Legal

(January 1, 2024)

These legal terms and conditions ("Terms of Sale"), as amended from time to time, apply to you and your purchase of any products from Nancy von Riesen through the online store website located at www.nancyvonriesen.com (the "Site") that are shipped to any state within the United States of America, including Alaska and Hawaii ("United States" or U.S."). In these Terms of Sale “The Waverly Graham Company LLC”, “Nancy von Riesen”, “we”, “us”, or “our” means The Waverly Graham Company LLC with its registered office at 30 North Gould Street, Suite R, Sheridan, Wyoming 82801, telephone number (206)329-5132, and “you” or “your” means you, our customer.

Please read these Terms of Sale carefully before placing an order through the Site. These Terms of Sale are intended to supplement the Site's (i) Terms of Use (which can be viewed here Terms of Use ) which governs your use of the Site, and (ii) Privacy Policy (which can be viewed here, which describes how we use and process the information that we obtain in connection with your use of the Site and purchase of products through the Site.

NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH NANCY VON RIESEN. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.

By placing an order for products through the Site, you confirm that you have read the Terms of Sale in effect at the time of your order, and you agree to be bound by and accept the Terms of Sale in effect at the time of such order. All sales are expressly conditioned upon your agreement to these Terms of Sale.

After you place an order and it is accepted by us, we will send you an e-mail confirmation confirming all or part of the ordered products ("Order Confirmation"). These Terms of Sale along with your Order Confirmation constitute the contract between us and you for the sale of such products. No other terms and conditions shall apply. The contract cannot be modified by you unless we agree to vary it in writing or by email.

Nancy von Riesen reserves the right, at any time and in its sole discretion, to change, modify, revise, add or remove portions of these Terms of Sale, without prior notice to you, by posting a link to the updated or revised Terms of Sale; provided, however, that no such changes to the Terms of Sale will apply to any order for which you have already received an Order Confirmation. If you do not agree to changes to these Terms of Sale, you must not place an order for products through the Site.

A copy of these Terms of Sale can be stored electronically or printed by all users of our Site.

NANCY VON RIESEN MAKES NO EXPRESS REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY OR COMPLETENESS OF INFORMATION ON THIS SITE OR THE CONDITION, FEATURES OR AVAILABILITY OF PRODUCTS DESCRIBED OR OFFERED FOR SALE ON THIS SITE. NANCY VON RIESEN DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. ANY PURCHASE IS “AS IS” AND AT YOUR OWN RISK. YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISSATISFACTION, DEFECTS, ERRORS OR PROBLEMS REGARDING ANY PRODUCTS THAT YOU PURCHASE OR ATTEMPT TO PURCHASE VIA THE SITE SHALL BE AS EXPRESSLY SET FORTH IN OUR RETURN AND CANCELLATION POLICY SET FORTH BELOW.

NANCY VON RIESEN WILL NOT BE LIABLE FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS, COSTS OF COVER, LOSS OF BUSINESS, OR ANY SIMILAR OR OTHER DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. TO THE FULLEST EXTENT PERMITTED BY LAW, NANCY VON RIESEN'S SOLE AND EXCLUSIVE LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID BY YOU FOR THE PURCHASE OF PRODUCTS FROM THIS SITE. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

THE AFOREMENTIONED LIMITATIONS OF LIABILITY SHALL APPLY TO ANY LOSS OR DAMAGES, HOWEVER CAUSED AND REGARDLESS OF THE THEORY OF LIABILITY, WHETHER DERIVED FROM CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, STRICT LIABILITY AND NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF NANCY VON RIESEN WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER ANY OF THE LIMITED REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE.

To place an order, you must be at least 18 years of age and by placing an order, you represent that you are at least 18 years of age. To place an order, you will have to select the products on the Site you wish to purchase, select their color and, where applicable, size, and add the items to your shopping bag. If you wish to proceed with the purchase, click on “PROCEED TO CHECKOUT” button.

If you wish to proceed with the purchase, click on “PROCEED TO CHECKOUT” button.

At your option, you may proceed through the registration or the login into your personal account (in this case, you are responsible for maintaining the confidentiality of your password and restricting access to your password and account. You agree to accept responsibility for all purchases and activities that occur under your account) or you may proceed without any registration.

Once you have selected your payment method you will be redirected to the payment page where in order to finalize the checkout you will click on the "SUBMIT ORDER AND PAY" button.

After we have received the order that you have placed through the Site or by telephone, you will receive an e-mail from us confirming that your order has been received by us and is being processed ("Order Processing Receipt"). If you do not receive an Order Processing Receipt within 48 hours of placing the order, contact us at (206)329-5132 or toll free at (xxx) xxx-xxxx or by e-mail at customer-service@nancyvonriesen.com before you try to place another order for the same products.

Please note that the Order Processing Receipt reflects the processing of your order and it does not necessarily constitute acceptance of your order. Orders are subject to acceptance by us and we may, at any time and at our sole discretion, refuse to accept your order, including but not limited to cases where:

you provided us with incorrect or false information, including without limitation, insufficient or incorrect payment or billing information, or insufficient or incorrect shipping address (in this regard, please note we do not ship products to P.O. boxes);

there is an error on the Site relating to the products that you have ordered, for example an error relating to the price or description of the products as displayed on our Site;

the products that you have ordered are no longer available through our Site;

the amount of the proposed transaction is excessively high, based on our case-by-case evaluation, and subject to our discretion; or

we believe that you are under the age of 18.

If we do not accept your order, we will contact you at the e-mail address or telephone number that you provided to us within thirty (30) days from the date of your order. If you place an order by telephone you must register with the Site during the call and provide us with an e-mail address.

As every Nancy von Riesen product is custom made for you, if we accept your order your credit card will be charged at the time we send you an Order Confirmation and an electronic invoice ("e-invoice") for your order. You hereby acknowledge and agree that we reserve the right to accept your order in whole or in part; therefore, in the event of partial acceptance, your card will be charged and the products will be shipped for the part of the order that was accepted.

If you have any questions, comments or concerns regarding your order, or if you think that your order was rejected by us in error, please contact us using the contact information provided under the section titled “CUSTOMER SERVICE” below.

The images of the products on the Site are for illustrative purposes only. Although we have made every effort to display the colors accurately, we cannot guarantee that your computer's display of the colors accurately reflects the color of the products, and the products you receive may vary from those images.

While we use reasonable efforts to maintain accurate pricing, availability, and other information about products displayed on the Site, such information does not warrant or guarantee that the products will be available if you wish to place an order to purchase them.

We have the right, at any time, to make changes to the information about products displayed on the Site, including without limitation information about prices, description or the availability of products and we may do so without prior notice to you. Changes will not, however, impact the price, availability or description of any products for which you received an Order Confirmation.

You may purchase products for delivery to a recipient other than yourself (a "Gift").

Please note that it is your responsibility to provide the recipient's personal data in compliance with all applicable privacy laws.

If we accept your order, you will receive an Order Confirmation from us at the time we accept your Gift order to the recipient, and a shipment confirmation when the product(s) ship. If you would like us to also notify the gift recipient of the shipment, please notify us at customer-service@nancyvonriesen.com or by telephone at (800)-xxx-xxxx or (206)329-5132.

All prices for products are displayed on the Site and will be confirmed in the order check-out page, in the Order Confirmation, and in the e-invoice you receive after we accept your order.

We reserve the right to vary the price of our products at any time, provided that we will not alter the price of any products after we send you the Order Confirmation.

Any taxes and duties are not included and are calculated according to the value of your order and your shipping destination, any such taxes and duties will be itemized on the order check-out page, the Order Confirmation, and the e-mailed invoice.

All shipping charges are your responsibility, unless waived by Nancy von Riesen. Shipping charges will be calculated and displayed on the Site prior to finalizing your order. Shipping charges are subject to change without notice.

Nancy von Riesen accepts payment by credit card, and Paypal, as listed on out check-out page. By submitting your order, you represent and warrant that you are authorized to use the designated payment method and authorize us to charge your order (including taxes, shipping and handling) to that payment method.

All transactions on the Site are processed using a payment gateway. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes, shipping and handling) to that card. If the card cannot be verified or is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.

You must supply your card details when you place your order. We will place a “hold” on your payment card for the total value of your order. If the “hold” on your card has been authorized by your bank, your credit card will be debited for the total value of the Order Confirmation at the time the Order Confirmation is sent. We will not accept your order until your credit card issuer has authorized the use of your card for payment of the products ordered. If we do not receive such authorization, we will notify you by e-mail. We reserve the right to verify the identity of the credit card holder by requesting appropriate documentation. After a “hold” on your payment card has been authorized by your bank, please be advised that, in case your credit card is debited for a lower amount than the total amount “held”, it is possible that the balance will not immediately be fully available to you for reasons beyond our control (e.g., delays by your credit card issuer in removing the “hold” from your credit card).

Please note that Nancy von Riesen is not responsible for any fees imposed by your credit card company.

If you intend to dispute the validity or amount of any charge that appears on your credit card statement with your credit card company, we encourage you to first contact our customer service department to determine if we can address any concerns that you may have.

We accept the following credit, charge and debit cards: Amex, Diners, Discover, MasterCard and Visa.

If you choose PayPal as your payment method, you will be redirected to the website PayPal where the payment for the products will be carried out following the procedure outlined and regulated by PayPal. By choosing to pay using PayPal, you acknowledge and agree that you will be subject to PayPal's terms and conditions. The data entered on the PayPal website will be handled directly by PayPal and will not be sent to or shared with us, except for the data that is necessary to perform the delivery of the products if you select the option of PayPal express check out. We will therefore have no knowledge of and cannot record in any way the details of the credit card connected to your PayPal account or any other payment instrument connected to said account.

We will place a “hold” on your PayPal account for the total value of your order. If the “hold” on your PayPal account has been authorized by PayPal, your PayPal account will be debited for the total cost of your order, as indicated in the Order Confirmation, at the time you receive the Order Confirmation. We will not accept your order until PayPal has authorized the use of your PayPal account for payment of the Products you ordered. If we do not receive such authorization, we will notify you. We reserve the right to verify the identity of the PayPal account holder by requesting appropriate documentation.

After a “hold” on your PayPal account has been authorized by PayPal, please be advised that, if your PayPal account is debited for a lower amount than the total amount so “held” (e.g.: if certain products are unavailable), it is possible that the balance will not be immediately fully available to you for reasons beyond our control (e.g.: delays by PayPal in removing the “hold” from your PayPal account).

When the products you ordered have been consigned to our carrier, we will send you a Shipment Confirmation.

Delivery will be made by courier during normal business hours. Please be advised that delivery charges may apply to your order and that our courier cannot deliver packages without receiving a signature.

Our third-party carrier will make any reasonable effort to deliver the products within the number of days specified in your Order Confirmation and Shipment Confirmation. However, any delivery date or time specified by us is an estimate only, and we will not be liable for any loss or damage suffered by you through any unavoidable delay in delivery. You can track the progress of your order by entering the tracking number directly into our carrier's website.

The risk of loss to products shall be passed to you upon delivery of such products. Title to products shall pass from Nancy von Riesen to you upon the later of (i) the date of delivery of such products, or (ii) the date on which we receive payment in full for such products. As soon as the products have been delivered to the destination address, you will become responsible for them, and for any loss or damage to them thereafter. Upon delivery of the products, and before signing any document attesting delivery, you must carefully check the integrity of the package.

You must not misrepresent yourself as being one of our authorized resellers or as being qualified to resell our products. We reserve the right to refuse to accept your order, if we suspect that you intend to resell our products.

The following policy applies only to products shipped to any state or territory within the U.S., that are purchased from nancyvonriesen.com. We will not accept returns/exchanges of products purchased through any other web site, third party reseller, or retail location.

Please see the specific applicable conditions below:

To Return or Exchange An Item Online Using Nancy von Riesen's Free Pick Up Service:

As all items are bespoke, we provide store/site credit exclusively. You may return any item purchased through the Site within 14 days after the item is received so long as the item is received in pristine, unused condition.

We exercise stringent quality assurance procedures throughout the process. In the unlikely event of a defect or damage during shipping, we will replace your item or provide you with store/site credit for any item returned in clean and unused condition.

Returning or exchanging purchased products using our return service is free and can be done by contacting customer-service@nancyvonriesen.com

IF, IN OUR SOLE DISCRETION, WE BELIEVE THAT THE NUMBER OF EXCHANGES YOU MAKE ARE EXCESSIVE, WE RESERVE THE RIGHT TO PROVIDE YOU WITH A REFUND AND TO REFUSE TO PROVIDE YOU WITH FURTHER EXCHANGES.

IN CASES WHERE THE PRODUCTS APPEAR TO BE WORN OR USED, ARE MISSING ANY OF THE LABELS OR TAGS, DO NOT COMPLY WITH OUR TERMS OF SALE, OR WHERE WE HAVE ANY REASON TO BELIEVE THAT THE PRODUCTS ARE FRAUDULENT OR WERE NOT PURCHASED DIRECTLY ON OUR SITE, WE WILL NOT BE ABLE TO ACCEPT THE RETURN/EXCHANGE.

We offer customer assistance for any questions related to the use of the Site, the placement of an order, the tracking of products, the availability of products, the login/registration process and any further information you may need in connection with the use of our Site and/or our products.

Our customer service is available in English Monday through Friday between the hours of 9:00 AM to 6:00 PM Pacific Time except for holidays.

If you need any information we invite you to refer to the “FAQ section” on our Site and if you are not satisfied you may contact us by email (customer-service@nancyvonriesen.com) or by phone ((206)329-5132 or toll free at (800) xxx-xxxx).

Please read the following Dispute Resolution and Arbitration; Class Action Waiver provision (this “Provision”) carefully. It affects your rights.

Please read this Provision carefully. It provides that all Disputes (as defined below) between you and Nancy von Riesen shall be resolved by binding arbitration. Arbitration is a form of private dispute resolution and replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into these Terms of Sale constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow these Terms of Sale and can award the same damages and relief as a court (including attorney's fees).

For purposes of this Provision, “Nancy von Riesen” means Nancy von Riesen and its parents, subsidiaries, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and Nancy von Riesen regarding, arising out of or relating to any aspect of your relationship with Nancy von Riesen, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable cause of action or claim for relief, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced and shall include any claims against other parties relating to services or products provided or billed to you (such as Nancy von Riesen’s licensors, suppliers, dealers or third-party vendors) whenever you also assert claims against us in the same proceeding.

YOU AND NANCY VON RIESEN EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.

For all Disputes, whether pursued in court or arbitration, you must first give Nancy von Riesen an opportunity to resolve the Dispute. You must commence this process by emailing us written notification to customer-service@nancyvonriesen.com. That written notification must include (1) your name, (2) your address, (3) a written description of the Dispute, and (4) a description of the specific relief you seek. If Nancy von Riesen does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.

Notwithstanding the above, you or Nancy von Riesen may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THESE TERMS OF SALE (the “Opt-Out Deadline”). You may opt out of this Provision by emailing us written notification to customer-service@nancyvonriesen.com Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with Nancy von Riesen through arbitration. Your decision to opt-out of this Provision will have no adverse effect on your relationship with Nancy von Riesen. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.

If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or Nancy von Riesen may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration only, and shall in no event be commenced as a class arbitration or a consolidated or representative action or arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.

For arbitration before AAA, for Disputes of less than $75,000, the AAA's Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA's Commercial Arbitration Rules will apply. In either instance, the AAA's Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action or representative action procedures or rules apply to the arbitration.

Because these Terms of Sale concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.

Arbitration Award - The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party or if required by applicable law. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA or other applicable law, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.

Location of Arbitration - You or Nancy von Riesen may initiate arbitration in Cheyenne, Wyoming or such other location, as mutually agreed upon in advance of a filing. You agree to bring any and all claims in connection with any disputes arising out of or related to these Terms of Sale exclusively in the District and Chancery Courts in the State of Wyoming and you further consent to the jurisdiction of the State of Wyoming for any claims we bring against you in connection with any disputes arising out of or related to the use of these Terms of Sale.

Payment of Arbitration Fees and Costs - Nancy von Riesen will pay all arbitration filing fees and AAA or JAMS hearing fees and any arbitrator's hearing fees, costs and expenses upon your written request to the arbitrator given at or before the first evidentiary hearing in the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with Nancy von Riesen as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney's fees and costs as determined by the arbitrator.

Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, representative action, or private attorney general action) unless both you and Nancy von Riesen specifically agree to do so in writing following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Nancy von Riesen Web Service can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.

Arbitration does not involve a judge or jury. You understand and agree that by entering into these Terms of Sale you and Nancy von Riesen are each giving up the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and Nancy von Riesen might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.

If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable, and the Dispute will be decided by a court.

This Provision shall survive the termination of your service with Nancy von Riesen or its affiliates. Notwithstanding any provision in these Terms of Sale to the contrary, you and Nancy von Riesen agree that if Nancy von Riesen makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require Nancy von Riesen to adhere to the present language in this Provision if a dispute between us arises.

These Terms of Sale, and any disputes arising out of or relating to these Terms of Sale, shall be governed by the Federal Arbitration Act and the laws of the State of Wyoming, USA, without giving effect to its conflicts of law principles and excluding the U.N. Convention on the International Sale of Goods. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms of Sale will be heard in the courts located in in the City of Cheyenne, State of Wyoming.

If we fail, at any time during the term of our contract, to insist upon strict performance of any of your obligations under the contract or any of these Terms of Sale, or if we fail to exercise any of the rights or remedies to which we are entitled pursuant to the Terms of Sale, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default. No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

If any provision of these Terms of Sale is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction, such provision will be separable from the remainder of the provisions hereof which will continue in full force and effect as if these Terms of Sale had been executed with the invalid provisions eliminated.

Nothing in these Terms of Sale, express or implied, is intended to confer rights, benefits, remedies, obligations or liabilities on any person other than you and Nancy von Riesen (and its respective successors or permitted assigns).