TERMS OF USE

Last Updated: January 5, 2024

IMPORTANT: THESE TERMS OF USE REQUIRE THE BINDING ARBITRATION OF DISPUTES AND WAIVE CERTAIN RIGHTS TO JURY TRIALS AND/OR CLASS ACTIONS, AS STATED IN THE "AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW" PROVISION BELOW. PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE AND SERVICES IN ANY WAY, AS THEY CONTAIN IMPORTANT INFORMATION.

OVERVIEW

This website, www.PoshPeanut.com, and any other website or mobile application you are accessing these Terms of Use (collectively, the "Websites") are provided by Posh Peanut INC (“Posh Peanut”, “we”, “us” or “our”). Any person accessing or using the Websites is referred to as "you". Posh Peanut offers the Websites, including all information, tools and services available from the Websites to you conditioned upon your acceptance of all terms, conditions, policies and notices stated herein. 

By visiting the Websites, using any function on the Websites (e.g. signing up for our mailing list, registering for an account, etc.) and/or purchasing something from us, you engage in our “Services” and agree to be bound by these terms and conditions (“Terms of Use”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by link such as our SMS Terms and Conditions and our Privacy Policy.  These Terms apply to all users of the Website, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content. 

Please read these Terms carefully before accessing or using our Websites. By accessing or using any part of our Websites, you agree to be bound by these Terms.  If you do not agree to all of these Terms, then you may not access or use the Websites or any services therein.

Any new features or tools which are added to the Websites shall also be subject to these Terms. You can review the most current version of these Terms at any time on this page.  We reserve the right to modify and/or change these Terms at any time, effective upon posting updated Terms (or parts thereof) and your notice of same. The Last Updated date of these Terms is set forth at the top of this page. It is your responsibility to check this page periodically for changes, modifications, amendments, etc. Your continued use of, or access to the Websites following the posting of any changes constitutes acceptance of those changes.

SECTION 1 – ONLINE STORE TERMS 

By agreeing to these Terms, you represent that you are at least the age of majority in your place of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.  Submissions to, and use of, the Websites are made available only to persons over the age of 13 and to persons who can form legally binding agreements under applicable law. The Website is not intended to be used by children under the age of 13 and children under the age of 13 are not to submit any personally identifying information through the Website. 

You may not use the Websites, Services, or products for any illegal or unauthorized purpose nor may you, in the use of the Services, violate any laws in your jurisdiction (including but not limited to intellectual property laws).  

You acknowledge and agree that you may only purchase products from us solely for your own personal, non-commercial use. You may not purchase any products or use any of our Services to further distribution or resale or for any other commercial or business purposes.   

You must not transmit any worms or viruses or any code of a destructive nature.  

A breach or violation of any of the Terms will result in an immediate termination of our Services. 

SECTION 2 - GENERAL CONDITIONS 

We reserve the right to refuse service to anyone for any reason at any time. 

You understand that your content (not including credit card information), may be transferred without encryption and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. 

The Websites, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Websites (collectively, the “Content”) are the property of us or our licensors, as applicable. The Websites and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

Posh Peanut grants you a limited license to access and make personal use of the Websites subject to these Terms.

You agree not to reproduce, duplicate, copy, frame, sell, resell or exploit any portion of the Websites and Services, use of the Websites and Services, or access to the Website and/or Services or any contact on the Websites through which any Services are provided, without our express written permission. 

SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION 

We are not responsible if information made available on the Websites is not accurate, complete or current.   All materials on the Websites are provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on the Websites is at your own risk. 

The Websites may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Websites at any time, including any improvements and/or changes in the descriptions of our products or Services. 

You agree that it is your responsibility to monitor changes to the Websites.

SECTION 4 - MODIFICATIONS TO PRODUCTS, SERVICES, AND PRICES 

Prices for our products and Services are subject to change without notice. 

We reserve the right at any time to modify or discontinue our products or Services (or any part thereof) without notice at any time. 

We shall not be liable to you or any third-party for any modification, price change, suspension or discontinuance of our products and/or Services (or any part thereof). 

SECTION 5 - PRODUCTS AND SERVICES 

Certain products or Services may be available exclusively online through the Websites. These products or Services may have limited quantities and are subject to return or exchange only according to our Return Policy. 

We have made every effort to display as accurately as possible the colors and images of our products that appear on the Websites. We cannot guarantee that your computer monitor's display of any color will be accurate 

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. All descriptions of products, Services, and related pricing are subject to change at any time without notice, at our sole and absolute discretion. Any offer for any product or Service made on the Websites is void where prohibited. Some products or services may have limited quantities and are subject to returns only according to our Return Policy.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

User Accounts 

Some of the products and Services available through or in connection with our Websites require you to register for an account.  There is a limit of one (1) account per individual and you may only establish an account if you are 18 years of age or over.   

To establish an account, you must complete the free registration process on the Websites. In addition to your name and contact information, you may be required to submit a valid credit card number, billing address, and related billing information in connection with your account. When you register for an account you must (i) provide complete, accurate and truthful information, and (ii) update such information from time to time as necessary to keep your registration information current and accurate.  If you provide any information that is, or that Posh Peanut has reasonable grounds to suspect is, untrue, inaccurate, not current, or incomplete, Posh Peanut has the right to suspend or terminate your account and refuse any and all current or future use of the Websites (or any portion thereof). By establishing an account, you represent and warrant that you have the right and are authorized to provide the information you provide when you register for the account. You are responsible for maintaining the confidentiality of your account information and password and for restricting access to such information and to your computer. All activities that occur under your account or password shall be your responsibility. You may not authorize others to use your account holder status, and you may not assign or otherwise transfer your account to any other person or entity. If you have reason to believe that your account is no longer secure, you must immediately notify us by contacting us at the contact information set forth at the end of these Terms. We will not be liable for losses, damages, liability, expenses, and fees incurred by us or a third party arising from someone else using your account regardless of whether you have notified us of such unauthorized use. You understand and agree that we may require you to provide information that may be used to confirm your identity and help ensure the security of your account.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right, at our sole discretion,  to cancel or refuse any order you place with us for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. 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 dealers, resellers or distributors.

Unless otherwise agreed to by Posh Peanut, payment must be received by Posh Peanut prior to acceptance of an order. Notwithstanding the foregoing, we may in our sole discretion choose not to charge your credit card until your order has been shipped. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information, or problems identified by our independent third-party payment processor. We will attempt to contact you if all or any portion of your order is canceled, or if additional information is required to accept your order.

You understand that products purchased by you and shipped to your designated location may be subject to applicable state or local sales or use tax, privilege tax, excise tax or similar transaction-based taxes (“Taxes”). The amount of Taxes is based on a number of factors, including but not limited to the amount of product purchased and your designated delivery address. Taxes and shipping costs are not included within the listed prices for products displayed on the Websites but are included as a separate line items and will be displayed to you before completion of any purchase.

Payment will be processed by Posh Peanut’s independent third-party payment processor, using the payment method you designate or that is designated in your account. If you would like to use a different payment method, please visit your account settings to update your billing information. We may charge another stored payment method if your default payment card is declined or no longer available to us.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. 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. 

SECTION 7 - OPTIONAL TOOLS 

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. 

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the Websites are entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). 

We may also, in the future, offer new services and/or features through the Websites (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms. 

SECTION 8 - THIRD-PARTY LINKS 

The Websites and/or Services may contain links to third-party websites or online services

Any access to and use of such third-party websites and online services are not governed by our Privacy Policy or these Terms but is instead governed by the privacy policies and terms of use of those third-party websites and online services. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites or online services, or for any other materials, products, or services of third-parties. 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites or online services. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party. 

SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you transmit, upload or post to our Websites, such as certain specific submissions (for example contest entries) or creative ideas, suggestions, proposals, plans, or other materials, (collectively, "comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. Furthermore, you hereby assign to Posh Peanut all intellectual property rights, and waive any moral, publicity or similar rights you have in any comments. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to monitor, edit or remove comments that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or Websites. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. 

You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

SECTION 10 - COPYRIGHT POLICY

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials posted on the Websites infringe your copyright, you (or your agent) may send Posh Peanut a “Notification of Claimed Infringement” requesting that the material be removed, or access to it blocked. The notice must include the following information:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of the works that have been allegedly infringed;
2. Identification of the copyrighted work alleged to have been infringed (or if multiple copyrighted works located on the Websites are covered by a single notification, a representative list of such works);
3. Identification of the specific material or link alleged to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Posh Peanut to locate the material on the Websites;
4. Your name, address, telephone number, and email address (if available);
5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Posh Peanut a counter-notice.

Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.copyright.gov/ for details. Notices and counter-notices with respect to the Websites should be sent to the contact address set forth at the end of these Terms. 

SECTION 11 - PERSONAL INFORMATION 

Your submission of personal information through the store and our site, including the acceptance and use of our cookies is governed by our Privacy Policy. You can view our Privacy Policy here https://poshpeanut.com/pages/privacy-policy

SECTION 12 - ERRORS, INACCURACIES AND OMISSIONS 

Occasionally there may be information on our Websites or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or Websites is inaccurate at any time without prior notice (including after you have submitted your order). 

We undertake no obligation to update, amend or clarify information in the Service or Websites, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or Websites, should be taken to indicate that all information in the Service or Websites has been modified or updated. 

SECTION 13 - PROHIBITED USES 

In addition to other prohibitions as set forth in these Terms, you are prohibited from using the Websites or its Content or the service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Websites or Services, or which, as determined by us, may harm us or users of the Websites or Services or expose them to liability; (h) to introduce, upload or transmit viruses, Trojan horses, worms, logic bombs or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (i) in any manner that could disable, overburden, damage, or impair the Websites or Services or interfere with any other party’s use of the Websites or Services; (j) to collect or track the personal information of others; (k) to spam, phish, pharm, pretext, spider, crawl, or scrape; (l) for any obscene or immoral purpose; (m) use any robot, spider or other automatic device, process or means to access the Websites or Services for any purpose, including monitoring or copying any of the materials on the Websites or Services; (l) use any manual process to monitor or copy any of the materials on the Websites or Services or for any other unauthorized purpose without our prior written consent; (m) use any device, software or routine that interferes with the proper working of the Websites or Services; or (n) to interfere with or circumvent the security features of the Service or Websites, other websites, or the Internet or otherwise attempt to interfere with the proper working of the Websites or Services.

You are further prohibited from violating or attempting to violate the security of the Websites and Services, including, without limitation, by (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Websites or Services or any portion thereof without authorization.

We reserve the right to terminate your use of the Service and/or Websites for violating any of the prohibited uses. 

SECTION 14 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Websites and/or Services will be continuously available, uninterrupted, timely, secure, error-free or that defects in the Websites or Services will be corrected.

You expressly agree that your use of, or inability to use, the Websites, Services and Content is at your sole risk. The Websites, Services, Content and products purchased through the Websites are (except as expressly stated by us) provided on an "as is" and "as available" basis for your use, and to the maximum extent permitted by applicable law, without any representations, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. 

Your sole remedy for dissatisfaction with the Websites, Services, Content or products purchased through the Websites is to stop using such Websites, Services, Content or products.

In no case shall Posh Peanut, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Websites, Services, Content or any products procured using the Websites, Services, Content or for any other claim related in any way to your use of the Websites, Services, Content or any product procured through the Websites or otherwise, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Websites, Services, Content (or product purchased) even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law. To the extent any aspects of the foregoing limitations of liability are not enforceable under applicable law, our maximum liability to you with respect to your use of the Websites, Services, Content or products purchased through the Websites or otherwise is one hundred dollars ($100.00). The foregoing limitations apply even if the remedies under these Terms fail of their essential purpose. 

Any claims arising in connection with your use of the Websites, Services, Content or products purchased through the Websites, including those that are subject to arbitration under Section 19 herein,  must be brought within one (1) year of the date of the event giving rise to such action occurred.

SECTION 15 - INDEMNIFICATION 

You agree to indemnify, defend and hold harmless Posh Peanut and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party, or from our termination of your access to or use of the Websites or Services.  

SECTION 16 - SEVERABILITY 

In the event that any provision of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions. 

SECTION 17 - TERMINATION 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. 

These Terms are effective unless and until terminated. 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate these Terms of Service at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Websites and/or Services (or any part thereof). Such termination will not affect either party’s rights or obligations, which accrued before the termination.

SECTION 18 - ENTIRE AGREEMENT 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

These Terms and any policies or operating rules posted by us on the Website or in respect to the Services constitutes the entire agreement and understanding between you and us and govern your use of the Websites and Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

SECTION 19 – AGREEMENT TO ARBITRATE DISPUTES AND CHOICE OF LAW

PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.  

WE BOTH AGREE TO ARBITRATE: you and Posh Peanut agree to resolve any claim arising out of or relating to the sale and purchase of our products (whether through our Websites or otherwise) through final and binding arbitration, rather than in court, except that you or we (1) may assert claims in small claims court if your or our claims qualify, and (2) bring suit in any court of competent jurisdiction to enjoin infringement or other misuse of intellectual property rights, including with respect to temporary restraining orders.

WHAT IS ARBITRATION? Arbitration is more informal than a lawsuit in court and seeks to resolve disputes more quickly and privately. Instead of a judge or a jury, the case will be decided by a neutral arbitrator who has the power to award the same damages and relief that a court can (including injunctive and declaratory relief or statutory damages). Court review of an arbitration award is limited. 

ARBITRATION PROCEDURES: The Federal Arbitration Act and federal arbitration law shall apply to this Arbitration agreement. At least 30 days before beginning an arbitration proceeding, you must send an individualized letter, personally signed by you, identifying yourself by full name and contact information, your legal claims in sufficient detail, the requested relief and requesting arbitration to Legal Department, 2029 Century Park East, 6th Floor, Los Angeles, CA 90067 by certified mail, Federal Express, UPS or USPS express mail (signature required). We will do the same; except in the event that we do not have a physical address on file for you, by electronic mail to the last known mailing or billing address. Either party may elect to engage in a video-conference with the other, with their attorneys if they so choose, within the 30-day pre-arbitration period to discuss informal resolution of the matter. Such election shall occur in writing, and the other party may not refuse such conference once elected. The election must be made within the 30-day period; however, the conference may occur outside this period. Any applicable statutory limitations period for filing claims shall be stayed pending this pre-arbitration dispute resolution period, which shall end at the close of business on the day the elected conference takes place, unless otherwise extended in writing by the parties. 

Arbitration shall be initiated through JAMS. However, any dispute, controversy, or claim arising out of or relating to arbitrability or the enforcement of these Terms shall be delegated to a court of law. 

Except as otherwise stated herein, all arbitrable claims shall be referred to and finally determined by arbitration in accordance with the JAMS applicable Arbitration Rules and Procedures in front of one arbitrator, and not a panel. The JAMS Rules and instructions for how to initiate an arbitration are available from JAMS at http://www.jamsadr.com or 1-800-352-5267.

Payment of administration and arbitrator fees will be governed by JAMS rules, except all of the filing fees will be paid by the filing party. If you are a prevailing party, you may seek reimbursement of your fees and costs. However, Posh Peanut may seek its attorney’s fees and costs if the arbitrator finds your claims to be frivolous or brought in bad faith. If there is a conflict between JAMS rules and the rules set forth in these Terms, the rules set forth in these Terms will govern.

Arbitration under these Terms shall be held in the United States in Los Angeles, California under California law without regard to its conflict of laws provisions. If traveling to Los Angeles, California is a burden, you may participate in the arbitration by phone or via document submission to the fullest extent allowable by the arbitrator. The arbitrator may award on an individual basis the same damages and relief as a court (including injunctive relief). Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  

This arbitration agreement will survive termination of the agreement. 

AUTHORITY OF ARBITRATOR: The arbitrator will decide the rights and liabilities, if any, of you and Posh Peanut, and the dispute will not be consolidated with any other matters or joined with any other cases or parties. However, if there are multiple (more than five) or “mass” filings initiated by the same counsel or coordinated efforts with the same law firms, involving the same or similar claims, then the responding party shall seek coordination in front of a single arbitrator, and waiver of individual arbitration fees and costs associated with such arbitrations. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim(s). The arbitrator shall have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the JAMS Rules, and these Terms. 

The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us. 

NO CLASS ACTIONS: We each agree that any dispute resolution proceedings or lawsuits, whether in arbitration or in a court of law, will be conducted only on an individual basis and not in a class, consolidated, or representative action. Therefore, you waive all rights to bring claims on behalf of a class of persons; however, you may still bring an individual claim for public injunctive relief and in small claims court. Nothing in this provision, however, should operate to prevent the parties from settling claims on a class-wide basis.

WAIVER OF JURY TRIAL: THE PARTIES HEREBY 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 and disputes shall be resolved by arbitration. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in court and are subject to very limited review by a court. In the event any litigation should arise between you and Posh Peanut 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, instead electing that the dispute be resolved by a judge. 

CHOICE OF LAW/FORUM SELECTION: In any circumstances where this Section 19 (Agreement to Arbitrate Disputes and Choice of Law) permits the parties to litigate in court, these Terms shall be governed by and construed in accordance with the laws of the State of California, excluding its conflict of law rules. You further expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in the Southern District of California.

SECTION 20 - CONTACT INFORMATION

Questions about these Terms should be sent to us at help@poshpeanut.com

For general questions, feel free to email us at info@poshpeanut.com

 

 

Mobile Terms of Service

Posh Peanut

Last updated: January 5, 2024

The Posh Peanut mobile message service (the "Service") is operated by Posh Peanut (“Posh Peanut”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features without notice. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.

By consenting to Posh Peanut’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Posh Peanut through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).

You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Posh Peanut. Your participation in this program is completely voluntary.

We do not charge for the Service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.

You may opt-out of the Service at any time. Text the single keyword command STOP to 91764 (+18885511496 in Canada) or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Posh Peanut mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

For Service support or assistance, text HELP to 91764 or +18885511496 in Canada or email customercare@poshpeanut.com.

We may change any short code or telephone number we use to operate the Service at any time and will notify you of these changes. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received and we will not be responsible for honoring requests made in such messages.

The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

We respect your right to privacy. To see how we collect and use your personal information, please see our Privacy Policy.