Terms of Service
Please read these terms of service ("terms", "terms of service") carefully before using [www.americanwildside.com] (the “Service", “website”) operated by [American Wild Side, LLC] ("us", 'we", “our").
Conditions of Use
We are pleased to welcome you to our website, which is subject to the conditions stated below. Every time you visit this website, use its services or make a purchase, you accept the following conditions. This is why we urge you to read them carefully and review them on a regular basis.
Privacy Policy
Before you continue using our website we advise you to read our privacy policy regarding our user data collection. It will help you better understand our practices.
intellectual property
Content published on this website (digital downloads, images, texts, graphics, logos) is the property of American Wild Side, LLC and/or its content creators and protected by international copyright laws. The entire compilation of the content found on this website is the exclusive property of American Wild Side, LLC, with applicable copyright and trademark authorship for this compilation by American Wild Side, LLC.
Communications
The entire communication with us is electronic. Every time you send us an email or visit our website, you are going to be communicating with us. You hereby consent to receive communications from us. If you subscribe to the news on our website, you are going to receive regular emails from us. We will continue to communicate with you by posting news and notices on our website and by sending you emails. You also agree that all notices, disclosures, agreements and other communications we provide to you electronically meet the legal requirements that such communications be in writing.
Governing Law
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.
Disputes, Arbitration, Class Action Waiver
Any dispute relating in any way to your use of the Service shall be submitted to confidential arbitration in the state of Florida, United States, and you hereby submit to the jurisdiction and proceedings thereof, except that, to the extent you have in any manner violated or threatened to violate American Wild Side, LLC’s intellectual property or proprietary rights or the intellectual property or proprietary rights of its Affiliates, or American Wild Side, LLC otherwise has a cause of action in equity, American Wild Side, LLC may seek injunctive or other appropriate relief in any court of competent jurisdiction and you consent to jurisdiction and venue in any such court for such purposes. To the fullest extent permitted by applicable law, no arbitration under these Terms shall be joined to an arbitration involving any other party subject to these Terms, whether through class arbitration proceedings or otherwise. You agree that you will not file or participate in any form of class action against American Wild Side, LLC or its Affiliates. You agree that you must assert any claims against American Wild Side, LLC or any of its Affiliates within one (1) year from the date of the applicable purchase or, if no purchase was made, from the date the claim first accrued.
License and Site Access
We grant you a limited license to access and make personal use of this website. You are not allowed to download or modify it. This may be done only with written consent from us.
Purchases
If you wish to purchase any product or service made available through the Service, you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete. The Service may employ the use of third party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties subject to our Privacy Policy. We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service. We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Contests, Sweepstakes and Promotions
Any contests, sweepstakes or other promotions (collectively, "Promotions") made available through the Service may be governed by rules that are separate from these Terms & Conditions. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy. If the rules for a Promotion conflict with these Terms and Conditions, the Promotion rules will apply.
Indemnification
You agree to defend, indemnify and hold harmless American Wild Side, LLC and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms.
Limitation Of Liability
In no event shall American Wild Side, LLC, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Disclaimer
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance. American Wild Side, LLC its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Exclusions
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
Mobile Service Providers
To facilitate your connection to mobile-enhanced versions or portions of the Service, you must possess a mobile device that is compatible with the Service and/or such versions or portions thereof. American Wild Side, LLC does not warrant that the Service or such mobile-enhanced versions or portions of the Service will be compatible with your mobile device. In addition, you acknowledge that you may be obligated to pay certain fees or charges for the use of your mobile device to access or use the Service or for your access or use of such mobile-enhanced versions or portions of the Service, including but not limited to any messaging, data or other charges by your mobile service provider. You are hereby advised to check with your mobile service provider to determine the nature and amount of any such fees and charges. Further, your mobile service provider may restrict your ability to download, install or otherwise use the Service or the mobile-enhanced versions or portions of the Service, and neither the Service nor such versions or portions of the Service may be compatible with all mobile devices or service providers.
Changes
We reserve the right, at our sole discretion, to modify or replace these Terms at any time. What constitutes a material change will be determined at our sole discretion.By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.