BottlesUp shall be excused from performance under this Terms of Use if BottlesUp is prevented, forbidden or delayed from performing, or omits to perform, any act or requirement under this Terms of Use by reason of: (a) any provision of any present or future law or regulation or order of the United States of America, or any state thereof, (b) any act or omission of a third party, or (c) any act of God, emergency condition, war, computer or telecommunications failure or other circumstance beyond the control of BottlesUp.