TERMS & CONDITIONS
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY USING THIS WEB SITE, YOU AGREE TO ALL OF THESE TERMS AND CONDITIONS.
Welcome to www.SpicyPepperBooks.com (the "Site"), provided by Spicy Pepper Books ("SPB" or "us"). SPB provides products and services to you ("You" or "Your") subject to the terms and conditions set forth in this agreement (the "Agreement"). In addition, when You use any of our services (e.g., Customer Reviews), You will be subject to the rules, guidelines, policies, terms, and conditions applicable to such service, and they are incorporated into this Agreement by this reference. We reserve the right to change this Site and these terms and conditions at any time. ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS IN THIS AGREEMENT, SO PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE. USE OF SITE
You represent and warrant that You are at least 18 years old or visiting the Site under the supervision of a parent or guardian. If You are under 18 years old, please come back and visit us after Your 18th birthday unless Your parent or guardian is visiting the Site with You.
Any person using the Site on behalf of a person, company, entity or organization must be an authorized representative with the authority to bind the person, company, entity or organization to these Terms (which authority such User hereby exercises).
This Agreement and its terms and conditions may be changed in the future without further notice to You. Your continued use of this Site and any products or services offered through this Site after any such changes is Your acceptance of the new terms. Further, these Terms apply exclusively to Your access to, and use of, this Site and do not alter in any way the terms or conditions of any other agreement You may have with SPB.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your agent or representative, and transactions entered into by anyone who uses the account You've established with us, whether or not the transactions were in Your behalf. You acknowledge that our acceptance of any application made by You for products or services provided by us will take place in Boston MA.
Subject to the terms and conditions of this Agreement, we hereby grant You a limited, revocable, non-transferable and non-exclusive license to access and use the Site by displaying it on Your internet browser only for the purpose of shopping for personal items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance. Any breach of this Agreement will result in the immediate revocation of the license granted in this paragraph without notice to You.
Except as permitted in the paragraph above, You may not reproduce, distribute, display, sell, lease, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit this Site or any portion of it unless expressly permitted by us in writing. You may not make any commercial use of any of the information provided on the Site or make any use of the Site for the benefit of another business unless explicitly permitted by us in advance. We reserve the right to refuse service, terminate accounts, and/or cancel orders at its discretion, including, without limitation, if we believe that customer conduct violates applicable law or is harmful to our interests.
You will not upload to, distribute, or otherwise publish through this Site any Content, information, or other material that (a) violates or infringes the copyrights, patents, trademarks, service marks, trade secrets, or other proprietary rights of any person; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic, or could give rise to any civil or criminal liability under U.S. or international law; or (c) includes any bugs, viruses, worms, trap doors, Trojan horses or other harmful code or properties.
As part of the registration process, You will be asked to select a username and password for accessing and using the Site. SPB may refuse to grant a username if it determines, in its sole discretion, that such username (i) impersonates someone else, (ii) is or may be illegal, (iii) is or may be protected by trademark or other proprietary rights law, (iv) is vulgar or otherwise offensive, or (v) may cause confusion. Alternatively, we may assign You a password and account identification to enable You to access and use certain portions of this Site. Each time You use a password or identification, You will be deemed to be authorized to access and use the Site in a manner consistent with the terms and conditions of this Agreement, and we have no obligation to investigate the authorization or source of any such access or use of the Site. YOU WILL BE SOLELY RESPONSIBLE FOR ALL ACCESS TO AND USE OF THIS SITE BY ANYONE USING THE PASSWORD AND IDENTIFICATION ORIGINALLY ASSIGNED TO YOU WHETHER OR NOT SUCH ACCESS TO AND USE OF THIS SITE IS ACTUALLY AUTHORIZED BY YOU, INCLUDING WITHOUT LIMITATION, ALL COMMUNICATIONS AND TRANSMISSIONS AND ALL OBLIGATIONS (INCLUDING WITHOUT LIMITATION FINANCIAL OBLIGATIONS) INCURRED THROUGH SUCH ACCESS OR USE. You are solely responsible for protecting the security and confidentiality of the password and identification assigned to You. You will immediately notify us of any unauthorized use of Your password or identification or any other breach or threatened breach of this Site's security. If You have a reason to believe that Your User Account is no longer secure, You must promptly change Your password by clicking notifying us of the problem by email at customerservice@spicypepperbooks.com
In using this Site you agree:
• Not to disrupt or interfere with the security of, or otherwise abuse, the Site, or any services, system resources, accounts, servers or networks connected to or accessible through the Site or affiliated or linked Web sites
• Not to disrupt or interfere with any other user's enjoyment of the Site or affiliated or linked Web sites
• Not to upload, post or otherwise transmit through or on this Site any viruses or other harmful, disruptive or destructive files
• Not to use or attempt to use another's account, service or system without authorization from SPB, or create or use a false identity on this Site
• Not to transmit through or on this Site spam, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings
• Not to attempt to obtain unauthorized access to the Site or portions of the Site that are restricted from general access
• Not to display or transmit any unlawful, harmful, hateful, racially, ethnically or objectionable material of any kind
• Not to impersonate any person or entity or engage in any fraudulent business practice PAYMENT
As consideration for the products or services purchased by You or provided to You by SPB, You agree to pay SPB at the time You order. All payments are due immediately and are non-refundable unless otherwise expressly noted. Payment may be made by You by providing either a valid credit card or an online check, such as through PayPal (collectively, the "Payment Method").
If for any reason SPB is unable to charge Your Payment Method for the full amount owed SPB for the products or services provided, or if SPB is charged a penalty for any fee it previously charged to Your Payment Method, You agree that SPB may pursue all available remedies in order to obtain payment. If You pay by credit card and if for any reason SPB is unable to charge Your credit card with the full amount of the products or services provided, or if SPB is charged back for any fee it previously charged to the credit card You provided, You agree that SPB may pursue all available remedies in order to obtain payment. You agree that among the remedies SPB may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation of any products or services ordered by you. PRODUCTS
Products sold on this Site are not intended for resale, and any warranties for such Products will not be transferred with the re-sale of the Product.
Products ordered through this Site will be shipped in accordance with the instructions identified by you at the time of purchase. SPB will be using third party shipping vendors for shipping and delivery, and therefore SPB assumes no responsibility and specifically disclaims any responsibility for any difficulties or errors in the shipment of Products to you or the intended recipient.
For our policy regarding the return of products, go here
REVIEWS AND COMMENTS
Except as otherwise provided elsewhere in this Agreement or on the Site, anything that You submit or post to the Site and/or provide us, including without limitation, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, "Submissions") is and will be treated as non-confidential and nonproprietary, and we will have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions will automatically become our sole and exclusive property and will not be returned to You.
In addition to the rights applicable to any Submission, when You post comments or reviews to the Site, You also grant us the right to use the name that You submit with any review, comment, or other Content, if any, in connection with such review, comment, or other content. You represent and warrant that You own or otherwise control all of the rights to the reviews, comments and other Content that You post on this Site and that use of Your reviews, comments, or other Content by us will not infringe upon or violate the rights of any third party. You will 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 Submissions or Content. We may, but will not be obligated to, remove or edit any Submissions (including comments or reviews) for any reason.
INDEMNIFICATION
You shall be solely liable for Your use of the Site. You agree to fully indemnify and hold harmless us and our affiliates, vendors, employees, agents and representatives from and against any and all claims, fees, costs, expenses, settlement payments, damages and any other expense or cost of any kind relating to Your improper use of this Site.
INTELLECTUAL PROPERTY
All text, graphics, button icons, images, audio clips, and software (collectively, "Content"), belongs exclusively to SPB or its affiliates. The collection, arrangement, and assembly of all Content on this Site (the "Compilation") belongs exclusively to SPB or its affiliates. All software used on this Site (the "Software") is the property of SPB, its affiliates or its Software suppliers. The Content, the Compilation and the Software are all protected by U.S. and international copyright laws. Spicy Pepper Books, and all logos, slogans, trade names or words are registered trademarks, trademarks or service marks of SPB, its affiliates, suppliers, or third parties. The use of any of our trademarks or service marks without our express written consent is strictly prohibited. You may not use our trademarks or service marks in connection with any product or service in any way that is likely to cause confusion. You may not use our trademarks or service marks in any manner that disparages or discredits us. You may not use any of our trademarks or service marks in meta tags without prior explicit consent.
PRIVACY POLICY
Please review our Privacy Policy below, which also governs Your visit to this Site, to understand our practices.
RISK OF LOSS; OTHER TERMS OF SALE
The risk of loss and title for items purchased by You pass to You upon our delivery of the items to the carrier pursuant to our standard terms of sale as set out in this Agreement.
TERMINATION AND EFFECT OF TERMINATION
In addition to any other legal or equitable remedies, we may, without prior notice to You, immediately terminate the Agreement or revoke any or all of Your rights granted under this Agreement. Upon any termination of this Agreement, You will immediately cease all access to and use of the Site and we will, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to You and deny Your access to and use of this Site in whole or in part. Any termination of this Agreement will not affect the respective rights and obligations (including without limitation, payment obligations) of the parties arising before the date of termination.
INTERNATIONAL ACCESS
This Site may be accessed from countries other than the United States. This Site may contain products or references to products that are not available outside of the United States. Any such references do not imply that such products will be made available outside the United States. If You access and use this Site outside the United States You are responsible for complying with Your local laws and regulations.
DISCLAIMER AND LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE PROVIDED IN THE STANDARD TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THIS SITE, THIS SITE, THE PRODUCTS OFFERED FOR SALE ON IT AND THE TRANSACTIONS CONDUCTED THROUGH IT ARE PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. EXCEPT AS PROVIDED TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE UNINTERRUPTED OR ERROR FREE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, SPECIAL OR CONSEQUENTIAL DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) SHALL NOT EXCEED IN THE AGGREGATE THE AMOUNT OF FEES ACTUALLY PAID BY YOU TO US DURING THE MONTH IMMEDIATELY PRECEDING THE ACT ALLEGEDLY GIVING RISE TO OUR LIABILITY.
TYPOGRAPHICAL ERRORS
In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we will have the right to refuse or cancel any orders placed for product listed at the incorrect price. We will have the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is canceled, we will immediately issue a credit to Your credit card account in the amount of the charge.
LINKS
This site may contain links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the operation of or content located on or through any such site.
COPYRIGHT COMPLAINTS
We respect the intellectual property of others. If You believe that Your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
REMEDIES
You agree that our remedy at law for any actual or threatened breach of this Agreement would be inadequate and that we will be entitled to specific performance or injunctive relief, or both, in addition to any damages that we may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including, without limitation, attorneys' fees.
No right or remedy of ours will be exclusive of any other, whether at law or in equity, including without limitation damages injunctive relief, attorneys' fees and expenses.
No instance of waiver by us of our rights or remedies under these terms and conditions will imply any obligation to grant any similar, future or other waiver.
APPLICABLE LAW
This Site is created and controlled by us in the State of Massachusetts, USA. As such, the laws of the State of Massachusetts will govern the construction, interpretation, validity and enforcement of this Agreement and all of the terms and conditions set out in this Agreement.
DISPUTES
Any dispute relating in any way to Your visit to the Site or to the products You purchase through the Site will be submitted to confidential arbitration in Boston, MA, except that to the extent You have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in the State of Massachusetts. You hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to venue and jurisdiction in the state and federal courts of Massachusetts. Arbitration under these Terms of Use will be conducted pursuant to the Commercial Arbitration Rules then prevailing at the American Arbitration Association. The arbitrator's award will be final and binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class action proceedings or otherwise. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of, related to or connected with the use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever banned.
SEVERABILITY
If any these provisions will be deemed invalid, void, or for any reason unenforceable, that condition will be deemed several and will not affect the validity and enforceability of any remaining provision.
OUR ADDRESS
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Site to:
Spicy Pepper Books ℅ Fenters Law Firm, 10664 Center Highway, Unit D, Irwin, PA 15642
Privacy Policy: As of August 2015
This Privacy Policy describes the use of personal information you may supply to this Site. The Policy may change from time to time without notification, so please visit this Policy whenever you use this Site. This Privacy Policy does not apply to the practices of third parties that we do not own or control, including but not limited to any third party websites, services and applications ("Third Party Services") that you elect to access through the Site or to individuals that we don't manage or employ. While we try to facilitate access only to those Third Party Services that share our respect for your privacy, we don't take responsibility for the content or privacy policies of those Third Party Services. We encourage you to carefully review the privacy policies of all Third Party Services you access.
This is how we will handle information we learn about you from your visit to our web site.
Information You Provide
We may ask you for your name, age, street address, city, state, zip code, e-mail address, comments, suggestions or other information. Also, your domain name will be automatically recognized when you visit our site. Note that we will never email you to ask for your password or other User Account information; if you receive such an email, forward it to us.
We will use this information only for our own internal purposes. However, when you make payments on this site You are doing so through third parties (such as credit card transaction companies like Visa and American Express and PayPal). These third parties may have privacy policies that differ from SPB's and it is your responsibility to review their respective policies. You acknowledge that SPB will not have any responsibility or liability in connection with such third party products, services or use of your information.
We may also use your information to send you emails containing updates, information, announcements about SPB and the competitions and other related information. You will be given an opportunity to "opt-out" of receiving such emails.
Information Related to Use of the Site
We collect information about how people use the Site, including those with a User Account. This information includes general usage information, and may include information such as the number and frequency of our visitors, which pages or features of the Services they have visited, which links on the Services they have clicked on, and the length of those visits. We may also use third party applications and services, such as Google Analytics, to collect and analyze this information. This information enables us and third parties authorized by us to figure out how often individuals use the Site so that we can analyze and improve them. Some of this information may be associated with the IP Address (as defined below) used to access the Site, and some may be associated with your Account, such as the topics you search for and the help pages that you visit. We may also use some of this information in aggregate form, that is, as a statistical measure related to all of our users that would not identify you personally. We use information about your use of the Site to improve and enhance your experience on the Site.
Information Obtained Through Third Parties
In some cases, when you connect your User Account with your accounts on Third Party Services (such as Payment provider services, Facebook, and other social media sites), we may obtain information about you from those Third Party Services. Such information could include, for example, your gender, if you have disclosed that information to that third party and made it available for others to access. To the extent we obtain such information, we may use the information about you that we receive from Third Party Services to improve and personalize the Site. As a general practice, we strongly urge you to make careful judgments about any personal information you disclose to Internet services, including SPB and linked Third Party Services, regardless of whether you choose to link your accounts together.
Information Related to Your Web Browser
We automatically receive and record information from your web browser when you interact with the Site, such as your browser type and version, what sort of device you are using, your operating system and version, your language preference, the website or service that referred you to the Services, the date and time of each web request you make, your screen display information, and information from any cookies we have placed on your web browser (as described below). We also sometimes detect whether you are using certain web browser extensions and store that information in a manner associated with your User Account. Web browser-related information is used to enhance your experience with the Site or Services (for example, by personalization) and to allow us to improve the Site or Services; it is not, however, used in a manner that would identify you personally.
Location Information
In some cases we collect and store information about where you are located, such as by converting your IP Address into a rough geolocation. We may use location information to improve and personalize the Site or Services for you.
Information Related to Your Mobile Device
We may collect and store information related to your mobile device, such as your phone number. You will have a choice as to whether we collect and store this information. We may use this information to improve the Site or Services, such as by allowing you to verify your account by text message.
Information Collected Using Cookies
Cookies are pieces of text that may be sent to and saved by your web browser when you access a website; your web browser stores these cookies in a way associated with each website you visit, and you can see your cookies through your browser settings. We use cookies to enable our servers to recognize your web browser and tell us how and when you use the Site. Our cookies do not, by themselves, contain information that personally identifies you, and we don't combine the general information collected through cookies with other such information to tell us who you are. However, we do use cookies to identify that you have logged in and that your web browser has accessed aspects of the Site, and we may associate that information with your Account if you have one. This information, in turn, is sometimes used to personalize your experiences on the Site. Most web browsers have an option for turning off the cookie feature, which will prevent your browser from accepting new cookies, as well as (depending on the sophistication of your web browser software) allowing you to decide on acceptance of each new cookie in a variety of ways. If you disable cookies, you won't be able to log into your User Account, and so will not be able to use the vast majority of our Site; as such, we don't recommend disabling your cookies when using the Site. Some third-party services that we use, such as Google Analytics, may also place their own cookies on your browser, and individual blogs on our network may contain code that places their own cookies. Note that this Privacy Policy covers our use of cookies only and does not cover the use of cookies by third parties.
Email Tracking
We may place information in our emails to you (such as a web beacon) that allows us to measure our email deliverability.
Use of the Information
Information You Give to Us
We never share information we receive from you unless: (a) we have your permission to share that information; (b) we have given you prior notice that the information will be shared, and with whom; or (c) that information is aggregate information or other information that does not identify you. Keep in mind that the Site is public and thus any information you provide to us through posted content will be public and we have no control over any uses any others may make of that information.
Information Shared with Third Parties
We may share or disclose non-private information, aggregate information, or other non-personal information with people and entities with which we do business.
Information Shared with Our Agents in Order to Operate and Improve the Site
In some cases, we share information that we store (such as IP Addresses) with third parties, such as our service providers, consultants and other agents ("Agents"), for the purposes of operating and improving the Site. For example, we may share information with service providers in order to fight spam, and third-party consultants may have access to information in the process of improving our processes and technology. Agents with whom we share such information for these reasons are generally bound by confidentiality obligations and, unless we tell you differently, our Agents do not have any right to use Personal Information or other information we share with them beyond the scope and duration of what is necessary to assist us. You hereby consent to our sharing of Personal Information with our Agents.
Information Disclosed for Our Protection and the Protection of Others
We reserve the right to access, preserve, and disclose any information as we reasonably believe is necessary, in our sole discretion, to (i) satisfy any law, regulation, legal process, governmental request, or governmental order, (ii) enforce this Privacy Policy and our Terms of Use, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues (including exchanging information with other companies and organizations for fraud protection and spam/malware prevention), (iv) respond to user support requests, or (v) protect the rights, property, health or safety of us, our users, any third parties or the public in general.
Information We Share at Your Request
If you ask us to release information that we have about your User Account, we will do so if reasonable and not unduly burdensome.
BY USING THIS SITE, YOU SIGNIFY YOUR CONSENT TO OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO OUR PRIVACY POLICY, PLEASE DO NOT USE THIS SITE. WE RESERVE THE RIGHT, AT OUR COMPLETE DISCRETION, TO CHANGE, MODIFY, ADD, OR REMOVE PORTIONS OF THIS POLICY AT ANY TIME. PLEASE CHECK BACK PERIODICALLY FOR ANY CHANGES WE MAY MAKE TO THE POLICY. YOUR CONTINUED USE OF THIS SITE FOLLOWING THE POSTING OF CHANGES TO THESE TERMS WILL MEAN YOU ACCEPT THOSE CHANGES.
Thank you for visiting our Site.