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Terms of
Service
THIS IS IMPORTANT -- PLEASE
READ
THIS WEBSITE REQUIRES CONSIDERATION FOR
AND AS A CONDITION OF ALLOWING YOU ACCESS.
READING AND ACCEPTING THE TERMS OF USE AND
READING AND ACCEPTING THE PROVISIONS OF THE PRIVACY
POLICY OF THIS WEBSITE ARE REQUIRED CONSIDERATIONS FOR
THE WEBSITE GRANTING YOU THE RIGHT TO VISIT, READ OR
INTERACT WITH IT.
ALL PERSONS ARE DENIED ACCESS TO THIS SITE
UNLESS THEY READ AND ACCEPT THE TERMS OF USE AND THE
PRIVACY POLICY.
BY VIEWING, VISITING, USING, OR
INTERACTING WITH THIS WEBSITE OR WITH ANY BANNER, POP-UP,
OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE
PRIVACY POLICY OF THIS WEBSITE.
ALL PERSONS UNDER THE AGE OF 18 ARE DENIED
ACCESS TO THIS WEBSITE. IF YOU ARE UNDER 18 YEARS
OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY
MANNER. THIS WEBSITE SPECIFICALLY DENIES ACCESS TO
ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE
PRIVACY ACT (COPA) OF 1998.
THIS WEBSITE RESERVES THE RIGHT TO DENY
ACCESS TO ANY PERSON OR VIEWER FOR ANY REASON.
UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU ACCEPT
AS A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO
COLLECT AND STORE DATA AND INFORMATION FOR THE PURPOSE OF
EXCLUSION AND FOR MANY OTHER USES.
THE TERMS OF USE AGREEMENT MAY CHANGE FROM
TIME TO TIME. VISITORS HAVE AN AFFIRMATIVE DUTY, AS
PART OF THE CONSIDERATION FOR PERMISSION TO VIEW THIS
WEBSITE, TO KEEP THEMSELVES INFORMED OF
CHANGES.
PARTIES TO THE TERMS OF USE
AGREEMENT Visitors, viewers, users, subscribers,
members, affiliates, or customers, collectively referred
to herein as "Visitors," are parties to this
agreement. The website and its owners and/or
operators are parties to this agreement, herein referred
to as "Website."
USE OF INFORMATION FROM THIS
WEBSITE
Unless you have entered into an express
written contract with this website to the contrary,
visitors, viewers, subscribers, members, affiliates, or
customers have no right to use this information in a
commercial or public setting; they have no right to
broadcast it, copy it, save it, print it, sell it, or
publish any portions of the content of this
website. By viewing the contents of this website
you agree this condition of viewing and you acknowledge
that any unauthorized use is unlawful and may subject you
to civil or criminal penalties. Again, Visitor has
no rights whatsoever to use the content of, or portions
thereof, including its databases, invisible pages, linked
pages, underlying code, or other intellectual property
the site may contain, for any reason for any use
whatsoever. Nothing. Visitor agrees to
liquidated damages in the amount of U.S.$100,000 in
addition to costs and actual damages for breach of this
provision. Visitor warrants that he or she
understands that accepting this provision is a condition
of viewing and that viewing constitutes
acceptance.
OWNERSHIP OF WEBSITE OR RIGHT TO
USE, SELL, PUBLISH CONTENTS OF THIS
WEBSITE The website and its contents are owned or
licensed by the website. Material contained on the
website must be presumed to be proprietary and
copyrighted. Visitors have no rights whatsoever in
the site content. Use of website content for any
reason is unlawful unless it is done with express
contract or permission of the website.
HYPERLINKING TO SITE, CO-BRANDING,
"FRAMING" AND REFERENCING SITE
PROHIBITED Unless expressly authorized by website, no
one may hyperlink this site, or portions thereof,
(including, but not limited to, logotypes, trademarks,
branding or copyrighted material) to theirs for any
reason. Further, you are not allowed to reference
the url (website address) of this website in any
commercial or non-commercial media without express
permission, nor are you allowed to 'frame' the site.
You specifically agree to cooperate with the
Website to remove or de-activate any such activities and
be liable for all damages. You hereby agree to
liquidated damages of US$100,000.00 plus costs and actual
damages for violating this provision.
DISCLAIMER FOR CONTENTS OF
SITE The website disclaims any responsibility
for the accuracy of the content of this website. Visitors
assume the all risk of viewing, reading, using, or
relying upon this information. Unless you have
otherwise formed an express contract to the contrary with
the website, you have no right to rely on any information
contained herein as accurate. The website makes no
such warranty.
DISCLAIMER FOR HARM CAUSED TO YOUR
COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS WEBSITE
OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES,
WORMS, OR OTHER CORRUPTING
FACTORS. The website assumes no responsibility for
damage to computers or software of the visitor or any
person the visitor subsequently communicates with from
corrupting code or data that is inadvertently passed to
the visitor's computer. Again, visitor views and
interacts with this site, or banners or pop-ups or
advertising displayed thereon, at his own
risk.
DISCLAIMER FOR HARM CAUSED BY
DOWNLOADS Visitor downloads information from this
site at this own risk. Website makes no warranty
that downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms.
LIMITATION OF
LIABILITY By viewing, using, or interacting in any
manner with this site, including banners, advertising, or
pop-ups, downloads, and as a condition of the website to
allow his lawful viewing, Visitor forever waives all
right to claims of damage of any and all description
based on any causal factor resulting in any possible
harm, no matter how heinous or extensive, whether
physical or emotional, foreseeable or unforeseeable,
whether personal or business in nature.
GUARANTEE AND
WARRANTY This product is sold 'as is' without
warranty or guarantee of any kind, either express or
implied, including no warranty as to merchantability or
fitness for a particular purpose. The Seller
warrants and guarantees absolutely nothing. There
is no 'warranty period'.
However, in the event that the Buyer
claims that the product is defective within 30 days,
seller will refund the full purchase price (minus
shipping & handling) upon receipt of said
product, no questions asked.
If the Buyer is purchasing a membership in
this site, he/she may or may not have a free trial
period. If the Buyer does not cancel before
the free trial ends, the Buyer will be charged a monthly
subscription rate as quoted in the membership's
publicity materials. The Buyer may cancel his
membership at any time by contacting Bill Kamman with the
order number and order date. The cancellation will
be effective at the end of the current billing
cycle. No refunds will be given. Once
cancelled, the Buyer can enjoy the remainder of the membership
service up until the last day of the current billing
cycle.
If the Buyer is purchasing, through this
site, a product, including membership, that is to be
provided by a third party, the Buyer must look to the
third party for additional warranties or guarantees, and
understands that the warranties available through this
site, if any are offered or construed, are extremely
limited, restrictive, and short.
INDEMNIFICATION Visitor agrees that in the event he causes
damage, which the Website is required to pay for, the
Visitor, as a condition of viewing, promises to reimburse
the Website for all.
SUBMISSIONS Visitor agrees as a condition of viewing,
that any communication between Visitor and Website is
deemed a submission. All submissions, including
portions thereof, graphics contained thereon, or any of
the content of the submission, shall become the exclusive
property of the Website and may be used, without further
permission, for commercial use without additional
consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it
wishes to forever allow the Website to use in any manner
as it sees fit. "Submissions" is also a provision
of the Privacy Policy.
NOTICE No additional notice of any kind for any
reason is due Visitor and Visitor expressly warrants an
understanding that the right to notice is waived as a
condition for permission to view or interact with the
website.
DISPUTES As part of the consideration that the
Website requires for viewing, using or interacting with
this website, Visitor agrees to use binding arbitration
for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out
of or relating to this purchase, this product, including
solicitation issues, privacy issues, and terms of use
issues.
Arbitration shall be conducted pursuant to
the rules of the American Arbitration Association which
are in effect on the date a dispute is submitted to the
International Centre for Dispute Resolution (ICDR).
Information about the International Centre for Dispute
Resolution (ICDR). Hearing will take place in the
city or county of the Seller.
In no case shall the viewer, visitor,
member, subscriber or customer have the right to go to
court or have a jury trial. Viewer, visitor,
member, subscriber or customer will not have the right to
engage in pre-trial discovery except as provided in the
rules; you will not have the right to participate as a
representative or member of any class of claimants
pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with
limited rights of appeal.
The prevailing party shall be reimbursed
by the other party for any and all costs associated with
the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel
expenses.
JURISDICTION AND
VENUE If any matter concerning this purchase
shall be brought before a court of law, pre- or
post-arbitration, Viewer, visitor, member, subscriber or
customer agrees to that the sole and proper jurisdiction
to be the state and city declared in the contact
information of the web owner unless otherwise here
specified. Louisville, Kentucky, USA. In the event
that litigation is in a federal court, the proper court
shall be the closest federal court to the Seller's
address.
APPLICABLE
LAW Viewer, visitor, member, subscriber or
customer agrees that the applicable law to be applied
shall, in all cases, be that of the state of the Seller.
CONTACT
INFORMATION
If there are any questions
regarding these policies you may contact Bill Kamman
using the information below.
Pops' Pepper
Patch 425 E.
Burnett St.
Louisvllle, KY 40055
(502) 523-6154
Last
Updated: 06.22.09
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