Indemnification, Release, and Hold Harmless

Indemnification, Release, and Hold Harmless

By utilizing Pete's Pranks LLC and accessing the website PetesPranks.com, as well as engaging in any services and products offered through our business and website, you hereby agree to the following terms:

1. In the event that a claim or suit is filed against Us by the Recipient or any third party arising from the receipt of a Product directed by You for delivery by Us, You agree to indemnify Us against any resulting judgment, settlement, or award issued against Us due to Your use of the Services or the Products. This provision applies irrespective of negligence on Your part or Ours in providing the Products or Services. At Our sole discretion, We may settle any matters out of court for an amount We deem reasonably necessary. YOU AGREE TO REIMBURSE US FOR ALL AMOUNTS PAID IN SETTLEMENT OR IN SATISFACTION OF A JUDGMENT, INCLUDING ANY AND ALL ATTORNEY FEES, COSTS, AND EXPENSES ASSOCIATED WITH THE SETTLEMENT.

2. If We choose to engage legal counsel to defend against any claims made by a Recipient or third party resulting from the receipt of a Product directed by You for delivery by Us, whether or not a lawsuit is filed, You agree to cover all attorney fees and costs incurred by Us in connection with such representation.

3. YOU AGREE TO INDEMNIFY, HOLD US HARMLESS, AND DEFEND US AGAINST ANY AND ALL CLAIMS MADE AGAINST US ARISING FROM YOUR USE OF THE PRODUCTS OR SERVICES. This means that You are responsible for all costs associated with defending any lawsuit or arbitration proceeding, including attorney fees and expenses, as well as any awards issued against Us in favor of any Recipient or third party to whom You directed Products to be sent.

4. YOU ALSO RELEASE, HOLD HARMLESS, AND INDEMNIFY US FOR ANY CLAIM OR LIABILITY ARISING FROM YOUR FAILURE TO NOTIFY US OF ANY CHANGES TO THE INFORMATION YOU HAVE PROVIDED, WHICH YOU REPRESENTED TO BE ACCURATE. This provision includes liabilities resulting from a violation of the Telephone Consumer Protection Act (47 U.S.C. §227) and any regulations promulgated under it, resulting from Our efforts to contact You using the information You provided.

5. YOU RELEASE US FROM ANY AND ALL CLAIMS BROUGHT AGAINST YOU BY THE RECIPIENT OR ANY THIRD PARTY ARISING FROM YOUR USE OF THE SERVICES OR THE PRODUCTS WE OFFER FOR SALE THROUGH OUR WEBSITE, PARTNER WEBSITES, ONLINE MARKETPLACES, AND BRICK-AND-MORTAR STORES. You understand that there is a risk that a lawsuit may be filed against You or Us, and You alone are responsible for protecting Us and Yourself from any and all claims. While We reserve the right to choose our own counsel, You are responsible for reimbursing Us for the attorney fees, costs, and expenses we actually incur in relation to such claims.

6. FLORIDA RESIDENTS: You agree that the use of the Services and the Products is solely your responsibility. If the delivery of the Products or use of the Services is considered a "wrongful act" under Florida law, you acknowledge that such delivery or use shall be deemed your acts and not ours.

7. KENTUCKY RESIDENTS: You understand and acknowledge that you are indemnifying Us for any and all acts committed by Us as a result of your use of the Services and/or Products. Therefore, you agree to indemnify Us even if We are found to be negligent or have engaged in any unintentional tortious behavior, against any and all claims and causes of actions filed against Us by any third party.

8. MONTANA RESIDENTS: You agree to indemnify Us for any and all acts performed by Us, except for unlawful acts that We knew were unlawful at the time of performance, in connection with your use of the Services and/or the Products.

9. NEBRASKA, NEVADA, and NEW YORK RESIDENTS: You agree to indemnify Us for Our own negligence or other unintentional tortious conduct in performing any of the Services or providing/delivering any of the Products.

10. BINDING ARBITRATION AND CLASS ACTION WAIVER: Any disputes between YOU and US must be resolved through individual arbitration. BY AGREEING TO THESE TERMS OF USE, YOU WAIVE YOUR RIGHT TO FILE A CLASS ACTION LAWSUIT AGAINST US. YOU ACKNOWLEDGE THAT ANY DISPUTE MUST BE SUBMITTED TO BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION ("AAA"). Filing a class action or acting as a class representative in any class action against Us is also waived. All disputes relating to or arising from the relationship between You and Us are subject to arbitration, except for claims arising under the regulations of any federal, state, or local regulatory authority that require trial before such regulatory entity. The non-prevailing party in arbitration shall be responsible for the fees and costs associated with the arbitration.

11. OPTING OUT OF ARBITRATION: You have the right to opt out of this Arbitration Agreement within two (2) days of accepting these Terms of Service through the purchase of one of our products or services. To effectively opt out, you must send the following information to pete@petespranks.com: (1) your name, address, telephone number, and email address; (2) the statement: "I, the undersigned, wish to opt out of the Arbitration Agreement set forth in Addendum A of the Terms of Service for petespranks.com"; (3) the exact date of your purchase; and (4) the number of the credit card used for payment. You must fully comply with each of these requirements to successfully opt out. Mere substantial compliance will be considered unacceptable, rendering your opt-out null and void.

12. CREDIT CARD INFORMATION: Your credit card information will be retained until the completion of the transaction for which it was provided. This information may be disclosed to third parties solely for the purpose of processing credit card payments. Third parties receiving your credit card information have their own privacy practices, and their identities will be provided upon written request sent to pete@petespranks.com.

13. PRIVACY POLICY AND WEBSITE: Our Privacy Policy can be found at petepranks.com/pages/privacy-policy/. In case of any inconsistency between these Terms of Service, Our Privacy Policy, or any information on our website, these Terms of Service shall prevail. We strive for consistency among Our Privacy Policy, these Terms of Service, and the information on Our website. In case of any inconsistency requiring the removal of any provision, it should be removed first from the information on our website, then from Our Privacy Policy, and finally from these Terms of Service. Notwithstanding Our Privacy Policy or any provision therein, We reserve the right to disclose Your name, address, telephone number, email address, as well as these Terms of Service, to a Recipient or third party in response to a complaint made against Us, regardless of whether it is filed in court or an arbitration proceeding. Furthermore, We reserve the right to disclose Your information to a Recipient or any third party, including law enforcement, if We determine, at Our sole and absolute discretion, that Your use of the Products or Services is immoral, illegal, violates a protective or restraining order, or is intended to cause harm to a Recipient or third party.

14. BINDING AGREEMENT: The terms expressed herein apply to all parent, subsidiary, and affiliated companies of Us, as well as to any company with which We may contract to provide any of Our Products or Services. You may not assign Your rights under this Agreement.

15. ENTIRE AGREEMENT: These Terms of Service constitute the entire agreement and understanding between You and Us regarding the subject matter, superseding all other agreements, understandings, representations, warranties, promises, conditions, or statements, whether expressed or implied, written or oral.

16. WAIVER OF JURY TRIAL: YOU AND WE AGREE TO WAIVE OUR RIGHTS TO A TRIAL BY JURY, WHETHER A CLAIM IS FILED IN ARBITRATION OR IN COURT.

17. PROTECTION OF MARKS AND INFORMATION; LIQUIDATED DAMAGES: All the Services, Products, information on Our website, marks, fonts, drawings, materials, and documents (including these Terms of Service) (collectively, "the Protected Property") are or may be protected by copyright, trademark, patent, or other intellectual property law. The Protected Property belongs to Us, and You hereby waive any right to benefit, financially or otherwise, from the Protected Property. If You derive any benefit from the Protected Property, You agree to pay liquidated damages in the amount of Ten Thousand Dollars ($10,000) or the actual pecuniary gain, whichever is greater. Nothing in these Terms of Service grants You the right to reproduce any of the Protected Property for any purpose.

18. OUR RIGHTS IN LAW AND EQUITY: These Terms of Service do not limit Our rights and remedies available in law or equity.

19. GOVERNING LAW AND VENUE: This Agreement shall be governed by the laws of Indiana without regard to its choice of law or conflicts of law rules. Any dispute arising from or related to this Agreement shall be heard in a state court located in Hamilton County, Indiana.

20. SEVERABILITY: The covenants and acknowledgments in these Terms of Service are construed as separate and independent, and this Agreement shall not be construed against either You or Us. If any term or provision of these Terms of Service is held to be invalid, illegal, or unenforceable to any extent, the remaining provisions shall remain valid, legal, and enforceable to the fullest extent permitted by law.

21. WAIVER: Neither You nor We shall be deemed to have waived compliance with any provision of these Terms of Service unless the waiver is in writing and signed by the waiving party. Our failure to enforce any provision of these Terms of Service or to exercise any right contained herein shall not be considered a waiver of such provisions or rights.

22. COMPLAINTS: If you encounter any issues with the Services or Products, please contact Us at pete@petespranks.com to address your concerns and complaints.

23. MODIFICATIONS TO PRICES, SERVICES, OR PRODUCTS: We reserve the right, at Our sole discretion, to change, cancel, or modify the Services or Products at any time, before or after You have placed an order. If You have already ordered a Service or Product, You will be given the option to apply the purchase price to another Service or Product or receive a refund of the amount paid, minus a cancellation fee of Five Dollars ($5.00). We may also modify information on our website, including typographical errors, omissions, inaccuracies, pricing, promotions, shipping charges, or any other information reasonably deemed erroneous by Us in these Terms of Service, Our Privacy Policy, or on our website. We reserve the right to refuse the Services or Products to You without prior notice. Refusal of the Services or Products will not be based on your sex, gender, race, religion, national origin, or disability.

24. TERMINATION: These Terms of Service remain in effect after Your use of the Products, Services, or our website petespranks.com. Neither You nor We may terminate these Terms of Service. These Terms of Service become effective upon Your use of the Product or Service and cannot be negotiated.

25. COMMUNICATIONS: All communications contemplated herein will be sent to the contact information You provided when using the Services or purchasing Products. If you need to contact Us in relation to these Terms of Service, please refer to the contact information provided.