Term of Service

December 14, 2017 

1. INTRODUCTION:


Welcome to Pepper Tree Seasonings websites (Pepper Tree Seasonings.).  The terms of use posted herein apply to all Pepper Tree Seasonings site(s) including PepperTreeSeasonings.com and all sites in which these terms are posted.  Pepper Tree Seasonings and any and all entities that control, are controlled by, or are affiliated or under common control with Pepper Tree Seasonings, are collectively referred to herein as "we," "us" or "our".


PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE USING ANY PEPPER TREE SEASONINGS SITE(S).  By using any Pepper Tree Seasonings site(s), you signify your agreement of and to these terms of use.  If the terms of use are not agreeable to you, you may not use the Pepper Tree Seasonings sites.  We reserve the right, at our sole discretion, to change, modify and/or delete portions of these terms of use at any time in accordance with the procedures as stated below in section 19, labeled "AMENDMENT". 


2. CONSIDERATIONS:


By using Pepper Tree Seasonings site(s) you acknowledge that these terms of use are supported by reasonable and valuable consideration in which the receipt and adequacy are herby acknowledged.   Without limitation to the previous statements, you acknowledge that such consideration includes and without limitation, your use of any Pepper Tree Seasonings site(s) and the receipt of data, information and materials available at or through the Pepper Tree Seasonings site(s), the possibility of our review, use and display of your submissions (as defined below in section 4, labeled "ARTICLES OF SUBMISSIONS"), and the possibility of promotion and publicity from our review, display and use of your submission(s). 


3. MATERIAL USE RESTRICTIONS:


All information, materials and content found on any Pepper Tree Seasonings site or contained within our sites are our copyrighted property and/or the copyrighted property of our licensors or licensees.  All trademarks, trade names, service marks and trade dress are proprietary to us and/or our licensors and licensees and may not be used in any fashion without both parties explicit, written consent.  For further information about our copyright policies please review our full copyright policy.


The Pepper Tree Seasonings Site(s) are only for your personal use and may not be used for unintended commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion. 


4. ARTICLES OF SUBMISSION:


We appreciate hearing from our customers and visitors and we welcome any comments regarding the products and services we offer.  However, we have adopted a strict company policy that does not allow us to accept or consider any unsolicited creative ideas, suggestions or materials.  Please understand that it is our intention to avoid any possibility of future misunderstandings if projects that are developed by us or by others under our direction appear to others to be similar to their own ideas or creative works.  Please do not send us any unsolicited materials such as but not limited to creative ideas, stories, music, artwork, photographs, lyrics, poems, drawings and similar material which we determine to be "Unsolicited Submissions".


If you intentionally or unintentionally send us any Unsolicited Submissions, or through any features and/or activities found on any Pepper Tree Seasonings Site(s) (including and without limitation to games, contests, sweepstakes, promotions and Public Forums (as defined below in section 10, labeled "PUBLIC FORUMS BLOGS AND BULLETINS")), in which you send us Unsolicited Submissions, as describe above, as well as links to such materials, we (and our licensees, distributors, agents, representatives, and other authorized users) shall have full entitlement of unrestricted use of such materials and submissions for any and all purposes, including commercial or otherwise, without the requirement of any permission from and/or payment to you or any other person or entity.  We shall have no obligation of confidentiality regarding any submissions and we shall not be held responsible or liable for any use or disclosure of any Submission.   Without limitations to the previous statements, you hereby grant us (and our licensees, distributors, agents, representatives, and other authorized users), without the requirement of any permission from or payment to you or to any other person or entity, a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable worldwide license to use in any way we desire (including, without limitation, on Pepper Tree Seasonings Site(s), on third party web sites, and on products and services) for any and all purposes including, without limitation, news, advertising, promotional, marketing, publicity, trade or commercial purposes, all without further notice to you and with or without attribution (the "Submissions License").  You agree to the previous statements and the granting of rights, consents, agreements and assignments whether or not any of your Submissions are used by us or our licensees, distributors, agents, representatives, and other authorized users.


You hereby appoint Pepper Tree Seasonings as your agent which allows us to enter into and execute any document and/or to take any actions we may consider appropriate to obtain the granting of rights, agreements, consents, assignments and waivers as stated in these terms of use.  You agree that any Submissions you make are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way. To the extent any "moral rights," "ancillary rights," or similar rights in or to the Submissions exist and are not exclusively owned by us, you agree not to enforce any such rights as to us or our licensees, distributors, agents, representatives and other authorized users, and you shall procure the same agreement not to enforce from any others who may possess such rights. 

The terms of the Submissions License shall govern our right to use all Submissions.  If differing terms appear on any features and/or activities found on any Pepper Tree Seasonings Site(s) (including and without limitation to games, contests, sweepstakes, promotions and Public Forums (as defined below in section 10, labeled "PUBLIC FORUMS BLOGS AND BULLETINS"), those terms shall supersede the terms dictated by the Submissions License.  Otherwise, all provisions of these terms of use other than the Submissions License shall continue to apply to such Pepper Tree Seasonings Site feature or activity (unless otherwise stated in the terms and conditions applicable to the particular Pepper Tree Seasonings Site feature or activity). 


Without limiting the scope of the Submissions License or any future grant of rights, consents, agreements, assignments and waivers you may make with respect to Submissions, you hereby ratify any prior grant of rights, consents, agreements, assignments and waivers made by you with respect to Submissions submitted by you to us. 


5. Eligibility 


Use of and Membership in the Pepper Tree Seasonings Services is void where prohibited. By using the Pepper Tree Seasonings Services, you represent and warrant that (a) all registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) you are 14 years of age or older; and (d) your use of the Pepper Tree Seasonings Services does not violate any applicable law or regulation. Your profile may be deleted and your Membership may be terminated without warning, if we believe that you are under 14 years of age. 


6. Term 


This Agreement shall remain in full force and effect while you use the Pepper Tree Seasonings Services or are a Member. You may terminate your Membership at any time, for any reason, by following the instructions on the Member's Account Settings page. Pepper Tree Seasonings may terminate your Membership at any time, without warning. Even after Membership is terminated, this Agreement will remain in effect, including sections 5-17. 


7. Fees 


There are currently no fees associated with the use of this site. Pepper Tree Seasoning may charge for certain features in the future, but any such features will be voluntary and must be signed up for by the users of Pepper Tree Seasonings website at that time. 


8. Password 


When you sign up to with your customer information, you will also be asked to choose a password. You are entirely responsible for maintaining the confidentiality of your password. You agree not to use the account, username, or password of another Member at any time or to disclose your password to any third party. You agree to notify Pepper Tree Seasonings immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account. 


9. SECURITY & PRIVACY OF PERSONAL INFORMATION:


Registration is not currently mandatory on this site. However, in the future we may require your to register in order to use some features of the site. We highly suggest you voluntary fill out the registration form for the purposes of continued communication and notification of changes with regard to our site and its use.


By doing so, you agree to provide, maintain and update true, accurate, current and complete information about yourself as prompted by our registration processes (the "Registration Data"). If you provide any information that does not satisfy this provision, or we have reasonable grounds to suspect as much, we have the right to suspend or terminate your account and refuse any and all current or future use of any Pepper Tree Seasonings Site (or any portion thereof). 

You also agree (a) to promptly notify us at Support@PEPPERTREESEASONINGS.com of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to any Pepper Tree Seasonings Site. In addition, you agree to exit from your account at the end of each session. 


If you feel that the security of your private and personal information has been compromised through one of our third party affiliates such as but not limited to PaGO and/or PaGO Quick Pay or Shopify, it is your responsibility to notify them directly and immediately of the security breach to obtain further instruction.

We explicitly disclaim liability for any and all losses and damages arising from your failure to comply with this section. 


For further information about our commitment to privacy and security, please review our full Privacy Policy.


10. PUBLIC FORUMS, BLOGS AND BULLETINS:


"Public Forum" means any area, site or feature offered by any Pepper Tree Seasonings Site that enables users or visitors of any Pepper Tree Seasonings Site


(a)    to submit, post, display and/or view User-Generated Content and/or 
(b)    to communicate, share or exchange User-Generated Content with other Pepper Tree Seasonings Site users, visitors and members of the general public including, without limitation, a chat area, message board, instant messaging, social community environment, profile page, conversation page and e-mail or message functions.


You acknowledge that anything you submit to a Pepper Tree Seasonings Site by way of any Public Forum may be routed through our servers, the servers of one or more third parties on our behalf and the Internet, and may be viewed on the Internet by the general public.  You shall have no expectation of privacy with regard to any such submission. You acknowledge that Public Forums and features offered on any Pepper Tree Seasonings site(s) are for public and not private communications. Be advised that whenever you give out personal information online, through any media, including without limitation, a Public Forum, Blog or Bulletin, that information can be collected and used by anyone. We cannot guarantee the security of any information you disclose through any of these public forum features; you use these features at your own risk. 

You are solely responsible for the User-Generated Content submitted and/or posted under your username. If others obtain your user information, you shall be held responsible for any User Generated Content posted all the same. You acknowledge that the use of User-Generated Content posted in any Public Forum is at your own risk. For example, we will not be responsible for, and we do not endorse, the opinions, advice or recommendations posted or sent by users in any Public Forum and we specifically disclaim any and all liability with regard to any representations made by nor endorse, the opinions, advice or recommendations posted by any users of our Public Forums. 

We reserve the right to screen, refuse to post, remove or edit User-Generated Content at any time and for any or no reason, at our sole discretion and without prior notice, although we have no duty to do so or to monitor any Public Forum. If we choose to screen User-Generated Content, there may be some delays in the posting of such content in a Public Forum to allow for a review process. If we have any questions about the User-Generated Content you post, including but without limitation to the copyright, we may contact you for further information including, for example, to verify that you own the copyright or have obtained permission to post the material.


When you are participating in any Public Forum, never assume that people are who they say they are, know what they say they know, or are affiliated with whom they say they are affiliated with. Any information you may get in a Public Forum may not be reliable, and it is never a good idea to take any action, including to trade or make any investment decisions, based solely or largely on information you cannot confirm is true, accurate and/or reliable. We cannot be responsible for the accuracy and reliability of any User-Generated Content contained in a Public Forum, and we will not be responsible for any purchases, trading, investment, or any other decisions made or actions taken or not taken based on such information or content. 

Your ability to access, browse, submit and/or post User-Generated Content within our Public Forums may be subject to certain age restrictions and/or related procedures that we may revise in our sole discretion at any time and for any reason. Any such restrictions and procedures will be posted within the Public Forum.

11. RULES FOR USE OF PEPPER TREE SEASONINGS SITES:


The following is a list of Rules provided by Pepper Tree Seasonings Site(s). By using the Pepper Tree Seasonings Site(s), you agree that: 
1.    You will not submit, post, upload or distribute any User-Generated Content that: 

(a)    is defamatory, abusive, harassing, insulting, threatening, or that could be deemed to be stalking or constitute an invasion of a right of privacy of another person; 
(b)    is bigoted, hateful, or racially or otherwise offensive; 
(c)    contains elements of violence, vulgarity, obscene subject matter, explicit sexual pornography, under aged nudity or links to any adult websites; 
(d)    is illegal or encourages or advocates illegal activity or the discussion of illegal activities with the intent to commit them; 
(e)    provides any telephone numbers, street addresses, last names, URLs or email addresses; 
(f)    promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; 
(g)    involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming";
(h)    includes a photograph of another person that you have posted without that person's consent and/or for band and filmmaker profiles, uses sexually suggestive imagery or any other unfair, misleading or deceptive Content intended to draw traffic to the profile;
(i)    infringes or violates any right of a third party or any domestic or international law, rule or regulation including, but not limited to: (i) copyright, patent, trademark, trade secret or other proprietary or contractual rights; (ii) right of privacy (specifically, you must not distribute another person's personal information of any kind without their express permission) or publicity; or (iii) any confidentiality obligation; or 
(j)    does not comply with all terms and conditions applicable to the Submissions License (set forth above in section 4 labeled "ARTICLES OF SUBMISSIONS"); 

2.    You own or have the necessary rights, licenses, consents and permissions, without the need for any permission from or payment to any other person or entity, to use, and to authorize us to use, distribute or otherwise exploit in all manners permitted by these terms of use (including, without limitation, the Submissions License), all copyrights, trademarks, patents, trade secrets, privacy and publicity rights (including, without limitation, names, likenesses and voices) and/or other proprietary rights contained in any User-Generated Content that you submit, post, upload, distribute or otherwise make available or transmit. As stated above with respect to the Submissions License (set forth above in section 4 labeled "ARTICLES OF SUBMISSIONS"), to the extent that any Submissions submitted and/or posted by you contain original songs or recordings, you hereby represent that you are a member of ASCAP, BMI, SESAC or any other applicable performing rights society and that all musical compositions (including lyrics) contained in such Submissions are available for licensing to us directly from such societies. Notwithstanding the foregoing, regardless of whether you are a member of any performing rights society, you hereby grant us a perpetual, non-exclusive and irrevocable license to publicly perform each and every musical composition (including lyrics) contained in such Submissions; 

3.    You will not submit, post, upload, distribute, or otherwise make available or transmit any software or other computer files that contain a virus or other harmful component, or otherwise impair or damage Pepper Tree Seasonings Site(s) or any connected network, or otherwise interfere with any person or entity's use or enjoyment of Pepper Tree Seasonings Site(s); 

4.    You will not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity including, without limitation, using another person's username, password or other account information, or another person's name, likeness, voice, image or photograph; 

5.    You will not engage in antisocial, disruptive, or destructive acts, including "flaming," "spamming," "flooding," "trolling," and "griefing" as those terms are commonly understood and used on the Internet; 

6.    You will not promote or further any criminal activity or enterprise or provide instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; 

7.    You will not delete any legal notices, disclaimers or proprietary notices such as copyright or trademark symbols, or modify any logos that you do not own or have express permission to modify; 

8.    You will not solicits passwords or personal identifying information for commercial or unlawful purposes from other Users; 

9.    You will not use, conduct any commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, or pyramid schemes that are not part of the Pepper Tree Seasonings Site(s) offering and control; 

10.    You will not submit, post, upload, distribute or otherwise make available or transmit any User-Generated Content or make statements in any Public Forum that do not generally pertain to the designated topic or theme of the Public Forum; 

11.    You will not submit, post, upload, distribute or otherwise make available or transmit (or attempt to submit, post, upload, distribute or otherwise attempt to make available or transmit) any User-Generated Content in violation of a Public Forum's restrictions including, but not limited to, its age restrictions, procedures and/or these terms of use; 

12.    You will not engage in (or attempt to engage in) any criminal activity including, without limitation, child pornography, stalking, sexual assault, fraud, trafficking in obscene or stolen material, drug dealing, harassment, theft, and conspiracy to commit any criminal activity. 

13.    You will not use any automated systems, such as using scripts to add friends or send comments or messages; 

14.    You will not engage in acts of interfering with, disrupting, or creating an undue burden on Pepper Tree Seasonings Site(s) or the networks or services connected to Pepper Tree Seasonings Services; 

15.    You will not use the account, username, or password of another Member at any time or disclose your password to any third party or permit any third party to access your account; 

16.    You will not sell or otherwise transfer your profile; and

17.    You will not display an advertisement on Pepper Tree Seasonings Site(s), or accept payment or anything of value from a third person in exchange for you performing any commercial activity on or through the Pepper Tree Seasonings Site(s) on behalf of that person, such as placing commercial content on Pepper Tree Seasonings Site(s), posting blogs or bulletins with a commercial purpose, or sending private messages with a commercial purpose; 


We cannot and do not assure that other users are or will be complying with these House Rules or any other provisions of these terms of use, and, as between you and us, you hereby assume all risk of harm or injury resulting from any such lack of compliance. 

To the extent that any feature on a Pepper Tree Seasonings Site requires you to submit your e-mail address or mobile phone number in order to send a card, e-mail or message, you must, and you hereby agree to, furnish your actual e-mail address or actual mobile phone number, as applicable. Any business use, "re-mailing," or other high-volume application is strictly prohibited. You are not permitted to send cards, e-mails or messages using an automated program. Electronic greeting cards, e-mails and mobile messages may not contain copyrighted material (without the consent of the copyright holder) or encourage illegal activity. We reserve the right not to deliver electronic greeting cards, e-mails and mobile messages that violate these guidelines. 

WE MAY CHANGE PEPPER TREE SEASONINGS SITE(S) OR DELETE CONTENT OR FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY OR NO REASON. 


12. OUR RIGHTS FOR THE REMOVAL OF CONTENT:


We reserve the right, but disclaim any obligation or responsibility, to remove any User-Generated Content from any Pepper Tree Seasonings Site(s)

(a)    that violates these Terms of Use and
(b)    to comply with any subpoena and to cooperate with law enforcement officials regarding the identification of any user alleged to be using a Pepper Tree Seasonings Site in violation of the law. If we deem appropriate in our sole discretion, we reserve the right to preserve a record of any such User-Generated Content and turn all or a portion thereof over to law enforcement officials. 


13. LINKS TO THIRD PARTY SITES
Be aware that when you are on a Pepper Tree Seasonings Site, you could be directed to other sites that are beyond our control. There are links to other sites from pages on Pepper Tree Seasonings Sites that take you outside of our service. For example, if you click on a banner advertisement or a search result, the click may take you off the Pepper Tree Seasonings Site. This includes links from advertisers, sponsors and content partners that may use our logo(s) as part of a co-branding relationship. You acknowledge that when you click on a link that leaves a Pepper Tree Seasonings Site, the site you will land on is not controlled by us and different terms of use and privacy policy may apply. By clicking on links to other sites, you acknowledge that we are not responsible for those sites. We reserve the right to disable links from third-party sites to any Pepper Tree Seasonings Site, although we are under no obligation to do so. 

We make no representations concerning the content of sites listed in any of our directories. Consequently, we cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material contained in sites listed in our search results or otherwise linked to a Pepper Tree Seasonings Site. 
 
14. DISCLAIMER:


THE INFORMATION, CONTENT AND MATERIALS ON PEPPER TREE SEASONINGS SITE(S) ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN INFORMATION, CONTENT AND MATERIALS ON ANY PEPPER TREE SEASONINGS SITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT) WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PEPPER TREE SEASONINGS SITE OR THE SERVERS THAT MAKE SUCH INFORMATION, CONTENT AND MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR SERVICES CONTAINED ON OR OFFERED, MADE AVAILABLE THROUGH, OR OTHERWISE RELATED IN ANY WAY TO ANY PEPPER TREE SEASONINGS SITE, INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT, OR ANY THIRD PARTY SITES OR SERVICES LINKED TO FROM ANY PEPPER TREE SEASONINGS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, COMPLETENESS, RELIABILITY, SAFETY OR OTHERWISE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. 

We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from any Pepper Tree Seasonings Site. We cannot ensure that you will be satisfied with any products or services that you purchase from a third-party site that links to or from any Pepper Tree Seasonings Site or third-party information, content or materials contained on our sites (including, without limitation, User-Generated Content contained in Public Forums). We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third-party site. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably waive any claim against us with respect to information, content and materials contained on our sites (including, without limitation, User-Generated Content), on third party sites, and any information, content and materials you provide to such third party sites (including, without limitation, credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. 


15. SUBSCRIPTION BASED SERVICES:

Pepper Tree Seasonings Sites may offer subscription-based services at a future date.  At such time you will be able to refer to the Member Service Agreement for the applicable subscription-based service for specific terms and conditions applicable thereto. 
 
16. STATEMENT OF INDEMNIFICATION:
You are entirely responsible for maintaining the confidentiality of your username(s), password(s), and your account(s), as well as all activities that occur under your account(s). You hereby agree to indemnify, defend, and hold us, our licensors, licensees, distributors, agents, representatives and other authorized users, and each of the foregoing entities' respective resellers, distributors, service providers and suppliers, and all of the foregoing entities' respective officers, directors, owners, employees, agents, representatives and assigns (collectively, the "Indemnified Parties") harmless from and against any and all losses, damages, liabilities and costs (including, without limitation, settlement costs and any legal or other fees and expenses for investigating or defending any actions or threatened actions) incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of these terms of use or claims arising from your account(s). You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of any matter otherwise subject to indemnification by you. 


17. STATEMENT OF LIMITED LIABILITY:


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, PERSONAL INJURY (INCLUDING DEATH) AND PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, THAT RESULT FROM (A) THE USE OF, OR THE INABILITY TO USE, ANY PEPPER TREE SEASONINGS SITE OR CONTENT, MATERIALS OR FUNCTIONS ON ANY SUCH SITE, OR (B) THE CONDUCT OR ACTIONS, WHETHER ONLINE OR OFFLINE, OF ANY USER OF A PEPPER TREE SEASONINGS SITE OR ANY OTHER PERSON OR ENTITY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, OR $100 (WHICHEVER IS LESS) FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO ANY PEPPER TREE SEASONINGS SITE. 

MOREOVER, UNDER NO CIRCUMSTANCES SHALL WE, OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM AN ACT OF FORCE MAJEURE OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, NON-PERFORMANCE OF THIRD PARTIES, OR ANY REASONS BEYOND THE REASONABLE CONTROL OF US OR OUR LICENSORS AND LICENSEES, OR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS. 

YOU FURTHER ACKNOWLEDGE AND AGREE THAT NEITHER WE, OUR LICENSORS AND LICENSEES, NOR ANY OF THE FOREGOING ENTITIES' RESPECTIVE RESELLERS, DISTRIBUTORS, SERVICE PROVIDERS AND SUPPLIERS ARE RESPONSIBLE OR LIABLE FOR (A) ANY INCOMPATIBILITY BETWEEN THE PEPPER TREE SEASONINGS SITE(S) AND ANY WEB SITE, SERVICE, SOFTWARE OR HARDWARE OR (B) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE WITH ANY TRANSMISSIONS OR TRANSACTIONS RELATING TO THE PEPPER TREE SEASONINGS SITE(S) IN AN ACCURATE OR TIMELY MANNER. 

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION AND ELSEWHERE IN THESE TERMS OF USE APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. 

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR THE EXCLUSION, LIMITATION, OR DISCLAIMER LIABILITY FOR THE CERTAIN PROVISIONS SET FORTH IN THESE TERMS OF USE, SO SUCH EXCLUSIONS, LIMITATIONS OR DISCLAIMERS MAY NOT APPLY TO YOU. 


18. JURISDICTIONAL AND VENUE ISSUES:


You agree that any action at law or in equity arising out of or relating to these terms of use shall be filed, and that venue properly lies, only in state or federal courts located in the City of Los Angeles, California, and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. We make no representation that information, content or materials on any Pepper Tree Seasonings Site(s) are appropriate or available for use in any particular location. Those who choose to access a Pepper Tree Seasonings Site do so on their own initiative and are responsible for compliance with all applicable laws including, but not limited to, any applicable local laws. 


19. AMENDMENT:


We reserve the right, in our sole discretion, to change, modify, add or delete portions of these terms of use at any time without notice, and it is your responsibility to review these terms of use for any changes. Your use of any Pepper Tree Seasonings Site following any amendment of these terms of use will signify and constitute your assent to and acceptance of such revised terms of use. 


20. RIGHTS OF TERMINATION:


These terms of use are effective until terminated by either you or us. You may terminate these terms of use at any time by discontinuing use of all Pepper Tree Seasonings Site(s) and destroying all materials obtained from any and all such sites and all related documentation and all copies and installations thereof, whether made under these terms of use or otherwise. In the event that you terminate these terms of use, you agree to notify us of such termination by sending notice of such termination by certified United States mail, postage pre-paid to: 

Customer Service
Pepper Tree Seasonings
142 E. Bonita Avenue
PMB 219
San Dimas, CA 91773


We may immediately terminate these terms of use with respect to you (including your access to any and all Pepper Tree Seasonings Site(s)) without cause and without notice to you in our sole discretion. Upon termination, you must cease use of all Pepper Tree Seasonings Site(s) and destroy all materials obtained from such sites and all copies thereof, whether made under these terms of use or otherwise. 

We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright. 

The provisions of these terms of use, which by their nature should survive the termination of these terms of use, shall so survive such termination. 


21. GENERAL PROVISIONS:


These terms of use shall be governed by and construed in accordance with the laws of the State of California and the laws of the United States, without giving effect to any principles of conflicts of law. If any provision of these terms of use shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these terms of use and shall not affect the validity and enforceability of any remaining provisions. No waiver of any provision of these terms of use by us shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these terms of use shall not constitute a waiver of such right or provision. YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO ANY PEPPER TREE SEASONINGS SITE(S) MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED. 


22. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT:


Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be sent to Service Provider's Designated Agent. 

Notification must be submitted to the following Designated Agent: 
Service Provider: Pepper Tree Seasonings

Name of Agent Designated to Receive Notification of Claimed Infringement: Ryan P. Lopez

Full Address of Designated Agent to Which Notification Should be Sent: 
Pepper Tree Seasonings
142 E. Bonita Avenue
PMB 219
San Dimas, CA 91773

E-Mail Address of Designated Agent: designatedagent@PepperTreeSeasonings.com

To be effective, the notification must be a written communication that includes the following: 


1.    A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 
2.    Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 
3.    Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; 
4.    Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; 
5.    A statement that the complaining party has 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 the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 


We may give notice to our users by means of a general notice on any Pepper Tree Seasonings Site, electronic mail to a user's e-mail address in our records, or by written communication sent by first-class mail to a user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the designated agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following: 


1.    Your physical or electronic signature; 
2.    Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled; 
3.    A statement from you under the penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and 
4.    Your name, physical address and telephone number, and a statement that you consent to the jurisdiction of a Federal District Court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which Pepper Tree Seasonings may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person. 
If you have any further questions regarding our Terms of Use, please contact us


Thank you,
Director of Operations
Pepper Tree Seasonings
           
I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE.