TERMS OF SERVICE FOR J.W. PEPPER WEBSITES AND SERVICES
These are the terms and conditions (these "Terms") of your use of jwpepper.com (the "J.W. Pepper Site"). Please read these Terms carefully before using or accessing any pages at the J.W. Pepper Site.
Certain areas of the J.W. Pepper Site and other web sites we or our affiliates may maintain may have their own terms of service, which govern their use. In addition, any purchases or downloads of music or other products or services provided by the J.W. Pepper Site or affiliated or related web sites may be subject to terms of sale or service. By accessing, browsing, or otherwise using those areas or functions, or purchasing music, or other products or services, you acknowledge and consent to their particular terms.
The J.W. Pepper Site is provided as a service for public visitors ("you," "your," "user" or "users"), for users' information, for their viewing of publicly available information, and to facilitate users' purchases of music (in whatever genre, form or format, including sound and/or video files, graphics, sheet music, paper, in streaming or downloadable form) and other products and services we provide from time to time (the "Intended Purpose").
Authorized Access to the J.W. Pepper Site
If a user is under the age of 18, a parent or guardian must consent to the user's registration of a user profile before access will be granted to certain areas and functions of the J.W. Pepper Site, including purchases of products and services.
Users of the J.W. Pepper Site may only access those portions of the J.W. Pepper Site made specifically available to them. Any access or attempted access to other portions or functions of the J.W. Pepper Site is strictly prohibited and may result in the imposition of civil and criminal penalties.
Authorized Use of the J.W. Pepper Site
The J.W. Pepper Site may be used solely for the Intended Purpose. All other uses of the J.W. Pepper Site are strictly prohibited. The J.W. Pepper Site may be used solely for lawful purposes. The transmission, storage, or presentation of any information, data, or material in violation of any law, rule or regulation is strictly prohibited. We will comply with all applicable laws, rules or regulations and, in the event of any conflict with these Terms, such laws, rules and regulations shall take precedence.
You agree that any information you provide to us or upload to the J.W. Pepper Site will be accurate and truthful. Any conduct by you that, in our opinion, restricts or inhibits any other user from using or enjoying the J.W. Pepper Site will not be permitted.
You agree not to impersonate any other person or entity or use any false name or use any other person's user login or password to access the J.W. Pepper Site. We reserve the right to withdraw or cancel any user logins and passwords at any time without notice and in our sole discretion. We may allocate (or refuse to allocate) a new user login and password where we have reason to believe that any user login and password has been inappropriately disclosed, discovered, used or misused or otherwise compromised by any person, or for any other reason.
You hereby warrant that any feedback, message content or other materials you upload or transmit to us will be owned or properly licensed by you and will not adversely impact the J.W. Pepper Site or violate any rights of any third parties and that all required clearances have been obtained.
You agree that any user profiles you create may be viewed by other users of the J.W. Pepper Site; this includes any profile photo or avatar you provide. Any information you choose to display on your profile may be viewed by other members of the J.W. Pepper Site and may be used to send you unsolicited messages.
You acknowledge and agree that you will not upload or transmit to J. W. Pepper any information or material that violates or infringes, in any way, the rights of others (including their copyrights, patents, trademarks or trade secrets), or which is unlawful, threatening, abusive, defamatory, libelous, invasive of the privacy of others, violates proprietary or publicity rights, or is vulgar, obscene, profane, harassing or otherwise objectionable to us and that we may delete or block any such material, in our absolute discretion.
We take no responsibility to filter, censor, edit or regulate information and content provided by you or others on the J.W. Pepper Site, including content uploaded in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. However, we reserve the right to remove or delete anything you post, disclose or otherwise offer to us by or through the J.W. Pepper Site, including email, postings, product ratings or reviews which we find offensive, abusive, infringing or undesirable for any reason in our discretion.
Framing, mirroring, scraping or data-mining of the J.W. Pepper Site or any of its contents in any form or by any method (using bots or otherwise) is strictly prohibited. You acknowledge and agree that you will not upload or transmit through the J.W. Pepper Site any information or material that could cause or introduce a software virus, denial-of-service, or other disruptive program.
The J.W. Pepper Site is designed for adult users. If you have registered a user profile on behalf of a minor (as a parent, guardian or otherwise), or otherwise authorized a minor to use your registered user login and password to access the J.W. Pepper Site, you are fully responsible for (i) the online conduct of such user; (ii) any purchases made by such user, (iii) controlling the user's access to and use of the J.W. Pepper Site; and (iv) the consequences of any use or misuse. J.W. Pepper requires that the parents or legal guardian of a minor confirm the minor's authority and affirmatively consent to the use of the J.W. Pepper Site by such minor and to any transactions the minor may initiate. J.W. Pepper reserves the right (but not the duty) to provide access to a minor's account to the minor's parents, guardian or other authorized adult, upon such adult's request consistent with applicable law.
Protection of Information
Ownership and Copyright
The J.W. Pepper Site is our property (or the property of our business partners and/or licensed to us) including brands, music and other products, prices, services and promotional programs, advertising, trademarks, audio and video, images, featured articles, surveys, applications, contests, sweepstakes, or other information and content (collectively, "Content"), each of which (whether registered or not) is protected under copyright and trademark laws and/or other laws, rules and regulations of the United States and other countries.
Specifically, the J.W. Pepper Site is copyrighted as our collective work under the copyright laws. We own the copyright in the overall design, layout, appearance, selection, coordination, arrangement and enhancement of such content, and own the rights in (or possess a license to use) the individual components of such Content. Content may not be copied, reproduced, republished, modified, uploaded, posted, transmitted or distributed in any way or decompiled, reverse engineered or disassembled. Your access to Content is not a transfer of title in any Content, and by your use of the J.W. Pepper Site, you acknowledge that you do not acquire any license, ownership or other rights to the Content or any intellectual property in or related to any such Content. J.W. Pepper does not grant any express or implied right or license to you under any patent, trademark, copyright, trade secret, or any other intellectual property displayed on, connected to, or related to the J.W. Pepper Site.
YOU RECOGNIZE AND UNDERSTAND THAT PURCHASING OR DOWNLOADING OF ANY MUSIC OR OTHER MATERIALS IN PRINTED OR ELECTRONIC FORM FROM US CONFERS ONLY THE LIMITED RIGHT TO POSSESS THE PARTICULAR COPIES OF THE MUSIC OR OTHER MATERIAL YOU PURCHASE OR DOWNLOAD, AND MAY NOT CONFER RIGHTS THAT ARE NEEDED TO PERFORM, COPY, ARRANGE, RECORD, PUBLISH, BROADCAST, DISPLAY OR DO ANYTHING ELSE WITH IT. YOU ARE SOLELY RESPONSIBLE FOR OBTAINING WHATEVER RIGHTS ARE NEEDED FOR SUCH ADDITIONAL USES.
Use or modifications of the Content without our express written authorization or the express written authorization of the copyright owner may be a violation of our copyright, trademark and other proprietary rights or the rights of others, and may violate other laws, including but not limited to, the laws of privacy and publicity and communications regulations and statutes. The use of any of our Content on any other web site without our express written authorization or the express written authorization of the copyright owner is prohibited.
We reserve the right to enforce our intellectual property rights to the fullest extent of the law including, but not limited to, recovery for any damages and any associated legal and other costs incurred by us and criminal prosecution when and where appropriate.
We may provide you with a means to provide feedback, ideas, testimonials, reviews, or suggestions ("Feedback") regarding the J.W. Pepper Site. If you choose to provide Feedback to us, you agree that you retain no rights in such Feedback. J.W. Pepper shall own all rights, including intellectual property rights, thereto. You hereby assign all such rights to J.W. Pepper. By providing Feedback to us, you warrant that such Feedback constitutes your original work and grant to us, the unlimited, perpetual right to own, use, redistribute, modify and create derivative works from such Feedback for any purpose and in any media without compensation, and you warrant that you waive all "moral rights" in such Feedback.
Disclaimers and Limitations of Liability
You acknowledge that the J.W. Pepper Site is provided "as is" and without any warranties of any kind whatsoever. Neither we, nor any of our employees or agents, warrant that the J.W. Pepper Site will be always available, or that our services will be uninterrupted, error free, or free from viruses or other harmful components. We are not responsible for and hereby disclaim any warranties, either expressed or implied, regarding the quality, accuracy, or validity of the information and/or its completeness including, but not limited to, information and advertising appearing on or linked to the J.W. Pepper Site.
WE EXPRESSLY DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Under no circumstances will J.W. Pepper, our officers, employees, directors, affiliates or subsidiaries or other third parties mentioned in, or involved in creating, producing, or delivering the J.W. Pepper Site be liable for any compensatory, direct, incidental, consequential, indirect, special or punitive damages whatsoever (including, without limitation, costs and expenses of any type incurred, lost profits, lost data or programs, and business interruption) arising out of your access to, use of, inability to use or the results or use of the J.W. Pepper Site, any web sites linked to our site, or any materials contained at any or all such sites (including, without limitation, those caused by or resulting from a failure of performance, error, omission, linking to other web sites, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure or destruction, unauthorized access to, alteration of, or use or misuse of any computer or system) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory and whether or not we were advised of the possibility of such damages. We shall have no liability or responsibility for any acts, omissions or conduct of any user or other third party.
To the extent some jurisdiction does not allow the exclusion of certain warranties, some of the above exclusions may not apply to you. In such jurisdictions you agree that J.W. Pepper's maximum liability related to the J.W. Pepper Site shall be $100.00.
The J.W. Pepper Site may contain links to other third party websites or resources, including sources of music and other products, articles, photographs, text, graphics, pictures, designs, audio and video, information, quotes, applications, software and other content or items belonging to or originating from third parties (the "Third-Party Materials"). We do not investigate, monitor or check Third-Party Materials for safety, accuracy, appropriateness, legality, freedom from infringement, timeliness, authenticity, reliability, or completeness, and we have no control over such Third- Party Materials accessed through the J.W. Pepper Site, or for any Third-Party Materials posted on, available through or installed from the J.W. Pepper Site, including without limitation, the content, accuracy, offensiveness, appropriateness, opinions, reliability, legality, freedom from infringement, privacy practices or other policies of or contained in the Third-Party Materials. Inclusion of, linking to or permitting the use or installation of any Third-Party Materials does not imply approval or endorsement thereof by us. You acknowledge and agree that we bear no responsibility for the availability of such external sites or resources.
You assume all responsibility and risk for the use of the J.W. Pepper Site and the Internet in general. We are not responsible for any damage to your computer, mobile device or any other equipment or any corruption, unauthorized access to or loss of data that may result from your use of the J.W. Pepper Site. You assume the entire cost of all servicing, repair, correction, virus "disinfection," data recovery or reconstruction that may be necessary for your computer equipment, software and data as a result of visiting the J.W. Pepper Site. J.W. Pepper has no legal duty to update or correct information on this website or the internet in general.
J.W. Pepper has attempted to properly display the colors and proportions of our products and services shown on the J.W. Pepper Site. However, colors and proportions may not appear accurately depending on your equipment.
Users agree to provide us with accurate and complete billing information for any purchases they make, and for any areas of the J.W. Pepper Site which require fees to access, and to update this information immediately if any change occurs.
Users agree to timely pay any and all prices and fees due for purchases when due. Payments are not refundable unless agreed by J.W. Pepper.
Failure to pay will result in the suspension or termination of your use of your J.W. Pepper Site, and loss of access to any Content, Feedback or other data the user has uploaded.
Termination for Breach of These Terms or Other Reasons
J.W. Pepper may suspend or terminate your account and/or your ability to use the J.W. Pepper Site or any services on the site for failure to comply with these Terms, for providing J.W. Pepper with untrue or inaccurate information about yourself, for infringement upon J.W. Pepper's proprietary rights, or for any other reason whatsoever or for no reason.
We reserve the right to monitor our systems electronically and to access and disclose any information as permitted or required by any law, regulation or other governmental request in order to operate our systems properly, to protect J.W. Pepper or our accountholders, business partners, or other constituents, or for any other reason we in good faith deem necessary.
Digital Millennium Copyright Act ("DMCA") Notice
Third Party Materials and other materials may be made available via the J.W. Pepper Site by third parties not within our control. This may include music and other products we sell that are the copyrighted works of publishers, content uploaded by users and other materials. We are under no obligation to, and do not, scan content posted or otherwise attempt to confirm that such content does not infringe. However, we respect the copyright interests of others. It is our policy not to permit materials known by us to infringe another party's copyright or intellectual property rights to remain on the J.W. Pepper Site. If you believe any materials on the J.W. Pepper Site infringe a copyright or other intellectual property right, you should provide us with written notice that at a minimum contains:
• A physical or electronic signature of the copyright holder or authorized representative;
• Identification of the copyrighted work you believe to be infringed. Please describe the work and, where possible, include a copy or the location, e.g., URL, of an authorized version of the work;
• Identification of the material that you claim to be infringing or to be the subject of the infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit J.W. Pepper to locate the material;
• Your name, address, telephone number and, if available, e-mail address;
• A statement that you have a good faith belief that the use of the materials is not authorized by the copyright owner, its agent or the law; and
• A statement that the information that you have supplied is accurate and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.
DMCA Notices should be directed by email to: firstname.lastname@example.org or by mail to: J.W. Pepper & Son, Inc., 191 Sheree Blvd., Exton, PA 19341.
It is J.W. Pepper's policy to accommodate and not interfere with standard technical measures used by copyright owners to identify or protect copyrighted works that J.W. PEPPER determines are reasonable under the circumstances.
J.W. Pepper Trademarks
Logos and designs and other trademarks displayed on the J.W. Pepper Site are our trademarks unless otherwise indicated. You agree not to display or use any logo or other trademark of J.W. Pepper in any manner without our prior, written consent. Company's Right to Provide Advertisements and Promotional Materials By accepting these Terms, you agree to receive advertising, marketing materials, and other promotional communications from us. Periodic advertising and notifications from or about us and our products and services will normally be, but is not limited to, email and other electronic or other communication. If you do not wish to receive some or all e-mail marketing communications from us, unsubscribe here at any time: email@example.com.
You are prohibited from violating the security of any system or network comprising the J.W. Pepper Site or its products and services. Such violations may result in criminal and civil liability.
No Injunctive Relief
IN NO EVENT SHALL YOU SEEK OR BE ENTITLED TO RESCISSION, INJUNCTIVE OR OTHER EQUITABLE RELIEF, OR TO ENJOIN OR RESTRAIN THE OPERATION OF THE J.W. PEPPER SITE, EXPLOITATION OF ANY ADVERTISING OR OTHER MATERIALS ISSUED IN CONNECTION THEREWITH, OR EXPLOITATION OF THE J.W. PEPPER SITE OR ANY CONTENT OR OTHER MATERIAL USED OR DISPLAYED THROUGH THE J.W. PEPPER SITE.
AT J.W. PEPPER'S ELECTION, ALL DISPUTES, CLAIMS, OR CONTROVERSIES ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES THAT ARE NOT RESOLVED BY MUTUAL AGREEMENT MAY BE RESOLVED BY BINDING ARBITRATION TO BE CONDUCTED BEFORE JAMS, INC. OR ITS SUCCESSOR ("JAMS"). UNLESS OTHERWISE AGREED BY THE PARTIES, ARBITRATION SHALL BE HELD IN WEST CHESTER, PENNSYLVANIA BEFORE A SINGLE ARBITRATOR MUTUALLY AGREED UPON BY THE PARTIES, OR IF THE PARTIES CANNOT MUTUALLY AGREE, A SINGLE ARBITRATOR APPOINTED BY JAMS, AND WILL BE CONDUCTED IN ACCORDANCE WITH THE RULES AND REGULATIONS PROMULGATED BY JAMS UNLESS SPECIFICALLY MODIFIED IN THESE TERMS. THE ARBITRATION MUST COMMENCE WITHIN FORTY-FIVE (45) DAYS OF THE DATE ON WHICH A WRITTEN DEMAND FOR ARBITRATION IS FILED. THE ARBITRATOR'S DECISION AND AWARD WILL BE MADE AND DELIVERED WITHIN SIXTY (60) DAYS OF THE CONCLUSION OF THE ARBITRATION AND WITHIN SIX (6) MONTHS OF THE SELECTION OF THE ARBITRATOR. THE ARBITRATOR WILL NOT HAVE THE POWER TO AWARD DAMAGES OF ANY SORT OR AMOUNT DISCLAIMED IN OR LIMITED BY THESE TERMS AND MAY NOT MULTIPLY ACTUAL DAMAGES OR AWARD PUNITIVE DAMAGES. THE ARBITRATOR MAY, IN HIS OR HER DISCRETION, ASSESS COSTS AND EXPENSES (INCLUDING THE LEGAL FEES AND EXPENSES OF THE PREVAILING PARTY) AGAINST ANY PARTY TO A PROCEEDING. ANY PARTY REFUSING TO COMPLY WITH AN ORDER OF THE ARBITRATOR WILL BE LIABLE FOR COSTS AND EXPENSES, INCLUDING ATTORNEYS' FEES, INCURRED BY THE OTHER PARTY IN ENFORCING THE AWARD. NOTWITHSTANDING THE FOREGOING, IN CASE TEMPORARY OR PRELIMINARY INJUNCTIVE RELIEF OR OTHER EQUITABLE RELIEF IS APPROPRIATE, A PARTY MAY PROCEED IN COURT WITHOUT PRIOR ARBITRATION FOR THE PURPOSE OF AVOIDING IMMEDIATE AND IRREPARABLE HARM. THE PROVISIONS OF THIS ARBITRATION SECTION AND ANY AWARD RENDERED BY THE ARBITRATOR WILL BE ENFORCEABLE IN ANY COURT OF COMPETENT JURISDICTION.
Jury Trial Waiver
UNLESS J.W. PEPPER ELECTS TO ARBITRATE THE MATTER, ANY CLAIM RELATING TO ANY CONTROVERSY INVOLVING THESE TERMS OR THE SERVICES SHALL BE TRIED BEFORE A JUDGE AND NOT A JURY.
Class Action Waiver
ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, REPRESENTATIVE, MULTIPLE PLAINTIFF, OR SIMILAR PROCEEDING ("CLASS ACTION"). YOU EXPRESSLY WAIVE ANY ABILITY TO MAINTAIN ANY CLASS ACTION IN ANY FORUM. NO ARBITRATOR OR COURT SHALL HAVE THE AUTHORITY TO COMBINE OR AGGREGATE SIMILAR CLAIMS OR CONDUCT ANY CLASS ACTION NOR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A PARTY TO THE ARBITRATION OR COURT CASE. ANY CLAIM THAT ALL OR PART OF THIS CLASS ACTION WAIVER IS UNENFORCEABLE, UNCONSCIONABLE, VOID, OR VOIDABLE MAY BE DETERMINED ONLY BY A COURT OF COMPETENT JURISDICTION AND NOT BY AN ARBITRATOR.
YOU UNDERSTAND THAT EXCEPT FOR THESE TERMS, YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE THE CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY, THROUGH ARBITRATION, IF J.W. PEPPER SHOULD SO ELECT.
Waiver and Severability
The failure of J.W. Pepper to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. Some of the waivers and limitations of your rights set forth in in these Terms may not be enforceable in certain jurisdictions, and therefore you may have additional rights. If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
Changes in Terms of Service
J.W. Pepper reserves the right, at its sole discretion, to modify or replace any part of these Terms. It is your responsibility to check these Terms periodically for changes. Your continued use of or access to the J.W. Pepper Site following the posting of any changes to this agreement constitutes acceptance of those changes. Terms Effective: