TERMS & CONDITIONS of Use
Updated April 2019
1. Agreement to Terms & Conditions of Use
2. Intellectual Property
The materials displayed on this website, including without limitation all editorial materials, information, photographs, illustrations, artwork and other graphic materials including the look and feel, and names, logos and trade marks (collectively known as “content”), are the property of Make Me Iconic and are protected by copyright, trade mark and other intellectual property laws. Any such content may be displayed and printed solely for your personal, non-commercial use within your organisation only provided that any copyright notice on such a display or page is not removed. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate any such material in any way (including mirroring) to any third party or to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise without Make Me Iconic's express prior or written consent.
Save for the above, and unless expressly granted, Make Me Iconic does not grant any licence or right in, or assign all or part of, its intellectual property rights in the content or applications incorporated into the Make Me Iconic website or in the user interface of the Make Me Iconic website.
Make Me Iconic does not make any warranty as to the accuracy, completeness or currency of the content. While Make Me Iconic endeavours to take reasonable care in preparing and maintaining the information on this website, we do not warrant the accuracy, reliability, adequacy or completeness of any of the website content. As a user of this website, you are required to make your own enquiries before entering into any transaction on the basis of or in reliance upon the content. You acknowledge and accept that the website content may include technical inaccuracies and typographical errors. The website content is subject to change at any time without notice and may not necessarily be up to date or accurate at the time you view it. To the extent permitted by law, Make Me Iconic and its employees, officers, agents and contractors exclude all liability for any loss or damage (including without limitation, indirect, special or consequential loss or damage) arising from the use of, or reliance upon the content whether or not this is caused by a negligent act or omission. Make Me Iconic and each party providing content to the website are limited in its liability to the extent permitted by law, to the resupply of the content. Make Me Iconic does not accept responsibility for any liability in respect of access to other content through the use of this website.
4. Your Use of the Website
While utilising our Website, you must not attempt to change, add to, remove, deface, hack or otherwise interfere with this website or any material or content displayed on the Make Me Iconic Website.
You may not trace or seek to trace any information of any user or customer of Make Me Iconic, including any Make Me Iconic account not owned by you to its source. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any transaction being conducted on the Website, or with any other person's use of the Website.
5. Purchases; Other Terms and Conditions
6. Change of Mind
Exchanges or refunds for change of mind cannot be offered.
7. Cancellation Policy
Our order process is automated to distribute products quickly and accurately. Cancellation or modification requests must be received within 1 hour of placing your order. Cancellations or modifications made after 1hr of placing an order cannot be processed, and as such are ineligible for a refund. Cancellation requests must be emailed to firstname.lastname@example.org and titled ‘Cancel Order’ in the subject field. Please include your full name and order number in the body of the email.
8. Product Descriptions and Colours
We have done our best to display as accurately as possible the colours of the products shown on this website. Occasionally, prototype samples are photographed. Production models may vary slightly. You will always receive the latest model. The colours you see will depend on your monitor and, so we cannot guarantee that your monitor’s display of any colour will be accurate.
9. Correction of errors and limitations
Whilst we make every reasonable effort to present accurate information on this website, the information may contain typographical errors or inaccuracies and may not be complete or current. We therefore reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. We also reserve the right to limit quantities (including after you have submitted your order). We apologise for any inconvenience this may cause you. If you are not fully satisfied with your purchase, please see our returns policy for details on how to obtain a refund.
10. Promotional codes & Discount Offers
Promotional Codes and discount offers are strictly limited to 1 per person, per order and do not apply to discounted products, sets or refills and whilst stock lasts. Only one promotional code can be used at one time. During Sale periods gift wrapping is not offered.
11. Returning items from a stockist
Products purchased from an Make Me Iconic stockist are bound by the terms and conditions of that stockist. It is the customers responsibility to be aware of and understand the return policy of the stockist from which they made an Make Me Iconic purchase as these terms may vary. It is also the customers responsibility to notify the stockist from where the Make Me Iconic product was purchased of any issues they may have.
12. Delivery Costs
We offer FREE SHIPPING within Australia if your purchases total $100 AUD or more. For purchases less than $100 AUD a shipping cost of $10-$15+ AUD will be charged depending on the options you have selected at checkout (including stock items).
Make Me Iconic will use reasonable endeavors to arrange dispatch of your items ASAP of you submitting your purchase with us. If you need it sooner, just contact us and we will do our best to fast track your purchase. The delivery time will vary depending on your location.
Please note our shipping days are Mondays, Wednesdays and Fridays at this time of year and Monday to Friday during the busy Christmas periods September-December. Orders placed after 1pm will be processed the next business day. Please allow extra time for processing and delivery at peak times like Christmas and Easter and during our season sales. Orders are not processed or dispatched on weekends or Australian public holidays. Delivery times exclude the dispatch day. Generally most orders (both local & international) are sent with Australia Post and are therefore bound by Australia Post's delivery times. You can view these by visiting www.auspost.com.au
Once your order has been dispatched you will receive an email notifying you of your tracking information or this information can also be found in your 'My Account' section if you have set-up an account with us.
Delivery or tracking enquiries are the responsibility of the customer and can be made at www.auspost.com.au by quoting your tracking number or by other means if we have selected other delivery options for you.
DELIVERY OF YOUR ORDER
Make Me Iconic shipping and processing charges costs are calculated to compensate us for the cost of processing your order, handling and packing the products you have purchased and delivering them to you via our shipping methods. All orders over $100 will be shipped FREE of charge within Australia and will be deducted at check-out. Large or bulky shipments in areas such as WA or QLD may not be subject to our standard shipping charges. In these instances, we will contact you with a revised shipping quote before dispatching your order and you will be given the option to cancel. FREE, Express Post and Standard shipping options do not include insurance cover; in the event of loss or damage during transit, Make Me Iconic will not be liable. All parcels are dispatched from Melbourne, Australia.
Delivery of products within Australia we use a combination of Australia Post, Fastway Couriers, Couriers Please and the online services of Sendle. Make Me Iconic does not accept any responsibility for shipping times, and we cannot refund items that arrive later than required.
Australia wide - all deliveries must be signed for. Risk and title in the product will pass upon you, or any other person in attendance at the delivery address, signing for receipt of the product. If there is no one at the delivery address to receive the product, the product will be taken by the courier company and a calling card will be left on your doorstep. The courier company may attempt further delivery of the product to you. As this may not always happen, we advise you to keep track of your delivery through the tracking number that can be found online in your Make Me Iconic account and/or was emailed to you. Our courier providers will return your order to us if you do not arrange to pick it up promptly. Should this happen, you will be required to pay a $10 re-postage fee for re-delivery of your parcel. Make Me Iconic does not accept any responsibility for goods once they have been collected including any loss or damage in transit. No re-imbursement will be made by Make Me Iconic in such cases, unless you have chosen our Insured Post or Priority Shipping options, which include insurance for your goods. In this case, we will submit an investigation and your goods will be replaced or reimbursed on completion of this investigation. Postage will not be reimbursed.
Make Me Iconic uses Australia Post services to deliver products outside of Australia (internationally). Just remember that you may be liable for customs duties in your own country. International shipping is available to selected countries and it may come up ridiculously expensive at the time of checkout because these are not our postal charges. We are really sorry, but these are the charges set by Australia Post based on weight, height and packing of the products you have chosen at check-out and are calculated automatically via some fancy code our web designer has set up linking to the Australia Post website. We would love it if the prices were cheaper to send our things overseas, but unfortunately there is nothing we can do about their prices. But we do however feel that our products are worth it to send overseas based from all the lovely feedback we have had from our customers who received some of our stuff.
We currently cannot deliver goods to North America (USA and Canada) from our website due to potential legal reasons and insurance (we blame it on Suits crazy legal battles). Thank you for your understanding and we are working on this to change in the future and will keep you updated on this progress.
Customs Fees: Some countries (UK, the E.U., and Canada in particular) charge Customs fees or import duties on merchandise ordered from overseas. Please be aware that these charges are the customer's responsibility and are beyond our control and your delivery charge with us does not include any applicable import taxes and customs duties for your order. We advise that you contact the relevant government body in your country (e.g. Customs & Excise) for information on what these charges might be. In compliance with Australian export regulations, we must declare the exact value of all products ordered and mark them dutiable as "merchandise". The law prohibits us from marking any order as a "gift" even if you are placing an order with the intention of sending a gift to a recipient. It is a criminal offence for us to make a false Customs declaration, and we are unable to misrepresent your goods for the reduction of import duties/tax fees. Customs inspections may also result in Delivery Estimate delays.
CHANGE OF ADDRESS
Change of address requests must be received within 2 hrs of placing your order by emailing email@example.com, and must be titled ‘Change of Address’ in the subject field. Please include your full name, order number and corrected shipping address in the body of the email. Orders returned because of incomplete or incorrect address information will incur an additional postage fee of $15 to resend.
Make Me Iconic reserves the right to refuse to exchange or credit any requests.
15. Links to other websites and to the Make Me Iconic WebsiteThis website may contain links to other independent third-party websites ("Linked Websites"). These linked websites are provided solely as a convenience to our visitors and customers. Such linked websites are not under Make Me Iconic's control, and Make Me Iconic is not responsible for and does not endorse the content of such linked websites, including any information or materials contained on such linked websites. You will need to make your own independent judgment regarding your interaction with these linked websites.
If you wish to establish a link to our website you must first seek approval from Make Me Iconic. The following information will be required to assess your request:
- the URL of the website that you seek to establish a link from
- a brief description of your website
- the reason that you wish to establish a link.
If Make Me Iconic agrees to your proposed link, you must comply with any terms and conditions imposed by Make Me Iconic as a condition of such agreement. If the nature and/or content of your website changes in any significant way, you must contact Make Me Iconic and provide a new description of your website.
Make Me Iconic notes that some components of the website require an account and password. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all conduct carried out under this password and account.
Make Me Iconic is not liable for any loss of confidentiality or for any damages arising from your failure to comply with security measures. Make Me Iconic requests that you promptly report any unauthorised use of the password to us.
Make Me Iconic makes no representations or warranties of any kind, express or implied as to the operation of this Website or the information, Content, materials or products included on this Website. You expressly agree that your use of this Website is at your own risk.
To the maximum extent permitted by law Make Me Iconic excludes completely all liability whatsoever for any loss or damage of any kind (including special, indirect or consequential loss and including loss of business profits) however caused (including negligence) arising out of or in connection with the Website, Content and the use or performance of the Make Me Iconic Website.
in the case of goods, to anyone it determines of the following: replacement of the goods or the supply of equivalent goods; repair of the goods; payment of the cost of replacing the goods or acquiring equivalent goods; or payment of the cost of having the goods repaired; and
in the case of services, to either supplying the services again or payment of the cost of having the services supplied again.
Make me Iconic does not warrant that the Website, its servers or email sent from Make Me Iconic is free of viruses or any other harmful components.
You assume total responsibility for your use of the Website and any Linked Websites. Your sole remedy against Make Me Iconic for dissatisfaction with the Website or any Content is to stop using the Website or any such Content.
This limitation of relief is a part of the agreement between the parties. Make Me Iconic reserves the right to do the following, at any time, without notice:
Modify, suspend or terminate operation of or access to the Website, or any portion of the Website, for any reason;
Modify or change the Website, or any portion of the Website, including prices, and any applicable policies or terms; and
To interrupt the operation of the Website, or any portion of the Website, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
You must indemnify and hold us and our employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the “Parties”) harmless from any damage, loss, or expense (including without limitation, attorneys’ fees and costs) incurred in connection with any third-party claim, demand or action (“Claim”) brought against any of the Parties alleging that you have breached any of these Terms and Conditions. If you have to indemnify us under this Section, we will have the right to control the defence, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without our express written permission.
LIMITATION OF LIABILITY WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR OWN RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WE DO NOT WARRANT THAT OUR WEBSITE, ITS SERVERS, OR EMAIL SENT FROM US ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, LOSS OF USE, LOSS OF DATA, LOSS OF BUSINESS OR PROFITS AND CONSEQUENTIAL DAMAGES.
Some localities do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. To the extent permitted by law, we do not accept any liability for any damage or injury caused by the use or misuse of products purchased from us.
19. Applicable Law
Although this Website can be accessed throughout Australia and overseas, Make Me Iconic does not represent that the content of this Website complies with the laws (including the intellectual property laws) of countries outside Australia. If you access this Website from outside Australia, you do this on your own responsibility and are responsible for ensuring compliance with all laws in the place
20. Communications from Us
As a condition of purchase from us we reserve the right to email you product alerts and special offers that we believe may be of interest to you. We respect your right not to receive these communications so each one of these communications will contain a clear link to unsubscribe. We assure you that once you have unsubscribed we will immediately remove your name from the communication list and will no longer send you these special offers and alerts, unless you choose to re-subscribe at a later date.
We welcome your comments regarding this website. However, any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Comments”) sent to us shall be and remain our exclusive property. Your submission of any such Comments shall constitute an assignment to us of all rights, titles and interests in all copyrights and other intellectual property rights in the Comments. We will be entitled to use, reproduce, disclose, publish and distribute any material you submit for any purpose whatsoever, without restriction and without compensating you in any way. For this reason, we ask that you not send us any comments that you do not wish to assign to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork.
These Terms and Conditions will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Victoria without reference to conflict of law principles. These Terms and Conditions will not be assignable or transferable by you without our prior written consent. These Terms and Conditions (including all of the policies and other Agreements described in this Terms and Conditions, which are hereby incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under these Terms and Conditions will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. The invalidity or unenforceability of any provision of these Terms and Conditions will not affect the validity or enforceability of any other provision of these Terms and Conditions, all of which will remain in full force and effect.
Placing an order with Make Me Iconic means that you have read and accepted these 'Terms & Conditions' as outlined below, and that you have accepted our Delivery Terms which can be viewed here.
Unless otherwise specified, all prices quoted, and sales transactions are in Australian Dollars. GST is included in sales to Australian and New Zealand customers.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND CONDITIONS
User Opt In: The Program allows Users to receive SMS/MMS mobile messages by affirmatively opting into the Program, such as through online or application-based enrollment forms. Regardless of the opt-in method you utilized to join the Program, you agree that this Agreement applies to your participation in the Program. By participating in the Program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from Us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of Our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no longer agree to this Agreement, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of the Program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile telephone number that has been used to subscribe to the Program, including canceling your service plan or selling or transferring the phone number to another party, you agree that you will complete the User Opt Out process set forth above prior to ending your use of the mobile telephone number. You understand and agree that your agreement to do so is a material part of these terms and conditions. You further agree that, if you discontinue the use of your mobile telephone number without notifying Us of such change, you agree that you will be responsible for all costs (including attorneys’ fees) and liabilities incurred by Us, or any party that assists in the delivery of the mobile messages, as a result of claims brought by individual(s) who are later assigned that mobile telephone number. This duty and agreement shall survive any cancellation or termination of your agreement to participate in any of our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt into the Program can expect to receive messages concerning the marketing and sale of digital and physical products, services, and events.
Cost and Frequency: Message and data rates may apply. The Program involves recurring mobile messages, and additional mobile messages may be sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to the number you received messages from or email us at firstname.lastname@example.org. Please note that the use of this email address is not an acceptable method of opting out of the program. Opt outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an "as-is" basis and may not be available in all areas at all times and may not continue to work in the event of product, software, coverage or other changes made by your wireless carrier. We will not be liable for any delays or failures in the receipt of any mobile messages connected with this Program. Delivery of mobile messages is subject to effective transmission from your wireless service provider/network operator and is outside of Our control. T-Mobile is not liable for delayed or undelivered mobile messages.
Participant Requirements: You must have a wireless device of your own, capable of two-way messaging, be using a participating wireless carrier, and be a wireless service subscriber with text messaging service. Not all cellular phone providers carry the necessary service to participate. Check your phone capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under thirteen (13) years of age. If you use or engage with the Platform and are between the ages of thirteen (13) and eighteen (18) years of age, you must have your parent’s or legal guardian’s permission to do so. By using or engaging with the Platform, you acknowledge and agree that you are not under the age of thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and have your parent’s or legal guardian’s permission to use or engage with the Platform, or are of adult age in your jurisdiction. By using or engaging with the Platform, you also acknowledge and agree that you are permitted by your jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited content over the Platform. Prohibited content includes:
- Any fraudulent, libelous, defamatory, scandalous, threatening, harassing, or stalking activity;
- Objectionable content, including profanity, obscenity, lasciviousness, violence, bigotry, hatred, and discrimination on the basis of race, sex, religion, nationality, disability, sexual orientation, or age;
- Pirated computer programs, viruses, worms, Trojan horses, or other harmful code;
- Any product, service, or promotion that is unlawful where such product, service, or promotion thereof is received;
- Any content that implicates and/or references personal health information that is protected by the Health Insurance Portability and Accountability Act (“HIPAA”) or the Health Information Technology for Economic and Clinical Health Act (“HITEC” Act); and
- Any other content that is prohibited by Applicable Law in the jurisdiction from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy between you and Us, or between you and Stodge, LLC d/b/a Postscript or any other third-party service provider acting on Our behalf to transmit the mobile messages within the scope of the Program, arising out of or relating to federal or state statutory claims, common law claims, this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, such dispute, claim, or controversy will be, to the fullest extent permitted by law, determined by arbitration in Mount Waverley, Victoria before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect. Except as otherwise provided herein, the arbitrator shall apply the substantive laws of the Federal Judicial Circuit in which makemeiconic’s principle place of business is located, without regard to its conflict of laws rules. Within ten (10) calendar days after the arbitration demand is served upon a party, the parties must jointly select an arbitrator with at least five years’ experience in that capacity and who has knowledge of and experience with the subject matter of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar days, a party may petition the AAA to appoint an arbitrator, who must satisfy the same experience requirement. In the event of a dispute, the arbitrator shall decide the enforceability and interpretation of this arbitration agreement in accordance with the Federal Arbitration Act (“FAA”). The parties also agree that the AAA’s rules governing Emergency Measures of Protection shall apply in lieu of seeking emergency injunctive relief from a court. The decision of the arbitrator shall be final and binding, and no party shall have rights of appeal except for those provided in section 10 of the FAA. Each party shall bear its share of the fees paid for the arbitrator and the administration of the arbitration; however, the arbitrator shall have the power to order one party to pay all or any portion of such fees as part of a well-reasoned decision. The parties agree that the arbitrator shall have the authority to award attorneys’ fees only to the extent expressly authorized by statute or contract. The arbitrator shall have no authority to award punitive damages and each party hereby waives any right to seek or recover punitive damages with respect to any dispute resolved by arbitration. The parties agree to arbitrate solely on an individual basis, and this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. Except as may be required by law, neither a party nor the arbitrator may disclose the existence, content, or results of any arbitration without the prior written consent of both parties, unless to protect or pursue a legal right. If any term or provision of this Section is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Section or invalidate or render unenforceable such term or provision in any other jurisdiction. If for any reason a dispute proceeds in court rather than in arbitration, the parties hereby waive any right to a jury trial. This arbitration provision shall survive any cancellation or termination of your agreement to participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in this Agreement or in the performance of such obligations will place you in breach of any other contract or obligation. The failure of either party to exercise in any respect any right provided for herein will not be deemed a waiver of any further rights hereunder. If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect and enforceable. Any new features, changes, updates or improvements of the Program shall be subject to this Agreement unless explicitly stated otherwise in writing. We reserve the right to change this Agreement from time to time. Any updates to this Agreement shall be communicated to you. You acknowledge your responsibility to review this Agreement from time to time and to be aware of any such changes. By continuing to participate in the Program after any such changes, you accept this Agreement, as modified.