The Peach Truck Terms of Use

Effective Date: February 28, 2019

This Terms of Use (“Terms”), together with any documents they expressly incorporate by reference, is an agreement between you (“you”, “your”, or “user”) and The Peach Truck and its affiliates, website, and App developers, vendors, and promotional partners (collectively, “Company”, “The Peach Truck”, “we”, or “us”). These Terms govern your access and use of The Peach Truck’s website and online services that link to or post these Terms including but not limited to ThePeachTruck.com and our accounts on Facebook, Twitter, Instagram, or other social media sites (collectively, the “Services”).

Please read the Terms carefully before using the Services. By using the Services, you agree to be bound and abide by these Terms and our Privacy Policy, found on the Services, including in the footer of www.ThePeachTruck.com, and incorporated herein by reference. By using the Services, you acknowledge that you have read and you agree to these Terms and our Privacy Policy. You agree that any disputes related to the Privacy Policy, including any breaches in security or privacy, will be subject to these Terms. Your acceptance of these Terms provides you with a limited and temporary license to use the Services. We make revoke your permission to use the Services at any time, as described below. If you do not agree to the Terms, you may not access or otherwise use the Services. 

We may, in our sole discretion, modify these Terms with or without notice to you. Any new features or tools which are added to the current store shall also be subject to the Terms. The “Effective Date” date at the top of these Terms will indicate when the latest modifications were made. By continuing to access and use the Services after these Terms have been modified, you agree to such modifications. Therefore, you should review these Terms prior to each use of the Services. When using particular services or features or making purchases on the Services, you will be subject to any posted guidelines or policies applicable to such services, features, or purchases that may be posted from time to time. All such guidelines or policies are hereby incorporated by reference into these Terms.

THESE TERMS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO THE SERVICE TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER.

If you are under the age of eighteen (18), you represent that you are either an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms, submit content, participate through the Services, and fulfill the obligations set forth in these Terms.

 

 

 

ACCESSING THE SERVICES AND AVAILABILITY OF SERVICES

In order to access the Services, you must have access to the World Wide Web, either directly or through devices that access web-based content, and must pay any service fees associated with such access. Normal carrier charges and taxes may apply to any content you obtain from the Services. The Company is not responsible for any surcharges you incur from your cell phone or internet service provider as a result of the use of the Services.  The availability of the content on the Services may be affected by a variety of factors, technical problems or network delays, Company discretion or other reasons. From time to time, we may restrict access to some parts of the Services, or all the Services, to users, including registered users.

 

THE PEACH TRUCK STORE AND PRODUCTS

 

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.  We cannot control the Terms of Service of Shopify or any other third party, however, and you should review the policies of such companies prior to using our store. 

 

Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) 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 Service. Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our return policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 


We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

 

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 cancel 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 attempt 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 agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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 you as needed.

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms. 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

INTELLECTUAL PROPERTY RIGHTS

Using our Services does not grant you any intellectual property rights in the Services. These Terms permit you to use the Services for your personal, non-commercial use only. You acknowledge that all materials on the Services, including but limited to the interface, graphics, text, sounds, pictures, software and other files, and the selection and arrangement thereof (collectively, “Materials”), are the property of the Company or its licensors and are subject to and protected by United States and international copyright and other intellectual property laws and rights.

All rights to the Materials not expressly granted in these Terms are reserved to their respective copyright owners. Except as expressly authorized by these Terms or on the Services, you may not copy, reproduce, distribute, republish, download, perform, display, post, transmit, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of the Company or the respective copyright owner.

The Company authorizes you to view and download the Materials only for personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices contained in the original Materials.  You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes in the physical or digital space. The Company’s trademarks, services marks, trade names, trade dress and logos (collectively, "Marks") contained or described on the Services are the sole property of the Company and/or its licensors and may not be copied imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company and/or licensors. In addition, all page headers, custom graphics, button icons and scripts are Marks of the Company and may not be copied, imitated, or otherwise used, in whole or in part, without the prior written authorization of the Company.

Any use of the Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws. The Company will enforce its intellectual property rights to the fullest extent of the law.

PROHIBITED USES

You may only use the Services for lawful purposes and in accordance with these Terms. You agree not to engage in any of the following activities:

1. Violating laws and rights: You may not: (a) use any Service for any illegal purpose or in violation of any local, state, national, or international laws, (b) violate or encourage others to violate any right of or obligation to a third party, including by infringing, misappropriating, or violating intellectual property, confidentiality, or privacy rights.

2. Solicitation: You may not use the Services or any information provided through the Services for the transmission of advertising or promotional materials, including junk mail, spam, chain letters, pyramid schemes, or any other form of unsolicited or unwelcome solicitation.

3. Disruption: You may not use the Services in any manner that could disable, overburden, damage, or impair the Services, or interfere with any other party’s use and enjoyment of the Services; including by (a) uploading or otherwise disseminating any virus, adware, spyware, worm or other malicious code, or (b) interfering with or disrupting any network, equipment, or server connected to or used to provide any of the Services, or violating any regulation, policy, or procedure of any network, equipment, or server.

4. Harming others: You may not post or transmit Content on or through the Services that is harmful, offensive, obscene, abusive, invasive of privacy, defamatory, hateful or otherwise discriminatory, false or misleading, or incites an illegal act. You may not intimidate or harass another through the Services; and, you may not post or transmit any personally identifiable information about persons under 13 years of age on or through the Services.

5. Impersonation or unauthorized access: You may not impersonate another person or entity, or misrepresent your affiliation with a person or entity when using the Services. You may not use or attempt to use another’s account or personal information without authorization; and you may not attempt to gain unauthorized access to the Services, or the computer systems or networks connected to the Services, through hacking password mining or any other means.

TERMINATION

The Company has the right to, in our sole discretion: (1) review, edit or refuse to post any User Content, in whole or in part, and to terminate your ability to post User Content for any reason; (2) take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Services; (3) terminate or suspend your access to all or part of the Services for any or no reason including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities, court order or other governmental or other investigation requesting or directing us to disclose the identity or other information of anyone using the Services. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

LINKS AND THIRD-PARTY WEBSITES

We may incorporate third-party services, software, technology, data, and/or other content, either independently or in connection with various programs, features, or functions available through the Services. Your use of third-party materials may be subject to terms of use other than this Agreement and as may be set forth by third-party providers, as applicable. You agree that the Company assumes no liability with respect to your use of such third-party materials, whether you are aware of their use or not and whether or not the use of such materials is recommended any other third-party.

Links on the Services to third party websites and Apps are provided only as a convenience to you. If you use these links, you will leave the Services. Your dealings with third parties through links to such third-party websites or Apps are solely between you and such third parties. You agree that the Company will not be responsible or liable for any content, goods, or services provided on or through these outside websites or Apps or for your use or inability to use such websites or Apps. You will use these links at your own risk. You are advised that other websites on the Internet and mobile Apps, including third party websites and Apps linked from the Services, might contain material or information that some people may find offensive or inappropriate; that is inaccurate, untrue, misleading or deceptive; or that is defamatory, libelous, infringing of other's rights, or otherwise unlawful. The Company expressly disclaims any responsibility for the content, legality, decency, or accuracy of any information, and for any products and services, that appear on any third-party website or App.

RELIANCE ON INFORMATION POSTED

The information presented on or through the Services is made available only for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you. These Services include content provided by third parties, including materials by other users, bloggers, third-party licensors, and others. 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 of the person providing those materials and in no way reflect an endorsement by or 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.

CONTESTS, SWEEPSTAKES, AND OTHER PROMOTIONS

Any contests, sweepstakes, raffles, surveys, games, or similar promotions (the “Contests”) made available through the Services are governed by specific rules that are separate from and in addition to these Terms. By participating in any such Contests, you will become subject to those rules, which may vary from these Terms set forth herein, and which are incorporated into these Terms.

DISCLAIMERS

THE COMPANY DOES NOT PROMISE THAT THE SERVICES OR ANY CONTENT OR FEATURE OF THE SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SERVICES WILL PROVIDE SPECIFIC RESULTS. THE SERVICES AND THEIR CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SERVICES IS SUBJECT TO CHANGE WITHOUT NOTICE. THE COMPANY CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY OF THE SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE COMPANY FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

The Company reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will The Company be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if the Company has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms, The Company is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Services, The Company’s liability shall in no event exceed the greater of (1) the total of any purchase with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against The Company, or (2) US $100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

INDEMNIFICATION

You agree to indemnify and hold the Company, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against the Company by any third party due to or arising out of or in connection with your use of the Site.

FILTERING

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) that may assist you in limiting access to material that is harmful to minors are commercially available. Information identifying current providers of such protection is available on-line.

GOVERNING LAW AND JURISDICTION

You agree that all matters relating to your access to or use of the Services, including all disputes, will be governed by the laws of the United States and by the laws of the State of Tennessee without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Davidson County, Tennessee, and waive any objection to such jurisdiction or venue. Any claim under these Terms must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees.

In the event of any controversy or dispute between the Company and you arising out of or in connection with your use of the Services, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If you and the Company do not resolve any dispute by informal negotiation, any other effort to resolve the dispute will be conducted exclusively by binding arbitration as described in this section. You are giving up the right to litigate (or participate in as a party or class member) all disputes in court before a judge or jury. Instead, all disputes will be resolved before a neutral arbitrator, whose decision will be final except for a limited right of appeal under the Federal Arbitration Act. Any court with jurisdiction over the parties may enforce the arbitrator's award.

ANY PROCEEDINGS TO RESOLVE OR LITIGATE ANY DISPUTE WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS. NEITHER YOU NOR THE COMPANY WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY. No arbitration or proceeding will be combined with another without the prior written consent of all parties to all affected arbitrations or proceedings.

All disputes arising under this Agreement that cannot be settled through informal negotiation will be settled exclusively through confidential binding arbitration in accordance with the Consumer Arbitration Rules of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in a court of competent jurisdiction. You agree that the Company may seek any interim or preliminary relief from a court of competent jurisdiction in Tennessee necessary to protect its rights or property pending the completion of arbitration.

To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any claim in any forum unless you provide the Company with written notice of the events or facts giving rise to the claim within one (1) year of their occurrence.

SEVERABILITY

If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions shall not be affected. All interpretations of these Terms will be at the Company's sole discretion and the Company's decisions will be final. When used in these Terms, the word “including” shall be deemed followed by the words “without limitation.”

PRIVACY POLICY

We are committed to protecting your privacy and security and we have explained in detail the steps we take to do so in the Company’s Privacy Policy, which can be found at https://thepeachtruck.com/pages/privacy-policy. You, in turn, agree and consent to the terms of the Privacy Policy by your use of the Services.

ENTIRE TERMS

These Terms, including the Privacy Policy and other policies incorporated herein, constitute the entire and only agreement between the Company and each user of the Services with respect to the subject matter of these Terms and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings, written or oral, with respect to the subject matter of these Terms.

CONTACT INFORMATION

If you have any comments, questions, or complaints regarding these Terms or the Services, or wish to report any violation of these Terms, please contact us at hello@thepeachtruck.com.