Key Club Terms & Conditions

The following terms and conditions (“Terms & Conditions”) govern participation in Spec’s Wine Spirits and Finer Foods (“Spec’s”) program known as Key Club (“Key Club” or “Program”). If you require clarification or further information, you may contact Key Club Support at keyclub@specsonline.com.

By participating in the Program, you agree to be subject to and comply with the following Terms and Conditions at all times:

1. General
2. Program Participation
   1. Eligibility
   2. Membership
   3. Termination or Discontinuance of Program or Membership
3. Accrual of Points
4. Use of Points
5. Member Status & Benefits
6. Relationship to previous Key Club Program
7. Privacy Information
8. Additional Conditions of Participation
9. Individual Arbitration of Disputes; Jury Trial Waiver
10. Notices

I. GENERAL

Key Club is offered and sponsored by Spec’s Wine Spirits and Finer Foods stores located in Texas (“Participating Stores”). The Participating Stores are subject to change at any time, without notice. Purchases made at Participating Stores after the date the store has ceased the program will be eligible to receive Points, as described further below in Section III.

Key Club membership and its benefits, if any, are offered at the sole discretion of Spec’s Wine Spirits and Finer Foods and the Participating Stores.

The Terms and Conditions set forth herein supersede all prior program terms and conditions.

In its sole discretion, Spec’s may add, modify, delete, or otherwise change these Terms and Conditions, and any of the rules, procedures, conditions, Points, Benefits or Membership Status or requirements pertaining to the Program, with or without notice and even though such changes may affect the value of Points already accumulated or how Points may be received or valued.

The Terms and Conditions shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to any choice of law or conflict of law rules or provisions that would cause the application of any other state laws. Applicants for enrollment, Members and Spec’s agree to resolve any disputes over the Program in the state courts of Austin, Texas and irrevocably waived any right to a jury trial.

II. PROGRAM PARTICIPATION

A. ELIGIBILITY

1. Only legal residents of the United States who are (a) at least 21 years of age and (b) use the Program for personal (not commercial or business purposes) are eligible to enroll as a Member in the Program (“Eligible Person”). Eligibility in the Program is void where prohibited by law.
2. An Eligible Person may enroll by request by texting SPECS and his or her email address to 474747 or by enrolling online at https://specsonline.com/keyclub/create-account/. Message and data rates may apply. Text STOP to 474747 to cancel. Reply HELP for info or email keyclub@specsonline.com.
3. Eligible Persons may apply for and receive only one membership per person, and per phone number and email address.
4. Enrollment is not effective until enrollment has been accepted and activated online by completing a membership profile in its entirety. If a Member is determined to be ineligible after enrollment, the membership will be terminated immediately, and no Points or Benefits will be made available.

B. MEMBERSHIP

1. Membership in the Program is voluntary and free. No purchase is necessary to become a Member. Each Member may only have one membership per person, and per phone number and email address.
2. Key Club membership entitles Members to receive Key Club Points (“Points”) , which shall serve as the basis for offers, discounts (including Key Club Benefits and other privileges or opportunities (“Benefits”) identified from time to time by email communications made available to Members.If a Member becomes aware of any fraudulent activity, including unauthorized use of a Member account or benefits, Member must report the fraudulent activity via email to Key Club Support at keyclub@specsonline.com, as soon as possible.
3. Key Club is for personal use only. Commercial customers and others purchasing items for resale are not eligible for membership. Any Member’s account deemed to be used for business purposes may be revoked by “Spec’s” sole discretion.In the event of a Member’s death, please contact us at keyclub@specsonline.com. The Member’s account will be closed, and all Points and Benefits forfeited.
4. Members may not transfer Points or Benefits between Key Club accounts and cannot combine Points.
5. In the event of a dispute over ownership of the Key Club Program account, the account will belong to the authorized account holder of the email address and/or phone number submitted at the time of enrollment. For purposes of these Terms, the “authorized account holder” for the email address and/or phone number is the natural person who is over the age of 21 and is assigned to the submitted email address by an internet provider, online service provider, or other organization that is responsible for assigning email addresses for the domain associated with the submitted email address.
6. A Member may visit https://specsonline.com/keyclub/create-account/ to create an online profile so the Member can manage their Member’s Key Club account and access benefits of the Program.Member is responsible for maintaining Member’s current contact information and updating Member’s account profile through the online platform or via Customer Care.The Member is responsible for creating private account access information for Member’s online account and for maintaining the security of that information. If the security of the Member’s online account is breached, Spec’s and Participating Stores shall not be liable for any unauthorized access to the account, or accumulation of Points or Benefits, or other account activity that occurs as a result of the unauthorized access or use. In no event shall Spec’s and Participating Stores be responsible for reimbursing Member for any Points or Benefits used by unauthorized person(s), or other damages or losses claimed to occur as a result of that unauthorized access.
7. Members who do not make any eligible purchases or do not associate their Key Club account with any eligible purchase(s) for 12 months are subject to deactivation and cancelation of accumulated Points and/or Membership Status, in the sole discretion of Spec’s. After deactivation, a Member is eligible to open a new account.
8. By joining in the Program, Members agree to receive mail, email and phone communications including, but not limited to, information about Member’s account and the Key Club Program, and commercial email and direct mail from any Spec’s store. If a Member no longer wishes to receive communications via email or direct mail, please unsubscribe by clicking “unsubscribe” at the bottom of any email, contact us at keyclub@specsonline.com.
9. Spec’s and Participating Stores may, but are not required to, send correspondence to active Members to remind them of the Program’s Terms and Conditions, available Benefits, or the expiration of Points or Benefits at the end of the Program Calendar Year (defined below). Spec’s and Participating Stores shall not be liable for any failure to do so, or for any incorrect, inaccurate or failed communication with a Member, whatever the cause.
10. For information about an individual account or any other Program related questions, contact Key Club Support at keyclub@specsonline.com. Please include the Member’s name, Key Club Member number, daytime telephone number and/or email address.

C. TERMINATION OR DISCONTINUANCE OF PROGRAM OR MEMBERSHIP

1. A Member may cancel his or her Membership at any time by contacting Customer Care at keyclub@specsonline.com.
2. Key Club has no predetermined termination date and may continue until any Spec’s decides to terminate the Program in any or all locations, which may occur at any time, for any or no reason, and with or without notice to a Member.
3. Spec’s and Participating Stores reserve the right, in its sole discretion, to discontinue membership for any Member who:
   1. uses the Program in any manner inconsistent with the Terms and Conditions;
   2. violates or acts in any manner that is inconsistent with federal, state or local laws;
   3. engages in any form of fraud, theft, misconduct, or dishonesty in connection with the Member’s account, any other Member’s account, or accumulation of Points or Benefits;
   4. is abusive, disruptive, inappropriate, or hostile conduct toward any employee, representative or customer of a Participating Store or any other business operating as Spec’s or any Key Club Program Member; or
   5. fails to pay for any purchase at any Participating Store, or other business operating as Spec’sIn Spec’s and Participating Store’s sole discretion, such discontinued membership may result in the loss of all accumulated Points, and the cancellation of Member Status received and/or any Benefits.

III. ACCRUAL OF POINTS

1. Only purchases made online at https://specsonline.com or in Participating Stores are eligible to receive Points under the Program. Points are calculated on a per-item basis.Point values are earned based on the pre-tax value of the items purchased, including both the dollars and cents spent, and after any discount(s) have been applied. Point values are rounded up to the nearest whole number.A Member will receive one (1) Point for each one (1) dollar spent on eligible items and two (2) points for each one (1) dollar spent on deli items that are part of a qualified purchase made in-store or online (for shipping, Curbside pickup or In-Store pickup) at a Participating Store (“Base Points”), provided that the Member supplies his/her membership number to a Participating Store employee or logs into his or her Key Club Member account before the payment for the eligible charges is tendered.Special or limited release products may not be eligible for points. Please email keyclub@specsonline.com“>keyclub@specsonline.com for details.Points may appear on the receipt but are not officially added to the system until 1 – 2 business days.
2. For a select and limited time, Spec’s may offer Members promotional “Bonus Point Promotions” that result in an earning of extra Points (“Bonus Points”) earned depending on the Key Club Member Status, described in Section V.1.b. Such Bonus Point Promotions are also subject to any other terms set forth in the promotional offer.
3. A Member may also earn an additional 250 points once by completing their membership profile in its entirety. The amount of points earned are determined at the sole discretion of Spec’s and can be changed at any time.
4. A Member may also earn an additional 100 points by referring a friend. Member’s friend must use Member’s Key Club Referral Code at sign up and complete their membership profile in its entirety. The amount of points earned are determined at the sole discretion of Spec’s and can be changed at any time.
5. If a Member fails to associate his/her Key Club Membership number with eligible item(s) before the time payment is tendered, no Points will be received on the purchase. However, if payment has been tendered, Members can request to associate their prior in-store purchases to their Key Club account by submitting a written request via email for a Points adjustment to Key Club Support with a scanned, legible copy of the Member’s receipt, and Member’s name, account number, email address, and phone number associated with the account. The information should be sent to Key Club Support. Failure to supply the adequate and unaltered documentation may result in denial of such Point credit. Requests must be received by Customer Care within one (1) month from the date the eligible charges were incurred to receive consideration. This only applies if the Member was already enrolled in the Program at the time the eligible charges were incurred, and Member has receipt details.All receipts should be retained by the Member until the Point credit has appeared on his or her Key Club account statement. If a Member believes the correct amount of Points for eligible charges was not received, the Member must follow the above procedure.
6. If a Participating Store ceases to participate in the Key Club Program, purchases made at that Participating Store after the date the Participating Store has ceased participation will be eligible to receive Points but may not be eligible for some or any benefits associated with the Member’s membership level at that location.
7. Accrued Points and Benefits are not property of the Member. Points and Benefits are not transferable by Members for any reason.Points and Benefits received by a Member may not be sold, auctioned, bartered, brokered, purchased, or otherwise transferred. If Spec’s or a Participating Store determines, in its sole discretion, that any Points or Benefits have been obtained in that manner, the Points and Benefits will be deemed to have been fraudulently obtained and, therefore, immediately void. The Membership of any Member attempting to cause any such sale, auction, barter, brokerage, purchase, or transfer may be terminated.
8. Points cannot be received on the purchase of gift cards purchased from a Participating Store or the Spec’s website. However, when a gift card is used to pay for eligible purchases, Points will be received provided the Member supplies his/her membership number to a Participating Store employee or logs into his or her Key Club Member account before the payment for the eligible charges is tendered.
9. No Points will be received for:
   1. Taxes; or,
   2. Non-paid item(s)
10. If a Member returns a purchase made with the Member’s Key Club account, Spec’s will deduct the Points the Member earned for that purchase, potentially resulting in a negative Point balance on the Member account.

IV. USE OF POINTS

Points have no cash value. Points are only used to determine a Member’s qualification for different Membership Statuses (Red, Gold, Platinum and Black), and as a means to determine the offers and Benefits a Member may qualify for, if any.

We may give you opportunities to use your points to redeem any available rewards option(s) or item(s). To participate, you may be required to adhere to additional terms and conditions outlined at the time of the opportunity.

V. KEY CLUB MEMBER STATUS & BENEFITS

1. The Program has four (4) Membership Status levels:
   1. Red Level Membership is available to all Members with 0 – 1962 Points;
   2. Gold Level Membership requires accumulation of 1963 – 3499 Points;
   3. Platinum Level Membership requires accumulation of 3500 – 6499 Points;
   4. Black Level Membership requires accumulation of 6500 or more Points
   Benefits available to a Member are based on a Member’s Status. Membership Status is based on a Member’s lifetime earned Points. The date range of eligible Points earned per status is determined at the sole discretion of Spec’s and can be changed at any time.
2. Benefits are available to Members of the Program based upon the Membership Status achieved. These Benefits are offered solely at the discretion of Spec’s. Current Key Club Benefits include:RED LEVEL KEY CLUB MEMBER0-1962 points
   • Member-only In-Store Discounts
   • Product Alerts
   • Dashboard Access
   • RED LEVEL BENEFITS PLUS
   GOLD LEVEL KEY CLUB MEMBER1963-3499 points
   • Special In-store Events
   • Early In-Store Access to New Product Releases
   • GOLD LEVEL BENEFITS PLUS
   PLATINUM LEVEL KEY CLUB MEMBER3500-6499 points
   • Birthday Gift
   • Discounts on Classes and Events
   • More coming soon!
   • PLATINUM LEVEL BENEFITS PLUS
   BLACK LEVEL KEY CLUB MEMBER6500+ points
   • Invitation-only VIP Events
   • Early Access to Online and In-store Limited Releases
   • More coming soon!
   1. BENEFITS AVAILABLE TO ALL MEMBERS
      1. Gifts. Red, Gold, Platinum and Black Level Members are eligible to receive a $5 Spec’s gift card for completing their membership profile in its entirety once.
      2. Bonus Point Promotions. During Bonus Point Promotions, Members may receive Bonus Points (in addition to Base Points) in connection with certain promotional offers. Members will receive Bonus Points as advertised.
      3. Past Purchases. Spec’s will track every purchase, starting from the time the Member signs up, and will record Member’s past product purchases for review in the Member’s online account.
      4. Member-Only Savings. In Participating Stores, all Members will have access to certain Member-only specials. All offers will be sent to members in the form of an email. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program.
      5. Product Alerts. All product alerts will be issued in the form of an email and be based on Member interests. Members can update their interests by product category on the Key Club Dashboard.
   2. GOLD: In addition to the Benefits described above, Gold Level Members are also eligible to receive the following Benefits:
      1. Member-Only Savings in Stores & Online. Members will have access to certain Member-only specials in Participating Stores and online. All offers will be sent to members in the form of an email. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program.
      2. Member-Only Events. Unless prohibited by law, Gold Level Members will receive email invitations to complimentary Member-only events at Participating Stores. The number, content, and duration of the events vary. Participating Stores may not invite all Gold Level Members to every event due to event-size limitations, Member interests and other business objectives. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. Invitation(s) may require Members to sign up or RSVP. The frequency, value, and quantity of these offers can be changed at any time and will vary, depending on availability.
      3. Early Access to New Product Releases. Unless prohibited by law, Gold Level Members will receive email invitations before the general public to access new product in Participating Stores based on Member interests. Notice of arrival or announcement of a process for access does not guarantee item availability; items are available on a first-come, first-serve basis. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity of them can be changed at any time and will vary, depending on preferred store selection, and availability.
   3. PLATINUM: In addition to the Benefits described above, Platinum Level Members are also eligible to receive the following Benefits:
      1. Birthday Gift. Platinum Level Members are eligible to receive a $5 Spec’s gift card during the month of the Member’s birthday listed in their membership profile. Members will receive a birthday email with instructions on how to obtain the gift card. To qualify for this gift, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The value and quantity of this offer can be changed at any time and will vary, depending on availability.
      2. Discounts on Classes and Events. Unless prohibited by law, Platinum Level Members will receive email invitations for discounts of varying amounts on the cost of certain classes. Offer valid on cost of certain classes offered at Participating Stores. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity of them can be changed at any time and will vary, depending on preferred store selection, Member interest and availability.
      3. Two (2) Curbside or In-Store Pickup fees waived. Unless prohibited by law, Platinum Level Members will receive an email with a promotion code for two (2) waived fees for Curbside or In-Store Pickup services. Offer valid on cost of Personal Shopping fee, each valued at $4.95, at Participating Stores. Offer does not renew each year. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers and value can be changed at any time and will vary, depending on store selection and availability.
   4. BLACK: In addition to the Benefits described above, Black Level Members are also eligible to receive the following Benefits:
      1. Invitation-Only Member-Only Events. Unless prohibited by law, Black Level Members will receive email or mail invitations to invitation-only Member-only events at a select venue or at Participating Stores. The number, content, and duration of the events vary. Spec’s may not invite all Black Level Members to every event due to venue-size limitations, Member interests and other business objectives. To qualify for these offers, Member must have a valid email address and mailing address in Program Membership profile and be subscribed to receive emails regarding the Program. Invitation(s) may require Members to sign up or RSVP. The frequency, value, and quantity of these offers can be changed at any time and will vary, depending on availability.
      2. Early Access to New Product Releases. Unless prohibited by law, Black Level Members will receive email invitations before the general public to access new product in Participating Stores and online based on Member interests. Notice of arrival or announcement of a process for access does not guarantee item availability; items are available on a first-come, first-serve basis. To qualify for these offers, Member must have a valid email address in Program Membership profile and be subscribed to receive emails regarding the Program. The frequency of these offers, value, and quantity of them can be changed at any time and will vary, depending on preferred store selection, and availability.
      3. 25% off apparel and Key Club merchandise. Black Level Members will receive 25% off apparel and Key Club merchandise in Participating Stores and online. The frequency of these offers, value, and quantity of them can be changed at any time and will vary, depending on store selection and availability.

VI. RELATIONSHIP TO PRIOR KEY CLUB PROGRAM

1. The Key Club Program entirely replaces the prior Key Club Program in all Participating Stores. The membership of persons enrolled in the prior Key Club Program is automatically converted to this Key Club Program and becomes immediately subject to these Terms and Conditions.
2. Any Points received under the prior Key Club Program shall be counted as Points under this Key Club Program for purposes of determining Key Club Member Status (Red, Gold, Platinum and Black) only, as described above in Section V.

VII. PRIVACY INFORMATION

1. IF YOU DO NOT AGREE TO THE TERMS SET FORTH IN SECTION VII, YOU SHOULD NOT JOIN THE PROGRAM.
2. Participating Stores , their affiliates and their vendors may collect, process and/or use your personal information in accordance with the Spec’s Wine Spirits and Finer Foods Privacy Policy (the “Privacy Policy”), available at https://specsonline.com/privacy-policy/ . In accordance with our Privacy Policy, we do not sell your information.
3. By participating in the Program, you agree that Participating Stores, their affiliates and their vendors may collect, process and/or use information from and about you, and Participating Stores and their affiliates may share your personal information for the purpose of administering the Program and other business purposes, including updating and enhancing the quality and content of the Program and information we maintain about you, and selecting, stocking, pricing and marketing store merchandise.
4. As a Member, you authorize us to send you periodic communications by email, mail, phone or other marketing communication channels. You may discontinue receiving communications from us by logging onto your account online and managing your subscriptions, or by contacting us at keyclub@specsonline.com.
5. We may modify these Terms and Conditions from time to time by posting the revised Terms and Conditions on our website. Your continued participation in the Program following the posting of any such changes to these Terms and Conditions, or to the Privacy Policy, indicates your acceptance of the changes.

VIII. ADDITIONAL CONDITIONS OF PARTICIPATION

1. Spec’s and Participating Stores reserve the right to interpret and apply the policies and procedures communicated in these Terms and Conditions. All determinations by Participating Stores shall be final and conclusive in each case.
2. Spec’s and Participating Stores, and any parent, subsidiaries or affiliated entities, and each of their respective officers, directors, employees, and agents (the “Released Parties”), make no warranty, express or implied, including, but not limited to, any warranties of merchantability or fitness for a particular purpose with respect to the Program, membership in the Program, or any products or services related to the Program. BY PARTICIPATING IN THE PROGRAM, EACH MEMBER HEREBY RELEASES THE RELEASED PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES RELATING TO THAT MEMBER’s PARTICIPATION IN THE PROGRAM, USE OF KEY CLUB OR AGREEMENT TO THESE TERMS. THE RELEASED PARTIES WILL NOT BE LIABLE FOR ANY DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH YOUR PARTICIPATION OR MEMBERSHIP IN THE PROGRAM, INCLUDING DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES ARISING OUT OF CHANGES TO OR TERMINATION OF THE PROGRAM. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL DAMAGES, LOSSES, LIABILITIES, AND OTHER EXPENSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES. TO THE EXTENT PERMITTED BY LAW, THE LIMITATIONS ON THE RELEASED PARTIES’ LIABILITY SET FORTH HEREIN SHALL APPLY WHETHER FOR BREACH OR REPUDIATION OF CONTRACT, OR WHETHER IN TORT, CIVIL LIABILITY BY WAY OF NEGLIGENCE, GROSS NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. BY AGREEING TO THESE TERMS, YOU WILLINGLY AGREE THAT YOU HAVE RELINQUISHED YOUR RIGHT TO SEEK THESE DAMAGES FROM THE RELEASED PARTIES AND THAT THIS IS A REASONABLE ALLOCATION OF RISK.
3. Spec’s and Participating Stores can delay enforcing their rights under these Program Terms without losing them. In addition, our failure to exercise our rights on any one occasion, or even on more than one occasion, does not constitute a waiver of our rights for any future occasion. All waivers must be in writing.

IX. INDIVIDUAL ARBITRATION OF DISPUTES; JURY TRIAL WAIVER

1. THIS SECTION LIMITS CERTAIN RIGHTS THAT ANY MEMBER AND PARTICIPATING STORES MIGHT HAVE, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY (EXCEPT AS PROVIDED IN JAMS RULES REFERENCED BELOW), AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT MEMBER AND PARTICIPATING STORES WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
2. Member and Spec’s agree that they will resolve any disputes regarding the Program through binding and final arbitration instead of through court proceedings. All controversies, claims, counterclaims, or other disputes arising between Member and Spec’s relating to the Program or this Agreement (each a “Claim”) shall be submitted for binding arbitration. The Federal Arbitration Act governs the interpretation and enforcement of the agreement to arbitrate in this Section 5 Arbitration shall be initiated through JAMS, Inc. (formerly Judicial Arbitration and Mediation Services), an established alternative dispute resolution provider (“ADR Provider”) that offers arbitration as set forth in this section. If JAMS is not available to arbitrate, the parties shall select an alternative ADR Provider. The parties may also mutually agree on an alternative ADR provider. The rules of the ADR Provider shall govern all aspects of this arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with the Terms (“Arbitration Rules”). The JAMS rules governing the arbitration are available online at www.jamsadr.com or by calling JAMS at 1-800-352-5267. The arbitration shall be conducted by a single, neutral arbitrator. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
3. If Member demonstrates that the costs of arbitration will be prohibitive as compared to the costs of litigation, Spec’s will pay as much of the administrative costs and arbitrator’s fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. However, Spec’s will not pay Member’s share of the arbitration fees if the arbitrator finds that either Member’s claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).
4. This arbitration agreement does not preclude any Member from filing any complaint before any federal, state, or local government agencies with jurisdiction over such disputes. Member and Spec’s also have the right to bring qualifying claims in small claims court. In addition, Member and Spec’s retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with this Agreement, nor a waiver of the right to have disputes submitted to arbitration as provided in this Agreement.
5. NEITHER MEMBER NOR Spec’s MAY ACT AS A CLASS REPRESENTATIVE OR PRIVATE ATTORNEY GENERAL, NOR PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, WITH RESPECT TO ANY CLAIM. CLAIMS MAY NOT BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator can decide only Member and Spec’s individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
6. If any provision of this Section IX is found to be invalid or unenforceable, except for subparagraph E, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section IX shall continue in full force and effect. No waiver of any provision of this Section IX will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Agreement. If subparagraph E is found to be invalid or unenforceable then neither Member nor Spec’s shall be entitled to arbitration.
7. This Arbitration Provision shall survive termination of the Program or Member’s Program account.
8. If you do not want to be bound to this Arbitration Agreement, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms and Conditions containing the Arbitration Agreement). To opt out of this Arbitration Agreement, you must send a letter or postcard to the address specified under Section X, Notices, to the attention of the “Legal Department” and state that you do not want to be bound by this Arbitration Provision.
9. In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court (including but not limited to in the event you opt out of arbitration pursuant to subparagraph H, the parties hereby agree to submit to the personal jurisdiction of the courts located in Austin, Texas, for such purpose.

X. NOTICES

You may contact us by writing us at the address listed below:

Spec’s Wine Spirits and Finer Foods
2410 Smith Street
Houston, TX 77066