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Terms of Use


Please read the following Terms of Use (the "Terms") carefully before using our website, located at AdventureSportsMagazine.com (the "Site"). By using this Site, you agree to these Terms. If you do not agree to these Terms, do not use the Site. We reserve the right, at any time, to modify, alter, or update these Terms, and you agree to be bound by such modifications, alterations, or updates.

Copyright; Proprietary Materials
All creative and technical design, text, graphics, interfaces, interactive elements and the selection and arrangement thereof on the Site are copyright - 2005 Adventure Sports Magazine. ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copies of portions of the Site for the sole purpose of placing an order on the Site or using the Site as a shopping resource.

The materials used and displayed on the Site, including but not limited to all text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos and trademarks are, unless otherwise indicated, the property of Adventure Sports Magazine ("ASM"), located at PO Box 926; Grayson, Georgia 30017-1291; USA or its affiliates or licensors and are protected by copyright, trademark, and other laws.

Any use of the Site and/or the Proprietary Materials, except as expressly set forth herein, including reproduction for purposes other than those noted above, modification, distribution, dissemination, retransmission, broadcasting or republication, without prior written permission of ASM is strictly prohibited.

DISCLAIMER OF WARRANTIES
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, ASM DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. IN ADDITION, ASM DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE.

LIMITATION ON LIABILITY
IN NO EVENT SHALL ASM NOR ANY OF ITS AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL OR RECKLESS IN NATURE, REGARDLESS OF WHETHER ASM 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 THE SITE. 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. Total liability hereunder for damages, regardless of the nature of any claim or form of any action, shall not exceed the total amount that has been paid to ASM ; by such claimant.

Acceptance of an Order
The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell. ASM ; reserves the right, without prior notification, to limit the order quantity on any item and/or refuse service to any customer. Verification of information may be required prior to acceptance of an order.

Delivery
ASM strives to ensure that the products you order will arrive in good working condition. If the products you order do not meet these standards, then ASM will refund or replace your order; provided, that you comply with the return procedures set forth in this paragraph 6. To receive a refund or replacement, you must (a) call an ASM customer service representative at (678) 521-8418 immediately upon receipt of any ASM product and (b) return, at your expense, such products within twenty-four (24) hours of delivery in accordance with the customer service representative's instructions.

Linked Websites
ASM and its affiliates do not review or monitor any websites linked to the Site and are not responsible for the content of any such linked websites. Your use of such websites is at your own risk.

Governing Law
The Terms and any disputes arising out of or related to use of the Site including, without limitation, the information, services, products and materials contained therein, shall be governed by, and construed and enforced in accordance with, the laws of the State of Georgia, giving no effect to its conflicts of law principles.

Venue
You hereby submit to the exclusive jurisdiction of the federal and state courts of Georgia with respect to any dispute or controversy regarding these Terms or arising out of or related to use of the Site and you hereby submit to the personal jurisdiction in any such action.

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