Your Use of Our Sites
You may use the Services and the Materials for your own personal, noncommercial use. That means you can use them to view and purchase products, and to engage with us and others through reviews or via our message submission form on our Contact webpage. You cannot, however, use them for commercial purposes (for example, if you are not a wholesaler, you cannot resell or otherwise redistribute our products for commercial purposes), or to violate any applicable law or regulation.
In addition, you may not:
- access or use, or attempt to access or use, the Services or the Materials to take any action that could harm Revive Superfoods or any third party or interfere with the operation of the Services;
- use the Services or the Materials with any device or software that could disable or impair the Services;
- use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Services or the Materials, or otherwise access or collect the Materials or data or information from the Services using automated means;
- cache or archive the Services or the Materials (except for a public search engine’s use of spiders for creating search indices);
- attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Services;
- attempt to circumvent any restrictions, conditions, or technological measures imposed on your use or access of the Services or the Materials;
- take any action that imposes an unreasonable or disproportionately large load on our network or infrastructure or violates or threatens our system or network security.
You agree to abide by all additional restrictions displayed on the Services, as they may be updated from time to time.
Choosing Your Plan
The Services may allow you to engage with us, for example, to submit a review, ask a question or make a comment, or provide us with your suggestions (“your content”). For example, you could send us a photo of you enjoying one of our products or write on our Facebook page. You always remain the owner of your content. Please make sure that you own or are licensed to send us all of your content, meaning that you took the photo, or have permission to send us the photo, and that the photo is of you or by someone who consents to have the photo sent to us. By providing your content to us, you are agreeing that you are authorized to do so and that you are over 18 years of age. When you send us or otherwise post your content, you do so under the terms of the following license. You grant us (and those we work with) a worldwide, royalty-free, irrevocable, perpetual license to use, store, modify, publish, distribute, display and reproduce your content without compensation and without notifying you, as well as to use your (or any other person’s) name, persona and likeness, to the extent included in your content (for example, your profile picture or username associated with a social media account). We may display your content on the Services or otherwise use it in our marketing and promotional materials, and this license gives us the right to do so.
None of your content may violate or infringe the rights of others or applicable laws and regulations, be offensive, harassing, threatening or objectionable, contain a virus or other harmful component, or contain advertising or any commercial or other solicitation. We reserve the right to remove any of your content for any reason, including if it violates the foregoing.
Links to Other Websites
Our Services contain links to, and may be linked from, third-party websites that we do not maintain (for example, social media platforms such as Instagram, Facebook, or Twitter). We do not endorse or make any representations about any other websites or have any responsibility for them or for any loss or damage that may arise from your use of them. If you follow links from the Services to other websites or platforms, you will be subject to the terms and conditions, and any other privacy or security policies, of those websites.
Our Intellectual Property
REVIVE SUPERFOODS and other marks displayed on the Services are trademarks owned by, or licensed to, Revive Superfoods. All of the other Materials on the Services – including photos, descriptions of products, prices and blog posts– are owned by, or licensed to, Revive Superfoods. You may not use such trademarks, or any of the Materials, in any manner that could indicate you own the trademarks, or those Materials, or that they are associated with you or anyone other than the applicable owner.
You agree to comply with all copyright laws worldwide in your use of the Services or the Materials. Revive Superfoods does not grant you or any other person any express or implied rights under any patents, trademarks, copyrights, trade secrets or other intellectual property.
Products and Ordering
We strive to show our products as accurately as possible. Because monitor displays differ, however, we do not guarantee that the images of our products will accurately depict the products. Also, although we may display products through the Services, they may be out of stock at any time. In addition, please be aware that all prices are subject to change at any time.
You may order our products through the Services. When you do so, you are subject to our shipping policies and practices that appear at the time you place such order. We reserve the right to refuse or cancel any order you place with us, or restrict the quantities purchased per person. In the event we refuse or cancel your order, we will attempt to notify you using the information provided in connection with the order.
WE PROVIDE OUR SERVICES AND ALL OF THE MATERIALS ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. WE DO NOT MAKE, AND WE HEREBY EXPRESSLY DISCLAIM, ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES OF TITLE OR NON-INFRINGEMENT AS TO THE SERVICES OR THE MATERIALS. WE DO NOT WARRANT THAT THE SERVICES WILL BE AVAILABLE AT ANY GIVEN TIME OR LOCATION, OR THAT THE SERVICES ARE FREE FROM VIRUSES, MALWARE OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
TO THE EXTENT PERMISSIBLE BY LAW, WE AND OUR AFFILIATES, AND ALL OF OUR RESPECTIVE OFFICERS, DIRECTORS, MEMBERS, PARTNERS, VOLUNTEERS, EMPLOYEES, REPRESENTATIVES, LICENSORS AND AGENTS, WILL NOT BE LIABLE TO YOU, OR OTHERS, FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING ATTORNEYS’ FEES) RESULTING FROM YOUR ACCESS TO OR USE OF (OR INABILITY TO USE) THE SERVICES OR THE MATERIALS. IF THE LAW RESTRICTS US FROM DISCLAIMING RESPONSIBILITY IN THIS WAY, WE WILL BE RESPONSIBLE UP TO $1.00.
Compliance with Law
ACCESS TO THE SERVICES FROM COUNTRIES OR TERRITORIES WHERE SUCH ACCESS IS ILLEGAL IS PROHIBITED. YOU ARE SOLELY RESPONSIBLE FOR COMPLYING WITH ALL LOCAL LAWS, RULES AND REGULATIONS REGARDING ONLINE CONDUCT AND ACCESS TO THE SERVICES AND USE OF THE MATERIALS.
REVIVE ORGANICS INC.
2560 Bristol Circle, Unit 500
Automatic Subscription Renewal
Revive Superfoods follows a subscription-based model. By signing up for a subscription and checking off the terms and conditions box at checkout upon completion of an order, you acknowledge and agree that Revive Superfoods is authorized to automatically charge you on a weekly basis depending on the subscription you have selected. While your subscription is active, order renewal will continue until you pause or cancel your subscription OR if Revive Superfoods suspends providing access to the sites or products in accordance with these terms and conditions. You acknowledge and agree that Revive Superfoods will proceed with automatic recurring payments without the need to obtain additional authorization from you.
Your subscription will automatically renew until you pause or cancel your subscription. You can pause or cancel any time through your account on desk top or mobile. You will be responsible for all charges incurred prior to the pause or cancellation of your subscription. In the event you pause or cancel your subscription, we may still send you promotional communications. Please send us an email if you want to opt out of receiving those communications.
Returns and Refunds
Revive Superfoods do not have an all-time satisfaction guaranteed policy. If you are not satisfied with a product, please contact us at [email protected] within seven (7) calendar days of the date you received the product; we will apply a credit onto your account according to the unsatisfied or missing cups. For quality-related complaints regarding your order, we require photographic documentation of any product before we provide a replacement, credit or refund. Please note that due to the nature of our products, we do not accept nor provide refunds on any and all returned items.
Complimentary items such as straws are subject to availability. Revive Superfoods has the right to determine as to when theses items will be sent or replace them with complimentary rewards points.
The website may contain information about products that are not available in every location. This does not imply or guarantee that it is or will be available in your location or at the time of your order. In the instance we are out of stock of one or more of cups selections in your box, Revive Superfoods will replace all out of stock cups with another top selection from your cup list.
2 Consent and Updates
(a) Types of Information. What personal information is collected from you through the Website and the Services, how it is used, and with whom it may be shared.
(b) Settings. What choices you have regarding the use of your personal information.
(c) Security. The security procedures in place to help protect against the misuse of your personal information.
(d) Corrections. How you can correct any inaccuracies in your personal information.
4 What is Personal Information?
Personal information is information that identifies you as an individual. The information we may collect or obtain (depending on the circumstances) includes but may not be limited to:
• Information you provide to us: This includes your name, email address, address (street number and street name, state/province, country, zip/postal code), phone number, birthday, financial information such as a credit card number, and any other information you give us, such as to participate in a promotion or to contact our customer service.
• General usage data: When you use our Website, we may also collect your Internet Protocol (“IP”) address, information about the date and time of your access as well as how long you use our Website, and features you use on our Website.
5 Information Collection and Use
As you use the Website, we collect information about you and the Services you use. The information we collect falls into two main categories: (1) information you voluntarily provide us; [and ](2) information we collect from you automatically.
(a) Information you Voluntarily Provide Us
Some information we collect is provided when you use the Services, such as when you create an account, join the Revive Superfoods Rewards program, or pay for our products. We will not sell or rent this information to anyone
(b) Information We Collect Automatically
• We may collect information about your transactions, including what products you purchase, how often you purchase them, and any reward points or promotions associated with a purchase.
• We may collect information about your browser or your device (such as a computer, tablet, smart phone or other device used to access the Website). This information may include the type of device you are using, your operating system, your browser, your internet service provider, your domain name, your IP address, the website that referred you to our Website, the web pages of our Website that you view (including the date and time you viewed them), the Services or functionality you access or use, and the subject of the ads you click or scroll over.
• We may collect information about the location of your device. We collect this location information or derive it from your GPS or other device settings to facilitate or improve our Services, such as to enable you to receive delivery of certain Revive Superfoods products. We may also use information about the location of your device to help us understand how the Website and Services are being used, or to deliver more relevant advertising or experiences for you, including tailored marketing or messages based on your location or related context such as the time of day or weather. If you want to opt out of this collection, please see the section below titled “Your Access to and Control Over Information”
6 How we Use your Information
We use the information we collect from you to:
• communicate with you, including about orders, returns, our Services, accounts, programs, and contests; respond to your customer service questions and requests for information; post your images or comments on our Website; and send you content, promotion and special offers;
• run the Website and Services, including processing your purchases of, or requests for, products and Services;
• maintain, improve, and analyze our Website and customize your use of our Website or Services, including our loyalty programs, such as Revive Superfoods Rewards;
• register and verify user accounts; and
• maintain a safe, secure, and trusted environment for you when you use the Website and Services.
We may anonymize personal information that we collect through the Website and your use of the Services for benchmarking, analytics, metrics, research, reporting, machine learning, and other business purposes. We may share this anonymized data with third parties for advertising and business development purposes and use such anonymized data for purposes including traffic analysis, site search analytics, marketing segmentation analysis.
7 How We Share Your Personal Information
There are some circumstances where we may share your personal information with a third party. For example:
• If you post information on another part of our Website, the information that you post (including your user name) may be seen by other visitors to our Website.
• We may share, disclose or transfer personal information to a buyer, investor, affiliate, or other successor if Revive Superfoods or any affiliate or part of it undergoes a business transition, such as a merger, acquisition, reorganization, liquidation or dissolution (including bankruptcy), or a sale or other transfer of all or part of any assets of Revive Superfoods or any affiliates or during steps in contemplation of those activities (e.g., negotiations and due diligence).
8 How We May Allow Others to Collect Your Information
When you use our Website, we may allow third parties to collect device and usage information and location information across your different devices through mobile software development kits, cookies, web beacons and other similar technologies. These third parties collect this information for the following purposes and for other purposes consistent with their own privacy policies:
• To Understand the Use of Our Services: We allow certain service providers to collect this information to help us understand how our Website is used and to assist us in improving the content and operation of our Website. These service providers collect aggregate statistical usage data that is not matched or linked to any individual user.
9 Revive Superfoods Mobile Applications
Revive Superfoods may offer the Revive Superfoods mobile application (“Application”) for your use and enjoyment. For more information on the Application for iPhone® or Android™, please visit: www.revivesuperfoods.com or your device’s mobile app store.
User Information: Through the use of an iOS, Android or other supported hardware device, some functions of the Application may require transmitting some information provided by you, including: your username and password, e-mail address, billing address, phone number, financial information such as payment card numbers or account numbers, and GPS location (together “User Information”)
This User Information may be needed in order to purchase Revive Superfoods products through the Application.
Certain optional information may also be shared with Revive Superfoods through the Application, including:
• advanced analytics information such as location data, diagnostic and usage data, and user interactions; and
• location-based information, such as through GPS or other location-based technology to enhance the user experience.
Controlling Application Functionality
Location Services: In order to use certain Application functions, such as mobile order and payment and location-based services and technology, you must either (a) enable “location services” in the Application; and/or (b) set the permissions in your device to allow communication of this information. More information about adjusting location services on iOS devices may be found here, and additional information on managing an Android device’s location settings may be found here.
If you allow location sharing, your device may communicate with us in ways that allow for us to customize your experience to monitor the effectiveness of our marketing efforts, to tailor messages based on your time and location patterns, and to limit the number of times you see a promotional message or offer.
You are solely responsible for maintenance of the confidentiality and security of any User Information which you transmit from or store on your device for purposes of the Application, including mobile payment and ordering[ and voice ordering]. You agree to immediately notify us of any unauthorized transactions associated with the Application including mobile payment and ordering[ and voice ordering], or any other breach of security. Revive Superfoods shall not be responsible for any losses arising out of the loss or theft of User Information which you transmit from or store on your device or from unauthorized or fraudulent transactions associated with the Application.
Email Communications, Push Notifications, and In-App Messages
The Application allows all users to set preferences for receiving promotional email, SMS, MMS, and other communications from Revive Superfoods, receiving push notifications on your device, and receiving inbox messages. You may opt-out of receiving certain email, SMS,MMS, and other communications, excluding necessary communications that facilitate, complete, or confirm your transactions with Revive (including delivery of the products and Services) or that provide factual information related to Revive’s ongoing Services to you or your ongoing account, at any time by adjusting your Revive Superfoods online account settings as described in the “Your Access to and Control Over Information” section below, or by clicking the “unsubscribe” link included within any commercial email we send you.
10 Your Access to and Control Over Information
You may opt out of any future contact from us at any time. You can do the following at any time by contacting us using the email address or phone number given on our Website see what data we have about you (if any) and change or correct it, request that we delete it; and express any concern you have about our use of your data.
If you refuse to provide us with the information we may need or later contact us to withdraw your consent for us to use and disclose your personal information, we may no longer be able to provide you with our Services.
Promotional Communication Choices
You can opt out of receiving promotional emails and mailings by informing us of your preference at the time you sign up for a Revive Superfoods account, or by following the “unsubscribe” instructions in the promotional emails we send you. Similarly, you may opt in to receive text messages, telephone calls and mailings. Please note that if you opt out of receiving promotional communications from us, we may still send you transactional communications, including emails about your Revive Superfoods accounts or purchases.
Unfortunately, no data transmission over the Internet or data storage system can be guaranteed to be 100% secure. Therefore, despite our efforts, we cannot guarantee its absolute security. WE DO NOT WARRANT OR REPRESENT THAT PERSONAL INFORMATION ABOUT YOU WILL BE PROTECTED AGAINST, LOSS, MISUSE, OR ALTERATION BY THIRD PARTIES.
13 Personal Information used by Third Party Website
From time to time, we may include links to third party websites which are not controlled or maintained by us. We are not responsible for personal information submitted by you to third party websites or the personal information collected by third party websites. You should review the privacy policies of third party websites or contact the third party website’s operator if you have questions or concerns.
Because we link to social media sites, and from time to time may include third-party advertisements, other parties may collect your personally identifiable information about your online activities over time and across different websites when you visit this Website. Please note that not all tracking will stop even if you delete cookies.
14 Age of Majority
By email: [email protected]
By mail: 2560 Bristol Circle, Unit 500, Oakville, ON, L6H 5W9
By phone: 1 855-556-9586
REWARD POINTS TERMS & CONDITIONS
Effective Date: April 23, 2021
PLEASE READ THESE TERMS & CONDITIONS CAREFULLY. BY PARTICIPATING IN THE REVIVE SUPERFOODS REWARDS PROGRAM, YOU AGREE TO BE BOUND BY THESE TERMS AND ALL TERMS INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT PARTICIPATE IN THE REVIVE SUPERFOODS REWARDS PROGRAM. THE REVIVE SUPERFOODS REWARDS PROGRAM IS VOID WHERE PROHIBITED BY LAW AND TERMS MAY VARY DEPENDING ON YOUR RESIDENCE.
You agree that we may provide you updates, notices, disclosures and amendments to these Terms & Conditions, and other information relating to the REVIVE SUPERFOODS rewards program by electronic means, including posting such information and materials online at www.revivesuperfoods.com.
These Terms & Conditions apply to your participation in the Revive Superfoods Rewards program in Canada and the United States (“Revive Superfoods Rewards”), which is operated by REVIVE ORGANICS INC., d.b.a. Revive Superfoods, or its respective subsidiaries, licensees and affiliated companies (collectively, “Revive Superfoods”). These Terms & Conditions do not alter in any way the terms or conditions of any other agreement you may have with Revive Superfoods for other products or services.
CHANGES TO TERMS
Revive Superfoods reserves the right to change or modify these Terms & Conditions or any policy, FAQ, or guideline pertaining to Revive Superfoods, in whole or in part, at any time and in its sole discretion. Any changes or modifications will be effective immediately and may be posted to www.revivesuperfoods.com, so please check back from time to time. You waive any right you may have to receive specific notice of such changes or modifications, and your continued access to or participation in Revive Superfoods Rewards following any such changes or modifications confirms your acceptance. If you do not agree to these Terms & Conditions or any subsequent changes to them, you must stop accessing and participating in Revive Superfoods Rewards.
Revive Superfoods Rewards is intended for personal use only. Commercial use is strictly prohibited. Revive Superfoods Rewards is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and the age of majority in your jurisdiction of residence, you may access and participate in Revive Superfoods Rewards only under the supervision of a parent or legal guardian who agrees to be bound by these Terms & Conditions.
ABOUT REVIVE SUPERFOODS REWARDS
Revive Superfoods Rewards is one way in which Revive Superfoods endeavors to reward and thank loyal customers for patronizing our business and purchasing Revive Superfoods products. Revive Superfoods Rewards members are able to earn and accumulate “Points” that can be redeemed for Revive Superfoods Rewards benefits (“Rewards”) at www.revivesuperfoods.com or through the Revive Superfoods mobile app (“App”).
HOW TO JOIN REVIVE SUPERFOODS REWARDS
To join Revive Superfoods Rewards, go to https://revivesuperfoods.com/customer/new-subscription (“Websites”) or to the App and follow the prompts to create an account. You will be required to provide the following information:
First and last name, email address, address (street number and street name, state/province, country zip/postal code), phone number and credit card details and to create a unique password.
When you join Revive Superfoods Rewards, your account begins with a zero Point balance.
The Rewards that are available to you through Revive Superfoods Rewards are based on the number of Points that you earn. You can earn Points by:
- Referrals. You will earn 300 (three hundred) Points for the first box with a value of at least $30 (thirty) Canadian Dollars or U.S. Dollars that a new customer purchases from www.revivesuperfoods.com or through the App if that customer informs Revive Superfoods that you referred them using a referral code, which referral must be confirmed as eligible by Revive Superfoods in its sole discretion in order to earn Points.
- Social Media Sharing. You will earn 15 (fifteen) Points for sharing evidence of a purchase from www.revivesuperfoods.com or through the App on the following social media platforms: Facebook, Instagram, Twitter, YouTube and TikTok, by sending Revive Superfoods a link, which purchase must be confirmed as eligible by Revive Superfoods in its sole discretion in order for you to earn Points.
- Social Media Review. You will earn 15 (fifteen) Points for sharing a review of a purchase from www.revivesuperfoods.com or through the App on the following social media platforms: Facebook, Instagram, Twitter, TikTok, ChickAdvisor, Google, Trustpilot, the Revive Superfoods website and Google Reviews by sending Revive Superfoods a link, which review must be confirmed as eligible by Revive Superfoods in its sole discretion in order for you to earn Points.
- Promotional Bonus Point Offers. From time to time, we, or others acting with our permission, may offer you opportunities to earn additional “Bonus Points” through special promotions. These promotional Bonus Points will be awarded as described in the applicable promotional offer and will be subject to any additional terms set forth in such promotional offer. These promotional Bonus Points may only be available to residents of certain provinces and/or states, or they may be offered Canada-wide and/or U.S.-wide.
Any social media posts and referrals related to Revive Superfoods, its products or services must comply with requirements of applicable law, regulations and guidance, including without limitation the Competition Act, the Food and Drugs Act, and the Ad Standards Influencer Marketing Steering Committee Disclosure Guidelines.
EXCLUSIONS TO EARNING POINTS
You may not earn Points in connection with certain types of beta or promotional programs. In addition, you cannot earn Points for placing an order, upgrading your plan or on your birthday. Taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees, also may be excluded and ineligible for Point accrual.
If Revive Superfoods provides a replacement, credit, refund or a purchase is voided, Revive Superfoods may deduct the Points that you earned for the purchase related to such replacement, credit, refund or voiding, potentially resulting in a negative Point balance on your account.
Unless otherwise noted, Points are automatically added to your account within forty-eight (48) hours of confirmation of your eligible purchase or activity.
The oldest accrued Points will be used first for redemptions. You can view and track your Point balance and available Rewards, as well as any additional benefits for which you are eligible as a Revive Superfoods Rewards member, on www.revivesuperfoods.com or by using the App.
REDEEMING POINTS FOR REWARDS
Points may be redeemed for complimentary or discounted Revive Superfoods items at www.revivesuperfoods.com or through the App as follows:
10 (ten) Points may be redeemed for $1 (one) Canadian Dollar or U.S. Dollar removed from the price of a purchase of a box of Revive Superfoods products.
OTHER IMPORTANT POINT REDEMPTION INFORMATION AND EXCLUSIONS
Points may be redeemed at www.revivesuperfoods.com or through the App and are ineligible to be redeemed for the following items: taxes, tips, donations, and fees, including without limitation, shipping and handling fees, gift wrapping fees, delivery fees, and bag fees.
The maximum value for any individual redemption is $50 CAD.
OTHER IMPORTANT INFORMATION YOU SHOULD KNOW
There are no participation or membership fees associated with Revive Superfoods Rewards. Points accrued in connection with Revive Superfoods Rewards are promotional, have no cash value and cannot be redeemed for cash. In addition, your redemption of Points accrued in connection with Revive Superfoods Rewards cannot be combined with any other offers or discounts, unless otherwise expressly indicated by Revive Superfoods.
Your Points, Rewards and Revive Superfoods Rewards account are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Revive Superfoods Rewards account that is personal to you.
Without notice to you, Revive Superfoods reserves the right to suspend and/or terminate your account and/or your participation in Revive Superfoods Rewards if you have violated these Terms & Conditions or if the use of your Revive Superfoods Rewards account is unauthorized, deceptive, fraudulent or otherwise unlawful. Revive Superfoods may suspend, cancel or combine Revive Superfoods Rewards accounts that appear to be duplicative. In the event that your participation in Revive Superfoods Rewards is terminated, all accrued Points in your account are void.
Revive Superfoods reserves the right to change, modify, discontinue or cancel Revive Superfoods Rewards or any part of the Revive Superfoods Rewards program at any time and in its sole discretion, without notice to you.
If any provision or part of a provision of these Terms & Conditions is unlawful, void or unenforceable, that provision or part of the provision is deemed severable from these Terms & Conditions and does not affect the validity and enforceability of any remaining provisions.
To the maximum extent permitted by applicable law, these Terms & Conditions are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to any choice or conflict of law provisions or principles. Any claim or dispute against Revive Superfoods with respect to these Terms & Conditions or otherwise shall be brought exclusively in the courts of the Province of Ontario, and you hereby consent to the exercise of personal jurisdiction by and to venue in such courts. YOU AGREE TO WAIVE TRIAL BY JURY IN WITH RESPECT TO ANY LAWSUIT OR JUDICIAL PROCEEDING ARISING OR RELATING TO THESE TERMS & CONDITIONS.