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Terms and Conditions

EROS LOVE SHOP

TERMS & CONDITIONS

 

Last Updated: [Aug 1, 2023]

 

1. ACCEPTANCE OF TERMS.

By accessing and using the website located at www.erosloveshop.com ("Website") operated by PEAK PRODUCTS CORPORATION ("PEAK PRODUCTS", "we", "our" or "us"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree to these Terms, you must cease all use of the Website and any services provided therein ("Services").

 

2. AGE RESTRICTIONS AND USER REPRESENTATIONS.

  1. Age Requirement. You hereby represent, warrant, and covenant that you are at least 18 years of age. Access to the Website and purchase of products from PEAK PRODUCTS is strictly and expressly conditioned on compliance with this age requirement. PEAK PRODUCTS reserves the right to request proof of age, in a form acceptable to PEAK PRODUCTS, at any time, and your failure to provide satisfactory proof within a time frame determined by PEAK PRODUCTS will be deemed a material breach of these Terms.

  2. Compliance with Laws. You represent and warrant that your access to the Website and purchase and use of products sold by PEAK PRODUCTS will comply with all applicable laws, rules, and regulations, including but not limited to age restrictions and product safety laws, and will not cause PEAK PRODUCTS or its affiliates to violate any applicable laws, rules, or regulations.

  3. Indemnification for Breach. You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its officers, directors, employees, agents, licensors, principals, suppliers, and any thirdparty information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of this section or any activity related to your account, including but not limited to negligent or wrongful conduct.

  4. Termination for Breach. PEAK PRODUCTS may terminate your access to the Website and Services, without notice or liability, if you violate this section or if PEAK PRODUCTS reasonably believes that you have violated this section. Such termination shall be without prejudice to PEAK PRODUCTS’s rights, defenses, claims, or defenses, all of which are expressly reserved.

  5. No Responsibility for Third-Party Access. PEAK PRODUCTS shall not be responsible or liable for any unauthorized access to the Website or use of products purchased from PEAK PRODUCTS by individuals under 18 years of age or in violation of applicable laws, rules, or regulations, regardless of whether such access was enabled or permitted by you, intentionally or negligently.

  6. Acknowledgment of Risk. By accessing the Website and purchasing products from PEAK PRODUCTS, you acknowledge and agree that you are voluntarily assuming all risks associated with such products and activities, including but not limited to the risk of bodily injury, death, property damage, and legal liability, and you release PEAK PRODUCTS from all liabilities, costs, expenses, claims, and damages arising from or related to such risks, to the fullest extent permitted by law. 

  7. No Warranties. PEAK PRODUCTS makes no representations or warranties regarding the legality or appropriateness of the products in your jurisdiction. It is your sole responsibility to ensure compliance with applicable laws regarding the purchase and use of any products from PEAK PRODUCTS.

 

3. USE OF THE WEBSITE.

You agree to use the Website and Services only for lawful purposes and in accordance with these Terms. Any unauthorized use of the Website is expressly prohibited.

 

  1. Authorized Use. You may use the Website solely for personal, non-commercial purposes, and in accordance with these Terms. Any unauthorized use of the Website is expressly prohibited.

  2. Prohibited Conduct. You shall not: (i) use the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party's use of the Website; (ii) attempt to gain unauthorized access to any parts of the Website or any related systems or networks; (iii) use any robot, spider, or other automated devices to monitor or copy the Website or its content; (iv) introduce viruses, Trojan horses, worms, or other malicious or harmful code to the Website; or (v) engage in any other conduct that, in PEAK PRODUCTS's sole judgment, restricts, inhibits, or harms any other user from using or enjoying the Website or exposes PEAK PRODUCTS to any liability or harm.

  3. Monitoring and Enforcement. PEAK PRODUCTS has the right, but not the obligation, to monitor your use of the Website and to disclose any information as necessary or appropriate to satisfy any law, regulation, or legal process, or to fulfill PEAK PRODUCTS's legal obligations or to protect PEAK PRODUCTS's rights, property, or safety, or that of others.

  4. Suspension and Termination. PEAK PRODUCTS may, at its sole discretion, suspend, terminate, or limit your access to the Website at any time without notice if you violate these Terms or if PEAK PRODUCTS believes, in its sole discretion, that your conduct poses a risk to the integrity or security of the Website, or may expose PEAK PRODUCTS to legal liability.

  5. Indemnification. You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, principals and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising out of or relating to your use of the Website, including but not limited to your violation of these Terms or your engagement in any prohibited conduct as described herein.

  6. Disclaimers. PEAK PRODUCTS does not warrant that the Website will be uninterrupted, timely, secure, or error-free, or that any information or content on the Website is accurate, complete, or reliable. PEAK PRODUCTS expressly disclaims all warranties, express or implied, with respect to the Website and your use thereof.

  7. Limitation of Liability. To the maximum extent permitted by applicable law, PEAK PRODUCTS shall not be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from your use or inability to use the Website.

 

 4. PRODUCT DESCRIPTIONS, USE, AND LIMITATIONS.

 

  1. Descriptions. PEAK PRODUCTS endeavors to describe its products accurately but does not warrant that all product descriptions or other content on the Website are accurate, complete, reliable, current, or error-free. You acknowledge that such information may contain inaccuracies or errors, and you agree that PEAK PRODUCTS shall not be liable for any such inaccuracies or errors. Your sole remedy for purchasing a product that does not conform to its description is to return it in accordance with PEAK PRODUCTS’s Return Policy, which can be found on the Website.

  2. Intended Use. Products sold on the Website are for adult use only and must be used solely in accordance with the manufacturer's guidelines and instructions and any applicable laws. Any use of products for unintended purposes or in a manner contrary to any manufacturer's guidelines and instructions is at your sole risk and responsibility. PEAK PRODUCTS shall have no liability for any such misuse or noncompliance. 

  3. Assumption of Risk.  Due to the adult nature of the products sold on the Website, by purchasing products from the Website, You acknowledge the inherent risks associated with the use of such products, including, but not limited to, accident, bodily injury and/or death, as well as other known and unknown risks that are inherent to the use of such products and outside of the control of PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, principals and suppliers. ”), and with such knowledge, KNOWINGLY AND FREELY ASSUME ALL SUCH RISKS AND ASSUME FULL RESPONSIBILITY FOR YOUR USE OF SUCH PRODUCTS. You agree that it is your sole responsibility to assess the specific risks presented by your use of such products, and further agree that you are the ultimate judge as to all personal circumstances and considerations relating to your ability to use such products without risk of harm to yourself and/or others. PEAK PRODUCTS shall have no liability for accidents, bodily injury and/or death arising out of any use of the products. 

  4. Limitation of Liability. To the maximum extent permitted by applicable law, PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, and suppliers shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to personal injury, death, loss of profits, loss of data, or other intangible losses, arising out of or in connection with your use, misuse, or inability to use any products purchased from PEAK PRODUCTS, even if PEAK PRODUCTS has been advised of the possibility of such damages.

  5. Disclaimers. PEAK PRODUCTS makes no warranties, express or implied, regarding the quality, safety, legality, or appropriateness of the products, and expressly disclaims all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement. PEAK PRODUCTS does not warrant that product descriptions or other content are accurate, complete, reliable, current, or error-free.

  6. Indemnification. You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, principals, and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your purchase, possession, or use of any products, your violation of these Terms, or your engagement in any conduct prohibited by these Terms, specifically including any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to any bodily injury, accident, death, and/or property loss resulting from use of the products.

  7. Compliance with Law. You represent and warrant that your purchase, possession, and use of any products from PEAK PRODUCTS will comply with all applicable federal, state, local, and international laws, rules, and regulations. You acknowledge that you are solely responsible for knowing and understanding the laws of your jurisdiction relating to the products, and you agree to use the products only in lawful manners.

  8. No Resale. You agree not to resell or distribute products purchased from PEAK PRODUCTS without the express written consent of PEAK PRODUCTS. Any unauthorized resale or distribution is a material breach of these Terms and may result in legal action by PEAK PRODUCTS.

 

5. INTELLECTUAL PROPERTY RIGHTS.

 

  1. Ownership. The Website, including all content, features, software, text, displays, images, video, audio, design, and arrangement thereof, are owned by PEAK PRODUCTS, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the intellectual property rights in the Website and the products are the exclusive property of PEAK PRODUCTS or its licensors and are valuable assets of PEAK PRODUCTS.

  2. License Limitation. Your access to and use of the Website and any content therein are licensed, not sold, to you, and such license is solely for your personal, non-commercial use. No right, title, or interest in the Website or any content on the Website is transferred to you, and all rights not expressly granted herein are reserved by PEAK PRODUCTS.

  3. Prohibitions. You shall not: (i) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Website or any content therein; (ii) modify, translate, reverse engineer, decompile, or disassemble the Website or any part thereof; (iii) use any manual or automated means to copy or monitor the Website or its content; or (iv) remove or alter any copyright, trademark, or other proprietary notices from the Website or any materials printed or copied from the Website.

  4. Enforcement. PEAK PRODUCTS reserves the right to take legal action to enforce its intellectual property rights, including seeking injunctive relief, damages, attorneys' fees, and any other legal or equitable remedies available under applicable law.

  5. Trademarks. The PEAK PRODUCTS name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of PEAK PRODUCTS or its affiliates or licensors. You shall not use such marks without the prior written permission of PEAK PRODUCTS.

  6. Reporting Infringement. If you believe that any content on the Website infringes upon any intellectual property rights that you own or control, you may file a notice of infringement with PEAK PRODUCTS's designated agent in accordance with applicable law.

  7. Indemnification. You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, principals and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of this section or your infringement of any intellectual property or other rights of PEAK PRODUCTS or any third party.

​

6. INDEMNIFICATION.

 

You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its officers, directors, employees, agents, licensors, principals, suppliers, and any third-party information providers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms or any activity related to your account, your purchase, possession, or use of any products, your violation of these Terms, or your engagement in any conduct prohibited by these Terms.

 

7. TERMINATION.

 

PEAK PRODUCTS reserves the right to terminate your access to the Website at any time, without notice, for conduct that PEAK PRODUCTS believes violates these Terms or is harmful to PEAK PRODUCTS, other users of the Website, or third parties, or for any other reason.

 

  1. Right to Terminate. PEAK PRODUCTS reserves the right, in its sole discretion, to terminate or suspend your access to the Website, your account, and any other services provided by PEAK PRODUCTS, at any time, without notice, for conduct that PEAK PRODUCTS believes violates these Terms or is harmful to PEAK PRODUCTS, other users of the Website, PEAK PRODUCTS's suppliers, or third parties, or for any other reason.

  2. Termination for Convenience. PEAK PRODUCTS may terminate these Terms or suspend your access to the Website, without cause or notice, at its sole discretion.

  3. Termination for Breach. Without limiting other remedies, PEAK PRODUCTS may limit, suspend, or terminate your access to the Website, prohibit access to the Website, and take legal and technical steps to keep you off the Website if PEAK PRODUCTS, in its sole discretion, determines that you are or might be engaged in activities that breach these Terms, any applicable laws or regulations, or infringe on PEAK PRODUCTS’s rights or the rights of third parties.

  4. Effect of Termination. Upon termination, your right to use the Website will immediately cease, and PEAK PRODUCTS may, in its sole discretion, remove or delete your account and any content or information that you have posted or submitted to the Website. PEAK PRODUCTS shall not be liable to you or any third party for termination of your access to the Website.

  5. Survival. Provisions of these Terms that, by their nature, should survive termination of these Terms shall survive termination, including without limitation, intellectual property provisions, warranty disclaimers, indemnity obligations, and limitations of liability.

  6. Indemnification. You agree to indemnify, defend, and hold harmless PEAK PRODUCTS, its affiliates, officers, directors, employees, agents, principals and suppliers from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach or alleged breach of these Terms or your violation or alleged violation of any applicable laws or the rights of a third party, including any termination- related claims.

  7. No Waiver. PEAK PRODUCTS's failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of its right to enforce such right or provision subsequently.

 

8. MODIFICATIONS TO TERMS.

 

PEAK PRODUCTS reserves the right to modify or replace these Terms at any time. You agree to periodically review these Terms to be aware of any such modifications.

​

9. GOVERNING LAW AND DISPUTE RESOLUTION.

 

These Terms shall be governed by the laws of the State of North Carolina, without regard to its conflict of law principles. Any dispute arising out of or in connection with these Terms shall be resolved through binding arbitration in the State of North Carolina, County of New Hanover, in accordance with the rules of the American Arbitration Association.

 

10. SEVERABILITY.

 

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms will otherwise remain in full force and effect.

 

11. ​ENTIRE AGREEMENT.

 

These Terms, along with any other legal notices published by PEAK PRODUCTS on the Website, constitute the entire agreement between you and PEAK PRODUCTS concerning the Website and supersedes any prior agreements.

 

​12. CONTACT INFORMATION.

 

For any questions regarding these Terms, please contact us at info@erosloveshop.com or call (833) 319-2006 located in Wilmington North Carolina.