(Date of Last Revision: September 14, 2020)
The website www.planwithpeppr.com (the “Site”) is owned and operated by PEPPR LLC (“PEPPR,” “we,” or “us”). We provide certain services through the Site, including services that allow a user to register for an account; create, post, and market restaurant listings and information; view listings and information about venues; request a reservation for an event; provide feedback regarding restaurants; order food, beverages and other products from restaurants or other venues (collectively, the “Services”).
You may be required to register an account in order to access certain features of the Site. You will choose or be assigned a user name and a password through the Site’s registration process. You are responsible for keeping your user name and password confidential. You are responsible for all activities (whether by you or by others) that occur under your password and account. You agree to notify us immediately of any unauthorized uses of your account or any other breach of security. PEPPR cannot and will not be liable for any loss or damage arising from your failure to keep your account information protected. You acknowledge that our Service may be limited or not available at all in some places due to local law or other restrictions.
By registering for an account on the Site, you represent and warrant that your information is true and accurate to the best of your knowledge. You agree not to submit false information when registering on the Site, populating your profile, or using the Site. When registering, you must provide your name and your email address. After you register, you may populate your profile and choose to provide one or more items of information, including personal information. By registering an account with the Site, you consent to receive periodic communication from PEPPR and its affiliates, employees, agents, representatives, and any third-party service provider of PEPPR regarding any inquiry and/or obtaining the Services.
You may not use the contents of the Site in any manner or for any purpose that would constitute infringement of PEPPR’s, its licensors’, or the Site’s other user’s intellectual property rights. PEPPR may provide information, photos, video, text, graphics, or other material (collectively, the “Content”) on the Site, and grants you a limited nontransferable, revocable license to make a copy and use the Content solely for your personal or internal business purposes. Except as otherwise provided herein, you may not copy, distribute, or publicly display Content for any other purpose or in any other public forum without the prior written consent of PEPPR or the respective owner, including public forums such as other websites, web services, or print publications. PEPPR or its licensors own or have the right to use all trademarks and service marks appearing on the Site. The unauthorized use or misuse of these trademarks and service marks is prohibited.
Except as provided herein, there will be no refunds for any deposit received in connection with a order made on the Site or with the Services.
Users will pre-pay the deposit associated with the order at the time of placing the order with PEPPR. A user who cancels his or her order before the subject restaurant has accepted the order shall be entitled to a full refund of the deposit. A user who cancels his or her order after the subject restaurant has accepted the order and and more than twenty-four (24) hours before the scheduled order delivery time shall be entitled to a fifty percent (50%) refund of the deposit minus our service fee. A user who cancels his or her order after the subject restaurant has accepted the order and and less than twenty-four (24) hours before the scheduled pick-up time for the order shall not be entitled to a refund of the deposit. If the restaurant cancels your order, we will give you a refund of the deposit minus our service fee; provided, however, that the you must submit a claim for a refund, with details regarding the circumstances of the cancellation, within seven (7) days of the originally scheduled order date by contacting us at the email address provided below. To receive your full refund, we will require you to be responsive to our requests for additional information and cooperation, have not directly or indirectly caused the cancellation of the order, and have used reasonable efforts to remedy the situation with PEPPR or with the restaurant prior to making a claim.
Provided that you have adequately established that you are entitled to a refund, PEPPR will reimburse you up to the identified amount, which shall not exceed the amount paid by you for the subject order through the Services. PEPPR will not be responsible for providing any additional refund or damages above and beyond such amount.
Use of Personal Data
Your Communications to the Site
The following activities are expressly prohibited from the Site:
- Using or submitting any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
- Submitting or posting any false, misleading, or fraudulent statements or content.
- Engaging in activity that is unauthorized advertisements or promotions, including unauthorized solicitation of other users of the Site.
- Collecting personal information of other users of the Site without that user’s consent.
- Engaging in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
- Engaging in any activity designed to impede the use of the Site by other users, including overloading and flooding.
- Framing or deep linking into the Site.
- Accessing the Site by means of automated process, spiders, bots or similar device.
The Site may contain user profiles, and restaurant listings, restaurant menus and other interactive features (collectively, the “Interactive Services”) that allow certain users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, a “post”) text, pictures, and other content or materials (collectively, the “User Contributions”) on or through the Site.
Any User Contribution you post to the Site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Site, you hereby grant PEPPR and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the irrevocable right and license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not PEPPR, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Site.
These content standards apply to any and all User Contributions and use of the Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, threatening, harassing, violent, hateful, inflammatory, discriminatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Federal and State Laws
The Site is operated from the United States. When using the Site, on the Site, or when using any content provided by PEPPR, you must obey all applicable U.S.-based federal, state, and local laws.
Alcohol – ID Verification and Safety Checks
If you are purchasing alcohol with an order, you must be 21 years of age and older. You may not use the Service and purchase alcohol if you are under 21. You may not purchase for, pick-up for, or send a delivery or shipment to anyone under 21. Do not send us information about anyone under 21. PEPPR will verify identification and age and to determine whether it is otherwise safe and appropriate to furnish you with alcohol. We may require a valid form of photo identification with birthdate and a signed acknowledgement confirming acceptance at the time of pick-up or delivery. If we cannot verify your age or identify, if you appear to be intoxicated, or if the situation is otherwise unsafe or inappropriate (for example, you are 35, but appear to be in the company of only 18 year olds), we may refuse to furnish you with alcohol.
Alcohol cannot be left unattended – someone 21 or older must be present to accept and sign for it. If we are unable to deliver your alcohol for this or a similar reason, we may charge a restocking fee and subsequent delivery attempts are at our discretion and are subject to redelivery fees.
If we believe that your order is fraudulent or unlawful, we may suspend your use of the Service.
We do not allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over.
Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS OTHERWISE PROVIDED HEREIN OR ON THE SITE, THE INFORMATION AND SERVICES OFFERED ON OR THROUGH THE SITE AND ANY REFERENCED THIRD-PARTY SITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, PEPPR DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE FULLEST EXTENT ALLOWED BY LAW, PEPPR DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, CONTENT, OR OTHER POSTED MATERIAL ON THE SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
By providing THE SERVICES on the Site, PEPPR does not in any way promise that the SERVICEs will remain available to you. PEPPR is entitled to terminate all or part of any of the Site at any time, in its sole discretion without notice to you.
Limitation of Liability
THE LIABILITY OF PEPPR and its affiliates, employees, agents, representatives, and third-party service providers WITH RESPECT TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE SITE, THE CONTENT, OR THE SERVICES OBTAINED THROUGH THE SITE, WHETHER BASED ON WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF (i) THE AMOUNT PAID BY YOU AS SERVICE FEES FOR YOUR USE OF THE SITE AND THE SERVICES WITHIN THE [SIX (6) MONTHS] PRIOR TO THE EVENT UNDERLYING THE CLAIM, OR (ii) FIFTY U.S. dOLLARS ($50).
IN NO EVENT WILL PEPPR BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, OR OTHER CONSEQUENTIAL DAMAGES FOR ANY USE OF THE SITE, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS, OR OTHER DATA OR OTHERWISE, EVEN IF PEPPR IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
PEPPR respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide PEPPR’s copyright agent with the following information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
- Description of the copyrighted work that you claim has been infringed;
- The location on the Site of the material that you claim is infringing;
- Your address, telephone number, and e-mail address;
- A statement that your claim of infringement is based on a good faith belief; and
- A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
PEPPR’s agent for notice of claims of copyright infringement on the Site can be reached as follows:
Attn: Lyndsey Gruber
608 Butternut Lane
Liberty, MO 64068
Website Availability. PEPPR cannot guarantee the Site will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although PEPPR strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the Site are unavoidable and PEPPR disclaims any liability for damages resulting from such problems.
Typographical Errors. Information on the Site may contain technical inaccuracies or typographical errors. We attempt to make the Site’s postings as accurate as possible, but PEPPR does not warrant the content of the Site is accurate, complete, reliable, current, or error-free.