Terms of Use

Last Revised: March 5, 2020

The following terms and conditions (the “Terms of Use”) constitute a binding agreement between you and YOUR PPEL, LLC and its parent company CROSSBORDER MANAGEMENT, LLC (collectively, “YOUR PPEL,” “we,” or “us”) with respect to your use of www.yourppel.com (the “Services”), including any Content (as defined in Section 2 below) and any purchases that you make on the Services. By accessing or using the SERVICES in any manner (whether automated or otherwise), OR BY PLACING AN ORDER FOR PRODUCTS AND/OR SUBSCRIPTIONS FROM THE SERVICES, you (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS OF USE AND OUR PRIVACY POLICY, WHICH IS INCORPORATED HEREIN BY REFERENCE, and (B) affirm that you are at least 18 years of age (or have reached the age of majority in the jurisdiction where you reside). YOU ALSO AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

THESE TERMS OF USE REQUIRE A JUDGE TRIAL ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS. ADDITIONALLY, SUBSCRIPTIONS PURCHASED THROUGH THE SERVICES MAY AUTOMATICALLY RENEW, AS FURTHER DESCRIBED BELOW. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR OUR PRIVACY POLICY, DO NOT USE THE SERVICES.

  1. Changes to Terms of Use. We may revise and update these Terms of Use from time to time in our sole discretion. The date these Terms of Use were last updated is set forth at the top of this page. All changes are effective upon posting and apply to all access to and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.
  1. No Health Advice. The information provided on the Services should not be construed as personal medical advice or instruction. No action should be taken based solely on the contents of this website. We make no representations that the products offered on the Services will meet your needs or work as you expect or intend. You should consult appropriate health professionals on any matter relating to your health, and you assume any risk of injuries. Results may vary. 
  1. Scope of and Restrictions on Use. Subject to these Terms of Use, YOUR PPEL grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”). Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of YOUR PPEL. You agree not to:
  • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Services or in the Content; or
  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.
  1. Purchase Terms.
  • Order Acceptance. You agree that your order is an offer to buy, under these Terms of Use, all products and Subscriptions (as defined below) listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept orders at our sole discretion, even after we send you a confirmation email with your order number and details of the items you have ordered.
  • Subscriptions. We offer numerous types of subscriptions for our products, as set forth on our website (each, a “Subscription”). Upon completing an order for a Subscription, as described above, you will be charged the initial fee for the first delivery of the Subscription. This initial charge is non-refundable, after which you will be billed on each subsequent month on the same day of your initial payment (or the nearest date). For example, if your initial payment date is the 29th of January, all future payments will be processed on the 29th of subsequent calendar months, except for February, for which you will be billed on February 28th. BY ORDERING A SUBSCRIPTION, YOU AGREE THAT WE MAY CHARGE YOU ON A MONTHLY BASIS FOR THE SUBSCRIPTION.
  • Cancellation. You agree that your Subscription(s) shall remain continuous until you cancel it or we suspend or cancel it in accordance with these Terms of Use. You may cancel a Subscription upon 10 days’ prior notice to us via the web interface that we specifically provide for cancellation. We cannot guarantee that email requests to cancel a Subscription will be honored. DUE TO THE UNPRECEDENTED CIRCUMSTANCES OF THIS CRISIS, IT MAY OCCUR THAT HEALTHCARE WORKERS MUST RECEIVE PRIORITIZED ACCESS TO CERTAIN MASK TYPES. WE RESERVE THE RIGHT TO SUBSTITUTE THE MODEL OF MASK IN YOUR ORDER AT ANY TIME.  WE WILL DO OUR BEST TO NOTIFY CUSTOMERS IN ADVANCE TO GIVE ADEQUATE TIME TO CHANGE OR CANCEL ORDERS, BUT WE DO NOT GUARANTEE THIS.
  • Prices. All prices, discounts, and promotions posted on the Services are subject to change without notice. The price charged for a product or Subscription will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
  • Promotions. We may offer from time to time promotions on the Services that may affect pricing and that are governed by terms and conditions separate from these Terms of Use. If there is a conflict between the terms for a promotion and these Terms of Use, the promotion terms will govern.
  • Payment Terms. Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. All purchases are processed by Shopify Inc. You represent and warrant that (i) the credit card information you supply is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Services at the time of your order. 

UNLESS YOU NOTIFY US BEFORE A CHARGE THAT YOU WANT TO CANCEL OR DO NOT WANT TO AUTO RENEW, YOU UNDERSTAND YOUR SUBSCRIPTION WILL AUTOMATICALLY CONTINUE AND YOU AUTHORIZE US (WITHOUT NOTICE TO YOU, UNLESS REQUIRED BY APPLICABLE LAW) TO COLLECT THE THEN-APPLICABLE SUBSCRIPTION FEE AND ANY TAXES, USING ANY ELIGIBLE PAYMENT METHOD WE HAVE ON RECORD FOR YOU.

  • Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
  • Returns and Refunds. WE OFFER NO REFUNDS ON ANY PRODUCTS DESIGNATED ON THIS SITE.
  • Manufacturer’s Warranty and Disclaimers. We do not manufacture or control any of the products or Subscriptions offered on the Service. The availability of products or Subscriptions through the Service does not indicate an affiliation with or endorsement of any product, service or manufacturer. Accordingly, we do not provide any warranties with respect to the products or Subscriptions offered on the Services. However, the products and Subscriptions offered on the Services may be covered by the manufacturer’s warranty. To obtain warranty service for defective products, please follow the instructions included in the manufacturer’s warranty.
  • Goods Not for Resale or Export. You represent and warrant that you are buying products or services from the Services for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States.
  1. The Services (including the Content) are owned by YOUR PPEL and its licensors and are protected under copyright, trademark, and other applicable United States and international laws and treaties. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the Services are marks of YOUR PPEL and its licensors. You acknowledge and agree that, as between you and YOUR PPEL, YOUR PPEL is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto.
  1. Account Registration and Security. Access to and use of certain Services may require you to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date. You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities. You may not share your account with anyone or allow anyone else to access or use your account. You are responsible for maintaining the confidentiality of your account information, including your username and password. You agree to immediately notify YOUR PPEL, LLC of any unauthorized use of your account, or any other breach of security. We are not liable for any loss or damage arising from your failure to protect your username or password.
  1. Electronic Communications. The communications between you and YOUR PPEL via the Services use electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. 
  1. Privacy Policy. You acknowledge and agree that all information collected by YOUR PPEL is subject to our Privacy Policy. By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Policy.
  1. Change and Suspension.
  • Changes to the Services. YOUR PPEL reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time. You agree that YOUR PPEL will not be liable to you or to any third party for any such change, suspension, or discontinuance. 
  • Suspension/Termination of Access. YOUR PPEL has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof if you violate these Terms of Use. In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.
  1. Disclaimer; Limitation of Liability.
  • Disclaimer of Warranties. THE SERVICES, THE CONTENT, AND ALL PRODUCTS AND SUBSCRIPTIONS PROVIDED THROUGH THE SERVICE ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, AND YOUR PPEL HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NEITHER YOUR PPEL NOR ANY PERSON ASSOCIATED WITH YOUR PPEL MAKES ANY REPRESENTATION OR WARRANTY WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES OR ANY CONTENT. WITHOUT LIMITING THE FOREGOING, NEITHER YOUR PPEL NOR ANYONE ASSOCIATED WITH YOUR PPEL REPRESENTS OR WARRANTS THAT THE SERVICES, THE PRODUCTS, OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE SERVICES, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ADDITIONALLY, NEITHER YOUR PPEL NOR ANYONE ASSOCIATED WITH YOUR PPEL REPRESENTS OR WARRANTS THAT THE SERVICES, THE PRODUCTS OR THE CONTENT WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER'S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU. 

  • Limitation of Liability. to the fullest extent permitted by law, IN NO EVENT WILL YOUR PPEL OR its OFFICERS, directors, employees, agents, licensors, OR service providers BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR THE CONTENT, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY OR DEATH, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF USE, OR LOSS OF DATA, WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. IF, NOTWITHSTANDING THE PROVISIONS OF THIS SECTION 2, YOUR PPEL IS FOUND LIABLE FOR ANY LOSS, DAMAGE, OR INJURY UNDER ANY LEGAL THEORY RELATING IN ANY WAY TO THE SUBJECT MATTER OF THESE TERMS OF USE, IN NO EVENT WILL YOUR PPEL’S AGGREGATE LIABILITY TO YOU OR ANY THIRD PARTY EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, PAID BY YOU TO YOUR PPEL IN THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE. USE OF THE SERVICES IS AT YOUR SOLE RISK. 
  • Exclusions. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitations in this Section 10 may not apply to you.
  1. You agree to indemnify, defend, and hold YOUR PPEL and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content or products, or any violation of these Terms of Use or applicable law. We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.
  1. Third-Party Materials. The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”). You acknowledge and agree that YOUR PPEL is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof. YOUR PPEL does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.
  1. Third-Party Platforms. YOUR PPEL may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”). Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under YOUR PPEL’s control. YOUR PPEL does not assume any responsibility or liability for your use of such Third-Party Platforms.
  1. Linking to the Services. You may link to the Services’ homepage, provided you do so in a way that is fair and legal and does not damage or take advantage of our reputation, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The Services must not be framed on any other website, nor may you create a link to any part of the Services other than the homepage. You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.

  2. Miscellaneous. 
  • Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Use, for any failure or delay in our performance under these Terms of Use when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. This may also include if items are requisitioned or otherwise required by governmental or health officials. In addition, YOUR PPEL reserves the right to give preference to orders placed by medical and health professionals at its sole discretion. 
  • Governing Law; Dispute Resolution. These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation (in each case, including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of New York, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of New York. YOU AND YOUR PPEL BOTH HEREBY IRREVOCABLY AGREE THAT ALL DISPUTES BETWEEN YOU SHALL BE DECIDED IN A TRIAL BY JUDGE ON AN INDIVIDUAL BASIS, NOT AS PART OF A CLASS ACTION. 
  • Feedback. YOUR PPEL does not want and cannot accept any ideas or information users consider confidential and/or proprietary. This is to avoid the possibility of future misunderstandings when projects independently developed by or on behalf of YOUR PPEL might seem to others to be similar to users’ own creative ideas, suggestions, and/or materials. Except with respect to your personal information as expressly provided for in our Privacy Policy, all comments, suggestions, ideas, drawings, concepts, or other information or materials disclosed or offered to us by you via the Services or in response to solicitations on the Services shall be deemed to be non-confidential and non-proprietary
  • Waiver and Severability. Our failure to exercise or enforce any right or provision of these Terms of Use will not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent possible, and the remaining provisions of these Terms of Use will continue in full force and effect.
  • Entire Agreement. These Terms of Use, including our Privacy Policy, constitute the sole and entire agreement between you and YOUR PPEL with respect to the subject matter hereof, and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. 
  • No Waivers. The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of YOUR PPEL, LLC.
  • No Third-Party Beneficiaries. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than you. 
  • Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Use without our prior written consent. Any purported assignment or delegation in violation of this Section 8 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Use.
  1. Notices.
  • To You. We may provide any notice to you under these Terms of Use by: (i) sending a message to the email address you provide or (ii) by posting to the Services. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
  • To Us. To give us notice under these Terms of Use, you must contact us as follows by personal delivery, overnight courier, or registered or certified mail to YOUR PPEL, LLC c/o Corporation Service Company, 251 Little Falls Drive, Wilmington, DE 19808. We may update the address for notices to us by posting a notice on the Services. Notices provided by personal delivery will be effective immediately. Notices provided by registered or certified mail will be effective three business days after they are sent.
  1. If you have any questions about the Services or these Terms of Use, please contact us.
  1. Notice to California Residents. If you are a California resident, in accordance with Cal. Civ. Code §1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.