Terms of service
General
This website (the “Website”) is owned, operated, and distributed by Avianaya, LLC d/b/a A Pea in the Pod, a Delaware limited liability company (“A Pea in the Pod”). By accessing any part of the Website, you agree to the terms and conditions described below (the “Terms of Use”) and the terms and conditions of the A Pea in the Pod Privacy Policy (the “Policy”). If you do not agree to any of these terms, you should not use the Website. These Terms of Use apply to all users, including those simply viewing the Website and those purchasing goods through the Website.
You acknowledge that A Pea in the Pod may terminate your account, remove any data or content you have provided, and/or disable your access to the Website, in whole or in part, at any time for any reason or no reason, with or without notice and with no liability of any kind. Additionally, A Pea in the Pod may modify or remove any service or functionality on the Website at any time, with or without notice, and with no liability of any kind.
These Terms of Use, and any rights or licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by A Pea in the Pod without restriction.
Use of the Website is available only to individuals who are at least 13 years old. If you are not 13 years old, you are not authorized to use the Website.
A Pea in the Pod may, at its sole discretion, modify these Terms of Use at any time. By accessing the Website after such modifications, you agree to the revised terms. These Terms of Use were last modified as of August 21, 2013.
Transactions on the Website
A Pea in the Pod reserves the right to refuse any order placed on the Website and may, at its sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed under the same customer account, the same credit card, and/or those using the same billing or shipping address. If A Pea in the Pod makes a change to or cancels an order, it will attempt to notify you using the email and/or billing address or phone number provided at the time of purchase. A Pea in the Pod also reserves the right to limit or prohibit orders that, in its sole judgment, appear to be placed by dealers, resellers, or distributors, or to refuse service to any customer for any reason.
Product Information
Many products displayed on the Website are also available in select A Pea in the Pod stores in the United States. All prices on the Website are quoted in U.S. Dollars. Certain products are available exclusively online. Occasionally, the Website may contain typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, and availability. A Pea in the Pod reserves the right to correct any such errors and to change or update information or cancel orders if any Website information is inaccurate, at any time and without prior notice (including after an order has been submitted). While we make every effort to display product colors accurately, we cannot guarantee that your monitor will render them correctly.
Links to Other Websites and Services
The Website may contain links to other websites that are not operated or controlled by A Pea in the Pod. A Pea in the Pod is not responsible for the content of these external sites, and such links do not constitute an endorsement. They are provided solely for your convenience and information.
User Submissions
Content submitted by users for public view on the Website is referred to as “User Submissions.” You are solely responsible for your User Submissions and the consequences of posting them. You represent and warrant that you own or have all necessary licenses, rights, consents, and permissions to publish your User Submissions, and to authorize A Pea in the Pod to use them as described in these Terms of Use.
You retain all ownership rights in your User Submissions. However, by submitting them, you grant A Pea in the Pod an irrevocable, perpetual, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Submissions in any media format now or hereafter known. You also grant each Website user a non-exclusive license to access, use, reproduce, distribute, display, and perform your User Submissions through the Website in accordance with its features and these Terms of Use.
A Pea in the Pod does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and expressly disclaims all liability in connection with User Submissions. A Pea in the Pod reserves the right to remove any User Submission (or to refuse publication of any Submission) at any time for any reason, without prior notice, and to terminate or deny access to the Website for any reason.
Intellectual Property Rights
A Pea in the Pod is a provider of an interactive computer service under 47 U.S.C. § 230 and assumes limited liability for the conduct and information of others as outlined in that section. Additionally, A Pea in the Pod is a service provider under the Digital Millennium Copyright Act (“DMCA”).
If you are a copyright owner and believe that content on the Website infringes your rights, you may file a notice in compliance with the DMCA by sending a written communication to:
A Pea in the Pod, DMCA Infringement Notification Dept.,
927 Broadway, 2nd Floor, New York, NY 10010
Email: info@apeainthepod.com
Your notice must include the elements outlined in the DMCA. (See www.copyright.gov/title17/92chap5.html#512) Be aware that if you knowingly misrepresent a claim of infringement, you may be liable for damages, including attorneys’ fees.
Warranty Disclaimer and Limitation of Liability
YOU AGREE THAT YOUR USE OF THE WEBSITE AND PRODUCTS PURCHASED THEREFROM IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND PRODUCTS ARE PROVIDED “AS IS” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, A PEA IN THE POD DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
- ERRORS OR INACCURACIES IN CONTENT;
- PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE WEBSITE OR PRODUCTS;
- UNAUTHORIZED ACCESS TO OR USE OF A PEA IN THE POD’S SECURE SERVERS OR STORED INFORMATION;
- INTERRUPTION OR CESSATION OF TRANSMISSION;
- BUGS, VIRUSES, TROJAN HORSES, OR OTHER MALWARE TRANSMITTED THROUGH THE WEBSITE BY A THIRD PARTY.
IN NO EVENT SHALL A PEA IN THE POD BE LIABLE FOR:
- INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES;
- DAMAGES FOR LOST PROFITS, LOSS OF DATA, OR SUBSTITUTE GOODS OR SERVICES;
- DIRECT DAMAGES IN EXCESS OF $100 IN THE AGGREGATE.
Miscellaneous
You agree that the Website shall be deemed a passive service based solely in New York and shall not give rise to personal jurisdiction over A Pea in the Pod in jurisdictions other than New York. These Terms of Use are governed by the internal laws of the State of New York, without regard to conflict of laws principles. Any dispute arising out of or related to the Website shall be subject to the exclusive jurisdiction of state and federal courts located in New York, New York.
These Terms of Use, along with the Privacy Policy and any other legal notices on the Website, constitute the entire agreement between you and A Pea in the Pod. If any provision is found invalid by a court of competent jurisdiction, the remaining provisions shall remain in full force and effect.
No waiver of any term shall be deemed a further or continuing waiver of that term or any other term. A Pea in the Pod’s failure to assert any right under these Terms shall not constitute a waiver of such right.
TO THE FULLEST EXTENT PERMITTED BY LAW, NO CLAIM UNDER THESE TERMS OF USE MAY BE JOINED TO ANY OTHER CLAIM, INCLUDING ANY CLAIM INVOLVING ANOTHER CURRENT OR FORMER USER OF THE WEBSITE, AND NO CLASS ACTION PROCEEDINGS SHALL BE PERMITTED. No claim, action, or proceeding may be brought by you more than three (3) years after the cause of action has arisen.
Most communications between you and A Pea in the Pod will be electronic. You agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement that such communications be in writing.