ForeverSpree

Neither ForeverSpree nor its affiliates will be responsible for delays or any failure in performance under these Terms and Conditions, where performance is made commercially impracticable due to circumstances beyond either party’s control including, but not limited to: the failure of any server hardware or software to operate or function property; the inability to link to, access, conduct business or confirm transactions on or through the ForeverSpree Web site whether caused by server hardware or software failure or caused by any Internet service provider or other third party; earthquake, flood, fire, storm or other casualty or natural disaster; epidemic; accident; explosion; act of God; lockout; strike; labor controversy or threat thereof; riot; insurrection; civil disturbance or commotion; boycott; disruption of the public markets; war or armed conflict (whether or not officially declared); sabotage; act of a public enemy; embargo; delay of a common carrier; the inability to obtain sufficient material, supplies, labor, transportation, power or other essential commodity or service required in the conduct of its business; lack of availability of any product or service advertised or promoted on the ForeverSpree Web site; or any change in or the adoption of any law, ordinance, rule, regulation, order, judgment or decree binding on such party; provided that the party relying upon this Non-Performance provision takes all steps reasonably necessary under the circumstances to mitigate the effects of the event or circumstances causing the non-performance.