Effective Date: June 22, 2022
This TERMS OF USE AND SALE (this “Agreement”) is a legal contract between you and ELIA ELIA INC., a corporation organized in Illinois, and contains the terms and conditions for access to and use of the website located at https://eliaelia.co/ (the “Site”) and order and purchase of products from Elia Elia, Inc.
This Agreement includes and hereby incorporates into its terms the ELIA ELIA INC. Privacy Policy (“Privacy Policy”) and any supplemental terms you and we agree to from time to time. Please read this Agreement and the Privacy Policy carefully — if you do not agree to any of the terms, you may not use the Site. The terms “you”, “your”, and “yours” refer to the person using, visiting, or accessing the Site. The terms “ELIA ELIA INC.”, “Elia,” “we”, “us” and “our” refer to ELIA ELIA INC., a corporation organized in Illinois, operating through the Site, and its affiliates, assigns, successors, and subsidiaries.
YOUR ACCESS TO THE SITE (other than to read this Agreement for the first time) OR YOUR PURCHASE OF PRODUCTS USING THIS SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT AND YOUR AGREEMENT TO BE BOUND BY THIS AGREEMENT. This Agreement contains a binding arbitration requirement in Section 14 and an Opt-Out right in Section 14.4.
IF YOU DO NOT AGREE TO ANY TERM IN THIS AGREEMENT, DO NOT CONTINUE TO ACCESS AND USE THIS SITE.
ORDERS OF BAKING MIXES AND OTHER PRODUCTS. At Elia, we sell premium baking mixes for home baking (“Products”). You must submit all orders for Products on our website order form. You are responsible for checking that all shipping information is correct before submitting an order. There are no returns, modifications, or cancellations allowed on any orders once submitted. We will endeavor to meet your requested delivery date, but weather and delivery problems beyond our control may cause delays, so we cannot guarantee the date and time of delivery. An order acknowledgement does not constitute our acceptance of your order or confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We may limit order quantities in any order you place with us.
SHIPPING. All orders placed on this Site are subject to product availability and will be shipped according to our shipping policies. Please refer to our shipping page on our website for more information on our shipping rates and procedures. We ship Products only on fully-paid orders.
OUR GUARANTEE. We guarantee that your order will arrive in a contained, sealed package, with all promised contents inside.
RETURN AND REFUND POLICY. If your order does not arrive in a contained, sealed package with all promised content inside or if we deliver different products than those you ordered, you must do all of the following:
Email us at hello@eliaelia.co.
Include pictures showing the shipping label, damaged product in the shipping box and the outer condition of the shipping box in the email.
Include a note explaining the Product errors in the email.
Send us the email within 2 days of receiving the Product.
REMEDY. We, at our sole discretion and subject to this Agreement, may send you a replacement Product or issue a partial or full refund for the Product. We reserve the right, however, to require the return of the unsatisfactory Product, before any partial/full refund or credit will be issued.
SITE RULES.
Our Content. The Site contains copyrighted material, trademarks, and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, all contents of the Site (“Site Content”) are copyrighted under the United States copyright laws. Site Content is proprietary to us and owned solely by us. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the Site Content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, you will not copy, redistribute, retransmit, publish, or commercially exploit any Site Content without our express, written permission. In the event of any permitted copying, redistribution, or publication of Site Content, you will make no changes in or deletion of author attribution, trademark legend or copyright notice. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.
Trademarks. All names, logos and tag lines associated with the Site are trademarks of ELIA ELIA INC. All rights reserved. All other trademarks appearing on the Site are the property of their respective owners. This Agreement does not constitute a license to use any such trademarks.
Restrictions on Rights to Use. Tampering with the Site, misrepresenting the identity of a user, using buying agents or conducting fraudulent activities on the Site are prohibited. Violations of system or network security may result in civil or criminal liability. Elia will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. Without limiting the generality of other provisions of this Agreement, you agree that you will not (and you agree not to allow any other individual or entity to): (a) download, modify, reproduce, adapt, translate, reverse engineer, create derivative works based upon, publicly display, sell, rent, license or in any way commercially exploit any portion of the Site or Site Content, except and to the extent expressly permitted under this Agreement; (b) remove any copyright, trademark or other proprietary rights notice contained in or on the Site; (c) post to the Site any content that is false, inaccurate, misleading, defamatory, tortious or fraudulent; (d) access or collect data from our Site using automated means; (e) use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Site; (f) use the Site to advertise or perform any commercial solicitation; (g) reformat or frame any portion of any web pages that are part of the Site; (h) create user accounts by automated means or under false or fraudulent pretenses; (i) create or transmit to other users unsolicited electronic communications, such as ’spam’" or otherwise interfere with other users' enjoyment of the Site; (j) attempt to interfere with service to any user, host or network, including, without limitation, by submitting a virus, worm, defect, Trojan horse, software bomb or other feature designed to damage or degrade in any manner the performance of the Site, or overload, flood, mailbomb, or crash, the Site; (k) use the Site to violate the security of or gain unauthorized access to any computer or computer network or other device or system (including unauthorized attempts to discover passwords or security encryption codes); (l) submit to the Site any content that is unlawful or facilitates, constitutes, promotes or encourages illegal activity; or otherwise use the Site to transfer or store illegal material, including any material deemed threatening or obscene; (m) copy or store any content offered on the Site other than for your personal use; (n) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on the Site; (o) post, upload or transmit any content that (i) infringes or otherwise violates any copyright, patent, trademark, trade secret, publicity or privacy right or other proprietary right of any party; or (ii) is proprietary to a third party, without such third party's prior written consent; (p) use the Site and/or any content available on the Site, intentionally or unintentionally, to violate any applicable local, state, federal or international law; or (q) collect or store personal data about other users in connection with the prohibited activities described in this Section.
COMMENTS AND FEEDBACK. All comments, feedback, suggestions, ideas, and other submissions you disclose, submit, or offer to Elia on or by the Site or otherwise (collectively, "Comments") shall be and remain Elia's property, which we may use for any purpose including commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to Elia of all worldwide rights, title and interest in all copyrights and other intellectual property in the Comments. Elia is and shall be under no obligation to maintain any Comments in confidence or to pay to user any compensation for any Comments. You agree that no Comments submitted by you to Elia will violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right(s). You are and shall remain solely responsible for the content of any Comments you make.
PRIVACY, MONITORING AND DISCLOSURE, BREACH.
Your Privacy. See our Privacy Policy, which is incorporated by reference into, and made part of, this Agreement. We may change the Privacy Policy in the future. You should check the Privacy Policy frequently for changes. Except as authorized herein and unless otherwise authorized or consented, you agree not to use any information regarding other participants which is accessible from the Site or disclosed to you by us except to enter into and complete transactions.
Disclosure of Information. As permitted by applicable law, we reserve the right to report any activity that we suspect violates any law or regulation to appropriate law enforcement officials, regulators, or other third parties. In order to cooperate with information requests, to protect our systems and customers, or to ensure the integrity and operation of the Site or other purposes we deem reasonable, we may access and disclose any information we consider necessary or appropriate, including, without limitation, user contact details, IP addresses and traffic information, usage history and posted content.
Termination. Without limiting other remedies, we may terminate your access to the Site and/or refuse to accept any purchase order for products at any time in the event of any conduct by you which we, in our sole discretion, consider to be unacceptable.
DISCLAIMERS.
COOKING. YOU ARE SOLELY RESPONSIBLE FOR, AND ASSUME ALL RISKS RELATED TO, THE PROPER AND SAFE STORAGE, HANDLING, PREPARATION, AND CONSUMPTION OF PRODUCTS. EXCEPT AS SET FORTH IN THIS AGREEMENT, THE PRODUCTS ARE PROVIDED “AS-IS” AND “AS AVAILABLE,” AND, TO THE FULLEST EXTENT ALLOWABLE UNDER THE APPLICABLE LAW, ALL EXPRESS AND IMPLIED WARRANTIES ARE DISCLAIMED. THIS SPECIFICALLY INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTY FOR FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY, AND WARRANTIES FOR THE NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
IMAGES AND SIMILARITIES. WE TRY TO DISPLAY IMAGES OF SIMILAR PRODUCTS YOU WILL RECEIVE IN RESPONSE TO AN ORDER AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITE AS ACCURATELY AND RELIABLY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITE DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, DIFFERENCES IN COOKING AND PREPARATION TECHNIQUES AND APPLICATIONS THAT MAY DIFFER FROM THE PROVIDED INSTRUCTIONS, DIFFERENCES IN COOKING EQUIPMENT, AND DIFFERENCES IN TEMPERATURE AND HUMIDITY WHERE PRODUCTS ARE PREPARED AND COOKED. SOME PRODUCTS MAY BE UNAVAILABLE FROM TIME TO TIME, INCLUDING AT THE TIME OF YOUR ORDER.
ALLERGEN INFORMATION. CURRENTLY, THE US FOOD AND DRUG ADMINISTRATION HAS DETERMINED THAT THERE ARE EIGHT MAJOR ALLERGENS - WHEAT, EGG, SOY, MILK, TREE NUTS, PEANUTS, FISH, AND SHELLFISH. ALTHOUGH WE TAKE PRECAUTIONS TO LIMIT CROSS-CONTAMINATION AMONG ALLERGENS, WE MANUFACTURE OUR PRODUCTS IN FACILITIES THAT STORE, USE AND PACKAGE PRODUCTS CONTAINING THESE ALLERGENS. YOU ACKNOWLEDGE AND AGREE THAT CROSS-CONTAMINATION MAY OCCUR BETWEEN FOOD PRODUCTS, AND THE PRODUCTS MAY CONTAIN SOME OR ALL ALLERGENS.
YOU ARE SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS.
ELIA DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE OR PACKAGING 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.
No Warranties for the Site. THE SITE IS PROVIDED ON AN "AS IS" BASIS. YOUR USE OF THE SITE IS AT YOUR OWN, SOLE RISK. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION: (A) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE OR OPERATE WITHOUT ERROR; (C) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (D) ANY OBLIGATION, LIABILITY, RIGHT, CLAIM OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM OUR NEGLIGENCE. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL SUCH WARRANTIES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, WHICH YOU OBTAIN FROM US OR THROUGH THE USE OF SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.
3rd Party Links. The information posted on this Site may include information copyrighted by others, as well as hypertext links or pointers that will lead to other websites. These linked websites are developed and maintained independently of the Site and are not a part of this Site. The inclusion of any link does not imply affiliation, endorsement, or adoption by us of the linked site or any warranty of any of any of the information provided on those other sites. You agree that we shall not be responsible for any loss or damage of any sort incurred as a result of any such links or as the result of the presence of such links on this site. It is your responsibility to take precautions to ensure that whatever linked material you select is free of items such as viruses, worms, Trojan horses, and other destructive items.
NO SPECIAL DAMAGES, ET AL. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR LOST PROFITS ARISING OUT OF YOUR USE, OF OR INABILITY TO USE THE SITE.
MAXIMUM LIABILITY. UNDER NO CIRCUMSTANCES WILL ELIA BE LIABLE TO YOU OR ANY PERSON OR ENTITY RELATED OR CONNECTED TO YOU FOR MORE THAN THE TOTAL AMOUNT PAID TO ELIA BY YOU DURING THE NINETY (90) DAY PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY. THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT AFFECT LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER THE APPLICABLE LAW/JURISDICTION, SUCH AS LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE DIRECTLY AND PROXIMATELY CAUSED BY OUR ACTS OR OMISSIONS, OR FOR OUR GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT.
INDEMNITY. You agree to defend, indemnify and hold harmless Elia Elia Inc., and our affiliates and licensors and their respective directors, officers, agents, contractors, partners, licensors, representatives, suppliers and employees, from and against any loss, liability, threatened or actual claim, demand, damages, costs and expenses, (including reasonable legal fees) arising out of or in connection with your use of the Site or the Products. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and you shall cooperate as fully as reasonably required by us. You agree to promptly notify Elia of any third-party claims, cooperate with Elia in defending such claims, and pay all fees, costs and expenses associated with defending such claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Elia. You agree that the provisions in this Section will survive any termination of your account and this Agreement.
GOVERNING LAW/CONSENT TO JURISDICTION. Any Disputes or actions arising out of, or in any manner affecting the interpretation of, this Agreement, any other service or product, whether under this Agreement or otherwise will be governed solely by, and construed solely in accordance with, the laws of the United States and State of Illinois, excluding (a) conflict of laws principles; (b) the United Nations Convention on Contracts for the International Sale of Goods; (c) the 1974 Convention on the Limitation Period in the International Sale of Goods; and (d) the Protocol amending the 1974 Convention, done at Vienna April 11, 1980. If for any reason a Dispute proceeds in court rather than in arbitration (as prescribed below), YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY CONSENT TO THE EXCLUSIVE JURISDICTION AND VENUE OF COURTS LOCATED IN CHICAGO, ILLINOIS OVER ANY SUIT, ACTION OR PROCEEDING ARISING OUT OF THIS AGREEMENT OR YOUR USE OF THE SITE.
DISPUTE RESOLUTION.
Dispute Escalation. Any dispute, controversy or claim arising out of, relating to, or in connection with this Agreement, or the breach, termination, or interpretation or validity thereof, or any transaction, communication or actions arising out of your use of the Site or purchase of Products (“Dispute”), will be resolved as follows:
First, to the extent possible, you and we will attempt to resolve the Dispute within forty-five (45) days through discussions held in good faith.
Second, if the Dispute has not been resolved after the 45-day discussion period, then any party who pursues the Dispute shall refer the Dispute or claim to American Arbitration Association under its Commercial Mediation Procedures, for mediation in Chicago, Illinois for a period of one hundred twenty (120) days.
Third, if the Dispute is not settled by mediation within the 120-day period, then any party who determines to pursue the Dispute shall refer such Dispute to arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules.
Arbitration.
Disputes submitted to arbitration will be heard by a single arbitrator, unless the claim amount exceeds $250,000, in which case the dispute will be heard by a panel of three arbitrators. The place of arbitration will be Chicago, Illinois. Hearings will take place pursuant to the standard procedures of the Commercial Arbitration Rules that contemplate in person hearings, though hearings may be conducted virtually with the prior written consent of both parties to this Agreement.
We and you agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. An arbitrator can award the same damages and relief as a court (including injunctive and declaratory relief or statutory damages).
The arbitration and any proceedings conducted hereunder will be governed by the laws of the State of ILLINOIS, Title 9 (Arbitration) of the United States Code and by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards of June 10, 1958. Each party will bear its own costs and expenses and an equal share of the arbitrators' and administrative fees of arbitration. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Notwithstanding any language to the contrary, the parties hereby agree that the arbitrator’s decision will be final and nonappealable. The arbitrator’s decision may be entered in any court having jurisdiction thereof for enforcement.
Of course, any Dispute may be resolved at any time by a written agreement between the parties.
If, for any reason, a Dispute proceeds in court rather than in arbitration we and you each waive any right to a jury trial.
30-Day Right to Opt-Out. You have the right to opt out of the provisions of this Agreement mandatory arbitration by sending written notice of your decision to opt out to: arbitrationoptout@eliaelia.co, within 30 days after first becoming subject to this Agreement mandatory arbitration. Your notice must include your name and address, your Elia username (if any), the email address you used to set up your Elia account (if you have one), and an unequivocal statement that you want to opt out of this Agreement mandatory arbitration. If you opt out of this Agreement mandatory arbitration, all other parts of this Agreement will continue to apply to you. Opting out of this Agreement mandatory arbitration has no effect on any other Agreement mandatory arbitrations that you may currently have, or may enter in the future, with us.
AMENDMENTS AND CHANGES.
Changes to Site. We have the right at any time to change or discontinue any aspect or feature of the Site, including, but not limited to, access rights, products, content, hours of availability, and equipment needed for access or use and all other features we determine.
Changes to Agreement Terms. We may change, modify, add, or delete terms and conditions to access and use the Site and to this Agreement (“Changes”). We will provide notice of Changes by posting them on the Site or by electronic mail to your email address we have on file. All Changes will be effective immediately when we provide notice of them. YOUR CONTINUED USE OF THE SITE FOLLOWING OUR POSTING OF ANY CHANGES WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH CHANGES. IF YOU DO NOT AGREE TO ANY CHANGES TO THIS AGREEMENT, DO NOT CONTINUE TO USE THE SITE OR THE PLATFORM.
INTERPRETATIVE PARTS.
Entire Agreement. This Agreement constitutes the entire agreement of the parties with respect to the subject matter hereof and supersedes and cancels all prior and contemporaneous agreements, claims, representations, and understandings of the parties in connection with the subject matter hereof. This Agreement will be binding upon the parties, their heirs, executors, beneficiaries, and successors. No amendment or waiver hereunder is valid or binding unless in writing and signed by the party to be charged. If the provisions of this Agreement conflict with those in the Privacy Policy or any other terms incorporated into this Agreement, the terms of this Agreement will control. The section headings used herein are for convenience only and will not be given any legal import.
No Agency; Third-Party Beneficiary. We are not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from this Agreement is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement. This Agreement and all of the representations, warranties, covenants, conditions and provisions hereof are intended to be and are for the sole and exclusive benefit of ELIA ELIA INC. and you.
Severability. If any provision of this Agreement will be deemed unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provisions.
No Waiver. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provisions of this Agreement.
Assignment and Delegation. We, ELIA ELIA INC., may assign all or any part of this Agreement and delegate all or any part of our obligations hereunder to, and may substitute for ELIA ELIA INC., any third party, any successor, any assign in our discretion without notice to you and without your consent. This Agreement will bear on our successors and assigns.
Notices. All notices, requests, consents and communications under this Agreement will be in writing, addressed to the receiving party and deemed given (a) if by email, when either the recipient thereof personally acknowledges receipt in writing (or replies to the email) or when the sending party sends a copy of the notice by commercial service or registered mail as set forth below ; (b) if by commercial courier service or recognized commercial delivery service, on the Business Day after the day such notice is delivered to the service; or (c) if by registered mail, on the fifth Business Day following the day such mailing is made.
Elia Elia, Inc.’s receiving party address is: Elia Elia, Inc.
Email: hello@eliaelia.co
Mail: 1 East Erie St
Suite 525-4663
Chicago, IL 60611
Your receiving party address is the information we have on file for you which you provided to us.
SMS/TEXT MESSAGES AND PHONE CALLS. You expressly consent to be contacted by us, our agents, representatives, affiliates, or anyone calling on our behalf for any and all purposes arising out of or relating to your relationship with us, at any telephone number, or physical or email address you provide, or at which you may be reached. You agree we may contact you in any way, including SMS messages (including text messages), calls using prerecorded messages or artificial voice, and calls and messages delivered using automatic telephone dialing systems (auto‐dialer) or an automatic texting system. ELIA, OUR AGENTS, REPRESENTATIVES, AFFILIATES, AND ANYONE CALLING ON OUR BEHALF MAY USE SUCH MEANS OF COMMUNICATION DESCRIBED IN THIS SECTION EVEN IF YOU WILL INCUR COSTS TO RECEIVE SUCH PHONE MESSAGES, TEXT MESSAGES, E‐MAILS, OR OTHER COMMUNICATIONS.
CONSTRUCTION. In this Agreement, unless the context otherwise requires: (a) references to sections, exhibits, attachments and schedules are to those in, of and to this Agreement; (b) words importing the plural will include the singular, and vice versa; (c) references to a ‘person’ will be construed as including references to an individual, company, enterprise, firm, partnership, joint venture, association or organization, whether or not having separate legal personality; (d) use of the word ‘will’ as an action attributable to a party means the party agrees to, will, promises to and covenants to take the actions following or connected to the use of the word ‘will;’ (e) use of the word ‘may’ as an action attributable to a party means that party has the right, but not the obligation, to take the action following or connected to use of the word ‘may;’ (f) references to ‘it,’ ‘its,’ ‘they,’ ‘their,’ and ‘them,’ will be construed as including any generic, singular or plural omni-gender pronoun such as she, hers, her, he, his, him, it, its, they, their and them; and (g) all references to ‘days’ mean calendar days unless the text specifically refers to “Business Days”.
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