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      Last Modified: 5.28.20

       

      Acceptance of the Terms of Use

      These terms of use are entered into between You and Mod Peach ("we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of modpeach.com, including any content, functionality, and services offered on or through modpeach.com (the "Website").

      Please read these Terms of Use carefully before you start using use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://modpeach.com/pages/privacy-policy, incorporated into these Terms of Use by reference. If you do not agree to these Terms of Use or the Privacy Policy, do not access or use the Website.

      Our store is hosted by on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.

      Changes to the Terms of Use

      We may change these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website after the posting. However, any changes to the dispute resolution provisions in Governing Law will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website.

      Your continued use of the Website following the posting of changes to these Terms of Use means that you accept and agree to those changes. You are expected to check this page periodically for changes to these Terms of Use since they are binding on you.

      Accessing the Website and Account Security

      We may withdraw or change this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

      You are responsible for:

      • Making all arrangements necessary for you to access the Website; and
      • Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

      To access the Website, or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide on this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://modpeach.com/pages/privacy-policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

      You must treat your username, password, and any other item of information which is part of our security procedures as confidential, and you must not disclose them to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to any portion of this Website using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. Use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

      We may disable any username, password, or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

      Intellectual Property Rights

      The Website, including its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

      These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Website (the “Materials”), except as follows:

      • Your computer may temporarily store copies of the Materials in RAM incidental to your accessing and viewing of those materials.
      • You may store files that are automatically cached by your Web browser for display enhancement purposes.
      • You may download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
      • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
      • If we provide social media features with certain content, you may take such actions as are enabled by these features.

      You must not:

      • Modify copies of any Materials.
      • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
      • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of the Materials.
      • Access or use for any commercial purposes any part of the Website or any services or the Materials available through the Website.

      If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of these Terms of Use, your right to use the Website will end immediately and you must, at our option, return or destroy any copies of the Materials you have made. No right, title, or interest in or to the Website, or any content on the Website, is transferred to you. All rights not expressly granted to you under these Terms of Use are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

      Trademarks

      The Company name, the trademarks, the Company logo, and all related names, logos, product and service names, designs, and slogans, are trademarks of the Company or its licensors. You must not use these marks, names, logos, product and service names, designs, and slogans without the Company’s prior written permission. All other marks, names, logos, product and service names, designs, and slogans on the Website are trademarks of their respective owners.

      Prohibited Uses

      You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

      • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
      • For the purpose of exploiting, harming, or attempting to exploit or harm, minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
      • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards.
      • To transmit, or procure the sending of, any advertising or promotional material without Company’s prior written consent including any "junk mail," "chain letter," "spam," or any other similar solicitation.
      • To impersonate, or attempt to impersonate, the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
      • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.

       

       

      Additionally, you agree not to:

      • Use the Website in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
      • Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Material on the Website.
      • Use any manual process to monitor or copy any of the Materials, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
      • Use any device, software, or routine that interferes with the proper working of the Website.
      • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
      • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any part of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
      • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
      • Otherwise attempt to interfere with the proper working of the Website.

      User Contributions

      The Website may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

      All User Contributions must comply with the Content Standards in these Terms of Use.

      Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our licensees, successors, and assigns a right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

      You represent and warrant that:

      • You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our service providers, and each of their respective licensees, successors, and assigns.
      • All of your User Contributions do and will comply with these Terms of Use.

      You understand and acknowledge that (a) you are responsible for any User Contributions you submit or contribute, and (b) you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

      We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.


      Monitoring and Enforcement; Termination

      We have the right to:

      • Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
      • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution (a) violates the Terms of Use, including the Content Standards, (b) infringes any intellectual property right or other right of any person or entity, (c) threatens the personal safety of users of the Website or the public, or (d) could create liability for the Company.
      • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
      • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
      • Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

      Without limiting the bullet-point material above, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY, ITS LICENSORS AND SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

      However, we (a) cannot, and do not, undertake to review material before it is posted on the Website, and (b) cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

      Content Standards

      These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must, in their entirety, comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

      • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
      • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
      • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
      • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may conflict with these Terms of Use and our Privacy Policy https://modpeach.com/pages/privacy-policy
      • Be likely to deceive any person.
      • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
      • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
      • Impersonate any person or misrepresent your identity or affiliation with any person or organization.
      • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
      • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

      You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.

      Copyright Infringement

      If you believe that any User Contributions violate your copyright, email us at service@modpeach.com for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.

      Reliance on Materials Posted

      The Materials presented on or through the Website are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of the Materials. Any reliance you place on the Materials is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on the Materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

      This Website may include content provided by third parties, including Materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these Materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those Materials. These Materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any Materials provided by any third parties.

      Changes to the Website

      We may change the Materials on this Website from time to time, but these Materials are not necessarily complete or up to date. Any of the Materials on the Website may be out of date at any given time, and we are under no obligation to update such Materials.

      Information About You and Your Visits to the Website

      All information we collect on this Website is subject to our Privacy Policy https://modpeach.com/pages/privacy-policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

      Online Purchases and Other Terms and Conditions

      All purchases through our Website, or other transactions for the sale of goods or services formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated by reference into these Terms of Use.

      Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

      Linking to the Website and Social Media Features

      You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link that suggests any form of association, approval, or endorsement by us.

      This Website may provide certain social media features that enable you to:

      • Link from your own or certain third-party websites to certain content on this Website.
      • Send emails or other communications with certain content, or links to certain content, on this Website.
      • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

      You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

      • Establish a link from any website that is not owned by you.
      • Cause the Website or portions of it to be displayed on, or appear to be displayed on, any other site, for example, by framing, deep linking, or in-line linking.
      • Link to any part of the Website other than the homepage.
      • Otherwise take any action with respect to the Materials on this Website that is inconsistent with any other provision of these Terms of Use.

      The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use

      You agree to cooperate with us in causing any unauthorized framing or linking immediately to end immediately. We may withdraw linking permission without notice.

      We may disable all or any social media features and any links at any time without notice in our discretion.

      We may provide you with access to third-party tools which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools” as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Use.

      Links from the Website

      If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility or liability for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. Please carefully review the third party’s policies and practices and make sure that you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products must be directed to the third-party.

      Geographic Restrictions

      The owner of the Website is based in Georgia in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

      Disclaimer of Warranties

      You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO (A) YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR (B) YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

      YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (A) IS AT YOUR OWN RISK, AND (B) ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE PRECEDING SENTENCE, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE (A) WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, (B) THAT DEFECTS WILL BE CORRECTED, (C) THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR (D) THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

      TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

      THE DISCLAIMERS IN THIS SECTION DO NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      Limitation on Liability

      TO THE FULLEST EXTENT ALLOWED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE WEBSITE, OR ANY WEBSITES LINKED TO THE WEBSITE, OR (B) ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES. THE DISCLAIMER OF DAMAGES IN THE PRECEDING SENTENCE APPLIES (A) TO DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, (B) TO CLAIMS FOR, WITHOUT LIMITATION, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND (C) WHETHER SUCH CLAIMS WERE CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

      THIS LIMITATION OF LIABILITY DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

      Indemnification

      You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) your violation of these Terms of Use or your use of the Website, (b) your User Contributions, (c) any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or (d) your use of any information obtained from the Website. 

      Termination

      The obligations and liabilities of the parties incurred prior to the termination date will survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our services, or when you cease using our Website. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate these Terms of Use at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).

      Governing Law and Jurisdiction

      All matters relating to the Website and these Terms of Use, and any dispute or claim arising from, or related, to them (in each case, including non-contractual disputes or claims), will be governed by and construed in accordance with the internal laws of Georgia, the United States without giving effect to any choice or conflict of law provision or rule (whether of Georgia, the United States or any other jurisdiction).

      Any suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website must be instituted exclusively in the U.S. federal courts or the courts of Georgia, the United States, in each case located in Fulton County, Georgia, the United States. However, we may bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

      Arbitration

      At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying the laws of Georgia, the United States.

      Limitation on Time to File Claims

      ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM WILL BE PERMANENTLY BARRED.

      Waiver and Severability

      No waiver by the Company of any term or condition in these Terms of Use will be deemed a continuing waiver of such term or condition or a waiver of any other term or condition. Any failure by Company to assert a right or provision under these Terms of Use will not constitute a waiver of such right or provision.

      If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent so that the remaining provisions of the Terms of Use will continue in full force and effect.

      Entire Agreement

      The Terms of Use, our Privacy Policy, and Terms of Sale, constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

      Your Comments and Concerns

      This website is operated by Mod Peach LLC.  Mailing address: Mod Peach, 2107 N. Decatur Rd, #273, Decatur, GA 30033

      All other feedback, comments, requests for technical support, and other communications relating to the Website must be directed to: service@modpeach.com