Terms of Use

Effective Date: March 28, 2019

The following sets out certain legal terms ("Terms") of your use of the Old Pueblo Traders VIP Plus membership program available to you ("Program"). The full details of the Program are available by clicking here. If you do not agree to these Terms, you must immediately terminate your membership in the Program. Old Pueblo Traders reserves the right to update or change these Terms at any time. Your continued use of the Program after we post any changes to the Terms signifies your agreement to any such changes. If you do not agree to these Terms, you must discontinue using the Program by terminating your membership in Old Pueblo Traders VIP Plus.

Membership, Subscriptions; Charges on Your Billing Account.

Old Pueblo Traders VIP Plus automatically bills you for the Program using the billing information you provide (your "Billing Account").  Your membership will be automatically extended for successive renewal periods of the same duration as the membership term originally selected, at the then-current membership rate. If you cancel a monthly membership, you may continue to access your benefits until the end of your current membership term; your membership will not be renewed after your current term expires. However, you won't be eligible for a prorated refund of any portion of the monthly membership fee paid for the current membership period. If you do not terminate your membership, you authorize Old Pueblo Traders VIP Plus to charge your payment method as described. Old Pueblo Traders VIP Plus may submit those charges for payment, and you will be responsible for such charges. There is a limit of one membership per household. At this time, the Program is only available to residents of the United States, its territories, and those consumers with APO/FPO addresses. The Program is not available to Iowa residents.

Liability Limitation.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL BLAIR VIP PLUS OR ITS AFFILIATES BE LIABLE TO YOU (OR ANY THIRD PARTY MAKING CLAIMS THROUGH YOU) FOR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOSS OF USE, PROFITS, DATA, OR OTHER INTANGIBLES, OR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, UNAUTHORIZED ACCESS TO AND TAMPERING WITH YOUR PERSONAL INFORMATION OR TRANSMISSIONS, ARISING OUT OF OR RELATED TO THE USE, INABILITY TO USE, UNAUTHORIZED USE, PERFORMANCE, OR NON-PERFORMANCE OF THE SITE OR THE PROGRAM, EVEN IF BLAIR VIP PLUS HAS BEEN ADVISED PREVIOUSLY OF THE POSSIBILITY OF SUCH DAMAGES AND WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW. IF ANY PART OF THESE WARRANTY DISCLAIMERS OR LIMITATIONS OF LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN BLAIR VIP PLUS'S AGGREGATE LIABILITY FOR ALL CLAIMS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES SHALL NOT EXCEED TEN DOLLARS ($10).

Governing Law/Disputes.

These Terms are governed by, and will be interpreted in accordance with, the laws of the State of Connecticut, without regard to any choice of law provisions. You agree that, with the exception of injunctive relief sought by Old Pueblo Traders VIP Plus for any violation of Old Pueblo Traders VIP Plus's proprietary or other rights, any and all disputes relating to these Terms, Program Terms, Privacy Policy, or your use of the Site or the Program shall be resolved by arbitration in accordance with the then-current rules of the American Arbitration Association (the "AAA") before an independent arbitrator designated by the AAA. The location of arbitration shall be Hartford County, Connecticut, USA. You also understand and agree that arbitration shall be your sole remedy for disputes and claims, and as such, you hereby waive your right to participate in or act as lead plaintiff in a class action.