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TERMS OF USE

AGREEMENT BETWEEN CUSTOMER AND WILDSEEKER

This Web site is offered to you, the customer, subject to your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web site constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NONCOMMERCIAL USE LIMITATION

This Web site is for your personal and noncommercial use. You may not alter, reproduce, distribute, transmit, exhibit, publish, license, create derivative works from, transfer, or sell any information, products or services obtained from this Web site.

COPYRIGHT AND TRADEMARK NOTICES

All contents of this Web site are Copyright © 2002 WildSeeker, 145 Prospect Park West - #4F, Brooklyn, New York, U.S.A. All rights reserved unless otherwise specified.

LIABILITY DISCLAIMER

THE INFORMATION, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. WILDSEEKER AND/OR ITS AFFILIATES MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THIS WEB SITE AT ANY TIME.

WILDSEEKER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. WILDSEEKER, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. IN NO EVENT SHALL WILDSEEKER, ITS AFFILIATES, AND/OR THEIR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO USE THIS WEB SITE, OR FOR ANY INFORMATION, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WILDSEEKER, ITS AFFILIATES OR ANY OF THEIR SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of this Web site, you warrant that you will not use this Web site for any purpose that is unlawful or prohibited by these terms, conditions, and notices.

LINKS TO THIRD-PARTY SITES

This Web site may contain hyperlinks to Web sites operated by parties other than WildSeeker. Such hyperlinks are provided for your reference only. WildSeeker does not control such Web sites and is not responsible for their contents. WildSeeker's inclusion of hyperlinks to such Web sites does not imply any endorsement of the material on such Web sites or any association with their operators.

USE OF EMAIL COMMUNICATIONS FACILITIES

If this Web site contains bulletin email communication facilities, you agree to use such facilities only to send and receive messages and material that are proper and related to the content of this Web site. By way of example, and not as a limitation, you agree that when using email communications facilities within this Web site, you shall not do any of the following:
  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, distribute, or disseminate any defamatory, infringing, obscene, indecent, or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Delete any author attributions, legal notices, or proprietary designations or labels in any file that is uploaded.
  • Falsify the origin or source of software or other material contained in a file that is uploaded.
  • Advertise or offer to sell any goods or services or conduct or forward surveys, contests, or chain letters.
  • Download any file that you know, or reasonably should know, cannot be legally distributed in such a manner.
You acknowledge email communications by other users are not endorsed by WildSeeker or its affiliates, and such communications shall not be considered reviewed, screened, or approved by WildSeeker or its affiliates. WildSeeker reserves the right to deny in its sole discretion any user access to this Web site or any portion thereof without notice.

MODIFICATION OF THESE TERMS AND CONDITIONS

WildSeeker reserves the right to change the terms, conditions, and notices under which this Web site is offered.

GENERAL

This agreement is governed by the laws of the State of New York, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Kings County, New York, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and WildSeeker as a result of this agreement or use of this Web site.

WildSeeker's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of WildSeeker's right to comply with law enforcement requests or requirements relating to your use of this Web site or information provided to or gathered by WildSeeker with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the customer and WildSeeker with respect to this Web site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the customer and WildSeeker, with respect to this Web site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Fictitious names of companies, products, people, characters, and/or data mentioned herein are not intended to represent any real individual, company, product, or event.

Any rights not expressly granted herein are reserved.

USE OF WILDSEEKER OUTFITTER SEARCH FEATURE

The Outfitter Search feature of this Web site is provided solely to assist customers in determining the existence of outfitters and assist in contacting such outfitters, and for no other purposes. You warrant that all information supplied by you or members of your household in using this Web site is true and accurate.

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services from outfitters that you select. You agree to abide by the terms or conditions of purchase imposed by any outfitter, supplier or affiliate with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with all rules and restrictions regarding availability of fares, products, or services. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this Web site.

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