PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS, INCLUDING DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.

  1. Your Agreement to Terms of Use. This website (this “Site”) is owned and operated by Arizona Mountain Vineyards, LLC (“Company”, “us”, “we”, “our”, or words of like meaning). This Site and the Content, Links, Third-Party Sites, and Third-Party Services (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and the terms and conditions of our Privacy Policy (collectively, these “Terms of Use”). 

THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND COMPANY. BY ACCESSING OR USING THIS SITE OR ANY CONTENT OR ANY THIRD-PARTY SITES OR BY CLICKING ON ANY LINKS OR BY ACCESSING, ACCEPTING, OR USING ANY THIRD-PARTY SERVICES, COMMUNICATIONS, OR THIRD-PARTY SERVICES IN CONNECTION WITH THIS SITE (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT TO AND IN FAVOUR OF COMPANY THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THIS SITE OR ANY CONTENT, COMMUNICATIONS, OR THIRD-PARTY SERVICES.

  1. Modifications. Company reserves the right (in its sole discretion) to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part,  at any time and from time to time. You should review these Terms of Use regularly. By accessing or using this Site or any Links, Third-Party Sites, or Third-Party Services after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using this Site and any and all Content, Links, Third-Party Sites, and Third-Party Services. NOTWITHSTANDING THE FOREGOING, FOR QUÉBEC CONSUMERS, when a Quebec consumer protection law applies, will be notified thirty (30) days before the entry into force of the modification of these Terms of Use. If they don’t agree with the changes, they can terminate the Agreement without charge, penalty or termination fee, by giving notice to Company no later than thirty (30) days after the effective date of the change, if the change results in an increase in the Quebec consumer’s obligation or a decrease in the Company’s obligation. 
  2. Minors. The Site is only accessible to users over the age of 18 and/or capable of entering binding contracts. Minors are forbidden to access and use the Site. When accessing the Site you represent and warrant that you are over the age of 18 and/or capable of entering binding contracts. 
  3. Content, Links, Third-Party Sites, and Third-Party Services. This Site contains content provided by Company and third parties (the “Content”) and forms or links (each, a “Link”) that direct you to websites of third parties (each, a “Third-Party Site”) that provide access to various products and services of third parties (“Third-Party Services”). To the maximum extent permitted by applicable law, Company does not represent or warrant this Site will be error free, or completely accurate or current at all times. Information on this Site could include inaccuracies or typographical errors. To the extent that any Content, Links, Third-Party Sites, or Third-Party Services is current as of the date of first publication, it may no longer be accurate as a result of the passage of time. No one should act, or not act, on the sole basis of the Content, Links, or Third-Party Sites.
  4. Your Content. This Site may allow for you to share, upload, or provide content to this Site (“Your Content”). By uploading or providing Your Content to this Site, you represent and warrant to and in favour of Company that you have all necessary rights and licences to do so. Company reserves the right to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content. 
  5. Your Publicly Shared Content. Your Content, other than your personal information, is referred to herein as “Your Publicly Shared Content”. You acknowledge and agree that Your Publicly Shared Content is public. By uploading or providing Your Publicly Shared Content to this Site, you automatically grant Company a non-exclusive, royalty-free, irrevocable, sub-licensable, perpetual, worldwide right and licence to use, copy, modify, display, and publish Your Publicly Shared Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Publicly Shared Content (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that Company may assign, transfer, or sub-license Your Licence to any person, including its affiliates and successors, without any further approval by you. 
  6. Prohibited Content.  You agree to not post, provide, or upload any of Your Content to this Site that:
    1. contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
    2. is obscene, pornographic, violent, or that otherwise may offend human dignity;
    3. is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
    4. is inaccurate, incomplete, or misleading or includes advice or guidance that is negligent or fraudulent;
    5. encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
    6. is defamatory or libellous;
    7. unless and only to the extent otherwise expressly provided in any other agreement between you and Company, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
    8. involves the transmission of “junk” mail or “spam”;
    9. contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from Company or otherwise;
    10. itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or
    11. shows another person if such Content was created or distributed without that person’s express consent.
  7. Permitted Uses. You may access and use this Site and the Content only in accordance with these Terms of Use and applicable law. Unless and only to the extent otherwise expressly provided in any other agreement between you and Company, subject to these Terms of Use, Company grants to you a non-exclusive, non-transferable, revocable right and licence to access and use this Site and the Content only to display on your own computer or mobile device for your own personal non-commercial use, provided that the Content is not modified or altered or disclosed to others in any way whatsoever (“Permitted Uses”). By accessing or using this Site or any other Company Property (as defined herein) or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to this Site or any other Company Property. All rights not expressly granted by Company are expressly reserved by Company.
  8. Linking and Third-Party Sites. You acknowledge and agree that:
    1. Links and Third-Party Sites and the content of, and Third-Party Services accessible by, Links and Third-Party Sites are not provided by, nor is any of it under the control of, Company; 
    2. Company does not endorse any content of, or Third-Party Services accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any Third-Party Services advertised thereon or accessible thereby; and
    3. if you choose to access a Third-Party Site or any Third-Party Services, you do so entirely at your own risk and liability. 
  9. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of Company, including Arizona Mountain Vineyards and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by Company are trademarks of Company or its affiliates (the “Company Marks”). Other trademarks, service marks, graphics, and logos used in connection with Company Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including Company Marks, or any use thereof.
  10. Company Property.
    1. “Company Property” means this Site and any and all related: (i) Content and Company Marks; (ii) logos, designs, graphics, images, downloadable content, Intellectual property, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works (iv) musical works, performances, and other sounds; (v) videos and all audio-visual works; (vi) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vii) software, including scripts and program code that may execute on this Site’s servers or that may be embedded or downloadable from individual web pages on this Site; (viii) the look and feel, architecture, interface, templates, layout, and web pages of this Site; and (ix) intellectual property rights in any of the foregoing. 
    2. You acknowledge and agree that all Company Property is protected by copyright and owned by, or licensed to, Company and contains proprietary information and material that owned by Company or its affiliates or their respective licensors, and is protected by applicable law, including copyright law. Any and all copyrights in and to any Company Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by Company and its affiliates and/or their respective licensors, who in each case reserve all their rights in law and equity.
    3. The use of any software or any part of Company Property, except as expressly permitted pursuant to these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of Company and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement. 
    4. Notwithstanding any other provision of these Terms of Use, Company and its licensors reserve the right to change, suspend, remove, or disable access to any Company Property at any time without notice. You acknowledge and agree that, in no event will Company be liable for making any such changes. Company may also impose limits on the use of or access to certain features or portions of Company Property, in any case and without notice or liability.
  11. Prohibited Activities. You may not access this Site or any other Company Property or any Links, Third-Party Sites, or Third-Party Services in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in any other agreement between you and Company, you will not access or use any Company Property or any Links, Third-Party Sites, or Third-Party Services for any purpose that is outside the scope of the Permitted Uses or that violates the rights of Company, any Company personnel, or any other person. Without limiting the foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
    1. access or use any portion of this Site or other Company Property or any Links, Third-Party Sites, or Third-Party Services that is not expressly authorized for use by you; 
    2. exploit any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part), including by trespass or burdening network capacity;
    3. reproduce any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) in any form or by any means;
    4. make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part);
    5. create derivative works of, modify, translate, select, arrange, merge, compile, or otherwise combine with other data or other content or frame from or on another website any Company Property (in whole or in part);
    6. scrape, whether by way of screen scraping or database scraping, any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part), whether by an automatic program or a manual process;
    7. sell, licence, sublicence, transfer, rent, lease, or loan any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) or any reproduction of all or any portion thereof in any medium;
    8. decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part), its architecture or the underlying software or code; 
    9. dilute, tarnish, or otherwise harm the Company brand or reputation in any way, including through unauthorized use of any Company Property or any Links, Third-Party Sites, or Third-Party Services, registering or using Company Marks or Company names (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to Company’s domains, trademarks, taglines, promotional campaigns, or any other Company Property;
    10. access or use this Site or any other Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
    11. access or use this Site or any other Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) for any purpose that violates the rights of Company or any other Person;
    12. access or use this Site or any Company Property or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of Company, a partnership with Company, or otherwise misleads others as to your affiliation or relationship with Company;
    13. use this Site or any Links, Third-Party Sites, or Third-Party Services (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
    14. copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of this Site in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
    15. discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behavior;
    16. avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by Company or any person for or on behalf of Company to protect this Site or any Links, Third-Party Sites, or Third-Party Services;
    17. take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of this Site or any Links, Third-Party Sites, or Third-Party Services or any associated software; or
    18. violate or infringe any person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
  12. Privacy. For information about how Company collects, uses, and shares your personal information, please review our Privacy Policy.
  13. DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:

FOR QUÉBEC CUSTOMERS, THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW.

  1. THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, AND THIRD-PARTY SERVICES ARE PROVIDED “AS IS” AND ON A “WITH ALL FAULTS” BASIS WITHOUT WARRANTY OR CONDITION OF ANY KIND WHATSOEVER; 
  2. ACCESS TO, AND USE OF, THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, AND THIRD-PARTY SERVICES IS ENTIRELY AT YOUR OWN RISK AND LIABILITY; 
  3. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, AND THIRD-PARTY SERVICES,  INCLUDING LIABILITY FOR PROFESSIONAL NEGLIGENCE OF THIRD PARTIES AND IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THIS SITE OR THE CONTENT OR ANY THIRD-PARTY SERVICE WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE; 
  4. COMPANY DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS; 
  5. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY THIRD-PARTY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THIS SITE AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, AND THIRD-PARTY SERVICES; AND 
  6. COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEM OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND COMPANY OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THIS SITE OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY MATERIALS. 
  1. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate this Site or any Content, Links, Third-Party Sites, or Third-Party Services (in whole or in part) or to undermine the legitimate operation of this Site or any Content, Links, Third-Party Sites, or Third-Party Services (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, Company reserves the right to seek damages from you to the maximum extent permitted by law.
  2. Indemnity. You agree to indemnify, defend, and hold harmless Company and its affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
    1. any breach by you or on your behalf of these Terms of Use or any of your obligations pursuant to or in connection with these Terms of Use; 
    2. Your Content;
    3. your reliance upon or any use of or any actions or omissions by you in reliance upon this Site or any Content, Links, Third-Party Sites, or Third-Party Services (in whole or in part);
    4. any loss of, damage to, or destruction of Company Property or the property of any other person, including any Links, Third-Party Sites, or Third-Party Services, to the extent that said loss, damage or destruction is caused by you or someone for whom you are responsible at law; 
    5. personal injury (including death) in connection with this Site or any Content, Links, Third-Party Sites, or Third-Party Services to the extent caused by you; or
    6. your negligence, fraud, or criminal, willful, or intentional misconduct.
  3. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, NOTWITHSTANDING ANY OTHER PROVISION OF THESE TERMS OF USE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY OR ANY COMPANY PERSONNEL BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT COMPANY OR ANY COMPANY PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THIS SITE OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES. 

FOR QUÉBEC CUSTOMERS, THIS SECTION DOES NOT AFFECT THE LEGAL WARRANTY PROVIDED FOR UNDER QUÉBEC LAW.

  1. Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by applicable law:
    1. your compliance with your obligations pursuant to these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of Company and its affiliates and third parties;
    2. your breach of any such obligations may give rise to irreparable harm or injury to Company that will not be adequately compensable with monetary damages; 
    3. Company may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
    4. notwithstanding that damages may be readily quantifiable; you will not plead sufficiency of damages as a defence in any such proceeding.
  2. Entire Agreement. These Terms of Use, together with our Privacy Policy, constitute the entire agreement between Company and you pertaining to the subject matter thereof and supersede all prior communications, proposals, agreements, or understandings, whether electronic, oral, or written, between you and Company with respect to this Site or any Content or any other Company Property or any Links, Third-Party Sites, or Third-Party Services. Except as and only to the extent otherwise expressly provided in these Terms of Use, there are no representations, warranties, conditions, other agreements, or acknowledgements, whether direct or collateral, express or implied, that form part of or affect these Terms of Use. 
  3. Headings. The division of these Terms of Use into Articles and Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “these Terms of Use”, “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Article, Section or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Articles and Sections are to Articles and Sections of these Terms of Use.
  4. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
  5. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
  6. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of Company. Company may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.
  7. Waiver. The waiver by Company of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of Company to exercise or avail itself of any of its rights, remedies, powers, or privileges cannot be interpreted as a waiver of any succeeding breach of the same or any other provision of these Terms of Use. 
  8. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction. 
  9. Relationship. Nothing in these Terms of Use or your use of this Site or any Content, Links, Third-Party Sites, or Third-Party Services will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
  10. No Third-Party Rights. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than Company and you.
  11. Governing Law. The interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use, or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the State of Arizona, and the Federal Laws of the United States of America, applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any Company office or any Company personnel with whom you may communicate or deal. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any transactions conducted pursuant to this Site. This Site and the Content, Links, Third-Party Sites, and Third-Party Services are intended for use only in jurisdictions where they may be lawfully provided for use. NOTWITHSTANDING THE FOREGOING, FOR QUÉBEC CONSUMERS USING THE SITE the laws of Quebec and the federal laws of Canada applicable therein shall govern these Terms of Use.
  12. Arbitration. Any claim or controversy arising out of or relating to these Terms of Use, including the formation, interpretation, breach, or termination thereof, including whether the claims asserted are arbitrable, and/or the use of the Site, will be referred to and finally determined by binding arbitration in accordance with the JAMS International Arbitration Rules. Arbitration hereunder shall be conducted by one neutral arbitrator appointed by JAMS. The place of arbitration shall be Phoenix, Arizona. The language to be used in the arbitral proceedings will be English. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.   In no event shall the arbitrator have any authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute.  Irrespective of the outcome of arbitration, each party shall bear its own costs and expenses, including its own attorneys’ fees, and an equal share of the arbitrator’s fees and administrative fees of arbitration. The arbitrator(s) shall not determine or award any alternative allocation of costs and expenses, including any attorneys’ fees. Persons who choose to access this Site from other countries outside of the United States do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site, Terms of Use, or Privacy Policy must be filed within one (1) year after such claim or cause of action arose or be forever barred. NOTWITHSTANDING THE FOREGOING, FOR ONTARIO, ALBERTA, AND QUÉBEC CONSUMERS USING THE SITE, any claims or controversies may be resolved before the applicable court located in their province.
  13. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 
  14. Contact Us. If you have any questions regarding these Terms of Use, please contact us using the contact form on this website.