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Terms of service

Last updated: September 2, 2026

To read more about how Peepers handles the personal information of visitors from the European Union and United Kingdom (GDPR), see our Privacy Policy, in particular Sections 2, 7 and 12.

To read more about how Peepers handles CCPA, see our Privacy Notice for California Residents.

Our SMS/MMS program terms are in Section IV-A below. The program details are also available on our Mobile Terms of Service page.

Contents

  1. I. Introduction
  2. II. Terms of Access
  3. III. Privacy
  4. IV. Ads & Tracking Activities
  5. IV-A. Electronic Communications and Text Messaging
  6. IV-B. AI Tools and Virtual Try-On
  7. V. Terms and Conditions of Sale
  8. VI. Representations and Warranties
  9. VII. Limitation of Liability and Indemnification
  10. VIII. Miscellaneous
  11. IX. Dispute Resolution; Binding Arbitration; Class-Action Waiver
  12. X. Additional Terms for Canadian Customers
  13. XI. Gift Cards

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 Sammann. 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. THESE TERMS ALSO CONTAIN A BINDING ARBITRATION PROVISION AND A CLASS-ACTION WAIVER (SECTION IX) THAT AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM CAREFULLY. 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 names, 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, phone number 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.
  8. “AI Tools”: any artificial-intelligence, machine-learning, or automated features made available on the Sites, including our Virtual Try-On, Perfect Pair Finder, strength/fit guides, and any chatbot or virtual assistant.
  9. “Biometric Data”: a scan of face geometry or other biometric identifiers or biometric information as defined under applicable law.

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 Sammann 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, including any use of Sammann Content or the Sites to train, fine-tune, or develop any artificial-intelligence or machine-learning model or dataset. 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, SMS/MMS Message, 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, SMS/MMS Message, 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 will not submit User Content that was generated using artificial-intelligence tools in a manner that infringes any third party’s intellectual-property or publicity rights, and will not use any AI Tools on the Sites to create infringing, deceptive, or unlawful content. 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. See also our Accessibility Statement.

III. Privacy

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into these Terms by reference. In the event of any conflict between these Terms and the Privacy Policy regarding personal information, the Privacy Policy controls. By using the Sites, you acknowledge and agree to the Privacy Policy. The detailed “Information We Collect,” “Ads & Tracking,” and related provisions previously set out here are now maintained in the Privacy Policy so that there is a single, consistent source.

IV. Ads & Tracking Activities

Our use of cookies, pixels, and similar tracking technologies, interest-based advertising, and your related choices (including opt-outs and Global Privacy Control) are described in our Privacy Policy, which controls.

IV-A. Electronic Communications and Text Messaging

By providing your email address or mobile number, you consent to receive electronic communications from us, and you agree that all agreements, notices, disclosures, and other communications we provide electronically satisfy any legal requirement that such communications be in writing. If you opt in to our SMS/MMS marketing program, you consent to receive recurring automated marketing text messages at the number provided; consent is not a condition of purchase; message and data rates may apply; message frequency varies. Reply STOP to cancel or HELP for help. Carriers are not liable for delayed or undelivered messages. For recipients in Canada, our commercial electronic messages (including marketing emails and texts) are sent in accordance with Canada’s Anti-Spam Legislation (CASL): we send them with your consent, identify ourselves, and include an unsubscribe mechanism in every message.

IV-B. AI Tools and Virtual Try-On

The Sites offer AI Tools to help you shop, including Virtual Try-On, Perfect Pair Finder, strength/fit guides, and chatbots. These AI Tools are provided for convenience only, on an “as is” and “as available” basis. They are not medical devices and do not provide medical, optometric, or vision-care advice; they are not a substitute for an eye exam or professional advice from a licensed eye-care provider, and you should confirm your correct lens strength and fit with a professional. Results, recommendations, and try-on images are estimates and may not reflect actual fit, color, or appearance.

Virtual Try-On and certain AI Tools use your device camera to create a temporary scan of your facial geometry so that products can be visualized on your image. To the extent this constitutes Biometric Data under applicable law (such as the Illinois Biometric Information Privacy Act or comparable Texas or Washington laws), you consent to Sammann and its service provider capturing and using that data solely to provide the Virtual Try-On experience, and you acknowledge our biometric notice and retention/destruction practices described in the Privacy Policy. Your image and any facial-geometry data are processed live for the duration of the session and are not sold; retention and destruction are handled as described in the Privacy Policy. If you do not consent, do not use Virtual Try-On. You will not use any AI Tool to build a competing product, to reverse engineer the tool, or to train any other artificial-intelligence system.

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. If a product is listed at an incorrect price due to typographical or other error, Sammann may cancel or refuse any order placed for that product, whether or not the order has been confirmed and your card charged; if your card has already been charged and the order is canceled, we will issue a refund.

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, phone number 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 Sammann’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 Sammann 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, pandemic, public-health emergency, government regulation, order, or advisory (including travel advisory warnings), cyberattack or failure of telecommunications or the Internet, supply-chain disruption, 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.

I. International and Canadian Orders

We ship worldwide, except to a limited number of countries we do not serve. Unless otherwise stated, prices are in U.S. dollars. For orders shipped outside the United States (including Canada), the price does not include customs duties, import taxes (including, for Canada, GST/HST/PST), or carrier brokerage or import fees, which are the Buyer’s responsibility and may be collected at checkout, by the carrier, or upon delivery; the Buyer is the importer of record. Delivery times for orders shipped outside the United States vary and are not guaranteed. For returns of products shipped outside the United States, return shipping costs and any duties or taxes are the Buyer’s responsibility unless we agree otherwise in writing. Nothing in these Terms limits any non-waivable consumer rights you may have under the laws of your province or country of residence.

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, OR TO ANY AI TOOLS OR VIRTUAL TRY-ON.

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, TikTok Shop, Temu, Shein, or any other online marketplace.

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 OR ANY AI TOOLS, 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. TO THE FULLEST EXTENT PERMITTED BY LAW, SAMMANN’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF THE AMOUNT YOU PAID TO SAMMANN IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM OR ONE HUNDRED DOLLARS ($100). SOME JURISDICTIONS (INCLUDING SOME CANADIAN PROVINCES) 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, except as provided in the arbitration provision in Section IX and for any claim that qualifies for small-claims court. This governing-law and venue selection does not deprive a consumer of the protection of the mandatory consumer-protection or privacy laws of their province or country of residence, including for our Canadian customers.

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. Copyright complaints under the Digital Millennium Copyright Act (DMCA) may be sent to our designated agent at peeps@peepers.com (Attn: DMCA Agent), 9935 E US HWY 12, Michigan City, IN 46360, and should include the information required by 17 U.S.C. § 512(c)(3). 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.

IX. Dispute Resolution; Binding Arbitration; Class-Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

(a) Informal Resolution. Before starting an arbitration, you agree to first contact us at peeps@peepers.com and give us 30 days to resolve the dispute informally.

(b) Agreement to Arbitrate. You and Sammann agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Sites, the AI Tools, or any products or services purchased (except as stated below) will be resolved by binding individual arbitration administered by a nationally recognized arbitration provider under its consumer rules, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this provision. Judgment on the award may be entered in any court of competent jurisdiction.

(c) Class-Action Waiver. YOU AND SAMMANN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person’s claims or preside over any form of a class proceeding.

(d) Exceptions. This Section does not require arbitration of: (i) individual claims in small-claims court; or (ii) claims for injunctive or other equitable relief to protect intellectual property or address unauthorized access to the Sites, which may be brought in the courts identified in Section VIII(D).

(e) 30-Day Opt-Out. You may opt out of this arbitration agreement within 30 days after first accepting these Terms by emailing peeps@peepers.com with your name and a statement that you decline to arbitrate. Opting out will not affect any other part of these Terms.

(f) Severability. If the class-action waiver is found unenforceable as to a particular claim, that claim (and only that claim) will proceed in court; the remainder of this Section will remain in effect.

(g) Consumers Outside the U.S.; Quebec and Other Canadian Provinces. If you reside in a jurisdiction whose law does not permit mandatory pre-dispute arbitration or class-action waivers in consumer contracts (which may include Quebec and other Canadian provinces), then subsections (b) and (c) do not apply to you to the extent prohibited by that law, and you may pursue your dispute in the courts of your place of residence. Nothing in these Terms deprives you of the protection of the mandatory consumer-protection laws of your province or country of residence.

X. Additional Terms for Canadian Customers

These Terms apply to all customers. The following additional terms apply if you purchase from or reside in Canada, and they control over any conflicting general term to the extent of the conflict:

(a) Pricing, Duties and Taxes. Prices are in U.S. dollars unless stated otherwise. Canadian customs duties, GST/HST/PST, and carrier brokerage or import fees are not included and are your responsibility, as described in Section V(I).

(b) Arbitration and Class Actions. If the law of your province (including Quebec) does not permit mandatory pre-dispute arbitration or class-action waivers in consumer contracts, the arbitration and class-action-waiver provisions in Section IX do not apply to you to the extent prohibited, and you may bring your dispute in your local courts (see Section IX(g)).

(c) Your Statutory Rights. Nothing in these Terms limits or waives any non-waivable rights or remedies you have under the consumer-protection or privacy laws of your province or territory. Our warranty disclaimers and liability limitations apply only to the extent permitted by those laws.

(d) Communications (CASL). We send commercial electronic messages to Canadian customers in accordance with Canada’s Anti-Spam Legislation, as described in Section IV-A.

(e) Privacy. Our handling of the personal information of Canadian customers is governed by our Privacy Policy, including the “Canadian residents” provisions and PIPEDA and Quebec’s Law 25.

XI. Gift Cards

All gift cards, including promotional gift cards, issued by Peepers shall carry an expiration date of five (5) years from the date of issuance, in compliance with applicable laws and regulations.