Review the terms governing your use of Peppr's platform and services
This Restaurant Agreement (this “RA”) is a binding contractbetween Business (defined below) and Beehub Inc. (“Peppr”). This RA sets forththe terms pursuant to which Business may be permitted to use or access certaintechnology made available by Peppr that powers direct online ordering andprovides restaurants information relating to those orders (the “Platform” and thePlatform, together with any services provided to Business by or on behalf ofPeppr in connection with Business’s use of the Platform, the “Service”).
ACCEPTING THIS RA, EITHER BY CLICKING A BOX INDICATINGBUSINESS’S ACCEPTANCE, ACCESSING OR USING ANY PART OF THE SERVICE, OR OTHERWISEAFFIRMATIVELY INDICATING BUSINESS’S ACCEPTANCE OF THIS RA, YOU, THE INDIVIDUALACCEPTING THIS RA: (i) AGREE TO THIS RA ON BEHALF OF THE ORGANIZATION, COMPANY,OR OTHER LEGAL ENTITY FOR WHICH YOU ACT (“Business”) AND (ii) REPRESENT THATYOU HAVE THE AUTHORITY TO BIND BUSINESS TO THIS RA. IF YOU DO NOT HAVE SUCHAUTHORITY, OR DO NOT AGREE WITH THE TERMS OF THIS RA, YOU MUST NOT ACCEPT THISRA AND NEITHER YOU NOR THE BUSINESS MAY USE OR ACCESS THE SERVICE.
ARBITRATION NOTICE. Except for certain kinds of disputesdescribed in Section 23 (Dispute Resolution and Arbitration),Business agrees that disputes arising under this RA will be resolved bybinding, individual arbitration, and BY ACCEPTING THIS RA, BUSINESS AND PEPPRARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASSACTION OR REPRESENTATIVE PROCEEDING.
The Service enables patrons and prospective patrons ofrestaurants (“Customers”) to access and use Business websites and mobileapplications powered by the Platform (collectively “Business Websites”) andorder and pay for items from those restaurants. Business may visit Peppr’sthen-current pricing page (available at Peppr.com/pricing or other URLspecified by Peppr) to see current pricing information, including fees,applicable to Business’s use of the Service (the “Pricing Page”) forrestaurants operated by Business (each, a “Restaurant”).
Business acknowledges the following:
1.1 Business may use the Service only as set forthin this RA;
1.2 Business consents to the collection, use, anddisclosure of information Business provides and other information obtainedabout Business from Business’s use of the Service, including personallyidentifiable information and location information, in accordance with Peppr’sPrivacy Policy (available at Peppr.com/Privacy) (the “Privacy Policy”);
1.3 the Platform, Service, and Tablets (as definedbelow) and Printers (as defined below) are provided “as is” without warrantiesof any kind and Peppr’s liability to Business is limited; and disputes arisinghereunder will be resolved by binding arbitration. By accepting this RA, asprovided in greater detail in Section 23 of this RA, Business andPeppr are each waiving the right to a trial by jury or to participate in aclass action.
2.1 Setup and Equipment Fees
Setup Fees. Peppr may charge Business a setup fee whenBusiness starts using the Service as indicated on the Pricing Page (“SetupFee”). Notwithstanding anything else in this RA and unless otherwise mutuallyagreed to by the parties, Business acknowledges and agrees that Setup Fees arenon-refundable.
Tablet Fees. As a part of that setup, Peppr may also provideBusiness with one or more Loaned Tablets (defined below) for use in connectionwith the Service. Peppr may charge Business a monthly per-Loaned Tablet fee asindicated on the Pricing Page for each Loaned Tablet that Peppr makes availableto Business (the “Tablet Fee”). If Business chooses to purchase any Tabletsprovided to Business by Peppr, and Peppr provides an option for Business to doso, Peppr may charge a fee per Purchased Tablet (as defined below), as agreedby Peppr and Business at the time of that purchase (the “Tablet PurchaseFee”). Additional terms applicable to Tablets are set forth in Section 8.The monthly Tablet Fee (if any) will be charged in advance on a monthly basis,until Peppr receives Business’s Loaned Tablet(s) in accordance withSection 8.2.
Printer Fees. As a part of a setup, Peppr may also provideBusiness with one or more Loaned Printers (defined below) for use in connectionwith the Service. Peppr may charge Business a monthly per-Loaned Printer fee asindicated on the Pricing Page for Loaned Printers that Peppr makes available toBusiness (the “Printer Fee”). If Business chooses to purchase any Printersprovided to Business by Peppr, and Peppr provides an option for Business to doso, Peppr may charge a fee per Purchased Printer (as defined below), as agreedby Peppr and Business at the time of that purchase (the “Printer PurchaseFee”). Additional terms applicable to Printers are set forth in Section 9.The monthly Printer Fee (if any) will be charged in advance on a monthly basis,until Peppr receives Business’s Loaned Printer(s) in accordance withSection 9.2.
Setup and Equipment Fees Payment Process. Setup Fees, TabletFees (if any), Printer Fees (if any), the Tablet Purchase Fees (if any), andthe Printer Purchase Fees (if any) (collectively, “Setup and Equipment Fees”)are due in advance and Business authorizes Peppr to automatically charge thosefees to the credit card or other payment method Business provides uponregistration with the Service. Peppr uses a third party to process credit cardtransactions and does not store Business’s credit card information. Businessagrees to keep its payment information up to date and may review its paymentplan and other account details in the dashboard on the Service.
2.2 Subscription Service
The Service may include certain subscription-based planswith automatically recurring payments for periodic charges (“SubscriptionService”). The “Subscription Billing Date” is the date when Peppr signsBusiness up for Business’s subscription to the Service. The initial term of theSubscription Service will begin on the Subscription Billing Date and continuefor one month (such period, the “Initial Subscription Period”) and willautomatically renew for successive monthly periods (the Initial Subscription Periodand each such renewal period, if any, each a “Subscription Period”), unlessBusiness cancels the Subscription Service or Peppr terminates it. If Businessactivates a Subscription Service, then Business authorizes Peppr or itsthird-party payment processors to periodically charge, on a going-forward basisand until cancellation of the Subscription Service, all accrued sums on orbefore the applicable payment due date. For information on the “SubscriptionFee,” please see the Pricing Page. Business’s account will be chargedautomatically on the Subscription Billing Date and thereafter on the renewaldate of Business’s Subscription Service for all applicable fees and Taxes (asdefined below) for the next Subscription Period. Business must cancel its SubscriptionService before it renews in order to avoid billing of the next periodicSubscription Fee to Business’s account. Peppr or its third-party paymentprocessor will bill the monthly Subscription Fee to the payment methodassociated with Business’s account or that Business otherwise provides toPeppr. Business may cancel the Subscription Service by contacting Pepprat support@peppr.com. BUSINESS’SCANCELLATION MUST BE RECEIVED BEFORE THE RENEWAL DATE FOR THE SUBSEQUENTSUBSCRIPTION PERIOD IN ORDER TO AVOID A CHARGE FOR THAT SUBSCRIPTION PERIOD.
2.3 Delinquent Accounts
Peppr may suspend or terminate access to the Service,including fee-based portions of the Service, for any account for which anyamount is due but unpaid. In addition to the amounts due for the Service, adelinquent account will be charged with fees or charges that are incidental toany chargeback or collection of any the unpaid amount, including collectionfees. Peppr reserves the right to set off all amounts owed by Peppr to Businessunder this RA, including all Balance Payments (as defined below), up to thefull amount of fees that are due that but unpaid. If Business’s payment methodis no longer valid at the time a fee is due, then Peppr reserves the right todelete Business’s account and any information associated with Business’saccount without any liability to.
2.4 Guarantee Policy
Peppr may from time to time have a guarantee policyapplicable to some customers. If applicable, the terms of the guarantee aregoverned by the guarantee policy.
2.5 Transactions and Deliveries
For each order placed by a Customer through the Platform(each a “Customer Order”), Peppr will charge Business the transaction feesindicated on the Pricing Page (“Transaction Fee”). If a Customer Order is fordelivery by one of Peppr’s delivery partners (each, a “Delivery Partner”),Peppr will additionally charge Business the delivery fee calculated asindicated in that Customer Order (“Delivery Fee”), which may be calculated as apercentage of the total price of that Customer Order. Business acknowledges thatPeppr may charge the applicable Customer directly for the applicable CustomerOrder and Business hereby authorizes Peppr and its third party paymentprocessors to collect from such Customers, on Business’s behalf, payment forsuch Customer Orders. Peppr will remit to Business any such amounts less theTransaction Fees and Delivery Fees owed, if any (“Balance Payments”). Businesswill be responsible for the payment of any refunds, chargebacks, or other feesincurred in connection with each Customer Order and Business agrees toreimburse Peppr for amounts actually paid by Peppr for those refunds,chargebacks, or other fees. Peppr reserves the right to offset any amountsBusiness owes to Peppr against the Balance Payments. Business acknowledges thatthe prices charged to the Customer will be based on the pricing informationthat Business provides through the Service, and that it is Business’sresponsibility to keep such pricing information up to date. In some cases,certain regulations that may be applicable to Business and its use of theServices may require specific itemization of certain fees and charges (e.g.California SB 478; California Consumer Legal Remedies Act (Civil Code Section1770)). While Peppr endeavors to offer features that will allow Business tocomply with all potentially applicable regulations, Peppr does not representthat such features exist or will exist with respect to all regulations in alljurisdictions. Business is solely responsible for ensuring that all BusinessWebsites comply with applicable law. Customer may request development of afeature intended to assist with legal compliance by submitting a ticket at support@peppr.com. Business should consultwith a licensed attorney to determine whether any Business Website is compliantwith consumer protection regulations.
2.6 Taxes
All fees and amounts payable by Business to Peppr areexclusive of all applicable sales, use, withholding, excise, value added orother taxes, duties, or other charges levied by any governmental authority inconnection with Business’s use of the Service, loan or purchase of a Tablet orPrinter, or a Customer Order (collectively, “Taxes”). Business will beresponsible for the payment of all Taxes (other than those based on Peppr’s netincome) incurred in connection with its use of the Service or any CustomerOrder.
3.1 Privacy Policy
Business’s use of the Service is subject to Peppr’s PrivacyPolicy. Business has read, understood, and agrees to the terms of the PrivacyPolicy, including the data collection, use, and disclosure provisions set forththerein, which is hereby incorporated into this RA by this reference.
3.2 Accounts on the Service
To create an account on the Service, Business may berequired to provide the name of a contact person for the Business, Business’sname, Business address(es) (including the address(es) of each Restaurant),email address, and payment information for Business’s payment method, which mayinclude Business’s credit card or bank account information and billing address.Business represents and warrants that all such information that Businessprovides to Peppr is accurate and Business agrees to keep such information upto date.
4.1 Generally.
Business will not act in a manner that disfavors ordeprioritizes the fulfillment or delivery of Customer Orders placed on orthrough the Service. In all cases, Business will prepare food and beverages inaccordance with the Customer Orders and with the same quality of food andbeverage served to Customers who dine in-person or otherwise orderindependently from the Service. Business will use commercially reasonableefforts to prepare the order as soon as reasonably practicable. In the eventthat demand at a given location exceeds Business’s capacity (as determined byBusiness in its sole discretion), Business will have the right to request thatPeppr customer service suspend Customer Orders for a given location for amutually agreed upon timeframe and Peppr will make reasonable efforts toaccommodate those requests. The foregoing will not apply to Customer Ordersplaced by Customers prior to Peppr’s receipt of Business’s suspension request.
4.2 Deliveries.
Business will indicate to Peppr, either over the phone orotherwise via the Service for each Restaurant, whether delivery will beprovided by the Restaurant or by Delivery Partners, along with any geographiclimitations on delivery. Upon receiving a Customer Order for delivery, Businesswill promptly provide to Peppr via the Service the expected prep time for theCustomer Order, and, if the Customer Order is designated for delivery to behandled by a Restaurant, the expected delivery time. Business will endeavor tohave the Customer Order available for pickup no more than 30 minutes fromBusiness’s receipt of the applicable Customer Order. Business will promptlyinform Peppr of any delays in food preparation through the Service or asotherwise instructed by Peppr (which may be directly to the delivery person,via the Service, or otherwise). Business acknowledges that the deliveryservices are not provided by Peppr, and Peppr makes no warranties with respectto the timely delivery of any items. Business will bear all risk of loss of anyitems in transit for all deliveries.
4.3 Food and Safety.
Business and its employees and contractors will prepare andhandle food in accordance with industry practices and in compliance allapplicable food safety laws and regulations, including the Food Safety andInspection Service Guidelines as set forth by the United States Department ofAgriculture Food Safety and Inspection Service and any other applicable foodhandling rules.
4.4 Tobacco and Alcohol.
Business may not offer or sell any tobacco products ortobacco related products on or through the Service. Except as otherwise agreedbetween Business and Peppr, Business may not offer or sell alcoholic beverages,whether for pickup or delivery on or through the Service.
If Client elects to utilize DoorDash for third-partydelivery within the Direct Delivery Connection Platform, Client provides itsagreement to become bound by the DoorDash terms and conditions of servicelocated at: https://help.doordash.com/merchants/s/terms-of-service-us?language=en_US.In addition, if Client utilizes DoorDash for the sale and distribution ofalcohol, Client expressly agrees to also become bound by DoorDash’s AlcoholAddendum.
5.1 Peppr Claims No Ownership.
The Service may provide Business with the ability to createor post content (“Business Content”) (e.g., menus and other information aboutthe Restaurant(s)). Peppr claims no ownership over Business Content. Businessand its third party licensors, as appropriate, retain all copyright, patent,and trademark rights to the Business Content. Business is solely responsiblefor protecting those rights and acknowledges that Business Content isnon-confidential and non-proprietary.
5.2 Peppr’s Use of Business Content.
By creating, posting, or sharing Business Content on orthrough the Service, Business hereby grants Peppr a worldwide, non-exclusive,royalty-free license to use, modify, remove, publish, transmit, or displayBusiness Content solely in conjunction with the operation of the Service andany marketing or advertising of the Service. Peppr will discontinue thislicensed use within a commercially reasonable period after the termination ofthis RA. If Business objects in any way to Peppr’s alteration or manipulationof the Business Content, Business will promptly notify Peppr, and Peppr willconsider any reasonable requests regarding its use of the Business Content.Peppr reserves the right to refuse to accept, post, display, or transmit anyBusiness Content in its sole discretion.
5.3 Third-Party Services.
Peppr may provide tools through the Service that enableBusiness to export information to third-party services. By using one of thesetools, Business agrees that Peppr may transfer that information to theapplicable third-party service. Third-party services are not under Peppr’scontrol and Peppr is not responsible for any third-party service’s use ofBusiness’s exported information. The Service may also contain links tothird-party websites. Linked websites are not under Peppr’s control and Peppris not responsible for their content. In some cases, Business may be legallyrequired to obtain consent from a Customer before information can betransferred to a third-party service. If Business enables information transferto a third-party service, Business is solely responsible for obtaining andmanaging such consent, even if a mechanism of obtaining consent is not madeavailable by Peppr or the third-party service. Peppr expressly disclaimsliability for any such transfer of information without lawful consent.
5.4 Americans With Disabilities Act
Peppr values the right to access for all Customers and hasexpended substantial resources to offer a Platform that complies with accessstandards established for disabled Americans accessing public-facing websitesunder the Americans with Disabilities Act (ADA) and similar State laws. Suchlaws may be applicable to Business Websites. As such, components of theServices may make Business eligible for certain tax incentives, i.e. DisabledAccess Credit (Form 8826). Peppr makes no warranty as to eligibility for anysuch credit or the value of credit that may be claimed. Business should consultwith a licensed and qualified tax professional to determine eligibility for anysuch tax incentive. Peppr expressly disclaims liability for any relatedinformation provided to Business during sales or onboarding. Any suchinformation is not legal or tax advice and should not be relied upon as such.The Platform is intended to comply with all applicable standards under the ADAand similarly applicable State laws. However, Peppr permits Business to makecertain design decisions with respect to Business Websites. Such designdecisions may include features like font, font color, primary brand color,and secondary brand color. Assistive devices used by disabled persons tonavigate websites include technology such as screen readers, which may usevisual cues to navigate public-facing websites. To the extent that Businesschooses designs that hinder the effective use of screen readers or similarassistive technology, Peppr is not responsible for the Business Websites’noncompliance with the ADA or similar State laws. Any information provided byPeppr to Business regarding potential compliance considerations under the ADAor similar State laws is provided as is, includes no representations ofaccuracy or applicability and should not be construed as legal advice or reliedupon as such. Business should consult with a licensed attorney or ADAprofessional to determine whether any Business Website is navigable by the useof assistive technology or otherwise compliant with the ADA or similar Statelaws.
6.1 Peppr Content.
Peppr hereby authorizes Business, subject to the terms ofthis RA, to access and use the designs, text, graphics, images, video,information, logos, button icons, software (including mobile applications andhosted software services), audio files, computer code, Third Party Content (asdefined below), and other Peppr content included within the Service(collectively, “Peppr Content”) solely for Business’s use of the Service. Anyother use is expressly prohibited. All Peppr Content and the compilation (meaningthe collection, arrangement, and assembly) of all Peppr Content are theproperty of Peppr or its licensors and are protected under copyright,trademark, and other laws. Unauthorized use of the Peppr Content may violatecopyright, trademark, and applicable communications regulations and statutesand is strictly prohibited. Business must preserve all copyright, trademarks,service marks, and other proprietary notices contained in the original PepprContent.
6.2 All Peppr Rights Reserved.
Business acknowledges that the license granted inSection 6.1 confers no title or ownership and is not a sale of anyrights in the Peppr Content and understands that this RA is not intended toconfer, and does not confer, any rights or remedies on any person other than anon-exclusive, non-transferable, non-sublicensable, limited license. As betweenPeppr and Business, Peppr retains all intellectual property rights in theService and Peppr Content, including all patent, copyright, and trademarkrights. All rights not expressly granted to Business are reserved solely toPeppr. There are no implied licenses granted hereunder.
6.3 Third Party Content.
The Service may contain content from Peppr’s licensors,including from Customers (“Third Party Content”). Business acknowledges thatBusiness will not obtain, as a result of Business’s use of the Service, anyright, title, or interest in or to Third Party Content delivered via theService or in any intellectual property rights (including any copyrights,patents, trademarks, trade secrets, or other rights) in the Third PartyContent. Except as expressly permitted by this RA, Business may not copy,modify, translate, publish, broadcast, transmit, distribute, perform, display,or sell any Third Party Content.
7.1 Marketing Materials.
Peppr may, from time to time, provide Business withmarketing materials, which may include fliers, door decals, signs, or othermaterials (“Marketing Materials”). Subject to Section 7.2 below,Business may use the Marketing Materials that Business finds acceptable in itsreasonable discretion. Business may not modify any Marketing Materials withoutPeppr’s prior written consent. Peppr will, as between Peppr and Business,retain all right, title, and interest in and to all Marketing Materialsprovided to Business under this RA.
7.2 Marketing Efforts.
Business shall use commercially reasonable efforts toconduct the following marketing activities during the term of this RA: (i) handout fliers or other Marketing Materials, as applicable, to Customers or otherpatrons of the Restaurant promoting the Service, (ii) refer Customers who callRestaurants to place an order to place an order online via the Service instead,and (iii) promote the Service by emailing or SMS messaging Customers, in eachcase, conducted in compliance with all applicable law.
7.3 Website.
Since Business first uses the Service, and thereafter at alltimes during the term of the RA, Business will feature on each Business WebsitePeppr’s company name and logo, a narrative description of the Service as theyapply to the relationship contemplated hereunder, and a hyperlink to Peppr’swebsite (“Peppr Reference”). Business and Peppr will agree upon placement,appearance, and content of the Peppr Reference prior to making the PepprReference public. Business will remove any Peppr Reference promptly uponPeppr’s request.
7.4 Publicity.
Peppr may use Business’s name and logo in its marketingmaterials, press releases, and on its website solely to identify Business as auser of the Service.
8.1 Generally.
For the purposes of this RA, “Tablet” means a configuredtablet (i) for which the Service is optimized and (ii) provided to Business byPeppr. Any firmware or other software that is preinstalled in a Tablet is“Peppr Content” under this RA and is licensed to Business in accordance withSection 6. Peppr may, in its sole discretion, provide support for Tabletsand any software preinstalled on Tablets.
8.2 Loaned Tablets.
The terms in this Section 8.2 only apply toTablets that Business loans from Peppr (“Loaned Tablets”). Within 7 businessdays after Business receives a Loaned Tablet, if it fails to turn on or hasother hardware defects, Business may return it for a replacement. Business willuse Loaned Tablets in a careful and lawful manner and will not make anyalterations, additions, or improvements to such Loaned Tablets without Peppr’sprior written consent. Business will take reasonable and prudent care tomaintain Loaned Tablets in a safe and secure manner. Upon termination of thisRA, Business will return all Loaned Tablets to Peppr within seven business days(the “Tablet Return Period”). Loaned Tablets are loaned, not sold, to Business,solely for Business’s use during the term of this RA. Nothing in this RAtransfers ownership of any Loaned Tablet to Business and Business has no titleor property interest in Loaned Tablets. Business will keep Loaned Tablets freeof all security interests, liens, and other encumbrances.
8.2.1 Loss or Damage
If Business causes the loss of or damage to the LoanedTablet (including but not limited to improper use, malicious damage,unauthorized repairs, etc.) due to its own actions or omissions, or fails toreturn by the agreed time, Peppr will charge Business the replacement cost ofsuch Loaned Tablets.
8.2.2 Repair
If the Loaned Tablet is damaged for the reasons mentionedabove but is repairable, Business may choose to repair the equipment at its ownexpense and restore it to a usable condition. Once the equipment is restored,it can continue to be used, and Business will not be required to provideadditional compensation.
8.3 Purchased Tablets.
The terms in this Section 8.3 only apply toTablets that Business purchases from Peppr (“Purchased Tablets”).
8.3.1 Risk of Loss; Title.
All Purchased Tablets are subject to a shipment contract.This means that the risk of loss and title for Purchased Tablets will pass toBusiness upon Peppr’s delivery of the applicable Purchased Tablet to thecarrier. Peppr will not ship a Purchased Tablet until it has received theTablet Purchase Fee for the applicable Purchased Tablet.
8.3.2 Returns and Refunds.
If Business is dissatisfied with a Purchased Tablet,Business may return it at its own cost for a full refund within 30 days of thedate Business receives that Purchased Tablet.
8.3.3 Shipping.
Currently, the Service and Tablets are only available tobusinesses in the United States. Peppr will bear the cost of shipping Tabletsto Business.
8.4 Pass-Through Warranty.
Whether Business is loaned or purchases a Tablet, Businessacknowledges that each Tablet is provided to Peppr by third party equipmentmanufacturers. Peppr will, to the extent transferable, pass through to Businessthe warranty, if any, as provided to Peppr by such third party equipmentmanufacturers.
9.1 Generally.
For the purposes of this RA, “Printer” means a configuredprinter (i) for which the Service is optimized and (ii) provided to Business byPeppr. Any firmware or other software that is preinstalled in a Printer is“Peppr Content” under this RA and is licensed to Business in accordance withSection 6. Peppr may, in its sole discretion, provide support for Printersand any software preinstalled on Printers.
9.2 Loaned Printers.
The terms in this Section 9.2 only apply toPrinters that Business purchases from Peppr (“Loaned Printers”). Within 7business days after Business receives a Loaned Printer, if it fails to turn onor has other hardware defects, Business may return it for a replacement.Business will use Loaned Printers in a careful and lawful manner and will notmake any alterations, additions, or improvements to such Loaned Printerswithout Peppr’s prior written consent. Business will take reasonable andprudent care to maintain Loaned Printers in a safe and secure manner. Upontermination of this RA, Business will return all Loaned Printers to Pepprwithin seven business days (the “Printer Return Period”). Loaned Printersare loaned, not sold, to Business, solely for Business’s use during the term ofthis RA. Nothing in this RA transfers ownership of any Loaned Printer toBusiness, and Business has no title or property interest in Loaned Printers.Business will keep Loaned Printers free of all security interests, liens, andother encumbrances.
9.2.1 Loss or Damage
Business will be responsible for the entire replacement costof any Loaned Printer that is lost, stolen, or damaged. Business willimmediately notify Peppr if any Loaned Printer is lost, stolen, or damaged. IfBusiness fails to return all Loaned Printers within the Printer Return Period,Peppr reserves the right to charge Business the replacement cost of suchunreturned Loaned Printers.
9.2.2 Repair
If the Loaned Printer is damaged for the reasons mentionedabove but is repairable, Business may choose to repair the equipment at its ownexpense and restore it to a usable condition. Once the equipment is restored,it can continue to be used, and Business will not be required to provideadditional compensation.
9.3 Purchased Printers.
The terms in this Section 9.3 only apply toPrinters that Business purchases from Peppr (“Purchased Printers”).
9.3.1 Risk of Loss; Title.
All Purchased Printers are subject to a shipment contract.This means that the risk of loss and title for such Purchased Printers willpass to Business upon Peppr’s delivery of the applicable Purchased Printer tothe carrier. Peppr will not ship a Purchased Printer until it has received thePrinter Purchase Fee for the applicable Purchased Printer.
9.3.2 Returns and Refunds.
If Business is dissatisfied with a Purchased Printer,Business may return it at its own cost for a full refund within 30 days of thedate Business receives that Purchased Printer.
9.4 Shipping.
Currently, the Service and Printers are only available tobusinesses in the United States. Peppr will bear the cost of shipping Printersto Business.
9.5 Pass-Through Warranty
Whether Business is loaned or purchases a Printer, Businessacknowledges that each Printer is provided to Peppr by third-party equipmentmanufacturers. Peppr will, to the extent transferable, pass through to Businessthe warranty, if any, as provided to Peppr by such third party equipmentmanufacturers.
10.1 Loyalty Programs
The Service may enable Business to offer Customers loyaltypoints or other programs through which Customers may receive rewards orbenefits for placing Customer Orders (“Loyalty Program”). Business is solelyresponsible for the lawful operation of such Loyalty Programs and agrees tohonor any rewards or benefits offered to Customers in connection with suchLoyalty Programs.
10.2 Promotions
If Business or its designee uses the Service to advertise orrun a promotion (including a contest or sweepstakes) (a “Promotion”), Businessis fully responsible for the lawful operation of each Promotion, including theofficial rules, offer terms and eligibility requirements, and compliance withapplicable rules and regulations governing each Promotion and prizes offered(including registration and bonding and obtaining any necessary approvals).Promotions must include a complete release of Peppr, its affiliates, employees,contractors, and agents by the participants and an acknowledgement that theapplicable Promotion is not sponsored by or associated with Peppr. Peppr willnot provide any support for Promotions and Business agrees that use of theService in connection with any Promotion is at Business’s own risk.
11. Prohibited Service Uses
Business will only use the Service for its intendedpurpose. Business must use the Service in compliance with all privacy, dataprotection, intellectual property, and other applicable laws. Business will not(and will not permit, enable, or assist others to): (i) aggregate, copy, orduplicate any Peppr Content; (ii) use data mining, robots, or other datagathering devices on the Service; (iii) remove, disable, damage, circumvent, orotherwise interfere with the security of the Service; (iv) interfere or attemptto interfere with the proper working of the Service; (v) gain or attempt togain unauthorized access to the Service or computers linked to the Service;(vi) reverse engineer or attempt to reverse engineer the Service; (vii) frameor link to the Service without permission; (viii) attempt to submit or submit avirus to the Service; (ix) take any action imposing an unreasonable ordisproportionately large load on Peppr’s infrastructure; (x) obtain or attemptto obtain unauthorized access to other users’ accounts; (xi) sell, transfer, orassign any of its rights to use the Service to a third party without Peppr’sexpress written consent; (xii) use the Service in a manner that results in ormay result in complaints, disputes, claims, fines, penalties, and otherliability to Peppr or others; (xiii) use the Service in an illegal way or tocommit an illegal act; (xiv) access the Service from a jurisdiction where it isillegal, unauthorized, or penalized; or (xv) attempt to do any of theforegoing. Business further agrees that it will not use Customer Data (asdefined below) in any manner other than in accordance with the Privacy Policy.
12. Third Party Software
The Platform may include or be accompanied by softwareowned or licensed by a third party (“Third Party Software”). Third PartySoftware may be subject to separate license terms, which may be provided ormade available to Business by Peppr.
13.1 Consent to Use of Business’s Data; SMS Marketing andTCPA
Business agrees that Peppr and its service providers maycollect and use technical data and related information, including deviceidentifiers and other technical information about Business’s devices, systems,and application software, and peripherals that is gathered periodically tofacilitate the provision of software updates, product support, and otherservices to Business (if any) related to the Platform and the Service, and totrack and report Business’s activity inside of the Service, including for analyticspurposes. Please see the Privacy Policy for more details regarding thepersonally identifiable information Peppr collects and how it uses anddiscloses that information. The Service includes telemarketing. Specifically,SMS texts will be sent to Customers on behalf of Business. During Businessonboarding to the Platform, Peppr will request from Business a phone list, alist of Customer phone numbers for the purpose of SMS telemarketing. TheTelephone Consumer Protection Act (TCPA) 47 USC § 227 requires affirmative(opt-in) consent for the use of phone numbers for telemarketing. To the extentthat the TCPA or any subsequent or similar US State or Federal law governingconsent to telemarketing is applicable to the use of Business Customer phonenumbers for SMS marketing purposes, Business represents and warrants that ithas obtained or will obtain such lawful consent prior to providing such phonelist to Peppr. Peppr expressly disclaims liability for any violation of theTCPA or similar US State or Federal laws related to Customer phone numbersprovided to Peppr by Business.
13.2 Customer Data. “Customer Data”
means all information submitted by or collected regardingCustomers via the Service, including addresses and contact information. To theextent Peppr provides Business with any Customer Data, Business may use suchCustomer Data only in connection with its use of the Services and at all timesin a manner consistent with the Privacy Policy.
The Service and the Peppr Content, including allintellectual property rights therein, are the sole and exclusive property ofPeppr and its licensors, including other users of the Service, provided thatBusiness retains ownership of any intellectual propertyrights it may have in any Business Content that Business uploads to theService. Except for the limited license expressly granted by and to Businessunder this RA, no other rights, licenses, or immunities are granted or will bedeemed to be granted under this RA, either expressly, or by implication,estoppel, or otherwise. All rights not expressly granted by a party hereunderare expressly reserved.
The RA is effective until terminated by Business or Peppr.Business’s rights under this RA will terminate automatically without noticefrom Peppr if Business fails to comply with any term(s) of this RA (includingby violating any license restriction provided herein). Business may terminatethis RA at any time by: (i) notifying Peppr of Business’s intent to do so, and(ii) returning all Loaned Tablets to Peppr in accordance with Section 8.2,and (iii) returning all Loaned Printers to Peppr in accordance withSection 9.2. Upon termination, Business must immediately cease all use ofthe Platform, and destroy all copies, full or partial, of the Platform and anyMarketing Materials in Business’s possession or control, take down all Pepprreferences, and return all Loaned Tablets to Peppr within five business days oftermination. Business’s payment obligations, obligations to comply with lawsrelated to sale, issuance and receipt of Gift Cards, and Sections 6.2, 6.3, 11.3, 12, 14.1, 16, 17, 19, 20, 21, 22 23,and 24 will survive termination of this RA for any reason. Peppr mayterminate this RA upon notice to Business. Additionally, Peppr may terminatethis RA on 10 days’ notice in the event of Business’s breach of this RA if thebreach is not remedied within such 10-day period or immediately in the eventthe breach is incapable of cure.
Except as otherwise specified herein, Peppr may revisethis RA, the Pricing Page, or the pricing otherwise offered to Business on agoing forward basis at any time on notice to Business, to be effective 30 daysfollowing such notice. Business agrees that such notice may be delivered viaemail. Business may terminate this RA if Business objects to any such revisionby providing Peppr notice within 30 days following such notice (such notice, an“Objection”), in which case, Business may continue to use the Service for up to90 days following Peppr’s notice of the revised RA or pricing. Business’scontinued use of the Service between Peppr’s receipt of an Objection and theeffective date of Business’s termination will be governed by the RA in effectimmediately prior to the date of the Objection.
Business agrees to indemnify and hold Peppr, its officers,directors, employees, agents, service providers, and licensors (the “ReleasedParties”) harmless from and against any claims, liabilities, damages, losses,and expenses, including reasonable legal and accounting fees, arising out of orin any way connected to (i) the Business Content or any other material orinformation provided by Business to Peppr, including the names or otheridentifying information of Business’s employees, (ii) Business’s access, use,or misuse of the Service or Peppr Content, (iii) Business’s violation of thisRA, (iv) Business’s Loyalty Programs or Promotions, (v) claims for personalinjury or death caused by Business’s products or services, (vi) Business’ssale, issuance or acceptance of Gift Cards, including claims related toviolations of applicable law by Business and claims by Customers related toGift Cards, (vii) Business’s: violation of a consumer protection regulationrelated to transparent pricing (Section 2.5), failure to obtain lawful consentfor a transfer of information to a third-party service (Section 5.3), violationor alleged violation of the ADA or similar State laws (5.4), failure to obtainconsent for SMS marketing (Section 14.1), or (viii) Business’s dealings withany Customer. Peppr will use reasonable efforts to notify Business of any suchclaim, action, or proceeding upon becoming aware of it but if Peppr is unableto communicate with Business in a timely manner because of an inactive e-mailaddress, Business’s indemnification obligation will continue notwithstandingPeppr’s inability to contact Business in a timely manner.
BUSINESS EXPRESSLY ACKNOWLEDGES AND AGREES THAT USE OF THESERVICE, TABLETS (EXCEPT AS SET FORTH IN SECTION 8.4), PRINTERS (EXCEPT ASSET FORTH IN SECTION 9.5), AND PEPPR CONTENT (INCLUDING ANY GIFT CARDTERMS FOR USE BY BUSINESS) ARE AT BUSINESS’S SOLE RISK AND THAT THE ENTIRE RISKAS TO SATISFACTORY QUALITY, PERFORMANCE, AND ACCURACY IS WITH BUSINESS. TO THEMAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICE, TABLETS (EXCEPT AS SETFORTH IN SECTION 8.4), PRINTERS (EXCEPT AS SET FORTH IN SECTION 9.5),AND ALL PEPPR CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTSAND WITHOUT WARRANTY OF ANY KIND, AND PEPPR HEREBY DISCLAIMS, ON BEHALF OF ITSELFAND ITS SUPPLIERS AND LICENSORS, ALL WARRANTIES AND CONDITIONS WITH RESPECTTHERETO, EITHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIEDWARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FORA PARTICULAR PURPOSE, ACCURACY, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT OFTHIRD PARTY RIGHTS. PEPPR DOES NOT WARRANT AGAINST INTERFERENCE WITH BUSINESS’SENJOYMENT OF THE SERVICE, TABLETS, PRINTERS, OR PEPPR CONTENT, THAT THEFUNCTIONS CONTAINED IN OR SERVICES PERFORMED OR PROVIDED BY THE SERVICE,TABLETS, PRINTERS, OR PEPPR CONTENT WILL MEET BUSINESS’S REQUIREMENTS, THAT THEOPERATION OF THE SERVICE, TABLETS, PRINTERS, OR PEPPR CONTENT WILL BE SECURE,UNINTERRUPTED, OR ERROR-FREE, OR THAT ANY DEFECTS IN ANY OF THE FOREGOING WILLBE CORRECTED. PEPPR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR FAILING TOOBTAIN CUSTOMER CONSENT FOR THE TRANSFER OF INFORMATION FROM THE PLATFORM TO ATHIRD-PARTY SERVICE. PEPPR EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FORFAILING TO OBTAIN CUSTOMER CONSENT FOR FAILING TO OBTAIN CONSENT FOR SMS TEXTMARKETING TO CUSTOMER PHONE NUMBERS PROVIDED TO PEPPR BY BUSINESS. NO ORAL ORWRITTEN INFORMATION OR ADVICE GIVEN BY PEPPR OR ITS REPRESENTATIVES WILL CREATEA WARRANTY NOT EXPRESSLY PROVIDED FOR IN THIS RA. SHOULD THE SERVICE, TABLETS,PRINTERS, OR PEPPR CONTENT PROVE DEFECTIVE, BUSINESS ASSUMES THE ENTIRE COST OFALL NECESSARY SERVICING, REPAIR, OR CORRECTION. SOME JURISDICTIONS DO NOT ALLOWTHE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORYRIGHTS, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO BUSINESS, BUTIN SUCH A CASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLEUNDER APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NOEVENT WILL THE RELEASED PARTIES BE LIABLE FOR PERSONAL INJURY, OR ANYINCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER,INCLUDINGDAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, ORANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO BUSINESS’SUSE OR INABILITY TO USE THE SERVICE, TABLETS, PRINTERS, OR ANY PEPPR CONTENT,HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, OR OTHERWISE)AND EVEN IF ANY OF THE RELEASED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OFSUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FORPERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATIONMAY NOT APPLY TO BUSINESS. IN NO EVENT WILL THE RELEASED PARTIES’ TOTALLIABILITY TO BUSINESS FOR ALL DAMAGES (OTHER THAN AS MAY BE REQUIRED BYAPPLICABLE LAW IN CASES INVOLVING PERSONAL INJURY), EXCEED THE AMOUNTS PAID BYRESTAURANT TO PEPPR PURSUANT TO THIS RA IN THE TWELVE MONTHS PRECEDING THEEVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS WILL APPLY EVEN IFTHE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DONOT ALLOW THE EXCLUSION OF OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITIES,SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO BUSINESS, BUT IN SUCH ACASE THE FOREGOING WILL BE APPLIED TO THE GREATEST EXTENT ENFORCEABLE UNDERAPPLICABLE LAW.
Peppr is not responsible for any disputes or disagreementsbetween Business and any third party, such as a Customer, that Businessinteracts with using the Service. Business assumes all risk associated withdealing with third parties. Business agrees to resolve disputes directly withthe other party. Business hereby releases Peppr of all claims, demands, anddamages in disputes among users of the Service. Business also agrees not toinvolve Peppr in such disputes.
21.1 Generally
Except as described in Section 21.2 (Exceptions)and 21.3 (Opt-Out), Business and Peppr agree that every disputearising in connection with this RA, the Service, or communications from Pepprwill be resolved through binding arbitration. Arbitration uses a neutralarbitrator instead of a judge or jury, is less formal than a court proceeding,may allow for more limited discovery than in court, and is subject to verylimited review by courts. This agreement to arbitrate disputes includes allclaims whether based in contract, tort, statute, fraud, misrepresentation, orany other legal theory, and regardless of whether a claim arises during orafter the termination of this RA. Any dispute relating to the interpretation,applicability, or enforceability of this binding arbitration agreement will beresolved by the arbitrator. BUSINESS UNDERSTANDS AND AGREES THAT, BY ENTERINGINTO THIS RA, BUSINESS AND PEPPR ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURYOR TO PARTICIPATE IN A CLASS ACTION.
21.2 Exceptions
Although the parties are agreeing to arbitrate most disputesbetween themselves, nothing in this RA will be deemed to waive, preclude, orotherwise limit the right of either party to: (a) bring an individual action insmall claims court; (b) pursue an enforcement action through the applicablefederal, state, or local agency if that action is available; (c) seekinjunctive relief in a court of law in aid of arbitration; or (d) to file suitin a court of law to address an intellectual property infringement claim.
21.3 Opt-Out
If Business does not wish to resolve disputes by bindingarbitration, Business may opt out of the provisions of this Section 21 (DisputeResolution and Arbitration) within 30 days after the date that Business agreesto this RA by sending a letter to Peppr.com, Inc., Attention: Legal Department– Arbitration Opt-Out, 530 Lytton Avenue, 2nd Floor, Palo Alto, CA 94301that specifies: Business’s full legal name, the email address associated withBusiness’s account on the Service, and a statement that Business wishes to optout of arbitration (“Opt-Out Notice”). Once Peppr receives Business’s Opt-OutNotice, this Section 21 (Dispute Resolution and Arbitration) will bevoid and any action arising out of this RA will be resolved as set forth inSection 22.1 (Governing Law). The remaining provisions of this RAwill not be affected by Business’s Opt-Out Notice.
21.4 Arbitrator
This arbitration agreement, and any arbitration between theparties, is subject the Federal Arbitration Act and will be administered by theAmerican Arbitration Association (“AAA”) under its Consumer Arbitration Rules(collectively, “AAA Rules”) as modified by this RA. The AAA Rules and filingforms are available online at www.adr.org, by calling the AAA at+1-800-778-7879, or by contacting Peppr.
21.5 Commencing Arbitration
Before initiating arbitration, a party must first send awritten notice of the dispute to the other party by certified U.S. Mail or byFederal Express (signature required) or, only if that other party has notprovided a current physical address, then by electronic mail (“Notice ofArbitration”). Peppr’s address for Notice is: Peppr.com, Inc., 530 LyttonAvenue, 2nd Floor, Palo Alto, CA 94301. The Notice of Arbitration must:(a) identify the name or account number of the party making the claim; (b) describethe nature and basis of the claim or dispute; and (c) set forth the specificrelief sought (“Demand”). The parties will make good faith efforts to resolvethe claim directly, but if the parties do not reach an agreement to do sowithin 30 days after the Notice of Arbitration is received, Business or Pepprmay commence an arbitration proceeding. If Business commences arbitration inaccordance with this RA, Peppr will reimburse Business for its payment of thefiling fee, unless Business’s claim is for more than US$10,000 or if Peppr hasreceived 25 or more similar demands for arbitration, in which case the paymentof any fees will be decided by the AAA Rules. If the arbitrator finds thateither the substance of the claim or the relief sought in the Demand isfrivolous or brought for an improper purpose (as measured by the standards setforth in Federal Rule of Civil Procedure 11(b)), then the payment of all feeswill be governed by the AAA Rules and the other party may seek reimbursementfor any fees paid to AAA Rules.
21.6 Arbitration Proceedings
Any arbitration hearing will take place in the county andstate of Business’s billing address unless the parties agree otherwise or, ifthe claim is for US$10,000 or less (and does not seek injunctive relief),Business may choose whether the arbitration will be conducted: (a) solely onthe basis of documents submitted to the arbitrator; (b) through a telephonic orvideo hearing; or (c) by an in-person hearing as established by the AAA Rulesin the county (or parish) of Business’s billing address. During thearbitration, the amount of any settlement offer made by Business or Peppr mustnot be disclosed to the arbitrator until after the arbitrator makes a finaldecision and award, if any. Regardless of the manner in which the arbitrationis conducted, the arbitrator must issue a reasoned written decision sufficientto explain the essential findings and conclusions on which the decision andaward, if any, are based.
21.7 Arbitration Relief
Except as provided in Section 21.8 (No ClassActions), the arbitrator can award any relief that would be available if theclaims had been brought in a court of competent jurisdiction. If the arbitratorawards Business an amount higher than the last written settlement amountoffered by Peppr before an arbitrator was selected, Peppr will pay to Businessthe higher of: (a) the amount awarded by the arbitrator and (b) US$10,000. Thearbitrator’s award shall be final and binding on all parties, except (1) forjudicial review expressly permitted by law or (2) if the arbitrator’s awardincludes an award of injunctive relief against a party, in which case thatparty shall have the right to seek judicial review of the injunctive relief ina court of competent jurisdiction that shall not be bound by the arbitrator’sapplication or conclusions of law. Judgment on the award may be entered in anycourt having jurisdiction.
21.8 No Class Actions
BUSINESS AND PEPPR AGREE THAT EACH MAY BRING CLAIMS AGAINSTTHE OTHER ONLY IN BUSINESS’S OR PEPPR’S INDIVIDUAL CAPACITY AND NOT AS APLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.Further, unless both Business and Peppr agree otherwise, the arbitrator may notconsolidate more than one person’s claims, and may not otherwise preside overany form of a representative or class proceeding.
21.9 Modifications to this Arbitration Provision
If Peppr makes any substantive change to this arbitrationprovision, Business may reject the change by sending Peppr written noticewithin 30 days of the change to Peppr’s address for Notice of Arbitration, inwhich case Business’s account with Peppr will be immediately terminated andthis arbitration provision, as in effect immediately prior to the changesBusiness rejected will survive.
21.10 Enforceability
If Section 21.8 (No Class Actions) or the entiretyof this Section 21 (Dispute Resolution and Arbitration) is found tobe unenforceable, or if Peppr receives an Opt-Out Notice from Business, thenthe entirety of this Section 21 (Dispute Resolution and Arbitration)will be null and void and, in that case, the exclusive jurisdiction and venuedescribed in Section 22.1 (Governing Law) will govern any actionarising out of or related to this RA.
22.1 Governing Law
This RA and the relationship between Business and Peppr willbe governed by the laws of the state of California without regard to itsconflict of laws provisions that would result in the application of the laws ofanother jurisdiction. Business and Peppr submit to the personal and exclusivejurisdiction of the state courts and federal courts located within Los AngelesCounty, California for resolution of any lawsuit or court proceeding permittedunder this RA.
22.2 Assignment
Business may not assign this RA or any of the rights orlicenses granted hereunder, directly or indirectly, without the prior writtenconsent of Peppr. This means that, if Business purchases a Tablet, in the eventBusiness disposes of that Tablet, such as by sale or gift, Business isresponsible for deleting Peppr Content and other Service-related content fromthat Tablet prior to such disposition. Peppr may assign this RA, including allits rights hereunder, in whole or in part, without restriction. Any assignmentmade in violation of this RA is void. This RA will be binding upon, and inureto the benefit of, Peppr, Business, and their respective successors andpermitted assignees.
22.3 Consent to Electronic Communications
By using the Service, Business consents to receiving certainelectronic communications from Peppr as further described in the PrivacyPolicy. Business agrees that any notices, agreements, disclosures, or othercommunications that Peppr sends to Business electronically will satisfy anylegal communication requirements, including that such communications be inwriting.
22.4 Consent to Contact Mobile Number
By voluntarily providing your mobile phone number to Peppror through any Peppr Services, you confirm you are authorized to provide thatnumber to Peppr and agree that Peppr may contact you at that number. If youprovide a mobile number, you expressly agree that Peppr may contact you usingautomated telephone call, and SMS or MMS messages at that phone number, and youhereby consent to receiving such communications for transactional,informational, and operational purposes.
22.5 Jurisdictional Matters
The Service is controlled and operated by or on behalf ofPeppr from its offices within the state of California. Peppr makes norepresentation that materials on the Service are appropriate or available foruse in other locations. If Business chooses to access or use the Service fromother locations, including from outside the United States of America, Businessdoes so on its own initiative and is responsible for compliance with locallaws, if and to the extent local laws are applicable. Access to the Servicefrom jurisdictions where the contents or practices of the Service are illegal,unauthorized, or penalized is strictly prohibited.
22.6 Additional Terms
This RA, together with the Privacy Policy, thePricing Page, and Business’s commitments to Peppr regarding the acquisition ofTablets, Printers, or other goods or services in connection with this RA, anyother agreements expressly incorporated by reference herein, constitute theentire and exclusive understanding and agreement between Business and Pepprregarding Business’s use of and access to the Service and all Peppr Content andexcept as expressly permitted herein may be amended only by a written agreementsigned by Business and an authorized representative of Peppr that referencesthis RA. The failure to require performance of any provision will not affectPeppr’s right to require performance at any time thereafter, nor will a waiverof any breach or default of this RA or any provision of this RA constitute awaiver of any subsequent breach or default or a waiver of the provision itself.In the event that any part of this RA is held to be invalid or unenforceable,the unenforceable part will be given effect to the greatest extent possible andthe remaining parts will remain in full force and effect.
22.7 Interpretation
Use of section headers in this RA is for convenience onlyand will not have any impact on the interpretation of particular provisions.For purposes of this RA: (i) the words “include,” “includes” and “including”will be deemed to be followed by the words “without limitation”; (ii) the words“such as”, “for example” “e.g.” and any derivatives of those words will mean byway of example and the items that follow these words will not be deemed anexhaustive list; (iii) the word “or” is used in the inclusive sense of “and/or”and the terms “or,” “any,” and “either” are not exclusive; (iv) the words“herein,” “hereof,” “hereby,” “hereto” and “hereunder” refer to this RA as awhole; and (v) words denoting the singular have a comparable meaning when usedin the plural, and vice-versa. References to “$” and “dollars” are to thecurrency of the United States of America. Any law defined or referred to hereinmeans such law as from time to time amended, modified or supplemented,including (in the case of statutes) by succession of comparable successor laws.
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