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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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top 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. Back to Top OUR ADDRESS. United States From The Wilderness Publications P.O. Box 6061-350 Sherman Oaks, California 91413 818-788-8791 Back to Top © Copyright 1998, 1999, 2000, 2001, 2002, 2003, 2004 From The Wilderness Publications. All Rights Reserved.