TERMS & CONDITIONS OF USE OF PEPPER BOXING WEBSITE
The following Terms and Conditions (“Terms”) will govern your viewing and use of the Pepper Boxing website (the “Website”), and your purchase of Pepper Boxing products (the “Products”). Pepper Boxing reserves the right to modify these Terms periodically, without notice, and at its sole discretion. If you do not agree to the following Terms, you may not access this Website, receive any of its products, and must exit the site immediately. Terms and conditions of any membership, use of Pepper Boxing services or facilities, and/or participation in any Pepper Boxing classes or programs, whether on or off the premises of Pepper Boxing, shall be governed by separate written contract(s) (the “Membership Documents”).
“Purchaser” is defined as any person who purchases or has purchased Products and in general, as anyone who has agreed to the Terms by accessing, using or remaining on the Website, (“Purchaser” may be referred to as “you” and “your”).
1. Age Requirements: This Website is not intended for the use of any person under the age of 18. By entering this Website you represent and warrant that you are above the age of 18. Pepper Boxing is committed to protecting the online privacy of children and will never knowingly collect information from minors.
2. Purchase Authorization: By purchasing Products, you as a Purchaser warrant that you are authorizing Pepper Boxing to charge your credit card or bank account for the full amount of your purchase. Furthermore, you are warranting that you are the person listed as an authorized user on the credit card and/or bank account.
3. Shipping: Please allow Pepper Boxing up to thirty (30) days to ship your Product(s).
4. Return/Refund Policy: Price of product is fully refundable if unused Products in first-time package are sent back, at Purchaser cost, within (30) days of purchase. All sales after the first 30 days from shipment of the first package are final.
If your Product(s) is replaced, we will pay for shipping of the replacement Product. Pepper Boxing cannot issue returns on used or damaged Products, including Products damaged in transit/in mail, unless such Products were damaged or defective upon our sending them to you. To request a Return Merchandise Authorization (RMA#), please contact OrdersPepperBoxing@Gmail.Com with your name in the email used when purchasing your product or call at: 1-615-457-3933. Do not ship back Product without receiving a Return Merchandise Authorization (RMA#) from our support department, as this will prevent accurate crediting back to your account.
5. Customer Care: If you have any questions, please call us at: 1-615-457-3933 or send an email to OrdersPepperBoxing@Gmail.Com. Pepper Boxing Customer Care is open from 9:00 a.m. to 6:00 p.m. Monday through Friday (CT).
6. User Conduct: By entering this Website, you agree that you will not violate any law, contract, intellectual property, or other third party right or commit a tort, and that you are solely responsible for your conduct, while accessing or using the Website. You agree that you will abide by these Terms and will not use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
7. Disclaimers: Disclaimer of Fitness for Particular Purpose: We disclaim any warranty of merchantability or fitness for any particular purpose with respect to Products and this Website.
8. Limitations Of Liability: OTHER THAN AS SET FORTH HEREIN, PEPPER BOXING WILL NOT BE HELD LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF DATA, REVENUE, INCOME, PROFIT, LOSS OF USE, LOSS OF OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, DAMAGES FOR BUSINESS INTERRUPTIONS, LOSS OF OR DAMAGE TO PROPERTY, PERSONAL INJURY, LOSS OF CONSORTIUM OR CLAIMS FOR THIRD PARTIES AND/OR DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF PEPPER BOXING TO YOU ARISING OUT OF OR IN ANY WAY RELATED TO (1) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE SITE EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (2) THE ORDER, RECEIPT OR USE OF OR ACCESS OR USE OF THE WEBSITE OR CONTENT, EXCEED THE GREATER OF $250 OR THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE PEPPER BOXING’S SOLE LIABILITY AND OBLIGATION.
9. Governing Law And Venue: These Terms, your access to and use of the Website, and your order, receipt and use of the Products shall be governed by and enforced in accordance with the laws of the State of Tennessee, without regard to conflict of law, rules, or principles (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any suit, claim or litigation between the parties shall be resolved exclusively in the state or federal courts of the State of Tennessee and the United States, respectively, sitting in Davidson County, Tennessee.
10. Indemnification: To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Pepper Boxing and our respective past, present and future employees, officers, members, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Affiliates”), from and against all actual or alleged claims, damages, third party claims, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse our Website, its content or Products; (b) your violation of these Terms; or (c) any third party’s use or misuse of the Website or Products provided to you. You agree to promptly notify Pepper Boxing of any third-party Claims and cooperate with Pepper Boxing in defending such Claims. You further agree that Pepper Boxing shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in the Membership Documents or any other written agreements between you and Pepper Boxing.
11. Copyrights: Pepper Boxing reserves the right to prosecute for any copyright or patent infringement under Title 17 of the United States Code. All content, logos, slogans, trademarks, copyrighted materials, and other intellectual property belonging to Pepper Boxing may not be used without our express, written consent.
12. Miscellaneous: If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms. Notwithstanding anything contained in 4 these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Website and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
13. Entirety: These Terms constitute the entire agreement between you and Pepper Boxing relating to your access to and use of the Website and your order, receipt and use of its Products, but are not intended to be a full agreement with respect to matters addressed in the Membership Documents or other executed written agreements between us. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Pepper Boxing’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.