Terms of Service

Last Updated: May 16, 2024
IMPORTANT: These Terms require all disputes between us to go through binding arbitration instead of government court. By accepting these Terms, you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions. You can opt-out of arbitration for thirty (30) days after you first accept these Terms. See opt-out under Dispute Resolution below.

Miss Peaches Peaches products are made available by Barstool Sports, Inc. (“Company”, “we” or “us”). By using our website or app (our “Platform”) or buying products like our peaches (our “Products”), you agree to these Terms of Service (these “Terms”). If you do not understand or agree to these Terms, you may not use the Platform.
We may modify these Terms from time to time by updating these Terms online, effective as of the “Last Updated” date above. You agree to any modifications by continuing to use the Platform or purchase Products after the “Last Updated” date above. Review these Terms regularly to stay updated on any changes.

These Terms also incorporate our Privacy Policy, Orders, Shipping & Returns Policy, and any other supplemental terms or policies made available by us on the Platform from time to time.


a. You represent that you are 18 years of age or otherwise of legal age to form a binding contract in your jurisdiction. If you use the Platform on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (i) you are authorized to bind the company to these Terms, and (ii) you agree to these Terms on the company’s behalf.
b. You can browse and purchase Miss Peaches Peaches products without an account. We may also enable you to make purchases while logged into an existing Barstool Store account (each, an "Account"). When creating or updating an Account, you are required to provide us with certain personal or sensitive information, such as your e-mail address, your name, billing/shipping address and payment information. This information will be held and used in accordance with our Privacy Policy.
c. You may never use another's Account without permission or permit another to use your Account. You are prohibited from registering a new Account if you have previously had an Account terminated.
d. You are responsible for (a) keeping confidential any password that you created to use any aspect of the Platform requiring registration and (b) restricting access to your computer or mobile device. You are fully responsible for all activities that occur within your Account. You must notify us immediately of any breach of security or unauthorized use of any part of your Account.
e. Without limiting anything in these Terms we reserve the right, in our sole discretion, to restrict, suspend, or terminate your Account (including any then-current subscriptions on your Account) and/or your access to all or any part of the Platform at any time, for any or no reason, with or without prior notice, and without liability, including in the event that we stop offering any aspect of the Platform.

i. Product Descriptions. We strive to describe our Products as accurately as possible. However, we do not warrant that Product descriptions or other content are accurate, complete, reliable, current or error-free, as we rely upon our suppliers to provide information regarding the Products. If a Product you receive is not as described, please contact us at hello@misspeachespeaches.com for assistance. However, your sole remedy if we cannot find a solution shall be in accordance with our Orders, Shipping & Returns Policy.
ii. Product Availability. All Products are subject to availability. We reserve the right to change the Products offered at any time and without notice. The Platform may allow you to designate purchases to be delivered or provided at a future date.  However, although the Platform will contain information about the availability of Products at the time of ordering, the quantity of inventory actually available can change significantly and without notice. If, after you place your order, a Product will not be available for shipping in accordance with the timing indicated on the Platform or your order, you will be notified, and you may choose to order a different item that is then-currently available, wait until the Product is available (if it will be available again) or cancel your order. The Company is not liable if Products are not in stock or otherwise not available.
iii. No Resale. You are not permitted to resell or otherwise use the Products for commercial purposes.
(b) Payment.
i. You acknowledge and agree that all payment information you provide to us is accurate, current and complete. You represent and warrant that you have the legal right to use the payment method you provide to us or our Payment Processor.
ii. When you authorize a purchase, you (a) agree to pay the price for such purchase as set forth in the applicable Service, as well as all shipping and handling charges and all applicable taxes in connection with your purchase (the “Full Purchase Amount”), and (b) authorize our Payment Processor to charge your credit card or other payment method for the Full Purchase Amount.
iii. All transactions are in U.S. dollars (“USD”) unless otherwise specified at point of purchase. Orders will not be processed until payment has been received in full, and any holds on your account by our Payment Processor are solely your responsibility.
iv. The Platform may allow you to designate purchases to be delivered or provided at a future date. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the Full Purchase Amount on the date of purchase, rather than on the ultimate date of shipment or provision of the applicable Product.
c. Order Acceptance; Shipment.
i. Once we receive your order for a Product, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order. We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. We will generally bill your payment card at the time you place your order.
ii. Title and risk of loss for any purchases of physical Products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you). For more information, see our Orders, Shipping & Returns Policy. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.
d. Promotional Codes. We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Platform, subject to any additional terms that the Company establishes. You agree that Promos: (a) must be used in a lawful manner; (b) must be used for the intended audience and purpose; (c) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by the Company; (d) may be disabled or have additional conditions applied to them by the Company at any time for any reason without liability to the Company; (e) may only be used pursuant to the specific terms that the Company establishes for such Promos; (f) are not valid for cash or other credits or points; and (g) may expire prior to your use.
e. Gift Cards. Tangible and/or digital gift cards containing stored money value may be offered by us for the purchase of Products (“Gift Cards”). You acknowledge that the Company does not make any warranties with respect to your Gift Card balance and is not responsible for any unauthorized access to, or alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party. You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code. By purchasing a Gift Card, you represent and warrant to the Company that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers. Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Platform, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law). Gift Cards do not expire, and the Company will not assess a service fee or dormancy fee with respect to a Gift Card.
a. In connection with your use of the Platform, you may be able to post, upload, or submit content to be made available through the Platform (“UGC”), such as Product reviews or social media content (including social media posts you may publish which “tag” us or use hashtags associated with us). If you decide to share UGC with others through the Platform or third parties, you understand that it will be viewable by others in accordance with our Privacy Policy. You agree that you are solely responsible for UGC and for your use of any interactive features and areas of the Platform.
b. We are not responsible or liable for any UGC. Although we have no obligation to screen, edit or monitor UGC, we reserve the right, and have absolute discretion, to remove, screen or edit UGC posted or stored on the Platform at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any UGC you post or store on the Platform at your sole cost and expense.
4. Rights We Grant You
a. License Grant. Subject to your compliance with these Terms, the Company hereby grants to you, a personal, worldwide, royalty-free, non-assignable, non-sublicensable, non-transferrable, and non-exclusive license to use the software provided to you as part of the Platform. This license has the sole purpose of enabling you to use and enjoy the benefit of the Platform as provided by us, in the manner permitted by these Terms and subject to the use restrictions described below.
b. Restrictions. You may not do any of the following, unless applicable laws or regulations prohibit these restrictions, or you have our written permission to do so:
i. download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Platform;
ii. use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Platform;
iii. exploit the Platform for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation; 
iv. attempt to gain unauthorized access to, interfere with, damage or disrupt the Platform, or the computer systems or networks connected to the Platform;
v. violate any applicable law or regulation in connection with your use of the Platform; or
vi. access or use the Platform in any way not expressly permitted by these Terms.
c. Violation of these Terms may result in suspension or termination of your access to the Platform, or criminal or civil liability. We may monitor your conduct, including, without limitation, reviewing user generated content to determine whether you are in violation.
d. Termination of License and Your Account. If you breach any of the provisions of these Terms, all licenses granted by the Company will terminate automatically. Additionally, the Company may suspend, disable, or delete your Account and/or the Platform (or any part of the foregoing) with or without notice, for any or no reason. If the Company deletes your Account for suspected breach of these Terms, you are prohibited from re-registering for the Platform under a different name. In the event of Account deletion for any reason, the Company may, but is not obligated to, delete any of UGC, but shall not be responsible for the deletion of or failure to delete UGC. All sections which by their nature should survive termination of these license terms shall continue in full force and effect subsequent to and notwithstanding any termination of these Terms by the Company or you. Termination will not limit any of our other rights or remedies at law or in equity.
5. Ownership Of Content
a. Proprietary Rights. All materials contained on the Platform, including all content, and the software, graphics, text and look and feel of the Platform, and all intellectual property, including trademarks, logos and service marks (“Marks”), copyrights, patents and other intellectual property rights related thereto (collectively, the “Proprietary Materials”), are owned or controlled by the Company, and/or our subsidiaries or affiliated companies. You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from, or in any way exploit any Proprietary Materials, or any other protectable aspects of the Platform, in whole or in part, unless specifically stated otherwise. You are not permitted to use the Marks without our prior written consent.
b. Rights in UGC. As a condition of your use of the Platform, you grant us a nonexclusive, perpetual, irrevocable, royalty-free, worldwide, transferable, sublicenseable license to access, use, host, cache, store, reproduce, transmit, display, publish, distribute, modify, adapt and create derivative works (either alone or as part of a collective work) from UGC. As part of the foregoing license grant you agree that (a) other users of the Platform shall have the right to comment on and/or use, publish, display, modify or include a copy of UGC as part of their own use of the Platform, and (b) we have the right to make any of UGC available to third parties, so that those third parties can distribute, make derivative works of, comment on and/or analyze your UGC on other media and services (either alone or as part of a collective work). By posting or submitting UGC through the Platform, you represent and warrant that you have, or obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for UGC. You agree that UGC will not contain material subject to copyright or other proprietary rights, unless you have the necessary permission or are otherwise legally entitled to post the material and to grant us the license described above.
c. Notice of Infringement – DMCA Policy. If you believe that any text, graphics, photos, audio, videos or other materials or works uploaded, downloaded or appearing on the Platform have been copied in a way that constitutes copyright infringement, you may submit a notification to our copyright agent in accordance with 17 USC 512(c) of the Digital Millennium Copyright Act (the “DMCA”), by providing the following information in writing:
i. identification of the copyrighted work that is claimed to be infringed;
ii. identification of the allegedly infringing material that is requested to be removed, including a description of where it is located on the Service;
iii. information for our copyright agent to contact you, such as an address, telephone number and e-mail address;
iv. a statement that you have a good faith belief that the identified, allegedly infringing use is not authorized by the copyright owners, its agent or the law;
v. a statement that the information above is accurate, and under penalty of perjury, that you are the copyright owner or the authorized person to act on behalf of the copyright owner; and
vi. the physical or electronic signature of a person authorized to act on behalf of the owner of the copyright or of an exclusive right that is allegedly infringed.
Notices of copyright infringement claims should be sent by mail to: copyright@barstoolsports.com. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users who repeatedly infringe copyrights or intellectual property rights of others. A user of the Platform who has uploaded or posted materials identified as infringing as described above may supply a counter-notification pursuant to sections 512(g)(2) and (3) of the DMCA. When we receive a counter-notification, we may reinstate the posts or material in question, in our sole discretion. To file a counter-notification with us, you must provide a written communication (by fax, mail or email) that sets forth all of the items required by sections 512(g)(2) and (3) of the DMCA. Please note that you will be liable for damages if you materially misrepresent that content or an activity does not infringe the copyrights of others.
6. Third Party Platform and Materials
a. Use of Third Party Materials on the Platform. Third-party links on the Platform may direct you to third-party websites that are not affiliated with us. You acknowledge and agree that the Company is not responsible for examining or evaluating the content, accuracy, completeness, availability, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect of such third party materials or websites. We do not warrant or endorse, nor assume liability or responsibility to you or any other person for, any third-party services, materials, products, websites, or services. Complaints, claims, concerns, or questions regarding third-party products or services should be directed to the third-party, your state Attorney General, or the Federal Trade Commission.
7. Disclaimers, Limitations of Liability and Indemnification
a. Disclaimers. Your access to and use of the Platform are at your own risk. You understand and agree that the Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, the Company, its parents, affiliates, related companies, officers, directors, employees, agents, representatives, partners and licensors (the “Company Entities”) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
b. The Company Entities make no warranty or representation and disclaim all responsibility and liability for: (a) the completeness, accuracy, availability, timeliness, security or reliability of the Platform; (b) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Platform; (c) the operation or compatibility with any other application or any particular system or device; and (d) whether the Platform will meet your requirements or be available on an uninterrupted, secure or error-free basis; (e) the actions of its users or the contents of any user content, and (f) the deletion of, or the failure to store or transmit, UGC and other communications maintained by the Platform. No advice or information, whether oral or written, obtained from the Company Entities or through the Platform, will create any warranty or representation not expressly made herein.
c. The Company Entities also disclaim any responsibility or liability with respect to any adverse consequences you or any other recipient of a Product may experience.
d. Limitations of Liability.
e. Indemnification. You agree to indemnify and hold the Company Entities harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, made by any third party due to or arising out of (1) your breach of these Terms and/or any of your representations, warranties, covenants and/or agreements set forth herein or (2) our distribution, exploitation or other use of UGC.
You agree to resolve disputes with Company through binding arbitration, except as described in this Section 8 (“Arbitration Clause”). The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action. You may opt-out of arbitration under Section 8(k) within thirty (30) days of first accepting these Terms.
a. Covered Disputes. You and Company agree that any dispute or claim between you and Company arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court. A Dispute includes any claim or dispute relating to the Services, access and use of the Services, your Account, or any aspects of your relationship or transactions with Company. A Dispute also includes any claims or disputes that arose from or involve facts that occurred before the effectiveness of this Agreement and claims that may arise after its termination. For clarity, nothing in this Arbitration Clause prevents either party from settling any Dispute(s) on a class-wide, batch-wide or other multiparty basis.
b. Exceptions to Arbitration. This Arbitration Clause does not require arbitration of the following types of claims brought by either you or Company:
i. small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and
ii. claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.
c. Informal Dispute Resolution First. Like you, we want to resolve Disputes without resorting to arbitration. If you have a Dispute with us, before initiating arbitration, you agree to send an individualized request (“Pre-Arbitration Demand”) to hello@misspeachespeaches.com with the email subject “Pre-Arbitration Demand” so that we can work together to resolve the Dispute.
This Section 8(c) is a condition precedent to commencing arbitration. The arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.
i. A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual. A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all.
ii. The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature.
iii. Likewise, if Company has a Dispute with you, Company will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account.
iv. If the Dispute is not resolved within sixty (60) calendar days of when either you or Company submitted a Pre-Arbitration Demand, an arbitration can be brought.
v. This Section 8(c) does not apply to claims brought under the exception to arbitration in Section 8(b).
d. Arbitration Procedure. If, after completing the informal process in Section 8(c), either you or Company wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration. Any demand for arbitration by you will be sent to the Company address in Section 8(c). Company will send any arbitration demand to the email address associated with your Account or to your counsel, if any. You and Company agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Clause. If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.
i. The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative:
A. Comprehensive Dispute Resolution Rules and Procedures, and
B. where applicable, its Mass Filing Supplemental Dispute Resolution Rules and Procedures, in each case as available at https://www.namadr.com/resources/rules-fees-forms.
This Arbitration Clause will govern to the extent it conflicts with the arbitration provider’s rules.
ii. If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider. If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.
iii. Arbitration hearings will take place through videoconferencing, unless you and Company agree upon another location in writing. A single arbitrator will be appointed.
iv. The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs. Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction over the dispute. An arbitration award will have no preclusive effect in another arbitration or court proceeding involving Company and a different individual. The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Arbitration Clause is applicable, unconscionable, or enforceable, as well as any defenses to arbitration. However, a court has exclusive authority to rule on the Class Action Waiver in Section 8(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.
v. If a request to proceed in small claims court (see Section 8(c)(i)), is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed. Any controversy over the small claims court’s jurisdiction will be determined by the small claims court.
e. Jury Trial Waiver. You and Company agree to waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and Company are instead electing that all Disputes will be resolved by arbitration under this Arbitration Clause, except as specified in Section 8(b) above. Court review of an arbitration award is subject to very limited review. Discovery may be limited in arbitration, and procedures are more streamlined than in court.
f. Class Action Waiver. You and Company agree that, except as specified in Section 8(g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis.
i. The parties agree to waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.
ii. Subject to this Arbitration Clause, the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief to the party’s individual claim.
iii. Notwithstanding anything to the contrary in this Arbitration Clause, if a court decides, in a final nonappealable decision, that the limitations of this Section 8(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and Company agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section
g. Batch Process. To increase the efficiency of administration and resolution of arbitrations, you and Company agree that if 25 or more arbitration demands of a substantially similar nature, are filed within a one hundred and eighty (180) day period (“Mass Filing”):
i. to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batches”), with only one Batch filed, processed, and adjudicated at a time;
ii. to designate one arbitrator for each Batch;
iii. to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
iv. that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior Batch is filed, processed, and adjudicated;
v. that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Company and the claimants, will only be due after your demand for arbitration is included in a Batch that is properly designated for filing, processing, and adjudication; and
vi. that the Batch process will continue until each demand (including your demand) is adjudicated or otherwise resolved.
vii. Any statutes of limitation, including the requirement to file within one (1) year in Section 8(j) below, will remain tolled while any arbitration demands are held in abeyance. While the Batches are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.
A. If, contrary to this provision, a party prematurely files an arbitration demand, the parties agree that the arbitration provider must hold those demands in abeyance.
vii. Substantially similar nature. All parties agree that arbitration demands are of a “substantially similar nature” if they relate to the same event or factual scenario, raise the same or similar legal issues and seek similar relief.
ix. Mass Filing Administration. Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Arbitration Clause, including Section 8(c).
A. To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly. Company will pay the Administrative Arbitrator’s costs.
B. The parties will work in good faith with the arbitrator to complete each Batch within one hundred and twenty (120) calendar days of its initial pre-hearing conference. The parties agree that the Batch process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.
x. This Batch Process provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind. Unless Company otherwise consents in writing, Company does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 8(g).
h. Settlement. At least ten (10) calendar days before the date set for the arbitration hearing, you or Company may serve a written offer of judgment upon the other party to allow judgment on specified terms. If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly. If the offer is not accepted before the earlier of the arbitration hearing or thirty (30) calendar days after it is made, it will be deemed withdrawn, and cannot serve as evidence in the arbitration. If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.
The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms. For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.
i. Arbitration Costs. Except as provided for in a Mass Filing under Section 8(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules.
j. 18-Month Filing Deadline. To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Arbitration Clause (with the exception of disputes under Section 8(b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose. Otherwise, that claim or cause of action will be permanently barred. The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 8(c) above.
k. Opt-Out. You may reject this Arbitration Clause and opt out of arbitration by sending an email to opt-out@misspeachespeaches.com within thirty (30) calendar days of first accepting these Terms. If you have an Account, your opt-out notice must be sent from the email address associated with your Account. No one may opt-out another person. Your notice to opt-out must include your first and last name, address, the email address associated with your Account (if you have an Account), and a clear statement that you decline this Arbitration Clause.
l. Severability. Except as provided in Section 8(f) above, if any provision of this Arbitration Clause is found to be illegal or unenforceable, then that provision will be severed. The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.
9. Additional Provisions
a. Electronic Communications. When you use the Platform or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices through the Platform. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.
b. Support and Contact. Subject to the other provisions of these Terms, we will attempt to help you with any questions about or problems you may have with Products, the Platform or any of your purchases through it. To reach our customer support team, please email hello@misspeachespeaches.com. You may also contact us with any other questions you have about these Terms.
c. International Access. The Service may be accessed from countries other than the United States, but we do not currently ship any Products outside of the United States.
d. Modifications of Platform. We may change or discontinue any aspect, service or feature of the Platform and/or Platform at any time, in our sole discretion.
e. No Third-Party Beneficiaries. The parties agree there are no third-party beneficiaries intended under these Terms.
f. No Joint Venture. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of the Company.
g. No Waiver. The failure of either party to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder.
h. Force Majeure. In no event will we be liable to you, or be deemed to have breached these Terms, for any failure or delay in performing its obligations hereunder, to the extent such failure or delay is caused by any circumstances beyond the Platform’s reasonable control including (without limitation), weather conditions, pandemics, acts of war, acts of terrorism, insurrection, riots, civil disorders, or rebellion; quarantines, power or internet outages, or embargoes.
i. Injunctive Relief. You agree that a breach of these Terms will cause irreparable injury to the Company for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies hereunder or at law without a bond, other security or proof of damages.
j. Applicable Law. The Platform are created and controlled by us in the State of New York. As such, the laws of the State of New York will govern these Terms, without giving effect to any provisions of New York law that direct the choice of another state’s laws. Subject to Section 9 above (Arbitration), you hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the State of New York and of the United States of America located in the State of New York for any litigation arising out of or relating to use of or purchase made through the Platform (and agree not to commence any litigation relating thereto except in such courts), waive any objection to the laying of venue of any such litigation in a New York court and agree not to plead or claim in any New York Court that such litigation brought therein has been brought in an inconvenient forum.
k. California Residents. If you are a California resident, in accordance with Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Platform of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
I. Miscellaneous.
i. If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
ii. These Terms and the licenses granted hereunder may be assigned by the Company but may not be assigned by you without the prior express written consent of the Company.
iii. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
iv. The section headings used herein are for reference only and have no legal effect.
v. The Platform are operated by us in the United States. Those who choose to access the Platform from locations outside the United States do so at their own initiative and are responsible for compliance with applicable local laws.
vi. You and the Company agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.