SEXUAL WELLNESS AWARDS - TERMS AND CONDITIONS

This document outlines the Terms and Conditions ("Terms") governing participation in the Sexual Wellness Awards ("SXWA") operated by Lunch Consulting LLC d/b/a Sexual Wellness Awards, herein referred to as the "Organizer", applicable to all individuals, groups, entities ("Participants"), and users of the SXWA website ("Users") who wish to engage with or enter the awards. By entering, participating in SXWA, or using the SXWA website (https://www.thesxwa.com/), Participants and Users agree to be bound by these Terms, which form a legally binding agreement between the Participant/User and the Organizer.

The SXWA aims to recognize and celebrate excellence in the field of sexual wellness. Participation is open to all who meet the eligibility criteria as defined by the Organizer. The Organizer reserves the right to amend these Terms at any time without prior notice. All amendments will be applicable from the date they are published on the SXWA website or communicated to Participants in any other way.

Participation in SXWA is subject to compliance with these Terms as well as any other rules, guidelines, or instructions provided by the Organizer. Failure to comply with any of these conditions may result in disqualification from the awards.

I - ELIGIBILITY

The Sexual Wellness Awards are open to brands and organizations globally, provided their products or services are available for consumer purchase or are set to launch by the end of the awards year. Brands must demonstrate a commitment to sexual wellness, inclusivity, and ethical practices, including sustainable production methods, transparency in marketing, and prioritization of user safety. Misrepresented or falsely provided information may lead to disqualification.

II - SUBMISSION PROCESS

Participants wishing to enter the SXWA must adhere to the following submission process:

Complete the submission form available on the SXWA website (https://www.thesxwa.com/). All information provided must be factual and accurate.
In certain cases, physical product samples may be requested by the Organizer for review. Participants will be notified if such samples are required.
A submission fee is applicable for each product category entered. Fees range from $99 to $399, payable at the time of submission. The exact fee depends on the date and can be found on the SXWA website.
Each entry requires a submission fee and covers a single product only. If you wish to enter multiple products, please submit each separately. However, if your items are sold as a bundle (e.g., set or collection), you may enter the bundle as one entry, and the winners’ badge can be used specifically on that bundle listing. Otherwise, each product requires separate evaluation and entry fees. This allows us to fairly assess each product on its own merits and ensure the judging process is thorough.

By submitting an entry, Participants agree to be bound by the Terms and Conditions of the SXWA.

III - JUDGING CRITERIA

The judging of entries submitted to the SXWA shall be conducted by a panel of experts, which may include but is not limited to obstetricians/gynecologists (OB/GYNs), urologists, psychologists, and other specialists in fields relevant to sexual wellness. The evaluation of products will be based on a comprehensive set of criteria, including their impact and experience, ethics, safety, design, and innovation. The Organizer reserves the right to adjust the composition of the judging panel, and the criteria used for evaluation as deemed necessary.

IV - RIGHTS AND USAGE

By participating in the SXWA, Participants grant the Organizer, and its appointed Panel of Experts, a non-exclusive, royalty-free, worldwide license to use, reproduce, display, perform, and distribute any submitted product information, images, and related materials ("Submitted Materials") for the purposes of organizing, promoting, and conducting the SXWA. This includes the right to share product samples with their audiences and use Submitted Materials in any media, including but not limited to digital and print formats, for promotional purposes related to the SXWA.

Participants may request confidentiality for specific Submitted Materials by submitting a written request to the Organizer prior to submission. Such requests will be reviewed on a case-by-case basis, and the Organizer reserves the right to accept or deny these requests at its sole discretion. If confidentiality is granted, the Organizer will take reasonable steps to ensure the requested materials are not publicly disclosed.

Participants acknowledge and agree that no compensation will be provided for any use of Submitted Materials as described herein. This grant of rights is conditional upon the Participant's compliance with the Terms and Conditions of the SXWA.

V - CANCELLATION OR WITHDRAWAL PROCESS

Participants who wish to cancel their entry or withdraw from the Sexual Wellness Awards (SXWA) must adhere to the following process:

1. Participants must submit a written notice of cancellation or withdrawal to the Organizer. This notice must be sent via email to the address provided by the Organizer for official communications.

2. The written notice must acknowledge that the Participant has read and understands the Terms and Conditions of the SXWA, including the policy that submission fees are non-refundable except in circumstances where the Organizer cancels the SXWA event.

3. While not required, Participants are encouraged to provide a brief explanation for their decision to withdraw. This information will be used by the Organizer to improve future editions of the SXWA.

4. Upon receipt of the written notice, the Organizer will send a confirmation email to the Participant, acknowledging the withdrawal and the date it was processed.

5. Participants who cancel their entry or withdraw from the SXWA are not eligible for a refund of the submission fee, except in cases where the event is canceled by the Organizer. Withdrawal from the SXWA does not affect the Participant's rights to their Submitted Materials, which remain governed by the Terms and Conditions of the SXWA.
6. Cancellation or withdrawal from the SXWA does not preclude Participants from entering future editions of the awards, subject to the eligibility criteria and Terms and Conditions in effect at the time of such future participation.

The Organizer reserves the right to amend the cancellation or withdrawal process at any time without prior notice. Participants are encouraged to review the official SXWA website regularly for updates.

VI - REFUND POLICY

Submission fees are non-refundable except in circumstances where the Organizer cancels the SXWA event. In such cases, Participants will be eligible for a full refund of their submission fees. If a Participant withdraws their submission or is disqualified due to non-compliance with these Terms, no refund will be provided.

VII - ACCEPTABLE CONDUCT BY PARTICIPANTS

Participants and Users of the SXWA are required to conduct themselves in a manner that fosters a respectful, positive, and inclusive community. The Organizer is committed to creating an environment where diverse voices are heard and respected, and where Participants and Users feel valued and safe.

To this end, the following conduct is expected from all Participants and Users:

Respect for Diversity: All Participants and Users must respect individual differences and refrain from discriminatory or prejudicial behavior based on race, color, religion, gender, gender identity or expression, sexual orientation, national origin, genetics, disability, age, or any other status protected by law.
Professionalism: Interactions with the Organizer, fellow Participants, Users, and any other affiliates of the SXWA should be conducted professionally and courteously. This includes communication in all forms—verbal, written, and digital.
No Harassment: Harassing, threatening, or intimidating behavior towards other Participants, Users, the Organizer, judges, or any affiliates of the SXWA is strictly prohibited. This includes but is not limited to:

Verbal or physical conduct designed to threaten, intimidate, or coerce.
Unwelcome sexual advances or requests for sexual favors.
Distributing or displaying to others any material that is sexually explicit, offensive, or demeaning.

Compliance with Laws: Participants and Users must comply with all applicable local, state, national, and international laws and regulations, including but not limited to those governing online conduct, acceptable content, and the transmission of technical data.
Intellectual Property Rights: Participants and Users must respect the intellectual property rights of others. Any unauthorized use of copyrighted materials; trademarks; or any other intellectual property without the express permission of the copyright owner is prohibited.

Any Participant or User found to be in violation of these conduct guidelines may be subject to disqualification from the SXWA, revocation of awards or recognition, and/or future bans from participation. Additionally, the Organizer reserves the right to take appropriate legal action against any Participant or User whose conduct is deemed to be unlawful or in violation of these Terms.

By participating in the SXWA or using the SXWA website, Participants and Users acknowledge their understanding and agreement to adhere to these Acceptable Conduct guidelines, thereby contributing to a positive and respectful SXWA community.

VIII - CONFIDENTIALITY

This Confidentiality clause is established to ensure the protection and confidential treatment of certain information exchanged between the parties in relation to the Sexual Wellness Awards SXWA.

All information related to the addresses and emails of the Participant and the Organizer shall be kept confidential and shall not be disclosed to any third party without prior written consent.

Submitted Materials provided by the Participant to the Organizer for the purpose of the SXWA may be used for promotional purposes. However, if the Participant expressly requests in writing that such materials not be used for these purposes, the Organizer shall honor this request and treat the materials as confidential.

Both parties agree to take all reasonable steps to ensure that confidential information is not disclosed or distributed by their employees or agents in violation of the terms of this agreement.

Confidential information does not include information that:

is or becomes publicly known through no act or omission of the receiving party;
was in the receiving party's lawful possession before the disclosure;
is lawfully disclosed to the receiving party by a third party without restriction on disclosure;
is independently developed by the receiving party, which independent development can be shown by written evidence.

This confidentiality obligation shall survive the termination of the Terms and continue indefinitely until such information becomes publicly known through no fault of the receiving party or is otherwise lawfully released.

IX - AWARDS AND RECOGNITION

The SXWA honors excellence in the field of sexual wellness by recognizing outstanding products and innovations. Winners and finalists of the SXWA are awarded digital badges, which they are entitled to use for promotional purposes, subject to the Terms. Additionally, winners have the exclusive option to purchase a physical award, symbolizing their achievement in the SXWA.

To utilize the digital badges and the title of being a winner or finalist, Participants must sign a licensing agreement with the Organizer. This agreement outlines the terms and conditions under which the digital badges and titles may be used for promotional activities. Compliance with these licensing terms is mandatory for all Participants wishing to leverage their recognition in the SXWA for promotional or any other purposes.

The Panel of Experts, composed of specialists in various fields relevant to sexual wellness, is responsible for the selection of winners and finalists. Their decision is final and binding on all Participants.

X - ODDS OF WINNING

The odds of winning an award in the SXWA are contingent upon the total number of eligible entries received during the designated Program Period. No assurances or guarantees are made regarding the odds of winning, as they will vary based on the participation level in each award category.

XI - BADGE USAGE AND LICENSING TERMS

Participants who are recognized as finalists or winners in the SXWA are granted the non-exclusive, revocable right to use the SXWA badge ("Badge") on their social media profiles and official websites for promotional purposes related to their participation in the SXWA, at no cost. This right is subject to the following conditions:

Badge use must be in a manner that is consistent with the dignity and reputation of the SXWA and must not be used in any way that could be deemed defamatory, misleading, or otherwise detrimental to the SXWA or its Organizer.
Badge use on social media and websites must clearly indicate the Participant's finalist or winner status in the SXWA to avoid any implication of endorsement or partnership beyond the scope of the awards.
Any use of the Badge for commercial purposes beyond social media and website promotion—such as on product packaging, in advertisements, or for the sale of merchandise—requires a separate licensing agreement with the Organizer. The terms of this agreement, including any licensing fees, will be based on the Participant's brand revenue, and must be negotiated directly with the Organizer.
The Organizer reserves the right to revoke the Badge usage rights at any time if the Participant's use of the Badge is found to be in violation of these terms or detrimental to the SXWA or its reputation.

XII - ENTRY QUALIFICATIONS

To participate in the SXWA, all participants must meet the following qualifications:

Participants must legally operate within the jurisdictions they are based in and comply with all relevant laws and regulations pertaining to their operations and the products they submit for consideration.
Products submitted for award consideration must adhere to the highest ethical standards and safety requirements as determined by the SXWA. This includes, but is not limited to, compliance with health and safety standards, ethical manufacturing processes, and respect for privacy and confidentiality.
Participants agree to provide accurate and truthful information regarding their products and operations. Any participant found to have submitted false information or whose products do not meet the SXWA's ethical and safety standards may be disqualified from the competition or stripped of any awards received.
Participants must agree to the Terms and Conditions set forth by the SXWA and ensure that their participation does not violate any third-party rights.

By entering the SXWA, participants acknowledge that they have read and agree to these qualifications and the Terms. The Organizer reserves the right to verify the eligibility of participants and their products at any stage of the competition. Failure to meet these qualifications may result in disqualification or the revocation of awards.

XIII - INTELLECTUAL PROPERTY RIGHTS

Participants retain all intellectual property rights to their Submitted Materials. By submitting an entry, Participants grant the Organizer a non-exclusive, royalty-free license to use, reproduce, and modify the Submitted Materials for the purposes outlined in these Terms. This includes the creation of derivative works or modifications necessary for promotional activities. Any modifications or derived works will remain the property of the Organizer for the purposes of SXWA promotion only and will respect the original intellectual property rights of the Participant.

XIV - NO GUARANTEE

THE ORGANIZER MAKES NO WARRANTIES, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS AND NEGATES ALL OTHER WARRANTIES, INCLUDING WITHOUT LIMITATION, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR OTHER VIOLATION OF RIGHTS. FURTHER, THE ORGANIZER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS WEBSITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE. THE ORGANIZER EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE PARTICIPATION IN SXWA WILL RESULT IN RECOGNITION, AWARD, OR THE ACHIEVEMENT OF SPECIFIC BUSINESS OR MARKETING GOALS.

XV - LIABILITY LIMITATION

The participant acknowledges and agrees that the SXWA, its organizers, affiliates, and the panel of experts shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if the SXWA has been advised of the possibility of such damages), resulting from: (i) the use or the inability to use the SXWA services; (ii) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the SXWA services; (iii) unauthorized access to or alteration of your transmissions or data; (iv) statements or conduct of any third party on the SXWA service; or (v) any other matter relating to the SXWA service.

All decisions made by the Panel of Experts regarding awards, recognitions, or any disputes related to the use of products after their submission to the SXWA are final and binding. The Participant hereby agrees to hold harmless and indemnify the SXWA, its organizers, affiliates, and the Panel of Experts from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of the Participant's use of the SXWA services, the Participant's violation of the Terms, or the Participant's violation of any rights of another.

XVI - SUBMISSION DEADLINES

The document specifies that the judging period for the Sexual Wellness Awards (SXWA) begins on November 1, 2024. Therefore, participants must ensure that their submissions are completed and submitted by this deadline to be eligible for consideration. It is the responsibility of the participant to verify the submission deadlines and ensure timely submission of their materials. The Organizer shall not be liable for any submissions that are not considered due to late submission.

XVII - JUDGING PERIOD

The judging period for the SXWA shall commence on November 1, 2024, and conclude on November 30, 2024. During this time, the Panel of Experts, appointed by the Organizer, will review all Submitted Materials from Participants to prepare a list of finalists for the Award Categories listed on the SXWA website. These finalists (“Category Winners”) will then be subject to final grading by the Panel of Experts and will also be considered for the Community Choice award. The Organizer reserves the right to extend the judging period if necessary to ensure a thorough and fair evaluation of all submissions.

XVIII - WINNERS ANNOUNCED

The Organizer shall announce the finalists of the SXWA in December 2024. Following the announcement, all finalists will be showcased on a public voting page on the SXWA website, where the voting process for the Community Choice Award will be open to the public. Each person will be limited to one round of voting, monitored by IP address to prevent repeat voting, ensuring a fair and equitable process. The winners of both the Community Choice Award and the Category Winners will be officially announced on January 7, 2025. The decision of the Panel of Experts, in conjunction with the results of the Community Choice Award voting, shall be final and binding in all respects.

Participants agree to abide by the decisions of the Panel of Experts and acknowledge that these decisions are made based on criteria set forth in the Terms and the expertise of the panel. The Organizer reserves the right to adjust the announcement dates, if necessary, due to unforeseen circumstances. Any changes to the schedule will be communicated to the Participants through official channels.

XIX - USE OF DATA

In accordance with the laws of the State of Florida and relevant data protection regulations, the Organizer will collect, use, and store any private or personal data ("Private Information") about the Participant that is submitted with the entry to the Sexual Wellness Awards. This collection is solely for the purposes of administering the awards, evaluating entries, and any other uses explicitly consented to by the Participant.

The Organizer commits to:

Ensuring that Private Information is kept secure and protected against unauthorized or unlawful processing, accidental loss, destruction, or damage.
Not disclosing Private Information to third parties without the express consent of the Participant, except as required by law or as necessary for the purposes of organizing and conducting the SXWA.
Providing Participants with access to their Private Information upon request, and making necessary amendments to ensure that such information is accurate and up to date.
Retaining Private Information no longer than is necessary for the purposes for which it was collected or as required by applicable law.

Participants have the right to request deletion of their Private Information at any time, subject to any legal obligations that may require the Organizer to retain certain information.

XX - INTERNATIONAL COMPLIANCE

Participants from outside the United States must ensure compliance with all applicable local, national, and international laws and regulations, including but not limited to data protection laws such as the General Data Protection Regulation (GDPR) for European participants. The Organizer is committed to ensuring that its practices conform with all relevant regulations and requires Participants to do the same. Participants must provide evidence of compliance upon request by the Organizer.

XXI - HEALTH AND SAFETY COMPLIANCE

Participants must ensure that all products submitted for consideration comply with applicable health and safety regulations and standards. This includes adherence to ethical manufacturing processes, safety certifications, and any other relevant guidelines. Failure to comply with these regulations may result in disqualification from the awards.

XXII - CONTACT INFORMATION

For any questions or issues related to these Terms and Conditions, Participants may contact the Organizer at:

The Sexual Wellness Awards (SXWA)

313 Datura St Suite 200

West Palm Beach, FL 33401

Email: team@thesxwa.com

XXIII - PROGRAM CHANGES

The Organizer reserves the right, at its sole discretion, to modify, cancel, extend, or suspend the SXWA or any part thereof at any time without prior notice. Such modifications may include, but are not limited to, changes in the judging criteria, awards criteria, submission deadlines, and event dates. The Organizer will endeavor to notify Participants of any significant changes to the program as soon as practicable. However, the Organizer shall not be liable for any damages, losses, or expenses incurred by the Participant or any third party as a result of such modifications or cancellations.

Participants acknowledge that the submission of their entry to the SXWA constitutes acceptance of these Terms and Conditions, including any and all changes made to the program. It is the responsibility of the Participant to stay informed of any changes to the SXWA by reviewing the official SXWA website or contacting the Organizer directly.

XXIV - PUBLICITY

By participating in the Sexual Wellness Awards (SXWA), each Participant grants the Organizer, and its agents, the irrevocable, royalty-free, and worldwide right to use, reproduce, modify, publish, and display the Participant's name, likeness, photographs, and any other Submitted Materials, in any and all media now known or hereafter devised, for the purpose of promoting the SXWA, without further payment, notification, or permission, except where prohibited by law. This includes, but is not limited to, use in press releases, promotional materials, and social media platforms.

Participants agree that any public statements or representations made by them regarding their participation in the SXWA or their Submitted Materials will be truthful, accurate, and not misleading, and will reflect positively on the SXWA, the Organizer, and other Participants.

Participants acknowledge that the Organizer reserves the right to disqualify any Participant from the SXWA at any time if the Organizer, in its sole discretion, determines that a Participant's public statements or representations are detrimental to the SXWA, the Organizer, or other Participants.

Notwithstanding the foregoing, Participants retain the right to use their own Submitted Materials for their own non-commercial purposes, provided that such use does not imply endorsement by or affiliation with the SXWA or the Organizer.

XXV - INDEMNIFICATION

The Participant agrees to indemnify, defend, and hold harmless the Organizer, its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, expenses, including reasonable attorneys’ fees, arising out of or in connection with the Participant's participation in the SXWA, the Participant's breach of the Terms, or the infringement by the Participant of any intellectual property or other right of any person or entity.

Furthermore, the Participant agrees to indemnify the Organizer against any claims arising from the unauthorized use of Confidential Information or Private Information submitted in connection with the SXWA. This indemnification obligation will survive the termination of the Participant's involvement in the SXWA and the expiration or termination of the Terms.

XXVI - TERMINATION

Either party may terminate this Agreement with immediate effect by providing written notice to the other party if the other party commits a material breach of its obligations under these Terms. Upon termination, the Organizer will cease using any Submitted Materials except as required for legal or regulatory purposes. Participants may request the return or destruction of their materials, subject to any legal obligations the Organizer may have to retain such materials.

XXVII - GOVERNING LAW

This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of the State of Florida, without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of, or related to, these Terms or the SXWA shall be instituted exclusively in the federal courts of the United States or the courts of the State of Florida in each case located in the city and county of Miami. Each party irrevocably submits to the exclusive jurisdiction of such courts in any such suit, action, or proceeding.

XXVIII - ARBITRATION

In the event of any dispute, claim, question, or disagreement arising from or relating to the Terms or the breach thereof, the parties hereto shall use their best efforts to settle the dispute, claim, question, or disagreement. To this effect, they shall consult and negotiate with each other in good faith and, recognizing their mutual interests, attempt to reach a just and equitable solution satisfactory to both parties. If they do not reach such solution within a period of 60 days, then, upon notice by either party to the other, all disputes, claims, questions, or disagreements shall be finally settled by arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.

The arbitration shall be conducted in the state of Florida and in accordance with the laws of the state of Florida. The arbitrator's decision shall be final and binding on the parties, and the parties agree to abide by all decisions and awards made by the arbitrator. Each party shall bear its own costs and expenses and an equal share of the arbitrator's and administrative fees of arbitration.

XXIX - MODIFICATIONS

The Organizer reserves the right to modify, alter, or amend the Terms at any time without prior notice to the Participant. Such modifications shall be effective immediately upon posting on the SXWA website or any other official communication channel used by the Organizer. It is the responsibility of the Participant to review the Terms regularly to ensure awareness of any changes. By continuing to participate in the SXWA following any modifications to the Terms, the Participant agrees to be bound by such modifications.

XXX - MISCELLANEOUS

This Miscellaneous clause forms part of the Terms and Conditions governing participation in the SXWA and is to be interpreted in conjunction with the rest of the Terms.

Waiver. Any failure by the Organizer to enforce any provision of the Terms at any time shall not be construed as a waiver of such provision and shall not affect the validity of the Terms or any part thereof or the right thereafter to enforce each and every provision.

Amendment. No amendment, modification, or addition to these Terms shall be valid unless in writing and signed by duly authorized representatives of both the Organizer and the Participant.
Conflict of Laws. This Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws provisions. Any disputes arising out of or related to the Terms or the SXWA shall be submitted to the exclusive jurisdiction of the state and federal courts located in Florida.

Severability. In the event that any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable, and the remaining provisions shall remain in full force and effect.

Notices. All notices, requests, demands, and other communications under these Terms shall be in writing and shall be deemed to have been duly given on the date of service if served personally on the party to whom notice is to be given, or on the third day after mailing if mailed to the party to whom notice is to be given, by first class mail, registered or certified, postage prepaid, and properly addressed to the last known address of the party to be notified.

Entire Agreement. These Terms constitute the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior or contemporaneous oral or written agreements and understandings between the parties.

Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The parties agree that electronic signatures, copies, and facsimiles of this Agreement shall have the same force and effect as original signatures.

Assignment. The Participant may not assign, transfer, delegate, or subcontract any of its rights or obligations under these Terms without the prior written consent of the Organizer. Any purported assignment or delegation in violation of this Section shall be null and void. No assignment or delegation shall relieve the Participant of any of its obligations hereunder. The Organizer may at any time assign, transfer, or subcontract any or all of its rights or obligations under these Terms without the Participant’s prior written consent.

Force Majeure. Neither party shall be liable for any failure to perform its obligations under this Agreement if such failure is due to causes beyond its reasonable control, including but not limited to acts of God, war, terrorism, civil disturbances, strikes, pandemics, or governmental actions. In the event of a force majeure, the affected party shall notify the other party as soon as practicable and make reasonable efforts to resume performance.

Electronic Signatures. The parties agree that the electronic signatures of the parties included on this Agreement are intended to authenticate this writing and to have the same force and effect as manual signatures. Electronic signature means any electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a party with the intent to sign such record, pursuant to the U.S. Electronic Signatures in Global and National Commerce Act (E-Sign), the Uniform Electronic Transactions Act (UETA) and any other applicable law.