TERMS OF USE

(Date of Last Revision: September 10, 2019)

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 venue listings and information; edit active venue listings; view listings and information about venues; request a reservation for an event; provide feedback regarding venues (collectively, the “Services”).

This Terms and Conditions of Use Agreement (“Terms of Use”) constitutes a binding agreement between you and PEPPR.  Please read carefully through all sections of this Terms of Use.  Your access to and use of the Site is subject to this Terms of Use and all applicable laws, and PEPPR reserves the right to terminate your access to the Site if you violate this Terms of Use.  If you do not agree to this Terms of Use, then you may not use the Site.  This Terms of Use may be changed by us from time to time without notice to you and the governing version will be posted on the Site.  Please review the posted terms on a regular basis as your use of the Site will be governed by the then-current Terms of Use and Privacy Policy (defined below).

User Registration

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.

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.

Proprietary Rights

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 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 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 all trademarks and service marks appearing on the Site.  The unauthorized use or misuse of these trademarks and service marks is prohibited.

Online Payments

We use a third-party payment processor to process online payment.  Your use of the third-party payment processor, Stripe, Inc., is governed by such processor’s terms of use, available at https://stripe.com/checkout/legal, and privacy policy, available at https://stripe.com/privacy.  By using the third-party payment processor, you agree to be bound by its terms of use.  As a condition of PEPPR enabling payment processing services through Stripe, Inc., you agree to provide PEPPR accurate and complete information about you and/or your business, and you authorize PEPPR to share it and transaction information related to your use of the payment processing services provided by our third-party payment processor.  PEPPR reserves the right to switch third-party payment processors or use alternate or backup vendors at its discretion.

Except as provided herein, there will be no refunds for any deposit received in connection with a reservation made on the Site or with the Services.

Users will pre-pay the deposit associated with the reservation for the venue at the time of placing the reservation.  A user who cancels his or her reservation (i) before the subject venue has accepted the reservation, or (ii) more than ten (10) days before the scheduled reservation start time shall be entitled to a full refund of the deposit.  A user who cancels his or her reservation after the subject venue has accepted the reservation and less than ten (10) days before the scheduled reservation start time, but more than twenty-four (24) hours before the scheduled reservation start time, shall be entitled to a fifty percent (50%) refund of the deposit minus our service fee.  A user who cancels his or her reservation after the subject venue has accepted the reservation and and less than twenty-four (24) hours before the scheduled reservation start time shall not be entitled to a refund of the deposit.  If the venue cancels your reservation, we will give you a full 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 reservation 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 reservation, and have used reasonable efforts to remedy the situation with the venue 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 reservation through the Services.  PEPPR will not be responsible for providing any additional refund or damages above and beyond such amount.

PEPPR LLC

info@planwithpeppr.com

Use of Personal Data

You acknowledge and agree to PEPPR’s collection and use of your Personal Information as described in the “Privacy Policy.”

Your Communications to the Site

Except to the extent your content or communications to PEPPR include Personal Information (defined in the Privacy Policy), by forwarding any content or communications to PEPPR through the Site or by other electronic means, you thereby grant PEPPR a perpetual, royalty-free, world-wide, irrevocable, non-exclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services.   No compensation will be paid to you with respect to PEPPR’s or its sublicensees’ use of your communications.  By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Prohibited Activities

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.

User Contributions

The Site may contain user profiles, venue listings, 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.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

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.
  • All of your User Contributions do and will comply with these Terms of Use.

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.

Content Standards

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.
  • Violate the legal right, including the rights of publicity and privacy, of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use.
  • 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.

Minimum Age

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.

Indemnification

You agree to indemnify, defend, and hold harmless PEPPR and its affiliates, employees, agents, representatives, and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties, and expenses that may arise from any of your acts through the use of the Site.  Such acts may include but are not limited to: (i) your User Contributions; (ii) providing content to or communicating with PEPPR or its affiliates; (iii) unauthorized use of material obtained through the Site; (iv) engaging in a prohibited activity; or (v) any other action that breaches these Terms of Use.

Third-Party Links

The Site may contain links to other third-party websites.  Such third-party websites are maintained by persons or organizations over which PEPPR exercises no control.  Your use of these third-party websites is governed by the terms of use and privacy policy of such websites.  PEPPR expressly disclaims any responsibility for the content or results from your use of such third-party websites.

Copyright Complaints

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:

PEPPR LLC

Attn: Lyndsey Gruber

608 Butternut Lane

Liberty, MO 64068

info@planwithpeppr.com

816-507-2510

Miscellaneous Provisions

Assignment.  PEPPR may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Severability.  If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable.  If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

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.

Headings.  Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Controlling Law and Venue.  It is understood and agreed that all the construction and interpretation of these Terms of Use and the relationship between the parties shall at all times and in all respects be governed by the internal laws of the State of Missouri, without giving effect to the conflict of laws provisions thereof.  Venue of any action brought to enforce or relating to these Terms of Use or arising out of the relationship between the parties shall be brought exclusively in the courts of Kansas City, Missouri.

Questions

If you have any questions or comments about these Terms of Use or this Site, please contact us by email at info@planwithpeppr.com.