STEPHEN FORSTER

TERMS OF SERVICE

1. Account Information

   1. In order to access some features of the Websites, you may have to create an account. You may cancel your account with us at any time by emailing info@stephen-forster.com. We reserve to immediately terminate your account, and without prior notice to you if you violate the combined terms or if we otherwise believe it is necessary to protect our interests or the interests of others, including those not directly affiliated with Vineland.

   2. You acknowledge, consent, and agree that Vineland may access, preserve and disclose any Personal Information you provide to us in connection with your account ("Account Information") and any user intent if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to (I) comply with legal process, (II) enforce the combined terms, (III) respond to any claim that user content violates the rights of third parties, (IV) provide certain customized features of the Websites to you, if any, (V) respond if you contact Vineland for any reason, (VI) protect the rights, property, or personal safety of Vineland, its other users, and the public, or (VII) provide the Websites, which include for clarity, Vineland's services and/or products made available thereon.

   3. If you register an account, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and the information within it, and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe your account is no longer secure (for example, in the event of a loss, theft, or unauthorized disclosure or use of your account ID or password), you should immediately contact Vineland. You are solely liable for losses incurred by you, Vineland or others due to any unauthorized use of your account.

2. Offerings and Purchases

   1. The Websites may permit you to purchase certain products, services, or other materials, including products or services of a third party entity that is offered through the Websites ("Offerings"). The offerings are intended for personal use only. Vineland reserves the right to refuse to sell any offerings to you or an entity you may represent if it reasonably appears to us that you intend to resell such offerings. We further reserve the right to limit quantities of offerings purchased by such users or to refuse to provide any user with the offerings. Orders of special offerings (including limited-edition goods and services, pre-order offerings) may contain additional terms, which will be provided for each such offering on their respective webpage. Please read the terms listed for each offering on the applicable page of the Websites before placing your order. Vineland is not responsible if such terms are not understood before placing an order or purchasing a product or service.

   2. You acknowledge and agree that all information you provide with regards to the purchase of offerings, including, without limitation, credit card (including, but not limited to, Visa, MasterCard, American Express, Discover), PayPal, or other payment information, is accurate, current, complete, and maintained by you or the entity in which you represent. You represent and warrant that you have the legal right to use the payment method you provide to us or our payment processor, including, without limitation, any credit card you provide when completing a transaction. We reserve the right, with or without prior notice and in our sole and complete discretion, to (I) discontinue, modify, or limit the available quantity of any offerings, and (II) refuse to allow any user to purchase any offering or deliver such offerings to a user or a user designated address. When you purchase offerings, you (A) agree to pay the price for such offerings as set for on the applicable page of the Websites, and all shipping and handling charges and all applicable taxes in connection with your purchase (the "Full Purchase Amount"), and (B) authorize us to charge your credit card or other payment method for the full purchase amount. The Websites may allow you to purchase offerings and designate them to be delivered or provide at a future date, within a reasonable time frame, and with notice at the time of the transaction. In such instance, you acknowledge and agree that we may charge your credit card or other payment method for the full purchase amount on the date of the transaction, rather than on the ultimate date of delivery or provision of the applicable offering. Unless otherwise noted, all currency references are in U.S. Dollars. All fees and charges are payable in accordance with payment terms in effect at the time the fee or charge becomes payable. Payment can be made with credit card, debit card, or through PayPal or other means that may make available. Order will not be processed until payment has been received in full, and any holds on your account by PayPal or other service provider is solely your responsibility.

   3. We may offer certain promotional codes, referral codes, discount codes, coupon codes or similar offers ("Promotions" or "Promotional Codes") that may be redeemed for discounts on future offerings, or other features or benefits related to the Websites, subject to any additional terms that Vineland establishes. You agree that promotional codes: (I) must be used in a lawful manner; (II) must be used for the intended audience and purpose; (III) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise) unless expressly permitted by Vineland; (IV) may be disabled or have additional conditions applied to them by Vineland at any time for any reason without liability to Vineland; (V) may only be used pursuant to the specific terms that Vineland establishes for such promotional code; (VI) are not valid for cash or other credits or points; and (VII) may expire prior to your use.

   4. Tangible and/or digital gift cards containing stored money, credits, or value may be offered by us for the purchase of offerings ("Gift Cards" or "Gift Certificates"). Vineland does not make warranties with respect to your gift card balance is not responsible for any unauthorized access to your gift card balance, or alteration, theft, or destruction of a gift card or gift card code that results from any action by you or a third party. At our discretion, we may suspend or prohibit your use of a gift card if your gift card or gift card code is reported lost or stolen, or if we believe your gift card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner. If your gift card code stops working, please contact us to remedy the issue by replacing the gift card or the gift card code. By purchasing a gift card, you agree and represent and warrant to Vineland that your use of the gift card will copy with these combined terms and all applicable laws, rules and regulations. Gift cards cannot be used to purchase additional gift cards, reloaded, resold, used for payment outside of the Websites and their services or offerings, used for any unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for additional or like value, redeemed for cash, or returned for a cash refund (unless explicitly required by law). Gift cards do not expire. Vineland does not assess a service fee, inactivity fee or dormancy fee with respect to a gift card. Gift cards purchased outside of Vineland's Websites are not accepted on any of the Websites, and we may use our sole discretion at declining any user to use such gift cards as a way to perform a transaction.

   5. Vineland may, at any time, revise or change the pricing, availability, specifications, content, descriptions or features of any offerings. While we will attempt to be as accurate as we can in our descriptions for the offerings, we do not warrant that offering descriptions are accurate, complete, reliable, current, or error-free. The inclusion of any offerings for purchase through the Websites at a particular time does not imply or warrant that the offerings will be available at another time. We serve the right to change the prices for offerings displayed on the Websites at any time, and to correct pricing or product errors that my inadvertently occur (and to cancel any orders in our sole discretion that were purchased with pricing errors). All such changes shall be effective as currently as possible upon posting of such new offering prices to the Websites and/or upon making the customer aware of the pricing error. In addition, if you are an international user (E.G. residing outside the United States), you must determine, pay, collect, remit and report to the appropriate taxing authority the correct amount of all export and/or import taxes or duties payable upon export of the offering from its country of origin and import into your country. Vineland denies all responsibility for the reporting of offering prices or tax amounts to legal entities within, or outside of, the offering's country of origin.

   6. By placing an order for an offering, you consent to receiving electronic communications from Stephen Forster and/or Vineland. These electronic communications may include notes about applicable fees and charges, transaction information and other information concerning or related to our Websites. These electronic communications are part of your relationship with Stephen Forster and Vineland and you receive them as part of your offering order.

   7. Once we receive your order for an offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order nor does it constitute confirmation of our offer to sell; we are simply confirming we have received your order. We reserve there hight at any time after receiving your order to accept or decline your order for any reason and in our sole discretion. Verification of information may be required prior to our acceptance of any order. If we cancel an order after you have already been billed, then we will refund the entire billed amount. Order processing may take between one (1) to seven (7) days (not including weekends or holidays) and sometimes longer depending on the volume of orders. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We are not responsible for any lost, stolen, or damaged shipments. Except as expressly put forth in these combined terms, you are solely responsible for filing any claims with the applicable carrier for damaged and/or lost shipments of offerings. Users are responsible for paying additional shipping and handling fees to have any order re-shipped. We serve the right to ship partial orders (at no additional cost to you), and the portion of any order that is partially shipped may be charged at the time of shipment. Orders may be shipped in separate increments; in this case, Vineland is not responsible for extended fulfillment times on orders that may require separate shipped packages. All orders are shipped using one of our third party couriers. Online tracking may be made available at the courier's website (for example, FedEx), though we make no warranties regarding its availability or accuracy because it is not under our control. Vineland does not guarantee delivery by any specific date or time. Although Vineland will make reasonable effort to meet estimated dates, delivery offerings may take more or less time than esteemed and Vineland disclaims any loss, damage, or injury resulting from a delay in arrival or delivery. Refused packages will be considered forfeited and are not eligible for refund or credit.

   8. In furtherance of our policy of not collecting Personal Information from persons under the age of sixteen (16), users are not allowed to give Vineland the personal information of any persons under the age of sixteen (16) for delivery or shipping purposes or any other reason.

   9. All sales are final. We do not accept modifications to or cancellations of any order for an offering after it has been placed, and we do not accept returns or exchanges. For any questions regarding your order, please contact info@stephen-forster.com and include your order number in your message. In order for Vineland to provide the best customer service, please contact us with your concerns in writing within fourteen (14) days of placing your order or within seven (7) days of the delivery date of your order. Responses to such emails can vary (depending on the volume of requests, holidays, blackout dates, etc,).

   10. In addition to purchases on the Websites, the Websites may permit you to make purchases of our offerings, including through third party websites, specifically authorized resellers. The terms associated with your transactions for these offerings on third party websites are subject to the terms and conditions and privacy policies put forth by the third party websites. If you have problems or questions regarding a transaction with a third party website, please contact the third party website directly. If you have any questions about authorized resellers, please contact us.

   11. Vineland does not authorize the sale of offerings by unauthorized resellers and does not supply or sell offerings to unauthorized resellers. An order placed by an unauthorized reseller will be rejected and such unauthorized user may be excluded by Vineland from the Websites. Please be aware that there are some websites or delvers (E.G. Ebay, Amazon, Etsy, etc.) that claim to be authorized sellers but are not. When you purchase offerings from an unauthorized website, you acknowledge and agree that you are taking a risk because the offerings may be counterfeit, used, defective, or may not be designed or fit for use in your country. Please ensure that you only purchase offerings through the Websites or from an authorized reseller. This disclaimer is without prejudice to any rights consumers may have and to the extent permitted by applicable law.

3. Dealings with advertisers and other users.

   1. Your correspondence or business dealings with, or participation in promotions of, advertisers and other uses found on or through the websites are solely between you and such advertiser or user.

   2. You agree that Vineland will not be liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers or users on the Websites.

4. Links to third party websites

   1. Linking to the websites. You agree that if you include a link from any other website to one of the Websites, such link may open in a new browser or new browser window and link to the full version of an HTML formatted page of the applicable website. You are not permitted to link directly to any image hosted on the Websites, such as using an "in-line" linking method to cause the image hosted on the Websites to be displayed on another website. You agree not to download or use images hosted on the Websites on another website, for any purpose, including, without limitation, posting such images on another website. You agree not to link from any other website to the Websites in any manner such that the Websites, or any page of the Websites, is "framed," surrounded or obfuscated by any third party content, materials or branding. We reserve all or our rights under the law to insist that any link to the Websites be entirely discontinued from any other website any time.

   2. Reference sites. Vineland, users and other third parties may provide links on websites to other websites, including the content therein ("Reference Sites"). Vineland has no control over such reference sites or their content, and therefor makes no claim or representation regarding, and expressly disclaims responsibility for, the accuracy quality, legality, nature, available, or reliability of reference sites or other content linked to by the Websites. Vineland provides links to you only as a convenience, and the including of any link to the websites does not imply our affiliation, endorsement, or adoption of the linked reference site or other content or any information therein. If you choose to correspond or engage in transactions with any other person, organization or business fond on our through the Websites, you acknowledge and agree that we are not a party to, and will not be responsible for, your interaction with such person, organization or business, including its treatment of your information, your user content, and/or the terms and conditions applicable to any transaction between you and such third party. You agree that we have no responsibility or liability for any loss or damage of any kind that you may suffer as the result of any such interaction or the presence of such person, organizations or business on the Websites. Access and use of the reference sites, including the information, content, products, materials, and services on reference sites or available through reference sites, is solely at your own risk. The combined terms do not govern your use of any other site other than the Websites. You should review applicable terms and policies, including the privacy and date gathering practices, or any reference sites.

5. Service Availability. Vineland may make changes to or discontinue any of the media, web communities, products, or services available within the Websites at any time, and without notice. The media, products, or services on the Websites may be out of date, and Vineland makes no commitment to update these materials on the Websites.

6. Feedback. You agree that any feedback, analysis, suggestions and comments to Vineland provided by you regarding the Websites (collectively, "Feedback") will become the property of Vineland. In consideration of Vineland providing access to the Websites free of charge or, in the case of feedback using features of the Websites for which you must pay a fee, then as further consideration for your access to such features, user hereby assigns to Vineland all right, title and interest, including all intellectual property rights, in and to the feedback. Without limiting the generality of the foregoing, users agree that Vineland shall have the perpetual, irrevocable and worldwide right to use, copy, display, perform, display, translate, license, sublicense and otherwise exploit all or part of the feedback or any derivative thereof in any embodiment, manner or media now known or hereafter devised without any remuneration, compensation or credit to user. User represents and warrants that user has the right to make the foregoing assignment and to grant to Vineland the rights granted under this Section 16 and that any feedback which is provided by user to Vineland does not infringe any third-party intellectual property rights. Notwithstanding the foregoing assignment, Vineland grants to you a non-exclusive, non-transferable, non-sublicensable, world-wide, perpetual and irrevocable license to use the feedback for your own personal, on-commercial purposes that do not compete, directly or indirectly, with our use of such feedback.

7. User disagreements. You are solely responsible for your involvement and interactions with other uses of the Websites. Vineland reserves the right, but has no obligation, to monitor disagreements between you and other users. To the fullest extent permitted by applicable law, Vineland disclaims all liability related to any user disagreement. You agree that Vineland's resolution of any such disputes will be final and binding.

8. Terms and conditions violations; Termination. You agree that Vineland may terminate any account (or any part thereof) you may have through the Websites or your use of the Websites, and remove and discard all or any part of your account or any user content if you violate the terms and conditions or use your account in a way that violates the rights and interests of Vineland or others. Therefore, you agree that your access to the Websites or any account you may have or portion thereof may be terminated, and you agree that Vineland shall not be liable to you or any third party for any such termination. Vineland will use commercially reasonable efforts to provide you with prior notice before any such termination. These remedies are in addition to any other remedies Vineland may have at law or in equity.

9. Indemnification. Subject to the next section, you agree to indemnify and hold harmless Vineland and its parent, subsidiaries, affiliates or any related companies (including those which share substantial common ownership), and the officers, directors, employees, agents and representatives of any of them from any and all claims, losses, damages, obligations, liabilities, costs, debt, and expenses (including attorney's fees) arising out of (A) your use or misuses of the Websites, (B) your user content, including Vineland's use, display or other exercise of its license rights granted herein with respect to your user content, (C) your violation of these combined terms, (D) your violation of the rights of any other person or entity, including claims that any user content infringes or violates any third party intellectual property rights, (E) your breach of the foregoing representations, warranties, and covenants, and (F) any unauthorized use of your account not caused by Vineland. Vineland reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any matter giving rise to your indemnification obligations without the prior written consent of Vineland. Vineland will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

10. Disclaimers; No Warranties.

    1. Acknowledgement. You expressly acknowledge that as used in this Section 20, and Sections 21 and 22 below, the term Vineland include's Vineland's parent, subsidiary, affiliated and other related companies (including those which share substantial common ownership) and each of their owners, officers, directors, employees, shareholders, members, agents and subcontractors.

    2. No warranties. Subject always to Section 22(A), Vineland disclaims all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement of proprietary rights. No advice or information, whether oral or written, obtained by you from Vineland or through the Websites, will create any warranty not expressly stated herein.

    3. "As is" and "as available" and "with all faults." You expressly agree that the use of the Websites is at your sole risk. The Websites, user content, and any other third party media, content, software, goods, services or applications made available in conjunction with or through the Websites are provided on an "as is" and "as available", "with all faults" basis and without warranties or representations of any kind, either express or implied.

    4. Operation of the Websites and Non-Vineland Content. Vineland does not warrant that the Vineland materials, user content, Non-Vineland Content, Websites, or any other information offered on or through the Websites or any reference sites will be uninterrupted, or free of errors, viruses, or other harmful components and does not warrant that any of the foregoing will be corrected.

    5. Accuracy. Vineland does not warrant or make any representations regarding the use or the results of the use of the Websites or any reference sites in terms of correctness, accuracy, reliability, or otherwise.

    6. Harm to your computer or other device. You understand and agree that using, accessing, downloading, or otherwise obtaining information, materials, or data through the Websites (including RSS feeds) or any reference sites through your computer, laptop, tablet, smart device, phone, or other device able to connect to the Websites is at your own discretion and risk and that you will be solely responsible for any damage to your property (including, but not limited to, the devices mentioned above) or loss of data that results from the use or download of, or other access to such material or data.

11. Limitation of Liability and Damages

    1. Limitation of Liability. Subject to Section 22(A), under no circumstances, and under no legal theory, including, but not limited to, negligence, shall Vineland or its third party partners, licensors or suppliers, be liable for any special, indirect, incidental, consequential, or exemplary damages (including, without limitation, loss of profits, data or use or cost of cover) arising out of or relating to these terms or that result from your use of, or the inability to use, the Vineland materials and user content on the Websites or any reference sites, the Websites themselves, or any other interactions with Vineland, even if Vineland has been advised of the possibility of such damages.

    2. Limitation of Damages. Subject always to Section 22(A), in no event shall Vineland or its third party partners, licensors or suppliers' total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of the Websites (whether in contract, tort (including negligence), warrant, or otherwise) exceed the greater of one hundred dollars (USD $100) or one-half of the annual fees paid by you to Vineland (if applicable) in the twelve (12) months immediately preceding the date that such claim arose.

    3. Third party products and services. Some users may use the Websites to market products and/or services. The above limitations shall also apply with respect to damages incurred by reason of any such products or services marketed, sold or provided by users, or otherwise by third parties other than Vineland and received by you through or advertised on the Websites or third party sites, including without limitation any reference site(s).

12. Limitation by applicable law; Basis of the bargain

    1. Limitations by applicable law. Certain jurisdictions do not allow limitations on, or disclaimers of, implied warranties or the exclusion or limitation of certain damages. If you reside in such a jurisdiction, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights. The limitations, disclaimers or exclusions of warranties, remedies, or liability contained in these terms apply to you to the fullest extent such limitations, disclaimers or exclusions are permitted under the laws of the jurisdiction in which you are located.

    2. Basis of the bargain. You acknowledge and agree that Vineland has offered its products and services and entered into these terms in reliance upon the warranty disclaimers and the limitations of liability set forth herein, that the warranty disclaimers and the limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and Vineland, and that the warranty disclaimers and the limitations of liability set forth herein from an essential basis of the bargain between you and Vineland. You acknowledge and agree that Vineland would not be able to provide the Websites to you on an economically reasonable basis without these limitations.

13. Digital Millennium Copyright Act Compliance.

    1. Infringement Claims. If you are a copyright owner or an agent thereof, and believe that any user content or other Non-Vineland Content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing our copyright agent with the following information (see 17 U.S.C. 512(C)(3) for further detail):

       1. A physical or electronic signature of a person authorized to act on behalf of the owner or entity of an exclusive right that is allegedly infringed;

       2. Indemnification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative listing of such works or a link or URL to all such works;

       3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity on the Websites that is to be removed or access to which is to be disabled, including information reasonable sufficient to allow use to location such material on the Websites (such as a link or URL);

       4. Information reasonably sufficient to permit Vineland to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;

       5. A statement that you as the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright law, its agent, or the law; and

       6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

       7. Vineland can be contacted for any reasons regarding copyright or notifications of claimed infringement at:

          1. 2655 Bahamas Way, Grand Junction, Colorado, 81506

          2. Email: info@stephen-forster.com

       8. Failure to include all of the above information, specifically the information about where infringing content may be found, will result in a delay in the processing of your infringement notification and may result in your having to repeat some or all of the above process.

       9. Notice and takedown. If we receive proper notification of claimed copyright infringement, we will respond expeditiously by removing, or disabling access to, the material that is claimed to be infringing, as described below, or to be the subject of infringing activity. We will also comply with the appropriate provisions of the DMCA or local laws where applicable as per para (E) below in the event a counter-notification is received, as described below.

       10. We may, at our discretion, deny access to the Websites by, or disable and/or terminate the accounts of, users who may be infringers (including repeat infringers).

       11. Copyright counter-notices. If content you posted on the Websites was removed for copyright or intellectual property infringement, and you would like to dispute that removal, the process for counter-notifications, which is governed by Section 512(G) of the DMCA, is as follows:

           1. To file a counter-notification with us, you must provide our copyright agent, at the address set forth above, with a written communication that sets forth the items specified below.

           2. Please note that under section 512(F) of the DMCA, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability. Please also be advised that we enforce a policy that provides for the termination, in appropriate circumstances, of the accounts of (or access privileges by) users who are infringers. Accordingly, if you are unsure whether certain material infringes your copyright or the copyrights of others, we suggest you first contact an attorney.

       12. Elements of counter-notification. To expedite our ability to process your counter-notification, please use the following format (including section numbers):

           1. Identify the specific URLS of (or other information sufficient to allow us to identity) material that Vineland has removed or to which Vineland has disabled access to.

           2. Provide your full name, address, telephone number, email address and, if you are a registered user, the user name of your Vineland account.

           3. Include the following statement: "I swear, under penalty of perjury, that I have good faith to believe that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."

           4. Sign the notice. If you are providing notice by email, a scanned physical signature or a valid electronic signature will be accepted. Please send the communication to the following address:

              1. Vineland, LLC

              2. 2655 Bahamas Way, Grand Junction, Colorado, 81506

              3. Email: info@stephen-forster.com

           5. After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please not that when we forward the counter-notification, it includes any of your identifying information set forth in the counter-notification. By submitting a counter-notification, you consent to having such information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.

           6. After we send out the counter-notification, the claimant must then notify us within ten (10) business days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the material on the Websites. If we receive such notification, we will be unable to restore the items. If we do not receive such notification, we may, but are by no means obligated to, resonate the disputed item(s).

       13. Foreign counter-notification. If you resides outside of the United States of America, please understand that filing a counter-notice may lead to legal proceedings between you and the complaining party to determine ownership. Be aware that there may be adverse legal consequences in your country and/or the United States of America if you make a false or bad faith allegation by using this process. Please also be advised that we enforce a policy that provides for the termination in appropriate circumstances of access privileges for users who are infringers. So, if you are not sure whether content you posted on the Websites is being infringed, or are otherwise unsure of whether to file a counter-notification using these procedures, we strongly recommend you first contact a lawyer knowledgable in the laws of the United States and the State of Colorado. If you do wish to file a counter-notice, you should follow the process set forth above under the "Elements of counter-notification."

       14. Disclaimer: We are not your attorneys, and the information we present here is not legal advice. We present this information for informational purposes only.

14. Arbitration and Class Action Waiver

    1. Please read this section carefully - It may significantly affect your legal rights, including your right to file a lawsuit in court and to have a jury hear your claims. It contains procedures for mandatory binding arbitration and a class action waiver.

       1. Informal process first. You and Vineland agree that in the event of any dispute relating in any way to the Websites and Vineland's services and/or products, including any use or access or lack of access thereto, either party will first contact the other party and make a good faith sustained effort to resolve the dispute before resorting to more formal means of resolution, including without limitation, any court action, after first allowing the receiving party thirty (30) days in which to respond. Both you and Vineland agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.

       2. Arbitration agreement and class action waiver. After the informal dispute resolution process, any remaining dispute, controversy, or  claim (collectively, "Claim") relating in any way to the Vineland's services and/or products, and any use or access or lack of access thereto, will be resolved by arbitration, including threshold questions of arbitrability of the claim. You and Vineland agree that any claim will be settled by final and binding arbitration, using the English language, administered by jams under its comprehensive arbitration rules and procedures (the "Jam Rules") then in effect (those rules are deemed to be incorporated by reference into this section, and as of the date of these terms, including amended dates). Because your contract with Vineland, these combined terms, and this arbitration clause concern interstate commerce, the Federal Arbitration Act ("FAA") governs the arbitrability of all disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit. Arbitration will be handled by a sole arbitrator in accordance with the Jams Rules. Judgement on the arbitration award may be entered in any court that has jurisdiction. Any arbitration under these combined terms will take place on an individual bases - class arbitration and class actions are not permitted. You understand that by agreeing to these combined terms, you and Vineland are each waving the right to trial by jury or to participate in a class action or class arbitration.

       3. Exceptions. Notwithstanding the foregoing, you and Vineland agree that the following types of disputes will be resolved in a court of proper jurisdiction:

          1. Disputes or claims within the jurisdiction of a small court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual dispute and not as a class, representative, or consolidated action or proceeding;

          2. Disputes or claims where the sole form of relief south is injunctive relief (including public injunctive relief); or

          3. Intellectual Property Disputes

             1. Costs of arbitration. Payment of all filing, administration, and arbitrator costs and expenses will be governed by the Jams Rules, except that if you demonstrate that any such costs and expenses owed by you under those rules would be prohibitively more expensive than a court proceeding, Vineland will pay the amount of any such costs and expenses that the arbitrator determines are necessary to prevent that arbitration from being prohibitively more expensive than a court proceeding (subject to possible reimbursement as set forth below).

                1. Fees and costs may be awarded as provided pursuant to applicable law. If the arbitrator finds that either the substance of your claim or the relief sought in the demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedures 11(B)), then the payment of all fees will be governed by the Jams Rules. In that case, you agree to reimburse Vineland for all monies previously disbursed by it that are otherwise your obligation to pay under the applicable rules. If you prevail in the arbitration and are awarded an amount that is less than the last written settlement amount offered by Vineland before the arbitrator was appointed, Vineland will pay you the amount it offered in settlement. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within fourteen (14) days of the arbitrator's ruling on the merits.

             2. Opt-out. You have the right to opt-out and not be bound by the arbitration provisions set forth in these combined terms by sending written notice of your decisions to pot-out to info@stephen-forster.com or the U.S. mailing address listed in the "Disclosures and Contact Information" section of these combined terms. The notice must be sent and stamped within thirty (30) days of your first registering to use the services or agreeing to these combined terms; otherwise you shall be bound to arbitrate disputes on a non-class basis in accordance with these terms. If you opt out of only the arbitration provisions, and not also the class action waiver, the class action waiver still applies. You may not opt out of only the class action waiver and not also the arbitration provisions. If you opt-out of these arbitration provisions, Vineland also will not be bound by them.

             3. Waiver of right to bring class action and representative claims. To the fullest extent permitted by applicable law, you and Vineland each agree that any proceeding to resolve any dispute, claim, or controversy will be brought and conducted only in the respective party's individual capacity and not as part of any class (or purported class), consolidated, multiple-plaintiff, or representative action or proceeding ("Class Action"). You and Vineland agree to waive the right to participate as a plaintiff or class member in any class action. You and Vineland expressly waive any ability to maintain a class action in any forum. If the dispute is subject to arbitration, the arbitrator will not have the authority to combine or aggregate claims, conduct a class action, or make an award to any person or entity not a party to the arbitration. Further, you and Vineland agree that the arbitrator may not consolidate proceedings for more than one person's claim(s), and it may not otherwise preside over any form of a class action. For the avoidance of doubt, however, you can seek public injunctive relief to the extent authorized by law and consistent with the exceptions clause above.

             4. If this class action waiver is limited, voided, or found unenforceable, then, unless the parties mutually agree otherwise, the parties' agreement to arbitrate shall be null and void with respect to such proceeding so long as the proceeding is permitted to proceed as a class action. If a court decides that the limitations of this section are deemed invalid or unenforceable, any putative class, private attorney general, or consolidated or representative action must be brought in a court of proper jurisdiction and not in arbitration.

15. Miscellaneous

    1. E-mail. The Websites may allow us to contact you via the E-mail you provide when (A) registering an account; (B) purchasing or proceeding with a transaction; (C) using our Websites and their services, and; (D) contacting us under any rules combined with these terms. You agree that Vineland and/or our affiliates may contact you via the provided E-mail at any time by you or on your behalf in connection with your use of the Websites, including for marketing purposes. You understand that you are not required to provide this consent as a condition of purchasing products or accessing and using the Websites' services. You also understand that you may opt-out of this by completing a change of preferences at the bottom of any given E-mail. If you do not choose to opt-out, Vineland and/or our affiliates may contact you as outlined in our Privacy Policy.

    2. Notice. Vineland may provide you with notices, including those regarding changes to these combined terms, by E-mail, regular mail, or postings on the Website. If notice is by E-Mail or mail, it will be provided to the E-Mail or regular mailing address provided by you with your account information and it is your responsibility to accurately update such account information for any changes. Notice to you will be deemed given twenty-four (24) hours after an email is sent, unless Vineland is notified that the email address is invalid, and if through postal mail, three (3) days after the date of mailing. You may provide Vineland with notices only by mail to the address in Section 25(4) below.

    3. Entire Agreement. This is the entire agreement between you and Vineland, their affiliates, subsidiaries, and employees relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter, excluding any services agreement that you may have entered into with Vineland. These combined terms shall not be modified except in writing, signed by both parties, or by a change to these combined terms by Vineland as set forth in Section 3 above.

    4. Disclosures and Contact Information. Vineland, LLC, located at: 2655 Bahamas Way, Grand Junction, Colorado, 81506. The Websites and services hereunder are offered by Vineland, LLC and or its affiliates. Vineland, LLC is located at 2655 Bahamas Way, Grand Junction, Colorado, 81506. You can also contact us at info@stephen-forster.com.

16. Supplemental Terms - Users in the European Union.

    1. If you are an EU user, sections 4 (Access and linking to the websites), 12 (Offerings and purchases), 13(B) (Dealings with advertisers and other users), 15 (Services availability), 19 (Indemnification; Hold Harmless), 20 (Disclaimers; No Warranties), 21 (Limitation of Liability and Damages), 24 (Arbitration and class action waiver) and 25(B) (Governing Law and Jurisdiction) of the terms will be replaced by the terms set out below (the "EU Terms").

       1. Warranties. We do not guarantee that the Websites are or will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programs and platform to access our Websites. You should use your own virus protection software.

       2. Purchases made in the EU. If you are an EU user and you make a purchase through our shop, you have a legal right to change your mind within fourteen (14) days and receive a refund. You do not have a right to change your mind in respect of: any apparel item deemed by Vineland to show obvious signs of use, any item that is not in its original condition for reasons not due to an error on the part of Vineland, any physical media (CDs, DVDs, vinyl, etc.) that has been opened (removed from its plastic wrap), underwear or bathing suits, music or book pre-orders, any autographed, collectible items, any downloadable media bundles, anything listed as Limited Edition, sale or clearance items. For purchase of services, you have fourteen (14) days after the day we email you to confirm we accept your order. However, once we have completed the services you cannot change your mind, even if the period is still running. If you cancel after we have started the services, you must pay us for the services provided up until the time you tell us that you have changed your mind. For digital content for download or streaming, you have fourteen (14) days after the day we email you to confirm we accept your order, or, if earlier, until you start downloading or streaming. If we delivered the digital content to you immediately, and you agreed to this when ordering, you will not have a right to change your mind. For goods, you have fourteen (14) days after the day you (or someone you have nominated) receives the goods (or the first delivery of the goods, if several deliveries). If you have changed your mind, please let us know by emailing us at info@stephen-forster.com with your order number. If you tell us you have changed your mind after goods have been dispatched to you or you have received them, you must return them to us at your own cost. You must return the goods by posting the back to us at:

          1. Vineland, LLC

          2. 2655 Bahamas Way, Grand Junction, Colorado, 81506

          3. United States

       3. You must return the goods within fourteen (14) days of telling you with to end the contract. We will refund you the price you paid for the products including the original delivery costs, by the method you used for payment. The maximum refund for delivery costs will be the costs of delivery by the least expensive delivery method we offer. For example, if we offer delivery within five (5) to seven (7) days at one cost but you choose to have the goods delivered within twenty-four (24) hours at a higher cost, then we will only refund you what you would have paid for the cheaper delivery option. Where the product is a service, we may deduct from any refund an amount for the supply of the service for the period for which it was supplied, ending with the time when you told us you had changed your mind. The amount will be in proportion to what has been supplied, in comparison with the full coverage of the contract. If the products are goods, your refund will be made within fourteen (14) business days from the day on which we receive the product back from you or, if earlier, the day on which you provide us with evidence that you have sent the product back to us. In all other cases, your refund will be made within fourteen (14) days of your telling us you have changed your mind.

       4. As is and as available basis. Subject to these EU Terms (including subsections (5), (6), and (7) below), you expressly agree that the Websites are provided on an "as is" and "as available" basis.

       5. No liability for unforeseeable loss and damage. Vineland is not responsible for loss or damage resulting from your use of the Websites that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you acknowledge and agree to these combined terms, both Vineland and you are aware that it might occur.

       6. No liability for commercial losses. The Websites are provided for private, non-commercial use only. Vineland has no liability for any loss of profit, loss of business, loss of contract, business interruption, or loss of business opportunity in connection with your use of the Websites.

       7. Exclusions prevented by law. Nothing in these combined terms excludes or limits Vineland's liability for: (I) fraud or fraudulent misrepresentation, (II) death or personal injury caused by negligence, or (III) any other liability which cannot be excluded or limited by applicable law. Vineland and you agree that Vineland's liability in respect of the claims under these combined terms or in relation to use of the Websites is limited to a maximum of the sum of the amounts paid by you to Vineland (if any) in relation to use of the Websites in the twelve (12) months preceding the date of the claim. With regard to customers in Germany only, the following shall also apply: Nothing shall limit or exclude our liability for damages caused by intentional misconduct, gross negligence or culpable breach of an essential contract duty. An essential contractual duty is an obligation whose fulfillment is a prerequisite for enabling the proper performance of the contract and on whose fulfillment you may reasonable expect to be able to rely on.

       8. Disputes; Governing Law. For EU Users, these combined terms, and the use of the Websites and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales, subject only to any mandatory provisions of consumer law in the country in which you reside. You irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims).