TERMS & CONDITIONS

1. Acceptance of the Terms of Use. By accessing and/or using the Site in any manner, you indicate that you have read and understand the Terms, and that you agree to be bound by these Terms in their entirety.

2. Limited License to Use. Subject to your compliance with these Terms, WAC Group grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access the Site and view the Content solely for your own personal non-commercial purposes. Except as expressly permitted in these Terms or under applicable law, you may not: (a) copy, modify, or create derivative works based on the Site; (b) reverse engineer, decompile, or disassemble the Site; or (c) make the functionality of the Site available to multiple users through any means. WAC Group reserves all rights in and to the Site not expressly granted to you under these Terms.

3. Content.

3.1. Rights Granted to You. Subject to your compliance with these Terms, WAC Group grants you a personal, non-commercial, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to view the Content solely as part of the Site. "Content" means the text, scripts, newsletters, graphics, logos, images, photos, sounds, music, videos, audiovisual combinations, works of authorship of any kind, and information or other materials that are generated, provided, or otherwise made available to or through the Site. “User Content” means any Content a user provides us or otherwise makes available through the Site.

3.2. Content Ownership. WAC Group and its licensors exclusively own all right, title, and interest in and to the Site and Content, including all associated intellectual property rights. You acknowledge that the Site and Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You agree not to remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Site or Content. We may offer users the opportunity to provide feedback/suggestions. In the event that you provide us with any feedback, suggestions or ideas regarding the Site, whether solicited or unsolicited, including without limitation: any flaws, errors, bugs, anomalies, problems with the Site; suggestions and/or ideas on how to improve or change the Site; or suggestions and/or ideas otherwise related to the Site (collectively, “Feedback”), you hereby assign to us all rights in the Feedback, including but not limited to, the right to use such Feedback and related information in any manner we deem appropriate, without compensation or notice to, or approval from, you and you expressly waive all moral rights you may have therein.

3.3. Rights Granted by You. By making any User Content available to WAC Group and/or through the Site you grant to WAC Group a non-exclusive, transferable, sublicensable, worldwide, royalty-free, perpetual license (or, if not permitted under applicable law, a license for the whole duration, including for any extension thereof, of all relevant rights under any applicable law), to use, copy, modify, create derivative works based upon, publicly display, publish, publicly perform, market, promote, distribute or otherwise make available your User Content, in whole or in part, for any purposes, in any form, media or technology, whether known or hereafter developed, alone or as part of other works, with no payment or other compensation to you. The purposes shall include but are not limited to: in connection with operating and providing the Site and Content to you and to others; for demonstration, promotion and advertising; for all WAC Group products and services, including the Site; for all WAC Group Brands and associated manufacturers; to satisfy any law, regulation, or government request; and to use the information in accordance with our Privacy Policy.

For the sake of clarity, to the extent any User Content you submit includes your name, likeness, voice, video, or photograph ("Attributes"), you acknowledge and agree that the foregoing license rights granted by this Section shall apply to the same. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User Content that you may have under any applicable law or under any legal theory. To the extent that any third party is included or depicted in your User Content, you acknowledge and agree to have first obtained any and all necessary rights, permission and/or releases from such third party (or, if a Minor, the rights, permission and/or releases from such Minor’s parent/legal guardian on its behalf) to include or otherwise depict such third party in the User Content, to the use of such third party’s Attributes therein and to grant to WAC Group those rights and permissions as part of the foregoing license, all of which rights are hereby granted by you to WAC Group.

3.4. Your Representations and Warranties. You are solely responsible for all your User Content. By submitting User Content, you represent and warrant that you own all parts of your User Content or you have all rights, releases and permissions that are necessary to grant us the license rights in your User Content under these Terms. By including or otherwise depicting any third party in your User Content, you represent and warrant that you have obtained any and all necessary rights, permission and/or releases required to: (i) include or otherwise depict such third party (and, if such third party is a Minor, the consent of the Minor’s parent/legal guardian); and (ii) grant WAC Group the license rights granted by these Terms, which shall include the right to the use of such third party’s Attributes. Further, you agree to cooperate with WAC Group, upon its request, in taking any additional action or obtaining any documentation reasonably requested by WAC Group to effectuate the grant of those rights from such third parties. You also represent and warrant that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by WAC Group on or through the Site will infringe, misappropriate, defame any third party, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

3.5. Availability of Content. We do not guarantee that any Content will be made available on and/or through the Site. We reserve the right to, but do not have any obligation to, (i) remove, edit, modify or otherwise manipulate any Content in our sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms), or for no reason at all and (ii) to remove or block any Content from the Site.

3.6. We reserve the right to remove or disable access to any Content, at any time and without notice. WAC Group may remove any Content we consider to be objectionable or in violation of these Terms.

4. Conduct, General Prohibitions and Enforcement Rights.

4.1. As a condition of use, you agree not to use the Site for any purpose that is prohibited by these Terms. You agree that you are responsible for your own activities and/or conduct while using the Site, and for any consequences thereof.

4.2. Objectionable Actions/Content. You agree that you shall not, and shall not permit any third party to (unless applicable law mandates that you be given the right to do so) take any action that:

• extracts, scrapes, indexes, intercepts, mines or otherwise collects information about the Site or Content;
• uses automation software, bots, hacks, mods or any other unauthorized software designed to modify or interfere with the Site;
• uses the Site or Content, or any portion thereof, for any commercial purpose or in a manner not permitted by these Terms;
• attempts to access or search the Site or Content or download Content from the Site through the use of any technology or means other than those provided by WAC Group or other generally available third-party web browsers (including without limitation automation software, bots, spiders, crawlers, data mining tools, or hacks, tools, agents, engines, or devices of any kind);
• attempts to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Site or Content;
• submits or transmits any Content that infringes, misappropriates, or violates a third party’s patent, copyright, trademark, trade secret, moral rights, or other intellectual property rights, or rights of publicity or privacy;
• uses any meta tags or other hidden text or metadata utilizing a WAC Group trademark, logo, URL, or product name without WAC Group’s express written consent;
• attempts to probe, scan, or test the vulnerability of any WAC Group system or network or the Site, or breach any security or authentication measures;
• interferes with, or attempts to interfere with, the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mailbombing the Site;
• uses the Site in a way that disrupts or harms its operation;
• attempts to gain unauthorized access to systems or data;
• misuses any intellectual property displayed on the Site;
• violates any applicable law or regulation, including U.S. export and re-export control laws; or
• encourages or enables any other individual to do any of the foregoing.

4.3. We have the right to investigate violations of these Terms or conduct that affects the Site. We may also consult and cooperate with law enforcement authorities to prosecute users and others who violate the law.

4.4. You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Site (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction; (ii) modify, translate, or otherwise create derivative works of any part of the Site; (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder; or (vi) use or develop any application that interacts with the Site or Content without WAC Group's written permission. You shall abide by all applicable local, state, national and international laws and regulations.

4.5. We reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to user support requests, or (v) protect the rights, property or safety of us, our users and the public.

4.6. If for any reason the Site is not running as originally planned (e.g., if it becomes corrupted, or if infection by a computer virus, bugs, tampering, unauthorized intervention, actions by users, fraud, technical failures, or any other causes of any kind, in the sole opinion of WAC Group corrupts or affects the administration, security, fairness, integrity or proper conduct of the Site), WAC Group reserves the right, in its sole discretion, to take any action we deem appropriate.

4.7. ANY ATTEMPT BY YOU TO DISRUPT OR INTERFERE WITH THE SITE, INCLUDING WITHOUT LIMITATION UNDERMINING OR MANIPULATING THE LEGITIMATE OPERATION OF ANY COMPUTER SYSTEM OR APPLICATION, IS A BREACH OF WAC GROUP’S TERMS AND MAY BE A BREACH OR VIOLATION OF CRIMINAL AND CIVIL LAWS.

5. DMCA Copyright Policy

5.1. If you believe that any content, or other materials, posted on the Site constitutes an infringement of your copyrights, we will respond promptly to any properly submitted notice containing the information detailed below. Pursuant to Title 17, United States Code, Section 512(c)(2), written notifications of claimed copyright infringement should be sent to our Designated Agent at the following contact information: https://wacgroup.com/contact-us.

5.2. To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

5.3. It is our policy to terminate the access of anyone who repeatedly infringes the copyright rights of others.

6. Third Party Services and Resources

6.1. Third Party Links. The Site may contain links to third party websites or resources. WAC Group provides these links only as a convenience and is not responsible for the content, products, or services on or available from those websites or resources, or links displayed on such websites. We do not monitor or control the linked sites and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of, any of the content uploaded, displayed, or distributed, or products, or services available at these sites. The presence of a link to a third party site does not constitute or imply our endorsement, sponsorship, or recommendation of the third party or of the content, products, or services contained on, or available through, the third party site. We reserve the right to disable links from or to third party sites. To the extent permitted under applicable law, you acknowledge sole responsibility for and assume all risk arising from, your use of any third party websites or resources.

6.2. Third Party Resources. WAC Group is not responsible for the availability or quality of your devices or any third party services ("Third Party Resources"), including cell phone networks, hotspots, wireless internet and other services. Such Third Party Resources may affect your ability to utilize the Site and you hereby waive and release WAC Group and any other party involved in creating or delivering the Site from all claims, demands, causes of action, damages, losses, expenses or liability which may arise out of, result from, or relate in any way to such third party services.

6.3. Third Party Merchants / Manufacturers / Providers. The Site may enable you to order and receive products, information and services from businesses that are not owned or operated by us. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services or information, opinion or advice ordered or received from such businesses are solely between you and such businesses. We do not endorse, warrant, or guarantee such products, information, or services, and are not liable for the accuracy, completeness, or usefulness of such information or the quality or availability of such products or services. We will not be a party to or in any way be responsible for monitoring any transaction between you and third party providers of such products, services, or information, or for ensuring the confidentiality of your credit card information. Any separate charges or obligations you incur in your dealings with these third parties are your responsibility.

6.4. Brand Sites. WAC Group operates the Site as the parent company of WAC Lighting, Modern Forms, and Schonbek (collectively referred to as “WAC Group Brands” or “Our Brands”). Our Site may link to the websites for Our Brands (“Brand Site(s)”). When you visit a Brand Site you understand that you are subject to that Brand Site’s terms and privacy policies, which are provided below, and which may differ from the Terms and Privacy Policy applicable to this Site. All warranties, product obligations, and service terms, are managed individually by those brands. Please refer to the applicable Brand Site for complete details (See Section 7 below). We may update the list of Brand Sites and the links below from time to time. For product purchases, transactions, and brand-specific terms, please review:

• WAC Lighting Terms of Use and Privacy Policy
• Modern Forms Terms & Conditions and Privacy Policy
• Schonbek Terms & Conditions and Privacy Policy

7. Disclaimer of Warranties

THE SITE AND CONTENT ARE PROVIDED "AS IS", “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. WAC GROUP, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES DO NOT WARRANT THAT:

• (i) The Site will be secure or available at any particular time or location;
• (ii) The Site will be accurate or reliable;
• (iii) Any defects or errors will be corrected;
• (iv) Any Content or software available at or through the Site is free of viruses or other harmful components;
• (v) The results of using the Site will meet your requirements.

Your use of the Site is solely at your own risk. WAC Group expressly disclaims and is not responsible for your use of any third party sites and linked brand sites.

WAC Group does not sell products directly. All warranties, product obligations, and service terms are managed individually by Our Brands. Please refer to the appropriate brand warranty page for complete details:

• WAC Lighting Warranty
• Modern Forms Warranty
• Schonbek Terms & Conditions (including Warranty)

8. Limitations of Liability

8.1. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT NEITHER WAC GROUP, NOR OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES WILL BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR GOODWILL, SERVICE INTERRUPTION, DEVICE DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE SERVICES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WAC GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

8.2. UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR ANY SMARTPHONE OPERATING COSTS OR NETWORK CHARGES INCURRED WHILE USING THE SITE, OR ANY DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE SITE, INCLUDING BUT NOT LIMITED TO RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SITE OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO WAC GROUP RECORDS, PROGRAMS, OR PLATFORM. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT AVAILABLE THROUGH THE SITE.

8.3. TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE TOTAL LIABILITY OF WAC GROUP, AND EACH OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, AN ENDEAVOR, OR FROM THE USE OF OR INABILITY TO USE THE SITE OR CONTENT EXCEED ONE HUNDRED DOLLARS ($100.00 USD). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WAC GROUP AND YOU.

8.4. THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO A USER, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO SUCH USER, AND SUCH USER MAY HAVE ADDITIONAL RIGHTS.

9. Indemnification

YOU SHALL DEFEND, INDEMNIFY, AND HOLD HARMLESS WAC GROUP, AND OUR AFFILIATES AND EACH OF OUR AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, CONTRACTORS, SUPPLIERS, PARTNERS, SUBSIDIARIES AND/OR RELATED COMPANIES FROM ALL LIABILITIES, CLAIMS, AND EXPENSES, INCLUDING REASONABLE ATTORNEYS’ FEES, THAT ARISE FROM OR RELATE TO YOUR USE OR MISUSE OF, OR ACCESS TO, THE SITE, OR CONTENT IN VIOLATION OF THESE TERMS, OR INFRINGEMENT BY YOU, OR ANY THIRD PARTY USING YOUR IDENTITY IN THE SITE, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY. WE RESERVE THE RIGHT TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU, IN WHICH EVENT YOU WILL ASSIST AND COOPERATE WITH US IN ASSERTING ANY AVAILABLE DEFENSES.

10. Governing Law, Arbitration and No Class Actions

10.1. Governing Law. YOUR USE OF THE SITE AND ANY DISPUTE ARISING OUT OF OR IN CONNECTION WITH THE SITE INCLUDING THE TERMS AND PRIVACY POLICY SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE WITH THE LAWS OF THE STATE OF NEW YORK WITHOUT GIVING EFFECT TO ANY CONFLICT OF LAWS PROVISIONS.

10.2. Arbitration. YOU UNDERSTAND AND AGREE THAT ALL CLAIMS, DISAGREEMENTS, DISPUTES OR CONTROVERSIES BETWEEN YOU AND WAC GROUP, AND ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, PARTNERS, AFFILIATES, SUBSIDIARIES AND/OR RELATED COMPANIES ARISING OUT OF OR RELATING TO THE SITE, TO THE USE OR ACCESS THEREOF, TO THE ADVERTISING AND OTHER CONTENT ON THE SITE, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS OF USE SHALL BE RESOLVED BY FINAL AND BINDING ARBITRATION, WHICH MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION ARISES. THE ARBITRATION SHALL TAKE PLACE IN NASSAU COUNTY, NEW YORK, OR IN THE CITY NEAREST TO OUR PRINCIPAL PLACE OF BUSINESS WHERE THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) HAS AN OFFICE. THE ARBITRATION SHALL BE ADMINISTERED BY AAA IN ACCORDANCE WITH TITLE 9 OF THE U.S. CODE (UNITED STATES ARBITRATION ACT) UNDER THE AAA’S COMMERCIAL DISPUTE RESOLUTION PROCEDURES AS SUPPLEMENTED BY THE SUPPLEMENTARY PROCEDURES FOR CONSUMER-RELATED DISPUTES (AND AS STATED THEREIN, IF THERE IS A DIFFERENCE BETWEEN THE COMMERCIAL DISPUTE RESOLUTION PROCEDURES AND THE SUPPLEMENTARY PROCEDURES, THE SUPPLEMENTARY PROCEDURES WILL BE USED). YOU AND WE VOLUNTARILY AND KNOWINGLY WAIVE ANY RIGHT YOU OR WE HAVE TO A JURY TRIAL. YOU AND WE AGREE THAT ANY SUIT, ACTION OR PROCEEDING SHALL BE BROUGHT IN THE STATE OF NEW YORK AND HEREBY IRREVOCABLY CONSENT TO BE SUBJECT TO THE PERSONAL JURISDICTION THEREOF AND WAIVE ANY CLAIM OF FORUM NON CONVENIENS OR LACK OF PERSONAL JURISDICTION THAT YOU OR WE MAY OTHERWISE HAVE.

10.3. No Class Actions. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY AND ALL DISPUTES, CLAIMS AND CAUSES OF ACTION YOU MAY HAVE IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND CONTENT ON THE SITE, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS WILL BE RESOLVED INDIVIDUALLY, WITHOUT RESORT TO ANY FORM OF CLASS ACTION. YOU SHALL NOT BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS IN ARBITRATION BY OR AGAINST OTHER USERS/CONSUMERS OR ARBITRATE, AS A REPRESENTATIVE OR MEMBER OF A CLASS OR IN A PRIVATE ATTORNEY GENERAL CAPACITY, ANY CLAIM, DISPUTE OR CAUSE OF ACTION IN CONNECTION WITH OR RELATED TO THE SITE, TO THE USE THEREOF OR ACCESS THERETO, TO THE ADVERTISING AND CONTENT ON THE SITE, OR OTHER FEATURES OFFERED, ADVERTISED, MARKETED, SOLD AND/OR MADE AVAILABLE ON OR THROUGH THE SITE, AND/OR TO THESE TERMS.

11. Visitors From Outside United States

We are a United States company that utilizes service providers located in the United States. This Site is designed and directed toward citizens of the United States. Therefore, when you use our Site, your information may be transferred to, stored and/or processed outside of the country in which you reside and may be maintained on servers and systems located within the United States or other countries. The data protection laws in the United States and those other countries might not be as strict as those in your country. BY USING OUR SITE AND/OR SUBMITTING INFORMATION TO US, YOU SPECIFICALLY ACKNOWLEDGE THESE RISKS AND CONSENT TO THE TRANSFER OF YOUR INFORMATION TO THE UNITED STATES AND THE FACILITIES AND SERVERS UTILIZED BY US AND THOSE WITH WHOM WE MAY SHARE YOUR INFORMATION.

12. Accessibility

WAC Group is committed to ensuring that its website is accessible to people with disabilities. If you have difficulty using or accessing any part of our website, please feel free to email us at https://wacgroup.com/contact-us. We will work with you to provide you with the information you seek through a communication method that is accessible for you. Please contact us at https://wacgroup.com/contact-us if you have any feedback or suggestions as to how we could improve the accessibility of this website.

13. Miscellaneous

13.1. Entire Agreement. The Terms constitute the entire and exclusive understanding and agreement between WAC Group and you regarding the Site and Content, superseding any prior agreements between you and WAC Group with respect to the Site.

13.2. Waiver and Severability. The provisions of these Terms are intended to be interpreted in a manner which makes them valid, legal and enforceable. The failure of WAC Group to enforce any right of the provisions in these Terms shall not constitute a waiver of such right or provision. In the event that any provision of these Terms is found to be partially or wholly invalid, illegal or unenforceable, such provision shall be modified or restricted to the extent and in the manner necessary to render it valid, legal and enforceable. It is expressly understood and agreed that such modification or restriction may be accomplished unilaterally by WAC Group, or alternatively, by disposition of an arbitrator or a court of law. If such provision cannot under any circumstances be so modified or restricted, it shall be excised from these Terms without affecting the validity, legality or enforceability of any of the remaining provisions.

13.3. Force Majeure. Neither WAC Group, any user, nor any other party involved in creating, producing, or delivering the Site or Content shall be liable with respect to any damages, injuries, nonperformance or delay in performance by reason of any act of God, weather, fire, flood, acts of terror or foreign enemy, satellite or network failure, governmental order or regulation, trade dispute, or any other cause beyond its respective control.

13.4. Notice. Any notices or other communications provided by WAC Group under these Terms will be given: (a) via email; or (b) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted to any email address you provided.

13.5. Waiver. WAC Group’s failure to enforce any right or provision of these Terms will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of WAC Group. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise.

13.6. Assignment. These Terms are not assignable, transferable or sublicensable by you except with our prior written consent. You may not assign or transfer these Terms, by operation of law or otherwise, without WAC Group’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, is void. WAC Group may freely assign or transfer these Terms without restriction, and the transferor or assignor shall not remain jointly and severally liable. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

13.7. Headings. The section and paragraph headings in these Terms are for convenience only and shall not affect their interpretation.

13.8. Agency. No agency, partnership, joint venture, or employment relationship is created as a result of these Terms and neither party has any authority of any kind to bind the other in any respect.

13.9. Electronic Communications. When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide you electronically satisfy any legal requirement that such communications be in writing.

13.10. Contact Information. If you have any questions about these Terms or the Site, please contact WAC Group at https://wacgroup.com/contact-us.