' Mavens & Aficionados - The Maple & Ash Wine Club - Terms & Conditions

Terms & Conditions

This agreement (the "Terms & Conditions") is a legally binding agreement between you and Mavens & Aficionados, The Maple & Ash Wine Club d/b/a Maple & Ash Mavens & Aficionados Wine Club, its affiliates, and their respective parents and subsidiaries, officers, directors and shareholders, (individually and collectively, “Company,” “Licensed Retailer,” “Wine Club,” “we,” “our” or “us”), and applies to your use of the URL, https://www.mapleandash.com, , and all other websites, social media pages and accounts owned by the Company (individually and collectively, the "Websites"), all mobile applications owned by the Company (together with the Websites, collectively, the "Company Site"). Through the use of the Company Site, the Company markets and sells wines and related products directly to consumers, and offers consumers the opportunity to take advantage of the various other products offered by the Company, including, without limitation, the opportunity to purchase wine and related products from the Company. BY CLICKING THE "I AGREE" BUTTON OR BY USING THE COMPANY FOR PURCHASES YOU HEREBY AGREE TO THE FOLLOWING TERMS & CONDITIONS AND OUR {PRIVACY POLICY}. IF AT ANY TIME YOU DO NOT AGREE TO THESE TERMS & CONDITIONS AND PRIVACY POLICY, PLEASE DO NOT USE THE COMPANY SITE.

1. AUTOMTIC RENEWAL OF MEMBERSHIP & VHARGES TO CREDIT CARD & STEPS TO CANCEL


a. Wine Club Membership. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL USE A RECURRING PAYMENT SYSTEM AND AUTOMTIC RENEWAL IN CONNECTION WITH YOUR WINE CLUB MEMBERSHIP. THE METHOD OF PAYMENT LINKED TO YOUR ACCOUNT WILL BE AUTOMATICALLY CHARGED AND YOUR MEMBERSHIP RENEWED ON A SUCCESSIVE QUARTERLY BASIS IN ACCORDANCE WITH THE MEMBERSHIP YOU HAVE CHOSEN AND THE SCHEDULE OF YOUR WINE CLUB MEMBERSHIP. THERE IS NO ONGOING COMMITMENT TO REMAIN A MEMBER OF THE CLUB AND TO RECEIVE THESE SHIPMENTS OF WINE ON AN ONGOING BASIS YOU MAY CANCEL YOUR WINE CLUB MEMBERSHIP AT ANY TIME BY CONTACTING US, USING THE CONTACT INFORMATION PROVIDED IN {SECTION 3} (TITLED "CONTACT INFORMATION") BELOW, AND WE WILL PROMPTLY STOP PROCESSING THE RECURRING PAYMENTS. {SECTION 2} (TITLED "ORDERS") SETS FORTH ADDITIONAL TERMS CONCERNING ANY CHANGES TO THE PRICE OF WINE CLUB MEMBERSHIPS, AND YOUR ABILITY TO CANCEL YOUR MEMBERSHIP BEFORE BEING CHARGED FOR THE NEXT SHIPMENT.

b. Wine Club Orders. You may cancel a pending order with the Wine Club at any time prior, but no later than 7 business days prior as to the date you have been notified that your order is ready for pick up at the Licensed Retailer’s premise or if the Retailer elects to provide shipping and delivery, no later than 7 business days prior to upon which your order will be placed for shipping and delivery, or by contacting us within the same 7 business day periods, using the contact information provided in {Section 3} (titled "Contact Information") below within the periods specified, and we will promptly cancel your order and membership upon timely receipt of such a request. If you use a credit card in connection with your purchase of a wine club membership, it will generally be charged for each quarterly order several business days before the date you receive notification your order is ready for pick-up or delivery. If timely notice is not received and your payment has been processed, you may not request nor receive a refund.

2. Orders. All offers made pursuant to these Terms & Conditions are subject to availability and written notification of acceptance by the Company. In the unlikely event that a particular wine selection is currently unavailable, either as part of an individual order or as part of a wine case shipped pursuant to a Wine Club membership, a substitute of similar style and of equal or greater value will be supplied in your shipment from the Licensed Retailer. The Company as the Licensed Retailer has the right to refuse orders should they not, in the sole discretion of the Company, comply with the law, these Terms & Conditions, or for any other reason in its sole discretion and your payment will not be processed for such orders or if processed returned. The Company shall not be liable for any errors or omissions in product pricing or discounts offered to customers, and in the event of any such error or omission, the Company as the Licensed Retailer reserves the right to cancel affected orders and refund the charge to you as your sole remedy. The Company as the Licensed Retailer reserves the right to change product pricing and discounts offered at any time. IN THE EVENT PRODUCT PRICING CHANGES WITH RESPECT TO WINE CLUB SHIPMENTS, THE COMPANY WILL NOTIFY YOU IN ADVANCE OF SUCH PRICE MODIFICATION AND YOU WILL HAVE THE OPPORTUNITY TO CANCEL YOUR MEMBERSHIP TO THE WINE CLUB PRIOR TO BEING CHARGED FOR YOUR NEXT SHIPMENT.

3. Contact Information. If you have any requests (including club or order cancelations), questions or comments about your orders made in connection with the Wine Club membership registration, your Account, your Information, the Company Site, or any other questions or comments relating to our products and services, please contact us at:

Email: wine@mapleandash.com; or Phone: 312-944-8888 or by mail: Maple & Ash Wine Club, Attn: Customer Service: 1050 North State Street, Suite 202, Chicago, IL 60610.

When you send an email to us, you agree that we may electronically communicate with you via email and to do so for all purposes of all notices from the Company You also acknowledge that communications by email may not be confidential.

4. Eligibility. You represent and warrant that you are at least twenty-one (21) years of age. In no event shall anyone under the age of twenty-one (21) years of age use the Company Sites, utilize the Wine Services, or register as a member of a Wine Club. You reside within the state of Illinois for purposes of shipment of any orders or if visiting Illinois that you will pick up your order at the Licensed Retailer’s premises, or that the wine you purchase is not intended for resale. You may never do any of the foregoing restricted activities for the benefit of any ineligible third party. The Company hereby notifies you that parental control protections (e.g., computer software, filtering services, etc.) are commercially available and may be used to assist with limiting access to the Company Site to minors. Please contact us for details. We may refuse to register any person or service any order at any time, at our sole discretion.

5. Sale of Alcohol Beverages. The Company’s role in the transactions contemplated by these Terms & Conditions is that of a Licensed Retailer authorized to sell wine at retail to consumers within the State of Illinois from its licensed retail premises, that enables you, the consumer if residing within the State of Illinois or if not by visiting the Licensed Retailer’s premises, to purchase wine and related products and to participate in the services and/or any other product offers offered on the Company Site. You acknowledge that all orders of wine and related products you place through the use of the Company Site are processed and fulfilled by such Licensed Retailer, as the actual seller of wine. Any wine you purchase through the use of the Company Site from the Licensed Retailer must be for personal consumption only and not for resale.

6. Registration; Account; Guest Log-In. To utilize the Company’s’ sites or to purchase products, you will be asked to register for a personal account with the Company (an "Account"), or log in to the Company Site as a guest (a "Guest Log- In"), follow the instructions provided by Company, and provide the requested personally identifiable information (i.e., name, phone number, residential or office address, email address, date of birth, and method of payment information) (collectively, the "Information"). You represent and warrant that all Information you provide in connection with registering your Account or using a Guest Log-In is complete and accurate, and that you are authorized to use the method of payment you provide in connection with your use of all purchases. We reserve the right to contact the service provider of your method of payment to conduct periodic security checks. You acknowledge and agree that you may never use another customer’s Account. You also agree to review and update your Account as and when necessary to maintain the most current Information. which tracks your order history, status of pending orders, preferences, and Wine Club memberships. If you choose not to create an Account but to instead place orders by using a Guest Log-In, you may contact the Company to review or update the Information you have provided by using the telephone numbers and/or addresses listed above in {Section 3} (titled "Contact Information").

7. Wine Club Membership. As part of the use of the Company Site, you will have the opportunity to register for the Maple & Ash Wine Club by following the instructions on the Company Site or promotional communication, including, without limitation, email communications or direct mailings. You will be notified by email communication or by U.S. mail in advance of these quarterly shipments. You may manage your Wine Club membership(s) by going to the "My Club" section of your Account, where you will have the option to change the date of a future shipment, skip a shipment, modify the contents of a wine case or change the address where your shipments will be delivered. Memberships to any particular Wine Club are limited to one (1) per household. Your membership in the Company's Wine Club also provides that during the year you will receive promotional offers from us, for additional shipments of wine. You will be notified by the Company in advance of such promotional shipments, and such communication will include the applicable terms of the offer, including the price, taxes and shipping charges. Terms of any such promotional offers may vary and all such offers are subject to availability.

8. Shipping & Deliveries.

a. All orders shall be picked up at the retailer’s licensed premises or if we decide, in our sole discretion to make an order available for shipping and delivery, if you then elect to have your order shipped for delivery, your order will be shipped and delivered for additional charges which shall be paid by you.. Delivery may occur by a third party without further notice or consent by the purchaser. Title to such wine and related products and risk of loss passes from the Company, as the Licensed Retailer, to you upon notification that your order may be picked up at the Licensed Retailers premises, or if you have elected, when your order is placed for shipment and to be delivered without actual receipt of the delivery. The sole exception to passage of title and non-cancellation being in the discretion of the Company. The terms of shipment and locations where the Company may elect to provide delivery may vary from order to order and location to location within the state of Illinois, in the sole discretion of the Company. You will be notified at the time of purchase as to the applicable shipping charges and taxes, which you are responsible for paying, that are applied to your individual order or purchase of special promotions or to your shipments pursuant to your Wine Club membership. The Company as the Licensed Retailer will collect from you, but remit any and all applicable federal, state, sales, use, and excise taxes, related to such orders to the appropriate taxing authority. (By example: Sales and use taxes are paid by the purchaser but subsequently remitted by the Licensed Retailer to the appropriate taxing authority.) The Company as the Licensed Retailer does not ship or sell to locations or persons located outside of the state of Illinois nor to wholesalers or other retailers of wine, nor to any person or entity for resale, nor any person whom is not of 21 years or older It also does not ship to any P.O. Boxes or freight forwarders.

b. All customers or persons picking up an order for a customer, or if shipped, before receiving the order, must first present valid government issued photo identification establishing that they are of legal drinking, and must sign a written acknowledgment as to that person’s receipt of the order.

10. Special Promotional Offers. By participating in the Maple & Ash Wine Club, you will be eligible to receive various benefits provided from time to time by the Company, including, without limitation, receiving discounts, and promotional offers with respect to other wines, related products, and the Wine Club memberships, unless prohibited by law. YOUR CREDIT CARD WILL BE CHARGED AT THE TIME OF PURCHASE OF ANY WINE WITHOUT JOINING THE WINE CLUB OR FOR THE PURCAHSE OF ANY SPECIAL PROMOTIONS AND WITHOUT OPPORTUNITY TO CANCEL OR RECEIVE A REFUND.. You will be notified of these special offers through various channels of communication, including, without limitation, email and/or U.S. mail. Each such discount, coupon, and promotion offered to you will apply only to those specific wines, related products and Company’s Wine Club memberships advertised, and will be governed by these Terms & Conditions, as amended from time to time, and the applicable terms of such promotions as communicated to you. You will be required to input the applicable reference code included in the advertisement of the promotional offer prior to purchase. A particular reference code may only be used once and may not be used in conjunction with any other discount, voucher or promotional offer unless the applicable advertisement provides otherwise. The value of any such offer is not refundable nor an exchange for cash. All offers are subject to availability and the Company reserves the right to change discounts, coupons, or offers at any time. The Company extends such discounts, vouchers and offers only if not prohibited by Illinois law.

11. Privacy Policy. Your use of the Company Sites is subject to our {PRIVACY POLICY}, which we may amend from time to time, and you hereby agree to its terms.

12. Customer Conduct. You agree to these Terms & Conditions; that they may unilaterally changed by the company from time to time in its sole discretion. You further agree not to engage in any of the following activities: (i) interfere with or inhibit the use of the Company Site by other users; (ii) use the Company Sites for commercial purposes for yourself and/or third parties (e.g., selling, or attempting to sell your purchases to others, etc.); (iii) create an account using an alter-ego or by impersonating a third party, or providing any other false information; (iv) create an account or have your order-picked up, or if shipment received, by anyone who is not of legal drinking age and whom does not possess valid government issued photo identification establishing they are of legal drinking age;(v) copy, reverse engineer, or attempt to derive the source code of any part of the Company Sites; (vi) post any comment or product review on the Company Site that is private, obscene, vulgar, violent, harassing, discriminatory or defamatory; or (vii) use the Company Site in a manner that would violate any of these Terms & Conditions or any applicable laws. We may investigate any reported violation of these restrictions or other provisions in the Terms & Conditions. If we determine that you have violated these restrictions, or other provisions in the Terms & Conditions, we may take any action that we deem appropriate and you potentially may be subject to liability. Such action may include, without limitation, issuing warnings, immediately terminating your Account, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials or regulators and, in doing so, we may disclose any relevant information to such officials or regulators, including, without limitation, your Information, IP address[s] and your Company Site usage history as provided in Company’s {PRIVACY POLICY}

13. Intellectual Property.

a. Access to Company Sites. The Company grants you the limited right to access and make use of the Company Site as a user. The Company Site, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Company Site (the "Content") are owned by or licensed to the Company. Unless authorized in writing and in advance by the Company or the applicable rights holder, you may not sell, reproduce, copy, distribute, modify, display, publicly perform or otherwise exploit the Content for any public or commercial purpose. No provisions of these Terms & Conditions shall be construed to convey any property right or license to the Content unless expressly provided to the contrary.

b. DMCA. We respect the intellectual property rights of others and require that our users do the same. If you believe your work has been copied in a manner that constitutes copyright infringement, or you believe your rights are otherwise infringed or violated by anything on the Company Sites, you must notify us and give us an opportunity to correct the problem before taking any other action by sending an email to the following address: wine@mapleandash.com. The notification must include all of the following: (i) a physical or electronic signature of the owner of the right claimed to be infringed or the person authorized to act on the owner’s behalf; (ii) a description of the copyrighted work or other right you claim has been infringed or violated; (iii) information reasonably sufficient to locate the material in question on the Company Site; (iv) your name, address, telephone number and e-mail address; (v) a statement by you that you have a good faith belief that the disputed use is not authorized by the rightful owner, its agent or the law; and (vi) a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the owner of the right claimed to be infringed or violated or are authorized to act on behalf of the owner.

14. Disclaimer: Notice of Violations. a. "As Is." THE COMPANY SITES AND THE CONTENT ARE PROVIDED "AS IS", "AS AVAILABLE" AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF TITLE, NON- INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ALL WARRANTIES THAT MAY BE IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY EXPRESSLY DISCLAIMED. YOUR USE OF THE COMPANY SITE IS SOLELY AT YOUR OWN RISK.

b. Good Faith Compliance. The Company Site may be accessed from many locations. You acknowledge and agree that consumer protection laws vary by location and that the Company has made a good faith attempt to comply with all such applicable laws. You agree that you will notify the Company if you believe that it is not in compliance with any laws and provide the Company with an opportunity to cure any alleged violations before invoking the Dispute Resolution mechanisms set forth in {Section 19}.

15. Termination. The Company reserves the right to terminate your Account and/or any Wine Club memberships at any time, with or without cause or notice, in its sole discretion, and which shall be effective immediately. If you wish to terminate your Account, you may do so by contacting us using the contact information provided in {Section 3} (titled "Contact Information") above. You acknowledge and agree that any orders shipped before such termination is non-refundable. Sections 11-23 of these Terms & Conditions shall survive any such termination.

16. Modification. The Company reserves the right to modify any of the terms and conditions contained in these Terms & Conditions, at any time, at our sole discretion. We will notify you of any such modifications by posting a notice on the Company Site promptly following any such modification. Your continued use of the Company Site or your Account following such notification will be confirmation of your acceptance of such changes, except that the Company will give you prior written notification of material changes to the terms of your Maple & Ash Wine Club membership and provide you with an opportunity to cancel your membership. The Company Site is subject to constant change. You will not be eligible for any compensation because you cannot use any part of the Company Site or because of a failure, suspension or withdrawal of all or part of the Company Site.

17. Indemnification. You agree to indemnify, defend and hold the Company and its employees, officers, directors and shareholders harmless to the fullest extent permitted by law from and against any losses, costs, liabilities, settlements, fines, payments or damages (including reasonable attorneys’ fees and costs) resulting from any claim, suit or proceeding, threatened or otherwise, at law or in equity made or brought against us, and caused by, arising out of, resulting from or attributable to: (i) your misuse of the Company Site; (ii) anything you post to the Company Sites; (iii) your violation of these Terms & Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Company Sites by any other person accessing the Company Sites using a computer or Internet access account that you provided to such person.

18. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY SHALL NOT BE LIABLE, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHERWISE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, OR ANY OTHER COMMERCIAL DAMAGES, OR LOSSES, EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.

18. Governing Law. These Terms & Conditions and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of Illinois pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.

19. Dispute Resolution, including Arbitration and Class Action Waiver.

a. You and we agree that in the event of any dispute between us, you and we will first try to resolve the dispute by talking with each other. Accordingly, neither you nor we may start a formal proceeding for at least sixty (60) days after one of us notifies the other in writing of a dispute. You will send your notice to us at the address provided in {Section 3} (titled "Contact Information") above, and we will send our notice to you at your billing address. The notice must be sent by U.S. mail, Federal Express or UPS, with confirmation of delivery requested.

b. IF YOU AND WE ARE UNABLE TO RESOLVE OUR DISPUTE BY TALKING TO EACH OTHER, YOU AND WE EACH AGREE THAT WE WILL SUBMIT THE DISPUTE TO BINDING ARBITRATION, SUBJECT TO SECTION 19 BELOW. To the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, these Terms & Conditions (including any dispute as to their breach, termination, enforcement, interpretation or validity), our {PRIVACY POLICY} (including any dispute as to its breach, termination, enforcement, interpretation or validity), the Company Site, any promotional offers or any product or service provided under or in connection with our relationship will be resolved exclusively by binding arbitration, subject only to Section 19 below. The arbitration shall be conducted before American Arbitration Association (“AAA”) using a single arbitrator under the AAA rules and procedures (or their replacement) that are in effect at the time the arbitration is initiated and under the terms set forth in this Customer Agreement. The arbitrator shall be chosen by mutual agreement from a slate of ten (10) potential arbitrators proposed by either you or us and, if you and we are unable to agree, the AAA administrator shall choose the arbitrator. In the event of a conflict between the AAA rules and these Terms & Conditions, these Terms & Conditions shall govern. Arbitration is not a court proceeding. The rules of arbitration differ from the rules of court and there is no judge or jury in an arbitration proceeding. YOU ARE HEREBY WAIVING YOUR RIGHT TO HAVE A JURY TRIAL OR TO GO TO COURT, other than as provided in Section 19 below. You may, in arbitration, seek any and all remedies otherwise available to you where you reside, other than as waived in these Terms & Conditions. You have a right to hire an attorney to represent you in arbitration. The arbitration shall permit the discovery of relevant information that is not privileged or protected.

c. The arbitration will be conducted at the Chicago office of the AAA, unless we mutually agree to a different location or to a telephonic arbitration. If you decide to initiate arbitration after you and we are unable to resolve the dispute between us, we shall evenly share the costs of arbitration.

d. The arbitrator’s decision shall be final and binding and may be enforced by any state or federal court that has jurisdiction; provided, however, that the arbitrator shall not have authority to make errors of law and any arbitration award may be challenged if the arbitrator does so. The arbitrator shall give a written statement of the disposition of each claim and the award shall provide a concise written statement of the essential findings and conclusions upon which it is based. You and we agree that the Federal Arbitration Act shall govern this agreement to arbitrate.

e. You and we, agree not to join or consolidate claims in arbitration by or against the other. You and we, also agree that you and we will not be entitled to bring any claim as a representative member of a class or in a private attorney general capacity against the other, or against our service partners, Licensed Retailers, retailers, licensors, officers, directors, agents, employees, affiliates or predecessors. Accordingly, you and we agree that the AAA class action procedures (or their replacement) will not apply in any arbitration between us. YOU HEREBY WAIVE ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. You and we retain our respective rights to make any complaint to regulatory agencies or governmental investigators. A court may sever any portion of this Section 19 that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general proceedings. You understand and agree that the waivers of rights in this Section 19, including the waivers of the rights to bring a lawsuit in court and to assert a class action, are knowing and voluntary. f. In lieu of initiating any arbitration, you may instead choose in your sole discretion to file an individual action in a small claims court. If you do so, we do not agree to pay any of your fees or costs. The provisions of Subsection 19 e, above remain effective, even if you elect to file in a small claims court.

20. Waiver of Statutory Claims. By agreeing to these Terms & Conditions, you are giving up statutory claims or rights that you may have under your state’s laws, including claims for certain forms of relief or for attorneys’ fees. You agree that your waiver of any such laws does not violate your state’s laws.

21. Miscellaneous.

a. Severability. In the event that any provision of these Terms & Conditions (other than Subsection 19(e)) is declared void or unenforceable, such provision shall be deemed severed from these Terms & Conditions, and these Terms & Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.

b. Entire Agreement. These Terms & Conditions, our {PRIVACY POLICY} and the terms and conditions that may be posted on the Company Site or of any promotional offers we make and you accept ("Company Site Agreements") constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral. You confirm that you have not relied on any representation except insofar as the same has expressly been made a representation in these Company Site Agreements. These Company Sites Agreements, including these Terms & Conditions, shall be modified other than in writing.

c. Notices. Unless otherwise specified to the contrary herein, all notices due under these Terms & Conditions shall be in writing and shall be deemed to have been made or given when any such notice is received, if personally delivered or sent by certified or registered mail; when receipt is electronically confirmed, if sent by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight courier service. Electronic notices to us shall be sent to the email address provided in {Section 3} (titled "Contact Information") above.

d. Assignment. These Terms & Conditions are personal to you as well as to your Account. You may not assign these Terms & Conditions without the prior written consent of the Company. The Company may assign any of its rights and delegate any of its duties hereunder at any time, without your consent, at its sole discretion. These Terms & Conditions will inure to the benefit of the Company’s successors, assigns and licensors.

e. Relationship of the Parties. Nothing contained herein will be construed as creating any relationship of employer or employee, partnership, agency, joint venture, or otherwise between you and the Company, nor will these Terms & Conditions be construed as conferring on any party any express or implied right, power, or authority to enter into any agreement or commitment, express or implied, or to incur any obligation or liability on behalf of the other party.

f. Force Majeure. The Company shall not be liable for performance of its obligations under these Terms & Conditions if it is prevented or delayed from performing such obligations as a result of (i) any provision of any present or future law or regulation of any state or of the United States, (ii) any act of God, war, civil unrest or emergency condition, or (iii) any other circumstances beyond the reasonable control of the Company.

g. Waiver. Any waiver of either party’s rights hereunder must be in writing. No waiver by either party of any breach or default of any of the provisions contained in these Terms & Conditions and required to be performed by the other party shall be construed as a waiver of any succeeding breach of the same or of any other provision.

h. Errors and Inaccuracies. The Company strives to provide complete, accurate, up-to-date information on the Company Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, the Company Site may contain typographical mistakes, inaccuracies or omissions, some of which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies or omissions, including after an order has been submitted, and to change or update information at any time without prior notice. In addition, you acknowledge that the particular technical specifications and settings of your computer and its display could affect the accuracy of its display of the colors and look of products offered on the Company Site.

PLEASE PRINT A COPY OF THESE TERMS & CONDITIONS FOR YOUR RECORDS. If you are unable to print from your device, please contact the Company using the information in {Section 3} (titled "Contact Information") above to request a hard copy of these Terms & Conditions.

Terms & Conditions Effective as of the Following Date: August 30, 2017