Baboochi

Terms of Use

This website (“Site”) Baboochi.com is operated by Peak Inc. Throughout these Terms, the terms “we”, “us” and “our” refer to Baboochi and Peak Inc. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Use” or “Terms”) govern your access to and use of this Site, including any content, functionality and services offered on or through this Site, whether as a guest or a registered user.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS SITE. BY ACCESSING OR USING THIS SITE, YOU AGREE TO THE FOLLOWING TERMS OF USE). IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOU MAY NOT USE THIS SITE.

THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND WAIVER OF JURY TRIALS, AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES.

Baboochi and Peak Inc. reserve the right to update or modify these Terms at any time without prior notice. Your continued use of the Site after the effective date of any changes is deemed acceptance of the revised Terms. For this reason, we encourage you to review these Terms each time you visit the Site.

1.  AGE OF USERS

By agreeing to these Terms of Use, you certify that you are 18 years of age or older.  If you are under the age of 18 but are at least 13 years of age, you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Individuals under the age of 18 are not permitted to purchase products from the Site without the supervision of a parent or legal guardian.

2.  USE OF SITE MATERIALS

Baboochi and Peak Inc. grants you a limited, non-exclusive, non-transferable, non-sub-licenseable license to view, use, and print individual pages of the Site for your personal, non-commercial use. Unless otherwise noted, the design of and all materials on this Site, including, but not limited to, text, slogans, graphic, images, icons, photographs, video clips and other materials, and the copyrights, trademarks, service marks, trade dress and other intellectual property (“Content”) are owned, controlled or licensed by Baboochi and Peak Inc. or other providers of such material. The Site is intended for personal and non-commercial use only. The Content provided on this Site is to be used for informational purposes only. No right, title or interest in downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, resell or exploit Content in any way. We reserve the right to pursue all legal remedies for any commercial exploitation of Content. 

This Site sells products to retail consumers and authorized resellers only. This license does not include and strictly prohibits: any resale or export of the Site or its Content, including any products; any collection and use of any product listings, descriptions, or prices other than as expressly authorized herein; or any derivative use of the Site or its Content; or any use of data mining, robots, or similar data gathering and extraction tools.  All rights not expressly granted to you in these Terms of Use are reserved and retained by Baboochi and Peak Inc. or its licensors, suppliers, other Content providers. We reserve the right to terminate this license and your access to the Site in the event you fail to comply with any of these Terms of Use or our other policies.  We also reserve the right to refuse service to anyone for any reason at any time.

3.  COPYRIGHTS AND TRADEMARKS

All Content, design, text, graphics, logos, photographs, interfaces, the selection and arrangements thereof, and any other material on the Site are protected by United States and international copyright law and other intellectual property laws and are owned by Baboochi and Peak Inc. or other respective owners that have granted us the right and license to use such materials.

All trademarks, service marks, trade names, logos and trade dress (collectively, the “Marks”) are registered and unregistered trademarks of Baboochi and Peak Inc. or other respective owners that have granted us the right and license to use such Marks. Nothing on this Site should be construed as granting any license or right to use any Mark displayed on the Site. You may not use any Marks without the prior written permission of Baboochi and Peak Inc.

You may not frame, deep link or utilize any similar techniques to enclose the Site, Content, or other proprietary information (including images, text, page layout, or form) of Baboochi and Peak Inc. without our express written consent.

4. ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION

The information presented on or through this Site is made available solely for general information purposes and convenience.  We do not warrant the accuracy, completeness or usefulness of this information.  Any reliance you place on such information is strictly at your own risk.  Baboochi and Peak Inc. disclaim all liability and responsibility arising from any reliance placed on such materials by you or by anyone who may be informed of its contents.  Baboochi and Peak Inc. offers and displays the products on this Site as reasonable representations and availability of the color, configuration, design, texture, and/or look of its products. However, we cannot guarantee that your monitor’s display of merchandise color or detail will be accurate. On occasion, the Site may contain incomplete information, typographical errors, or inaccuracies as to description, pricing, sizing, fabrication, color or availability. Additionally, note that certain weights, measures and similar descriptions are approximate and are provided for convenience purposes only. We reserve the right to correct errors at any time without prior notice (including after your order has been placed).

5.  PRODUCTS AVAILABILITY AND PRICES

The features, content, specifications, products and prices and availability of products and services described or depicted on this Site are subject to change at any time without notice. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Returns Policy.  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. 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 unauthorized dealers, resellers or distributors (e.g., those who have not signed our Reseller Agreement).  All descriptions of products or product pricing are subject to change at anytime without notice, at our sole discretion. We reserve the right to discontinue any product at any time. We undertake no obligation to update, amend or clarify information on the Site, including without limitation, pricing information, except as required by law.   Any offer for any product or service made on this Site is void where prohibited.

6.  USER ACCOUNTS, ACCURACY OF ACCOUNT INFORMATION

Only you may use your Baboochi user account, and you are responsible for all activity that takes place with your user account. You are also responsible for keeping your user name and password confidential. You must promptly notify us via e-mail at Info@Peak-Prod.com if your password is lost, stolen or used without permission. We reserve the right to terminate any user account in the event you fail to comply with any of these Terms of Use or our Privacy Policy.  Baboochi and Peak Inc. reserve the right to refuse service, terminate accounts, remove or edit content, cancel, or limit orders in its sole discretion.

You agree to provide current, complete and accurate purchase and account information for all purchases made through the Site. 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.

7.  THIRD-PARTY LINKS

This Site may contain links to other websites that are not owned or controlled by us. Baboochi and Peak Inc. have no responsibility for the content of the linked websites nor does it necessarily endorse the linked sites or the products offered therein. We provide the links solely for your convenience. You should carefully review the terms of use and privacy policies on any third party site. Access to any third party sites is at your own risk and we will have no liability arising out of or related to such websites or for any damages or loss caused or alleged to be caused by or in connection with any purchase, use of, or reliance on, any such content, goods or services available on or through any such third party sites.  Complaints, claims, concerns, or questions regarding third-party sites or products should be directed to the third-party.

8.  USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS

Any Content, material, information, idea, photo, or other communication you transmit to or post on this Site or to Baboochi and Peak Inc. by any means will be treated as non-confidential and non-proprietary and may be disseminated or used by Baboochi and Peak Inc. and/or its designees for any purpose whatsoever, including, but not limited to, developing and manufacturing products (“Communication”). We will have no obligations with respect to the Communication. Baboochi and Peak Inc. and its designees will be free to copy, disclose, distribute, incorporate, or otherwise use the Communication and all data, images, sounds, text, and other things embodied therein for any and all commercial and noncommercial purposes. You are prohibited from posting or transmitting to or from this Site anything illegal, unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that is invasive of privacy, infringing of intellectual property rights (including publicity rights), or otherwise injurious to third parties or objectionable, that consists of or contains software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” or unsolicited commercial electronic messages, or could rise to any civil or criminal liability under the law.   You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a credit card or other content. Baboochi and Peak Inc. reserve the right (but not the obligation) to remove or edit such content, but does not regularly review posted Communication or other content.

If you do post or submit Communication, and unless we indicate otherwise, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant us, and our sub-licensees the right to use the name that you submit in connection with such content, if we choose. You represent and warrant that you own or otherwise control all of the rights to the Communication that you post; that the Communication is accurate; that use of the Communication you supply does not violate these Terms or the rights of any individual or entity; and that you will indemnify us for all claims resulting from Communication and other content you supply. Baboochi and Peak Inc. have the right but not the obligation to monitor and edit or remove any activity or content. We take no responsibility and assume no liability for any Communication or other content posted by you or any third party.

Notice of Copyright Infringement

If you are a copyright owner who believes your copyrighted material has been copied, posted, or distributed on or through the Site in a way that infringes your copyright rights, please inform our designated Copyright Agent by sending written notice email to Info@Peak-Prod.com. Pursuant to the Digital Millennium Copyright Act, to be effective you must include the following information in your written notice:

• A detailed description of the copyrighted work you believe is being infringed;
• A description (such as the subdomain link) of the location on the Site where the allegedly infringing content appears;
• Your contact information, including your name, address, telephone number, and, if available, email address;
• A statement that you have a good faith belief that the allegedly infringing use is not authorized by you as the copyright owner, by your agent, or by law;
• A statement affirming that, under penalty of perjury, the information in the notice is accurate and that you are, or are authorized to act on behalf of, the copyright owner; and
• An original or electronic signature of the copyright owner or someone authorized on the owner’s behalf to assert infringement of copyright and to submit the statement.

Please note that notice to the designated Copyright Agent is only for reporting claims of copyright infringement in connection with the Site. Contacts for other matters are provided elsewhere through these Terms.

9.  PRIVACY POLICY

Baboochi and Peak Inc.’s use of any information you provide us is governed by our Privacy Policy.

10.  PROHIBITED USES

In addition to other prohibitions as set forth in the Terms of Use, you shall not knowingly post, transmit, redistribute, upload, or promote any Communication, Content or materials to or from the Site that (a) contain corrupted files, viruses, or any other similar software files; (b) are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, infringing on any intellectual property rights, vulgar, obscene, sexually explicit, pornographic, hateful, profane, indecent, racially, ethnically derogatory, or otherwise violate any right of any third party;  (c) are likely to upset, embarrass, alarm, inconvenience or annoy any other person; (d) contain chain letters or pyramid schemes; (e) contain any unsolicited advertising, promotional materials, mass mailings, “spam,” political campaigning, or other forms of solicitation to other users, individuals or entities; (f) contain false or misleading information, or impersonate any individual or entity, including our company and our employees and agents or are likely to deceive any person; (g) encourage conduct that would constitute a criminal offense; (h) involve commercial activities, sales,  contests, sweepstakes and other sales promotions, barter or advertising; (i) give the impression that they emanate from or are endorsed by us or any other individual or entity if this is not the case; (j) give rise to civil liability; (k) collect or track the personal information of others, spam, phish, pharm, pretext, spider, crawl, or scrape the Site, or interfere with or circumvent the security features of the Site, other websites, or the Internet; (l) otherwise violate any law; or (m) amount to any conduct that, in the judgment of Baboochi and Peak Inc., is otherwise objectionable, restricts, impairs, interferes or inhibits any user from using or enjoying the Site, or may harm Baboochi or Peak Inc. or users of the Site or expose them to liability.

In addition to any remedies that we may have at law or in equity, if Baboochi and Peak Inc. determines, in its sole discretion, that you have violated or are likely to violate the foregoing prohibitions, it may take any action it deems necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the Site. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials.

11. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.  THE SITE ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SITE ARE (EXCEPT AS EXPRESSLY STATED BY US) ARE PROVIDED BY BABOOCHI AND PEAK INC. ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, GRAPHICS, LINKS, OR MATERIALS INCLUDED ON THE SITE, OR THEIR ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, BABOOCHI AND PEAK INC. DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, DURABILITY, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. WE DO NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR THE SERVICES. OPERATION OF THE SITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OF OUR CONTROL.

IN NO EVENT SHALL BABOOCHI AND PEAK INC. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF WE HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THIS SITE AND/OR THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.

CERTAIN STATE LAWS IN THE UNITED STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS. IF YOU ARE DISSATISFIED WITH ANY OF THE CONTENTS OF THE SITE, OR DO NOT AGREE WITH THESE TERMS AND CONDITIONS, WITH BABOOCHI AND PEAK INC.’S PRIVACY POLICY OR ANY OTHER POLICIES OF THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE SITE.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 11.

12.  INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to indemnify, defend and hold Baboochi and Peak Inc., our subsidiaries, affiliates, successors and assigns, its licensors and service providers, and its/their respective officers, directors, partners, employees, contractors, agents, licensors, and suppliers harmless from and against any claim or demand, including reasonable attorneys’ fees, resulting from your use of the Site and/or your breach of the Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, and/or resulting from any and all content you submit to Baboochi and Peak Inc. and/or the Site. Baboochi and Peak Inc. shall provide notice to you of any such claim, suit or proceeding.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 12.

13.   GENERAL

These Terms of Use, including all documents referenced herein, represent the entire understanding between you and us regarding your relationship with Baboochi and Peak Inc. and supersedes any prior statements or representations (including, but not limited to, any prior versions of the Terms of Use). If any provision of these Terms of Use is held to be invalid, unlawful, void or unenforceable for any reason, such provision shall be struck and the remaining provisions shall remain enforceable. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. You agree that these Terms of Use and all agreements and notices incorporated herein may be automatically assigned by us in our sole discretion, to a third party. You may not assign these Terms of Use or your obligations to any other individual or entity, and any attempt by you to do so is void.  The provisions regarding the parties’ rights and obligations with respect to indemnification, intellectual property, and dispute resolution, as well as any other provisions necessary to interpret the respective rights and obligations of the parties under these Terms, shall survive the expiration or termination of these Terms.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SECTION 13.

14.  GOVERNING LAW AND JURISDICTION

By accessing or using the Site, you agree that the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and Baboochi and Peak Inc. will be governed by and construed in accordance with applicable federal law, and the laws of the State of California, without regard to principles of conflicts or choice of law. You and we irrevocably consent to the exclusive jurisdiction and venue of the state or federal courts in Los Angeles County, California, USA, for all disputes arising out of or relating to the Site, these Terms of Use, our Privacy Policy, and any dispute of any sort that might arise between you and us that are heard in court (excluding arbitration and small claims court). Baboochi and Peak Inc. make no representation that materials on this Site are appropriate or available for use outside of the United States. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

IF YOU ARE A CONSUMER, HOWEVER, THIS PROVISION SHALL NOT BE CONSTRUED TO LIMIT YOUR RIGHTS UNDER CONSUMER PROTECTION LAWS OF YOUR STATE OF RESIDENCE AS SET FORTH IN SECTION 19. 

15.  ELECTRONIC COMMUNICATIONS

When you use the Site, or send e-mails, text messages, and other communications from your desktop or mobile device to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on this Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

16.  INTERNATIONAL LAW

We control, operate, and administer the Site from the United States. We make no representation that any material on our Site is appropriate or available for use outside of the United States. Illegal access to the Site from territories where their content is illegal is prohibited. You may not use the Site or export it in violation of U.S. export laws, rules, and regulations. If you access the Site from a location outside the United States, you are responsible for compliance with all applicable laws.

17.  SITE POLICIES; CHANGES TO SITE AND TERMS OF USE

Please review our other policies, such as our Returns & Refunds and Shipping policies, posted on this Site.  These policies also govern your use of the Site any products or services sold or distributed by Baboochi and Peak Inc. or through the Site.  We may terminate, change, suspend or discontinue any aspect of this Site, in whole or in part, including the availability of any features of this Site, at any time and without notice. We also reserve the right, at our sole discretion, to change, modify, add or remove any portion of these Terms or other policies, in whole or in part, at any time and without notice. We may terminate any authorization and rights given above at any time and without notice. Your continued use of this Site after any changes to these Terms are posted on the Site will be considered acceptance of those changes.  In the event that you do not agree to any changes or modifications of these Terms, you should not continue to use the Site.

18.  Disputes

Except as otherwise expressly set forth in these Terms of Use, any dispute, claim or controversy at law or equity relating in any way to these Terms of Use, our Privacy Policy, any products or services sold or distributed by Baboochi and Peak Inc. or through the Site, your use of the Site, or to and any dispute of any sort that might arise between you and us (each a “Claim”) that cannot be resolved informally or in small claims court shall be resolved by binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.  In order to expedite and control the cost of disputes, you and we agree that any Claim will be resolved as follows:

A. Informal Resolution:

Most disputes can be resolved without resort to litigation. You can reach our customer service department at Info@Peak-Prod.com. The parties agree to use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation with our customer service department, and good faith negotiations shall be a condition to either party initiating a lawsuit or arbitration.  Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (“Notice”) describing the nature and basis of the Claim and the requested relief. A Notice to Baboochi and Peak Inc. should be sent to: Peak Inc. Legal Department at 2416 W. Victory Blvd #192, Burbank, CA. 91506. After the Notice is received, you and we may attempt to resolve the Claim informally.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18 (A).

B. Formal Resolution by Binding Arbitration:

READ THE FOLLOWING ARBITRATION PROVISION CAREFULLY, IT LIMITS YOUR RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION. You agree that any dispute, controversy or Claim arising out of or relating to these Terms of Use, the applicability of these Terms of Use to the use of this Site, or purchase of any Baboochi and Peak Inc. or other products on this Site, or to breach or enforcement, interpretation or validity of these Terms of Use, or the determination of the scope or applicability of arbitration shall be governed by the Federal Arbitration Act.

If the parties do not reach an agreed-upon solution within a period of 60 days from the time informal dispute resolution is initiated under the Informal Resolution provision above, then either party may initiate binding arbitration as the sole means to resolve Claims, subject to the terms set forth below. By agreeing to arbitration, both you and we understand and agree that all disputes shall be decided by an arbitrator and that you are waiving your rights to maintain other available resolution processes, such as a court action or administrative proceeding, to settle disputes. Instead of suing in court, both you and we each agree to settle disputes (except certain small claims or as otherwise set forth in these Terms) only by arbitration. The rules in arbitration are different. There is no judge or jury, and review is limited, but an arbitrator can award the same damages and relief, and must honor the same limitations stated in these Terms of Use as a court would.

(1) Binding Arbitration:  Arbitration shall be initiated through the American Arbitration Association (“AAA”), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The rules of the ADR Provider, the Federal Arbitration Act, and federal arbitration law shall govern all aspects of this arbitration, including, but not limited to, the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms of Use. If the arbitration is administered by the AAA, it shall be administered under the AAA’s Consumer Arbitration Rules (including without limitation the Supplementary Procedures for Consumer-Related Disputes, if applicable). To start an arbitration proceeding, submit a Demand for Arbitration that complies with the requirements of the AAA Consumer Arbitration Rules to the AAA and mail a copy to us. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration shall be conducted by a single, neutral arbitrator. Any Claims where the total amount of the award sought is $25,000 or less, the Claims will be resolved through binding non-appearance-based arbitration unless the arbitrator finds good cause to hold an in-person hearing instead. For Claims where the total amount of the award sought is more than $25,000, the right to a hearing will be determined by the ADR Provider’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration, and shall pay an equal share of the fees and costs of the ADR Provider, except as otherwise required or allowed by the ADR Provider’s rules.  You acknowledge and agree that we may be entitled to reimbursement of our AAA, arbitrator’s, and/or attorney’s fees and expenses from you in the event the arbitrator finds the arbitration frivolous, brought for an improper purpose, or otherwise determines that we are entitled to such reimbursement.

(2) Additional Rules for Non-appearance Based Arbitration: If non-appearance arbitration applies, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration. The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties.

(3) Confidentiality: All aspects of the arbitration proceeding, including, but not limited to, the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

(4) Exception: Litigation of Intellectual Property and Small Claims Court Claims: Notwithstanding the parties’ decision to resolve all disputes through arbitration, either party may bring enforcement actions, validity determinations or claims arising from or relating to infringement, misappropriation, theft, piracy, or unauthorized use of intellectual property in state or federal court or in the U.S. Patent and Trademark Office to protect its intellectual property rights (“intellectual property rights” means patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights). Either party may also bring an individual action in a small claims court for disputes or claims within the scope of that court’s jurisdiction.

(5) Waiver of Jury Trial: THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all Claims (except as expressly excluded in this Formal Resolution by Binding Arbitration section) shall be resolved by binding arbitration. In the event any litigation should arise between you and us in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND WE WAIVE ALL RIGHTS TO A JURY TRIAL (including, but not limited to, any Claims, counterclaims, cross-claims, or third party claims), instead electing that the dispute be resolved by a judge.  Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

(6) Waiver of Class or Consolidated Actions: ALL CLAIMS MUST BE ARBITRATED OR LITIGATED, AS THE CASE MAY BE, ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS, AND CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH ANY CLAIM OF ANY OTHER CUSTOMER, USER OR PARTY, WHETHER THROUGH CLASS ACTION PROCEEDINGS, CLASS ARBITRATION PROCEEDINGS, REPRESENTATIVE ACTION, OR OTHERWISE.  THIS MEANS THAT YOU WAIVE YOUR RIGHT TO INITIATE OR PARTICIPATE IN ANY CLASS OR CONSOLIDATED ACTION WHATSOEVER. Each of the parties acknowledges that this section is a material inducement for the other party entering into these Terms of Use.

These Terms govern to the extent they conflict with the ADR Provider’s rules, including, but not limited to, the AAA’s Consumer Arbitration Rules.

C. Time to Bring Your Claim:

 ANY CLAIM YOU MAY HAVE DIRECTLY OR INDIRECTLY ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SITE (INCLUDING THE PURCHASE OF ANY PRODUCT VIA THE SITE) MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CLAIM ARISES; OTHERWISE, SUCH CAUSE OF ACTION OF CLAIM IS PERMANENTLY BARRED.

SEE SECTION 19 BELOW FOR IMPORTANT LIMITATIONS ON THE TERMS OF THIS SUB-SECTION 18(C).

19.  Exclusions and Limitation; Consumer Protection Notice

If you are a consumer, the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of your State of residence. If you are a New Jersey consumer, the terms of Sections 11, 12, 13, 14, 18(A), and 18(C) do not limit or waive your rights as a consumer under New Jersey law and the provisions in these Terms of Use are intended to be only as broad and inclusive as is permitted by the laws of, including but not limited to, the State of New Jersey. In any event, Baboochi and Peak Inc. reserve all rights, defenses and permissible limitations under the law of your State of residence. Notwithstanding the foregoing, nothing in this Section shall modify Section 18(B) (Formal Resolution by Arbitration).

20.  CONTACT INFORMATION

Questions about these Terms of Use should be sent to us at Info@Peak-Prod.com

© 2016 Baboochi. All Rights Reserved.
© 2016 Peak Inc. All Rights Reserved.

Updated October 22nd, 2016