Terms of Use

  1.   General Terms. This website (www.rapidwavemedia.com, or www.mediashoppes.com or the “Site”) is owned and operated by Rapid Wave Media LLC. (“Rapid Wave Media”). Throughout the Site, the terms “we”, “us” and “our” refer to Rapid Wave Media and all affiliates and subsidiaries. Rapid Wave Media offers this Site, including all information, tools, and services available from this Site to you, the user, conditioned upon your acceptance of the terms, conditions, policies and notices stated here.
    • 1.1   By Use, You Consent to these Terms. By visiting or shopping on this Site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”). The Terms include additional terms, conditions, and policies referenced in this document or available by hyperlink. The Terms apply to all users of the Site, including users who are browsers, vendors, customers, merchants, or contributors of content.
    • Please read these Terms carefully before visiting, shopping on, or otherwise using our Site. By using any part of the Site, you agree to be bound by these Terms of Use without modification of any kind. If you do not agree to any and all of our Terms of Use as set forth below, then you may not use the Site or any Service.
    • This Site is intended for U.S. residents. Any deliveries requested for addresses outside the U.S. are subject to refusal by Rapid Wave Media.
    • The headings are included for convenience only and will not limit or otherwise affect these Terms.
    • 1.2   No Unauthorized Use. You may not amend, copy, distribute, send, display, publish, license, create derivative works from, transfer, or sell any information, software, products, or sources from this Site without our advance written permission. No rights or interests in any downloaded materials are transferred to you as a result of your downloading, copying, or printing any such materials.
    • 1.3   Updates to the Terms and the Site. Rapid Wave Media reserves the right to update, delete, replace, or otherwise change all or any part of these Terms of Use by posting such changes to the Site, but we have no obligation to update any information on the Site at any time. Any modifications to this Site will also be subject to these Terms of Use. You can review the most current version of the Terms of Use at any time on this page. It is your responsibility to check this page from time to time to review the changes. Your continued use of or visit to the Site following the posting of any changes constitutes your acceptance of such changes.
    • 1.4   No Illegal Use. You may not use this Site or our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
    • 1.5   Consequence of Breach. A breach or violation of any of the Terms will result in an immediate termination of your access to this Site and your right to utilize the Services. We reserve the right to refuse Service to anyone for any reason at any time.
    • 1.6   COPPA Compliance. The Children’s Online Privacy Protection Act (COPPA) protects the online privacy and personal information of children under 13 years of age. In compliance with this act, Rapid Wave Media does not promote online to children and does not knowingly request or collect personal information from any person under 13 years of age through the Site without prior verifiable parental consent. Children under the age of 13 must be signed up by their parents and use a parent’s email address in order to receive email updates.
  2.   Privacy. Please review our  privacy policy which also relates to your use of the Services, to understand our privacy practices.
  3.   Online Store Terms.
    • 3.1   Product Displays and Descriptions. We have made every effort to display as accurately as possible the colors and images of our products. We cannot guarantee that your computer monitor’s display of any color will be accurate. All descriptions of products are subject to change at any time without notice, in our sole discretion.
    • 3.2   Pricing. Rapid Wave Media is committed to offering quality merchandise at fair, competitive prices. In most cases, the prices on this Site will reflect store prices. However, there may be some exceptions. Prices shown on this Site expire at midnight Central time on the date displayed for the item. Prices and sales are subject to change without notice.
    • 3.3   Tax. Rapid Wave Media operates in the State of Alabama. Sales tax will be applied to your order. All applicable taxes will be clearly displayed on your order at order completion time. Tax rates are subject to change at any time.
    • 3.4   Orders. Before you submit your order, you will be given the opportunity to review your selections, check the total price of your order, and correct any input errors. All information on the Site is an invitation only and is not an offer or unilateral contract. Your order represents an offer by you to purchase the selected merchandise.
      • (a)   We will acknowledge receipt of your order without delay by sending an electronic confirmation or email. Please note, however, that such confirmation or email does not constitute acceptance of your order. No contract with respect of any of our merchandise exists between you and us until your order has been expressly accepted by us. If we do not accept your offer and funds have already been deducted from your account, the funds will be fully refunded.
      • (b)   All orders are subject to acceptance by us, and we will confirm such acceptance to you by sending you an e-mail or text message that confirms that the merchandise has been shipped (the “Shipment Confirmation”). A contract for the purchase of a product between you and us (a “Contract”) will only be formed once we send you the Shipment Confirmation. The Contract will relate only to the products that have been shipped as confirmed by the Shipment Confirmation. We will not be bound to supply any other product which may have been part of your order until the shipment of such product has been confirmed in a separate email or text message.
    • 3.5   Limitations and Refusals of Orders. We reserve the right from time to time to limit the sales of our merchandise or Services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any merchandise or services that we offer. We reserve the right to discontinue any merchandise at any time. Any offer for any merchandise or service made on this Site is void where prohibited by applicable law.
    • We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per credit or debit card, per household, or per order. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail or billing address/phone number provided at the time the order was made.
    • We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
    • 3.6   Availability. Certain products or services may be available exclusively online through the Site. These products or services may have limited quantities and are subject to return or exchange only according to our Online Return Policy described in Section 4.2. Occasionally, orders for an item exceeding our supply are received. If we are unable to fulfill your order, you will be notified and your credit/debit card or PayPal® account, as applicable, will not be charged.
    • 3.7   Payment. Your credit/debit card or PayPal® account will be charged at the time the order is placed. To place an order you must confirm to us the name that appears on the card or account to be charged, the card or account number, the expiry date of the card, and the card security code. We will use our best efforts to keep all credit/debit card or account information strictly confidential. We will never intentionally share such information without your express permission.
    • Please note that the billing address for your account must be the exact same address as the one registered for the credit or debit card you use for payment, as some banks use AVS (Address Verification System).
    • If any sum due from you cannot be charged to your card or account for any reason (including due to a “stop payment” request or refusal by the issuer of the card), the sale will be cancelled immediately.
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3.8   Delivery.

      • (a)   Carriers. Our shipping service providers are FedEx, UPS, and USPS. We choose the carrier based upon the service available for your ship-to location and the method of delivery (e.g. standard, expedited or next business day) you select.
      • (b)   Processing Times. Delivery times do not include processing time. Processing time for in stock items is approximately two business days. If the merchandise is not in stock, you will receive an email notification regarding any related delays.
      • (c)   Delivery Times. Standard delivery time is five to seven business days after shipping. Orders requesting Expedited or Next Business Day service ordered prior to 12:00 pm Central time on Monday through Friday are shipped the same day. Orders requesting Expedited or Next Business Day service ordered on Monday through Friday after 12:00 pm Central time, or on Saturday, Sunday, or a holiday will be shipped the following business day. You can expect delivery in two business days for Expedited service and one business day for Next Business Day service after shipping. Expedited shipping and Next Business Day shipping are not available for P.O. Box, APO/FPO addresses, Alaska, Hawaii, or U.S. Territories.
      • Please allow two to eight weeks for delivery to APO/FPO addresses. Please note that due to restrictions at APO/FPO postal facilities, we are unable to ship over sized or heavy items to APO/FPO addresses.
      • (d)   Notifications. When your order ships, we will send you an email notification that includes the name of the carrier and a tracking number. We will also send an email notification when your purchase has been delivered.
      • (e)   Shipping Fees. Shipping fees are calculated for each address and are based on the order amount being shipped to that address.
      • (f)   Multiple Shipments. Items in a multi-item order may be shipped separately and from different locations.
      • (g)   Shipping Restrictions. Rapid Wave Media does not ship fragrances, aerosols, and alcohol-based merchandise via Expedited service, Next Business Day service or to P.O. boxes, military facilities, or outside the continental United States. Please select Standard delivery service for the shipment of these items.
      • 1.   Standard Shipping Fees. The following fees will apply to your order, as applicable:

 

  • 2.    Free Shipping. Free Standard shipping on orders with merchandise totaling $150.

 

  • 3.   Additional Shipping Fees. Items that are very large or fragile, including without limitation certain electronic items, may include an additional shipping charge.
  1.    Returns and Exchanges. We trust you will be satisfied with your Rapid Wave Media purchase. However, should you decide the merchandise is not satisfactory, Rapid Wave Media return and exchange policies are set forth below.
    • 4.1   In-Store Return Policy.
      • (a)   Restrictions. The following items are non-returnable and non-exchangeable: (1) clearance merchandise marked down 65% or more; (2) customized and/or printed products; and (3) customized and/or printed garments (4) custom art approved. The foregoing limitations on returns and exchanges does not apply to merchandise that is damaged, defective or shipped in error.
      • (b)   Requirements. With respect to a returnable item purchased in our stores, Rapid Wave Media will issue a refund for the item at any Rapid Wave Media store if each of the following conditions has been met: (1) order is absent a print approval; (2) the merchandise is in its original, unused condition unless there is a manufacturer’s defect; (3) the merchandise is accompanied by either the original Rapid Wave Media receipt or the original Rapid Wave Media proof of purchase label; and (4) all merchandise tags remain attached. Rapid Wave Media does not issue Price Adjustments.
      • (c)   Refunds for Returned Merchandise. For all eligible returns, Rapid Wave Media will issue a refund in the form and amount of the original tender paid (including sales tax) or a Rapid Wave Media merchandise credit, at the customer’s choice. Refunds for check purchases will have a ten (10) day waiting period before a cash or check refund is issued.
      • (d)   Gift Returns. Must meet the return requirements in 4b and will be issued as a Rapid Wave Media gift card or merchandise credit.
    • 4.2   Online Return Policy.
      • (a)   Restrictions.The following items are non-returnable and non-exchangeable: (1) sale items (2) custom printed goods including garments; and (3) personalized merchandise. The foregoing limitations on returns and exchanges does not apply to merchandise that is damaged, defective or shipped in error.
      • (b)   Requirements. With respect to returnable items purchased on this Site, Rapid Wave Media will issue a refund for the item if each of the following conditions are met: (1) no more than 5 calendar days have passed from the date of purchase, (unless the face of the packing slip or the item’s product page indicates that a longer return period is available); (2) the merchandise is in its original, unused condition unless there is a manufacturer’s defect; (3) the merchandise is accompanied by either the original Rapid Wave Media receipt or the original Rapid Wave Media Proof of Purchase Label, which information is included on the packing slip for all Rapid Wave Media direct orders; (4) if the merchandise is footwear, it must be accompanied by its original box; and (5)all merchandise tags remain attached. Rapid Wave Media does not issue Price Adjustments.
      • (c)   Instructions for Online Returns.
        • 1.  We recommend that you insure the package and ship via a traceable method.
        • 2.  Re-pack the merchandise along with your receipt. You may use the original box.
        • 3.  Affix a return label to the box. Be sure to cover or remove any previous labels. Rapid Wave Media offers a return label you can print from your computer and attach to the return package (click here to Print a Return Label). You will be charged $9.95 for use of this return label. If you choose to ship without using the Rapid Wave Media return label, please return the merchandise to the following address:

   Rapid Wave Media

   1260 Perry Hill Road

   Montgomery, AL 36109

        • 4.  If using the Rapid Wave Media return label, drop your return at any USPS (U.S. Mail) location. Otherwise, please take your package to the carrier of your choice, in which case you will be responsible to pay for all applicable shipping fees.
      •  
      • (d)   Refunds for Returned Merchandise. Your refund should process within 7-10 business days after shipment. No refunds are given on shipping and handling charges. Rapid Wave Media will issue a refund in the form and amount of the original tender paid (including sales tax) or a Rapid Wave Media gift card or merchandise credit, at the customer’s choice.
      • (e)   Gift Returns. If you wish to return merchandise purchased online that you received as a gift, it must meet the returns requirement policy for and you may mail the merchandise back to us in accordance with the instructions above or return it to any Rapid Wave Media store in exchange for a Rapid Wave Media gift card or merchandise credit. You should contact the store first at (334) 356-5524 to receive a returns approval code. You will be responsible for any related shipping fees.
    • 4.3   Exchanges. If you exchange eligible merchandise, your account will be credited for the return and a sale rung for the new merchandise. If you wish to exchange eligible merchandise purchased online, you may return it to a Rapid Wave Media store or ship back to Rapid Wave Media in accordance with the instructions in Section 4.2(b). You will be responsible for any related shipping fees
  1.    Billing and Account Information. You agree to provide current, complete and accurate purchase and account information for all purchases made on this Site. You agree to promptly update your account and other information, including your email address and debit or credit card numbers.
  2.    Changes to the Site. Occasionally there may be information on our Site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to merchandise descriptions, pricing, promotions, offers, merchandise shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by applicable law. No specified update or refresh date applied in the Service, on the Site, or on any related website, should be taken to indicate that all information in the Service, on the Site, or on any related website has been modified or updated.

  1.   Intellectual Property. All content of this Site, including, but not limited to, artwork, graphics, images, illustrations, photographs, text, video, audio clips, logos, and designs are the sole and exclusive intellectual property of Rapid Wave Media or third parties who have licensed the materials to us. All content is protected by copyright, trademark, trade dress, and other intellectual property laws of the United States and other countries, including without limitation laws that restrict the copy, distribution, publishing, or transmission of such content. The unauthorized reproduction or distribution of a copyrighted work is illegal and no portion of this Site may be copied, distributed, published, or transmitted without the express written consent of Rapid Wave Media.

Users of this Site may download and print materials from this site for personal, non-commercial use related to placement of an order or shopping with Rapid Wave Media, provided that any such copy must contain this notice.

All of this Site’s content and supporting code are copyrighted by or licensed to Rapid Wave Media LLC. and all rights are reserved. All content copies, either electronic or printed, are for personal use only. The content and supporting code contained herein may not be used in any other manner unless express written permission is obtained in advance.

  1.   Third-Party Content. Certain content, merchandise and services available via our Service may include materials from third-parties. Third-party links on this Site may direct you to third-party websites that are not affiliated with us, and once you click such links, you are leaving this Site. We are not responsible for examining or evaluating the content or accuracy of information provided by these third-party sites and we do not warrant and will not have any liability or responsibility for any third-party materials or sites. We do not endorse these sites or the materials, products, or services of third-parties and hereby disclaim any warranty as to the content of any third-party site linked to this Site.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party sites. Please exercise caution when communicating or interacting with any such site and carefully review the third-party’s terms of use before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the appropriate third-party and not Rapid Wave Media.

  1.   Supply Chain Transparency. For information on Rapid Wave Media efforts to eradicate slavery and human trafficking from its direct supply chains, please review our Supply Chain Transparency Policy.
  2.   User Comments, Feedback and other Submissions.

If, at our request, you send certain specific submissions (for example contest entries) or, without a request from us, you send creative ideas, suggestions, proposals, plans, texts, music, sounds, photographs, graphics, video, messages, tags, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. By submitting Comments and materials to this Site, you hereby automatically grant, or warrant that the owner of such Comments and materials has expressly granted to us a royalty-free, perpetual, irrevocable and non-exclusive license to (a) use, modify, license, sell, reproduce, adopt, publish, translate and distribute any or all of such Comments and materials worldwide, and (b) to incorporate such Comments and materials in other works in any form, media or technology now or hereafter developed for the full term of any copyright that may exist in such materials without any obligation to further notify you of such use or to compensate you or any third party.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or that is otherwise objectionable or which content violates any party’s intellectual property or these Terms of Use.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service, this Site, or any related website. You may not use a false e-mail address, pretend to be someone other than you, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

  1.   Prohibited Uses of the Site.

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of these prohibited uses.

  1.   Disclaimer of Warranties.

The material contained on this Site is periodically checked for accuracy and is presented without any warranties, either express or implied. Rapid Wave Media will assume no, and hereby disclaims any, responsibility for any errors or omissions of this Site’s content. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the information on this Site is at your own risk.

You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and service delivered to you through the Service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

  1.   Limitation of Liability.

In no case shall Rapid Wave Media or our directors, officers, employees, partners, agents, contractors, interns, suppliers, service providers, subcontractors or licensors (collectively, the “Indemnified Parties”) be liable for any damages whatsoever arising out of or relating to the use by any person of this Site, including but not limited to direct, indirect, consequential, or punitive damages, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of this possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by applicable law.

  1.   Delay or Failure to Perform. We will not be liable to you if we are prevented or delayed in the performance of any of our obligations to you if due to any cause beyond our reasonable control including, without limitation: an act of God, explosion, flood, fire or accident; war or civil disturbance; strike, industrial action, or stoppages of work; any form of government intervention; a third party act or omission; failure of our supplier(s); or your failure to give us a correct delivery address or notify us of any change of address

We will use reasonable efforts to inform you of any such unforeseen event within seven days of its occurrence. Should the interruption continue beyond a period of 14 days after notice to you, you will be entitled to cancel the order and a refund will be made in accordance with these Terms of Use.

  1.   Indemnification. You agree to indemnify, defend, and hold harmless Rapid Wave Media and the other Indemnified Parties harmless from any injury, from any loss, claim, or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
  2.   Dispute Resolution and Arbitration.

This section limits certain rights—including the right to maintain a court action, the right to a jury trial, the right to participate in any form of class or representative claim, the right to statutorily imposed limitations periods, the right to engage in discovery except as provided in applicable American Arbitration Association rules, the right to certain remedies and forms of relief, and the right to court review of any award—that may not be available in arbitration.

To the fullest extent permitted by applicable law, any dispute or claim arising out of or relating in any way to these Terms of Use, your visit to the Site, or to any purchase, return or other transaction with Rapid Wave Media (including claims relating to Rapid Wave Media advertisements and disclosures, email and mobile SMS messages sent by Rapid Wave Media, or Rapid Wave Media collection or use of your information) (“Dispute”) shall be resolved through binding arbitration, rather than in court. The Federal Arbitration Act and federal arbitration law apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. The arbitrator’s award is binding and may be entered in any court of competent jurisdiction. In lieu of arbitration, either you or Rapid Wave Media may assert individual claims in small claims court consistent with the jurisdictional and dollar limits that may apply.

Any party who intends to seek arbitration must first provide to the other party a written notice of the Dispute (“Notice”), describing the facts and circumstances of the Dispute and the specific relief sought, and including any supporting documentation. The Notice must be mailed via certified or registered mail to Rapid Wave Media as set forth in section 17 below, or to you at your last-used billing address or the billing and/or shipping address in your online profile. If we are unable to reach an agreement to resolve the claim within 30 days after the Notice is received, either party may commence arbitration.

Any arbitration under this agreement shall be conducted by the American Arbitration Association (“AAA”), adr.org, 1.800.778.7879, and pursuant to the then applicable AAA Commercial Arbitration Rules and Mediation Procedures. You may choose to have the arbitration conducted by telephone, based on written submissions, in person in the county where you live, or at another mutually agreed location To the fullest extent permitted by applicable law, you and Rapid Wave Media agree that any Dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated, collective, or representative action. To the fullest extent permitted by applicable law, you further agree that you will not be a member of any putative or actual class in a class action brought by anyone else, nor will you seek to become a class representative. If any portion of this paragraph is found to be void or unenforceable as to a particular claim, then that claim (and only that claim) shall be resolved in federal court rather than in arbitration; if there is no federal jurisdiction, the case shall be resolved in Alabama state court.

This section will survive after the Terms of Use terminate or your use of the Site ends. Any cause of action or claim you may have with respect to the Site must be commenced within one year after the claim or cause of action arises or be barred forever. Notwithstanding the other provisions in this section, if Rapid Wave Media has a reasonable basis to believe that you have in any manner violated or threatened to violate any of Rapid Wave Media intellectual property rights, Rapid Wave Media may bring suit in any state or federal court in the state of Alabama, rather than through arbitration. You agree that you will submit to the jurisdiction of the state and federal courts in the state of Alabama.

  1.   Contact. Inquiries regarding these Terms of Use may be directed to:

   Rapid Wave Media LLC.

   1260 Perry Hill Road

   Montgomery, AL 36109

  1.   Severability. In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use. Such determination shall not affect the validity and enforceability of the remaining provisions of these Terms.
  2.   Termination. The obligations and liabilities of the parties incurred prior to the termination of these Terms of Use date shall survive the termination of these Terms of Use for all purposes. These Terms of Use are effective unless and until terminated by either you or us. You may terminate these Terms of Use at any time by notifying us that you no longer wish to use our Services, or when you cease using our Site, whichever occurs first.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and accordingly we may deny you access to our Services (or any part thereof).

  1.   Entire Agreement. These Terms of Use, including the documents referenced herein and any policies or operating rules posted by us on this Site or in respect to the Service, contain the entire agreement and understanding between you and us and govern your use of our Site and the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use). These Terms of Use will be binding upon each party and its successors and permitted assigns. No failure or delay of any party in exercising any right, power or privilege under these Terms will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise of any other right, power or privilege hereunder. No agency, partnership, joint venture, and/or employer/employee relationship is intended or created by these Terms. Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party
  2.   Governing Law. These Terms of Use shall be governed by the laws of the State of Alabama.