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Terms and conditions

Pepperem
Terms and Conditions
April 2019

This Terms & Conditions (Agreement or Terms of Use) is a legal agreement between you and Pepperem LLC. (Hereinafter “Pepperem”, “Company”, “We” or “Us”) that sets forth the legal terms and conditions for your use of www.pepperem.com and for your purchase of any company products or services under this agreement. Please read this agreement carefully before using the website. You hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time at the Pepperem website. If you do not accept these terms of use, please do not use this website. 

The company reserves the right, at its sole discretion, to revise these terms and conditions of use at any time by updating this agreement on the website. Please check these terms periodically for changes. If we change this agreement, we will give you notice by posting the revised agreement on this website. Those changes will go into effect on the revision date shown in the revised agreement. Your continued use of the website following the posting of changes to these terms and conditions will mean you accept those changes and that they apply to you. These terms and conditions of use apply to every website maintained by the company. If you do not agree with these terms and conditions of use, please do not use this website. If you breach any of these terms and conditions of use, your right to use this website will terminate automatically. 

Pepperem.com is an ecommerce store that sells llama shaped pepper spray molds that contain pepper spray created by a third party. The pepper spray created by a third party is made in the United States and is a leading manufacturer. Due to a legal contract, Pepperem is unable to disclose the name of the third-party pepper spray vendor. Pepperem is legal in all 50 states of the United States but specific laws vary from state to state. If you use this website, you are responsible for compliance with any and all applicable local laws. 

The Company has strict customer information confidentiality policies as set forth in its online Privacy Policy. You agree to be bound by the Company’s Privacy Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including Internet or e-mail addresses, about other customers or users of the website. 
1. The Acknowledgement of Various State Laws regarding the sale of pepper spray
The Company does not sell its llama shaped pepper spray mold containing pepper spray (hereinafter simply, “pepper spray”), to any persons under the age of 18. By using this site, you are representing that you are over the age of 18 and that the person receiving the shipment of Pepperem’s llama shaped pepper spray is over the age of 18. However, there may be additional restrictions, such as age, license requirements, fluid ounces limitations, etc. on the ability to purchase pepper spray depending on your state law. It is your responsibility to comply with any additional local state laws when purchasing pepper spray. 
Pepperem will not ship pepper spray to Alaska, Washington DC, Hawaii, Massachusetts, and New York as those states do not permit the shipment of pepper spray. 
2. Use of Pepper Spray – NOT A TOY
Pepper spray is only intended to be used if you feel that you are threatened and/or in cases of emergency. By purchasing Pepperem’s product, you agree that you will not use the product as a toy and/or use as a weapon. Pepperem’s pepper spray is to be used in a defensive manner only when you feel your life is at risk. By purchasing the product, you acknowledge that the use of pepper spray causes extreme pain in the eyes, nose, and throat when sprayed in the face. You acknowledge that the use of pepper spray causes severe pain and that it will be ONLY used to incapacitate an attacker so that you have the time to run away and call the police. Although Pepperem’s llama shaped pepper spray is cute in appearance, it is NOT A TOY and should be used with caution. 
We guarantee the effectiveness of the actual pepper spray fluid composition, in that is causes severe pain, difficulty breathing, involuntary eye/throat closures, and/or coughing, and that the pepper spray llama mold accurately deploys said pepper spray. However, it is up to you to periodically test the usability of the pepper spray and llama-shaped pepper spray mold. If the product is damaged, altered, or changed in any way, this renders the guarantee void. 
You also agree that any products purchased from Pepperem is intended for personal use and not intended for resale. 
3. Use of Site
The company maintains this website and its contents for your personal information, entertainment, and education. You agree to (a) provide Pepperem with complete and current registration information when you first register with this website and (b) keep such registration information updated and current. By using the website, you represent and warrant that you are at least 18 years old and have the capacity to enter into this agreement and to abide by the terms and conditions of this agreement. Those who choose to access the website from locations other than where we ship or do business do so on their own initiation and are responsible for compliance with local laws, if and to the extent local laws are applicable. 
Please feel free to browse the website. You may not distribute, retransmit, republish, reuse, re-post, or use the contents of this website for public or commercial purposes, without Pepperem’s prior written permission. You may not alter or interfere with the content or functioning of the website, or “mirror” any content contained on this website or any other server. The materials on this website are the intellectual property of Pepperem and any unauthorized use may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statues. If you breach any of the terms of conditions of use, your right to use this website will terminate automatically. 
You are responsible for your use of the website, and for any use of the website made using your account. When you use the Website, you agree to the following:
• You will, at all times, act in full compliance with the laws of your State pertaining to the use of pepper spray
• You will not violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
• You will not post, share, send, or otherwise use the website to do anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable (such as sending unsolicited or unauthorized advertising or commercial communications as outlined in our Anti-Spam Policy described below);
• You will not transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
• You will not use automated methods to use the Website nor use any means to scrape or crawl any Web pages or content contained in the Website (although the Company may allow operators of public search engines to use spiders to index materials from the Website for the sole purpose of creating publicly available searchable indices of the materials, and the Company reserves the right to revoke these exceptions either generally or in specific cases);
• You will not attempt to circumvent any technological measure implemented by the Company or any of the Company's providers or any other third party (including another user) to protect the Website;
• You will not attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Website; or
• You will not advocate, encourage, or assist any third party in doing any of the foregoing.
ANTI-SPAM POLICY - The Company strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. The Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with the Company, and/or its products and services. The Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
4. Limited Warranty 
The material contained in this website has been checked for accuracy. However, there may be inadvertent technical or factual inaccuracies and typographical errors. The company expressly disclaims all liability for errors or omissions in, or the misuse or misinterpretation of, any information contained on this website. Information published on this website may refer to products, programs, or services that are not available in your state or country. Without limited the foregoing, the website is provided “as is” and without warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. 
We guarantee the strength and effectiveness of the actual pepper spray fluid composition, in that is causes severe pain, difficulty breathing, involuntary eye/throat closures, and/or coughing, and that the pepper spray llama mold accurately deploys said pepper spray. Each batch of the pepper spray fluid has been tested in a HPLC lab. HPLC (High Performance Liquid Chromatography) technology separates, identifies, and quantifies each component in a liquid solvent mixture. With HPLC testing, this ensures that there are no pepper spray failures on the basis of heat inconsistency and guarantees the maximum strength of the pepper spray fluid. 
However, it is up to you to periodically test the usability of the pepper spray and llama-shaped pepper spray mold. If the product, either the pepper spray unit itself or its mold, is damaged, altered, or modified in any way, this renders the guarantee void. Any misuse, improper maintenance also renders the warranty void. 
5. Return and Refund Policy
If you are unsatisfied with our product in any way, you have 30 days from the day you receive the product to return it and receive a full refund. 
If the product is found defective due to a manufacturing error, you can return the product within 60 days or receiving the product for a full refund. This warranty does not cover expired unites and does not apply if the unit has been subject to misuse or abuse. Under no circumstance shall the Company be responsible for incidental or consequential damages with respect to economic loss or injury to person or property, whether as a result of breach of express or implied warranty, negligence, or otherwise. This warranty gives you specific rights, and you may also have other rights, which vary from state to state. 
6. Limitation of Liability 
Neither the Company nor any third party involved in creating or delivering the website will be liable under any theory (including negligence) for any incidental, consequential, indirect, special or punitive damages arising out of your access to or use of the website. 
To the maximum extent permitted by applicable laws, you hereby waive any claims with respect thereto, whether based on contractual, tort, or other grounds, even if we have been advised of the possibility of such damages. Some jurisdictions do not allow for limited liability or exclusion of implied warranties, so not all of the above limitations may apply to you. 
You agree to indemnify and hold harmless company, its’ affiliates, agents, independent consultants, and their respective officers, directors, employees, and agents from any and all liabilities, claims, expenses and damages, including reasonable attorneys’ fees and costs, arising out of or in any way related to your use of this website, any sale conducted hereunder, or information regarding company products, or in any connection with your account or any other person’s use or access to this website through your access, with or without your permission, including without limitation any claims of negligence, libel, defamation, violation of rights of privacy or publicity, trespass, and infringement of intellectual or other proprietary rights. 
7. Intellectual Property Ownership
The contents of this website, such as trademarks, designs, text, logos, icons, and product design, or other intellectual property are owned by and proprietary to the Company. You may not display, reproduce, distribute, modify, transmit, or otherwise use the contents of the Website or products in any way for public or commercial purposes, without the Company’s prior written content. You may only use this material and the Company’s products for personal, non-commercial purposes. 
8. Dispute Resolution
By entering into this Agreement and using the website, you agree that you shall defend, indemnify and hold the Company, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; or (b) your use or misuse of the product.
You and the Company agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the product will be settled by binding arbitration, except that each party retains the right to bring and individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this Agreement.
Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The AAA provides a form Demand for Arbitration here and a separate form for California residents at this page. The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Company submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision: The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. The prevailing party in arbitration will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law.
Fees: Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
9. Governing Law
This Agreement will be governed by and interpreted in accordance with the laws of the State of California without regard to any conflict of laws principles. By using this website, the party entering this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement. 
10. Contact
You may contact us by sending an email to: support@pepperem.com
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