Terms
The website located at www.pepperenvyllc.com (the ”Site”) is a copyrighted work belonging to pepperprincess509 (“Company”, “us”, “our”, and “we”). Company markets, sells and delivers goods directly to customers via post or otherwise (collectively, with all other services provided through the Site and packaged goods delivered through the post or otherwise, the “Services”). Certain features of the Services or Site may be subject to additional guidelines, terms, conditions or rules, which will be posted on the Services or Site in connection with such features. All such additional terms, guidelines, and rules are incorporated by reference into this Agreement.
These Terms of Use (”Agreement”) sets forth the legally binding terms for your use of the Site and Services. By accessing or using the Site or Services, you are accepting this Agreement (on behalf of yourself or the entity that you represent) and you represent and warrant that you have the right, authority, and capacity to enter into this Agreement (on behalf of yourself or the entity that you represent). You may not access or use the Site or Services or accept the Agreement if you are not at least 18 years old. If you do not agree with all the provisions of this Agreement, do not access and/ or use the Site or Service.
1. Accounts
1.1 Account Creation. In order to use certain features of the Site (e.g. to use the Services), you must register for an account with Company ("Company Account") and provide certain information about yourself as prompted by the site registration form. You represent and warrant that: (a) all required registration information you submit is complete, truthful and accurate; (b) you will maintain the accuracy such information as such may change from time to time. You may delete your Company Account at any time, for any reason, by following the instructions on the Site. Company may suspend or terminate your Company Account in accordance with Section 9.
1.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your company Account login information and are fully responsible for all activities that occur under your Company Account. You agree to immediately notify Company of any unauthorized use, or suspected unauthorized use of your Company Account or loss or damage arising from your failure to comply with the above requirements.
1.3 Promotional emails. As a member, you agree to receive newsletters and promotional emails including third party offers.
2. Payment Terms
2.1 Ordering Services. You may order any of the Services offered (including without limitation ongoing or gift) by following the directions on the Site. If you order additional products, you will be charged for those products. Company may change the pricing for any portion of the Services (from time to time in its sole discretion) by updating the Site and without any additional notice to you. Company may periodically send you token gifts at no additional cost to you.
2.2 Payment Terms. If you order Services, you agree to pay the then- current applicable Service fee or price per product and any applicable shipping charges all as listed on the Site at www.pepperenvyllc.com. Payments are non-refundable once the package ships. If you are dissatisfied with a product or products for any reason, please contact Customer Service in writing or at pepperprincess509@gmail.com. You hereby authorize Company to bill your credit card as described above. Fees are exclusive of all taxes, levies, or duties imposed by taxing authorities and you are responsible for payment of all such taxes, levies or duties. International import fees charged by your local authorities are to be paid by the customer. Any amounts not paid when due shall bear interest at the rate of one and one half percent (1.5%) per month, or the maximum legal rate if less. If any fee cannot be charged to your credit card for any reason, Company may provide you, via email, notice of such non-payment and a link for you to update your payment information. If such non-payment is not remedied within seven (7) days after receiving such notice of non-payment, then Company may immediately terminate the applicable Service. International packages may also take up to 6 weeks to reach the customers destination and we do not guarantee any specific delivery time or any shipment.
2.3 Title and Risk of Loss. All items purchased from Company are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
2.4 Return/ Cancellations Exchange Policy. To inquire about a refund or exchange, please email pepperprincess509@gmail.com.
Per our Return Policy, the customer is responsible for paying the shipping costs back to our warehouse so the refund amount will deduct the shipping costs before being applied to your account.
Also please note that we only accept returns within 30 days of your purchase date.
Once the order arrives and we verify all items are not damaged and in perfect conditions we will credit/ refund your account. If the item is not in perfect condition we have the right to not refund the customer for that purchase.
Sales on seeds and baked goods are Final. 3. Site
3.1. License. Subject to the terms of this Agreement, Company grants you a limited, non-transferable, non- assignable, non- exclusive, revocable, license to use the Site and Services for your personal, noncommercial use.
3.2 Certain Restrictions. The rights granted to you in this Agreement are subject to the following restrictions; a) you shall not license, sell, rent, lease, transfer, assign, distribute, host or otherwise commercially exploit the Site or Services; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site or Services; (c) you shall not access the Site or Services in order to build a similar or competitive service; and (d) except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded,posted, displayed or transmitted in any form or by any means.
3.3 Modification. Company reserves the right, at any given time, to modify, suspend, or discontinue the Site or Services or any part thereof with or without notice. You agree that Company will have not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services or any part thereof, except and if otherwise expressly set forth in section 9.
3.4 No Support or Maintenance. You acknowledge and agree that Company will have no obligation to provide you with any support or maintenance in connection with the Site or Services.
3.5 Ownership. Excluding your User Content (defined below), you acknowledge that all the intellectual property rights, inclusing copyrights, patents, trademarks, and trade secrets, in the Site and Services are owned by Company. The provision of the Site and Services does not transfer to you or any third party and rights, title or interest in or to such intellectual property rights. Company and its suppliers reserve all rights not granted in this Agreement.
4. User Content
4.1 User Content. "User Content" means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user's profile or postings). You are solely responsible for your User Content. You assume all risks associated with use of your User Content that makes you or any third party personally identifiable.
4.2. Acceptable Use Policy. When using the Services, you agree to the "Acceptable Use Policy" below Specifically, you agree to:
● Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, tax laws, and regulatory requirements;
● Provide accurate information to us and update it as necessary;
● Review and comply with our Privacy Policy;
● Review and comply with notices sent by the Company
concerning the Services; and
● Use the Services in a responsible manner.
Additionally, you agree not to:
● Act dishonestly or unprofessionally by engaging in
unprofessional behavior by posting inappropriate, inaccurate, or
objectionable content to the Site;
● Harass, abuse or harm another person, including sending
un-welcomed communications to others using the Services;
● Use or attempt to use another's account without authorization;
● Upload, post, transmit or otherwise make available or initiate any content that;
● Is unlawful, abusive, obscene, discriminatory or otherwise objectionable;
● Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
● Includes any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," or any other form of solicitation; or
● Duplicate, license, sub-license, publish, broadcast, transmit, distribute, display, sell, re-brand, or otherwise transfer information found on the site (excluding content posted by you) except as expressly authorized by Company;
● Reverse engineer, disassemble, decipher or otherwise attempt to derive the source for any underlying intellectual property used to provide the Service, or any part thereof;
● Utilize or copy information, content or any data you view on or obtain from the Company to provide any services that is competitive, in Company's sole discretion, with Company.
● Rent, lease, loan, trade, sell/ re-sell access to Company or any information therein, or the equivalent, in whole or part;
● Remove any copyright, trademark or other proprietary rights notices contained in or on any Company's website;
● Remove, cover or otherwise obscure any form of advertisement on the site;
● Infringe or use Company's brand, logos or trademarks except as expressly permitted by Company;
● Use manual or automated software, devices, robots, other means or processes to access any web pages or other services contained in the site;
● Engage in "framing," "mirroring," or otherwise simulating the appearance of function of Company's website;
● Attempt to or actually override any security component included in the Service or underlying Company;
● Engage in action that directly interferes with the proper working of or places an unreasonable load on Company's infrastructure.
5. Indemnity. You agree to indemnify and hold Company harmless, including costs and attorneys' fees, from any claim or demand made by any third party due to or arising out of (a) your use of Site or Services, (b) your User Content, (c) your violation of this Agreement; or (d) your violation of applicable laws or regulations. Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of Company. Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
6. Third Party Sites & Ads. The Site might contain links to third party websites, services, and advertisements for third parties. Such Third Party Sites & Ads are not under the control of Company and Company is not responsible for any Third Party Sites & Ads. Company provides these Third Part Sites & Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third Party Sites & Ads. You use all Third Party Sites & Ads at your own risk.When you link to a Third Party Site & Ads, the applicable third party's terms and conditions apply, including but not limited to the third party's privacy and data gathering practices. You should make whatever investigation you feel necessary or appropriate before proceeding with any transaction in connection with such Third Party Sites & Ads.
6.2 Other Users. Your interactions with other Site or Service users are solely between you and such user. You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions. If there is a dispute between you and any Site or Service user, we are under no obligation to become involved.
6.3. Release. You hereby release and forever discharge us 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 that has arisen or arises directly or indirectly out of, or relates directly or indirectly to, any interactions with, or act or omission of, other Site or Service or Third Party Sites & Ads.
7. Disclaimers
THE SITE AND SERVICES ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND WE EXPRESSLY DISCLAIM ANY WARRANTIES AND CONDITIONS OF ANY KIND< WHETHER OR IMPLIED, INCLUDING THE WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT. WE (AND OUR SUPPLIERS) MAKE NO WARRANTY THAT THE SITE OR SERVICES; A) WILL MEET YOUR REQUIREMENTS; (B) WILL BE AVAILABLE ON AN UNINTERRUPTED< TIMELY< SECURE< OR ERROR-FREE BASIS; OR (C) WILL BE ACCURATE, RELIABLE FREE OF VIRUSES OR OTHER HARMFUL CODE, COMPLETE, LEGAL OR SAFE.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OF CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT BE APPLY TO YOU.
8. Limitation on Liability
IN NO EVENT SHALL WE (AND OUR SUPPLIERS) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOST PROFIT OR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES ARISING FROM OR RELATING TO THIS AGREEMENT OR YOUR USE OF, OR INABILITY TO USE, THE SITE OR SERVICES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. ACCESS TO, THE SITE AND SERVICES ARE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA RESULTING THEREFROM.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY US DOLLARS ($50) OR (B) AMOUNTS YOU'VE PAID COMPANY IN THE PRIOR 12 MONTHS (IF ANY). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT. YOU AGREE THAT OUR SUPPLIER WILL HAVE NO LIABILITY OF ANY KIND ARISING FROM OR RELATING TO THIS AGREEMENT.
9. Term and Termination. Subject to this Section, this Agreement will remain in full force and effect while you use the Site or Services. We may (a) suspend your rights to use the Site and/or Services (including your Company Account) or (b) terminate this Agreement. Upon termination of this Agreement, your Company Account and right to access and us the Site and Services will terminate immediately. Notwithstanding anything to the contrary, if Company terminates this Agreement other than due to your violation of this Agreement or discontinues the Services, Company will provide you a refund of your last payment for any pre-paid but unused Services (if applicable). Even after this Agreement is terminated, the following provisions of this Agreement will remain in effect; Sections 3.2-3.5, 4-11
10. General
10.1 Changes to Terms of Use. This Agreement is subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an email to the last email address you provided to us (if any) and/or by prominently posting notice of changes on our Site. Any changes to this agreement will be effective upon the earlier of thirty (30) calendar days following our dispatch of an email notice to you (if applicable) or thirty (30) calendar days following our posting of notice of the changes on our Site. These changes will be effective immediately for new users of our Site or Services. You are responsible for providing us with your most current email address. In the event that the last email address that you have provided us is not valid, or for any reason is not capable of delivering to you the notice described above, our dispatch of the email containing such notice will nonetheless constitute of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes.
10.2 Dispute Resolution. PLEASE READ THIS CAREFULLY. IT AFFECTS YOUR RIGHTS.
(a) Any and all controversies, disputes, demands, counts, claims, or causes of action ( including the interpretation and scope of this clause, and the arbitrability of the controversy, dispute, demand, court, claim, or cause of action) between you and the company and our agents, or partners, regarding or related to the Site, Services of this Agreement, shall exclusively by settled through binding arbitration in Sunnyside, Washington. Notwithstanding the foregoing, either you or we may bring an individual action in small claims court.
(b) Arbitration shall be subject to the Federal Arbitration Act and not any state arbitration law. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes from the American Arbitration Association ('AAA"). As modified by the Agreement, and unless otherwise agreed upon by the parties in writing, the arbitration will be governed by the AAA's final rules for commercial arbitration and, if the arbitrator deems them applicable, the procedures for consumer-related disputes.
(c)You are thus GIVING UP YOUR RIGHT TO GO TO COURT to assert or defend your right EXCEPT for matters that may be taken to small claims court. Your rights will be determined by a NEUTRAL ARBITRATOR and NOT a judge or jury. You are entitled to a FAIR HEARING, BUT the arbitration procedures are SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT> Arbitrator decisions are as enforceable as any court order and are subject to VERY LIMITED REVIEW BY A COURT.
(d) You and we must abide by the following rules (1) ANY CLAIMS BY YOU OR US MUST BE BROUGHT IN THE PARTIES" INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (2) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON"S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF, (3) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost- prohibitive as compared to the cost of litigation. (4) the arbitrator shall honor claims of privilege and privacy recognized at law; and (5) the arbitrator's award shall be final and may be enforced in any court of competent jurisdiction.
(e) If, however, either sub-parts (1) and (2) in the paragraph 10.2.d (prohibiting arbitration on a class or collective basis) is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor we shall be entitled to arbitration. If a claim proceeds in court rather than in arbitration because the agreement to arbitrate is held to be invalid or unenforceable, the dispute shall be exclusively brought in state of federal court in Yakima County, Washington.
(f) Notwithstanding any provision in this Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement to the contrary, if we seek to terminate the Dispute Resolution section as included in the Agreement, any such termination the Dispute Resolution section as included in the Agreement, any such termination shall not be effective until 30 days after the version of the Agreement not containing the agreement to arbitrate is posted to the Site, and shall not be effective as to any claim of which you provide the Company with written notice prior to the date of termination.
(e) For more information on AAA, its Rules and Procedures, and how to file an arbitration claim, you can call AAA at 800-778-7879 or visit the AAA website at http://www.adr.org.
(h) Any and all controversies,disputes,demands, counts, claims, or causes of action between you and the Company and our employees, agents, successors, or assigns, regarding or relating to these the Site, Services or this Agreement, shall exclusively by governed by the internal laws of the State of Washington, without regard to its choice of law rules and without regard to conflicts of laws principles except that the arbitration provision shall be governed by the Federal Arbitration Act.
10.3 Entire Agreement; Heading; No Assignment by You. This Agreement constitutes the entire agreement between you and us regarding the use of the Site and Services and supersedes all prior agreement and understandings, whether written or oral, or whatever established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. Our failure to exercise or enforce any right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The word including means including without limitation. If any provision of this Agreement is, for whatever reason, held to be invalid or unenforceable, the other provisions of this Agreement will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. Your relationship to the company is that of a customer to the Company and neither party is an agent or partner of the other. This Agreement, and your rights and obligations herein, may not be assigned , subcontracted, delegated, or otherwise transferred by you without Company's prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. The terms of this Agreement shall be binding upon assignee's.
10.4 Copyright/ Trademark Information. Copyright 2021, Pepper Envy LLC.. All rights reserved. All trademarks. logos and service (Marks") displayed on the Site are our property. You are not permitted to use these Marks without our prior written consent.
10.5 Privacy. You should carefully read our full Privacy Policy (pepperenvyllc.com/pages/privacy) before using the Service as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information,including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to pepperprincess509 via Instagram are likely to, reveal your gender, ethnic group, nationality, age, and/ or other personal information, statements, data, and content to us is voluntary on your part and that Pepper Envy LLC may process such information, within the terms of the Privacy Policy.
10.6 Notices. We may notify you by www.pepperenvyllc.com or pepperprincess509@gmail.com.
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