GCO Canada Inc. (“Little Burgundy”, “we” or “us”) is offering the LB Club rewards program (the “LB Club” or the “Program”) through its website accessible at www.littleburgundyshoes.com (the “Website”) and through Little Burgundy-owned participating stores in Canada (collectively, the “Services”). The Program and Services are subject to the following Program Terms and Conditions (these “Terms”). BY ACCESSING OR USING THE PROGRAM AND RELATED SERVICES IN ANY WAY, YOU ARE AGREEING TO THESE TERMS, AS WELL AS THE Terms of Use AND THE Terms and Conditions of Sale OF THE WEBSITE AND CONSENTING TO THE COLLECTION, USE, AND DISCLOSURE OF YOUR PERSONAL INFORMATION AS DESCRIBED IN THE LITTLE BURGUNDY Privacy Policy, AS THEY MAY BE UPDATED AND AMENDED FROM TIME TO TIME AND ARE INCORPORATED HEREIN BY THIS REFERENCE (COLLECTIVELY, THE “TERMS AND POLICIES ”). SHOULD YOU OBJECT TO ANY TERM OR CONDITION OF THE TERMS AND POLICIES, OR IF YOU ARE NOT ELIGIBLE OR AUTHORIZED TO ENTER INTO THE TERMS AND POLICIES, THEN DO NOT ACCESS OR USE THE PROGRAM OR RELATED SERVICES. COMPLETING THE REGISTRATION PROCESS FOR THE PROGRAM OR OTHERWISE ACCESSING OR USING ALL OR ANY PART OF THE PROGRAM OR RELATED SERVICES WILL CONSTITUTE ACCEPTANCE OF THE TERMS AND POLICIES AND CREATE A LEGALLY ENFORCEABLE CONTRACT UNDER WHICH YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND POLICIES. PLEASE READ THE TERMS AND POLICIES CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION ABOUT LIMITATIONS OF LIABILITY AND RESOLUTION OF DISPUTES THROUGH ARBITRATION RATHER THAN IN COURT. 1. Program Overview When you join the LB Club, it allows you to earn points (“Points”) on your purchases made in Canada at participating Little Burgundy stores owned by Little Burgundy (“Little Burgundy Stores”) and the Website. You may also earn Points by participating in certain special engagement activities announced by Little Burgundy from time to time. The Program offers Members (defined below) access to certain benefits, some of which may be received by redeeming Points earned. 2. Membership A. Eligibility: To become a member of the Program (a “Member” or “you” or “your”), you must be an individual, a legal resident of Canada, and at least 13 years of age. Employees of Little Burgundy and its brands are eligible to become Members of the Program, but may be excluded from certain promotions . Little Burgundy may refuse to offer or continue offering Program access or Services to any person or entity and may change its eligibility criteria from time to time. Little Burgundy may refuse to accept any application to register as a Member in its sole discretion. B. If you are an individual between the age of 13 and the age of majority in your province or territory of residence, your parent or legal guardian must consent to these Terms and to your participation in the Program. By registering to be a Member, you, or your parent or legal guardian, as applicable, agree to be bound by these Terms. Throughout the Terms and Policies, any references to a “Member” or “you” or “your” refer to the parent or legal guardian of a Member who is between the age of 13 and the age of majority in their province or territory of residence. C. Information Required to Become a Member: To register to become a LB Club Member you must provide Little Burgundy with current, complete and accurate information, as more specifically required by the then current registration procedures (described below in Section 3). By way of illustration and not limitation: prospective members may be required to provide their first and last name, postal code, legitimate electronic mail address, mobile phone number, birthdate, and/or certain additional information (such as, for example, preferred contact method, tenure with Little Burgundy interest, and products and services of interest); prospective members will be required to establish an account password; in order to obtain certain aspects of the Program, Members may also elect to provide access information related to their accounts on social media sites (such as, for example, Twitter, Facebook, and Instagram); and in order to obtain marketing and notifications applicable to the Program, Members may choose to consent to receive text messages or email messaging . 3. Membership may be applied for in the following ways: A. Online on the Website. You may join the Program online by creating a user account on the Website (a ``User Account ``), providing certain information, including first and last name, mobile phone number (or home phone number if no mobile number), date of birth, and postal code, indicating that you want to be a LB Club Member, and accepting these Terms, or if you already have a User Account, by logging into your User Account, indicating that you want to be a LB Club Member, providing any outstanding information (including mobile phone number (or home phone number if no mobile number), postal code, and date of birth), and accepting these Terms. You may receive an email requesting that you confirm your request to become a LB Club Member; once you do so, you will be a LB Club Member. B. At a participating Little Burgundy Store. You may make the request to join the LB Club by providing your email address at a participating Little Burgundy Store, or by providing your information into any digital signup form on the Website where the form states you are signing up for the LB Club (for example, if you fill out a digital application form on a tablet provided in-store) . Once this process is complete, you will be a LB Club Member and able to start earning Points for product purchases at Little Burgundy Stores and Website,. However, for complete access to all available benefits of the Program, you must complete your enrollment in the Program on the Website by either by creating a User Account or indicating that you want to be a LB Club Member as outlined in Section 3B. C. Accessing Points Information and all the Benefits of the Program: The Program allows you as aa Member to accumulate and, Points on an individual basis and solely through your own User Account. The Program is structured to offer certain benefits, some of which may be received by redeeming Points. You can be a LB Club Member without setting up a User Account and earn Points from shopping. However, in order to be able to access Points you have earned or redeem any Points you have earned, you must have a User Account, indicate that you want to be a LB Club Member and accept these Terms. D. Updating information: You are responsible for providing the correct email address to receive benefits and to ensure proper accounting of Points and receipt of benefits. As a result, as a Member you are responsible for maintaining accurate and up to date personal information, including your email address. You may update your Member information through your User Account. Members may be required to satisfy certain identity verification requirements set by Little Burgundy to update their information. E. Maintaining Confidentiality: When setting up a User Account, you are responsible for creating a complex password to protect your User Account and for ensuring that you do not share your password with others. You are responsible for maintaining the confidentiality of your access credentials and other User account information and are fully responsible for any and all activities that occur under your User Account. You agree to ensure that you exit or log out from your User Account at the end of each session of accessing your User Account. You agree to notify us immediately by contacting Little Burgundy Customer Service at 1-800-292-0068 of any unauthorized use of your User .Account. 4. Earning Points A. Regular and sale priced merchandise purchased at Little Burgundy Stores, and the Website are “Qualifying Purchases”. Qualifying Purchases are ones for which Members will receive Points in accordance with these Terms. The purchase of Gift Cards and eGift Cards are excluded from Qualifying Purchases and no Points will be earned for the purchase of such cards. However, Points may be earned for Qualifying Purchases paid for with a Gift Card or an eGift Card at Little Burgundy Stores or on the Website. In addition, the following are excluded from the dollar amount of Qualifying Purchases and no Points are earned for: (i) the payment of sales tax, (ii) gift boxes or wrapping, and (iii) for shipping and handling costs. Little Burgundy reserves the right, and you hereby grant Little Burgundy the right, to review User Account activity for purchase patterns that fall outside the intended use of the Program. Little Burgundy has the sole discretion to determine whether a Member’s purchase patterns violate these Terms and if Little Burgundy makes such a determination, the Member’s Points will be forfeited and the User Account may be suspended or terminated at Little Burgundy’s sole discretion. B. When you shop at Little Burgundy Stores or on the Website, you will automatically receive ten (10) Points for every $1 spent on any Qualifying Purchase. Once you have spent $500 on Qualifying Purchases within 12 months of the last time your tier was changed, you will become a ‘Gold’ tier Member of the LB Club. As a Gold tier Member, you will automatically receive twenty (20) Points for every $1 spent on Qualifying Purchases. The Points will be awarded to you after you provide, at the time of your in-store purchase, your email address or phone number associated with your User Account. Points will be reflected in your User Account typically within 24-96 hours after your Qualifying Purchase. If you make a Qualifying Purchase in a Little Burgundy Store but did not provide your email address or phone number at the time of purchase, and it is within thirty (30) days of your Qualifying Purchase, you may call Customer Service at 1-800-292-0068, and upon verification by Customer Service of your purchase and that you did not previously receive Points for the purchase, the Points will be Iawarded to you. C. When making a purchase the Website, your Points can only be awarded to you if you are signed into User Account at the time you complete a Qualifying Purchase. Points will be reflected in your User Account typically within 24-96 hours after your Qualifying Purchase. Members who join the LB Club after making a Qualifying Purchase will, have seven (7) days from the date of the Qualifying Purchase to earn claim Points for that purchase. If you believe you have made a Qualifying Purchase and did not receive Points for that purchase, you may call Customer Service at 1-800-292-0068, and upon verification by Customer Service of the purchase and that you did not previously receive Points for the purchase, the Points will be awarded to you. There is no limit to the number of Points a Member can earn by making Qualifying Purchases. D. Points may also be earned for participation in certain activities designated and announced by Little Burgundy from time to time. Example activities could include: connecting with Little Burgundy on social media, referring others to LB Club, completing a survey, taking a quiz, participating in a campaign, and other activities. Rules for earning Points for activities will be defined for each activity when the activity is announced by Little Burgundy. Rules may include number of Points earned for the activity, number of times Points can be earned for the activity, maximum number of Points to be awarded to a Member, and criteria for earning Points. Little Burgundy reserves the right to make activities and rules for the activities available only to select Members, including Little Burgundy employees, and may be based on purchase activity, geographic location, Program participation, and/or information supplied by the Member. Little Burgundy reserves the right to add, withdraw, amend, or otherwise change activities and their rules at any time at its sole discretion, with or without notice to Members. E. The Points you have earned through a Qualifying Purchase will be deducted from your overall Points total if the item is returned. You must inform us that you are a Member when you return a Qualifying Purchase for which you earned Points. F. Points have no cash value. You cannot give or transfer your Points to anyone else. G. All of a Member’s unredeemed Points will expire and be forfeited twelve (12) months from the date the Member earned those Points (which, for Points earned from Qualifying Purchases, such date shall be the date of the Qualifying Purchase). In addition, any unredeemed Points that remain in a Member’s User Account will expire and will be forfeited if the Program is terminated. Little Burgundy reserves the right, without limitation, to terminate, change, limit, modify, or cancel any of the above means of earning Points and the number of Points earned, at any time, with or without notice. H. Little Burgundy’s good faith determination of the amount of Points available to any Member hereunder shall be final and binding. 5. Member Benefits and Rewards A. Members may be offered certain benefits that they can choose to accept, including, for example, sweepstakes entries, birthday acknowledgments, access to exclusive cCustoms designs, access to early information about new product releases and early access to special events (collectively, “Benefits”). Benefits may not require the redemption of Points. Members also can redeem Points they have earned for rewards which may include physical rewards, digital rewards, and sweepstakes entries (collectively, “Rewards”). The Benefits and Rewards that are available for a Member to choose from (however, available Rewards will be based on the Points Member has earned) will be displayed in Member’s User Account, which is accessible on the Website. B. Benefits and Rewards may be subject to additional terms and conditions and limitations, including for example, a limit to the number of a particular Benefit or Reward a Member can acquire or a limit to the time for accessing the Benefit or Reward or other terms. These additional terms and conditions and limitations shall be established from time to time and are subject to change in Little Burgundy’s sole discretion. Physical Rewards are limited to five (5) per day per Member. Please see Benefit and Rewards details for information about other terms and conditions and limitations. Benefits and Rewards may only be available while supplies last, may be limited in quantity, and/or may only be available for a limited time as determined by Little Burgundy in its sole discretion. Benefits and Rewards that are no longer available for selection or redemption may be removed from a Member’s User Account. The Benefits and Rewards available to Members will be selected solely in the discretion of Little Burgundy. Little Burgundy reserves the right to substitute a Benefit or Reward item of comparable or greater value at any time, at its sole discretion. You are responsible for all federal and provincial taxes as well as any other costs or expenses with a Benefit or Reward you receive. C. Benefits and Rewards have no cash value and are not redeemable for cash and no change/currency will be given for Benefit section or Reward redemption. Once you redeem Points for a Reward, the redemption cannot be reversed and is final. Benefits and Rewards cannot be returned to Little Burgundy and no Points will be returned to Members who attempt to return Rewards to Little Burgundy. Members cannot redeem Points directly for merchandise discounts, gift cards, or products sold by Little Burgundy. D. Digital Rewards and sweepstakes entries may only be redeemed through the Member’s User Account accessible on the Website. Points will be deducted from their User Account for redeeming the Reward. Member shall not share their digital Rewards with others. E. Members are solely responsible for safeguarding their Benefits and Rewards and protecting them from theft and unauthorized use. Little Burgundy will not replace lost or stolen Benefits and Rewards. 6. Email, Mobile, and Privacy A. By registering for the Program, you agree to receive transactional emails regarding the Program. You may choose to consent to receive general marketing and promotional emails about the Program and Little Burgundy from Little Burgundy at time of sign up. Transactional emails regarding the Program may include information about the Program, your earned or redeemed Points, Benefits and Rewards, provide Program updates, and other related materials, at the discretion of Little Burgundy. Members can adjust the types of emails and texts they receive about the Program in the preference center on the Website. Members may not unsubscribe completely from transactional emails of the Program but can cancel their membership in the Program as described below in Section 7. Members may unsubscribe from Little Burgundy promotional emails or texts at any time via the unsubscribe mechanism included in those emails or texts. B. Certain services within the Program are, or may be available through a mobile device. Your wireless carrier’s message and data rates may apply. Please consult your service agreement with your wireless carrier to determine your mobile device’s pricing plan. C. By registering for the Program, you consent to the collection, use and disclosure of your personal information as described in the Little Burgundy Privacy Policy. 7. General Terms of the Program A. Membership in the Program and its benefits are offered at the sole discretion of Little Burgundy, which, to the extent permitted by applicable law, reserves the right to terminate, change, limit, modify, or cancel any Program rules, regulations, benefits, or conditions of participation at any time, and will notify you of these changes. In the event of cancellation, Points and Benefits and Rewards earned up to the date of cancellation will be cancelled and forfeited as determined by Little Burgundy in its sole discretion. B. If Little Burgundy changes or modifies these Terms, it will provide notice of any changes by any reasonable means (including without limitation, email or a post on our Website). Electing to remain a Member after a change in the Terms constitutes your acceptance of the revised Terms. The revisions to the Program that Little Burgundy may include, but are not limited to, any of the following changes: (i) increase the number of Points earned on a Qualifying Purchase; (ii) increase the number of Points required to earn a Reward ; (iii) cease providing a Benefit or Reward; (iv) change the method of becoming a Member; (v) institute or add blackout dates for earning Points or redeeming Rewards. C. Membership is limited to one membership per individual and per email address. In the event of a dispute over the identity of a Member, the Member will be declared to be the authorized account holder of the email address submitted at the time of registration as determined by Little Burgundy. For purposes of these Terms, the “authorized account holder” is the natural person who is assigned to the submitted email address by an internet provider, online service provider, or other organization (e.g., business, educational institution, etc.) that is responsible for assigning email addresses for the domain associated with the submitted email address. D. Abuse of the Program, including failure to abide by these Terms, and failure to abide by Little Burgundy website Terms of Use, which are incorporated herein by reference above, the sale or barter (or the attempted sale or barter) of Benefits or Rewards, Points, or promotional offers, excessive returns of Qualifying Purchases, fraud or tampering with any Benefit or Reward, including any survey or poll or sweepstakes entry, and any misrepresentation of fact relating thereto or other improper conduct as determined by Little Burgundy in its sole judgment may result in cancellation of a Member’s membership and future disqualification from Program participation, forfeiture of all Points accrued, and cancellation of previously issued but unused Benefits or Rewards. At our discretion we may prosecute abuse of the Program to the fullest extent of the law. E. You may cancel your LB Club membership at any time by calling Customer Service at 1-800-292-0068. If you cancel your LB Club membership, your accrued Points will be forfeited. Canceling your LB Club membership does not delete your User Account. Please contact Customer Service at 1-800-292-0068 with any concerns about your membership; Little Burgundy Store associates are not able to resolve issues with membership. F. Points and digital Rewards are not transferable and may not be combined among Members or conveyed by any means to anyone, including through a Member’s estate, and may not pass to a Member’s successors and assigns. Accrued Points do not constitute property of the Member. Accrued Points are not transferable by the Member upon death, as part of a domestic relations matter, or otherwise. G. By agreeing to participate in the Program, you release Little Burgundy, its parent and subsidiaries and affiliate entities and vendors, and their respective, directors, officers, employees and agents (the “Released Parties”) from all liability with respect to the misdirection or misuse of any Points or Benefits or Rewards, or the use of any Benefit or Reward by an individual other than the Member who earned the Benefit or Reward. You further agree through your agreement to participate in the Program to release the Released Parties from and against any and all claims, damages, losses, liabilities, and other expenses (including, without limitation, attorney’s fees) relating to your participation in the Program, use of Benefits or Rewards, participation in experiences related to the Program, or agreement to these Terms or any of the Terms and Policies. H. To the fullest extent permitted by applicable law, the Released Parties make no warranty or condition, express or implied, including, but not limited to, any warranties or conditions of merchantability, merchantable quality, or fitness for a particular purpose with respect to Program and Services, membership in Program, or any products or services related to Program, including the Benefits and Rewards. YOU AGREE THAT PARTICIPATION IN THE PROGRAM, MEMBERSHIP IN THE PROGRAM, AND USE OF ANY PRODUCTS OR SERVICES RELATED TO THE PROGRAM, INCLUDING ALL BENEFITS AND REWARDS IN CONNECTION WITH THE PROGRAM, IS ENTIRELY AT YOUR OWN RISK. PROGRAM PRODUCTS, SERVICES, AND BENEFITS AND REWARDS ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE BURGUNDY DISCLAIMS ANY WARRANTIES OR CONDITIONS FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE PROGRAM AND THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE BURGUNDY DISCLAIMS ANY WARRANTIES OR CONDITIONS FOR OTHER SERVICES OR GOODS OFFERED BY THIRD PARTIES, RECEIVED THROUGH OR ADVERTISED IN THE PROGRAM, ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, LITTLE BURGUNDY DISCLAIMS ANY WARRANTIES OR CONDITIONS FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE PROGRAM ON WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING DISCLAIMERS MAY NOT APPLY TO YOU INSOFAR AS THEY RELATE TO IMPLIED WARRANTIES. UNDER NO CIRCUMSTANCES SHALL LITTLE BURGUNDY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF LITTLE BURGUNDY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM YOUR MISUSE OF THE WEBSITE, THE PROGRAM, FROM YOUR INABILITY TO USE THE WEBSITE, THE PROGRAM, OR FROM THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE PROGRAM. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY THIRD-PARTY SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE, THE PROGRAM OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY THIRD PARTY INFORMATION, ADVICE, OR ADVERTISEMENT RECEIVED THROUGH THE WEBSITE OR THROUGH ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THE FOREGOING LIMITATIONS OF LIABILITY ARE APPLICABLE WITHIN THE STATE OF NEW JERSEY. IN ADDITION, CERTAIN OTHER JURISDICTIONS DO NOT PERMIT LIMITATIONS OF LIABILITY. IN SUCH JURISDICTIONS, SOME OF THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU. YOU AGREE TO INDEMNIFY AND HOLD LITTLE BURGUNDY, ITS OFFICERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, ASSIGNS, DIRECTORS, OFFICERS, AGENTS, SERVICE PROVIDERS, VENDORS, SUPPLIERS AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEY FEES AND COURT COSTS, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR SUBMISSIONS; YOUR THIRD PARTY EVENT, WEBSITE OR ORGANIZATION; YOUR MISUSE OF THE WEBSITE AND THE PROGRAM; YOUR VIOLATION OF THE TERMS AND POLICIES; YOUR BREACH OF ANY OF THE REPRESENTATIONS AND WARRANTIES HEREIN; OR YOUR VIOLATION OF ANY RIGHTS OF ANOTHER. THE FOREGOING INDEMNIFICATION PROVISIONS SHALL NOT APPLY TO LITTLE BURGUNDY’S OWN NEGLIGENCE OR INTENTIONAL CONDUCT. I. To the fullest extent permitted by law, the Program and these Terms and any claim or dispute arising out of or relating to the same, or your use of the Website will be governed by and construed under the substantive laws of the State of California , without reference to conflict-of-laws considerations. In the event that the laws of the jurisdiction in which you reside require that the laws of such jurisdiction apply to these Terms, the foregoing governing law shall not apply to you. J. In the event that the laws of the jurisdiction in which you reside prohibit Points earned in a loyalty program from expiring, then any balance of unredeemed Points will carry forward until such Points are redeemed for a Reward according to these Terms, provided, however, if you fail to make a Qualifying Purchase within one year of your last Qualifying Purchase, all Points will be forfeited. I.K. For Quebec consumers: The provision immediately above does not apply to you. In your case, these Terms will be governed by, and construed and interpreted in accordance with, the laws of the province of Quebec and the federal laws of Canada applicable therein. J.L. Any dispute or claim relating in any way to the Website, Little Burgundy mobile applications, including the Program and Services and any Little Burgundy products, services, any dealings with us and our customer service agents, any representations made by us, and/or your use of our websites (including without limitation claims relating to the breach of these Terms, the Website Terms of Use, Privacy Policy or the unauthorized disclosure of personally identifiable information) will be resolved by binding arbitration, rather than in court, except that you may assert individual claims in small claims court if your claims qualify and so long as the matter remains in such court and advances only on an individual basis. This includes any dispute or claim you assert against our sister-brands, subsidiaries, affiliates and assigns. This also includes any dispute or claim that arose before you accepted these Terms, regardless of whether prior versions of the Terms required arbitration. Except as otherwise prohibited by law, any claim or dispute must be brought within one (1) year from the date the cause of action arises. Unless you proceed with a small claims action, the Federal Arbitration Act and federal arbitration law will apply. The arbitration will be held in Orange County, California or any other place agreed upon at the time by the parties. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow the terms of these Terms as a court would. If for any reason a claim proceeds in court rather than in arbitration, WE BOTH HEREBY WAIVE ANY RIGHT TO A JURY TRIAL. ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. Unless we both agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative, consolidated or class proceeding. If the requirements of this paragraph are found to be unenforceable, then the entirety of this arbitration provision shall be null and void except for the waiver of any right to a jury trial described in the previous paragraph and we both agree that, in such an event, all claims shall be subject to the exclusive jurisdiction of the state or federal courts in Orange County, in the State of California, and you hereby consent and submit to the personal jurisdiction of such courts. Payment of all filing, administration and arbitrator fees will be governed by the American Arbitration Association’s (“AAA”) rules, except as provided in this section. If your total claims seek less than $10,000, we will reimburse you for filing fees you pay to the AAA and will pay arbitrator’s fees, unless the arbitrator determines your claims are frivolous. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person. The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction. “If any provision of these Terms is held to be unlawful, or for any reason, unenforceable, that provision will be deemed severable and will not affect the validity and enforceability of the remaining provisions. Language clause for Quebec consumers: You acknowledge having been provided by Little Burgundy with a French version of these Terms at no cost, and thereafter, you explicitly expressed your willingness to be bound by these Terms written exclusively in English. You and Little Burgundy have expressly required and mutually agree to be bound exclusively by the English version of these Terms. You and Little Burgundy further agree that all documents related to these Terms, including notices and other communications, be drafted exclusively in English. Vous reconnaissez qu'une version française de ces Termes vous avez été remise sans aucun frais par Little Burgundy, et par la suite, vous avez expressément exprimé votre volonté d'être liée à ces Termes rédigées exclusivement en anglais. Vous et Little Burgundy ont expressément requis et conviennent mutuellement d'être liées exclusivement par la version anglaise de ces Termes. Vous et Little Burgundy conviennent également à ce que tous les documents se rattachant à ces Termes, incluant les avis et autres communications, soient rédigés exclusivement en anglais. If a dispute arises we strongly encourage you to first contact our Customer Service Department before starting arbitration or filing a claim in small claims court. We value our relationships with our customers and will try to resolve your claims informally and quickly.” If your dispute is not resolved by Customer Service, before beginning arbitration, please send written notice describing the claim to the Office of the General Counsel at the following address: If the claim has not been resolved within 30 days of sending the notice you may then commence an arbitration proceeding. The arbitration will be conducted by the AAA under its rules, including the AAA’s Supplementary Procedures for Consumer-Related Disputes. The AAA’s rules and forms are available at www.adr.org or by calling 877-495-4185. Email: [email protected] “Little Burgundy ATTN: General Counsel 535 Marriott Dr Nashville, TN 37214” 8. Contact Us If you have any questions about these Terms and Conditions, please contact Customer Service at 1-800-292-0068 or email us at [email protected]