Digital Product License Terms

TERMS OF PURCHASE & LICENSE AGREEMENT

THE FOLLOWING TERMS AND CONDITIONS GOVERN YOUR PURCHASE AND USE OF THE PRODUCT DESCRIBED HEREIN SOLD ON WWW.PEPPYUP.COM (“WEBSITE”). THE OWNERS/OPERATORS OF THIS WEBSITE ARE REFERRED TO HEREINAFTER AS “US” OR “WE”.

YOUR USE OF THE PRODUCT IS SUBJECT TO YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS OF THIS AGREEMENT AND THE WEBSITE TERMS OF USE AND OUR PRIVACY POLICY. YOU AGREE THAT BY ACCEPTING THE TERMS OF THIS AGREEMENT, YOU ALSO AGREE TO THE WEBSITE TERMS OF USE AND THE TERMS CONTAINED IN OUR PRIVACY POLICY. IN THE EVENT OF ANY INCONSISTENCY BETWEEN THIS AGREEMENT AND THE WEBSITE TERMS OF USE, THE TERMS OF THIS AGREEMENT SHALL SUPERCEDE AND CONTROL.

MINORS RESTRICTED

NO ONE UNDER THE AGE OF 18 IS PERMITTED TO ENTER INTO THIS AGREEMENT. You represent and warrant to us that you are of sufficient legal age in your jurisdiction to enter into a legally binding agreement with us and otherwise be bound to the terms and conditions contained herein.

Product

You agree to purchase and we will provide the Peppy Up nutritional e-book (hereinafter referred to as “Product”).

Non-Exclusive Limited License

You are purchasing and are hereby granted a revocable, non-exclusive and non-transferable license and right to use the Product and all Product materials for your personal or internal business use. You are not authorized to: (i) resell or sublicense the Product or any separate Product materials; (ii) copy or reproduce (or allow any third-parties to copy or reproduce), distribute, transmit, or publish the Product or any separate Product materials to the public or any third parties in any form, format, or method including electronic, mechanical, photocopying, recording or electronic information storage and retrieval or any other means, either in its original state or in any subsequently modified state, except for any content included with the Product which is specifically designated for display or publication on your website, as set forth above; (iii) modify the Product or any Product materials, create derivative works from or reverse engineer, reverse assemble, disassemble or decompile the Product or otherwise attempt to use unauthorized versions of the Product for purposes including (without limitation) building a product or service similar to or competitive with the Product; or (iv) otherwise use the Product or any Product materials as part of a product or service for any commercial use or purpose whatsoever or in any way exploit the Product or any Product materials, in whole or in part, except as otherwise expressly permitted in this Agreement and any other agreement applicable to your use of the Product. Notwithstanding any restrictions contained in this license, you have the right to print any Product materials directly for your own personal use. The Product and any applicable Product materials are being licensed, not sold, to You under the terms and conditions of this Agreement. Except as expressly stated herein, this grant of license does not convey any other rights in and to the Product or any Product materials, express or implied, or ownership of any of the Product materials or any intellectual property rights thereto. All rights not expressly granted herein are reserved by us. You may not use the Product or any Product materials in any manner that infringes on the copyrights or proprietary interests of any third party or that is in violation of any law. You may not remove or obscure our copyright notice or any other notices contained in any Product materials.

Term of License and Product Access

Your rights to use the Product or any separate Product materials for your personal or internal business use are perpetual.

Upon your completed purchase of the Product, You will be taken to a separate page where You will be able to download the Product materials. You must follow the instructions provided to You on that page and click on the designated text link(s) in order to download the Product. Once You have downloaded the Product, You will not be able to re-access the page containing the download link(s). If there is any interruption or failure to download the Product materials, please contact us by clicking here.

Intellectual Property Notice

All logos or any other trademarks, trade names or service marks, whether marked or unmarked, and/or any software, photographs, illustrations, audio files, video files, animations, flash files, data files, code snippets, tags and metatags and other material part of the Product (collectively “Content”) is protected by copyright, trademark or other proprietary rights by us or our affiliates. No Content may be used without our prior written consent. We retain all right, ownership, title and interest in all Content, whether or not we have registered for or have been granted any such protections under State and/or Federal law.

Purchase Price and Payment Terms

You authorize us to charge your credit or debit card, PayPal account, bank account, etc. You have provided during the check-out process in the amount of $12.95 according to the terms of this Agreement. All pricing is in United States currency (USD) unless otherwise stated. We are not responsible for pricing, typographical, or other errors in any offer or purchase price stated on this Website or in this Agreement and we reserve the right to cancel any orders arising from such errors. We also reserve the right to cancel any sale made to You if we determine that there were inaccuracies in any Product description or information contained on this Website regarding the Product.

The purchase price shall be paid in full immediately upon your completion of the check-out process and acceptance of this Agreement.

Refunds

All sales are final and no cancellations shall be permitted or any refunds made by us under any circumstances, unless otherwise stated in this Agreement.

Medical/Health Information Disclaimer

All medical and health related information and materials contained in the Product are not intended to be a substitute for professional medical advice and are being provided for general information purposes only. We make no representation and we assume no responsibility for the accuracy of any information contained in or available through the Product and such information is subject to change without notice. Additionally, we do not promote, endorse, recommend or otherwise provide any opinions or make any representations concerning the effectiveness of any treatment, course of action, test, health provider or product or service referenced in the Product. You are encouraged to confirm any information obtained from or through this Website with other resources, including your physician. UNDER NO CIRCUMSTANCES SHOULD YOU USE ANY OF THE INFORMATION CONTAINED IN THE PRODUCT TO DETERMINE WHETHER OR NOT YOU SHOULD DELAY SEEKING ANY MEDICAL TREATMENT, OR PROFESSIONAL MEDICAL ADVICE OR AS A SUBSTITUTE FOR PROFESSIONAL MEDICAL ADVISE. WE SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES TO YOU FOR ANY TYPE OF DAMAGES YOU MAY INCUR, OF WHATEVER KIND OR NATURE, FROM ANY INFORMATION OR MATERIALS CONTAINED IN THIS PRODUCT OR FROM ANY ADVICE, TREATMENT, DIAGNOSIS OR FROM ANY SERVICES OR PRODUCTS THAT YOU OBTAIN THROUGH ANY INFORMATION CONTAINED IN THE PRODUCT.

WARRANTY DISCLAIMER

THE PRODUCT IS MADE AVAILABLE AND SOLD ON A “AS IS” AND “AS AVAILABLE” BASIS, “WITH ALL FAULTS” AND IS BEING PROVIDED WITHOUT ANY WARRANTIES, GUARANTEES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR USE OR PURPOSE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE MAKE NO WARRANTY REGARDING THE QUALITY, USEFULNESS, RELIABILITY OF OR PERFORMANCE OF THE PRODUCT OR THAT THE PRODUCT WILL MEET YOUR EXPECTATIONS OF USE. YOU AGREE TO ASSUME THE SOLE RISK ASSOCIATED WITH YOUR USE OF THIS PRODUCT. WE DO NOT WARRANT THAT THE PRODUCT IS APPROPRIATE OR LEGAL IN YOUR JURISDICTION.

Every effort has been made to ensure the completeness and the accuracy of the information contained in the Product materials. However, we make no guarantees, warranties or representations of any kind as to the accuracy of the information contained in the Product materials or regarding the quality of such information, its usefulness or reliability and we do not assume any responsibility for any errors, omissions or any inconsistencies. In addition, events or changes occurring after the Product materials were created may render some of the information contained therein as obsolete, incomplete or inaccurate. You assume the sole risk with regard to the accuracy and reliability of any information contained in the Product materials. Any references made in any Product materials to any established trade names, trademarks, service marks, product names or any other third party intellectual property is strictly used for reference and identification purposes only. No ownership, affiliation or sponsorship exists between us and the owner of any referenced trademark, trade name, service mark, good, service or business that is referenced in any Product materials.

LIMITATION OF LIABILITY

YOU AGREE THAT NEITHER US, OUR OFFICERS, DIRECTORS, MANAGERS, SHAREHOLDERS, MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ATTORNEYS, SUCCESSORS AND/OR ASSIGNS (AS APPLICABLE), SHALL BE LIABLE FOR ANY SPECIAL, CONSEQUENTIAL, INCIDENTIAL OR ANY OTHER INDIRECT DAMAGES ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR PURCHASE ANDUSE OF THE PRODUCT INCLUDING, BUT NOT LIMITED TO, ANY LOST PROIFTS OR REVENUES, LOST DATA OR LOST GOODWILL OR ANY OTHER DAMAGES. YOU AGREE THAT THE COMPANY’S LIABILITY SHALL IN ALL CASES BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCT IN QUESTION PAID BY YOU. WE SHALL NOT BE LIABLE TO YOU AS STATED HEREIN REGARDLESS OF THE CASUE OF ANY SUCH DAMAGE OR THE NATURE OF ANY CLAIM, WHETHER FOR BREACH OF CONTRACT, BY STATUTE, FOR ANY TORTIOUS CONDUCT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE AND STRICT LIABILITY) OR BY ANY OTHER LEGAL THEORY, WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE SAME. ACCORDINGLY, YOU AGREE TO WAIVE YOUR RIGHTS UNDER ANY LAWS THAT OTHERWISE MIGHT LIMIT YOUR WAIVER OF SUCH CLAIMS, INCLUDING CALIFORNIA CIVIL CODE SECTION 1542 IF YOU ARE A RESIDENT OF THE STATE OF CALIFORNIA, OR ANY OTHER APPLICABLE STATE LAWS.

Exceptions to Disclaimers And Limitations

Some jurisdictions do not allow the waiver of certain warranties or the limitation of liability for certain damages. Accordingly, some of the above warranty disclaimers and limitations of liability may not apply to you. To the extent that we may not disclaim any implied warranty or limit its damages, the scope and duration of any required warranties under law and the extent of our liability shall be as limited as allowed under any applicable laws.

Compliance with Laws

You are solely responsible for compliance with any laws applicable to your purchase of any the products or services made available through this Website. You agree to comply with all applicable laws and regulations of the United States and the various states. Access and use of this Website from any jurisdictions where the products or services being provided are illegal is strictly prohibited and we shall have no liability to You whatsoever in such case. By purchasing any product from us, You represent that the products ordered will be used only in a lawful manner.

Privacy Policy Consent

By entering into this Agreement, you agree to our collection, use, and disclosure of your personal information in accordance with the Privacy and Communications Policy contained on this Website. We may use and share your personal identifying information, such as your email, with any third parties as set forth in our Privacy Policy. You acknowledge that you have accessed and have read the Privacy Policy, which is hereby incorporated into this Agreement by reference.

Miscellaneous:

A. Entire Agreement. You agree that this Agreement constitutes the complete and exclusive agreement regarding your purchase of the Product, except any terms contained in the Website Terms of Use and our Privacy And Communications Policy, and supersedes any prior communications, representations or agreements of the parties, weather written or oral.

B. Authority. If You are accepting these terms on behalf of another person or other legal entity, You represent and warrant that You have full authority to bind that person or legal entity to these terms and otherwise have authority to enter into this Agreement on behalf of such other person or legal entity.

C. Severability. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction, in whole or in part, to be invalid, illegal, or unenforceable in any respect, for any reason, the validity, legality and enforceability of the remainder of that provision, any other remaining provisions, and of the entire Agreement shall not in any way be affected or impaired thereby, and shall be interpreted, to the extent possible, to achieve the purposes as originally expressed with the provision found to be invalid, illegal or unenforceable. Each provision hereof is intended to be severable, and the validity, legality, or enforceability of any provision of this Agreement shall not affect the validity, legality, or enforceability of the remainder of the Agreement.

D. Remedies/Attorney’s Fees. In the event of a violation of this Agreement by You, we shall have each and every remedy available at law or equity in order to address such breach by You. In the event any party to this Agreement brings an action to enforce any provisions of this Agreement, whether such action is at law, in equity, or otherwise, and such party prevails in such action, that party shall be entitled, in addition to any other rights or remedies available to it, to collect from the non-prevailing party or parties the reasonable costs and expenses incurred in the investigation preceding such action and the bringing of such action, including but not limited to reasonable attorney’s fees and court costs. The selection of one remedy shall not preclude the subsequent selection of any other remedy by us as all remedies shall be non-cumulative.

E.Venue And Choice of Law. Any and all claims, demands, controversies or legal proceedings arising out of or related to this Agreement and/or your use of this Website may only be brought exclusively in a state or federal court situated in Winnebago County, State of Illinois, and You hereby expressly give your consent to the personal jurisdiction of such court and consent to extra-territorial service of process. Further, You waive any right to challenge the selection and choice of jurisdiction and You acknowledge that the right of selection of jurisdiction being waived by You is a valid part of the consideration under this Agreement. This Agreement shall be construed and enforced in accordance with the laws of the State of Illinois, without regard to conflict of laws principles and without regard to any applicable International laws, treaties or regulations.

F. Waiver. The waiver by us of a breach of any provision of this Agreement by You shall not operate or be construed as a waiver of any other or subsequent breach by You.

G. Prior Dealings. No course of prior dealings between the parties and no usage of trade will be relevant to determine the meaning of or interpretation of any provision contained in this Agreement.

H. Assignment. You may not assign, delegate or otherwise transfer all or any part of your rights or obligations under this Agreement without prior written consent by us. Any such attempted assignment, delegation, or transfer will be null and void.

I. Survival. Any provisions in these terms which by their nature extend beyond the termination or expiration of any license of the Product will remain in effect until fulfilled and will apply to both parties’ respective successors and permitted assigns.

J. No Joint Venture or Partnership. Nothing in this Agreement will be construed as creating a joint venture, partnership, agency or employment relationship between the parties, nor will either party have the right, power or authority to create any obligation or duty, express or implied, on behalf of the other.

K. Force Majeure. We shall not be liable for any delay or failure in our performance under this Agreement due to Force Majeure, which shall mean acts of God, earthquake, labor disputes, changes in law, regulation or government policy, riots, war, fire, flood, insurrection, sabotage, embargo, epidemics, acts or omissions of vendors or suppliers, transportation difficulties, unavailability of interruption or delay in telecommunications or third party services (including DNS propagation), failure of third party software or hardware or inability to obtain raw materials, supplies, or power used in or equipment needed to host this Website or otherwise fulfill our obligations to You under this Agreement.

YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT AND ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT IN ITS ENTIRETY AND THAT YOU UNDERSTAND THAT YOU ARE ENTERING INTO A LEGALLY BINDING AGREEMENT WITH US.