SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE
ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
7. Force Majeure . We will not be liable or responsible to you, nor be deemed to have
defaulted or breached these Terms, for any failure or delay in our performance under these
Terms when and to the extent such failure or delay is caused by or results from acts or
circumstances beyond our reasonable control, including, without limitation, acts of God, flood,
fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is
declared or not), terrorist threats or acts, riot or other civil unrest, national emergency,
revolution, insurrection, epidemic or pandemic, lockouts, strikes or other labor disputes (whether
or not relating to our workforce), or restraints or delays affecting the manufacturers or
distributors, or carriers, through which we are providing the products to you, or inability or delay
in obtaining supplies of adequate or suitable materials, materials or telecommunication
breakdown or power outage.
8. Governing Law, Jurisdiction , and Venue . All matters arising out of or relating to
these Terms are governed by and construed in accordance with the internal laws of the
Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision
or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction) that would
cause the application of the laws of any jurisdiction other than those of the Commonwealth of
Pennsylvania. The parties acknowledge and agree that the sole and exclusive jurisdiction and
venue for any dispute arising from or relating to these Terms lies in the Court of Common Pleas
of Lancaster County, Pennsylvania, or in the event of diversity of citizenship or federal question,
in the U.S. District Court of the Eastern District of Pennsylvania.
9. Waiver of Jury Trial . You hereby irrevocably waive, to the fullest extent
permitted by applicable law, any and all right to trial by jury in any legal proceeding
arising out of or relating to these Terms or the transactions contemplated hereby.
10. Assignment . You will not assign any of your rights or delegate any of your
obligations under these Terms without our prior written consent. Any purported assignment or
delegation in violation of this Section 10 is null and void. No assignment or delegation relieves
you of any of your obligations under these Terms.
11. No Waivers . The failure by us to enforce any right or provision of these Terms
will not constitute a waiver of future enforcement of that right or provision. The waiver of any
right or provision will be effective only if in writing and signed by a duly authorized
representative of Rosiemegg Candle Co.
12. No Third-Party Beneficiaries . These Terms do not and are not intended to confer
any rights or remedies upon any person other than you.
12200221.1