Terms and Conditions for Online Sales of Products

Last Updated: January 30, 2025

THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. PLEASE READ IT CAREFULLY AND FULLY. 

BY PLACING AN ORDER FOR ANY PRODUCTS FROM OUR WEBSITE, YOU AFFIRM THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT, AND YOU ACCEPT AND ARE BOUND BY THESE TERMS AND CONDITIONS. YOU AFFIRM THAT IF YOU PLACE AN ORDER ON BEHALF OF AN ORGANIZATION OR COMPANY, YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH ORGANIZATION OR COMPANY TO THESE TERMS AND CONDITIONS.

YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM OUR WEBSITE IF YOU: (A) DO NOT AGREE TO THESE TERMS OF SALE; (B) ARE NOT AT LEAST 18 YEARS OF AGE; OR (C) ARE PROHIBITED FROM ACCESSING OR USING OUR WEBSITE OR ANY OF OUR WEBSITE'S CONTENTS, PRODUCTS OR SERVICES BY APPLICABLE LAW.

IMPORTANT NOTICE – ARBITRATION AGREEMENT AND CLASS ACTION WAIVER: BY AGREEING TO BE BOUND BY THE TERMS OF SALE, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION, EXCEPT FOR CERTAIN LIMITED TYPES OF DISPUTES DESCRIBED IN SECTION 11 BELOW. YOUR AGREEMENT TO ARBITRATION MEANS YOU ARE GIVING UP THE RIGHT TO GO TO COURT AND THE RIGHT TO A TRIAL BY JURY, AND INSTEAD, DISPUTES WILL BE DECIDED BY A NEUTRAL ARBITRATOR. YOU ALSO AGREE THAT ALL DISPUTES BETWEEN US, WHETHER IN COURT OR IN ARBITRATION, WILL BE BROUGHT ONLY ON AN INDIVIDUAL BASIS AND YOU ARE WAIVING YOUR RIGHT TO BRING OR PARTICIPATE IN A CLASS ARBITRATION OR CLASS ACTION. PLEASE CLICK HERE TO READ SECTION 11 OF THIS AGREEMENT FOR FURTHER DETAILS.

These Terms and Conditions for Online Sales of Products (these “Terms of Sale”) apply to the purchase and sale of products through Honey Stinger’s website (our “Website”). These Terms of Sale are subject to change by EN-R-G Foods, LLC, a Delaware limited liability company, d/b/a “Honey Stinger” (referred to as referred to as “Honey Stinger,” the “Company,” “us,” “we,” or “our” as the context may require), without prior written notice at any time, in our sole discretion. Any changes to these Terms of Sale will be in effect as of the “Last Updated” date referenced on our Website. You should review these Terms of Sale carefully and fully prior to purchasing any product or services that are or may be available through our Website. Your continued use of our Website after we make changes and/or after the Last Updated date referenced above is deemed to be and will constitute your acceptance of and agreement to such changes.

These Terms of Sale are an integral part of our Website’s Terms of Use (our “Terms of Use”) that apply generally to the use of our Website. You should also carefully and fully review our Privacy Policy (our “Privacy Policy”) and our Privacy Policy for California Residents (our “CA Privacy Policy”) (as applicable) before placing an order for products or services through our Website (see Section 8 below).

1.              Order Acceptance and Cancellation. You agree and acknowledge that, under these Terms of Sale, (i) your order is an offer to buy all products listed in your order; and (ii) all orders are subject to acceptance by us of your offer. We will not be obligated to sell the products to you unless we choose, at our sole discretion, to accept your offer to buy each product listed in your order. We may choose, at our sole discretion, not to accept your order notwithstanding that, and even after, we send you a confirmation email with your order number and details of the items you have ordered.

2.              Prices and Payment Terms.

(a)            Prices posted on our Website may be different than the prices for the products that are offered on other websites or in physical retail establishments. All prices, discounts and promotions posted on our Website are subject to change without notice. The purchase price charged for a product will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes, duties, charges for shipping and handling or other similar expenses. All such taxes and charges will be added to your order total purchase price and will be itemized in your shopping cart and in the order confirmation email you receive from us and/or the invoice your receive from us. We strive to display accurate information regarding pricing, however we may, on occasion, make inadvertent typographical errors or omissions related to pricing and availability which could cause information listed on our Website regarding pricing to be inaccurate. We reserve the right to correct any errors, inaccuracies or omissions at any time and to cancel any orders arising from such occurrences.

(b)           From time to time, we may offer certain opportunities on our Website through contests, sweepstakes, or other special promotions and offers that may affect pricing and that are governed by terms and conditions separate from these Terms of Sale. If there is a conflict between the terms for a contest, sweepstakes, or other special promotion or offer (collectively, “Promotion”) and these Terms of Sale relating to the price of a product ordered through such a Promotion, the terms of the Promotion will govern.

(c)            Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept most major credit/debit cards, as well as PayPal and Apple Pay, for all purchases. You represent and warrant that: (i) the credit card information you supply to us is true, correct and complete; (ii) you are duly authorized to use such credit card for the purchase of the products in your order; (iii) charges incurred by you will be honored by your credit card company; and (iv) you will pay charges incurred by you at the posted prices of the products in your order, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on our Website at the time of your order.

 

  1. Shipments; Delivery; Title and Risk of Loss.

(a)            We will arrange for shipment of the products to you. Please check the individual product page for specific delivery options. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping and delivery of your order

(b)           Title and risk of loss, with respect to each product in your order, pass to you upon delivery of such products. Shipping and delivery dates are estimates only and cannot be guaranteed. Shipments. You agree and acknowledge that we are not liable for any loss or expense, or any loss of profit, arising from any delay in shipment or delivery of, or failure to ship or deliver, any products contained in your order.

 

4.              No Returns and No Refunds. Due to the fact that the products that are sold on our Website are perishable goods, all sales are final and we do accept any returns of any of our products. Therefore, we do not offer any refunds for any amounts already paid to us. You recognize and agree that you shall not be entitled to a refund for any purchase under any circumstances.

5.              Disclaimer of WarrantyTO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL PRODUCTS OFFERED ON OUR WEBSITE ARE PROVIDED “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER OR OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY: (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.

6.              Limitation of Liability.

(a)       IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS OF SALE, REGARDLESS OF: (A) WHETHER SUCH DAMAGES WERE FORESEEABLE; (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.

(b)       OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY, FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS YOU HAVE ORDERED THROUGH OUR WEBSITE.

(c)        THE LIMITATION(S) OF LIABILITY SET FORTH ABOVE SHALL ONLY APPLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.

7.              Goods Not for Resale or Export. You represent and warrant that you are buying products and/or services from us through our Website for your own personal or household use only, and not for resale or export. You further represent and warrant that all purchases are intended for final delivery to locations within the United States. 

8.              Privacy. We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of products or services through our Website.

9.              Force Majeure. We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms of Sale, for any failure or delay in our performance under these Terms of Sale when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions/orders, epidemic, pandemic, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

10.           Governing Law and Jurisdiction. Our Website is operated from the United States and the Company’s principal place of business is located in the State of Colorado. All matters arising out of, or relating to, these Terms of Sale are governed by and construed in accordance with the internal laws of the State of Colorado without giving effect to any choice or conflict of law provision or rule (whether of the State of Colorado or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Colorado. 

Subject to Section 11 below, any action to enforce these Terms of Sale must be brought in (i) the federal courts of the United States located in the State of Colorado; or (ii) the state courts of the State of Colorado. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

11.           Arbitration; Waiver of Class Actions. You and Honey Stinger agree that, except for (i) claims related to intellectual property, and (ii) any claims that may be brought in small claims court where the amount in controversy is properly within the jurisdiction of such court (collectively, “Excluded Claims”), any controversy or claim arising out of or relating to these Terms of Sale, our Privacy Policy, our CA Privacy Policy, or our Terms of Use, your relationship to Honey Stinger as a customer, or your use of any of Honey Stinger’s products or services, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory (the “Covered Claims”), will be resolved by binding, individual arbitration. The parties further agree that the determination of the scope, enforceability, or applicability of this arbitration agreement (this “Arbitration Agreement”), including, but not limited to any claim that all or any part thereof of this Arbitration Agreement is void or voidable, whether a claim is subject to arbitration, and any dispute regarding the payment of administrative or arbitrator fees (including the timing of such payments and remedies for nonpayment) will be resolved exclusively by final and binding arbitration in accordance with this Arbitration Agreement. YOUR AGREEMENT TO ARBITRATION MEANS THAT FOR ALL COVERED CLAIMS, YOU ARE GIVING UP YOUR RIGHT TO FILE A LAWSUIT IN COURT AND THE RIGHT TO A TRIAL BY JURY.  INSTEAD, YOU WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR.

 

WAIVER OF CLASS ACTIONS

YOU AND HONEY STINGER AGREE THAT EACH PARTY MAY BRING DISPUTES RELATING TO BOTH COVERED CLAIMS AND EXCLUDED CLAIMS AGAINST THE OTHER PARTY ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING, INCLUDING, WITHOUT LIMITATION, A FEDERAL OR STATE CLASS ACTION LAWSUIT OR A CLASS ARBITRATION. If there is a final judicial determination that applicable law precludes enforcement of this paragraph’s limitations as to a particular remedy, then that remedy (and only that remedy) must be severed from the arbitration and may be sought in court. The parties agree, however, that any adjudication of remedies not subject to arbitration shall be stayed pending the outcome of any arbitrable claims and remedies. This Subsection entitled “Waiver of Class Actions” does not prevent you or us from participating in a class-wide settlement of claims.

Notwithstanding the foregoing, an arbitrator may consolidate more than one person's claims if Honey Stinger provides consent to such consolidation in writing. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then the parties agree that such a claim or request for relief shall be decided by a court only after all other claims and requests for relief are arbitrated.

Conduct of Arbitration; Governing Rules; Informal Resolution

Arbitrations for any disputes between you and Honey Stinger relating to the Covered Claims will be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules and the Supplementary Rules for Multiple Case Filings (collectively, the “AAA Rules”). For more information about arbitration, the AAA and the arbitration process, please consult the American Arbitration Association web site at adr.org. All issues are for the arbitrator to decide, except that issues relating to the scope, application, and enforceability of the arbitration provision—including whether any claims are Covered Claims or Excluded Claims within the meaning of this provision—are for the court to decide. As stated in Section 10 above, Colorado law applies to any arbitration under this Section 11, but the parties acknowledge that the Federal Arbitration Act governs the interpretation and enforcement of this provision. This arbitration agreement does not preclude you from bringing issues to the attention of federal, state, or local agencies, and, if the law allows, they can seek relief against us for you.

Prior to initiating arbitration for a Covered Claim, both parties agree that they will provide written notice of the potential claim to the opposing party setting forth: (1) the factual and legal basis for the claim; (2) contact information for the potential claimant and their counsel, if any; and (3) the remedies sought, including the amount of claimed monetary damages (the “Notice”). Such written notice shall be provided on an individualized basis. Following receipt of the Notice by the opposing party, the parties agree to make a good faith effort for at least sixty (60) days to resolve the claim before resorting to more formal means of resolution, including, without limitation, arbitration or any court action. To provide notice of a claim to Honey Stinger, write to customerservice@honeystinger.com using the subject line “ARBITRATION NOTICE” or EN-R-G Foods, LLC d/b/a “Honey Stinger”, Attn: Legal Department, PO Box 771162, Steamboat Springs, CO 80477 USA. If you are a Honey Stinger (including, The Hive) account holder or subscriber, any demand filed by you initiating arbitration must include the email address you used to log onto Honey Stinger (including, The Hive), as well as any profile associated with that account that is controlled by you.

The aforementioned informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fees or other deadlines will be tolled while the parties engage in this informal dispute resolution process.

Unless you and Honey Stinger agree otherwise in writing, any hearings for the arbitration will take place (i) in a location to be determined in accordance with the AAA Rules that is reasonably convenient for you and is no more than one hundred (100) miles from your home or place of business; or (ii) at another location you and we agree upon. Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules, except that if the arbitrator finds at any time that a claim was filed frivolously, for purposes of harassment, or otherwise in bad faith, then the filing party will reimburse the other party for all costs and fees, including attorneys’ fees, associated with that claim.

Judgment on the award rendered by the arbitrator may be entered in any federal or state court of competent jurisdiction located in the County of Denver in the State of Colorado. The arbitrator may award money or equitable relief in favor of only the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim. To reduce the time and expense of the arbitration, the arbitrator will not provide a statement of reasons for his or her award unless requested to do so by both parties. 

Mass Arbitrations

To increase the efficiency of administration and resolution of arbitrations, in the event twenty-five (25) or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief) presented by or with the assistance or coordination of the same law firm(s) or organization(s) are submitted to AAA against Honey Stinger (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of ten (10) demands per batch (to the extent there are fewer than ten (10) arbitration demands left over after the batching described above, a final batch will consist of the remaining demands) with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each demand within the batch (the same arbitrator may preside over multiple demands in a batch if the relevant claimants and Honey Stinger so agree); (iii) to accept applicable fees, including any related fee reduction determined by AAA in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of ten (10) is filed, processed, and adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by Honey Stinger and the claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including ten (10) demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any of the claimants or Honey Stinger may cease arbitration and file in a court of competent jurisdiction.

Arbitrator selection for the demands in each batch shall be conducted to the greatest extent possible in accordance with the applicable AAA rules and procedures for such selection, and the arbitrator will determine the location where the proceedings for each demand within a batch will be conducted. You agree to cooperate in good faith with Honey Stinger and the arbitration provider to implement such a “batch approach” or other similar approach to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands. The parties further agree to cooperate with each other and the arbitration provider or arbitrator to establish any other processes or procedures that the arbitration provider or arbitrator believe will provide for an efficient resolution of claims. Any disagreement between the parties as to whether this provision applies or as to the process or procedure for batching shall be resolved by a procedural arbitrator appointed by AAA. This “Batch Arbitration” provision shall in no way be interpreted as increasing the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind. Unless Honey Stinger otherwise consents in writing, Honey Stinger does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Subsection entitled “Mass Arbitrations”. If your demand for arbitration is included in the Mass Filing, your claims will remain tolled until your demand for arbitration is decided, withdrawn, or settled. The parties agree that this batching provision is integral to this Section 11 insofar as it applies to a Mass Filing. If the batching provision in this Subsection entitled “Mass Arbitrations” or the engagement of a mediator in the Subsection below entitled “Mediation Following First Batch in a Mass Filing” is found to be invalid, unenforceable or illegal, by a court or other tribunal of competent jurisdiction then the entirety of this Section shall be null and void, and neither you nor Honey Stinger shall be entitled to arbitrate any claim that is a part of the Mass Filing.

Mediation Following First Batch in a Mass Filing

The results of the first batch of demands will be given to a AAA mediator selected from a group of five (5) mediators initially proposed by AAA, with Honey Stinger and the remaining claimants’ counsel being able to strike one mediator each and then rank the remaining mediators and the highest collectively ranked mediator being selected. The selected mediator will try to facilitate a resolution of the remaining demands in the Mass Filing. After the results are provided to the mediator, Honey Stinger, the remaining claimants and their counsel, and the mediator will have ninety (90) days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either Honey Stinger or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within sixty (60) days of the close of the Mediation Period. If neither Honey Stinger nor the remaining claimants opt out and they cannot agree to a methodology for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

Opt-out

You have the right to opt out and not be bound by the Arbitration Agreement by sending written notice of your decision to opt out to customerservice@honeystinger.com using the subject line “ARBITRATION OPT-OUT.” The notice must be sent within thirty (30) days of (a) November [22], 2024; or (b) your first use of the Website, whichever is later. Otherwise, you shall be bound to arbitrate disputes in accordance with the terms of these paragraphs. If you opt out of the Arbitration Agreement, you may exercise your right to a trial by jury or judge, as permitted by applicable law, but any prior existing agreement to arbitrate disputes under any prior arbitration agreement between you and Honey Stinger will not apply to claims not yet filed regardless of when those claims may have accrued. If you opt out of the Arbitration Agreement, Honey Stinger also will not be bound by it.

For all litigation regarding Excluded Claims and any other controversy or claim for which arbitration is denied, the sole jurisdiction and venue for such litigation will be an appropriate federal or state court located in the County of Denver in the State of Colorado.

All provisions of this Section 11 will survive termination of these Terms of Sale, our Privacy Policy and our Terms of Use, your relationship with us, and/or your account or profile.

12.           Assignment. You will not assign any of your rights or delegate any of your obligations under these Terms of Sale without our prior written consent. Any purported assignment or delegation in violation of this Section 12 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms of Sale.

13.           No Waivers. The failure by us to enforce any right or provision of these Terms of Sale will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of the Company.

14.           No Third-Party Beneficiaries. These Terms of Sale do not, and are not, intended to confer any rights or remedies upon any person other than you.

15.           Notices.

(a)   To You. We may provide any notice to you under these Terms of Sale by: (i) sending a message to the email address you provide; or (ii) by posting to our Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

(b)  To Us. To give us notice under these Terms of Sale, you must contact us as follows: (i) by email transmission to honeystinger@honeystinger.com; or (ii) by personal delivery, overnight courier, or registered or certified mail to Honey Stinger, PO Box 771162, Steamboat Springs, CO 80477 USA. We may update the email address or address for notices to us by posting a notice on our Website. Notices provided by personal delivery will be effective immediately. Notices provided by email transmission or overnight courier will be effective one (1) business day after they are sent. Notices provided by registered or certified mail will be effective three business days after they are sent.

16.           Severability. If any provision of these Terms of Sale is held to be invalid, illegal, or unenforceable in any jurisdiction, such provision shall be deemed modified to the extent necessary to render it valid, legal, and enforceable, preserving the intent of the parties to these Terms of Sale as closely as possible. If such modification is not possible, the offending provision shall be severed from these Terms of Sale, and the remaining provisions shall continue in full force and effect. You and we agree that any court or arbitrator may "blue pencil" any provision found to be unenforceable, modifying it to the minimum extent necessary to make it enforceable. 

17.           Subscription Program. If you are enrolled in our subscription program through The Hive, you hereby agree to the terms set forth in our Subscription Services Policy (our “Subscription Policy”), which is incorporated herein by reference to the extent applicable. By participating in the subscription program, you acknowledge that you have read and understood the Subscription Policy and agree to abide by its terms.

Entire Agreement. Our order confirmation, these Terms of Sale, our Terms of Use, our Privacy Policy, our CA Privacy Policy, and our Subscription Policy will be deemed the final and integrated agreement between you and us on the matters contained in these Terms of Sale.