Products). By accessing or using any part of the Services (including when you purchase our Products),
and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Onward Transfer to Third Parties
Disclosure to Public Authorities
When you browse our store, we also automatically receive your computer’s internet protocol (IP) address in order to provide us with information that helps us learn about your browser and operating system. Email marketing: With your permission, we may send you emails about our store, new products and other updates. Text marketing: With your permission, we may send text messages about our store, new products, and other updates.
TERMS OF SERVICE
Updated: March 17, 2023
This e-commerce website located at https://getpeaches.com (the “Website”) is operated by PEACHES. (“PEACHES,” “we,” “us,” “our”). By visiting our Website, our online store (the “Online Store”) and/or pur- chasing one of our products (“Products”, and together with our Website and Online Store, the “Services”), you agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or made available by hyperlink. Please read these Terms of Service carefully before accessing or using our Services. By accessing or using any part of our Services, including purchasing our Products, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of these Terms of Service, then you may not access or use any Services.THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.Our Online Store is hosted and operated by Shopify Inc. (“Shopify”). Shopify provides us with the online e-commerce platform that allows us to sell our Products and services to you.If you accept or agree to these Terms of Service on behalf of a company or other legal entity, you repre- sent and warrant that you have the authority to bind that company or other legal entity to these Terms of Service and, in such event, “you” and “your” will refer and apply to that company or other legal entity.SECTION 1 - GENERAL CONDITIONS AND COMMUNITY GUIDELINESBy agreeing to these Terms of Service, you represent that you are at least 13 years of age or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Ser- vice with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may use the Services only with the consent of your parent or guardian.PEACHES community, like any community, functions best when its users follow a few simple rules. By accessing our Services, you agree to comply with these community guidelines (the “Community Guide- lines”) and that:You will not upload, post, e-mail, transmit, or otherwise make available any User Content (defined below) that:infringe any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or are defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity); ordisclose any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information.You will comply with all applicable laws in your use of the Services and will not use the Services for any unlawful purpose;You will not access or use the Services to collect any market research for a competing business;You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;You will not interfere with or attempt to interrupt the proper operation of the Services through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or at-tempt to gain access to any Content (as defined below), data, files, or passwords related to the Services through hacking, password or data mining, or any other means;You will not decompile, reverse engineer, or disassemble any software or other products or processes accessible through the Services;You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features on the Services;You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the Content protections in the Services;You will not use any robot, spider, scraper, or other automated means to access the Services for any pur- pose without our express, written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Services for the sole purpose of, and solely to the extent necessary for, creating publicly-available searchable indices of the materials, but not caches or archives of such materials;You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or dis- proportionately large load on our technical infrastructure; andYou will not introduce, post, or upload to the Services any Harmful Code. As used herein, “Harmful Code” means computer code, programs, or programming devices that are intentionally designed to disrupt, mo- dify, access, delete, damage, deactivate, disable, harm, or otherwise impede in any manner, including aes- thetic disruptions or distortions, the operation of the Services, or any other associated software, firmware, hardware, computer system, or network (including, without limitation, “Trojan horses,” “viruses,” “worms,” “time bombs,” “time locks,” “devices,” “traps,” “access codes,” or “drop dead” or “trap door” devices) or any other harmful, malicious, or hidden procedures, routines or mechanisms that would cause the Services to cease functioning or to damage or corrupt data, storage media, programs, equipment, or communications, or otherwise interfere with the operations of the Services.
SECTION 2 - ACCURACY, COMPLETENESS AND TIMELINESS OF CONTENT
Occasionally there may be Content (as defined below) available through our Services that contains typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promo- tions, offers, Product shipping charges, transit times and availability. We are not responsible if Content made available through the Services is not accurate, complete or current. The Content (as defined below) available through the Services is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on such Content is at your own risk. The Services may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information on the Services is inaccurate at any time wit- hout prior notice, even after you have received an order confirmation or shipping notification. We have no obligation to update any information available through the Services and make no representations that errors will be corrected.
SECTION 3 - MODIFICATIONS TO THE SERVICES, PRODUCTS AND PRICES
All descriptions, images, references, features, content, specifications, and prices of Products described or depicted on our Services are subject to change at any time without notice. We reserve the right at any time to modify or discontinue a Product or the Services (or any part thereof or Content thereon) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Services or a Product.
SECTION 4 - PRODUCTS AND SERVICES
Certain Products may be available exclusively online through our Services. These Products may have limited quantities and are subject to return or exchange only according to our Return Policy. We cannot guarantee that your computer monitor’s display of images of the Products, including color, will be accu-rate. The inclusion of any Products on our Services does not imply or warrant that these Products will be available.We reserve the right, but are not obligated, to limit the sales of our Products to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to refuse Services to anyone for any reason at any time. We reserve the right to limit the quantities of any Products that we offer. We reserve the right to discontinue any Product at any time. Any offer for any Product or the provision of the Services is void where prohibited. We do not warrant that the quality of any Products, the Services, information, or other materials purchased or obtained by you will meet your expectations.
SECTION 5 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or can- cel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may at- tempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.You shall pay all purchase prices, taxes, shipping and handling, and other fees in connection with Pro- ducts purchased in the manner specified on or selected through the Services. Payment is due immedia- tely upon making a purchase. By making a purchase, you agree to pay PEACHES, through our payment processors, all charges at the prices then in effect for such Products. If you have a card or other payment method on file with your account on the Services, by placing an order you may be authorizing us, through our payment processors, to charge such account for the purchase amount. You agree to provide current, complete and accurate purchase and account information for all purchases made at through our Ser- vices. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact youas needed. You must promptly notify us if a payment method is canceled or if you become aware of any breach of security.
SECTION 6 – EXTERNAL SITES
We may provide you with links to access third-party websites and tools (“External Sites”) over which we neither monitor nor have any control nor input. These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such Ex- ternal Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. Any use by you of External Sites is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such External Sites are provided by the relevant third-party provider(s).
SECTION 7 - USER CONTENT, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a re-quest from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “User Content”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any User Content that you forward to us. We are and shall be under no obligation (1) to maintain any User Content in confidence; (2) to pay compensation for any User Content; or (3) to respond to any User Content. We may, but have no obligation to, monitor, edit or remove User Content for any reason or no reason at all.You agree that (i) you own or have the necessary licenses, rights, consents, and permissions to all trade- mark, trade secret, copyright, or other proprietary, privacy, and publicity rights in and to your User Content and any other works that you incorporate into your User Content, and all the rights necessary to grant the licenses and permissions you grant hereunder, and (ii) your User Content will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary rights. You are solely responsible for any User Content you make available and their accuracy. We take no responsi- bility and assume no liability for any User Content posted by you or any third-party.
SECTION 8 - PERSONAL INFORMATION
SECTION 9 – INTELLECTUAL PROPERTY
The Services contain material, such as software, text, graphics, images, sound recordings, and other ma- terial provided by or on behalf of PEACHES (collectively referred to as the “Content”). The Services and Content may be owned by us or third parties. The Services and Content are protected under both United States and foreign laws. Unauthorized use of the Services or Content may violate copyright, trademark, and other laws.You may use the Services and view all Content for your own personal, non-commercial use, and no other use is permitted without the prior written consent of Peaches. Peaches and its licensors retain all right, title, and interest, including all intellectual property rights, in and to the Services and Content. You must retain all copyright and other proprietary notices contained in the original Content. You may not sell, transfer, assign, license, sublicense, or modify the Services or Content or reproduce, display, publicly per- form, make a derivative version of, distribute, or otherwise use the Services or Content in any way for any public or commercial purpose. We reserve the right to remove Content from our Services at any time for any reason without any notice to you.If you violate any part of these Terms of Service, your permission to access the Content and the Services automatically terminates and you must immediately destroy any copies you have made of the Content.The trademarks, service marks, and logos of Peaches used and displayed on the Services are registered and unregistered trademarks or service marks of Peaches.
SECTION 10 - DISCLAIMER OF WARRANTIES;
LIMITATION OF LIABILITYTHE WEBSITE, SERVICES, CONTENT, AND ALL PRODUCTS DELIVERED TO YOU THROUGHTHE SERVICES ARE PROVIDED ‘AS IS’ AND ‘AS AVAILABLE,’, WITHOUT ANY REPRESENTATION, WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, AND NON-INFRINGEMENT, OR ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE,AND WARRANTIES OF ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE WEBSITE.PEACHES DOES NOT GUARANTEE THAT (1) ANY PORTION OF THE WEBSITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTA- MINATING OR DESTRUCTIVE PROPERTIES, OR (2) ACCESS TO OR USE OF THE WEBSITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE WEBSITE OR SERVICES WILL BE CORRECTED. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCE- DURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, STATUTORY OR OTHERWISE, AND IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) IN NO CASE SHALL PEACHES, OUR DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE FOR ANY CLAIM FOR INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION LOST PROFITS, LOST REVENUE, LOST SAVINGS, LOSS OF DATA, BUSINESS INTERRUPTION, REPLACEMENT COSTS, OR ANY SIMILAR DAMAGES ARISING FROM YOUR USE OR INABILITY TO USE THE WEBSITE OR SERVICES OR ANY PRODUCTS PROCURED USING THE SERVICE, AND (II) PEACHES LIABILITY IN THE AGGREGATE FOR ANY DIRECT DAMAGES NOT ATTRIBUTABLE TO PERSONAL INJURY SHALL IN NO EVENT EXCEED FIFTY UNITED STATES DOLLARS (US $50)BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SECTION 11 – INDEMNIFICATION
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS PEACHES AND OUR PARENT, SUBSIDIARIES, AFFILIATES, PARTNERS, OFFICERS, DIRECTORS, AGENTS, CONTRACTORS, LI- CENSORS, SERVICE PROVIDERS, SUBCONTRACTORS, SUPPLIERS, INTERNS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THESE TERMS OF SERVICE OR THE DOCUMENTS THEY INCORPORATE BY REFERENCE, YOUR USE OF THE PRODUCT OR SERVICE, ANY USER CONTENT YOU PROVIDE TO US OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD-PARTY, INCLUDING WITHOUT LIMITATION ANY COPY- RIGHT, TRADEMARK, PROPERTY, PUBLICITY, OR PRIVACY RIGHT.
SECTION 12 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenfor- ceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determi- nation shall not affect the validity and enforceability of any other remaining provisions.
SECTION 13 – TERMINATION
We reserve the right, in our sole discretion, to restrict, suspend, or terminate these Terms of Service,and your access to all or any part of the Services, at any time and for any reason without prior notice or liability. Terms which by their nature are intended to survive indefinitely shall survive and shall apply to youeven if you have canceled your account or stopped using the Services, including, without limitation, the limitations of liability, indemnity, and dispute resolution provisions.
SECTION 14 - ENTIRE AGREEMENT
Our failure to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this Website or in respect to the Services constitute the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Ser- vice shall not be construed against the drafting party. The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms of Service.
SECTION 15 - COMPLIANCE WITH APPLICABLE LAWS
The Services are based in the United States. We make no claims concerning whether the Services or Content may be downloaded, viewed, or be appropriate for use outside of the United States. If you ac- cess the Services or the Content from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.
SECTION 16 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be go- verned by and construed in accordance with the laws of New York.
SECTION 17 - CHANGES TO TERMS OF SERVICE
Any new features or tools or Products which are added to our Services shall also be subject to these Terms of Service. You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to the Services following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 18 - BINDING ARBITRATIONIn the event of a dispute arising under or relating to these Terms of Service, the Content, or the Services (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governedby the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Proce- dures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration froma court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 20 below, nothing in these Terms of Service will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
SECTION 19 - CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you indivi- dually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis orto utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought ina purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEE- DING.
SECTION 20 - EQUITABLE RELIEF
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce these Terms of Service. We may, without waiving any other remedies under these Terms of Service, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New York for pur- poses of any such action by us.
SECTION 21 - CONTACT INFORMATIONQuestions about the Terms of Service should be sent to us at email@example.com