TERMS AND CONDITIONS
The SHORUK OÜ Website (collectively, the “Sunrise Cosmetics Web Site”) is operated by SHORUK OÜcompany, is comprised of various Web site and Web pages. The Sunrise Cosmetics Web Site is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the Sunrise Cosmetics Web Site constitutes your agreement to all such terms, conditions, and notices. Your use of a particular SHORUK OÜ website included within the Sunrise Cosmetics Web Site network may also be subject to additional terms outlined elsewhere on that website (the “Additional Terms”). Additionally, the Sunrise Cosmetics Web Site may themselves contain additional terms that govern particular features or offers. In the event that any of the terms, conditions, and notices contained herein conflict with the Additional Terms or other terms and guidelines contained within any particular SHORUK OÜ website, then these terms shall control.
SHORUK OÜ reserves the right to change the terms, conditions, and notices under which the Sunrise Cosmetics Web Site are offered, including but not limited to the charges associated with the use of the Sunrise Cosmetics Web Site. You are responsible for regularly reviewing these terms and conditions.
USE OF SITE. PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the Sunrise Cosmetics Web Site are for your personal, noncommercial use. You must not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the Sunrise Cosmetics Web Site, unless this is done for noncommercial purposes.
Any other use of materials on this Site, including but not limited to the modification, reproduction, distribution, republication, display or transmission of the content of this Site, without prior written permission of SHORUK OÜ is strictly prohibited.
Harassment in any manner or form on any of the Sunrise Cosmetics Web Site, including via e-mail and chat or by obscene or abusive language is strictly forbidden. Impersonation of others, including a SHORUK OÜ employee, host, or representative or other members or visitors on the Sunrise Cosmetics Web Site is prohibited. You may not upload to, distribute, or otherwise publish through the Sunrise Cosmetics Web Site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on the Site or use the Site to solicit others to join or become members of any other commercial online service or other organization.
COPYRIGHTS AND TRADEMARKS.
The entire content included in the Sunrise Cosmetics Web Site, including but not limited to text, design, graphics, interfaces, or code and the selection and arrangements thereof is copyrighted as a collective work under the Belgium and other copyright laws, and is the property of SHORUK OÜ. The collective work includes works that are licensed to SHORUK OÜ. ALL RIGHTS RESERVED. All trademarks, service marks, and trade names (collectively the “Marks”) are trademarks or registered trademarks of and are proprietary to SHORUK OÜ, or other respective owners that have granted SHORUK OÜ the right and license to use such Marks.
NOTICES AND PROCEDURES FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT.
ALL INQUIRIES NOT RELEVANT TO OR NOT COMPLYING WITH THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE.
SHORUK OÜ respects the intellectual property of others, and we ask our users and visitors to do the same. SHORUK OÜ will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying with the DMCA, SHORUK OÜ will act to remove or disable access to any material found to be infringing or found to be the subject of infringing activity and will act to remove or disable access to any reference or link to material or activity that is found to be infringing.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide SHORUK OÜ the following information. Please be advised that to be effective, the Notification must include ALL of the following:
- a physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- a description of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Sunrise Cosmetics Web Site;
- your address, telephone number, and email address and all other information reasonably sufficient to permit SHORUK OÜ to contact you;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
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TERM AND TERMINATION.
These terms and conditions are applicable to you upon your accessing the Sunrise Cosmetics Web Site. These terms and conditions, or any of them, may be modified or terminated by SHORUK OÜ without notice at any time for any reason. SHORUK OÜ may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site. The provisions relating to Copyrights and Trademarks, Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable Laws, Arbitration and General, shall survive any termination.
Reviews and Other Customer Generated Content.
SHORUK OÜ, directly or via its third party contractors, may collect, organize and use any content created or otherwise supplied by customers on SHORUK OÜ’s website, social media services, and third-party websites, including, without limitation, any and all material, text, videos, photographs, information, other data submitted by customers and/or opinions, product or service ratings or reviews, articles, written expressions, in any form or media, and/or any works of authorship created by the customer (such content collectively referred to as “Customer Generated Content” or “CGC”).
SHORUK OÜ and any of its third party contractors may use, transfer, copy, reproduce, distribute, publicly perform, publicly display, digitally perform, modify, create derivative works of the CGC and otherwise use and commercially exploit any CGC in any media formats (“Permitted Use”). Customer shall grant SHORUK OÜ and any of its third party contractors a nonexclusive, perpetual, revocable, worldwide, fully paid-up, royalty-free license for any Permitted Use. Such license will apply to any form, media, or technology now known or hereafter developed.
Customers grants SHORUK OÜ all necessary rights in and to the CGC, including without limitation, any customer consents, assignments, licenses, permissions and authorizations (including the waiver of any moral rights) necessary for SHORUK OÜ and any of its third party contractors to use the CGC for any lawful purpose.
Neither SHORUK OÜ nor its third party contractors shall be liable for any CGC, and SHORUK OÜ’s third party contractors shall be entitled to edit or remove from any of their respective platform (“Platform”) any CGC that is inaccurate, inappropriate or otherwise not in compliance with such platform’s terms or applicable law.
Customers hereby give permissions, authorizations and licenses, if any, required by applicable law or third-party website or application terms and/or policies (including without limitation the Instagram Platform policy), for SHORUK OÜ’s transfer to and use by SHORUK OÜ’s third party contractors of customer’s private and personally identifiable information and any CGC for the purpose of providing marketing technology and related services, sending applicable emails and recommendations, operation and improvement of any third party platforms, use of targeted behavioral advertisements and analysis and transfer to third parties for all of these purposes.
All the Intellectual Property Rights (as defined hereunder) to SHORUK OÜ’s third party contractors’ intellectual property, evidenced by or embodied in and/or attached/connected/related to any Platform (with the exception of the CGC and any SHORUK OÜ intellectual property), including without limitation any underlying software, platforms, algorithms, technology, site design, any information, services, texts, files, Platform and product documentation, videos, various applications, social graphs, organization, structure, specifications, application “look and feel,” navigation, features and related content that may be created in connection with the use of or registration to the Platform and/or other proprietary materials are the property of SHORUK OÜ’s respective third party contractor and/or its respective affiliates which shall retain all right, title and interest in connection therewith.
Customers hereby consent (i.e., opt-in) to receive post-sale emails sent by SHORUK OÜ (via its third party contractors as a mere conduit) containing reminders to submit reviews and containing recommendations and/or links to third party goods and/or services, as required by applicable law.
Any customer using the user front end of any of a Platform may only use such Platform for personal and non-commercial use only.
Customers agree to comply with all applicable security, privacy and data protection laws and regulations when using any of SHORUK OÜ’s third party contractors’ marketing technology and related services and/or Platform. Customer consents for SHORUK OÜ and any of its third party contractors to use any cookies or similar technologies on or through SHORUK OÜ’s website.
If a customer wishes to have a review or any other Customer Generated Content created by such customer removed, please contact us via email at email@example.com, and we will use commercially reasonable efforts to have it promptly removed.
In an attempt to provide increased value to our visitors, this Site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). However, even if the third party is affiliated with SHORUK OÜ, SHORUK OÜ has no control over these linked sites, all of which have separate privacy and data collection practices, independent of SHORUK OÜ. SHORUK OÜ has no responsibility or liability for these independent policies or actions and is not responsible for the privacy practices or the content of such Web Site. These linked sites are only for your convenience and therefore you access them at your own risk. Links do not imply that SHORUK OÜ sponsors, endorses, is affiliated with or associated with, or has been legally authorized to use any trademark, trade name, service mark, design, logo, symbol or other copyrighted materials displayed on or accessible through such External Sites.
SHORUK OÜ makes no warranties or representations about the accuracy or completeness of this Site’s content or the content of any site or External Sites.
SHORUK OÜ does not filter advertisements or other content that children may view through our sites or “hot-linked” sites, and they could receive content and materials from the Internet and/or advertising that are inappropriate for children. We encourage parents and guardians to spend time online with their children and to consider using an electronic filtering software.
This site and the materials, information, services, and products in this site, including, without limitation, text, graphics, and links, are provided “as is” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, SHORUK OÜ disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. SHORUK OÜ does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. SHORUK OÜ does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
LIMITATION OF LIABILITY.
In no event shall SHORUK OÜ be liable for any direct, indirect, special, punitive, incidental, exemplary or consequential, damages, or any damages whatsoever, even if SHORUK OÜ has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this site. These limitations shall apply not with standing any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
Your use of The Sunrise Cosmetics Web Site shall be governed in all respects by the laws of Belgium, without regard to choice of law provisions. Convention on contracts for the international sale of goods. Any cause of action or claim you may have with respect to the Sunrise Cosmetics Web Site (including but not limited to the purchase of SHORUK OÜ products) must be commenced within one (1) year after the claim or cause of action arises. SHORUK OÜ’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. SHORUK OÜ may assign its rights and duties under this Agreement to any party at any time without notice to you.
SHORUK OÜ makes no representation that materials in the Sunrise Cosmetics Web Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited.
Buyer agrees to the terms and conditions outlined in this Online Contract (“Contract”) with respect to the goods and information provided by or through the E-Store. This Contract constitutes the entire and only agreement between SHORUK OÜ and Buyer, and supersedes any and all prior or contemporaneous agreements, representations, warranties, and understandings with respect to the goods and information provided by or through the E-Store, and the subject matter of this Contract. Buyer agrees to review this Contract prior to purchasing anything and purchase of a good shall be deemed acceptance of this Contract.
SETUP AND PAYMENT
Buyer represents and warrants that (i) the credit card information supplied is true, correct and complete and (ii) charges incurred by the Buyer will be honored by the Buyer’s credit card company and (iii) Buyer shall pay charges incurred by Buyer at the amounts in effect at the time incurred, including all applicable taxes. Buyer shall be responsible for all charges incurred through use of Buyer’s password. Buyer agrees to keep his or her password confidential and to notify SHORUK OÜ within 24 hours of any breach of this Contract or unauthorized use of the password. SHORUK OÜ does not protect Buyer from unauthorized use of Buyer’s password.
The content, organization, gathering, compilation, magnetic translation, digital conversion and other matters related to the E-Store are protected under applicable copyrights, trademarks, and other proprietary (including but not limited to intellectual property) rights, and, the copying, redistribution, use or publication by a Buyer of any such content or any part of the E-Store is prohibited.
EDITING, DELETING, AND MODIFICATION
SHORUK OÜ reserves the right in its sole discretion to remove any goods for sale from the E-Store. Upon notice published over the E-Store, SHORUK OÜ may modify this Contract, or prices, and may discontinue or revise any or all aspects of the E-Store in its sole discretion and without prior notice. Modification of this Contract will be deemed effective upon publication on the E-Store with respect to transactions occurring after said date.
RIGHT TO REFUSE
SHORUK OÜ reserves the right in its sole discretion to refuse service at any time. Sale of any goods is subject to availability.
Buyer agrees to indemnify, defend and hold SHORUK OÜ and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to a Buyer’s violation of this Contract or use of the E-Store.
Buyer’s right to use the E-Store is not transferable and is subject to any limits established by SHORUK OÜ or by Buyer’s credit card company.
The goods offered through the e-store are provided “as available,” and all warranties, express or implied, are disclaimed (including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose). The sole and entire maximum liability of SHORUK OÜ, for any reason, and buyer’s sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by the buyer for the particular items purchased. SHORUK OÜ and any of its affiliates, dealers or suppliers are not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like), whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damages. The limitations of damages set forth above are fundamental elements of the basis of the bargain between SHORUK OÜ and buyer. This e-store and goods would not be provided without such limitations. Some state statutes may apply regarding limitation of liability.
ORDER CONFIRMATION & SHIPPING
After Buyer’s order has been submitted, a page will be displayed confirming that the order was received. An email confirming receipt of the order will also be sent to Buyer shortly after the order is submitted. If an order confirmation does not arrive within 24 hours after submission, Buyer shall contact SHORUK OÜ Online Customer Service via email at firstname.lastname@example.org for assistance.
Sunrise Cosmetics orders are shipped on business days (Monday through Friday, excluding major holidays). All orders are subject to authorization. Only authorized orders will be processed and shipped.
If an order was not shipped, was incorrectly shipped, is missing a product or contains a damaged or defective item, Buyer shall contact SHORUK OÜ Online Customer Service via email at email@example.com for assistance.
SHORUK OÜ stands behind the quality of our products. We believe that we can work together with our customers to make every purchase a positive experience. In the event you are not satisfied with your purchase or have any concerns, please follow the guidelines outlined in SHORUK OÜ’s return and refund policy below.
Terms and Conditions for Products Purchased Online
For defective items
If a product purchased on the E-Store is defective customer shall contact SHORUK OÜ Online Customer Service via email at firstname.lastname@example.org, within 30 days of receipt of product. In order to process its request, the customer shall provide a detailed description of the defect, pictures if possible and the original order number. SHORUK OÜ will replace the defective item or item’s part (ie.pump) at no charge.
Not satisfied with the product
If a customer is unsatisfied with a purchase made on the E-Store, customer shall contact SHORUK OÜ Online Customer Service via email at email@example.com, within 30 days of receipt of product. In order to process its request, the customer shall provide the original order number.
For missing items in an order
If a customer received incorrect items in their order, customer shall contact SHORUK OÜ Online Customer Service via email at firstname.lastname@example.org, within 30 days of receipt of the order. SHORUK OÜ will send out the correct products immediately, and reserves the right to pick up the products that were sent in error in order to have them returned back to the company.
USE OF INFORMATION
SHORUK OÜ reserves the right, and Buyer authorizes SHORUK OÜ, to the use and assignment of all information regarding Buyer’s use of the E-Store and all information provided by Buyer, subject to applicable law.
This Agreement represents the entire understanding between Buyer and SHORUK OÜ regarding its use of the E-Store and supersedes any prior statements or representations.
All prices on the E-store are in EUR.
Credit card information entered on the E-Store is secure and safe using a VeriSign SSL Certificate. All orders placed on the E-Store are encrypted, thereby protecting any credit card information that is submitted at the time of the order. By using the most advanced consumer online security technique to date, SHORUK OÜ can insure that all orders are placed safely and securely. As such, SHORUK OÜ is not liable for any direct or indirect damages related to credit card fraud or theft.
At this time, SHORUK OÜ ships to all Europe countries.
For any questions on how to order or the status of an order, please contact SHORUK OÜ Online Customer Service via email at email@example.com for assistance.
SHORUK OÜ LOYALTY PROGRAM TERMS AND CONDITIONS
The terms and conditions outlined in this Loyalty Program agreement (the “Loyalty Agreement”) govern membership in the SHORUK OÜ Loyalty Program (“Program”). Participants in the Program are subject to the terms and conditions herein.
- MEMBERSHIP:The Program is offered at the sole discretion of SHORUK OÜ (or “we”). Membership is open to individuals at least 18 years old or the age of majority in the Member’s jurisdiction of residence, whichever is older. Membership in the Program is voluntary. No purchase or payment of any kind is necessary in order to enroll in the Program. The Program is available to individuals for their personal use only and is limited to one account per individual. Corporations, associations or other groups may not enroll in the Program. Employees of SHORUK OÜ and their dependents are not eligible to enroll in the Program. SHORUK OÜ reserves the right to limit the number of participants in the Program.
- MEMBERSHIP ENROLLMENT: Eligible individuals may enroll in the Program by visiting sunrise-cosmetics.eu (collectively, the “Site”), creating an account, and joining the Program. Individuals who already have an account on the Site are automatically enrolled in the Program. You may be required to provide your full name, telephone number, mailing address, email address, and other type of personal information and to create a password in order to enroll. Once you provide this information, you will be enrolled in the Program and provided a Member account. You are solely responsible for maintaining the accuracy of your account information and for updating it as required. Members must provide the required information to be enrolled and to be eligible for benefits and rewards, such as free gifts with purchase (“Rewards”). Only one Member account may be associated with a single email address. In the event of a dispute over ownership of the Member account, the member will be deemed to be the authorized account holder of the email address submitted at the time of enrollment. For purposes of this Loyalty Agreement, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address.
- COMMUNICATION: As a member, you may periodically receive marketing emails from SHORUK OÜ about the Program. You may opt-out of the marketing emails at any time, but operational emails will still be sent to you as it relates to your membership in the Program. Examples of these include the welcome email, Rewards updates, etc.
- REWARDS ADDITIONAL TERMS AND CONDITIONS: SHORUK OÜ reserves the right to cancel, modify or restrict any aspect of the Program at any time with or without notice. Membership in the Program may be revoked at any time. Membership is nontransferable. Any abuse of the Program, failure to follow any terms of the Program, or any misrepresentation may subject Members to revocation of Membership and will affect eligibility for further enrollment in the Program. Further, SHORUK OÜ reserves the right to seek all remedies, whether available at law or at equity, criminal or civil, in the event Member defrauds or abuses the Program, fails to follow any terms of the Program, or makes any misrepresentation to SHORUK OÜ. Program purchases, as reflected in SHORUK OÜ records, shall be deemed correct and SHORUK OÜ reserves the right to determine the qualification for any transaction and to correct or modify the Reward at any time based on SHORUK OÜ records and calculation of account information. SHORUK OÜ is not responsible for communications or Rewards lost due to an inaccuracy in or change of address or other contact information. SHORUK OÜ may waive compliance with these terms and conditions in its sole discretion and may run promotions from time to time that provide enhanced benefits to select Members. Notwithstanding the foregoing, SHORUK OÜ’s failure to exercise any of its rights under this Loyalty Agreement or its delay in enforcing or exercising any of those rights shall not constitute a waiver of such rights. If you have concerns that a purchase or other activity was not properly applied to your account, you should contact us by emailing firstname.lastname@example.org. Your email must specify your name and email address associated with the Program, the date of the Program activity, and the issue you encountered. For more information about the Program or your Member account, email us at email@example.com.
- TERMINATION: The Program has no predetermined termination date and may continue until such time as SHORUK OÜ, at its sole discretion, elects to designate a termination date for the Program. In the event that the Program terminates, SHORUK OÜ will notify you of the termination date. SHORUK OÜ reserves the right, in its sole discretion and without notice, to expire a Member’s account after one year of account inactivity. No extensions, cash refunds or other exchanges will be allowed based on inactivity. In order to reactivate an account, or if you want to cancel enrollment in the Program or request not to be communicated you must notify SHORUK OÜ at firstname.lastname@example.org.
- LIMITATION OF LIABILITY AND ADDITIONAL TERMS: BY ENROLLING IN THE PROGRAM AND REDEEMING THE REWARDS, THE MEMBER AGREES THAT SHORUK OÜ AND ITS AFFILIATES AND SUBSIDIARIES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL HAVE NO LIABILITY OR RESPONSIBILITY WHATSOEVER FOR, AND SHALL BE HELD HARMLESS BY MEMBERS OR ANY PERSON FOR, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE OR EXEMPLARY DAMAGES) TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH, OR PROPERTY ARISING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ANY ACTION TAKEN OR NEGLECTED TO BE TAKEN WITH REGARD TO THE PROGRAM, WITH THE EXCEPTION OF ERRORS IN POSTING POINTS TO ACCOUNTS. THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR (A) LOSS OR MISDIRECTION OF, OR DELAY IN RECEIVING, ANY MEMBERSHIP APPLICATION, DATA, CORRESPONDENCE, OR REWARDS; (B) THEFT OR UNAUTHORIZED REDEMPTION OF CREDITS OR REWARDS OR USE OF A REWARD CAUSED BY CIRCUMSTANCES BEYOND THE REASONABLE CONTROL OF US OR OUR REPRESENTATIVES, AGENTS; (C) ANY ACTS OR OMISSIONS OF THIRD PARTIES; OR (D ) ANY ERRORS PUBLISHED IN RELATION TO THE PROGRAM, INCLUDING, WITHOUT LIMITATION, ANY TYPOGRAPHICAL ERRORS, ERRORS OF DESCRIPTION, AND ERRORS IN THE CREDITING OR DEBITING OF CREDITS FROM MEMBER ACCOUNTS. WE RESERVE THE RIGHT TO CORRECT, WITHOUT NOTICE, ANY ERRORS. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU FOR ANY DELAY IN OR FAILURE TO PERFORM DUE TO CAUSES BEYOND OUR CONTROL, INCLUDING, WITHOUT LIMITATION, ANY ACT OF GOD, AND ACT OF WAR, NATURAL DISASTER, TERRORISM, OR ANY ACT OR OMISSION OF A THIRD PARTY.
WITHOUT LIMITING THE FOREGOING, EXCEPT AS SPECIFICALLY PROVIDED OTHERWISE IN THESE PROGRAM RULES, EVERYTHING REGARDING THE PROGRAM, INCLUDING THE SITE AND THE REWARDS, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES OR EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY.
THIS SECTION WILL SURVIVE TERMINATION OF MEMBER’S ENROLLMENT IN THE PROGRAM.