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Terms

Welcome to the VENIN ROYALE website – VENINROYALE.com. Please read these terms and conditions carefully. By your use of this website, you agree to be bound by and comply with the terms and conditions below. These terms and conditions are subject to change without notice, from time to time in our sole discretion. We will notify you of amendments to these terms and conditions by posting them to this website. If you do not agree with these terms and conditions, please do not access this website.

Disclaimer of Warranty
All content, materials, products, services and information made available on or through this website are provided on an “as is” and “as available” basis, without representations or warranties of any kind, either express or implied.

Limitation of Liability
You agree that, except as otherwise provided under applicable laws, neither VENIN ROYALE nor its affiliates, nor the directors, officers, employees, agents, contractors, successors or assigns of each, shall be liable for any damages whatsoever arising out of or related to the use of, or inability to use, this website or any other website linked to this website. This waiver of liability applies to direct, indirect, incidental, consequential, special, punitive, exemplary or other damages you or others may suffer, as well as damages for lost profits, business interruption or the loss of data or information, even if VENIN ROYALE is notified in advance of the potential for any such damages and regardless of the form of action, whether in contract, tort, warranty, strict liability or otherwise.

Trademarks and Copyrights
You agree that all content appearing on the website including, but not limited to, code, trademarks, service marks, trade names, graphics, images, text, audio clips, button icons, digital downloads, data compilations and computer software, are the sole property of VENIN ROYALE LLC or its partners and suppliers, and protected by United States and international copyright laws. The compilation of all content on this website is the exclusive property of VENIN ROYALE and protected by United States and international copyright laws. All software used on this site is the property of VENIN ROYALE or its software suppliers and protected by United States and international copyright laws. Users are granted permission to browse and use the VENIN ROYALE website for its intended purpose, which is for your retail use only as a consumer. Any other use, including and not limited to the reproduction, duplication, modification, distribution, sale, transmission, republication, removal, deletion, addition, framing, display, or performance of the content on this website or the exploitation in any other manner of any of the content of this website, in part or in whole, is strictly prohibited. Except as expressly authorized in writing, the use or misuse of any trademarks, service marks, trade names, logos, text, images, graphics, intellectual property or content from this website is strictly prohibited.

VENIN ROYALE does not grant, by implication or otherwise, any license or right to use any trademark, service mark, trade name or logo, or the content displayed on this website, without the prior written consent of VENIN ROYALE. VENIN ROYALE prohibits use of the VENIN ROYALE logo or other proprietary graphic or trademark as a link to any website unless creating such a link is approved in advance by VENIN ROYALE in writing. Registered and unregistered proprietary information is owned and held by VENIN ROYALE and its licensors and therefore, you may be liable for infringement or misappropriation or other legal action to the fullest extent of the law if you misuse this website in any form either mentioned or unmentioned.

Third Party Websites
You agree that VENIN ROYALE encourages you to exercise discretion browsing the internet. Our website, products or services may direct you to sites containing information that some people may find offensive or inappropriate. Any such link is provided solely as a convenience to you. VENIN ROYALE makes no representation or warranty about the legality of any third party website. Any such website is independent from VENIN ROYALE, and VENIN ROYALE has no control over, or responsibility with respect to, the information provided or activities undertaken by any such website. A link between VENIN ROYALE and another website further does not mean that VENIN ROYALE endorses, recommends, sponsors or approves that website. Linking to off-site pages is done at your own risk, requiring you to make your own independent decisions regarding your interactions or communications with any other website. VENIN ROYALE expressly disclaims any responsibility or liability for any damage, loss, or injury arising out of the activities of any third party, the goods or services offered or the content displayed by any of such third party not under the VENIN ROYALE domain.

Use Restrictions
This website is for your personal, non-commercial use only (except for product purchases). You agree that you will not use this website for any commercial or political purpose including, but not limited to, advertising, soliciting funds, collecting product prices or selling products; to monitor, gather or copy content on this website by using any robot, “bot”, spider, crawler, spyware, engine, device, software, extraction tool, or any other automatic device, utility, or manual process of any kind; to frame or utilize framing techniques to enclose any trademark or other proprietary information including, but not limited to, any images, text, or page layout; use any meta tags or any other “hidden text” utilizing VENIN ROYALE’s name or any trademarks; to engage in any activity that interferes with a user’s access to this website or the proper operation of this website. You may not modify, reproduce, duplicate, copy, distribute, sell, resell, publish, license, visit or otherwise exploit this website for any commercial purpose. you also agree that in using this website, you will not impersonate any person or entity.

Unlawful Conduct
You agree that you are prohibited from posting or transmitting to the VENIN ROYALE website any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic or profane material, or any other material that could give rise to any civil or criminal liability under the law, as well as anything in contravention of these terms and conditions. VENIN ROYALE reserves the right to seek all remedies available at law and in equity for violations of these terms and conditions, including the right to block access from a particular internet address to this website.

Termination of Use of this Website
You agree that any unauthorized use of this website, content materials and intellectual property or any fraudulent, abusive or otherwise illegal activity shall be grounds for termination of your right to access, browse and use this website. VENIN ROYALE reserves the right to terminate or suspend your access to this website and its content and use at any time, with or without notice at VENIN ROYALE’s discretion.

Product Descriptions
VENIN ROYALE attempts to be as accurate as possible. However, VENIN ROYALE does not warrant that product descriptions or other content of this website is accurate, complete, reliable, current or error free. If a product offered by VENIN ROYALE is not as described, your sole remedy is to return it in unused condition.

Limited Availability and Price
In the event a product or service is listed at an incorrect price due to a typographical error or an error in pricing information received from our suppliers, VENIN ROYALE shall have the right to refuse or cancel any orders placed for product or service listed at the incorrect price. VENIN ROYALE shall have the right to limit the number of items purchased through this website. VENIN ROYALE shall have the right to refuse or cancel any order whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, VENIN ROYALE shall immediately issue a credit to your credit card account in the amount of the charge.

Revisions
VENIN ROYALE may, in its sole discretion, and with or without notice to you, make changes to, or discontinue, any aspect of this website including, without limitation, any content, products, services or prices offered through this website. VENIN ROYALE shall not be liable to you or any third party should it exercise this right to modify or discontinue the website. VENIN ROYALE also reserves the right to revise the terms and conditions of this website at any time. all revisions are posted on these terms and conditions and will be effective immediately upon its posting. by surfing, using, browsing or purchasing on this website, you are deemed notified and bound by any changes to these terms and conditions. we encourage users to review these terms and conditions each time you visit this website to remain informed of any changes to them.

Electronic Communications
When you visit this website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Consent
By accessing, browsing and/or using this website, you acknowledge that you have read, understood and agree to be bound by these terms and conditions, and you agree to comply with all applicable laws and regulations. If you do not agree to these terms, then please do not use this website.

Indemnity
You agree to indemnify, defend and hold harmless VENIN ROYALE, its affiliates, subsidiaries, officers, directors, employees, agents, licensors and licensees from any damages, liabilities, costs and expenses, including reasonable attorneys’ fees, on account of any claim, suit, action, demand or proceeding made or brought against any such party, or on account of the investigation, defense or settlement thereof, arising in connection with your use of this website.

Enforceability and Governing Law
In the event that any of the terms or provisions of these terms and conditions shall be held by a court of competent jurisdiction to be unenforceable, then such terms or provisions shall be construed, as nearly as possible, to reflect the intentions of the parties with the other terms and provisions remaining in full force and effect.

Your access to and use of the website, and these terms and conditions are governed and construed in accordance with the laws of the State of Missouri, without regard to its conflicts of law provisions. Any action against VENIN ROYALE arising from or relating to your access to and use of the website and the provisions of these terms and conditions must be brought by you exclusively in the state or federal courts located in Missouri. You consent to the exclusive personal jurisdiction and venue of the state and federal courts located within the state of Missouri for the adjudication of all claims by VENIN ROYALE against you arising from or relating to your access to and use of the website and the provisions of these terms and conditions.

VENIN ROYALE’s failure to exercise or enforce any right or provision of these terms and conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by VENIN ROYALE in writing. You acknowledge and agree that you will not seek to litigate any claims against VENIN ROYALE or any of its affiliates on a class action or representative party basis and that you shall pursue such claims solely on an individual basis.

Your Representations
You represent that you are 18 years of age or older and that you are not under any legal or other disability which limits your ability to comply with these terms and conditions.

Arbitration

Please read this arbitration provision carefully. Unless you send us the rejection notice described in this document, this provision will apply to you and, as a result, either one of us can elect to subject any Rewards Dispute between us to individual arbitration. This means that: (1) a court or jury will not resolve the Rewards Dispute; (2) you will not be able to participate in a class action or similar proceeding to resolve the Rewards Dispute; and (3) your appeal rights during and after arbitration will be limited.

As used in this arbitration provision, a “Rewards Dispute” means any claim or controversy between us that in any way arises from or relates to the Royale Rewards program, including, but not limited to, the Royale Rewards Terms and Conditions, the issuance or redemption of Royale Rewards points, other services, and events access. Rewards Dispute has the broadest possible meaning, and includes, without limitation, disputes based upon contract, tort, consumer rights, fraud and other intentional torts, agency, statute or constitution, regulation, ordinance, common law and equity (including any claim for injunctive or declaratory relief). Rewards Dispute includes claims, counterclaims, cross-claims, and third-party claims, and it includes disputes in the past, present, or future. It also includes disputes about the validity, enforceability, or scope of this arbitration provision.

If one of us elects to arbitrate a Rewards Dispute, it will be resolved by mandatory binding arbitration. The electing party must notify the other party in writing. To make an election to arbitrate, you must send a written notice to Venin Royale; ATTN: ARBITRATION DEMAND, or we must send a written notice to you at the most current address we have on file for you. This notice can be given at any time before or after the beginning of a lawsuit by either party and may be included in papers filed in the lawsuit. The party seeking arbitration must select as the arbitration administrator either the American Arbitration Association (“AAA”), 1633 Broadway, 10th Floor, New York, NY 10019, adr.org, 1.800.778.7879 FREE, or JAMS, 620 Eighth Avenue, 34th Floor, New York, NY 10018, jamsadr.com, 1.800.352.5267 FREE. You can contact the AAA or JAMS to find out more information on how to commence an arbitration proceeding.

The arbitrator(s) will be appointed in accordance with the procedures of the arbitration administrator, and must be a lawyer with at least ten years of legal experience. The arbitration will take place in the federal judicial district where you reside and either one of us may elect to appear by telephone. We will pay the arbitration filing fee and consider requests to advance additional costs and fees on your behalf. If you receive a favorable award from the arbitration proceeding, we will reimburse you for the reasonable costs and fees of arbitration (but this does not include fees of attorneys, experts or consultants, unless applicable law provides you a right to recover those fees).

YOU AGREE NOT TO BRING A REWARDS DISPUTE AGAINST US IN A CLASS ACTION, REPRESENTATIVE ACTION, OR SIMILAR PROCEEDING IN COURT OR ARBITRATION. YOU ALSO AGREE NOT TO BRING A REWARDS DISPUTE AGAINST US ON BEHALF OF ANY OTHER PERSON, AND YOU AGREE THAT NO OTHER PERSON MAY BRING A REWARDS DISPUTE AGAINST US ON YOUR BEHALF. YOU MAY NOT JOIN A REWARDS DISPUTE IN A SINGLE ARBITRATION WITH A REWARDS DISPUTE OF ANY OTHER PERSON. IF YOU TRY TO ASSERT ANY REWARDS DISPUTES IN A CLASS ACTION OR SIMILAR PROCEEDING, WE CAN REQUIRE THAT IT BE RESOLVED IN INDIVIDUAL (NON-CLASS) ARBITRATION. THIS PARAGRAPH IS REFERRED TO AS THE “CLASS ACTION PARAGRAPH.” YOU AGREE NOT TO BRING A REWARDS DISPUTE AGAINST US IN A PRIVATE ATTORNEY GENERAL ACTION IN COURT OR ARBITRATION.

If you do not want this arbitration provision to apply, you must reject it in writing by mailing us a written rejection notice containing your name legibly printed, a statement that you reject the arbitration provision, and your signature. The rejection notice must be sent by you to us at Venin Royale. Your rejection notice is effective only if it meets the above requirements, is signed by you, and we receive it within sixty (60) calendar days after the date we first provide you with the Royale Rewards Terms and Conditions containing the arbitration provision. Subsequent re-publications or delivery of the Royale Rewards Terms and Conditions will not trigger another right to reject the arbitration provision. Your rejection of this arbitration provision will not affect any other provision of the Royale Rewards Terms and Conditions.

This arbitration provision is governed by the Federal Arbitration Act (the “FAA”). The arbitrator(s) must follow: (1) the FAA; (2) all other applicable substantive law (except when contradicted by the FAA); (3) any applicable statute of limitations; and (4) rules as to valid claims of privilege. Further, the arbitrator(s) shall issue a written decision including the reasons for the award upon either party’s request. The decision of the arbitrator(s) will be final and binding, except for any appeal right under the FAA. This arbitration provision will survive the termination of the Royale Rewards Terms and Conditions or your relationship with us. If any part of this arbitration provision is found to be void or unenforceable under applicable law, all other parts of this arbitration provision and of the Royale Rewards Terms and Conditions will still apply; except that if the Class Action Paragraph is found to be void or unenforceable in any way, this entire arbitration provision shall be deemed void and shall not apply, but all other parts of the Royale Rewards Terms and Conditions will still apply.

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