we reserve the right to suspend or terminate your access to the Online Services pending resolution of such dispute. You agree that you are responsible for all chargeback fees, dispute fees, penalties, or similar costs imposed by payment processors, card networks, or financial institutions arising from such disputes. We reserve the right to re‑invoice any undisputed amounts owed, to contest any chargeback or dispute in our sole discretion, and to rely on these Terms of Use as evidence in connection with any such dispute. Repeated or abusive chargebacks may result in immediate termination of your account.
Pepper will not store any record of Personal Financial Information related to purchases or other transactions you make through the Online 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 our third-party payment processor.
GIFT CARDS AND GIFT CERTIFICATES
All gift cards, e-gift cards, and other gift certificates (collectively, “Gift Cards”) 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 Online Service.
PRODUCT INFORMATION
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.
TRADEMARKS
Pepper, the terms, the Pepper logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Pepper or its affiliates or licensors. You must not use such marks without the prior written consent of Pepper. All other names, logos, product and service names, designs, and slogans on the Online Services are the trademarks of their respective owners.
MARKETING
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.
Marketing communications, including email and text messages, and any related consent, opt‑out rights, and data‑use practices are governed by our Privacy Policy, and, where applicable, our Mobile Terms of Service located at https://pepper-body-inc.myklpages.com/p/mobile-terms-of-service. Generally, you may opt out of marketing communications by following the instructions in such messages, such as by clicking “unsubscribe” on an email communication or by replying “STOP” to a SMS communication, or by sending us an email with your request to privacy@wearpepper.com. You may also opt-out of further marketing communications by replying to any promotional email we have sent you or following the opt-out links on that message.
DISCLAIMER OF WARRANTIES
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, 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, STATUTORY, OR OTHERWISE, 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, SECURE, 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 OR ANY SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THAT THE ONLINE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. 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.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL WE OR OUR AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA 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 FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT ANY LIABILITY IS NOT OTHERWISE EXCLUDED UNDER THESE TERMS OF USE, OUR AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE ONLINE SERVICES AND THESE TERMS OF USE SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE AMOUNT YOU HAVE PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU HEREBY RELEASE AND FOREVER DISCHARGE PEPPER (AND OUR AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, OFFICERS, DIRECTORS, SUPPLIERS, LICENSORS, SUCCESSORS, AND ASSIGNS) FROM, AND HEREBY WAIVE AND RELINQUISH, EACH AND EVERY PAST, PRESENT AND FUTURE DISPUTE, CLAIM, CONTROVERSY, DEMAND, RIGHT, OBLIGATION, LIABILITY, ACTION AND CAUSE OF ACTION OF EVERY KIND AND NATURE (INCLUDING PERSONAL INJURIES, DEATH, AND PROPERTY DAMAGE), THAT HAS ARISEN OR ARISES DIRECTLY OR INDIRECTLY OUT OF, OR THAT RELATES DIRECTLY OR INDIRECTLY TO, THE SITE OR ONLINE SERVICES (INCLUDING ANY INTERACTIONS WITH, OR ACT OR OMISSION OF, ANY THIRD-PARTY CONNECTIONS) EXCEPT TO THE EXTENT CAUSED DIRECTLY BY OUR WILLFUL OR INTENTIONAL MISCONDUCT.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE §1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY HIM OR HER WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. 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.
INDEMNIFICATION
You agree to defend, indemnify, and hold us, our affiliates, subsidiaries, licensors, joint ventures, third-party service providers, and their and our respective employees, contractors, agents, licensors, suppliers, officers, directors, successors, and assigns (collectively, the “Pepper Indemnitees”) harmless from all liabilities, claims, demands, damages, judgments, awards, losses, costs, fees and expenses (including reasonable attorneys' fees) that arise out of, are in connection with, or are related to: (1) any User-Provided Content you submit, post, transmit, or make available through the Online Services, (2) your violation of these Terms of Use, (3) your use or misuse of the Online Services or any information obtained therefrom, (4) your violation of applicable laws or regulations; (5) your violation of any third-party rights including but not limited to your infringement or alleged infringement of any intellectual property, proprietary, privacy, or other rights of any person or entity or your misappropriation or alleged misappropriation of the trade secret rights of any person or entity; (6) any sales taxes or other taxes arising from your use of the Online Services; and/or (7) your use of any Third-Party Connections. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify the Pepper Indemnitees, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent, which we may withhold in our sole and exclusive discretion. We will use commercially reasonable efforts to notify you of any such claim, action, or proceeding within a commercially reasonable time upon becoming aware of it.
VIOLATION OF THESE TERMS OF USE
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.
You acknowledge and agree that Pepper may preserve any transmittal or communication by you with Pepper through the Online Services or any service offered on or through the Online Services, and may also disclose such data if required to do so by law or Pepper determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of Pepper, its employees, users of or visitors to the Online Services, and the public.
Without limitation, Pepper reserves the right, in its sole discretion, to remove, disable, or refuse to post any User‑Provided Content, or to take any other action we deem necessary or appropriate, including if we believe such content violates these Terms of Use or the Content Standards, infringes any rights, threatens the safety of users or the public, or could create liability for Pepper.
Pepper may also take appropriate legal action, including without limitation referral to law enforcement, for any illegal or unauthorized use of the Online Services, and may cooperate fully with law enforcement authorities or court orders requesting or directing disclosure of information relating to users or content.
You agree that Pepper may, in its sole discretion and without prior notice, terminate your access to the Online Services and/or block your future access to the Online Services if we determine that you have violated these Terms of Use or other agreements or guidelines, which may be associated with your use of the Online Services. You agree that Pepper may, in its sole discretion and without prior notice, terminate your access to the Online Services, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Online Services or any service offered on or through the Online Services, or (4) unexpected technical issues or problems.
Pepper does not undertake to review all content or communications before they are posted or transmitted through the Online Services and assumes no liability for any action or inaction regarding monitoring, review, removal, or enforcement of content or user conduct.
If Pepper does take any legal action against you as a result of your violation of these Terms of Use, Pepper will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Pepper. You agree that Pepper will not be liable to you or to any third party for termination of your access to the Online Services as a result of any violation of these Terms of Use.
GOVERNING LAW
You agree that all matters relating to these Terms of Use and your access to or use of the Online Services, including all disputes, claims, or causes of action (including non-contractual disputes or claims), will be governed by the laws of the State of Delaware without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in the State of Colorado, and waive any objection to such jurisdiction or venue. The preceding provision regarding venue does not apply if you are a consumer based in the European Union. If you are a consumer based in the European Union, you may make a claim in the courts of the country where you reside. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, to the fullest extent permitted by applicable law, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation.
CLASS ACTION WAIVER; JURY TRIAL WAIVER; USE OUTSIDE OF THE UNITED STATES OF AMERICA; AND DISPUTE RESOLUTION
PLEASE READ THIS SECTION (INCLUDING ITS SUBSECTIONS) CAREFULLY. IT LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US AND INCLUDES A WAIVER OF CLASS ACTION AND RIGHT TO JURY TRIAL.
Waiver of Class or Other Non-Individualized Relief. ALL DISPUTES, CLAIMS, AND REQUESTS FOR RELIEF WITHIN THE SCOPE OF THIS SECTION MUST BE LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS, ONLY INDIVIDUAL RELIEF IS AVAILABLE, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE LITIGATED OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER.
Waiver of Jury Trial. YOU AND PEPPER HEREBY EACH IRREVOCABLY AND UNCONDITIONALLY WAIVE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, ONLINE SERVICES, OR ANY TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS SECTION.
Use Outside of the United States. The Online Services are operated by us from our offices within the United States of America. We make no representation that the Online Services are appropriate or available for use in other locations, and access to the Online Services from territories where the access to or use of the Online Services may be illegal is prohibited. Those who choose to access or use the Online Services from other locations do so, on their own initiative and are responsible for compliance with applicable local laws.
Dispute Resolution by Binding Arbitration. MOST DISPUTES AND CONCERNS CAN BE RESOLVED QUICKLY AND TO YOUR SATISFACTION BY CONTACTING US AT hello@wearpepper.com. HOWEVER, IN THE UNLIKELY EVENT THAT PEPPER CANNOT RESOLVE A DISPUTE WITH YOU, THEN, EXCEPT WITH RESPECT TO SMALL COURT CLAIMS AND CLAIMS RELATED TO INTELLECTUAL PROPERTY AS SET FORTH IN THE “ARBITRATION AGREEMENT” SECTION BELOW (“ARBITRATION AGREEMENT”), BOTH YOU AND PEPPER AGREE TO SUBMIT THE DISPUTE TO THE AMERICAN ARBITRATION ASSOCIATION UNDER ITS CONSUMER AND/OR COMMERCIAL ARBITRATION RULES OR, BY SEPARATE MUTUAL AGREEMENT, TO ANOTHER ARBITRATION INSTITUTION, IN ACCORDANCE WITH THE “ARBITRATION AGREEMENT” SECTION BELOW.
ARBITRATION AGREEMENT
i) CLAIMS TO BE RESOLVED BY BINDING ARBITRATION. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PEPPER AND YOU AGREE TO ARBITRATE ANY AND ALL DISPUTES AND CLAIMS BETWEEN YOU AND PEPPER, AND BETWEEN YOU AND OUR FORMER OR PAST EMPLOYEES, DIRECTORS, OFFICERS AND CONTRACTORS, IN ALL CASES ARISING OUT OF OR RELATING TO THE TERMS OR THE SERVICES, EXCEPT THAT: (1) EACH PARTY MAY COMMENCE AN ACTION IN A COURT OF PROPER JURISDICTION FOR INJUNCTIVE OR OTHER EQUITABLE RELIEF AS CONTEMPLATED IN (vii) BELOW (INJUNCTIVE RELIEF) PENDING A FINAL DECISION BY THE ARBITRATOR, (2) EITHER PARTY MAY BRING AN INDIVIDUAL ACTION IN SMALL CLAIMS COURT IF THE RULES OF THAT SMALL CLAIMS COURT WILL ALLOW IT. IF EITHER PARTY DOES NOT BRING ITS CLAIM IN SMALL CLAIMS COURT (OR IF YOU OR WE APPEAL A SMALL CLAIMS COURT JUDGMENT TO A COURT OF GENERAL JURISDICTION), THEN THE CLAIMS MUST BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION.
YOU AGREE THAT, BY AGREEING TO THESE TERMS, YOU AND PEPPER ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION TO THE MAXIMUM EXTENT PERMITTED BY LAW. THESE TERMS EVIDENCE A TRANSACTION IN INTERSTATE COMMERCE, AND THUS THE FAA GOVERNS THE INTERPRETATION AND ENFORCEMENT OF THIS ARBITRATION PROVISION. THIS ARBITRATION PROVISION SHALL SURVIVE TERMINATION OF THE TERMS OR YOUR RELATIONSHIP WITH PEPPER FOR ANY REASON.
ii) ARBITRATOR. ANY ARBITRATION BETWEEN YOU AND PEPPER WILL BE GOVERNED BY THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (COLLECTIVELY, “AAA RULES”) OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”), AS MODIFIED BY THESE TERMS, AND WILL BE ADMINISTERED BY THE AAA. THE AAA RULES AND FILING FORMS ARE AVAILABLE ONLINE AT WWW.ADR.ORG, BY CALLING THE AAA AT 1-800-778-7879, OR BY CONTACTING PEPPER.
ALL ISSUES ARE FOR THE ARBITRATOR TO DECIDE, INCLUDING THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION AS WELL AS OTHER TERMS AND CONDITIONS IN THESE TERMS, AND THE ARBITRATOR SHALL HAVE EXCLUSIVE AUTHORITY TO RESOLVE ANY SUCH DISPUTE RELATING TO THE SCOPE AND ENFORCEABILITY OF THIS ARBITRATION PROVISION OR ANY OTHER TERM OF THESE TERMS INCLUDING, WITHOUT LIMITATION, ANY CLAIM THAT ALL OR ANY PART OF THIS ARBITRATION PROVISION OR THESE TERMS IS VOID OR VOIDABLE. HOWEVER, IF PUTATIVE CLASS OR REPRESENTATIVE CLAIMS ARE INITIALLY BROUGHT BY EITHER PARTY IN A COURT OF LAW, AND A MOTION TO COMPEL ARBITRATION IS BROUGHT BY ANY PARTY, THEN THE COURT SHALL DECIDE WHETHER THESE TERMS PERMIT CLASS OR REPRESENTATIVE PROCEEDINGS. FOR THE AVOIDANCE OF DOUBT, THE COURT AND ARBITRATOR SHALL BE BOUND BY THESE TERMS, INCLUDING WITH REGARD TO THE CLASS ACTION WAIVER PROVISION BELOW. IN ANY ARBITRATION, THE ARBITRATOR SHALL FOLLOW THE APPLICABLE LAW. THE ARBITRATOR SHALL NOT HAVE THE POWER TO COMMIT MANIFEST ERRORS OF LAW OR LEGAL REASONING, AND ANY AWARD RENDERED BY THE ARBITRATOR THAT EMPLOYS A MANIFEST ERROR OF LAW OR LEGAL REASONING MAY BE VACATED OR CORRECTED BY A COURT OF COMPETENT JURISDICTION FOR ANY SUCH ERROR.
DURING THE ARBITRATION, THE AMOUNT OF ANY SETTLEMENT OFFER MADE BY PEPPER OR YOU SHALL NOT BE DISCLOSED TO THE ARBITRATOR UNTIL AFTER THE ARBITRATOR DETERMINES THE AMOUNT, IF ANY, TO WHICH YOU OR PEPPER ARE ENTITLED. IN ARBITRATION, AND TO THE EXTENT OTHERWISE PERMITTED BY LAW, THE PARTIES MAY EXCHANGE “OFFERS OF COMPROMISE” OR STIPULATE TO JUDGMENTS OR AWARDS IN THE SAME WAY THE PARTIES COULD IN COURT, INCLUDING FOR EXAMPLE, UNDER CALIFORNIA CODE OF CIVIL PROCEDURE SECTION 998 FOR ARBITRATIONS TAKING PLACE IN CALIFORNIA. SUCH OFFERS OF COMPROMISE SHALL HAVE THE SAME FORCE AND EFFECT AS THEY WOULD IN A COURT PROCEEDING. THE ARBITRATION PROCEEDINGS SHALL OTHERWISE REMAIN CONFIDENTIAL, EXCEPT FOR PURPOSES OF SEEKING COURT INTERVENTION (IF NECESSARY).
iii) NOTICE AND PROCESS. A PARTY WHO INTENDS TO SEEK ARBITRATION MUST FIRST SEND TO THE OTHER, BY CERTIFIED MAIL, A WRITTEN NOTICE OF DISPUTE (“NOTICE”). THE NOTICE TO PEPPER SHOULD BE ADDRESSED TO: Pepper Body Inc., 1624 Market Street Suite 226, PMB 34732, Denver, Colorado 80202-1559, USA (“NOTICE ADDRESS”) AND MUST BE SIGNED BY YOU PERSONALLY. NOTICE TO YOU FROM PEPPER MAY BE TO YOU DIRECTLY, OR IF YOU ARE REPRESENTED BY COUNSEL, TO YOUR LEGAL COUNSEL. THE NOTICE MUST (A) DESCRIBE THE NATURE AND BASIS OF THE CLAIM OR DISPUTE; AND (B) SET FORTH THE SPECIFIC RELIEF SOUGHT (“DEMAND”). IF YOU AND PEPPER DO NOT REACH AN AGREEMENT TO RESOLVE THE CLAIM WITHIN THIRTY (30) DAYS AFTER THE NOTICE IS RECEIVED, YOU OR PEPPER MAY COMMENCE AN ARBITRATION PROCEEDING PURSUANT TO THE TERMS OF THIS ARBITRATION AGREEMENT.
iv) FEES. IN THE EVENT THAT YOU COMMENCE ARBITRATION IN ACCORDANCE WITH THESE TERMS, PEPPER WILL, AT YOUR REQUEST, REIMBURSE YOU FOR YOUR PAYMENT OF THE ARBITRATION FILING FEE, UNLESS YOUR CLAIM IS FOR GREATER THAN $10,000, IN WHICH CASE THE PAYMENT OF ANY FEES SHALL BE DECIDED BY THE AAA RULES. ANY REQUEST FOR PAYMENT OF FEES BY PEPPER SHOULD BE SUBMITTED BY MAIL TO THE AAA ALONG WITH YOUR DEMAND FOR ARBITRATION AND PEPPER WILL MAKE ARRANGEMENTS TO PAY ALL NECESSARY FEES DIRECTLY TO THE AAA. IN THE EVENT THE ARBITRATOR DETERMINES THE CLAIM(S) YOU ASSERT IN THE ARBITRATION TO BE FRIVOLOUS OR BROUGHT FOR AN IMPROPER PURPOSE (AS MEASURED BY THE STANDARDS SET FORTH IN FEDERAL RULE OF CIVIL PROCEDURE 11(B) OR ITS SUCCESSOR RULE), YOU AGREE TO REIMBURSE PEPPER FOR ALL FEES ASSOCIATED WITH THE ARBITRATION PAID BY PEPPER ON YOUR BEHALF THAT YOU OTHERWISE WOULD BE OBLIGATED TO PAY UNDER THE AAA’S RULES.
IF YOUR CLAIM IS FOR $10,000 OR LESS, YOU MAY CHOOSE WHETHER THE ARBITRATION WILL BE CONDUCTED SOLELY ON THE BASIS OF DOCUMENTS SUBMITTED TO THE ARBITRATOR, THROUGH A NON-APPEARANCE BASED TELEPHONIC HEARING, OR BY AN IN-PERSON HEARING AS ESTABLISHED BY THE AAA RULES. ANY IN-PERSON ARBITRATION HEARINGS WILL TAKE PLACE AT A LOCATION TO BE AGREED UPON IN Denver, Colorado. REGARDLESS OF THE MANNER IN WHICH THE ARBITRATION IS CONDUCTED, THE ARBITRATOR SHALL ISSUE A REASONED WRITTEN DECISION SUFFICIENT TO EXPLAIN THE ESSENTIAL FINDINGS AND CONCLUSIONS ON WHICH THE DECISION AND AWARD, IF ANY, ARE BASED. THE ARBITRATOR MAY MAKE RULINGS AND RESOLVE DISPUTES AS TO THE PAYMENT AND REIMBURSEMENT OF FEES OR EXPENSES AT ANY TIME DURING THE PROCEEDING AND UPON REQUEST FROM EITHER PARTY MADE WITHIN FOURTEEN (14) DAYS OF THE ARBITRATOR’S RULING ON THE MERITS.
v) MASS, COLLECTIVE, OR BATCH ARBITRATION. YOU AND PEPPER AGREE THAT ADMINISTRATION OF ANY MASS, COLLECTIVE OR BATCH ARBITRATION SHALL BE GOVERNED BY THE TERMS SET FORTH IN THIS SUBSECTION (v). You and Pepper agree that a “mass, collective, and/or batch arbitration” includes, but is not limited to, instances in which you and others are represented by a law firm or collection of law firms or legal counsel that has filed more than 150 arbitration demands of a substantially similar nature against Pepper, alleging similar or identical claims or causes of action, within 180 days of the arbitration demand filed on your or others behalf, and the law firm or collective of legal counsel/law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands together. If more than 150 arbitration demands of a substantially similar nature, alleging the similar or identical claims or causes of action, are filed against Pepper by the same law firm or collection of legal counsel/law firms within 180 days of one another, each arbitration demand must be filed, administered, arbitrated, and resolved pursuant to this subsection (v).
Specifically, in order to increase the efficiency of resolution for any mass, collective, and/or batch arbitration, in the event 50 or more similar arbitration demands against Pepper are filed within a 180 day period pursuant to the above, the arbitration provider shall (A) group the arbitration demands into batches of no more than 50 demands per group; and (B) provide for resolution of each group or batch as a single arbitration with one set of filing and administrative fees and a single arbitrator assigned per group or batch. You and Pepper agree to cooperate in good faith with the arbitration provider to implement the aforementioned protocol for mass, collective, and/or batch arbitrations with regard to resolution, fees and administration. If subsections (v)(A) or (v)(B) are not enforced, or the arbitration provider refuses to follow these specific mass, collective, and/or batch arbitration protocols, then each arbitration demand must be filed, administered, arbitrated, and resolved individually, or the parties agree to seek out a different, mutually agreeable and widely-recognized arbitration organization agreeable to follow subsections (v)(A) or (v)(B). If any other portion of this subparagraph (v) is found to be unenforceable, then the unenforceable portion of the provision shall be stricken, and the remainder of subparagraph (v) and this Arbitration Agreement shall be enforced to the maximum extent permitted by law. Mass, collective, and/or batch arbitrations shall otherwise be subject to all other substantive and procedural terms contained within this Arbitration Agreement.
vi) Discovery. Discovery and/or the exchange of non-privileged information relevant to the dispute will be governed by the AAA Rules.
vii) Injunctive Relief. Notwithstanding the Arbitration Agreement, you acknowledge that money damages are an inadequate remedy for unauthorized access to or use of the Services or your breach of any provisions in the Terms relating to Pepper’s intellectual property rights, and any such breach would result in irreparable harm to Pepper. Accordingly, in the event of any such actual or threatened breach, Pepper may, in addition to any other rights or remedies available to Pepper at law or equity, seek specific performance or injunctive relief without the posting of a bond.
viii) Modifications. If Pepper makes any future change to this Arbitration Agreement (other than a change to the Notice Address) after your enrollment in a service or program or your use of the Services, you may reject any such change and require Pepper to adhere to the language in this arbitration provision as written at the time of your enrollment or purchase if a dispute between us arises, by sending us written notice within thirty (30) days of the change to the Notice Address provided above. You acknowledge and agree that, in the event you reject any future change, your account with Pepper shall be immediately terminated and you will arbitrate any dispute between us in accordance with the language of this provision as written at the time of your enrollment or subscription.
Severability and Enforceability. If an arbitrator or court decides that any part of this Section is invalid or unenforceable, the other parts of this Section shall still apply. If the entirety of this Section is found to be unenforceable, then the parties agree that the exclusive jurisdiction and venue described in Section herein shall govern any action arising out of or related to the Terms, and that the remainder of the Terms will continue to apply.
Time Limit on Claims Against us. To the maximum extent permitted by applicable law, you agree that regardless of any statute or law to the contrary any claim or clause of action arising out of or related to your access to or use of the Services, or these Terms with us must be filed within one (1) year after such claim arose.
Notice to California Residents. Under California Civil Code Section 1789.3, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding our services.
EQUITABLE RELIEF
You acknowledge that any breach or threatened breach of these Terms of Use will result in irreparable harm for which damages would not be an adequate remedy, and, therefore, in addition to our rights and remedies otherwise available at law, we shall be entitled to seek immediate equitable relief, including injunctive relief, as appropriate. If we seek any equitable remedies, we shall not be precluded or prevented from seeking remedies at law, nor shall we be deemed to have made an election of remedies. These remedies are in addition to any other remedies Pepper may have at law or in equity.
FORCE MAJEURE
We will not be liable for, or be considered to be in breach of, these Terms of Use on account of our delay or failure to perform as required under these Terms of Use as a result of any causes or conditions that (a) are beyond the party’s reasonable control (including, but not limited to, acts of God, including storms and other natural disasters; fires; explosions; telecommunications, Internet, or other network failures; results of vandalism or computer hacking; national emergencies, insurrections, acts of terrorism, riots, wars, strikes, or other labor difficulties; default of suppliers; epidemics and pandemics; damage to machinery or equipment, any disruption in transportation, communications, electric power or other utilities, or other vital infrastructure, any means of disrupting or damaging internet or other computer networks or facilities, any unforeseen change in circumstances, or any other causes beyond our commercially reasonable control; and (b) the affected party is unable to overcome such conditions through the exercise of commercially reasonable diligence (a “Force Majeure Event”). If any such Force Majeure Event occurs, the affected party will give the other party prompt notice and will use commercially reasonable efforts to minimize the impact of any such event.
SEVERABILITY
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void, illegal or unenforceable for any reason, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect.
WAIVER
Any waiver by us of any provision of these Terms of Use must be in writing and will not be deemed a waiver of any other provision or of the same provision on any other occasion. Our failure to enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision or limit our ability to enforce it at a later time.
TERMINATION
We reserve the right, in our sole discretion, to terminate or block your access to all or part of the Online Services, with or without notice, for any reason or no reason, including without limitation your violation of these Terms of Use. Termination or suspension may include, without limitation, removal of User‑Provided Content, restriction of access to certain features, or permanent account deactivation. Upon any termination of your access and use of the Online Services by Pepper, you must promptly destroy all materials downloaded or otherwise obtained from this Online Services, as well as all copies of such materials, whether made under these Terms of Use or otherwise.
SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED STATES
We strive to comply with applicable laws in the jurisdictions where we operate. You may not use the Online Services if you are located in a country subject to U.S. trade sanctions or embargoes, or if you are listed on the U.S. Treasury Department’s Specially Designated Nationals list.
Information about how we process and transfer personal data internationally is described in our Privacy Policy. VOID WHERE PROHIBITED
Pepper administers and operates the Online Services from its location in Denver, Colorado USA and New York, New York USA; other Pepper sites may be administered and operated from various locations outside the United States. Although the Online Services are 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 are 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.
ELECTRONIC COMMUNICATIONS
The communications between you and Pepper use electronic means, whether you use the Online Services or send us emails, or whether Pepper posts notices on the Online Services or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Pepper in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Pepper provides to you electronically satisfy any legal requirement that such communications would satisfy if it were in a hardcopy writing. The foregoing does not affect your non-waivable rights.
OTHER
1. These Terms of Use, the Privacy Policy, and all other policies Pepper may post on the Online Services constitute the entire agreement between the Pepper and you regarding the Online Services, and supersedes any prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral.
2. Other than as provided in a purchase agreement you enter into with Pepper, Pepper will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected.
3. You will not transfer any of your rights or obligations under this agreement to anyone else without our prior written 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 these Terms of Use shall prevent us from complying with the law.
6. These Terms of Use do not confer any third party beneficiary rights.
7. We reserve all rights not expressly granted to you.
COPYRIGHT/TRADEMARK INFORMATION
Copyright © 2026 Pepper. All rights reserved. All trademarks, logos, and service marks (“Marks”) displayed on the Site or within the Online Services are our property or the property of third parties. You are prohibited from using these Marks without our prior written consent or the consent of such third party which may own the Marks.
CONTACT US
Our “Contact Us” page contains information that allows you to contact us directly with any questions or comments that you may have. We endeavor to review and reply promptly to each comment sent to us. If you have any questions about these Terms of Use or the practices of Pepper, or if you would like to register a complaint, notify Pepper of a dispute, notify Pepper of inaccurate or misleading information, please feel free to contact us at hello@wearpepper.com.