Last Modified: July 28, 2015
Scope of Use
Subject to these Terms, PepPod grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Site for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on or access through the Site (collectively, the “Content”). Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of PepPod. You agree not to:
- collect information from the Site using an automated software tool or manually on a mass basis;
- use automated means to access the Site, or gain unauthorized access to the Site or to any account or computer system connected to the Site;
- obtain, or attempt to obtain, access to areas of the Site or our systems that are not intended for access by you;
- “flood” the Site with requests or otherwise overburden, disrupt, or harm the Site or our systems;
- restrict or inhibit other users from accessing or using the Site;
- modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site; or
- access or use the Site for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
Account Registration and Security
Access to and use of certain areas of the Site may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or login form, and you are responsible for keeping such information up to date. You are responsible for maintaining the confidentiality of your account information, including your username and password, and for any and all activity that occurs under your account. You agree to immediately notify PepPod of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
- Order Acceptance
- All orders are subject to acceptance by PepPod. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. PepPod reserves the right at any time after receipt of your order to accept or decline your order for any reason or to supply less than the quantity you ordered of any product. The contract for sale of products between you and PepPod is not entered into until we charge your payment card or otherwise accept payment from you for such products.
You can keep track of the orders you have placed on the Site by logging into your account, clicking the “Account” link at the top of any page of the Site, and clicking the “My Orders” link.
- Risk of Loss and Title
- The risk of loss and title for products purchased by you on the Site pass to you upon our delivery of such products to the carrier. You are responsible for filing any claims with the applicable carrier for damaged and/or lost shipments.
- Shipping Policy
- Most orders received before 5:00 PM Mountain Time will ship the same day, provided the product ordered is in stock. Most orders received after 5:00 PM Mountain Time will ship the next business day. Orders are not processed or shipped on Saturday or Sunday, except by prior arrangement. Consider any shipping or transit time offered to you by PepPod or other parties only as an estimate. We encourage you to order in a timely fashion to avoid delays caused by shipping or product availability.
- Multiple Product Orders
- For a multiple product order, we will attempt to ship all products contained in the order at the same time. We will ship products that are unavailable when you place your order as they become available, unless you inform us otherwise. You will only be charged for products contained in a given shipment, plus any applicable shipping charges. You will only be charged for shipping at the rate quoted to you at the time of purchase. We may apply the entirety of this shipping charge to the first product(s) shipped on a multiple shipment order.
- If you would like to return a product you ordered on the Site, please do the following:
- put the product and your order invoice back into the box we shipped it to you in (or another securely sealed shipping package);
- provide the reason for the return to us via email at Pep@PepPod.com or on a piece of paper in the box with the product; and
- return your package to us using the carrier of your choice to the following address:
PO Box 40410
Denver, CO 80204
Once we receive your package we will refund the value of the product total and any taxes you were charged (excluding delivery charges) to the payment method you used to purchase the product on the Site. Please allow 5 to 10 business days for the processing of your return once we receive it. We strongly encourage you to insure your package. Please be aware that we cannot take responsibility for any lost or damaged packages, and we will not reimburse your return shipping costs.
- Taxable items that we ship to customers in certain states are subject to taxes, and if you request us to ship products to any such state, we will add the appropriate charges to your product total and will display such charges on your order confirmation.
Though we strive for accuracy, the information on the Site may occasionally contain typographical errors, inaccuracies, or omissions in relation to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information at any time without prior notice to you, including after you have submitted an order. In the event of a pricing error on a product you have ordered, we reserve the right to cancel your order and will notify you in the event of such cancellation.
Unless otherwise specified, the Site and all Content are the sole property of PepPod and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks PepPod®, Pod®, Power Powder®, Morning Noon Night®, Bring Out Your Inner™, Energy+Nutrition™, and Energy Evolved®, the PepPod circle logo, and all other trademarks, service marks, and logos displayed on the Site, are registered and unregistered marks of PepPod and its licensors. You acknowledge and agree that, as between you and PepPod, PepPod is and shall remain the sole owner of the Site and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
The communications between you and PepPod via the Site use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that we will deem any comments, suggestions, or other materials you submit to PepPod (“Feedback”) to be non-confidential and non-proprietary, and PepPod has no obligations (including obligations of confidentiality) with respect to such Feedback. If you send any Feedback to PepPod, you grant PepPod a non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, transferable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback throughout the world in any media for any purpose whatsoever (commercial or otherwise) without compensation to you.
Changes, Suspension and Termination
PepPod reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Site or any features or portion thereof (including any Content) at any time. You agree that PepPod will not be liable to you or to any third party for any such change, suspension, or discontinuance.
PepPod also reserves the right to deny access to the Site or to any features or portions thereof, and to suspend or terminate your account on the Site, at any time and for any reason, including if you violate these Terms. In the event that we suspend or terminate your access to the Site and/or your account, you will continue to be bound by the Terms that were in effect as of the date of such suspension or termination.
THE SITE AND ALL CONTENT AND PRODUCTS ARE PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, AND PEPPOD HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. NEITHER PEPPOD NOR ANY PERSON ASSOCIATED WITH PEPPOD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR ANY CONTENT OR PRODUCTS. WITHOUT LIMITING THE FOREGOING, NEITHER PEPPOD NOR ANYONE ASSOCIATED WITH PEPPOD REPRESENTS OR WARRANTS THAT THE SITE OR ANY CONTENT OR PRODUCTS WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SITE, CONTENT, OR THE SERVERS THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY CONTENT OR PRODUCTS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, THEREFORE, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
The Site and the Content are provided for informational purposes only and are not meant to substitute for the advice provided by your doctor or other health care professional. You should not RELY ON any Content available on or through the Site for diagnosing or treating a health problem or disease. Information and statements regarding our products have not been evaluated by the United States Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. You should carefully READ all product packaging prior to use.
Limitation of Liability
to the fullest extent permitted by law, IN NO EVENT WILL PEPpOD OR its OFFICERS, directors, employees, agents, licensors, OR service providers HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SITE OR ANY CONTENT OR PRODUCTS, INCLUDING FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, DEATH, LOSS OF REVENUE, PROFITS, OR BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. USE OF THE SITE (INCLUDING ANY CONTENT) AND/OR PRODUCTS IS AT YOUR SOLE RISK.
You agree to indemnify, defend, and hold PepPod and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Site and/or any Content or any violation of these Terms or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Site and/or these Terms.
Links to Other Websites
PepPod’s principal place of business is located in the State of Colorado in the United States. We make no claims that the Site (including the Content) is accessible or appropriate outside of the United States. Access to and use of the Site or our products may not be legal by certain persons or in certain countries. If you access the Site or order our products from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Governing Law; Jurisdiction and Venue
These Terms and any dispute or claim arising out of or related to these Terms, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms, the Site (including any Content), or our products shall be instituted exclusively in the federal or state courts located in Denver, Colorado. You agree to waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE (INCLUDING ANY CONTENT), OR OUR PRODUCTS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION OR CLAIM ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver of Jury Trial
YOU HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY IN ANY ACTION, SUIT, PROCEEDING, CLAIM, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE (INCLUDING ANY CONTENT), OR OUR PRODUCTS.
Waiver and Severability
Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms will continue in full force and effect.
Changes to the Terms
We reserve the right to make changes to this Site and these Terms at any time. All changes are effective immediately when we post them, and apply to all access to and use of the Site thereafter. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.