These Terms and Conditions of Use ("Terms of Use") apply to the Peppermint Bar web site located at www.thepeppermintbar.com, and all associated sites or mobile applications linked to www.thepeppermintbar.com by The Peppermint Bar (collectively, the "Site/Application"). The Site/Application is the property of The Peppermint Bar, LLC. BY USING THE SITE/APPLICATION, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
Certain features or services offered on or through the Site may require you to open an account (including setting up an ID and password). You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify The Peppermint Bar immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by The Peppermint Bar or any other user of or visitor to the Site due to someone else using your ID, password or account.
You may not use anyone else's ID, password or account at any time without the express permission and consent of the holder of that ID, password or account. The Peppermint Bar cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.
IN NO EVENT SHALL THE PEPPERMINT BAR, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, THE "PEPPERMINT BAR ENTITIES" AND EACH, A "PEPPERMINT BAR ENTITY") BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS, USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO THIS AGREEMENT OR THE SERVICES, REGARDLESS OF THE CAUSE OF ACTION AND EVEN IF ONE OR MORE OF THE The Peppermint Bar ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES ARISING FROM OR IN ANY WAY RELATED TO DELAYS, ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY, INCORRECT DELIVERY, VIRUSES OR DEFECTS IN THE TRANSMISSION OF ANY INFORMATION, MATERIAL OR DATA OVER OR THROUGH THE PEPPERMINT BAR'S SYSTEMS OR NETWORKS OR THE SYSTEMS OR NETWORKS OF THIRD PARTIES.
THE PEPPERMINT BAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. The Peppermint Bar CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. THE PEPPERMINT BAR DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE PEPPERMINT BAR 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 PEPPERMINT BAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST THE PEPPERMINT BAR 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 Peppermint Bar 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.
Except where prohibited by law, in no event will the Peppermint Bar be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if The Peppermint Bar has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, The Peppermint Bar 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 Site or any Content, The Peppermint Bar's liability shall in no event exceed the greater of (1) the total of any subscription or similar fees 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 Peppermint Bar or (2) US$50.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Violation of These Terms of Use
The Peppermint Bar may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) The Peppermint Bar’s rights or property, or the rights or property of visitors to or users of the Site, including The Peppermint Bar’s clients. The Peppermint Bar reserves the right at all times to disclose any information that The Peppermint Bar deems necessary to comply with any applicable law, regulation, legal process or governmental request. The Peppermint Bar also may disclose your information when The Peppermint Bar determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that The Peppermint Bar may preserve any transmittal or communication by you with The Peppermint Bar through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or The Peppermint Bar determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of The Peppermint Bar, its employees, users of or visitors to the Site, and the public.
You agree that The Peppermint Bar may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to The Peppermint Bar, for which monetary damages would be inadequate, and you consent to The Peppermint Bar obtaining any injunctive or equitable relief that The Peppermint Bar deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies The Peppermint Bar may have at law or in equity.
You agree that The Peppermint Bar may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If The Peppermint Bar does take any legal action against you as a result of your violation of these Terms of Use, The Peppermint Bar will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to The Peppermint Bar. You agree that The Peppermint Bar will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of New York without regard to its conflicts of laws provisions.