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This agreement (the "Terms and Conditions") is a legally binding agreement between you and Tropa Tequilla, LLC, its affiliates, and its and their respective parents and subsidiaries (individually and collectively, "Company," "we," "our" or "us"), and governs your access to and use of the URL, https://www.tropatequila.com (the "Site") and other Company websites, social media pages, accounts, and mobile applications owned by or licensed to us (collectively, the "Sites"), any order you place through the Site and, as applicable, your use of the products you purchase. Through use of the Site, we provide an opportunity to buy tequila and related products from Licensed Retailers in their respective states (collectively the "Services"). The sale and delivery of orders purchased by you may be executed and fulfilled by licensed third-party entities that hold valid licenses issued by state alcohol beverage agencies allowing for the legal sale of alcohol (the "Licensed Retailers" or "Licensed Retailer"). The Sites are directed to adults aged 21 or older and you must be at least 21 years of age to make a purchase through the Sites and to receive delivery of the products purchased, and a valid government-issued ID will be required upon delivery.
If you use the Sites, you represent and warrant that you are at least twenty-one (21) years of age. In no event shall you use the Sites, the Services, make a purchase or purchase a gift for someone else if you are under the age of 21, nor may you do any of the foregoing activities for the benefit, or on behalf, of any person under the age of 21. We may refuse to register any person, or service any order at any time, in our sole discretion. By using the Sites, including, without limitation, by participating in the Services, you hereby agree to the terms and conditions set forth below (the "Terms and Conditions"). IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE THE WEBSITE, DO NOT PLACE AN ORDER, AND DO NOT USE ANY PRODUCTS. THESE TERMS AND CONDITIONS INCLUDE A MANDATORY ARBITRATION AGREEMENT, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY CLAIM AGAINST US TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEEDING IN COURT. THE ARBITRATION AGREEMENT ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY CLAIM INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION.
Our role in the transactions contemplated by these Terms and Conditions is that of a marketer and service provider that enables you, the consumer, to purchase alcohol and related products from Licensed Retailers, and to participate in the Services and/or any other product offers offered on the Sites. You acknowledge that all orders of alcohol and related products you place through the use of the Sites are processed and fulfilled by such Licensed Retailers, as the actual sellers of alcohol, and not by us. Any alcohol you purchase through the use of the Sites from the Licensed Retailers must be for personal consumption only and not for resale. In the unlikely event that a particular alcohol is unavailable at time of shipping, the Licensed Retailer may substitute another product of similar style and of equal or greater value in your shipment.
As part of the Services available to you, you will have the opportunity to purchase alcohol from Licensed Retailers such as LiquorNearMe.com.
All orders are fulfilled by licensed retailers which sell alcoholic beverages. Neither those licensed retailers nor LiquorNearMe sell alcohol to persons under the age of 21. By using this site you swear and affirm and represent to us that you are over the legal age required to buy alcoholic beverages and products and You are purchasing solely for (i) self consumption or (ii) gifting to a person in the U.S. who is at least 21 years old.
You also affirm that the state in which you are ordering and the state to which you are asking us to deliver permit the sale and delivery. We will rely upon the foregoing representations, and if we are held liable in the event that your representations are not true, and in such case, you hereby agree to indemnify us and/or reimburse us and the retailer(s) that sold the alcohol products and be responsible for all costs, expenses (including legal fees) and damages we and the retailer(s) suffer or incur.
All orders placed on the LiquorNearMe.com site are subject to acceptance and shipment by a licensed liquor retail store in the LiquorNearMe network, and no order is deemed to be accepted by such licensed liquor store until the order is shipped by the retailer.
Pursuant to applicable laws and regulations, the liquor store may refuse to accept or fulfill your order for any reason, including, among others, the occurrence of a technological mistake or "glitch" in the transmission of pricing to the customer over the LiquorNearMe.com site.
Therefore, no contractual or other obligation to sell and ship the bottle(s) ordered via the LiquorNearMe.com platform attaches or is final or binding on the licensed retailer unless and until a licensed retailer accepts and ships the order to you (or the intended recipient), even if your credit or debit card is authorized or actually charged at the time of order placement or thereafter; in the event of that situation, the customer's credit or debit card shall be credited back in full. Similarly, in that situation, you will not be responsible for the payment, nor will LiquorNearMe or the licensed retailer be responsible for providing any further compensation to you or any other party (other than the credit for the amount charged to your customer's card).
LiquorNearMe.com is owned and operated by LNM Marketing Co, LLC., (doing business as "LiquorNearMe"). By using the site, you agree to be bound by these Terms of Service, and all the terms, conditions, disclaimers and limitations that appear or are made available to you by LiquorNearMe.com (for example, in connection with special offers or promotions), as they may be amended from time to time.
LiquorNearMe’s customer service team is available during business hours, Monday through Friday from 9AM to 5PM Pacific Time, to assist you with any inquiries or concerns you may have regarding your order. Please don't hesitate to reach out to LiquorNearMe via email at hello@tropatequila.com.
Upon order placement, you'll receive an order confirmation email from LiquorNearMe with all the details of your order. However, please be aware that order fulfillment is contingent upon product availability. Also, please note that we do NOT ship to any PO Box locations. Although we try our best to fulfill your order within 1-3 business days, please note that there are certain circumstances out of our control that may delay your order.
Please note that products may be shipped from our various locations. You will receive a tracking number or possible numerous tracking numbers to monitor your package's journey. Please ensure accuracy and completeness of your address details to avoid any complications during shipment.
Please note that due to alcohol shipment regulations, once the carrier has your package, we can no longer change the address. If you decide to put your package on hold at a nearby carrier store, it will be the customer's responsibility to check with the carrier store that they accept alcohol shipments to hold.
If a product is returned to LiquorNearMe, you will receive a refund for the product only. Please note that shipping charges will not be refunded. Additionally, a restocking fee of 10% and a return fee of $15 may apply.
We understand that circumstances may arise which necessitate the cancellation of an order. Customers have up to 24 hours from the time of order placement to cancel their orders free of charge through LiquorNearMe. However, after the initial 24-hour period, cancellations may be subject to a 5% restocking fee. This fee covers any costs incurred in preparing the order for shipment and ensuring its timely processing.
We strive to accommodate our customers to the best of our ability, and we appreciate your understanding of our cancellation policy. If you wish to cancel your order, please contact LiquorNearMe customer service team as soon as possible to initiate the process.
We understand the importance of ensuring your purchases arrive safely and securely. That's why we offer a Protection Policy at checkout, automatically included. The protection component of this fee is designed to safeguard your order against any potential damage or loss during transit.
We take great care to package your items securely, but in the rare event of mishandling by the carrier or other unforeseen circumstances, this protection ensures that you are covered. The handling fee covers the costs associated with the careful handling and processing of your order, including packaging materials, labor, and other related expenses.
By including the Protection Policy in our service fee, we aim to provide peace of mind to our customers, knowing that their purchases are protected throughout the shipping process.
Our Package Protection service safeguards your order against loss, theft, or damage caused by the carrier after confirming these options with them. In the event of damage during the receipt of your order, the Package Protection company does require pictures and proof for possible reimbursement. Once proof is provided, we promptly collaborate with the company to address any issues. Like any other protection companies, please allow us 2-4 weeks for resolution.
Please be aware that damage to the box or seal caused by our protective packaging materials is not covered under our protection policy. Our primary intention is to ensure the safety of the bottle and its contents inside.
Leakage of any ceramic bottles is not covered under our protection policy. Handmade ceramic bottles may exhibit variations, which can increase the likelihood of leakage during transit. While we take precautions to minimize this risk, it's important to understand that these variations are inherent to handmade items and are not covered under our protection policy.
In the event of leakage from bottles other than ceramic ones, please note that a full refund is not guaranteed. However, we understand the inconvenience this may cause and can offer some reimbursement for the affected items.
Orders damaged during transit that were insured with our partner must send photos of the damaged goods within 24 hours of arrival to hello@tropatequila.com. If this is not done, the coverage may not be honored.
If you register your Account or make a purchase through the Site, you agree to receive transactional and promotional emails from us. These emails may include, but are not limited to, tasting notes or recipes, promotional offers, subscription information or other offers. We will never rent, sell or share your email address except to the limited extent set forth in the privacy policy or otherwise in these Terms and Conditions.
If you enroll in our SMS Alert and Notification Services, you will be subscribed to receive text messages from us containing shipment status details about your orders. Message frequency depends upon your account activity and number of purchases. SMS messaging is not available in all areas. Not all mobile devices or handsets may be supported. The Company and the mobile carriers are not liable for delayed or undelivered messages.
We do not charge a separate fee for this service; however standard message and data rates may apply from your mobile carrier. Text messages sent to your mobile phone are subject to the terms and conditions of your mobile carrier. By providing your consent to participate in this service, you approve any charges imposed by your mobile carrier. Charges for text messages may appear on your mobile phone bill or be deducted from your prepaid balance.
To stop receiving text messages, text STOP, STOP ALL, UNSUBSCRIBE, CANCEL, END or QUIT to 49830. You may also unsubscribe from our SMS Alert and Notification Service under your account settings.
For help or information on our SMS Alert and Notification Service, send “HELP” to 49830.
These Terms and Conditions and our privacy policy, and any other terms or agreements that may be posted on the Sites (as may be amended from time to time) contain the entire agreement between you and us relating to the Sites and your use of the Sites, and supersede any previous agreements, arrangements, undertakings or proposals, written or oral, between you and us in relation to such matters. No oral explanation or oral information shall alter the interpretation of our agreement. You confirm that, in agreeing to accept these Terms and Conditions and privacy policy, you have not relied on any representation except insofar as the same has expressly been made a representation in these agreements, and you agree that you shall have no remedy in respect of any representation which has not become a term of these agreements.
We may modify these Terms and Conditions at any time, at our sole discretion, without specific notice to you provided, however, that (a) any amendment or modification to the provisions applicable to dispute resolution shall not apply to any disputes incurred prior to the applicable amendment or modification; and (b) any amendment or modification to pricing and/or billing provisions shall not apply to any charges incurred prior to the applicable amendment or modification (as the Terms and Conditions in effect at the time of the subject dispute or incurred changes shall govern, as applicable). The latest version of these Terms and Conditions will be posted to the Site, and you should review these Terms and Conditions prior to using the Sites. Any such changes to these Terms and Conditions will become effective immediately and your continued use of the Sites and your Account following such notification will be deemed confirmation of your acceptance of such changes. You will not be eligible for any compensation because you cannot use any part of the Sites or because of a failure, suspension or withdrawal of all or part of the Sites.
You hereby agree that you are solely responsible for your conduct in connection with your use of the Sites and for any and all acts and omissions that occur under your Account or password. In connection with your use of the Sites, you further agree not to engage in any of the following prohibited activities: (a) create an Account or make any purchase if you are under twenty-one (21) years of age; (b) interfere with or inhibit the use of the Sites by other users; (c) use the Sites for commercial purposes for yourself and/or third parties (for example, by selling, or attempting to sell, your purchases to others, etc.); (d) create an Account using a false identity, alter-ego, by impersonating a third party, or creating any other false account; (e) interfere with, disrupt or attempt to gain unauthorized access to other Accounts on the Sites or any other computer network; (f) copy, reverse engineer, or attempt to derive the source code of any part of the Sites; (g) post any comment or product review on the Sites or Social Media Pages that is private, libelous, harassing, abusive, obscene, vulgar, sexually explicit, or inappropriate with respect to race, gender, sexuality, ethnicity, or other intrinsic characteristic, or is unrelated to our products or services or is clearly false or misleading; (h) disseminate or transmit files, graphics, software or other material that actually or potentially infringes the copyright, trademark, patent, trade secret or other intellectual property of any person; (i) disseminate or transmit viruses, Trojan Horses, or any other malicious code or program; or (j) use the Sites in a manner or engage in any other activity that would violate any of the terms and conditions contained in these Terms and Conditions or any applicable laws. Violation of the foregoing restrictions will result in immediate termination of your Account, and may potentially subject you to further liability. We may investigate any reported violation of these Terms and Conditions and take any action that we deem appropriate. Such action may include, but is not limited to, issuing warnings, closing your Account, suspending future shipments, unilaterally removing posted content and/or reporting any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties.
We grant you the limited right to access and make use of the Sites as a user. The Sites, including, without limitation, all text, graphics, images, logos, software, trademarks, service marks and trade names incorporated in the Sites (the "Content") are owned by or licensed to us. Unless authorized in writing and in advance by us 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 and Conditions shall be construed to convey any property right in or license to the Content unless expressly provided to the contrary.
You may have contact or other interaction with third parties by clicking third-party links on our Sites and being directed to third-party websites (the "Third-Party Servicers"). You acknowledge and agree that you are proceeding at your own risk and any such Third-Party Servicers are not under our control. We shall be in no way responsible or liable for any acts, omissions, breaches, representations or warranties made by any such Third-Party Servicers, or for any losses, injuries, or other damages you incur in connection with your contact or other interaction with them, including the content on, or the privacy practices of, such Third-Party Servicers. If you visit the website of, or submit information to, any Third-Party Servicer, your visit and the information you submit are governed by the privacy statement of that Third-Party Servicer. We encourage you to carefully read the privacy statements of any website you visit.
THE 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 TO THE EXTENT PERMITTED BY LAW. YOUR USE OF THE SITES IS SOLELY AT YOUR OWN RISK.
THE PRODUCTS AND SERVICES OFFERED THROUGH THE SITES ARE PROVIDED "AS IS," "AS AVAILABLE," AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, THE IMPLIED WARRANTY 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 EXPRESS DISCLAIMED TO THE EXTENT PERMITTED BY LAW PROVIDED, HOWEVER, THAT THIS DISCLAIMER OF WARRANTIES IS NOT APPLICABLE TO RESIDENTS OF THE SATE OF NEW JERSEY.
YOU ALSO HEREBY WAIVE ALL RIGHTS UNDER CALIFORNIA CIVIL CODE SECTION 1542, IF APPLICABLE, WHICH PROVIDES THAT A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS FOR WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM AT SUCH TIME, MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
We strive to provide complete, accurate, up-to-date information on our Sites. Unfortunately, despite those efforts, human or technological errors may occur. For example, our Sites may contain typographical errors, 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 Sites.
We reserve the right to investigate complaints we may receive in connection with your use of the Sites, your Account, or placement of orders of alcohol or gifts. Without limiting the generality of the foregoing, we may report any suspected illegal activity to law enforcement officials and regulatory bodies, and in doing so, may disclose any relevant information to such officials and/or regulators, including, without limitation, your PII, IP address(es), and your Sites usage history as provided in our privacy policy.
The agreement contained in these Terms and Conditions is effective upon your acceptance as set forth herein, and shall continue in full force and effect until terminated. We may suspend or terminate the agreement or the Services, including future shipments, or remove or disable access to any portion of the Services or the Sites at any time and for any reason with or without cause or notice to you. You may terminate your Account at any time for any reason by emailing hello@tropatequila.com. We reserve the right to collect fees and charges incurred before you cancel your Account.
You agree to indemnify, defend and hold the Company and its employees, officers, members, directors, agents, representatives, affiliates, service partners, Licensed Retailers, licensors, successors and assigns harmless 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 in any way attributable to: (i) your use of the Sites; (ii) anything you post to the Sites; (iii) your violation of these Terms and Conditions; (iv) your violation of the rights of any third parties; and/or (v) use of the Sites or your Account by any other person accessing the Sites using your computer or Internet access account.
TO THE EXTENT PERMITTED BY LAW, AND EXCEPT WITH RESPECT TO RESIDENTS OF THE STATE OF NEW JERSEY, 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, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITES, YOUR PLACEMENT OR DELIVERY OF ORDERS OF ALCOHOL, MEMBERSHIPS OR GIFTS, OR YOUR USE OF THE PRODUCTS OR SERVICES OFFERED THROUGH THE SITES EVEN IF THE COMPANY HAS KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES.
These Terms and Conditions, the privacy policy, and all issues collateral thereto shall be governed and construed in accordance with the laws of the State of California pertaining to contracts made and to be performed entirely therein and without regard to its conflict of laws principles.
WHEN YOU AGREE TO THESE TERMS AND CONDITIONS, YOU ARE AGREEING TO A DISPUTE RESOLUTION POLICY THAT INCLUDES (1) A REQUIREMENT TO ARBITRATE ANY CLAIM, DISPUTE OR CONTROVERSY, INCLUDING ALL STATUTORY CLAIMS AND ANY STATE OR FEDERAL CLAIMS, THAT MAY ARISE OUT OF OR RELATE TO THESE TERMS AND CONDITIONS, OUR PRIVACY POLICY OR YOUR USE OF THE SITES OR ANY PRODUCT OR SERVICE PROVIDED THROUGH THE SITES; AND (2) A WAIVER OF ANY RIGHT TO BRING A CLASS ACTION OR PRIVATE ATTORNEY GENERAL CLAIM. BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION, TRIAL BY JURY, OR ADMINISTRATIVE PROCEEDING, IN ORDER TO SETTLE YOUR DISPUTE.
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 thirty (30) days after one of us notifies the other in writing of a dispute. The parties shall attempt to resolve any controversy or claim arising out of, or relating to, any provision of the agreement or the breach thereof by good faith negotiations between the parties.
If you and we are unable to resolve our dispute by talking to each other, you and we each agree that, to the fullest extent permitted by law, any controversy or claim arising out of or relating to our relationship, either the Terms and Conditions or the privacy policy (including any dispute as to their breach, termination, enforcement, interpretation or validity), the Sites or any product or service provided under or in connection with our relationship that is not resolved will be resolved exclusively by final and binding arbitration before one arbitrator in the county of Los Angeles, California under the rules of the American Arbitration Association then in effect. The prevailing party, as determined by the arbitrator, shall be entitled to collect its reasonable costs, expenses, and interest (including reasonable attorneys' fees, arbitration fees, and other such costs). EACH PARTY UNDERSTANDS THAT BY AGREEING TO THIS BINDING ARBITRATION PROVISION, BOTH PARTIES GIVE UP THEIR RESPECTIVE RIGHTS TO TRIAL BY JURY. You have a right to hire an attorney, at your own cost, to represent you in arbitration. 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, including any award of costs, expenses or interest, shall provide a concise written statement of the essential findings and conclusions upon which it is based. Notwithstanding any provision in these Terms and Conditions to the contrary, we agree that if we make any future material change to this arbitration agreement, it will not apply to any individual claim(s) of which you had already provided notice to us.
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, local fulfillment retailers, licensors, officers, directors, members, agents, employees, representatives, affiliates and predecessors. 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 provision that it may find to be unenforceable, except for the prohibition on class, representative or private attorney general arbitration.
Notwithstanding any of the foregoing, if we are suffering irreparable harm arising out of or related to your use of the Sites, we are not precluded from bringing an action or claim with respect thereto before the appropriate federal or state court located in the county of Los Angeles, California, and you consent to personal and subject matter jurisdiction of such court related to any such action or claim.
Residents of California who use the Sites are entitled to know there are no charges to the consumer for use of our Sites, other than the cost of any products or services purchased therein and any applicable taxes, shipping fees, and other charges associated with such purchases. Unless otherwise stated, these charges appear for each purchase on the order confirmation pages relating to each purchase and e-mailed to the consumer after purchase. We reserve the right to change our pricing. You may contact us to resolve a complaint regarding any aspect of our service at any time via email at hello@tropatequila.com.
These Terms and Conditions are personal to you and your Account. You may not assign these Terms and Conditions without our prior written consent. We may assign any of our rights and delegate any of our duties hereunder at any time, without your consent, at our sole discretion. These Terms and Conditions and the privacy policy will inure to the benefit of our successors, assigns and licensors.
Neither the Company nor any service provider, including but not limited to Licensed Retailers, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates , shall be liable for performance of its obligations under these Terms and 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, (iii) the unavailability, failure or interruption of the Internet; or (iv) any other circumstances beyond the reasonable control of the Company or its service providers including but not limited to Licensed Retailers, service partners, local fulfillment retailers, licensors, licensees, officers, directors, members, agents, employees, representatives or affiliates.
Any waiver or failure to enforce any provision of these Terms and Conditions on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
In the event that any provision of these Terms and Conditions is declared void or unenforceable, such provision shall be deemed severed from these Terms and Conditions, and these Terms and Conditions shall otherwise remain in full force and effect unless its purpose cannot be effected absent the severed provision.
These Terms and Conditions and the privacy policy constitute the entire agreement between you and us with respect to the subject matter hereof, and supersede all prior agreements, whether written or oral.