Terms of Service

Last Updated: January 11, 2025

Welcome to Pebl ("we," "us," or "our"). By accessing or using our website at peblsip.com or peblbottles.com (the "Site") and purchasing our products, you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our Site or purchase our products.

1. General

These Terms govern your access to and use of our Site and the purchase of our products. We reserve the right to modify these Terms at any time. Changes will be effective immediately upon posting to the Site. Your continued use of the Site after changes are posted constitutes your acceptance of the modified Terms.

2. Eligibility

You must be at least 10 years old to purchase from us. By using our Site and making a purchase, you represent that you are at least 10 years of age and have the legal capacity to enter into these Terms.

3. Products and Pricing

All products, descriptions, and prices are subject to change without notice. We reserve the right to limit quantities, discontinue products, or refuse orders at our sole discretion. While we strive for accuracy, we do not guarantee that product descriptions, colors, or other content on the Site are accurate, complete, or error-free.

Prices are in U.S. Dollars (USD) and do not include applicable taxes or shipping fees unless otherwise stated. We reserve the right to correct pricing errors.

4. Orders and Payment

By placing an order, you are making an offer to purchase our products. We reserve the right to accept or decline your order for any reason. Payment must be received before we process your order. We accept major credit cards and other payment methods as displayed at checkout.

You agree to provide accurate, current, and complete payment information. You authorize us to charge your payment method for the total amount of your order, including taxes and shipping.

5. Shipping and Delivery

We ship to addresses within the United States. Shipping times are estimates and not guaranteed. We are not responsible for delays caused by shipping carriers, customs, weather, or other events beyond our control.

Risk of loss and title for products pass to you upon delivery to the shipping carrier. We are not liable for lost, stolen, or damaged packages once they have been delivered to the carrier.

6. Returns and Refunds

Please refer to our Return Policy for information about returns, refunds, and exchanges. All returns are subject to the terms outlined in our Return Policy.

7. Intellectual Property

All content on the Site, including text, graphics, logos, images, product designs, and software, is the property of Pebl or our licensors and is protected by U.S. and international copyright, trademark, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on the Site without our express written permission.

The Pebl name, logo, and product designs are trademarks or trade dress of Pebl. You may not use our trademarks or trade dress without our prior written consent.

8. User Conduct

You agree not to:

Use the Site for any unlawful purpose or in violation of these Terms
Interfere with or disrupt the Site or servers
Attempt to gain unauthorized access to any portion of the Site
Impersonate any person or entity
Upload or transmit viruses, malware, or other harmful code
Collect or harvest information about other users
Use automated systems (bots, scrapers, etc.) to access the Site

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, PEBL AND ITS OWNER 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 SITE OR PRODUCTS
ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR PERSONAL INFORMATION
ANY BUGS, VIRUSES, OR THE LIKE TRANSMITTED TO OR THROUGH THE SITE
ANY ERRORS OR OMISSIONS IN CONTENT OR LOSS OR DAMAGE INCURRED FROM USE OF CONTENT

OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM OR RELATED TO THE SITE OR PRODUCTS SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE PRODUCTS.

10. Disclaimers

THE SITE AND PRODUCTS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT THE ACCURACY OR COMPLETENESS OF ANY CONTENT ON THE SITE.

11. Product Use and Safety

Our products are insulated water bottles designed for holding beverages. You agree to:

Use products only as intended
Follow all care instructions provided
Not use products for hazardous or illegal substances
Keep products away from children under 3 years old (small parts may pose choking hazard)
Inspect products before each use for damage

We are not liable for injury, damage, or loss resulting from misuse of our products.

12. Indemnification

You agree to indemnify, defend, and hold harmless Pebl and its owner from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

Your violation of these Terms
Your violation of any rights of another person or entity
Your misuse of our products
Your breach of any representations or warranties you have made

13. Third-Party Links

The Site may contain links to third-party websites (such as payment processors, shipping carriers, or social media platforms). We are not responsible for the content, privacy practices, or terms of service of any third-party sites. Your use of third-party sites is at your own risk.

14. Privacy

Your use of the Site is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review our Privacy Policy to understand how we collect, use, and protect your information.

15. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of the State of New Jersey, United States, without regard to its conflict of law provisions.

Any dispute arising from or relating to these Terms or your use of the Site shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association, to take place in Newark, New Jersey. You waive any right to a jury trial or to participate in a class action.

Notwithstanding the foregoing, we may seek injunctive or other equitable relief in any court of competent jurisdiction to protect our intellectual property rights.

16. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision shall be modified to the minimum extent necessary to make it valid and enforceable.

17. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. Any waiver must be in writing and signed by us.

18. Assignment

You may not assign or transfer these Terms or your rights under these Terms without our prior written consent. We may assign these Terms without restriction.

19. Entire Agreement

These Terms, together with our Privacy Policy and Return Policy, constitute the entire agreement between you and Pebl regarding your use of the Site and purchase of products, and supersede all prior agreements and understandings.

20. Force Majeure

We shall not be liable for any failure or delay in performance due to circumstances beyond our reasonable control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, strikes, or shortages of transportation, fuel, energy, labor, or materials.

21. Termination

We reserve the right to terminate or suspend your access to the Site at any time, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties, or for any other reason in our sole discretion.

22. Contact Information

If you have questions about these Terms, please contact us at:

Email: [your email address]
Address: [your business address once you have one]

23. Acknowledgment

By using our Site and purchasing our products, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.