Effective as of January 1, 2019.
Updated July 3, 2021
OVERVIEW
This website is operated by Peach and Pine, LLC. Throughout the site, the terms
“we”, “us”, “our”, “PP”, and “P+P” refer to Peach and Pine, LLC. The term “site” refers
to https://www.peachandpinehome.com or https://www.peachandpineinteriors.com.
The term “user”, “you”, and “your” refers to site visitors, clients, customers, and any
other users of the site. Peach and Pine, LLC offers this website, including all
information, tools, and services available from this site to you, the user, conditioned
upon your acceptance of all terms, conditions, policies, and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service”
and agree to be bound by the following terms and conditions (“Terms of Service”,
“Terms”), including those additional terms and conditions and policies referenced
herein and/or available by hyperlink. These Terms of Service apply to all users of the
site, including without limitation users who are browsers, vendors, customers,
merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website.
By accessing or using any part of the site, you agree to be bound by these Terms of
Service. If you do not agree to all the terms and conditions of this agreement, then
you may not access the website or use any services. If these Terms of Service are
considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to
the Terms of Service. You can review the most current version of the Terms of Service
at any time on this page. We reserve the right to update, change or replace any part
of these Terms of Service by posting updates and/or changes to our website. It is your
responsibility to check this page periodically for changes. Your continued use of or
access to the website following the posting of any changes constitutes acceptance of
those changes.
Our store is hosted on Squarespace. They provide us with the online e-commerce
platform that allows us to sell our products and services to you.
SECTION 1 – ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of
majority in your state or province of residence, or that you are the age of majority in
your state or province of residence and you have given us your consent to allow any
of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in
the use of the Service, violate any laws in your jurisdiction (including but not limited to
copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of
your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
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.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the
Service, use of the Service, or access to the Service or any contact on the website
through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not
limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS
OF INFORMATION
We are not responsible if information made available on this site is not accurate,
complete or current. The material on this site is provided for general information only
and should not be relied upon or used as the sole basis for making decisions without
consulting primary, more accurate, more complete or more timely sources of
information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily,
is not current and is provided for your reference only. We reserve the right to modify
the contents of this site at any time, but we have no obligation to update any
information on our site. You agree that it is your responsibility to monitor changes to
our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
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.
SECTION 5 – PRODUCTS OR SERVICES
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. All descriptions of products or product pricing are subject to
change at anytime without notice, at the sole discretion of us. We reserve the right to
discontinue any product at any time. 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.
SECTION 6 – 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.
For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over 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 shall 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 Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include
materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not
affiliated with us. We are not responsible for examining or evaluating the content or
accuracy and we do not warrant and will not have any liability or responsibility for any
third-party materials or websites, or for any other materials, products, or services of
third-parties.
We are not liable for any harm or damages related to the purchase or use of goods,
services, resources, content, or any other transactions made in connection with any
third-party websites. We encourage all users to carefully examine all third-party’s
policies and practices and make sure you understand them before you engage in any
transaction. Complaints, claims, concerns, or questions regarding third-party products
should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER
SUBMISSIONS (collectively, “Communication Service(s)”)
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 of Service.
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.
We reserve the right at all times to disclose any information as necessary to satisfy
any applicable law, regulation, legal process or governmental request, or to edit,
refuse to post or to remove any information or materials, in whole or in part, in our
sole discretion
Always use caution when giving out any personally identifying information about
yourself or your children in any Communication Service. We do not control or endorse
the content, messages, or information found in any Communication Service and,
therefore, we specifically disclaim any liability with regard to the Communication
Services and any actions resulting from your participation in any Communication
Service.
We do not claim ownership of the materials you provide to the website (including
feedback and suggestions) or post, upload, input, or submit to any of our site’s or
associated services (collectively “Submissions”). However, by posting, uploading,
inputting, providing, or submitting your Submission you are granting us, our affiliated
companies and necessary sublicensees permission to use your Submission in
connection with the operation of their Internet business including, without limitation,
the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce,
edit, translate, and reformat your Submission; and to publish your name in connection
with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided
herein. We are under no obligation to post or use any Submission you may provide
and may remove any Submission at any time in our sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant
and represent that you own or otherwise control all of the rights to your Submission
as described in the section including, without limitation, all the rights necessary for
you to provide, post, upload, input, or submit the Submissions.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy
Policy. View our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains
typographical errors, inaccuracies or omissions that may relate to product
descriptions, pricing, promotions, offers, product shipping charges, transit times and
availability. We reserve the right to correct any errors, inaccuracies or omissions, and
to change or update information or cancel orders if any information in the Service or
on any related website is inaccurate at any time without prior notice (including after
you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or
on any related website, including without limitation, pricing information, except as
required by law. No specified update or refresh date applied in the Service or on any
related website, should be taken to indicate that all information in the Service or on
any related website has been modified or updated.
SECTION 13 – NO UNLAWFUL OR PROHIBITED USE /
INTELLECTUAL PROPERTY
You are granted a non-exclusive, non-transferrable, revocable license to access and
use the Site strictly in accordance with these terms of use. As a condition of your use
of the Site, you warrant to us that you will not use the Site for any purpose that is
unlawful or prohibited by these Terms. You may not use the Site in any manner which
could damage, disable, overburden, or impair the Site or interfere with any other
party’s use and enjoyment of the Site. You may not obtain any materials or
information through any means not intentionally made available or provided for
through the Site.
All content included as part of the Site, including but not limited to, text graphics,
logos, images, as well as the compilation thereof, and any software used on the Site,
is our property or property of our suppliers and protected by copyright and other laws
that protect intellectual property and proprietary rights. You agree to observe and
abide by all copyright and other proprietary notices, legends, or other restrictions
contained in any such content and will not make any changes thereto. All content
available on the Site is (c) 2019 Peach and Pine, LLC. and/or third parties protected
by intellectual property rights.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or
sale, create derivative works, or in any way exploit any of the content, in whole or in
part, found on the Site. Our content is not for resale. Your use of the Site does not
entitle you to make any unauthorized use of any protected content, and in particular
you will not delete or alter any proprietary rights or attribution notices in any content.
You will use protected content solely for your personal use, and will make no other
use of the content without our express written permission and/or the copyright owner.
You agree that you do not acquire any ownership rights in any protected content. We
do not grant you any licenses, express or implied, to our intellectual property or our
licensors except as expressly authorized by these Terms.
SECTION 13 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited
from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to
perform or participate in any unlawful acts; (c) to violate any international, federal,
provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or
violate our intellectual property rights or the intellectual property rights of others; (e) to
harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate
based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or
disability; (f) to submit false or misleading information; (g) to upload or transmit
viruses or any other type of malicious code that will or may be used in any way that
will affect the functionality or operation of the Service or of any related website, other
websites, or the Internet; (h) to collect or track the personal information of others; (i)
to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or
immoral purpose; or (k) to interfere with or circumvent the security features of the
Service or any related website, other websites, or the Internet. We reserve the right to
terminate your use of the Service or any related website for violating any of the
prohibited uses.
SECTION 14 – DISCLAIMER OF WARRANTIES; LIMITATION OF
LIABILITY
We do not guarantee, represent or warrant that your use of our service will be
uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service
will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of
time or cancel the service at any time, without notice to you.
You agree that under no circumstances shall we be liable for direct, indirect,
incidental, consequential, special, punitive, exemplary, or any other damages arising
out of your use of the Site or Service. Additionally, we cannot be held liable or
responsible for any errors in content.
You expressly agree that your use of, or inability to use, the service is at your sole
risk. The service and all products and services delivered to you through the service
are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use,
without any representation, warranties or conditions of any kind, either express or
implied, including all implied warranties or conditions of merchantability, merchantable
quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Peach and Pine, LLC, our directors, officers, employees, affiliates,
agents, contractors, interns, suppliers, service providers or licensors be liable for any
injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential
damages of any kind, including, without limitation lost profits, lost revenue, lost
savings, loss of data, replacement costs, or any similar damages, whether based in
contract, tort (including negligence), strict liability or otherwise, arising from your use
of any of the service or any products procured using the service, or for any other
claim related in any way to your use of the service or any product, including, but not
limited to, any errors or omissions in any content, or any loss or damage of any kind
incurred as a result of the use of the service or any content (or product) posted,
transmitted, or otherwise made available via the service, even if advised of their
possibility. Because some states or jurisdictions do not allow the exclusion or the
limitation of liability for consequential or incidental damages, in such states or
jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If you are dissatisfied with any portion of the site, or with any of these Terms, your
sole and exclusive remedy us to discontinue using the site.
SECTION 15 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Peach and Pine, LLC and our
parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors,
licensors, service providers, subcontractors, suppliers, interns and employees,
harmless from any claim, demand, loss, costs, liabilities, and expenses (including
reasonable attorneys’ fees) relating to or arising out of your use of or inability to use
the Site or services, any user postings made by you, your violation of any terms of
this agreement or your violation of any rights of a third party, to your violation of any
applicable laws, rules or regulations.
SECTION 16 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful,
void or unenforceable, such provision shall nonetheless be enforceable to the fullest
extent permitted by applicable law, and the unenforceable portion shall be deemed to
be severed from these Terms of Service, such determination shall not affect the
validity and enforceability of any other remaining provisions.
SECTION 17 – TERMINATION / ACCESS RESTRICTION
The obligations and liabilities of the parties incurred prior to the termination date shall
survive the termination of this agreement for all purposes.
These Terms of Service 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 site.
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 Service, we also may terminate this agreement 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). We reserve the right, in our sole discretion, to
terminate your access to the Site and the related services or in any portion thereof at
any time, without notice. To the maximum extent permitted by law, this agreement is
governed by the laws of the State of Tennessee and you hereby consent to the
exclusive jurisdiction and venue of courts in Tennessee in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these Terms, including, without limitation, this
section.
You agree that no joint venture, partnership, employment, or agency relationship
exists between you and us as a result of this agreement or use fo the Site. Our
performance of this agreement is subject to existing laws and legal process, and
nothing contained in this agreement is in derogation of our right to comply with
governmental, court and law enforcement requests or requirements relating to your
use of the site or information provided to or gathered by us with respect to use. If any
part of this agreement is determined to be invalid of unenforceable pursuant to
applicable law including, but not limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or unenforceable provision will be deemed
superseded by a valid, enforceable provision that most closely matches the intent of
the original provision and the remainder of the agreement shall continue in effect.
SECTION 18 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of
Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site
or in respect to The Service constitutes the entire agreement and understanding
between you and us and govern your use of the Service, superseding any prior or
contemporaneous agreements, communications and proposals, whether oral or
written, between you and us (including, but not limited to, any prior versions of the
Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed
against the drafting party.
A printed version of this agreement and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to this
agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the
express with to the parties that this agreement and all related documents be written in
English.
SECTION 19 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you
Services shall be governed by and construed in accordance with the laws of the
United States of America and/or the State of Tennessee.
SECTION 20 – INTERNATIONAL USERS
The Site is controlled, operated, and administered from our offices within the USA. If
you access the Site from a location outside the USA you are responsible for
compliance with all local laws. You agree that you will not use our content, products,
or services accessed through the Site in any country or in any manner prohibited by
any applicable laws, restrictions, or regulations.
SECTION 21 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this
page.
We reserve the right, at our sole discretion, to update, change or replace any part of
these Terms of Service by posting updates and changes to our website. It is your
responsibility to check our website periodically for changes. Your continued use of or
access to our website or the Service following the posting of any changes to these
Terms of Service constitutes acceptance of those changes. We encourage you to
periodically review the Terms to stay informed of our updates.
SECTION 22 – CONTACT US
Peach and Pine, LLC welcomes your questions or comments regarding these Terms.
Notice of copyright infringement or other legal matters may be directed here also.
Peach and Pine, LLC
team@peachandpinehome.com