PRIVACY POLICY & TERMS OF SERVICE

PEACHES(“we,” “us,” or “our”) welcomes you. This privacy policy (“Privacy Policy”) describes how we collect and use your information when you access and use our Services (including when you purchase our Products). By accessing or using any part of the Services (including when you purchase our Products), you agree to be bound by this Privacy Policy. If you do not agree to (or cannot comply with) all of the terms of this Privacy Policy, you may not access or use the Services. If you accept or agree to this Privacy Policy on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to the Privacy Policy and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Service. THE INFORMATION WE COLLECT AND HOW WE USE IT In the course of operating the Services, PEACHES collects or receives the following types of information, which may include personal information. Contact Information We collect contact information through our Services; contact information typically includes your name, email address, phone number, company, shipping address, and any information you provide in messages to us. We use such contact information for purposes such as registering you for an account, providing you with information about the Services, responding to your inquiries, sending you alerts (including marketing emails and text messages), sending you the Products you order, subscribing your for our newsletter, or providing you the Services. Payment Information If you purchase Products through the Services we require that you provide our third party payment vendors, including Shopify, with certain billing information, which may include your credit card number, expiration date, bank account information, billing address, activation code, and similar information (collectively, “Payment Information”). You authorize our third party payment vendors to collect, process, and store your Payment Information in accordance with their respective privacy policies. We reserve the right to change our payment vendor at any time, or to use additional payment vendors, at our discretion, and will update this Privacy Policy from time to time accordingly. Server Log Information Our servers keep log files that record data each time a device accesses those servers. The log files contain data about the nature of such access, including the device’s IP address, user agent string (e.g., operating system and browser type/version), and the pages you’ve clicked on while on our Website, and details regarding your activity on the Website such as time spent on the Website and other performance and usage data. We may use these log files for purposes such as assisting in monitoring and troubleshooting errors and incidents, analyzing traffic, or optimizing the user experience.

Cookies
We may collect information using “cookie” and other similar technologies. Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive (or other storage medium) so that your computer will “remember” information about your use. We use both 1st and 3rd-party session cookies and persistent cookies. Below is a general primer on session and persistent cookies; information collected by cookies depends on its particular purpose. For more information, please see the information regarding analytics providers discussed further below. Session Cookies: We use session cookies to make it easier for you to navigate our Services. A session ID cookie expires when you close the Services. Persistent Cookies: A persistent cookie remains on your device for an extended period of time or until you delete them. You can remove persistent cookies by following directions provided in your web browser’s “help” file. To the extent we provide a log-in portal or related feature on our Website, persistent cookies can be used to store your passwords so that you don’t have to enter it more than once. Persistent cookies also enable us to track and target the interests of our visitors to personalize the experience on our Website. If you do not want us to place a cookie on your device, you may be able to turn that feature off on your device. Please consult your browser’s documentation for information on how to do this and how to delete persistent cookies. However, if you decide not to accept cookies from us, certain aspects of the Website may not function properly or as intended. Third-Party Analytics Providers We use one or more third–party analytics services to evaluate your use of the Services, as the case may be, by compiling reports on activity (based on their collection of IP addresses, Internet service provider, browser type, operating system and language, referring and exit pages and URLs, data and time, amount of time spent on particular pages, what sections of the Services you visit, number of links clicked, search terms and other similar usage data) and analyzing performance metrics. These third parties use cookies and other technologies to help collect, analyze, and provide us reports or other data.

By accessing and using the Services, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. For more information on these third parties, including how to opt out from certain data collection, please visit the sites below. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Services. Third Party Advertisers/Remarketers We may share or receive information about you with/from third parties, including, but not limited to, advertising and remarketing providers, or similar partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags, or other technologies to collect information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, retargeting, and remarketing), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. Information that we may receive from these third parties, including through their service providers, may include advertising identifiers, IP addresses, reports, and campaign data.

By accessing and using the Services, you consent to the processing of data about you by these advertisers/remarketing providers in the manner and for the purposes set out in this Privacy Policy. Geolocational Information We may automatically collect geolocation information from your device via your browser’s location services. You may provide permission for this collection on the device level (e.g., you have consented to location services generally through your browser’s settings) or by accepting our request for geolocation access on the Services. Please consult your browser’s documentation regarding how to turn off location services. If you disable location services, you may not be able to use the full array of features and functionalities available through our Services. Aggregate Data In an ongoing effort to better understand our Services and users of the Services, we might analyze your information in aggregate form to operate, maintain, manage, and improve the Services. This aggregate information does not identify you personally. We may share this aggregate data with service providers, and our affiliates, agents, and business partners. We may also disclose aggregated user statistics to describe the Services to current and prospective business partners and to other third parties for other lawful purposes.

Onward Transfer to Third Parties
Like many businesses, we hire other companies to perform certain business-related services. We may disclose personal information to certain types of third party companies but only to the extent needed to enable them to provide such services. The types of companies that may receive personal information and their functions are: technical assistance, database management/back-up services, use analytics, email marketing platforms, customer service, and our hosting provider, Shopify. For more information about Shopify please see their terms of use and privacy policy: https://www.shopify.com/legal/terms and https://www.shopify.com/legal/privacy, respectively. To provide our Services and administer promotional programs, we may share your personal information with our third-party promotional and marketing partners, including, without limitation, businesses participating in our various programs. We may, from time to time, share and/or license personal information to other companies who may provide you information about the products and services they or their partners offer. However, to the extent required by law, you will be given the opportunity to opt out of such sharing. We may also disclose personal information to our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control to support the marketing of the Services and sale of the Products. Business Transfers In the event of a merger, dissolution, reorganization or similar corporate event, or the sale of all or substantially all of our assets, we expect that the information that we have collected, including personal information, would be transferred to the surviving entity in a merger or the acquiring entity. All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy. This policy shall be binding upon PEACHES and its legal successors in interest.

Disclosure to Public Authorities
We are required to disclose personal information in response to lawful requests by public authorities, including for the purpose of meeting national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas. OPT-OUT FOR DIRECT MARKETING; EMAIL MANAGEMENT You may opt out at any time from the use of your personal information for direct marketing purposes by emailing the instructions to hi@getpeaches.com or by clicking on the “Unsubscribe” link located on the bottom of any PEACHES marketing email and following the instructions found on the page to which the link takes you. Please allow us a reasonable time to process your request. You cannot opt out of receiving transactional e-mails related to the Services. HOW WE PROTECT YOUR INFORMATION PEACHES takes very seriously the security and privacy of the personal information that it collects pursuant to this Privacy Policy. Accordingly, we implement reasonable security measures designed to protect your personal information from loss, misuse, and unauthorized access, disclosure, alteration and destruction, taking into account the risks involved in the processing and the nature of such data, and to comply with applicable laws and regulations. Please understand, however, that no security system is impenetrable.

We cannot guarantee the security of our databases or the databases of the third parties with which we may share your information (as permitted herein), nor can we guarantee that the information you supply will not be intercepted while being transmitted over the Internet. In particular, e-mail sent to us may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail. CHILDREN We do not knowingly collect personal information from children under the age of 13 through the Services. If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information without their permission. If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us at hi@ getpeaches.com, and we will endeavor to delete that information from our databases.

MPORTANT NOTICE TO ALL NON-US RESIDENTS Our servers are located in the United States. Please be aware that your information may be transferred to, processed, maintained, and used on computers, servers, and systems located outside of your state, province, country, or other governmental jurisdiction where the privacy laws may not be as protective as those in your country of origin. If you are located outside the United States and choose to use the Services, you do so at your own risk. CALIFORNIA PRIVACY RIGHTS Pursuant to Section 1798.83 of the California Civil Code, residents of California have the right to obtain certain information about the types of personal information that companies with whom they have an established business relationship (and that are not otherwise exempt) have shared with third parties for direct marketing purposes during the preceding calendar year, including the names and addresses of those third parties, and examples of the types of services or products marketed by those third parties. If you wish to submit a request pursuant to Section 1798.83, please contact PEACHES via email at hi@ getpeaches.com. DO NOT TRACK PEACHES does not respond to “Do Not Track” settings or other related mechanisms at this time. NEVADA PRIVACY RIGHTS If you are a resident of Nevada, you have the right to opt-out of the sale of certain personal information to third parties who intend to license or sell that personal information. You can exercise this right by contacting us at hi@getpeaches.com with the subject line “Nevada Do Not Sell Request” and providing us with your name and the email address associated with your account. Please note that we do not currently sell your personal information as sales are defined in Nevada Revised Statutes Chapter 603A. LINKS TO EXTERNAL WEBSITES The Website may contain links to third-party websites (“External Sites”). PEACHES has no control over the privacy practices or the content of any such External Sites. As such, we are not responsible for the content or the privacy policies of such External Sites. You should check the applicable privacy policy and terms of service when visiting any such External Sites. CHANGES TO THIS PRIVACY POLICY This Privacy Policy is effective as of the last updated date stated at the top of this Privacy Policy.

We may change this Privacy Policy from time to time with or without notice to you. By accessing the Services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes. Please be aware that, to the extent permitted by applicable law, our use of the information collected is governed by the Privacy Policy in effect at the time we collect the information. Please refer back to this Privacy Policy on a regular basis. HOW TO CONTACT US If you have questions about this Privacy Policy, please contact us by e-mail at hi@getpeaches.com with “Privacy Policy” in the subject. WHAT DO WE DO WITH YOUR INFORMATION? When you purchase something from our store, as part of the buying and selling process, we collect the personal information you give us such as your name, address, and email address.

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
Your submission of personal information through our Services is governed by our Privacy Policy.

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 hi@getpeaches.com