Legal

PeachSkinSheets.com Terms of Service

Last Updated: August 5, 2026

PLEASE READ THESE TERMS OF SERVICE CAREFULLY. THEY CONTAIN A MANDATORY BINDING ARBITRATION PROVISION AND A CLASS ACTION WAIVER (SEE SECTION 24) THAT AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JUDGE OR JURY HEAR YOUR CLAIMS. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 24(10).

Overview

This website, located at peachskinsheets.com, together with any related sites, applications, and services (collectively, the "Site"), is operated by Peach Skin Sheets, L.L.C., d/b/a The Original PeachSkinSheets®, d/b/a PeachSkinSheets.com, d/b/a PeachSkinSheets ("PeachSkinSheets," "we," "us," or "our"). We offer the Site, including all information, tools, products, and services available from the Site (collectively, the "Services"), to you conditioned upon your acceptance of all of the terms, conditions, policies, and notices stated here.

By visiting the Site, purchasing anything from us (whether on the Site or at any of our sponsored events, including third-party events), creating an account, or otherwise using the Services, you agree to be bound by these Terms of Service ("Terms"), including any additional terms, conditions, and policies referenced herein or available by hyperlink, such as our Privacy Policy and our Return/Exchange guidelines. These Terms apply to all users of the Site, including browsers, customers, vendors, merchants, and contributors of content. If you do not agree to all of these Terms, you may not access the Site, use the Services, or purchase any products from us.

Any new features, tools, or products added to the Site shall also be subject to these Terms. We reserve the right to update, change, or replace any part of these Terms by posting updates to the Site. Material changes will be indicated by updating the "Last Updated" date at the top of these Terms. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Site following the posting of any changes constitutes acceptance of those changes.

Section 1 – Eligibility and Online Store Terms

1.1 – By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, that you have the legal capacity to enter into a binding contract with PeachSkinSheets, and that any use of the Site by your minor dependents occurs under your supervision and with your consent.

1.2 – You may not use our products or Services for any illegal or unauthorized purpose, nor may you, in your use of the Services, violate any laws in your jurisdiction (including but not limited to copyright, export control, and consumer protection laws).

1.3 – You must not transmit any worms, viruses, trojan horses, malware, spyware, ransomware, or any other code of a destructive, malicious, or harmful nature.

1.4 – You may only purchase products for personal use by yourself or your intended gift recipient. Products purchased through the Site are not authorized for resale, and we may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

1.5 – A breach or violation of any of these Terms may result in immediate termination of your access to the Services, without prejudice to any other rights or remedies available to PeachSkinSheets.

Section 2 – General Conditions

2.1 – We reserve the right to refuse service to anyone for any lawful reason at any time, in our sole discretion.

2.2 – You understand that your content (not including payment card information) may be transferred unencrypted and may involve (a) transmissions over various networks and (b) changes to conform and adapt to the technical requirements of connecting networks or devices. Payment card information is always encrypted during transfer over networks.

2.3 – You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the Site through which the Services are provided, without our express written permission.

2.4 – Headings used in these Terms are included for convenience only and will not limit or otherwise affect these Terms.

Section 3 – Accuracy, Completeness, and Timeliness of Information; Disclaimer

3.1 – While PeachSkinSheets uses reasonable efforts to include accurate and up-to-date information on the Site, PeachSkinSheets makes no warranties or representations as to its accuracy. PeachSkinSheets assumes no liability or responsibility for any typographical, technical, or other errors or omissions in the content of the Site.

3.2 – The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on the Site is at your own risk.

3.3 – The Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of the Site at any time, but we have no obligation to update any information on the Site. You agree that it is your responsibility to monitor changes to the Site.

Section 4 – Modifications to the Services and Prices

4.1 – Prices for our products are subject to change at any time without notice, including the eligibility or availability of any offer, promotion, or discount of any kind.

4.2 – We reserve the right at any time to modify, suspend, or discontinue the Services (or any part or content thereof) with or without notice, temporarily or permanently. We shall have no liability to you or to any third party for any modification, price change, suspension, or discontinuance of the Services.

Section 5 – Products and Services

5.1 – Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only in accordance with our published refund and exchange guidelines.

5.2 – We have made every effort to display as accurately as possible the colors, textures, and images of our products as they appear on the Site. We cannot guarantee that your computer or mobile device's display of any color will be accurate.

5.3 – We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and product pricing are subject to change at any time without notice, at our sole discretion. We reserve the right to discontinue any product at any time. Any offer for any product or service made on the Site is void where prohibited.

5.4 – We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Services will be corrected. If a product offered by PeachSkinSheets is not as described, your sole remedy is to return it to PeachSkinSheets for a refund under our refund guidelines.

Section 6 – Orders; Order Acceptance; Cancellation

6.1 – Any order placed through the Site is an offer to purchase, which we may accept or reject in our sole discretion. We reserve the right to refuse or cancel any order you place with us for any lawful reason, including suspected fraudulent orders and excessive abuse of the order/exchange/return process as determined by our order department. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment card, and/or orders that use the same billing and/or shipping address.

6.2 – In the event that a product is listed at an incorrect price or with other incorrect information due to a typographical, technical (including promotional codes), or other error, PeachSkinSheets shall have the right to refuse or cancel any orders at its sole discretion, whether or not the order has been confirmed and/or your payment card has been charged. If your payment card has already been charged for the purchase and your order is canceled, PeachSkinSheets shall issue a credit to your payment card account in the amount of the charge.

6.3 – If we change or cancel an order, we may attempt to notify you by contacting the email address, billing address, and/or phone number provided at the time the order was made.

6.4 – You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store, and to promptly update your account and other information, including your email address and payment card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Section 7 – Payment

7.1 – Prices shown on the Site exclude taxes and charges for shipping and handling, which will be added to your purchase and itemized at checkout. You will have an opportunity to review taxes and delivery costs before you confirm your purchase. We are required to collect applicable state and local sales tax on orders shipped to certain jurisdictions, and your final order total will include any applicable taxes.

7.2 – The Site may use third-party payment processors to process payments for transactions made through the Site. By purchasing products through the Site, you authorize us and/or the applicable payment processor to charge your payment method. You represent and warrant that (a) the payment information you supply is true, correct, and complete; (b) you are duly authorized to use the payment method submitted; (c) charges incurred by you will be honored by your card issuer or payment provider; and (d) you will pay the charges you incur at the posted prices, including all applicable taxes and fees. Transactions may also be subject to the terms and conditions of the applicable payment processor, and we are not responsible for errors by any payment processor.

Section 8 – Shipping; Delivery; Risk of Loss

8.1 – We will use commercially reasonable efforts to ship products within a reasonable time after receipt of your properly completed order. Any shipping and delivery dates provided are good-faith estimates only, may be subject to change, are dependent on the carrier, and cannot be guaranteed. We will not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery.

8.2 – Title and risk of loss pass to you upon our delivery of the products to the carrier at the place of shipment. You are responsible for filing any claims with carriers for damaged or lost shipments, except as otherwise provided by our published policies.

8.3 – If you place an order for delivery to an international destination, you may be responsible for the payment of customs duties, import taxes, brokerage fees, tariffs, or other fees as mandated by the applicable jurisdiction, and delivery may be delayed by customs processing beyond our control.

Section 9 – Returns, Exchanges, and Return Abuse

9.1 – Returns and exchanges are governed by our published refund and exchange guidelines, which are incorporated into these Terms by reference. Please review those guidelines prior to making any purchase.

9.2 – We monitor order, exchange, and return activity for abuse and reserve the right to limit or refuse returns or exchanges associated with any customer whom we suspect of abusing our policies. Abuse includes, but is not limited to, excessive return frequency, excessive return volume, and fraudulent order or return attempts, in each case as determined by our order department in its discretion.

9.3 – In the event of excessive abuse of the order/exchange/return process, we reserve the right to (a) refund the purchase rather than send replacement products or parts; (b) refuse or cancel orders; and/or (c) determine that future purchases by the customer will no longer be eligible for return or exchange. If a return-ineligible item is sent to us, we may refuse it and/or return it to you, and we are not financially responsible for return-ineligible items shipped to us and not sent back.

Section 10 – Promotions, Discount Codes, and Contests

10.1 – All promotions are subject to availability and inventory. PeachSkinSheets reserves the right to change, alter, or cancel promotions at any time without notice.

10.2 – Discount codes, promo codes, coupon codes, gift codes, and offer codes (collectively, "offer codes") are available only while supplies last and are subject to product exclusions, minimum purchase requirements, expiration dates, and any other restrictions we may communicate in our sole discretion. Only valid offer codes provided or promoted by PeachSkinSheets will be honored at checkout; codes supplied or promoted by unauthorized third parties (including unauthorized third-party websites) are not valid and will not be honored. Unless we state otherwise, offer codes are non-transferable, limited to one per order, may not be combined with other offers, cannot be redeemed for cash or any cash equivalent, and are void if copied, transferred, sold, exchanged, or expired, and where prohibited.

10.3 – Any sweepstakes, contests, giveaways, surveys, or similar promotions made available through the Services may be governed by additional rules that are separate from these Terms. If you participate, please review the applicable rules as well as our Privacy Policy. If the rules for a promotion conflict with these Terms, the promotion rules will govern for that promotion.

Section 11 – Optional and Third-Party Tools

11.1 – We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

11.2 – You acknowledge and agree that we provide access to such tools "as is" and "as available" without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the Site is entirely at your own risk and discretion, and you should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party provider(s).

Section 12 – Third-Party Links

12.1 – Certain content, products, and services available via the Services may include materials from third parties. Third-party links on the Site may direct you to third-party websites that are not affiliated with us and are not under our control. PeachSkinSheets is not responsible for the contents of any linked site or any link contained in a linked site, and provides links to you only as a convenience. The inclusion of any link does not imply endorsement by PeachSkinSheets of the linked site.

12.2 – We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third party's policies and practices before engaging in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the applicable third party.

Section 13 – User Comments, Reviews, Feedback, and Other Submissions

13.1 – By submitting any ratings, reviews, comments, photos, or other content to PeachSkinSheets or through the Site or our social media pages (collectively, "Submissions"), you represent and warrant that: (a) you are the sole author and owner of the Submissions and all intellectual property rights in them, or you otherwise have the right to grant the license below; (b) all Submissions are accurate and reflect your honest views and firsthand experience; (c) you are at least the age of majority in your jurisdiction of residence; and (d) your Submissions comply with these Terms and will not cause injury to any person or entity.

13.2 – You agree that you will not provide any Submissions that: (a) you know to be false, inaccurate, or misleading; (b) infringe any third party's copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (c) violate any law, statute, ordinance, or regulation; (d) are defamatory, libelous, hateful, discriminatory, obscene, unlawfully threatening, or unlawfully harassing; (e) were compensated or provided in exchange for consideration from any third party, unless clearly disclosed; (f) reference other websites, addresses, email addresses, contact information, or phone numbers; or (g) contain any viruses, worms, or other potentially damaging code or files.

13.3 – If you send us Submissions, including creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise ("Feedback"), you grant PeachSkinSheets a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, non-exclusive, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Submissions and Feedback in any media, for any purpose, without compensation to you. We are under no obligation (a) to maintain any Submissions or Feedback in confidence; (b) to pay compensation for any Submissions or Feedback; or (c) to respond to, review, or implement any Submissions or Feedback.

13.4 – We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or that violates any party's intellectual property or these Terms. We assume no liability for any content posted by you or any third party.

Section 14 – Intellectual Property; Trademarks

14.1 – The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, audio, product designs, "look and feel," and the design, selection, and arrangement thereof) are owned by PeachSkinSheets, 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 and proprietary rights laws.

14.2 – The Original PeachSkinSheets® and the names of PeachSkinSheets products and services referenced on the Site are trademarks and/or service marks or registered trademarks and/or service marks of PeachSkinSheets. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Site are the trademarks of their respective owners.

14.3 – These Terms permit you to use the Site for your personal, non-commercial use only. Except as expressly permitted by these Terms, you may not copy, reproduce, aggregate, modify, republish, upload, post, publicly display, transmit, distribute, sell, license, scrape, or otherwise exploit any part of the Site or its content for any commercial purpose without our express prior written permission. All rights not expressly granted to you are reserved by PeachSkinSheets.

Section 15 – Copyright Complaints (DMCA)

15.1 – We respect intellectual property rights and will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials on the Site infringe your copyright, you may request removal by submitting written notification to us that includes, consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512): (a) your physical or electronic signature; (b) identification of the copyrighted work you believe has been infringed; (c) identification of the material you believe to be infringing, sufficient to allow us to locate it; (d) your contact information (name, postal address, telephone number, and email address); (e) a statement that you have a good-faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and (f) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or authorized to act on the owner's behalf.

15.2 – Notices should be sent to: Peach Skin Sheets LLC, Attn: Copyright Agent, 1225 Old Alpharetta Road Suite 295, Alpharetta, Georgia 30005, or by email to legal@peachskinsheets.com. Please be aware that knowingly and materially misrepresenting that material is infringing may subject you to liability for damages under Section 512(f) of the DMCA.

Section 16 – Privacy

16.1 – Your use of the Services is also governed by our Privacy Policy, which is incorporated into these Terms by reference and describes how we collect, use, and disclose personal information. By using the Services, you acknowledge that you have read and understood the Privacy Policy.

Section 17 – Communications; Electronic Communications

17.1 – By placing an order on the Site or otherwise providing us your contact information, you consent to receive electronic communications from PeachSkinSheets (e.g., via email or by posting notices on the Site). These communications may include notices about your orders and account (e.g., order confirmations, shipping updates, and other transactional information). We may also send you promotional communications by email, including newsletters, special offers, surveys, and other news and information we think will be of interest to you. You may opt out of promotional emails at any time by following the unsubscribe instructions provided in those emails. Even if you opt out of promotional communications, we may still send you transactional or administrative communications.

17.2 – 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.

Section 18 – SMS/Text Message Marketing Program

18.1 – Program; Consent. PeachSkinSheets may offer an SMS/MMS mobile message marketing program (the "Program"). By affirmatively opting in to the Program (such as through an online enrollment form), you consent to receive recurring autodialed or prerecorded marketing and transactional text messages from or on behalf of PeachSkinSheets, including through third-party service providers acting on our behalf, at the phone number associated with your opt-in. Consent is not required or a condition of any purchase. The foregoing shall not be interpreted to imply that any messages are sent using an automatic telephone dialing system. Message and data rates may apply, and message frequency varies. You are responsible for all charges imposed by your wireless carrier.

18.2 – Opt Out. To opt out of the Program, reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any message from us. You may receive a one-time confirmation message. These are the only recognized opt-out methods; our platform may not recognize modified or misspelled commands or requests made by other means (such as verbal requests or emails), and PeachSkinSheets and its service providers shall have no liability for failing to honor requests that do not follow these procedures. For support, reply HELP to any message or email legal@peachskinsheets.com (email is not a valid opt-out method).

18.3 – Eligibility. You must have a wireless device capable of two-way messaging, use a participating wireless carrier, and be a subscriber with text messaging service. You may not participate in the Program if you are under thirteen (13) years of age, and if you are between thirteen (13) and eighteen (18), you must have parental or legal guardian permission.

18.4 – Number Changes. If you cease using the mobile telephone number you used to opt in (including canceling your plan or transferring your number), you agree to complete the opt-out process before doing so.

18.5 – Program Disclaimer. The Program is offered on an "as-is" basis and may not be available in all areas at all times. Delivery of messages is subject to effective transmission by your wireless carrier and is outside our control, and we are not liable for delayed or undelivered messages.

18.6 – State-Specific Provisions. We endeavor to comply with applicable state telemarketing laws, including in Florida, Washington, Oklahoma, and New Jersey. You agree we may assume you are a resident of a given state if, at opt-in, your shipping address is located in that state or your phone number's area code is associated with that state. You agree that messages sent in direct response to your requests (including keyword responses, opt-in confirmations, help/stop requests, and shipping notifications) do not constitute telephonic sales calls or commercial telephone solicitations under applicable state law.

Section 19 – Errors, Inaccuracies, and Omissions

19.1 – Occasionally there may be information on the Site or in the Services that contains typographical errors, inaccuracies, or omissions relating to product descriptions, pricing, promotions, offers, promotional codes, product shipping charges, transit times, or availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Services is inaccurate at any time without prior notice (including after you have submitted your order). We are not obligated to honor any incorrect pricing, and submission of an order does not guarantee acceptance of that order.

19.2 – We undertake no obligation to update, amend, or clarify information in the Services or on any related website, including without limitation pricing information, except as required by law.

Section 20 – Prohibited Uses

20.1 – In addition to other prohibitions set forth in these Terms, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, state, or local regulations, rules, laws, or ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses, worms, trojan horses, ransomware, spyware, or any other type of malicious code that will or may affect the functionality or operation of the Services or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others without authorization; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; (k) to interfere with or circumvent the security features of the Services or any related website, other websites, or the Internet; (l) to engage in unauthorized commercial activities, including resale of products purchased for personal use; (m) to access or use the Services through automated means, including bots, scripts, or similar technology, without our express written consent; (n) to attack the Site via a denial-of-service or distributed denial-of-service attack; or (o) to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services. We reserve the right to terminate your use of the Services or any related website for violating any of the prohibited uses, without notice or liability to you.

Section 21 – Disclaimer of Warranties

21.1 – YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES AND ALL PRODUCTS, SERVICES, INFORMATION, DOCUMENTS, RELATED GRAPHICS, SOFTWARE, AND CONTENT PROVIDED THROUGH OR PUBLISHED ON THE SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR REPRESENTATIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ARE SUBJECT TO CHANGE WITHOUT NOTICE. THE ENTIRE RISK ARISING OUT OF THEIR USE REMAINS WITH YOU.

21.2 – TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, PEACHSKINSHEETS AND ITS RESPECTIVE SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. PEACHSKINSHEETS AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED IN THE DOCUMENTS, RELATED GRAPHICS, AND/OR SOFTWARE PUBLISHED ON THE SITE FOR ANY PURPOSE.

21.3 – PEACHSKINSHEETS DOES NOT WARRANT THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.

21.4 – ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR MOBILE DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

21.5 – THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Section 22 – Limitation of Liability

22.1 – IN NO EVENT WILL PEACH SKIN SHEETS, L.L.C. OR ITS OFFICERS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, SUCCESSORS, SUBSIDIARIES, DISTRIBUTORS, SUPPLIERS, OR AFFILIATES BE LIABLE TO ANY USER OF THE SITE OR OUR PRODUCTS OR SERVICES, OR TO ANY OTHER PERSON OR ENTITY, FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF USE) ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SITE OR OUR PRODUCTS OR SERVICES, OR ANY INFORMATION CONTAINED THEREIN, INCLUDING USER-GENERATED CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND EVEN IF PEACHSKINSHEETS HAS BEEN ADVISED OF, OR SHOULD HAVE KNOWN OF, THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.

22.2 – You acknowledge and agree that the foregoing limitation on liability applies to all content, products, merchandise, and services made available through the Site or any other channel, including phone and email. Because some jurisdictions do not permit the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions our liability is limited to the fullest extent permitted by applicable law.

22.3 – Notwithstanding the foregoing, if PeachSkinSheets is found liable to you or any third party for any reason, our total liability is limited to the greater of: (a) the amount actually in dispute, not to exceed the total amount you paid to PeachSkinSheets in the twelve (12) months immediately preceding the event giving rise to the liability; or (b) One Hundred U.S. Dollars (USD $100). This limitation applies regardless of whether your Claim is resolved in arbitration or, where arbitration does not apply, in the courts identified in Section 24(11), and is intended to define the outer bound of any damages an arbitrator or court may award; it does not expand or restrict the arbitrator's authority to determine liability or allocate fault, only the maximum monetary recovery available once liability is established.

22.4 – Nothing in this Section 22 limits liability that cannot be limited or excluded as a matter of Georgia law or other applicable law, such as liability for gross negligence, willful misconduct, or personal injury caused by a defective product, to the extent such limitation is prohibited by law.

Section 23 – Indemnification

23.1 – You agree to indemnify, defend, and hold harmless PeachSkinSheets and its parents, subsidiaries, affiliates, partners, officers, managers, members, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, and employees (collectively, the "Indemnified Parties") from and against any and all claims, demands, actions, suits, proceedings, losses, damages, costs, expenses, and liabilities (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of, or conduct in connection with, the Services or any products; (b) your violation of these Terms or any applicable law or regulation; (c) your violation of any rights of any third party, including intellectual property, privacy, or publicity rights; (d) any content or information you submit, post, or transmit through the Services; or (e) your negligence, willful misconduct, or fraud. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you agree to cooperate fully with our defense of any such claim. You shall not settle any claim without our prior written consent.

Section 24 – Dispute Resolution; Mandatory Binding Arbitration; Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JUDGE OR JURY HEAR YOUR CLAIMS. IT CONTAINS A MANDATORY, BINDING ARBITRATION AGREEMENT AND A CLASS ACTION WAIVER. YOU MAY OPT OUT OF THE ARBITRATION AGREEMENT AS DESCRIBED IN SECTION 24(10) BELOW.

(1) Scope

This Section applies to any dispute, claim, or controversy (a "Claim") arising out of or relating to: (i) your access to or use of peachskinsheets.com or any related site, app, or service (the "Site"); (ii) any product, bedding, or service purchased, received, marketed, or advertised on or through the Site; (iii) the pricing, discounting, or display of items on the Site; or (iv) these Terms of Service. This Section applies to Claims arising from your use of the Site and any purchases made on or after the effective date of this Agreement, and to any ongoing or future dispute regardless of when the underlying conduct occurred, to the fullest extent permitted by applicable law. It binds Peach Skin Sheets, L.L.C. and its affiliates, parents, subsidiaries, predecessors, successors, and assigns, and their respective officers, directors, employees, contractors, and agents (collectively, the "Released Parties"). This Section does not apply to: (a) Claims by Peach Skin Sheets for infringement or misuse of its intellectual property; (b) Claims that qualify for small claims court and are brought there on an individual basis; (c) residents of jurisdictions where pre-dispute arbitration agreements of this kind are unenforceable under applicable law, to the extent such law applies; or (d) to the extent a Claim asserts breach of a written warranty under the Magnuson-Moss Warranty Act, 15 U.S.C. § 2301 et seq., and applicable law in the jurisdiction governing that Claim holds such a Claim is not subject to pre-dispute binding arbitration, in which case that Claim alone may proceed in the courts identified in Section 24(11), while any remaining Claims shall proceed in arbitration under this Section.

(2) Informal Dispute Resolution (Condition Precedent)

Before initiating arbitration, you and Peach Skin Sheets each agree to first attempt in good faith to resolve the dispute informally. The party asserting a Claim must send a written "Notice of Dispute" to the other party. Your Notice of Dispute must be sent by email to legal@peachskinsheets.com or by mail to Peach Skin Sheets LLC, 1225 Old Alpharetta Road Suite 295, Alpharetta, Georgia 30005, and must include: (1) your full name; (2) your mailing address and the email address associated with your order; (3) your order number(s), if applicable; (4) a written description of the Claim, including any supporting documentation in your possession or reasonably available to you; and (5) the specific relief sought, including a calculation of any damages claimed. Peach Skin Sheets' Notice of Dispute to you will be sent to the contact information on file for your account. Within 60 days of receipt of a complete Notice of Dispute, the parties agree to make a good-faith effort to resolve the Claim directly, including through a telephone or video conference if requested by either party. Each Notice of Dispute may address only a single individual's Claim(s); disputes belonging to different individuals may not be combined into one Notice. The 60-day period set out in this Section (2) governs regardless of any different response deadline stated or demanded in a Notice of Dispute, and no such alternative deadline shortens or otherwise modifies this Section. Compliance with this informal process is a mandatory condition precedent to filing any arbitration demand or lawsuit. If this requirement is not satisfied, a court of competent jurisdiction may enjoin the filing or prosecution of the arbitration, and no arbitration administrator is authorized to accept or administer a demand filed in violation of this Section.

(3) Agreement to Arbitrate

If a Claim is not resolved within 60 days under Section (2), the Claim shall be resolved exclusively by final, binding, individual arbitration rather than in court, except as set out in Section (1). Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court proceedings, and is subject to limited court review. An arbitrator can award the same damages and relief that a court could award, on an individual basis. This arbitration agreement is governed by the Federal Arbitration Act ("FAA"), and not by state arbitration law, to the exclusion of any inconsistent state or municipal law. You and Peach Skin Sheets acknowledge that these Terms evidence a transaction in interstate commerce. You understand and agree that by accepting this arbitration agreement, both you and Peach Skin Sheets are each giving up the right to sue the other in court and to have a judge or jury decide the Claim, and are instead agreeing that the Claim will be decided by a neutral arbitrator as described in this Section. This waiver is mutual: it applies equally to Claims Peach Skin Sheets may bring against you and to Claims you may bring against Peach Skin Sheets, and neither party retains a right to go to court that the other does not also have, except as expressly set out in Section (1) or Section (10). Your agreement to this waiver is knowing and voluntary; if you do not wish to give up these rights, you may decline this arbitration agreement by exercising the opt-out right described in Section (10).

(4) Arbitration Procedure

Arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules (or, for disputes brought by a business or non-individual, its Commercial Arbitration Rules), as modified by this Agreement. AAA rules and filing forms are available at www.adr.org or by calling 1-800-778-7879. If the AAA is unavailable or declines to administer the arbitration, the parties will mutually select a comparable alternative provider (such as JAMS). The arbitration will be conducted by a single arbitrator, in the English language. The seat of arbitration will be Forsyth County, Georgia; however, if you are an individual, you may elect to have the hearing conducted by telephone, based on written submissions, remotely by videoconference, or in person in the county where you reside, at Peach Skin Sheets' reasonable discretion regarding feasibility. The arbitrator must follow and enforce these Terms as a court would and may award any relief that would be available in an individual court action, including injunctive or declaratory relief limited to what is necessary to satisfy the individual claimant's own Claim. Except as set out in Section (7), the arbitrator and not any court has exclusive authority to resolve disputes regarding the interpretation, applicability, formation, or enforceability of this arbitration agreement, including any claim that all or part of it is void or voidable.

(5) Fees and Costs

Payment of filing, administrative, and arbitrator fees will be governed by the applicable AAA rules. If you are an individual acting in a personal (non-business) capacity, Peach Skin Sheets will pay your portion of the AAA filing and arbitrator fees for Claims under $10,000, unless the arbitrator determines the Claim is frivolous or brought for an improper purpose. Peach Skin Sheets will not seek its attorneys' fees or costs in arbitration unless the arbitrator determines your Claim was frivolous. For Claims of $10,000 or more, or Claims brought by a business, arbitration costs and reasonable attorneys' fees will be borne by the unsuccessful party or allocated between the parties as the arbitrator determines to be equitable.

(6) Confidentiality

The arbitration, and any related filings, evidence, and awards, shall be treated as confidential by both parties, except to the extent disclosure is required by law, requested by a regulator, or necessary to enforce or appeal the award.

(7) Class Action and Jury Trial Waiver

YOU AND PEACH SKIN SHEETS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF, REPRESENTATIVE, OR MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING, INCLUDING ANY PRIVATE ATTORNEY GENERAL ACTION. Unless you and Peach Skin Sheets agree otherwise in writing, the arbitrator may not consolidate or join more than one person's Claims and may not otherwise preside over any form of class, collective, or representative proceeding, and any relief awarded may not affect other Peach Skin Sheets customers. TO THE FULLEST EXTENT PERMITTED BY LAW, YOU AND PEACH SKIN SHEETS EACH WAIVE THE RIGHT TO A TRIAL BY JURY. Any challenge to the validity or enforceability of this Class Action Waiver may be raised only in a court of competent jurisdiction, and not by an arbitrator. If a court determines this Class Action Waiver is unenforceable as to a particular Claim or request for relief, then that specific Claim or request shall be severed and may proceed only in court, while all remaining Claims subject to arbitration shall be compelled to arbitration on an individual basis.

California Public Injunctive Relief. Notwithstanding anything to the contrary in this Section (7), nothing in this Agreement waives, limits, or precludes your right, if any, to seek public injunctive relief under the California Unfair Competition Law, the California Consumers Legal Remedies Act, or the California False Advertising Law, in any forum, to the extent such a waiver is prohibited by applicable California law. If you are entitled to seek such relief, you may pursue it on an individual basis in arbitration under this Section (7), and the arbitrator may award public injunctive relief limited to what is necessary to remedy your individual claim under the relevant statute; this does not permit you to pursue such relief as a representative, private attorney general, or on behalf of a class, and does not entitle you to litigate such a claim in court so long as it can be brought and resolved in arbitration consistent with this paragraph. If a court nonetheless determines that a request for public injunctive relief cannot proceed in arbitration consistent with applicable law, that request alone shall be severed and may proceed in the courts identified in Section (11), while your remaining individual Claims shall proceed in arbitration.

(8) Mass Filing Procedure (Bellwether Tranches)

If 25 or more substantially similar arbitration demands are filed against Peach Skin Sheets by or with the coordinated assistance of the same counsel or group of counsel within a 60-day period (a "Mass Filing"), the parties agree the following procedure governs in place of ordinary AAA case-management rules for that Mass Filing:

  • The AAA will select 10 individual demands to proceed first as bellwether cases (5 selected by counsel for the claimants and 5 by Peach Skin Sheets), and all remaining demands within the Mass Filing will be stayed pending the outcome.
  • No filing, administrative, or arbitrator fees will be assessed on stayed demands until they are selected to proceed.
  • Following resolution of the initial 10 bellwether arbitrations, the parties will engage in a mandatory mediation of the remaining stayed claims before any further demands are activated. If mediation does not resolve the remaining claims, the process repeats in sequential tranches of 10 until all demands are resolved.
  • The statute of limitations applicable to any stayed demand is tolled for the duration it remains stayed under this Section.

This Section (8) does not limit the Class Action Waiver in Section (7); each claimant's demand remains an individual proceeding.

(9) Time Limit on Claims

Regardless of any statute or law to the contrary, any Claim arising out of or relating to these Terms, the Site, or any product or service must be commenced (whether in arbitration or, where permitted, in court) within one (1) year after the Claim accrues, or it is permanently barred. This Section (9) does not apply where a longer limitations period is required by applicable law.

(10) Right to Opt Out

You may opt out of this Section's arbitration agreement and class action waiver. To do so, send written notice including your full name, the email address associated with your account or order, and a clear statement that you wish to opt out of arbitration to legal@peachskinsheets.com or by mail to Peach Skin Sheets LLC, 1225 Old Alpharetta Road Suite 295, Alpharetta, Georgia 30005, within thirty (30) days of the later of: (i) your first purchase or use of the Site, or (ii) the date this Agreement is posted or updated on the Site. If you timely opt out, neither you nor Peach Skin Sheets is bound by the arbitration or class-action-waiver provisions of this Section, but all other Terms continue to apply, and any dispute will instead be resolved exclusively in the state or federal courts located in Forsyth County, Georgia, as set out in Section (11).

(11) Governing Law; Venue for Non-Arbitrable Disputes

These Terms and any Claim not subject to arbitration (including small claims actions, IP claims excluded under Section (1), or Claims by opt-out customers under Section (10)) are governed by the laws of the State of Georgia, without regard to conflict-of-law principles, and subject to the FAA where arbitration applies. You and Peach Skin Sheets consent to the exclusive jurisdiction and venue of the state and federal courts located in Forsyth County, Georgia for any such Claim, and each party waives any objection to personal jurisdiction or venue there.

(12) Severability

If any part of this Section is found unenforceable, that part will be severed and the remainder of this Section will remain in full force, except that if the Class Action Waiver in Section (7) is found unenforceable as to the entirety of a Claim (rather than a discrete request for relief), then the arbitration agreement in this Section as to that Claim shall be void, and that Claim may proceed only in the courts identified in Section (11), and not as a class, collective, or representative action. Similarly, if a court finds that a particular Claim is not subject to arbitration under Section (1)(d) (written warranty Claims under the Magnuson-Moss Warranty Act) or Section (7) (California public injunctive relief), that finding affects only the specific Claim or request for relief at issue and shall not be construed to void or otherwise limit the enforceability of this Section as to any other Claim.

(13) Survival

This Section survives termination of your account, these Terms, or your relationship with Peach Skin Sheets.

Section 25 – Termination

25.1 – The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of these Terms for all purposes, including without limitation any obligations relating to payment, indemnification, warranty disclaimers, dispute resolution, and limitations of liability.

25.2 – These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us that you no longer wish to use our Services, or when you cease using the Site.

25.3 – If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we may terminate this agreement immediately without notice. Upon termination, you will remain liable for all amounts due up to and including the date of termination, and we may deny you access to our Services (or any part thereof).

Section 26 – Severability; Waiver; Entire Agreement

26.1 – In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable by a court or arbitrator of competent jurisdiction, such provision shall be enforced to the maximum extent permissible, and the remaining provisions shall remain in full force and effect, subject to Section 24(12) with respect to the Dispute Resolution provisions.

26.2 – The failure of PeachSkinSheets to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by PeachSkinSheets.

26.3 – These Terms and any policies or operating rules posted by us on the Site or in respect to the Services constitute the entire agreement and understanding between you and us, govern your use of the Services, and supersede all prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of these Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

26.4 – You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without your consent, including in connection with a merger or a sale of all or substantially all of our business or assets.

Section 27 – Geographic Restrictions; Export

27.1 – The Site is operated from the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws, including applicable export control laws.

Section 28 – Contact Information

Questions about these Terms of Service, our products, or our Services should be sent to us at:

Peach Skin Sheets LLC 1225 Old Alpharetta Road Suite 295 Alpharetta, Georgia 30005

Phone: 678-771-5326 Email: legal@peachskinsheets.com