TERMS AND CONDITIONS OF USE

To read more about how Peepers handles GDPR click here.

To read more about how Peepers handles CCPA click here.


I.                INTRODUCTION
All access to and use of Sites [as defined in Section A(4)] and their features and the purchase of all products and services sold by Sammann Company, Inc. d/b/a Peepers by PeeperSpecs (hereafter “Sammann”) are subject to these terms, conditions, policies, and notices (collectively the "Terms"), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.  By using the Sites in any way, including, without limitation, browsing the Sites, using any information and/or submitting information to Sammann, or purchasing Sammann products and/or services, Users agree to and are bound by the Terms which form a legally binding contract between you and Samman. This includes, but is not limited to, disclaimers of warranties, damage and remedy exclusions and limitations, and choice of Indiana law and venue in La Porte County, Indiana or the Northern District of Indiana, as applicable. If these Terms are deemed an offer, the purchase of Sammann products is considered acceptance of the Terms. NO SALESPERSON OR ANY OTHER PERSON HAS AUTHORITY TO ALTER OR VARY ANY OF THESE TERMS WITHOUT DIRECT WRITTEN APPROVAL SIGNED BY AN AUTHORIZED OFFICER OF SAMMANN.
From time to time Sammann may update the Sites and these Terms. Updates shall be effective on the date the change is posted on the Sites. Continued use of the Sites after we post any changes to these Terms constitutes agreement to those changes. Users agree to review these Terms periodically to ensure that they are familiar with the most recent version.
A.              Definitions
1.              "Buyer": A User who purchases products and services sold by Sammann.
2.              "Sammann" or "we": Sammann and its parents, subsidiaries, division, affiliates, assumed named, including Peepers by PeeperSpecs, Peepers and brands.
3.              “Sammann Content": content on the Sites that is provided by Sammann or its licensors, including certain graphics, photographs, images, illustrations, designs, button icons, audio/visual clips, software, screen shots, text, digitally downloadable files, trademarks, logos, product and program names, slogans, written and other material, and the compilation of the foregoing.
4.              "Site(s)": the website https://www.peepers.com/, mobile website for https://www.peepers.com/, and applications on which these Terms are posted.  In Section IV of these Terms, "Sites" includes email and social media sites.
5.              "User" or “you”: any Site visitor or anyone who accesses the Sites in any way, including, without limitation, to browse the Sites, use any information and/or submit information to Sammann, or purchasing Sammann products and/or services from the Sites.
6.              "User Content": reviews, discussion posts, digital images, audio files, and other forms of media submitted by Users.
7.              "User Ideas": User Content that includes concepts, ideas, materials, proposals, suggestions and the like relating to Sammann or to Sammann's initiatives.
II.              TERMS OF ACCESS
The Sites are owned and controlled by Sammann. Sammann may, in its sole discretion, and at any time, discontinue the Sites or any part thereof, with or without notice, or may prevent use of the Sites with or without notice. Users agree that they do not have any rights in the Sites and that Sammann will have no liability to them if the Sites are discontinued or their ability to access them or any content they may have posted thereon is terminated.
By accessing or linking to the Sites, you represent that you are at least the age of majority in your state or province 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. Users assume the risk that the information on the Sites may be incomplete, inaccurate, out of date or may not meet their needs and requirements. We may add, change, discontinue, remove, or suspend any of the information, features and other content included on the Sites at any time, without notice and without liability.  Due to the open nature of the Sites and the potential for errors in the storage and transmission of digital information, Sammann does not warrant the accuracy of information obtained from the Sites.
A.              Access and Use of the Sites.  Access to the Sites is limited to viewing the linked pages solely for legitimate business purposes, and subject to these Terms. Any access or attempt to access other areas of any Sammann computer system or other information contained on the system for any purposes is strictly prohibited.
B.              Sammann Content.  Sammann Content is the property of Sammann and its licensors and is protected in the U.S. and internationally under trademark, copyright, and other intellectual property laws.
Unless otherwise noted, all Samman Content are copyrights, trademarks, trade dress and/or other intellectual properties, owned, controlled or licensed by Sammann (hereinafter “Sammann’s Intellectual Property”). U.S. and international copyright and trademark laws protect Sammann Content and the Site as a whole. Sammann’s Intellectual Property may not be used without our express written consent. We grant you a limited license to access and make personal use of this Site and not to download (other than page caching) or modify it, or any portion of it, unless you previously obtained Sammann’s express written permission. This license does not include any resale or commercial use of this Site or its Contents; any collection and use of any product listings, descriptions or prices; any derivative use of this site or its Contents; downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion may not be reproduced, duplicated, copied, sold, resold, visited or otherwise exploited for any commercial purpose without our express written consent. You may not frame or utilize framing techniques to enclose any of Sammann’s Intellectual Property or other proprietary information (including images, text, page layout or form) of the Site without our express written consent. You may not use any metatags or any other "hidden text" utilizing our name, trademarks, service marks or any other of Sammann’s Intellectual Property without our express written consent. Any unauthorized use terminates the permission or license granted by us.
Users agree not to download, display or use any Sammann Content located on the Sites for use in any publications, in public performances, on websites other than the Sites for any unpermitted commercial purpose, in connection with products or services that are not those of Sammann, in any other manner that is likely to cause confusion, that disparages or discredits Sammann and/or its licensors, that dilutes the strength of Sammann’s or its licensor's intellectual property, or that otherwise infringes Sammann’s or its licensor’s intellectual property rights (including through use of screen scraping, web harvesting, data extraction, or similar software or technologies). Users further agree to in no other way misuse any Sammann Content or User Content that appears on the Sites.

C.              Use of the Sites and Posting Policy.  The following requirements apply to a User’s use of the Sites: (a) Users will not use any electronic communication feature of the Sites for any purpose that is unlawful, tortious, abusive, intrusive on another's privacy, harassing, libelous, defamatory, embarrassing, obscene, threatening, or hateful; (b) Users will not upload, post, reproduce, or distribute any information, software, or other material protected by copyright or any other intellectual property right (as well as rights of publicity and privacy) without first obtaining the permission of the owner of such rights; (c) Users will not collect or store personal data about other Users; (d) Users will not use the Sites for any commercial transactions that are unrelated to the purposes for which the Sites were provided; (e) Users will not upload, post, email, or otherwise transmit on interactive features intended for the general public any advertising or promotional materials or any other form of solicitation or unauthorized communication; (f) Users will not upload, post, email, or otherwise transmit any material that contains viruses or any other computer code, files, or programs which might interrupt, limit, or interfere with the functionality of any computer software or hardware or telecommunications equipment; and (g) Users shall not create or distribute information, including but not limited to advertisements, press releases or other marketing materials, or include links to any sites which contain or suggest an endorsement by Sammann without the prior review and written approval of Sammann.

By submitting User Content, Users agree that (a) they will not post any content that is unlawful, harmful, tortious, defamatory, libelous, obscene, invasive of the privacy of another person, threatening, harassing, abusive, hateful, racist, infringing, pornographic, violent or otherwise objectionable or inappropriate as determined by Sammann; (b) they will not post any content that contains personal information about any individual, violates the privacy/publicity of any other individual or entity, or anything that they are under a contractual obligation to keep private or confidential; (c) they will not impersonate any person or organization, including without limitation, the personnel of Sammann, or misrepresent an affiliation with another person or organization; and (d) they will not post any content that contains viruses, corrupted files, or any other similar software or programs that may adversely affect the operation or features of the Sites. Users further understand and agree that they have no ownership rights in any account they may have with us, or other access to the Sites or features therein. Sammann may cancel Users' accounts and delete all User Content associated with their accounts at any time, and without notice, if Sammann deems that they have violated these Terms, the law, or for any other reason. Sammann assumes no liability for any information removed from the Sites, and reserves the right to permanently restrict access to the Sites or to a User account.
By displaying, publishing, or otherwise posting any User Content on or through the Sites, Users hereby grant to Sammann a limited, non-exclusive, sub-licensable, worldwide, fully-paid, royalty free license to use, modify, publicly perform, publicly display, reproduce, and distribute such User Content in any and all media now known or hereinafter developed without the requirement to make payment to Users or to any third party or the need to seek any third party permission. This license includes the right to host, index, cache, distribute, and tag any User Content, as well as the right to sublicense User Content to third parties, including other Users, for use on other media or platforms known or hereinafter developed. Users continue to retain all ownership rights in their User Content, and they continue to have the right to use their User Content in any way they choose, subject to these Terms and the license described herein. Users represent and warrant that they own the content submitted, displayed, published or posted by them on the Site and otherwise have the right to grant the license set forth herein, and the displaying, publishing or posting of any User Content, and our use thereof does not and will not violate the privacy rights, publicity rights, copyrights, trademark rights, patents, contract rights or any other intellectual property rights or other rights of any person or entity. Notwithstanding the foregoing, Users acknowledge that their User Content may contain User Ideas. With respect to User Ideas, Users acknowledge that: (a) Sammann receives numerous submissions from many parties and/or may have independently developed and/or considered similar User Ideas, and that Sammann’s review of the User Ideas is not an admission of novelty, priority or originality; and (b) Sammann’s use of any similar User Ideas, whether based on their User Content, provided to Sammann by third parties, or independently developed or considered by Sammann, shall be without obligation to them. Sammann has no obligation (1) to maintain any User Content or Ideas in confidence; (2) to pay compensation for any User Content or Ideas; or (3) to respond to any User Content or Ideas. 

D.              Third Party Content.  The Sites may be linked to other sites which are not maintained by Sammann. Sammann is not responsible for the content, privacy, or policies governing those sites. The inclusion of any link to such sites does not imply endorsement, sponsorship, or recommendation by Sammann of the linked sites. Sammann disclaims any liability for links: (i) from another site to the Sites and (ii) to another site from the Sites. Similarly, the Sites may incorporate third-party APIs, plug-ins or other tools over which we have no control or 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 third party tools offered through the Site is 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).

E.              Accessibility. We’ve designed our Sites to provide an online experience accessible to everyone, including people with disabilities. If you have any accessibility issues while using our Sites please notify us at peeps@peepers.com.

 

III.             PRIVACY POLICY

Sammann values its Users' participation, interests and needs and takes great pride in its relationship with its Users. In order to provide our products as well as information regarding those products, Sammann will occasionally ask Users to provide us information about themselves and/or their business.  These Terms apply to the content we collect from the Sites, not to information we might collect on other sites or in other forums, including by email or offline. By visiting our Sites, you acknowledge that you accept and consent to our Privacy Policy as well as our Privacy Statement, which is contained on our Site.

A.              Information We Collect.  Our web servers collect general data pertaining to each User, including but not limited to, the IP address, tracking codes, the domain name, the web page, the length of time spent and the pages accessed while visiting the Site. We also collect personally identifiable and transactional information provided by companies and Site visitors that purchase products from our Site. This information includes contact information, shipping information, credit cardholder name, and card number/expiration date. We may also retain the content of the communications that are sent to our customer service representatives.

We collect information directly from Users when they register on the Site, participate in a survey, or fill out a form requesting information from us. We (or vendors acting on our behalf) use common collection techniques like cookies, and web beacons. Finally, we obtain information about Users from third parties with whom we work, such as our suppliers, resellers, and other business partners.

B.              Use of Information Collected.  We use the information that is collected from Users, or otherwise in connection with the Sites, as is disclosed at the time information is collected, as follows:

C.              Security. Our Sites use industry-standard encryption technology to provide for the security of Users' confidential information, such as credit card numbers, login credentials, and other identifying information over the internet. In addition, we have put in place reasonable procedural and technical standards to protect the security of our Sites and information we maintain. This includes both Secure Sockets Layer (SSL) technology and Transport Layer Security (TLS) which allows for secure browsing. However, we cannot guarantee that any electronic commerce is totally secure and make no warranties that it is. We encourage Users to take affirmative steps to protect themselves online, including ensuring that any online account information they have remains secure.

D.              Information Sharing.  We may share Users' information (i) among our various subsidiaries, divisions, affiliates, parent organizations, and brands; (ii) with third parties, financial institutions, and others who perform services on our behalf; (iii) with any successor-in-interest to Sammann, or otherwise in connection with a merger, sale, or transfer of all or part of our business operations; (iv) in response to subpoenas, investigative requests (with or without subpoena) and other legal processes; (v) to exercise our legal rights and defend against legal claims; and (vi) for other reasons as may be described to Users, such as working with a marketing partner to provide them with a program or service.

E.              Users' Choices.  Recipients of our e-mail marketing messages can unsubscribe from receiving promotional e-mail by using the unsubscribe instructions located at the bottom of the message, or by sending a request with “unsubscribe” in the subject line to [peeps@peepers.com]. Because mailing lists are prepared in advance of each promotion, Users may be sent a couple of promotions before the change becomes effective. Users have certain choices about the ads they see and our tracking activities generally. To learn more about these choices, see Section IV below.

F.              Links.  Our Sites contain links to other sites that are not owned, maintained, operated, or endorsed by or for Sammann and not subject to these Terms. The inclusion of any link to such sites does not imply any recommendation or sponsorship of such sites. Users should read the other sites' privacy policies to understand how personal information collected about them is used and protected.

G.             California Users.  If you are a California resident, you have additional privacy rights as provided in our Privacy Notice for California Residents located below.

H.              Non-U.S. Users.  Our Sites are operated in the United States. Users located outside of the United States should be aware that any information they provide to us will be transferred to the United States. By using the Sites and giving their information, Users consent to such transfer, and understand that the U.S. may not provide the same level of protections as the laws of their country.

If you are a European Union resident, you have additional privacy rights as provided in our Global Data Protection Regulation Policy located below.

 

IV.             ADS & TRACKING ACTIVITIES

A.              Tracking Technologies.  We use common tracking technologies on our Sites and our platforms such as email and social media sites.  We collect personal information about Users over time and across different Sites when they use these Sites and we work with third parties that collect personal information this way. To do this, we or the third parties we work with use several common tracking tools. These may include browser cookies, web beacons, pixel tags, flash cookies, and similar technologies.

Tracking technologies are used to understand the activities and behaviors of our Users. We, or third parties we work with, do this for many reasons, including the following:

 

B.              Gathering Information.  Our ads may be based on information Users submit on our Sites or sites run by third parties. It may also be based on other interactions Users have with us or our content such as interactions through emails Users get from us. We work with third parties who help gather this information. These third parties might link personal information such as Users' names or email addresses to other information they may have, including past purchases made offline or online and other online activities and behaviors.

The information we collect enables us to learn about what purchases Users made, what ads or content they see, what ads they click on, and other actions they take on our Sites including whether they have downloaded an app.  This allows us to provide Users with more useful and relevant ads.

C.              Opting Out.  The Self-Regulatory Program for Online Behavioral Advertising provides consumers with the ability to opt-out of having their online behavior used for interest-based advertising using third party cookies.  To opt out of this online behavioral advertising, visit http://www.aboutads.info/choices/.  This allows Users to opt out of many but not all of the interest-based advertising activities in which we or third parties engage. 

Other third-party sites provide Users with the ability to opt-out of receiving interest-based ads that Users may control through their settings on that site. For example, to opt out of Google’s collection of Users' online behavior for advertising purposes, Users may visit Google’s Ad Settings page. To opt out of Facebook’s collection of their online behavior for advertising purposes in its mobile app newsfeed, Users may visit the “Ad Settings” tab in their Facebook profile. These choices are browser and device specific. Users who delete their cookies or use a different browser or a different computer or device will need to update their opt-out choices.

D.              Controlling Tracking Technologies.  Some browsers have a “Do Not Track” feature that lets Users tell websites that they do not want to have their online activities tracked. These features are not yet uniform.  We are not currently set up to respond to those signals.

Users have the ability to control some of our use of cookies, depending on the type of cookie. Users can configure certain browsers to reject browser cookies. Because flash cookies do not reside in the browser, browser settings will not affect them. To control flash cookies, which we may use on certain websites from time to time, go to:

http://www.macromedia.com/support/documentation/en/flashplayer/help/settings_manager07.html. Choices Users make about cookies are also browser and device specific.

 

NOTE: Configuring a computer or device to block cookies may prevent certain features or functions of our Sites from working. Blocking or deleting cookies will not stop all of the tracking described herein.

V.              TERMS AND CONDITIONS OF SALE

Specific terms related to the purchase of Sammann products or services are contained in this Section, but all Terms govern a purchase. Conflicting or additional terms contained in any purchase order, acknowledgment form or other written document submitted by Buyer shall not be valid and binding unless approved in writing by Sammann. Specifications, prices and delivery are subject to change without notice. We reserve the right to refuse service to anyone for any reason at any time.

A.              Prices and Taxes.  Sammann reserves the right to change the prices of its stock products at any time without notice. Prices shown do not include any federal, state or local taxes that Sammann may be required to collect from Buyer. All applicable taxes shall be added to prices shown and Buyer agrees to be solely liable therefor and pay the same. Application of sales taxes may change without notice. Sales tax liability in excess of the sales tax collected from the Buyer is the Buyer's responsibility.

B.              Payment.  All payments are due at the time your orders are placed. Sammann will not ship Products for which you have not paid in advance. You agree to provide current, complete and accurate purchase and account information for all purchases made. 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.

C.              Delivery and Shipment.  Sammann charges a shipping and handling fee (which includes internal handling and related costs) on each order, which is applied at the time of order and reflected on your invoice. COD shipments are not permitted. Other terms and conditions may apply for other than standard ground delivery. Title and risk of loss pass to you upon Samman’s tender of the product(s) to the carrier. If the product is damaged in transit, your recourse is to file a claim with the carrier. Dates of delivery are estimated to the best of Sammann's ability and are made in good faith but are not guaranteed. Sammann is not responsible for any failure to deliver goods on or before the dates specified.

D.              Promotions.  Promotional offers are not available to any military or government Buyers. Offers are only valid in the continental United States. Buyer must enter promotion on the website or provide key code to redeem offer. Order must meet qualifying amount prior to any tax and/or shipping charges. Limit one per Buyer. All promotional offers are void where prohibited.

E.              Returns.  Returns must be made within 90 (ninety) days of shipping date. Transportation charges for all goods returned shall be the responsibility of the Buyer unless Samman expressly agrees in writing to the contrary. Sale items are only eligible for exchange. Certain products may be available exclusively online or have limited quantities. Sammann reserves the right to refuse return or exchange of any products.

F.              Product Information.  All descriptions of products or product pricing are subject to change at anytime without notice. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee, however, that your computer monitor's display of any color will be accurate. Product cross-reference comparisons do not imply that all products compared are available, or in the case of functional equivalency, that performance and other characteristics are fully comparable. Please review specifications prior to purchase.

G.             Delays.  Sammann may suspend delivery hereunder whenever any event makes impracticable the manufacture, transportation, acceptance or use of a shipment of the goods or of any material upon which the manufacture of the goods is dependent. Sammann shall not be liable for any failure of or delay in performance of orders or contracts directly or indirectly occasioned by causes beyond Sammann's control, including but not limited to, strike or other labor problems, fire, flood, accident, riot, war, embargo, epidemic, government regulation, order, or advisory (including travel advisory warnings), unusually severe weather conditions, shortage of or change in price of labor, material, fuel or power, or acts of God or the public enemy.

H.              Limitations. We reserve the right, but are not obligated, to limit the sales of our products to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products we offer. We reserve the right to discontinue any product at any time. We reserve the right to refuse any order you place with us. 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. We may exercise these rights on a case-by-case basis.

 

VI.             Representations and Warranties. 

A.              The Sites.  Sammann makes no representations or warranties about the accuracy or reliability of the content and features of the Sites or User Content and disclaims all liability in the event of any service failure. Users acknowledge that any reliance on such material or systems will be at their own risk. Sammann makes no representations regarding the amount of time that any content or User Content will be preserved. Sammann does not endorse, verify, evaluate, or guarantee any information provided by users and nothing shall be considered as an endorsement, verification or guarantee of any User Content.

THIS SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS. NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THOSE OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, ARE MADE WITH RESPECT TO THIS SITE OR ANY INFORMATION OR SOFTWARE THEREIN.

B.              Sammann Products.  SAMMANN AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS GIVE NO WARRANTY OF ANY KIND TO BUYER, EXPRESS OR IMPLIED, AS TO MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, DESCRIPTION, QUALITY OR ANY OTHER MATTER WITH RESPECT TO ANY GOODS SOLD, OTHER THAN AS EXPRESSLY SET FORTH IN THESE TERMS OF SALE AND IN THE LIMITED WARRANTY. Sammann does not assume, nor authorize anyone else to assume for it, any other obligation or liability in connection with the sale or use of its products. Notwithstanding any technical help which Sammann or its suppliers may have provided, Buyer affirms that no warranties have been made and Buyer has not relied upon Sammann's or its suppliers' skill or judgment in selecting goods suitable for any particular purpose. Buyer is required to satisfy himself or herself that the goods are fit for his or her intended use.

  1. Personal Use. By purchasing Products through the Sites, you represent that the purchased Products are intended for your personal use only and not for resale. This includes any attempt to resell Product to any third-party wholesaler or retailer or through any third-party market or website, including but not limited to Amazon, eBay, Jet, QVC or Walmart.

 

VII.           Limitation of Liability and Indemnification.

A.              The Sites.  UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL SAMMANN BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITES, NOR SHALL SAMMANN BE RESPONSIBLE FOR ANY DAMAGES WHATSOEVER THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE WHETHER OR NOT CAUSED BY EVENTS BEYOND SAMMANN’S REASONABLE CONTROL. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO A NEGLIGENT ACT, WILL SAMMANN OR ITS AFFILIATES OR AGENTS BE LIABLE FOR ANY DAMAGE OF ANY KIND THAT RESULTS FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, EVEN IF SAMMANN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; AS A RESULT, THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO ALL USERS. Users agree to indemnify and hold Sammann, its directors, officers, employees, and website contractors and each of their directors, officers, employees and agents harmless from any claims, damages and expenses, including reasonable attorneys' fees and costs, related to Users' violation of these Terms, including the posting policy, or which arises from the use of User Content submitted, posted, or otherwise provided to Sammann or the Sites.

B.              Sammann Products.  To the fullest extent permitted by applicable law, Sammann and its suppliers disclaim all liability for loss occasioned by injury or damage to persons or property arising out of the manufacture, use, transportation, packaging, processing or possession of Sammann's products. In the event of shortages, damaged, defective, or recalled products, Sammann's liability shall not exceed the purchase price of such products or, at the election of Sammann, the repair and replacement of such defective, damaged or recalled products. In no event shall Sammann be responsible for incidental, consequential, indirect or special damages as a result of defects, damages, shortages or recalls. By ordering and accepting delivery of Sammann's products, the Buyer hereby covenants and agrees to defend, hold harmless and indemnify Sammann and its suppliers from any and all charges, liabilities, losses, claims, actions, suits, proceedings, costs, fees and expenses including but not limited to any of the foregoing which Sammann may suffer or incur on account of personal injury, (including death and/or property damage) arising from, out of or in connection with the manufacturing, packaging, handling, transportation, possession, processing, further manufacturing, use or resale of any or all products sold by Sammann.

C.              Indemnification. You agree to indemnify, defend and hold harmless Sammann 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.

 

VIII.          Miscellaneous.

A.              Assignment.  Users may not assign their rights or their obligations under these Terms without the written consent of Sammann.

B.              No Waiver.  If Sammann fails to act with respect to Users' breach or anyone else's breach of these Terms on any occasion, Sammann is not waiving its right to act with respect to future or similar breaches.

C.              Severability.  If any provision of these Terms, as applied to any party or to any circumstance, shall be found by a court to be void, invalid or unenforceable, the same shall in no way affect any other provision, the application of any such provision in any other circumstance, or the validity or enforceability of these Terms or any contract between the parties. Instead, the defective provision shall first be revised, limited, or amended, consistent with the general intent of the provision, such that it is valid and enforceable.

D.              Disputes. Any and all disputes between the parties shall be governed by the laws of the State of Indiana, without respect to the choice of law provisions thereof, and the parties irrevocably submit to the exclusive personal and subject matter jurisdiction and venue of the state and federal courts sitting in La Porte County, Indiana, or the Northern District of Indiana, as applicable, for the resolution of disputes.

 

E.              Contact us.  Trademark or copyright owners who believe that their trademark or copyright rights have been violated, can notify us at [peeps@peepers.com]. If Users have any questions or suggestions regarding these Terms, please contact us as follows: by email at peeps@peepers.com, 9935 E US HWY 12 Michigan City, IN 46360, 219-872-4413.