THE BELOW INFORMATION SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO YOUR USE OF THIS WEBSITE AND YOUR PURCHASE FROM NORTHERN WILDERNESS JOURNEY LLC. PLEASE REVIEW THE FOLLOWING IN ITS ENTIRETY. YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, PRODUCTS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION.
1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall apply to your use of this website and the purchase of products and related services through https://northernwildernessjourney.com/ (the "Site"). These Terms are subject to change at any time without prior written notice by Northern Wilderness Journey LLC (“Company,” “we,” “us,” or “our”). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
2. User Profiles and Online Orders. You will be prompted to set-up a customer account where you will be able to access your purchases. You must make an account (cannot check out as guests), as this is how we will deliver and access the ordered products in digital format to you. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. We reserve the right to accept or reject any order in our own discretion. We will only accept or reject an order in its entirety. Should we elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding, we reserve the right to cancel any order once accepted by us (as evidenced by a confirming email) at any time in our sole discretion. Additionally, you have the option of cancelling your order (in its entirety only) at any time prior to our having sent to you the confirming email referenced herein.
3. Payment Terms. All applicable prices are set forth alongside the products and services offered on the Site. Such prices are subject to change at any time by us in our sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any sales, use, excise, and related taxes. Except as to offline provided services and products, payment may only be made via the authorized payment gateway (see Section 4, below), as shown on the Site. By using any such payment gateway, you are representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
4. Payment Processing. All on-line purchases made through the Website are processed through the designated payment gateway, as a third-party payment processor (the "Processor") and are subject to the Processor’s terms of use. Northernwildernessjourney.com is not liable or responsible for any errors or omissions, breaches of security, or other failures on the part of the Processor. Financial and Contact data input to consummate a transaction is encrypted using SSL technology and sent to the third-party payment processor. No credit card information is retained by Northernwildernessjourney.com. Only the third-party payment processor has access to credit card numbers. Northernwildernessjourney.com does not have access, nor does it retain credit card numbers or other related information. Data handled by the third-party payment processor is subject to their terms and privacy policy, which is available on request. Purchases for off-line services and products shall be invoiced by Northernwildernessjourney.com Such invoices shall be payable upon receipt.
5. Products and Delivery by Digital Downloads. All products, as specified, are either digital downloads of on-line courses that will be available in the customer’s profile upon successful payment, or tangible products that are shipped to you upon purchase. The products available for download include the Prepared Hiker System which covers the topics of: how to plan a trip, what to pack, how to navigate, understanding the weather, general trail skills (like how to purify water, hiking techniques, hiking ethics, how to use and sharpen a knife), how to build a fire, basic knots, how to build a tarp shelter, leadership, understanding risk, decision making, & contingency planning (including what to do when lost, searching for a lost group member, how to plan an evacuation for an injured group member & how to spend an unexpected night in the woods.) (collectively the “Licensed Materials”).
6. Return Policy. Because of copyright laws and the possibilities of making illegal copies of the purchased product you received, our products may not be returned for credit or refund under any circumstances once the order has been processed. Please double check your selection before ordering.
8. License Agreement. You acknowledge and agree that all uses on the Site and in these Terms of the words "sell," “buy,” "sale," "resale," "purchase," and the like refer to the purchase or sale of a license only. As such, all products and services provided hereunder are offered solely for license, and not actually for sale to you or any third party. Your use, therefore, shall be subject at all times to the terms of the license as set forth in this Section 8 (including without limitation those terms that pertain to use restrictions, copying, distribution, sublicensing, and modifications). Additionally, you understand and acknowledge that the Company (and/or its third-party licensor(s), as applicable) will remain the sole and exclusive owner(s) of all intellectual property rights incorporated in any such products or services (and any related documentation, instructions, or other materials provided therewith), subject to your limited license to exploit the products or services pursuant to the terms hereof and this license. All products are watermarked/copyrighted protected. For clarification, you will not acquire ownership rights in and to the intellectual property rights incorporated in any purchased products or services.
(a) The Company grants to the Customer a non-exclusive single-use license to use the purchased Licensed Materials exclusively for use by the Customer, provided that the Customer substantially performs its obligations under this Agreement, including prompt payment of all sums due pursuant to Section 3. This license does not allow Customer to use the Licensed Materials to compete with or otherwise impair the Company’s business. Except for the sole personal use of the Customer, this license does not allow the Customer or Customer’s Agents to market, sell, modify, copy, distribute, display, or manufacture the Licensed Materials to third parties or to use for the benefit of third parties.
(b) Customer acknowledges that this License cannot be transferred or assigned to any other party. Customer further acknowledges that Customer cannot sell the Licensed Materials. Any subsequent sale of the Licensed Materials is a violation of this License Agreement and U.S. Copyright Law.
(c) The Customer, to the extent permitted by law, further agrees to indemnify and hold harmless the Company and its consultants from all costs and expenses, including the cost of defense, related to claims and causes of action asserted by any third person or entity to the extent such costs and expenses arise from the Customer’s use of the Licensed Materials under this Agreement.
(d) Except for the license granted in this Section 8, no other license or right shall be deemed granted or implied under this Agreement. The Customer shall not assign, delegate, sublicense, pledge or otherwise transfer any license granted herein to another party without the prior written agreement of the Company. Any unauthorized use of the Licensed Materials by Customer is strictly prohibited.
9. Representations & Warranties (R&Ws); Disclaimers; Limitations on Liability; Release and Waiver of Liability.
(a) Buyer’s R&Ws. You represent and warrant to us as follows: (i) that you have the right to enter into any transaction contemplated for hereby without violating these Terms, any applicable law, rule, or regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the products and services provided hereunder exactly as authorized and never in any way that would violate any applicable law or the Company’s or third party right of any kind; and (iii) that you are buying products or services from the Site for solely your own use, and not for resale or export.
(b) Limited Warranty and Company’s Disclaimers. Subject to applicable law, The information, contained in THE PRODUCTS are provided "AS IS" without warranty, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement whether express or implied by law, course of dealing, course of performance, usage or trade, or otherwise. THE COMPANY assumes no responsibility for errors or omissions in these pages or other documents which are referenced by or linked to these web pages. THE PRODUCTS could include technical or other inaccuracies or typographical errors. THE COMPANY assumes no liability for errors or omissions in THE PRODUCTS and reserves the right to make changes at any time.
(c) Liability Cap. UNDER NO CIRCUMSTANCES WILL THE COMPANY’S OBLIGATION OR LIABILITY UNDER THIS AGREEMENT EXCEED THE PURCHASE PRICE YOU PAID FOR THE COMPANY PRODUCTS AND SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL THE COMPANY BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
(d) Release and Waiver of Liability. With your purchase of on-line courses through this website you agree to the Release and Waiver of Liability.
10. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express, or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
11. Force Majeure. The Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, pandemic, epidemic, terrorism, and/or delivery, vendor, supplier, or other third-party delays, non-performance, or failures of any kind.
12. Assignment. The Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
13. Partial Invalidity. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
14. Governing Law; Venue; Actions.
(a) Governing Law. These Terms shall be governed by the laws of the State of New Hampshire without regard to its conflict of laws principles.
(b) Dispute Resolution. If there is any dispute about or involving the website or the Terms of Sale, you agree that any dispute shall be governed by the laws of the State of New Hampshire without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts located in New Hampshire.
(c) YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY PRODUCTS OR SERVICES PROVIDED BY THE SITE, OR THE TERMS OF SALE MUST BE FILED BY YOU WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
15. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
16. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) email to [[email protected]]; or (ii) personal delivery, overnight courier, or registered or certified mail to P.O. Box 25, Durham, New Hampshire 03824, USA.
17. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site (including without limitation any license agreement), any terms and conditions that may be provided in connection with any promotion or other sale, and our Site’s ‘Copyright Policy’ ‘Privacy Policy,’ ‘Website Accessibility Policy,’ and ‘Release and Waiver of Liability Agreement’ shall, collectively, be deemed a final and integrated agreement between you and us with respect to the subject matter hereof.
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