Terms of Service
Terms & Conditions
By the booking travel and/or using our website, customer agrees to the terms and conditions of use, travel, and booking as contained in the following paragraphs. These terms and conditions together with any other documents we give you (the “Agreement”) describes what you are legally entitled to expect from us when you book your trip through us, in addition to important obligations you make as a customer that effect your legal rights.
Please read these Terms and Conditions Carefully. If you do not agree with any of the terms, you must speak to us before making any booking. The terms “we”, “us” and “our” and “FTJ” refer to Fairytale Journeys, LLC, a Florida limited liability company. The term “you”, “client” “traveler”refers to the customer visiting our website, and/or booking a reservation through us.
Your Acceptance of these Terms and Conditions By booking your arrangement with us, you are agreeing to be bound by the terms of this Agreement and any additional terms and conditions of any Supplier that are applicable to your booking, travel arrangements. You agree on behalf of yourself and those you represent to comply with all such terms and conditions, including the payment of all amounts when due, and cancellation terms.
In the case of a group booking, the lead traveler assumes the responsibility of sharing these Terms and Conditions with each traveler in their group, including payment of all amounts when due. It is the responsibility of each traveler to read our Terms and Conditions in its entirety. FTJ is not responsible for any participant’s unawareness of the Terms and Conditions due to the failure of the lead traveler to share this information with all other travelers.
You agree that any violation of any such terms and conditions may result in (a) the cancellation of your reservation or purchase, (b) your forfeiture of any monies paid for your reservation or purchase, (c) you being denied access to the applicable travel related product or service, and (d) our right to debit your account for any costs we incur as a result of such violation.
You represent and warrant that (a) you are of sufficient age to use our services and website and can create binding legal obligations in connection with your use, (b) you are legally authorized to act on behalf of those you represent and accept these terms and conditions on their behalf, and (c) the information supplied by you or members of your group is true and correct. You are responsible for informing such other persons of all terms and conditions applicable to their travel arrangements.
You understand that you are financially responsible for any use of our services or website by you and those for whom you make bookings. You acknowledge and agree that we may change these terms and conditions from time to time and that those changes become effective immediately. You agree to be bound by the terms and conditions that are in effect at the time of your travel. You agree that it is your responsibility to be familiar with these terms and conditions and to check back from time to time for any changes. Your continued use of our services after any changes constitute your acceptance of the changes.
COVID-19 Release: The client expressly acknowledges that naturally occurring diseases and viruses (including, but not limited to, the currently widespread COVID-19) may be present and actively occurring in all environments in which your vacation will take place. You acknowledge the novel coronavirus, COVID-19, has been declared a worldwide pandemic by the World Health Organization.
You acknowledge that COVID-19 has made travel uncertain due to government closures and travel restrictions. COVID-19 is extremely contagious and is believed to spread mainly from person-to-person contact (however the exact method of spread remains unknown). You also understand that if you are older or have underlying conditions, you may be more prone to serious infection and death due to COVID-19.
As a result of the highly infectious nature of this disease, federal, state, and local governments and federal and state health agencies recommend social distancing, wearing of PPE (including masks), and have, in many locations, prohibited the congregation of groups of people. You acknowledge that exposure to such viruses or disease is an inherent risk of traveling, that cannot be controlled or eliminated by FTJ.
By making a booking at this time, you acknowledge the highly contagious nature of COVID-19 and voluntarily assume the risk for yourself and any minors traveling with you, that you or they may be exposed to or infected by COVID-19 by traveling and that such exposure or infection may result in personal injury, illness, permanent disability, and death. You acknowledge that due to the uncertainty of travel at this time, your trip may be postponed or cancelled or changes may be made to itineraries due to closures of certain sites or activities, for which there may be no refund.
You understand that you may become sick before the trip and may not be able to travel and such cancellation will be subject to our cancellation terms below. You also acknowledge that you may become sick during the trip and that your travel plans may change, for which we will not be liable. You understand the description of the risks due to COVID-19 is not complete and that unknown or unanticipated risks may result in injury, illness, death or any other loss.
You agree that having considered these risks, you, for yourself, and any minors traveling with you, desire to book travel at this time and that you freely and voluntarily assume complete personal responsibility for the risk of exposure, illness, death, delay, postponement, change, and cancellation due to COVID-19, for yourself and any minors traveling with you, even if such injuries or losses occur in a manner that is not foreseeable at the time the booking is made.
You agree that due to uncertainty cause by COVID 19, FTJ has strongly encouraged the purchase of travel protection coverage including cancel for any reason coverage, and that should you fail to purchase travel protection coverage, FTJ shall not be liable to any losses howsoever arising. You, for yourself, and any minors traveling with you, and on behalf of my and their heirs, assigns, personal representatives and next of kin, HEREBY RELEASE, INDEMNIFY, AND HOLD HARMLESS Fairytale Journeys, LLC, its officers, agents, and/or employees, suppliers, and other participants (RELEASEES), from any and all claims, demands, losses, and liability arising out of or related to any POSTPONEMENT, CANCELLATION, CHANGES, INJURY, DISABILITY, DEATH OR ANY OTHER LOSS you or any minor traveling with you may suffer due to exposure, infection, spread, closure, and travel restrictions related to COVID- 19, WHETHER ARISING FROM THE NEGLIGENCE OF THE RELEASEES OR OTHERWISE, to the fullest extent permitted by law.
Scope/Agency: FTJ does not provide, own, or control the travel services and products that are provided as part of your trip, such as flights, accommodations, rental cars, packages, tickets, or travel insurance (the “Travel Products”). The Travel Products are owned, controlled or made available by third parties (the “Travel Providers”) such as airlines, hotels and tour operators. The Travel Providers are responsible for the Travel Products. The Travel Provider’s terms and privacy policies apply to your booking so you must agree to and understand those terms. Your interaction with any Travel Provider is at your own risk; FTJ does not bear any responsibility should anything go wrong with your booking or during your travel. Hence, as the client, you agree that FTJ acts only as agent for the client in acquiring transportation, hotel accommodations, sightseeing and other privileges, or services for the clients’ benefit, and on the express condition that FTJ shall not be responsible for any loss, accident, injury, delay, defect, omission or irregularity which may occur or be occasioned, whether by reason of any act, negligence or default of any company or person engaged in or responsible for carrying out any of the arrangements, or otherwise in connection therewith.
Booking/Payment: FTJ, after working with you on your trip details, will provide a proposed itinerary. FTJ will work with you on any first draft changes if required. After any changes are made, you will then receive your final itinerary with an invoice and other important travel information. This invoice is subject to change until you receive confirmation that your travel is booked. Some tours and airlines will require a larger or payment in full to hold your booking. Traveler will be notified if a larger deposit is required. Deposits are NON-REFUNDABLE, unless stated otherwise in the Terms & Conditions of the Travel Provider(s). Final payment is due as indicated on the invoice. Some tours or accommodations require an earlier or later payment. Traveler will be notified if earlier or later payment is required. If any payment is not paid by the stipulated date, FTJ reserves the right to treat the booking as canceled by you in which case the terms and conditions of cancellation become applicable.
Once payment for your trip is processed, you will receive i) a receipt and ii) a checklist of items for you to review travel documents. Please review documents carefully and promptly as we will not be responsible for any errors. It is your responsibility to review all travel documentation and alert us as soon as possible with any corrections.
Group Quotation prices are predicated on a minimum number of participants. Should the number of participants fall below the minimum number specified in the quotation, the per-person cost for the tour might be increased at the discretion of FTJ. The Group Leader is responsible for payment of any such cost increase.
Credit Card Bookings: While we do accept major credit cards including Visa, Mastercard, American Express and Discover, participants must provide to us a signed charge authorization agreement or click authorization for every transaction for your trip. Your authorization is a binding agreement for us to charge your card and as such you waive any right to chargeback in the case of cancellation for any cause (excepting fraud), including a Force Majeure event, as defined herein, and agree to refund policies and procedures as outlined in these Terms and Conditions. In the event a client attempts to chargeback, reverse, or recollect a trip payment already made without the authorization of FTJ, we reserve the right to collect all additional costs, fees and expenses associated with such chargeback, reversal or recollection, including, without limitation, attorney fees.
Late Fees: Final payments not received prior to the due date above will incur a $25 per person late fee. All reservations are subject to cancellation and penalties as described above if payments are not received on the due date. Late fees are not covered by the travel insurance and are always non-refundable. We reserve the right to refuse a booking without giving any reason and shall in that event return any deposit received.
Booking Accuracy and Legal Names: Client is required to immediately review all aspects of their booking to verify (but not limited to): all travelers’ names, mailing address, email address, telephone number, date of birth, pricing, airfare, arrival/departure airports, accommodations, and organized activities on your booking receipt. Please notify us immediately if any omissions and/or corrections are needed regarding the booking details. Client(s) voluntarily assumes full & sole responsibility for any and all risks and/or costs involved with failure to report such errors and/or omissions. Client is required to verify the accuracy of every client’s LEGAL first & last names. It is mandatory that client names be identical to the LEGAL first and last names and identical to the names as they appear on booking and travel documents.
Destinations: Travel to certain destinations may involve greater risk than others. FTJ urges clients to remain informed on a daily basis as to current news events, as well as to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking travel to international destinations. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at http://www.state.gov. In addition, you should consult with government websites to ensure that you are in compliance with all requirements for admittance into that country as well as understanding local laws that govern travel within a country, such as tracking.
BY OFFERING FOR SALE TRAVEL TO PARTICULAR DESTINATIONS, FTJ DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND SHALL NOT BE LIABLE FOR COSTS, DAMAGES, OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS. CLEINT’S PARTICIPATION CONSTITUTES ACCEPTANCE OF SUCH EVENTS AT CLIENT’S OWN RISK.
International Travel Documents: You and any minors traveling with you must be in possession of a machine-readable passport valid for 6 months after their trip return date along with applicable visas. Some countries require that your passport have two to four blank visa/stamp pages. Some airlines will not allow you to board if this requirement is not met. For information about passport requirements you can visits the State Department’s website at https://travel.state.gov/content/travel/en/passports.html. It is your sole responsibility to secure and/or pay for any and all visas, reciprocity fees, affidavits, immunizations, etc. that are required to be permitted entry into each destination. In some countries you may be subject to entry (reciprocity) fees and/or departure taxes/ exit fees which will be collected at the airports upon entry/departure by local government authorities. Please note that entry to any country may be refused even if the required information and travel documents are complete.
Visas: Some countries require visas to enter. Without a valid visa, you may be denied entry into the country. You can find out if you need a visa by visiting the embassy website of the country you’ll be traveling to. Although you can always contact us with questions it is your responsibility to ensure you have all the proper travel documents, to include your visa(s). Children Traveling with One Parent, or Someone Who is Not a Parent/Legal Guardian, or Children Traveling in a Group: Foreign border officials may require custody documents or written consent from the other parent/both parents. Requirements vary by country, so if this applies to anyone in your traveling party please research the requirements and leave prepared. When traveling domestically or internationally, the U.S. Transportation Security Administration (TSA) and U.S. Department of Homeland Security (DHS) advise that everyone carry at least two forms of acceptable identification in order to board a flight. Examples: DHS designated enhanced driver’s license, USA Passport, a foreign government passport. The name, date of birth and gender that appears on the identification card must exactly match the same such data that is listed on airline ticket(s) and booking records. For more information you can visit the TSA website at https://www.tsa.gov/travel/security-screening/identification.
For up-to-date detailed information on travel documents and visas, entry/exit taxes and further information on entry and exit requirements please check with your local consular services. Obtaining and carrying these documents is your sole responsibility. FTJ bears no responsibility for such information and will not be responsible for advising and/or obtaining required travel documentation for you, or for any delays, damages, and/or losses including missed portions of your vacation related to improper documentation or government decisions about entry.
Health: Recommended inoculations for travel may change and you should consult your provider for current recommendations before you depart. It is your responsibility to ensure that you meet all health entry requirements, obtain the recommended inoculations, take all recommended medication, and follow all medical advice in relation to your trip. Inoculation requirements can be found on the Center for Disease Control website at https://www.cdc.gov/.
Cancellation: Planning travel takes extensive time and research and FTJ is required to pay all suppliers well in advance of your vacation date. All suppliers have their own cancellation policies, which apply to your booking. All cancellations must be received by FTJ in writing. If you cancel a booking for any reason there will be no refunds issued by FTJ, and you will only receive a refund, if any, as provided by suppliers and in accordance with the supplier’s terms and conditions. A ‘trip’ or ‘booking’ often consists of multiple components, each of which may carry its own cancellation penalties (example: an airline ticket, a pre-trip hotel night, a multi-day adventure vacation by a tour operator, a post-trip extension designed by FTJ, all of which may be subject to a different set of cancellation policies). Upon inquiry, You will be provided with the individual cancellation policies to the extent that these are available in a distributable format, for your records, but FTJ is not responsible for this policy distribution. Clients are responsible for obtaining the applicable policies by contacting FTJ and requesting a copy (if available, otherwise it will be verbally delivered). Upon, receipt of your cancellation request, FTJ will follow industry procedures for any applicable refunds as outlined in the supplier’s terms and subject to their review. If you are entitled to a refund, please note that the supplier is responsible for this refund, not FTJ. Generally, flight tickets, hotel reservation and other items provided for the travel cannot be refunded if they are partially used. We are not responsible for a supplier’s failure to pay a refund. Money will be refunded to the original payor.
Regarding Airline tickets: If FTJ booked your tickets, they are typically 100% non- refundable and subject to individual airline penalties/fees. Because we and our suppliers strictly adhere to our cancellation terms, we strongly recommend the purchase of a Travel Protection Plan.
Changes and Cancellation by the Tour Operator: We will inform you as soon as reasonably possible if the operator needs to make a significant change to your confirmed booking or to cancel. We will also liaise between you and the operator in relation to any alternative arrangements offered by the operator but we will have no further liability to you. During local or national holidays, certain facilities such as museums, sightseeing trips and shopping may be limited or unavailable. In such instances itinerary changes are made by Operators seeking to reduce inconvenience to customers. Such changes are deemed not to be a major change, and no compensation will be payable to customers. Holidays, closing days and other circumstances may necessitate a change of the day of the week for scheduled regional meals, sightseeing or other activities. If you feel your enjoyment might be diminished by any of these circumstances please check with the respective national tourist office before selecting a specific departure date.
Force Majeure: We cannot accept liability, provide any refund, or pay any compensation where the performance or prompt performance of our contractual obligations is prevented or affected, or you otherwise suffer any loss, injury, death, inconvenience or damage as a result of circumstances amounting to “force majeure”. “Force majeure” means any event or circumstances which we or the supplier of the services in question could not foresee or avoid. Such events and circumstances may include, acts of God, actual or threatened, war, insurrection, riots, strikes, civil action, decisions by governments or governing authority, technical or maintenance problems with transport, changes of schedules or operational decisions of air carriers, terrorist activity or the threat thereof, industrial action, natural or nuclear activity, epidemic, pandemic, illness, physical injury, quarantine, medical or customs or immigration regulation, delay, or cancellation, adverse weather conditions, fire and all similar events outside our control. Furthermore, there will be no refunds due to fear of travel from actual or threatened terrorist, health, political, pandemic or other similar events.
Non-Operation of Group Tours: All group tours are based on a minimum number of participants. FTJ makes every effort to ensure that tours meet their minimum requirements. However, if the tour drops below the minimum number of participants cancellation of the tour may occur at the sole discretion of FTJ. In such case, guests will be advised as soon as possible. Ave Wine Adventures reserves the right to change the departure date. We may offer alternative tour dates or other travel arrangements. You may choose to accept these arrangements or to cancel your booking, in which case a full refund will be provided. Any air cancellation will be in accordance with the terms of the carrier and FTJ will not be liable for the carrier’s refusal to make any refund whatsoever. In such case FTJ will not be liable for any additional costs incurred outside of the tour prices such as visa and passport fees, travel insurance or any other purchases made by the guest in anticipation of the tour.
Travel Protection: It is the client’s responsibility to protect their purchases. For this reason, Travel Protection Coverage is strongly recommended. Such plan should cover Trip Cancellation or Interruption, Cancel for Any Reason, Medical Expense, Emergency Evacuation/Repatriation, Fairytale Journeys Travel 8 and Baggage. Travel protection plans can help protect you in the event of loss of non-refundable trip deposits and payments that result from cancellation or trip interruption (due to a covered reason such as injury or illness before or during the trip). It also helps with reimbursement for medical emergency costs (including very costly medical evacuation costs), missed connections and baggage loss.
FTJ is not qualified to answer technical questions about the benefits, exclusions, and conditions of travel insurance plans. FTJ cannot evaluate the adequacy of the prospective insured’s existing insurance coverage. If you have any questions about your travel protection, call your insurer or insurance agent or broker.
Certain countries have a requirement for foreign visitors to have valid medical insurance on entry. FTJ cannot be held responsible for denied entry if a guest is unable to provide details to authorities of insurance or denial of entry for any reason. Declining to purchase an adequate travel protection plan could result in the loss of your travel cost and/or require more money to correct the situation. You also acknowledge that without this coverage, there may be no way to recoup any losses, costs or expenses incurred. If you choose to travel without adequate coverage, we will not be liable for any of your losses howsoever arising, for which trip protection plan coverage would otherwise have been available.
Changes to the Itinerary/Rates: The right is reserved to substitute hotels of similar category (if available) or change schedules without prior notice should circumstances so demand. In the event of a change in the itinerary necessitated by factors or conditions beyond the actual control of FTJ no refund can be made, nor will credit be allowed, or refund given for any services provided in the itinerary should any such services not be utilized by tour members. We reserve the right to alter any itinerary, arrangement(s), or date(s), if it becomes necessary or advisable, and each trip participant agrees to pay additional expenses required by such alternative(s), if any. All prices are subject to change without notice. Availability of refunds for air transportation included in a tour and additional transportation costs for a person who does not utilize an air transportation part of the tour will vary with the type of transportation and the point at which transportation is not used and shall be made at the sole discretion of FTJ. All rates quoted in the description(s)/itinerary(ies)/brochure(s) are based on the current carrier tariffs and current international exchange rates and are subject to adjustment without prior notification in the event of changes therein, and any increase resulting from such adjustment shall not modify the cancellation provisions in the tour description/itinerary/brochure or the Trip Reservations and Details from accompanying this disclosure notice.
Limitations: The issuance of any tickets, reservations, or bookings by FTJ is done on the express condition that: 1. FTJ shall not be responsible for any changes in fares, rates, charges, or prices initiated by the carrier(s) or supplier(s) of services, and 2. FTJ shall not be responsible for any damages resulting from cancellations, changes, or disruption of any services and/or for refunds of monies already paid or transmitted to any carrier or supplier of services. Client’s initial retention of tickets, reservations, or bookings after issuance shall constitute a consent by Fairytale Journeys Travel 9 client, on his/her behalf and on behalf of his/her companions, to the above. Nothing agreed to herein by the client is meant to interfere with client’s legal rights against any carrier(s) or supplier(s) of services.
Non-Responsibility: Client hereby understands, acknowledges, and agrees that Fairytale Journeys, LLC, its owners, officers, members, employees, agents, representatives, affiliates, vendors, and independent contractors (collectively “FTJ”) does not own or operate any entity which is to or does provide goods or services for the Trip including without limitation, for example, partnership with, or ownership or control over hotels or other lodging facilities, airline, vessel, bus, van or other transportation companies, local ground operators, providers or organizers of optional or included excursions or equipment used thereon, food service or entertainment providers, etc. All such persons and entities are independent contractors that FTJ works with as such. Client therefore releases and holds harmless FTJ, its owners, officers, members, employees, agents, affiliates, and vendors for any negligent or willful act or failure to act of any such person or entity, or of any other third party, and you agree to and shall not make any claims against FTJ for any such actions or omission by FTJ or any such third parties. Without limitation, FTJ is not responsible for any injury, loss, or damage to your person or property, death, delay or inconvenience in connection with the provision of any goods or services occasioned by or resulting from, but not limited to, acts of God, acts of government, force majeure, acts of war or civil unrest, insurrection or revolt, strikes or other labor activities, criminal or terrorist activities of any kind, or the threat thereof, overbooking or downgrading of accommodations, structural or other defective conditions in hotels or other lodging facilities, mechanical or other failure of airplanes or other means of transportation or for any failure of any transportation mechanism to arrive or depart timely or safely.
Assumption of Risk/Waiver: Client is aware that travel such as client is undertaking on the Trip may involve hazardous activities, some in remote areas of the world. Inherent hazards and risks include, but are not limited to, risk of injury or death from: motor vehicles collisions, animals, roadway hazards, slips, and falls, amusement park accidents, swimming, consumption of alcoholic beverages, tainted food; exposure to the elements, including heat, cold, sun, water, and wind; my own negligence and/or the negligence of others, including other guests, and Travel Provider employees, agents and/or representatives; attack by or encounter with insects, reptiles, and/or animals; fatigue, chill, overheating, and/or dizziness,; known or unknown medical conditions, physical excursion for which I am not prepared or other such accidents; the negligence or lack of adequate training of any third-party providers who seek to assist with medical or other help either before or after injuries have occurred; and the adequacy of medical attention once provided.
Client understands the description of these risks is not complete and that unknown or unanticipated risks may result in injury, illness, or death. In order to partake of the enjoyment and excitement of this trip, client is willing to accept the risks and uncertainty involved as being an integral part of travel. Client hereby accepts and assumes full responsibility for any and all risks of illness, injury or death and of the negligence of FTJ and agrees to and shall hold harmless and fully release FTJ from any and all claims associated with the trip, including any claims of third party negligence and you hereby covenant not to sue FTJ for any such claims or join any lawsuit or action that is suing FTJ. This agreement also binds your heirs, legal representatives and assigns.
Indemnification: Client agrees to and shall indemnify and hold harmless Fairytale Journeys, LLC, and each of our officers, directors, employees and agents (collectively “FTJ”), from any expenses, losses, liabilities, damages, judgments, settlements and costs (collectively, “damages”) involved with or incurred by FTJ (including, without limitation, reasonable attorneys’ fees and the advancement of same) with respect to any claims, law suits, arbitrations, or other causes of action, which result, directly or indirectly, from: (i) Client’s breach or violation, or threatened breach or violation, of this Agreement and (ii) Any damage caused by client while participating in the trip.
Pre-Existing Medical Conditions/Persons with Disabilities: It is essential that you advise us before booking if you have any disability or pre-existing medical condition which may affect your trip, or if you have any special requirements as a result of any disability or medical condition (including any which affect the booking process) so that we can assist you in considering the suitability of the arrangements and/or in making the booking. FTJ will make reasonable efforts to accommodate requests, but cannot be responsible if ADA accommodations are not available. Any accommodations provided will be at the sole expense of the guest requiring the accommodation. Please note that accommodations outside of the USA may not be in compliance with the Americans with Disabilities Act and may not have wheelchair accessibility. Baggage Fees: Due to continual changes in airline baggage policies it is suggested that you inquire with your airline’s website for up-to-date fees & information. FTJ is NOT responsible for additional fees incurred for baggage or seating.
Airline Schedule Changes and Cancellations: Occasionally airlines change flight schedules & may even cancel flights entirely. These changes are beyond FTJ’ control. In the event that such a situation occurs; FTJ will do it’s very best to assist you with finding best possible alternate option(s). If the flight time change is minor (2 hours or less) the airline will automatically make the change (airline policies/rules entitle them to legally do so). FTJ will notify you of major changes. Please Note: there may be additional costs to re-book a new flight should the airline cancel or make a major change to your original flight itinerary. FTJ is NOT responsible for any additional costs or fees imposed by the airlines. It is the responsibility of the passenger to check for last minute airline flight time changes within 24 hours of departure. FTJ is not responsible for changes that may occur within 24 hours of original flight departure time. Fairytale Journeys Travel 11 Re-Confirm Your Flight: FTJ advises you personally to re-confirm your flight schedule within 24 hours prior to departure directly with the airline in case of any last-minute changes or delays. Most airlines allow you to check in online 24 hours prior to departure.
Governing Law/Submission to Jurisdiction: This Agreement and all attachments hereto and the rights of the parties hereunder shall be governed by and construed in accordance with the laws of the State of Florida, exclusive of conflict or choice of law rules. Any claims shall be brought in a court located in Florida. All client claims must be submitted in writing and received by FTJ no later than 60 days after completion of the FTJ vacation. Client claims not submitted and received within this time shall be deemed to be waived and barred.
Entire Agreement & Severability: This agreement, including any other documents, including invoices, we provide you, constitutes the entire agreement and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, with respect to FTJ. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.