Conditions of Use

TERMS & CONDITIONS

Thank you for visiting the website of Famarock Inc. and its affiliates (“Rockenwagner,” “Rockenwagner Bakery,” “we” or “us”). These Terms of Use (“Terms”) apply to your use of our website www.rockenwagner.com and the other sites or online services owned, operated or offered by or on behalf of Rockenwagner or its affiliates, including https://eshop-rockenwagner-qa.d365eshop.com/ (collectively, the “Site”). The Site is owned and operated by Rockenwagner Bakery.

It is important to us that you, and our other visitors, are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Site. Please read these Terms carefully before using the Site, because they affect your legal rights and obligations (e.g., requiring arbitration, prohibiting class relief, and limiting our liability).

1. You Accept These Terms.

   If you do not agree with any of these Terms, including the Privacy Policy incorporated herein, please do not use this Site. By using this Site, you will be deemed to have irrevocably agreed to these Terms. Some areas of this Site may be subject to additional terms and conditions, which you should read carefully before making any use of those areas. Such additional terms are supplemental to these Terms and will not change or replace these Terms regarding the use of the Site, unless otherwise expressly stated.

2. Updates to Terms.

   Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on the Site. You consent and agree to receive notices of updates of these Terms through our posting of updated Terms on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.

3. Legal Capacity.

   This is a general audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).

4. User Representation

   By using the Services, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Legal Terms; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the Services through automated or non-human means, whether through a bot, script or otherwise; (6) you will not use the Services for any illegal or unauthorized purpose; and (7) your use of the Services will not violate any applicable law or regulation.

   If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

5. User Registration

   You may be required to register to use the Services. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

6. Online Privacy Policy.

   Your privacy is important to us. To better protect your privacy, we provide a notice explaining our online information practices and the choices you can make about the way your information is collected and used at this Site. 

7. Modifications and Interruptions

   We reserve the right to change, modify, or remove the contents of the Services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Services. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

   We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or discontinuance of the Services. Nothing in these Legal Terms will be construed to obligate us to maintain and support the Services or to supply any corrections, updates, or releases in connection therewith.

8. Disclaimer of Warranties.

   YOUR USE OF THIS SITE IS AT YOUR OWN RISK. THE SITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, ROCKENWAGNER, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF FAMAROCK INC. (“ROCKENWAGNER” AND “ROCKENWAGNER BAKERY”) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, USE AND NON-INFRINGEMENT. ROCKENWAGNER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ROCKENWAGNER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY WEBSITES LINKED TO THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ROCKENWAGNER MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ROCKENWAGNER ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

9. Limitation of Liability.

   TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW ROCKENWAGNER DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGES (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF ROCKENWAGNER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU (AND NOT ANY MEMBER OF ROCKENWAGNER) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE.

10. Indemnification.

    YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND ROCKENWAGNER AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES) THAT ROCKENWAGNER MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THESE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THIS SITE OR ACCESS TO THIS SITE.

11. Dispute Resolution; Binding Arbitration; No Class Relief.

    YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF ACCESSING OR USING THIS SITE.
    For any dispute you have with Rockenwagner or these Terms of Use, you agree to first contact us at general@rockenwagner.com, and to attempt to resolve such dispute with us informally. In the unlikely event that we are unable to resolve any dispute you bring to our attention after sixty (60) days, and for any other dispute we raise, you and Rockenwagner agree that, except where prohibited by law, all disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.
    You and Rockenwagner agree to the following with respect to the arbitration of any dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held in Los Angeles, California unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.
    This provision will survive termination of these Terms of Use or your right to access or use this Site. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.
    Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.

12. Trademarks and Copyrights.

    This Site and materials incorporated by Rockenwagner on this Site (“Material”) are protected by copyrights, patents, trade secrets or other proprietary rights (collectively, “Copyrights”). Some of the characters, logos, or other images incorporated by Rockenwagner on this Site are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by Rockenwagner or others (collectively, “Trademarks”). Rockenwagner respects the intellectual property rights of others and asks users of this Site to do the same.

13. Your Use of Material.

    Your right to make use of this Site and any Material or other content appearing on it is subject to your compliance with these Terms. Modification or use of the Material or any other content on this Site for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
    You may access and display Material and all other content displayed on this Site for non-commercial, personal use only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by Rockenwagner any authorization to copy Material granted by Rockenwagner in any part of this Site for any reason is restricted to making a single copy for non-commercial, personal use only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.

14. Product Specifications.

    We do our best to describe every product or service offered on this Site as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Site is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, Rockenwagner shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to our cancelling of your order, we will issue a credit to the same account used for your order in the amount of the charge. Additional terms may apply.

15. System Abuse.

    Without limitation, you agree not to send, create, or reply to so-called “mailbombs” (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent) or engage in “spamming” (i.e., unsolicited emailing for business or other purposes) or undertake any activity which may adversely affect the operation or enjoyment of this Site by any other person, including placing malware on the Site. You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Site. You may only use this Site and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material through this Site.

16. Security.

    Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password. Rockenwagner shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that Rockenwagner considers insecure, Rockenwagner will be entitled to require this to be changed and/or terminate your account.

17. Violation of Security Systems.

    You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Rockenwagnerreserves the right to release your details to system administrators at other sites, law enforcement, and/or governmental authorities in order to assist them in resolving security incidents.

18. Investigations.

    Rockenwagner reserves the right to investigate suspected violations of these Terms, including without limitation, any violation arising from any submission or emails you make or send. Rockenwagner may suspend any users whose conduct is under investigation and may remove such material from its servers, without notice, as it deems appropriate. If Rockenwagner believes, in its sole discretion, that a violation of these Terms has occurred, it may warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. Rockenwagner will fully cooperate with any law enforcement authorities or court order requesting or directing Rockenwagnerto disclose the identity of anyone believed to have violated these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF ROCKENWAGNER FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF ROCKENWAGNER DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF ROCKENWAGNER OR LAW ENFORCEMENT AUTHORITIES.

19. Service.

    In order to use this Site, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet, and/or other access devices).

20. Order Discrepancy Notification

    Notify us within 24 hours of delivery if there are any discrepancies with your order. If we do not receive communication regarding discrepancies within this 24-hour period, there will be no adjustments to your account you will be responsible for full payment of the invoice.

21. Delivery

    The customer agrees to allow Rockenwagner Drivers to deliver your wholesale orders to your location(s) without the need for a signature.

22. Changing Your Order.

    If you would like to change your standing order, please call, email or fax adjustments by 1 p.m. the day before. Customer Service will provide you with confirmation for Email adjustments. Please call to confirm receipt of any fax adjustment or email adjustment you have not received confirmation of.

23. Sales Policy.

    There is a $ 65.00 minimum order for delivery. Minimums for locations outside of the 10-mile radius of West Los Angeles/Culver City may require a higher minimum for delivery or necessitate a delivery fee. Please speak with your sales representative for additional details.

24. Purchases and Payment.

    We accept the following forms of Payment:

    - Visa

    - Mastercard

    - American Express

    - Discover

    - ACH

    You agree to pay a 1.5% processing fee  on all payments made by credit card or debit card. You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Services. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in US dollars.

    You agree to pay all charges at the prices then in effect for your purchases and any applicable delivery fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.

    We reserve the right to refuse any order placed through the Services. We may, in our sole discretion, limit or cancel quantities purchased per person, per location, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

    Any account that falls behind in payments may result in COD only deliveries or cancellation of account. There will be a $35.00 fee for any check returned unpaid. Rockenwagner reserves the right at any time to revoke any credit extended to Customer because of Customer’s failure to pay for goods when due or for any other reason deemed good and sufficient by it.

25. Reservation of Rights.

    Rockenwagner reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities, and services on this Site, with or without notice and/or to establish general guidelines and limitations on their use.

26. Local Regulations.

    Rockenwagner makes no representation that Materials or other content on the Site are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
    You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.

27. Third-Party Sites.

    This Site may link you to other sites on the Internet, including our payment and job search partners. You acknowledge that (whether or not such sites are affiliated in any way with Rockenwagner) Rockenwagner is not responsible for the accuracy, copyright compliance, privacy compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by Rockenwagner or any association with its operators.

28. Choice of Law.

    With the exception of Section 9 which will be construed in accordance with the FAA, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of California, as they are applied to agreements entered into and to be performed entirely within California, without giving effect or regard to any principles or doctrines of conflicts of law.

29. Notice for California Users.

    Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

30. How to Contact Us.

    This Site is controlled and operated by Rockenwagner located at 5462 West Adams Blvd., Los Angeles. CA 90016. Please forward any questions, comments or complaints about the Site to general@rockenwagner.com.

31. General.

    If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and Rockenwagner relating to the matters contained here and the Site.

32. Feedback.

    Rockenwagner is interested in hearing from you regarding your comments, feedback or input about our Site, products and services (“Feedback”). With respect to any Feedback you provide to Rockenwagner, you (and your successors and assigns) hereby grant to Rockenwagner a worldwide, transferable, non-exclusive, perpetual, irrevocable, royalty-free, fully paid up license: (a) to make, have made, use, display, copy, perform, modify, and create derivative works of, the Feedback; (b) to sell, offer to sell, supply or otherwise distribute (through multiple tiers of distribution) the whole or any part of the Feedback (and derivative works thereof) as part of Rockenwagner products and services; (c) to sublicense to third parties the foregoing rights, including the right to sublicense to further third parties, and (d) to import and otherwise exploit such Feedback for any purpose whatsoever.

33. Corrections

    There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

34. User Data.

    We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

35. Electronic Communications, Transactions,

    Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

    And Signatures.

36. Miscellaneous.

    You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.