Terms & Conditions

THESE TERMS & CONDITIONS GOVERN YOUR USE OF TRAUBENHAUS.COM AND YOUR RELATIONSHIP WITH TRAUBENHAUS, LLC

BY ACCESSING OR OTHERWISE USING TRAUBENHAUS.COM YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with traubenhaus.com through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using traubenhaus.com. If at any time you do not accept all of these Terms & Conditions or Traubenhaus, LLC’s Privacy Statement, you must immediately stop using traubenhaus.com. Use indicates agreement and intent to be bound on the part of the user.

Traubenhaus, LLC is governed by the laws of the United States and each State it operates in. Some States limit the amount of wine that Traubenhaus, LLC can deliver via direct shipping. Below are some of those limitations.

LIMITATIONS ON DIRECT SHIPPING

Texas Residents Shipping cannot exceed 9 gallons (45 750ml bottles) of wine per month or 36 gallons (181 750ml bottles) per year per customer.
Florida Residents None
California Residents None
Oregon Residents Shipping cannot exceed 18 liters (24 750ml bottles) per person per month.
Virginia Residents Shipping cannot exceed 18 liters (24 750ml bottles) per person per month.
Louisiana Residents Shipping cannot exceed 144 750ml bottles per customer per year

RETURNS

Wine is a perishable commodity meaning that it can be damaged from a variety of factors such as improper storage, too much direct sunlight, and exposure to warm temperatures and unclean air over time. For that reason, Traubenhaus, LLC will only refund orders that are returned within 14 calendar days from delivery by Traubenhaus, LLC to the carrier. Such refunds shall consist of the cost of the order less shipping and handling charges. Traubenhaus, LLC expressly makes no warranty or guarantee that the wine is free from faults that can occur at random such as cork taint or other similar faults. Traubenhaus, LLC provides guidelines on traubenhaus.com for how long each wine can be stored and enjoyed. Those guidelines are only estimates and in no way are any kind of warranty or guarantee.

RISK OF LOSS DURING DELIVERY

Except as otherwise set forth herein, the risk of loss for and title to products purchased on traubenhaus.com passes to the purchaser upon delivery to the carrier.

AVAILABILITY, ERRORS, AND INACCURACIES

Traubenhaus, LLC’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Traubenhaus, LLC makes a conscientious effort to describe and display its products and services accurately on traubenhaus.com. Despite these efforts, a small number of items on traubenhaus.com may be mispriced, described inaccurately, or unavailable, and Traubenhaus, LLC may experience delays in updating information on traubenhaus.com and in our advertising on other sites. As a result, Traubenhaus, LLC cannot and does not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Traubenhaus, LLC reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. As part of Traubenhaus, LLC’s shipping procedures, Traubenhaus, LLC verifies the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if Traubenhaus, LLC determines that there were inaccuracies in its product information, Traubenhaus, LLC will cancel your order and notify you of such cancellation via email.

MODIFICATION AND TERMINATION

Traubenhaus, LLC may at any time: (i) modify or discontinue any part of traubenhaus.com; (ii) charge, modify, or waive fees required to use traubenhaus.com; or (iii) offer opportunities to some or all traubenhaus.com users. Traubenhaus, LLC reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on traubenhaus.com. Each time you use traubenhaus.com, you should review the current Terms & Conditions. Your continued use of traubenhaus.com will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of traubenhaus.com will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and Traubenhaus, LLC will be applied.

Traubenhaus, LLC reserves the right, without notice and in its sole discretion, to terminate your account or your use of traubenhaus.com and to block or prevent future access to and use of traubenhaus.com (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use traubenhaus.com will immediately cease.

You agree that Traubenhaus, LLC shall not be liable to you or any third party for any termination of your access to traubenhaus.com. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.

Traubenhaus, LLC may make changes to these Terms and Conditions at any time. When Traubenhaus, LLC does so, it will post them on traubenhaus.com. Alternatively, you can obtain a copy by contacting cheers@traubenhaus.com. Your use of traubenhaus.com indicates your acceptance of the current version of these Terms and Conditions.

CONTENT

All content included on traubenhaus.com, such as text, graphics, logos, images, audio clips, video, data, music, software, and other material (collectively “Content”) is owned or licensed property of Traubenhaus, LLC. The collection, arrangement, and assembly of all Content on traubenhaus.com is the exclusive property of Traubenhaus, LLC and protected by U.S. and international copyright laws. Traubenhaus, LLC expressly reserves all intellectual property rights in all Content. You acknowledge and agree that all such content, including intellectual property rights, belongs to Traubenhaus, LLC.

LICENSE AND ACCESS

Traubenhaus, LLC grants you a limited permission to access and make personal use of traubenhaus.com and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using traubenhaus.com or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. Traubenhaus.com is intended for use by individuals 21 years of age or older. If you are under 21, you may use traubenhaus.com only with the consent and supervision of a parent or guardian. Traubenhaus, LLC will under no circumstances sell or deliver wine to a person under the age of 21. If Traubenhaus, LLC is unable to deliver wine purchased on traubenhaus.com because no adult who is at least 21 years old can be found after a reasonable attempt by the deliverer, Traubenhaus, LLC will return the order and the purchasor may request a refund of the purchase price less total shipping and handling for both the delivery and return.

UNLAWFUL OR PROHIBITED USES

Traubenhaus.com may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of traubenhaus.com, you warrant to Traubenhaus, LLC that you will not use traubenhaus.com for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:

  1. Make any commercial use of traubenhaus.com or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
  2. Download, copy, or transmit any Content for the benefit of any other merchant;
  3. Use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search traubenhaus.com other than the search engine and search agents provided by Traubenhaus, LLC or generally publicly available browsers;
  4. Frame, mirror, or use framing techniques on any part of traubenhaus.com without Traubenahus, LLC’s express prior written consent;
  5. Make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing traubenhaus.com Content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
  6. Use any meta tags or any other hidden text utilizing Traubenhaus, LLC’s name or marks;
  7. Misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with traubenhaus.com, or express or imply that Traubenhaus, LLC endorses any statement you make;
  8. Use a buying agent to conduct transactions on traubenhaus.com;
  9. Conduct fraudulent activities on traubenhaus.com;
  10. Violate or attempt to violate the security of traubenhaus.com, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of traubenhaus.com; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to traubenhaus.com, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of traubenhaus.com (impersonating the Traubenhaus, LLC website) or to traubenhaus.com (impersonating another user);
  11. Send unsolicited or unauthorized email on behalf of Traubenhaus, LLC, including promotions and/or advertising of products or services;
  12. Tamper with traubenhaus.com or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of traubenhaus.com or any activity being conducted on traubenhaus.com;
  13. Use traubenhaus.com to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
  14. Harvest or collect personally identifiable information about other users of traubenhaus.com;
  15. Restrict or inhibit any other person from using traubenhaus.com (including, without limitation, by hacking or defacing any portion of traubenhaus.com);
  16. Use traubenhaus.com to advertise or offer to sell or buy any goods or services without Traubenhaus, LLC’s express prior written consent;
  17. Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to traubenhaus.com;
  18. Modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of traubenhaus.com; or
  19. Remove any copyright, trademark, or other proprietary rights notice from traubenhaus.com or materials originating from traubenhaus.com.

YOUR ACCOUNT

You may be required to register with Traubenhaus, LLC in order to access certain services or areas of traubenhaus.com. With respect to any such registration, we may refuse to grant to you the username you request. Your username and password are for your personal use only. If you use traubenhaus.com, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Traubenhaus, LLC including those set forth in these Terms & Conditions, Traubenhaus, LLC reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.

TRANSACTIONS

If you wish to purchase any product or service made available through traubenhaus.com (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Traubenhaus, LLC the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on traubenhaus.com are subject to change at any time without notice. All product descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on traubenhaus.com does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from traubenhaus.com. By placing an order, you represent that the products ordered will be used only in a lawful manner. Traubenhaus, LLC reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through traubenhaus.com, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

GIFT CARDS AND CERTIFICATES

All gift cards, e-gift cards, and other gift certificates are deemed purchased in and issued from the State of Texas. The risk of loss and title to such items passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.

LINKS TO THIRD-PARTIES’ WEBSITES

Traubenhaus.com may contain links and interactive functionality interacting with the websites of third parties, including social sites and product manufacturers’ sites. Traubenhaus, LLC is not responsible for and has no liability for the functionality, actions, inactions, privacy settings, privacy policies, terms, or content of any such website. Before enabling any sharing functions of traubenhaus.com to communicate with any such website or otherwise visiting any such website, Traubenhaus, LLC strongly recommends that you review and understand the terms and conditions, privacy policies, settings, and information-sharing functions of each such third-party website. The links and interactive functionality for third-party sites on traubenhaus.com do not constitute an endorsement by Traubenhaus, LLC of such third-party sites. Other sites may link to traubenhaus.com with or without our authorization, and we may block any links to or from traubenhaus.com. YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES IS AT YOUR OWN RISK.

DISCLAIMERS OF WARRANTIES

TRAUBENHAUS.COM AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH TRAUBENHAUS.COM (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY TRAUBENHAUS, LLC ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. TRAUBENHAUS, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF TRAUBENHAUS.COM, THE ACCURACY OR COMPLETENESS OF TRAUBENHAUS.COM CONTENTS, OR THAT EMAILS SENT FROM TRAUBENHAUS, LLC ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF TRAUBENHAUS.COM IS AT YOUR SOLE RISK. TRAUBENHAUS, LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TRAUBENHAUS.COM OR TRAUBENHAUS.COM CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, Traubenhaus, LLC DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO traubenhaus.com AND traubenhaus.com CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.

CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.

TRAUBENHAUS, LLC DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON TRAUBENHAUS.COM IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON TRAUBENHAUS.COM AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.

On traubenhaus.com, we may display names, marks, products, advertisements, or services of third parties, pop-up texts, or links to third-party sites. IN NO EVENT WILL WE BE LIABLE, DIRECTLY OR INDIRECTLY, TO ANYONE FOR ANY DAMAGE OR LOSS ARISING FROM OR RELATING TO ANY USE, CONTINUED USE, OR RELIANCE ON ANY ADVERTISEMENT DISPLAYED ON TRAUBENHAUS.COM, ANY PRODUCTS, SERVICES, OR OTHER MATERIALS RELATING TO ANY SUCH ADVERTISEMENT, ANY LINKED THIRD-PARTY SITE, OR ANY LINK CONTAINED IN A LINKED SITE. If you decide to link to any such third-party sites, you do so entirely at your own risk.

TRAUBENHAUS, LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

JURISDICTIONAL ISSUES

Traubenhaus.com is controlled and operated by Traubenhaus, LLC from the United States, and is not intended to subject Traubenhaus, LLC to the laws or jurisdiction of any state, country or territory other than that of the United States. Traubenhaus, LLC does not represent or warrant that traubenhaus.com or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access traubenhaus.com, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit traubenhaus.com’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES SHALL TRAUBENHAUS, LLC OR ITS EMPLOYEES, MANAGERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE TRAUBENHAUS.COM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF TRAUBENHAUS, LLC HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND TRAUBENHAUS, LLC. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND TRAUBENHAUS, LLC. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH TRAUBENHAUS.COM, ANY CONTENT ON TRAUBENHAUS.COM, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING TRAUBENHAUS.COM. YOU ACKNOWLEDGE, BY YOUR USE OF TRAUBENHAUS.COM, THAT YOUR USE OF TRAUBENHAUS.COM IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.

INDEMNIFICATION AND DEFENSE

As a condition of the use of traubenhaus.com, you agree to defend, indemnify, and hold harmless Traubenhaus, LLC and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of traubenhaus.com, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.

NOTICES AND ELECTRONIC COMMUNICATIONS

Except as explicitly stated otherwise, any notices you send to Traubenhaus, LLC shall be sent by mail to Traubenhaus, LLC.com Guest Services, P.O. Box 9350, Minneapolis, MN 55440-9350. In the case of notices Traubenhaus, LLC sends to you, you consent to receive notices and other communications by Traubenhaus, LLC posting notices on traubenhaus.com, sending you an email at the email address listed in your profile in your account, or mailing a notice to you at your billing address listed in your profile in your account. You agree that all agreements, notices, disclosures, and other communications that Traubenhaus, LLC provides to you in accordance with the prior sentence satisfy any legal requirement that such communications be in writing. Notice shall be deemed given (i) 24 hours after the notice is posted on traubenhaus.com or an electronic message is sent, unless the sending party is notified that the message did not reach the recipient, or (ii) in the case of mailing, three days after the date of mailing. You agree that a printed version of these Terms & Conditions and/or any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms & Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

FILTERING

Pursuant To 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following websites: (i) GetNetWise (http://kids.getnetwise.org/); and (ii) OnGuard Online(http://onguardonline.gov/). Please note that Traubenhaus, LLC does not endorse any of the products or services listed at such websites.

APPLICABLE LAW; JURISDICTION; DISPUTES

YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF TRAUBENHAUS.COM AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, UNITED STATES OF AMERICA, WITHOUT REGARD TO TEXAS’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURTS FOR THE DISTRICTS OF TEXAS, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THOSE COURTS. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURTS FOR THE DISTRICTS OF TEXAS, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF TEXAS AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THE STATE OF TEXAS. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH TRAUBENHAUS.COM AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.

NOTICE FOR CALIFORNIA RESIDENTS

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding traubenhaus.com, please send an email to cheers@traubenhaus.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

MISCELLANEOUS

These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Traubenhaus, LLC with respect to traubenhaus.com and supersede all prior or contemporaneous communications, agreements, and proposals with respect to traubenhaus.com. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.