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TERMS
AND CONDITIONS
For WEB SITE and PRODUCTS
AGREEMENT BETWEEN USER AND FROM
THE WILDERNESS PUBLICATIONS ("FTW")
PLEASE READ THE FOLLOWING TERMS OF USE
AND DISCLAIMERS CAREFULLY BEFORE USING THIS WEB SITE (this
"Site") or purchasing FTW products. By accessing or using
this Site, or by purchasing FTW products, you agree to these
terms of use, conditions and all applicable laws. If you
do not agree to these terms you may not use this Site or
purchase FTW products.
Table of Contents
Modifications of these Terms
Use of Site
Copyrights and Trademarks
General
Typographical Errors
Our Addresses
Third Party Links
Termination
User Participation
User Submissions
User Chat Rooms/Message Boards
Refund/Cancellation Policy & Shipping
Information
Interruption of Service
Free Online Only Trial Offer
Disclaimer
Limitation of Liability
Indemnification
Applicable Laws
MODIFICATION
OF THESE TERMS OF USE.
FTW reserves the right to change the
terms, conditions, and notices under which the FTW Web Site
are offered, including but not limited to the charges associated
with the use of the FTW Web Site. You are responsible for
regularly reviewing these terms and conditions. FTW reserves
the right to be the sole decision maker as to whether these
terms have been violated.
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USE OF SITE.
PERSONAL AND NON-COMMERCIAL USE LIMITATION.
Unless otherwise specified, the FTW
Web Site is for your personal and noncommercial use. You
may not modify, copy, distribute, transmit, display, perform,
reproduce, publish, license, create derivative works from,
transfer, or sell any information, software, products or
services obtained from the FTW Web Site. <Please see
copyright page for more information>.
You may display and, subject to any expressly
stated restrictions or limitations relating to specific
material, electronically copy, download and print hard copy
portions of the material from the different areas of the
Site solely for your own noncommercial use, or to place
an order with FTW or to purchase FTW products. Any other
use of materials on this Site, including but not limited
to the modification, reproduction, distribution, republication,
display or transmission of the content of this Site, without
prior written permission of FTW is strictly prohibited.
Harassment in any manner or form on the
Site, including via e-mail and chat or by obscene or abusive
language is strictly forbidden. Impersonation of others,
including an FTW employee, host, or representative or other
members or visitors on the Site is prohibited. You may not
upload to, distribute, or otherwise publish through the
Site any content which is libelous, defamatory, obscene,
threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable, or which may constitute
or encourage a criminal offense, violate the rights of any
party or otherwise give rise to liability or violate any
law. You may not upload commercial content on the Site or
use the Site to solicit others to join or become members
of any other commercial online service or other organization.
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COPYRIGHTS
AND TRADEMARKS.
The entire content included in this
Site, including but not limited to text, design, graphics,
interfaces, or code and the selection and arrangements thereof
is copyrighted as a collective work under the United States
and other copyright laws, and is the property of FTW. The
collective work includes works that are licensed to FTW.
Copyright 1998, 1999, 2000, 2001, 2002. ALL RIGHTS RESERVED.
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TYPOGRAPHICAL
ERRORS.
In the event an FTW product
or service is listed at an incorrect price due to typographical
error or error in pricing information received from our
suppliers, FTW shall have the right to refuse or cancel
any orders placed for product or service listed at the incorrect
price. FTW shall have the right to refuse or cancel any
such orders whether or not the order has been confirmed
and your credit card charged. If your credit card has already
been charged for the purchase and your order is canceled,
FTW shall issue a credit to your credit card account in
the amount of the incorrect price.
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TERMINATION
These terms and conditions are applicable
to you upon your accessing the Site and/or completing the
registration or shopping process. These terms and conditions,
or any of them, may be modified or terminated by FTW without
notice at any time for any reason. The provisions relating
to Copyrights and Trademarks, Disclaimer, Claims, Limitation
of Liability, Indemnification, Applicable Laws, Arbitration
and General, shall survive any termination.
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USER
PARTICIPATION.
FTW does not and cannot review all
communications and materials posted to or created by users
accessing the Site and is not in any manner responsible
for the content of these communications and materials. You
acknowledge that by providing you with the ability to view
and distribute user generated content on the Site, FTW is
merely acting as a passive conduit for such distribution
and is not undertaking any obligation or liability relating
to any contents or activities on the Site. However, FTW
reserves the right to block or remove communications or
materials that it determines to be (a) abusive, defamatory,
or obscene, (b) fraudulent, deceptive, or misleading, (c)
in violation of a copyright, trademark or; other intellectual
property right of another or (d) violates any law or regulation
or (e) offensive or otherwise unacceptable to FTW at its
sole discretion. Note that any personally identifiable information
you may post or transmit will be treated by From The Wilderness
Publications in accordance with From The Wilderness Publications's
Privacy Statement.
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USER
SUBMISSIONS.
Except for any personally
identifiable information we may collect from you under the
guidelines established in our Privacy
Statement, any material, information or other communication
you transmit, upload or post to this Site ("Communications")will
be considered non-confidential and non-proprietary. FTW
will have no obligations with respect to the Communications.
FTW will, before repostng, reprinting or otherwise publishing
any material from chat rooms or message boards, first seek
permission from the posting entity. This condition will
not aply in cases of criminal activity or messages demmed
to be in the interest of public safety.
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USER CHAT
ROOMS.
FTW may, but is not obligated to,
monitor or review any areas on the Site where users transmit
or post Communications or communicate solely with each other,
including but not limited to chat rooms, bulletin boards
or other user forums, and the content of any such Communications.
FTW, however, will have no liability related to the content
of any such Communications, whether or not arising under
the laws of copyright, trademarks, libel, privacy, obscenity,
or otherwise. Nothing shall be constured as to imply that
FTW endorses or supports any messages posted to the site.
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REFUND,
PRODUCT RETURN AND SUBSCRIPTION CANCELLATION
- FTW guarantees replacement or
refund, at our sole discretion, of all defective merchandise.
- Shipping is not refundable. You
will not receive credit for shipping and handling charges
on returned merchandise.
- A restocking fee of up to 25%
may apply to returned merchandise.
- Cancellation of annual subscriptions
before expiration date will be prorated based upon usused
portions less a $5.00 processing fee.
- Purchase of video tapes and printed
reports are final and non-refundable.
What about shipping?
All items in our store are shipped via
UPS as our default shipping service.
Air, Overnight, and Second Day Shipping We will be happy
to arrange upgraded shipping at the customer's expense on
request. Please call (866)-222-7693 or (818) 788-8791 Monday
- Friday 9am to 5pm pst. and we will be glad to assist you.
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INTERRUPTION
OF SERVICE / FORCE MAJEURE
FTW shall not be held responsible for delays
or failure to perform caused by
civil emergencies, terrorist acts, civil unrest, government
rules, or the existence of unusual economic emergencies,
or by flood, fire, war, delays of carriers, and acts of
God, or other similar occurrences beyond the control of
FTW.
In the event of disruption of service due to any of the
above-mentioned conditions, newsletter subscriptions, online
subscriptions, and all subscription expiration dates will
be suspended as of the date of disruption of service. At
the earliest possible moment after the end of the emergency,
FTW will resume publication and all pre-existing subscriptions
will receive their full subscription term.
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FREE ONLINE
TRIAL OFFER
- The online trial offer was created
to provide access to the members area of the website for
those people who would not otherwise have access and to
see first hand what is in the members area.
- Only one trial subscription will
be given. If you currently have a trial subscription and
you purchase additional products, your online trial will
not be extended for another term.
- The 3 month trial subscription
is given to customers on qualifying items, regardless
of number of items purchased.
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THIRD-PARTY
LINKS.
In an attempt to provide increased value
to our visitors, this Site may contain links to other sites
on the Internet that are owned and operated by third party
vendors and other third parties (the "External Sites"). However,
even if the third party is affiliated with FTW, FTW has no
control over these linked sites, all of which have separate
privacy and data collection practices, independent of FTW.
FTW has no responsibility or liability for these independent
policies or actions and is not responsible for the privacy
practices or the content of such Web Site. These linked sites
are only for your convenience and therefore you access them
at your own risk. Links do not imply that FTW sponsors, endorses,
is affiliated with or associated with, or has been legally
authorized to use any trademark, trade name, service mark,
design, logo, symbol or other copyrighted materials displayed
on or accessible through such External Sites. Nonetheless,
FTW seeks to protect the integrity of its Site and the links
placed upon it and therefore requests any feedback on not
only its own Site, but for sites it links to as well (including
if a specific link does not work).You should contact the Site
administrator or Webmaster for those External Sites if
you have any concerns regarding such links or the content
located on such External Sites.
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DISCLAIMER.
From The Wilderness Publications makes
no warranties or representations about the accuracy or completeness
of External Sites.
From The Wilderness Publications does not
filter advertisements or other content that children may
view through our sites or "hot-linked" sites, and they could
receive content and materials from the Internet and/or advertising
that are inappropriate for children. We encourage parents
and guardians to spend time online with their children and
to consider using an electronic filtering software.
THIS SITE AND THE MATERIALS, INFORMATION, SERVICES,
AND PRODUCTS IN THIS SITE, INCLUDING, WITHOUT LIMITATION,
TEXT, GRAPHICS, AND LINKS, ARE PROVIDED "AS IS" AND WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE
FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, FTW
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT,
FREEDOM FROM COMPUTER VIRUS, AND WARRANTIES ARISING FROM
COURSE OF DEALING OR COURSE OF PERFORMANCE. FTW DOES NOT
REPRESENT OR WARRANT THAT THE FUNCTIONS CONTAINED IN THE
SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL
BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES
THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. FTW DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS
REGARDING THE USE OF THE MATERIALS IN THIS SITE IN TERMS
OF THEIR COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE. THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU.
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LIMITATION
OF LIABILITY.
IN NO EVENT SHALL FTW BE LIABLE FOR
ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY
OR CONSEQUENTIAL, DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN
IF FTW HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE,
OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH
THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.
THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
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INDEMNIFICATION.
You agree to indemnify, defend, and
hold harmless FTW, its officers, directors, employees, agents,
licensors and suppliers (collectively the "Provider") from
and against all losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any violation
of these terms and conditions or any activity related to
your Internet account (including negligent or wrongful conduct),
by you or any other person accessing the Site using your
Internet account.
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APPLICABLE
LAWS.
Your use of this Site shall be governed
in all respects by the laws of the state of California,
U.S.A., without regard to choice of law provisions, and
not by the 1980 U.N. Convention on contracts for the international
sale of goods. You agree that jurisdiction over and venue
in any legal proceeding directly or indirectly arising out
of or relating to this Site (including but not limited to
the purchase of FTW products) shall be in the state or federal
courts located in Los Angeles County, California. Any cause
of action or claim you may have with respect to the Site
(including but not limited to the purchase of FTW products)
must be commenced within one (1) year after the claim or
cause of action arises. FTW's failure to insist upon or
enforce strict performance of any provision of these terms
and conditions shall not be construed as a waiver of any
provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of
these terms and conditions.
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GENERAL.
FTW may revise these Terms
at any time by updating this posting. You should visit this
page from time to time to review the then-current Terms
because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices
or terms located on particular pages at this Site.
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OUR
ADDRESS.
United States
From The Wilderness Publications
P.O. Box 6061-350
Sherman Oaks, California 91413
818-788-8791
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© Copyright 1998, 1999, 2000,
2001, 2002, 2003 From The Wilderness Publications. All
Rights
Reserved.
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