Last Updated: May 29, 2016
Changes to the Terms
Dear Peanut may change the Terms at any time by posting the amended Terms on the DearPeanut.com website. You should check this website from time to time to review the current Terms as they are binding on you. Your continued use of the Dear Peanut Services will constitute your acceptance of the amended Terms.
The Dear Peanut Services
License: Subject to your compliance with the Terms, Dear Peanut and/or its licensors provide you with a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Dear Peanut Services.
Intellectual Property: The Dear Peanut Services are our copyrighted property or the copyrighted property of our licensors and all trademarks, service marks, trade names, trade dress and other intellectual property rights in the Dear Peanut Services and the material published in them are owned by us or our licensors or licensees. No element of the Dear Peanut Services may be used or exploited in any way other than as part of the Dear Peanut Services offered to you. You own the physical media (such as a book), if any, on which elements of the Dear Peanut Services are delivered to you, but we retain full and complete ownership of the Dear Peanut Services. We do not transfer title to any portion of the Dear Peanut Services to you.
You are permitted to print and download extracts from the Dear Peanut Services, including the DearPeanut.com website, only for your personal reference, and only provided that:
no documents or related graphics on the Dear Peanut Services are modified or copied in any way; no graphics on the Dear Peanut Services are used separately from accompanying text; and the status of Dear Peanut (and that of any identified contributors) as the author of any material on the Dear Peanut Services is always acknowledged.
Otherwise, no part of the Dear Peanut Services may be reproduced or stored, modified, copied, republished, uploaded, posted, transmitted or distributed, by any means or in any manner, or included in any other website or in any public or private electronic retrieval system or service including but not limited to text, graphics, video, messages, code and/or software without our express prior written consent.
If you breach any of these Terms, your permission to use the Dear Peanut Services automatically terminates and you must immediately destroy any downloaded or printed extracts from the Dear Peanut Services.
Changes: The Dear Peanut Services are evolving and will change over time. Dear Peanut, its affiliates and its licensors reserve the right to change, suspend, remove or disable access to the Dear Peanut Services or other materials comprising any part of the Dear Peanut Services at any time without notice. In no event will Dear Peanut be liable for making these changes.
Restrictions: The Dear Peanut Services may not be used for your commercial or business-related activities or to solicit others. You agree not to knowingly or recklessly introduce a virus, Trojan, worm, logic bomb or other harmful component, or otherwise tamper with, impair or damage any Dear Peanut Service or connected network, or interfere with any person or entity’s use or enjoyment of any Dear Peanut Service. You agree not to access, monitor or copy any element of the Dear Peanut Services using a robot, spider, scraper or other automated means or manual process without our express written permission. You must not attack the Dear Peanut Services via a denial-of-service attack.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, worms, logic bombs or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
You may not circumvent or disable any content protection system or digital rights management technology used with any Dear Peanut Service; decompile, reverse engineer, disassemble or otherwise reduce any Dear Peanut Service to a human-readable form; remove identification, copyright or other proprietary notices; access without authority, interfere with, damage or disrupt any equipment or network on which the DearPeanut.com website is stored, any software used in connection with the provision of the DearPeanut.com website or any equipment, software or website used by a third party; or access or use any Dear Peanut Service in an unlawful or unauthorized manner or in a manner that suggests an association with our products, services or brands. By acquiring services, content or software through the Dear Peanut Services, you represent and warrant that your access to and use of the services, content or software will comply with applicable requirements.
Without prejudice to its other rights or remedies, Dear Peanut reserves the right to take legal proceedings against you for reimbursement of all costs or losses (on an indemnity basis) resulting from your breach of this "Restrictions" clause, and to disclose such information to law enforcement agencies as Dear Peanut reasonably believes is necessary.
Errors: Because of the personalized nature of our products, we are unable to accept returns. We encourage you to take great care to ensure the accuracy of each order before printing. We provide a digital proof of your book via the website to allow for any changes. We ask that you carefully review your proof before purchasing.
Some Dear Peanut Services require you to create an account to participate in a specific Dear Peanut Service. You are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. You agree to update your account information to keep it current and accurate. Dear Peanut sells products for children, but we sell them to adults (18 and over), who can purchase with a credit card or other permitted payment method accepted by Dear Peanut. You are responsible for ensuring that all persons who access our site through your internet connection are aware of these Terms and that they comply with them.
You agree not to impersonate or misrepresent your affiliation with any person or entity, including using another person’s username, password or other account information, another person’s name or likeness or provide false details for a parent or guardian. You agree that we may take steps to verify the accuracy of information you provide, including contact information for a parent or guardian.
Dear Peanut may offer community features as part of the Dear Peanut Services. You may post reviews, comments, photos and other content and submit suggestions, ideas, comments, questions, opinions and feedback You may not post content that is illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights or otherwise injurious to any person or entity. You also may not post content that consists of or contains software viruses, political campaigning, objectionable materials, commercial solicitation, chain letters, mass mailings or any form of "spam". You may not use a false e-mail address, impersonate any person or entity or otherwise provide misleading information. Dear Peanut reserves the right (but not the obligation) to remove or edit such content, at its sole discretion.
If you do post content or submit material, you grant Dear Peanut a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display such content throughout the world in any media, including, without limitation, in connection with advertising our product and reviews. You grant Dear Peanut the right to use the name that you submit in connection with such content, if we or they choose to use it. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate the Terms and will not cause injury to any person or entity; and that you will indemnify Dear Peanut for all claims resulting from content you supply. Dear Peanut has the right but not the obligation to monitor and edit or remove any activity or content. Dear Peanut takes no responsibility and assumes no liability for any content posted by you or any third party.
When you use parts of the Dear Peanut Services or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on our website or through the other Dear Peanut Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing and are effective immediately.
Contests, Sweepstakes and Other Activities
Dear Peanut provides rules and/or guidelines ("Rules of Participation") for certain activities on the Dear Peanut Services including, without limitation, contests and sweepstakes. The Terms incorporate by reference the specific Rules of Participation which appear in connection with information about a particular activity. To the extent that any conflict exists between the Terms and specific Rules of Participation, the Rules of Participation for the activity in which you choose to participate shall govern.
Purchasing Physical and Digital Products
Dear Peanut’s physical and digital products are available through our website. Customers must be over age 18. Visitors under age 18 are not permitted to make purchases.
No Return or Refund. Because of the personalized nature of our products, we are unable to accept returns. We encourage you to take great care to ensure the accuracy of each order before printing. We provide a digital proof of your book via the website to allow for any changes. We ask that you carefully review your proof before purchasing.
Warranty Information: Dear Peanut products are sold "as is". All sales of physical and digital products are final. There are no returns or refunds on the purchase of digital or physical products.
Charges: The Dear Peanut Services accept these forms of payment for the purchase of digital products: credit cards (credit cards may not be accepted in all countries) or other payment methods accepted by Dear Peanut.
Pricing: Prices for products offered via the Dear Peanut Services may change at any time, and the Dear Peanut Services do not provide price protection or refunds in the event of a price reduction or promotional offering. Dear Peanut reserves the right to cancel an order for a digital product in the event of a typographical or other error in the price listed for the digital product.
Site Transactions: 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.
Taxes: We will charge taxes on digital products purchased when taxes are applicable.
Devices: You may download one (1) copy of each digital product purchased on unlimited devices provided such devices are all owned by members of the same household or family.
The Dear Peanut Services may contain links to web sites operated by third parties. The linked sites are not under our control, and we are not responsible for the content available on any web sites linked to the Dear Peanut Services or for any loss or damage that may arise from your use of them. Such links do not imply Dear Peanut’s endorsement of material on any other web site and Dear Peanut disclaims all liability with regard to your access to such linked web sites.
Submissions and Unsolicited Ideas Policies: Our company policy does not allow us to accept or consider unsolicited creative ideas, suggestions or materials. In connection with anything you submit to us, whether or not solicited by us, you agree that creative ideas, suggestions or other materials you submit are not being made in confidence or trust and that no confidential or fiduciary relationship is intended or created between you and us in any way, and that you have no expectation of review, compensation or consideration of any type.
Dear Peanut’s Procedure for Making Claims of Copyright Infringement: If you believe that any material provided through the Dear Peanut Services infringes your copyright, you should notify Dear Peanut of your infringement claim in accordance with the procedure set forth below.
A notification of claimed copyright infringement should be emailed to the Dear Peanut copyright agent at firstname.lastname@example.org (subject line: "DMCA Takedown Request"). You may also contact us by mail at:
Dear Peanut 9938 West Patmore Court Star, Idaho 93669
We will process each notice of alleged infringement that Dear Peanut receives and take appropriate action in accordance with applicable intellectual property laws. To be effective, the notification must be in writing and contain the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of an exclusive copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Dear Peanut Services that is reasonably sufficient to enable Dear Peanut to identify and locate the material; (iv) the address, telephone number and email address where you would like Dear Peanut to contact you; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you that the above information in your notice is accurate and under penalty of perjury that you are authorized to act on behalf of the copyright owner or the owner of an exclusive right in the material.
Dear Peanut has a policy of terminating the account of repeat infringers in appropriate circumstances.
DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY AND INDEMNITY: THE DEAR PEANUT SERVICES ARE PROVIDED "AS IS" AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, DEAR PEANUT NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE DEAR PEANUT SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, ERROR FREE OR RELIABLE.
IN NO EVENT SHALL DEAR PEANUT OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND SUPPLIERS (INCLUDING LICENSORS) (COLLECTIVELY, THE "DEAR PEANUT PARTIES"), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE DEAR PEANUT SERVICES (INCLUDING ANY INFORMATION, PRODUCTS OR SERVICES ADVERTISED IN, OBTAINED ON OR PROVIDED THROUGH THE DEAR PEANUT SERVICES), WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHER THEORY, EVEN IF THE DEAR PEANUT PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU TO US RELATED TO THE DEAR PEANUT SERVICES OR $50 (WHICHEVER IS LESS).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE DEAR PEANUT PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS) AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE DEAR PEANUT SERVICES. DEAR PEANUT RESERVES THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
THESE DISCLAIMERS AND LIMITATIONS DO NOT AFFECT YOUR RIGHTS AS A CONSUMER OR PURPORT TO LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW IN YOUR USUAL PLACE OF RESIDENCE.
Choice of Law: This agreement is governed by the laws of the United States of America and the State of Idaho, without giving effect to any conflict of laws principles.
Choice of Forum: You agree that any action at law or equity arising out of or related to the Terms or the Dear Peanut Service will be filed, and that venue properly lies, only in the state or federal courts located in Ada County, Idaho, United States of America. You consent and submit to the personal jurisdiction of such courts for the purpose of litigating such action.
Binding Arbitration and Class Action Waiver: You and Dear Peanut agree to arbitrate all disputes between you and Dear Peanut and/or its affiliates arising under the Terms, except disputes relating to the enforcement of Dear Peanut’s, its affiliates or its licensors’ intellectual property rights. "Dispute" includes any dispute, action or other controversy between you and us concerning the Dear Peanut Services or these Terms, whether in contract, tort, warranty, statute or regulation or other legal or equitable basis.
In the event of a dispute, you or Dear Peanut must send to the other party a notice of dispute, which is a written statement that sets forth the name, address and contact information of the party giving the notice, the facts giving rise to the dispute, and the relief requested. You must send any notice of dispute to Dear Peanut, 9938 West Patmore Court, Star, Idaho, USA, Attention: Legal/Arbitration Notice. We will send any notice of dispute to you at the contact information we have for you. You and Dear Peanut will attempt to resolve a dispute through informal negotiation within sixty (60) days from the date the notice of dispute is sent. After sixty (60) days, you or we may commence arbitration.
If you and Dear Peanut do not resolve a dispute by informal negotiation, the dispute shall be settled by binding arbitration before a neutral arbitrator whose decision will be final except for a limited right of appeal under the U.S. Federal Arbitration Act. YOU ARE GIVING UP THE RIGHT TO LITIGATE A DISPUTE IN COURT BEFORE A JUDGE OR JURY. Arbitration will be administered by the American Arbitration Association (the "AAA") under its Commercial Arbitration Rules and its Supplementary Procedures for Consumer Related Disputes. Arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim.
For residents of the United States, arbitration will take place in Ada County, Idaho. For residents outside the United States, arbitration shall be initiated in Ada County, Idaho, United States of America, and you and Dear Peanut agree to submit to the personal jurisdiction of the federal or state courts located there, in order to compel arbitration, stay proceedings pending arbitration or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
PROCEEDINGS TO RESOLVE OR LITIGATE A DISPUTE IN ANY FORUM WILL BE CONDUCTED ON AN INDIVIDUAL BASIS. Neither you nor Dear Peanut will seek to have a dispute heard as a class action, private attorney general action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No arbitration or proceeding can be combined with another without the prior written consent of all parties to the arbitration or proceeding. If the class action waiver is found to be illegal or unenforceable as to all or some parts of a dispute, those parts will be severed and proceed in a court of law, with the remaining parts proceeding in arbitration.
Enforcement: Dear Peanut reserves the right to take steps that we believe are reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms. You agree that we have the right, without liability to you, to disclose any registration data and/or account information to law enforcement authorities, government officials, and/or a third party, as we believe is reasonably necessary or appropriate to enforce and/or verify compliance with any part of the Terms (including but not limited to our right to cooperate with any legal process relating to your use of the Dear Peanut Services and/or a third-party claim that your use of the Dear Peanut Services is unlawful and/or infringes such third party's rights).
Entire Agreement: This agreement constitutes the entire agreement between you and Dear Peanut with respect to the Dear Peanut Services and supersedes all prior or contemporaneous agreements, terms or conditions, oral or written, between you and Dear Peanut.
Severability: If any provision of the Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from the Terms and shall not affect the validity and enforceability of any remaining provisions.
Survival: The provisions of the Terms, which by their nature should survive the termination of the Terms, shall survive such termination.
Waiver: No waiver of any provision of the Terms by Dear Peanut shall be deemed a further or continuing waiver of such provision or any other provision. Dear Peanut’s failure to assert any right or provision under the Terms shall not constitute a waiver of such right or provision.
Questions/Comments/Concerns: If you have any questions, comments, or concerns about the Terms, the Dear Peanut Services or our products, in general, click here for our contact information.