Wyltan, Inc. (Wyltan) provides its services to you subject to the following conditions. If you visit or shop at the
http://www.wyltan.com site or http://www.funonfoot.com site (Wyltan Sites), you accept these conditions.
Please read them carefully.
The information available on Wyltan Sites, including, without limitation, reviews, opinions, directions, guides,
graphics, photographs, logos, audio or video clips, and data (collectively "Content") may contain information
relating to a hazardous activity.
NOTICE
WYLTAN, INC. AND ITS AUTHORS ARE NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT
ALLEGEDLY RESULTS FROM USE OF THIS SITE OR OTHER WYLTAN PUBLICATIONS, INCLUDING WITHOUT
LIMITATION, USE OF ANY CONTENT ON THIS SITE OR IN WYLTAN BOOKS.
PRIVACY
Please review our Privacy Policy, which also governs your visit to Wyltan Sites, to understand our practices.
ELECTRONIC COMMUNICATIONS
When you visit Wyltan Sites or send e-mails to us, you are communicating with us electronically. You consent
to receive communications from us electronically. We will communicate with you by e-mail or by posting
notices on this site. You agree that all agreements, notices, disclosures and other communications that we
provide to you electronically satisfy any legal requirement that such communications be in writing.
SUBMISSION OF COMMENTS, IDEAS AND OTHER INFORMATION
Any comments or information that you provide to Wyltan, for example, feedback or ideas in messages
e-mailed or posted to the funonfoot message group regarding Wyltan Sites or an on-foot route, suggestions,
ideas, concepts, or other information are collectively deemed "Submissions." None of the Submissions will
be subject to any obligation of confidence on the part of Wyltan, and Wyltan will not be liable for any use or
disclosure (including publication in any medium) of any Submissions. You hereby grant Wyltan a royalty-free,
perpetual, irrevocable, world-wide license to use, copy, reproduce, create derivative works from, adapt,
modify, publish, edit, translate, sell, distribute, transmit, transfer, publicly display, publicly perform, and
display the Submissions without any limitation and in any media or any form now known or later developed.
Without limiting the foregoing, Wyltan will be entitled to unrestricted use of the Submissions for any purpose,
commercial or otherwise, without compensation to the provider of the Submissions. Further, Wyltan may
sublicense these rights to third parties.
COPYRIGHT
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital
downloads, data compilations, and software, is the property of Wyltan or its content suppliers and protected
by United States and international copyright laws. The compilation of all content on this site is the exclusive
property of Wyltan and protected by U.S. and international copyright laws. All software used on this site is the
property of Wyltan or its software or service suppliers and protected by United States and international
copyright laws.
TRADEMARKS
Fun On Foot, Wyltan, the "smily face" logo, and other marks indicated on our site are trademarks of Wyltan,
Inc., in the United States and other countries. Wyltan's trademarks and trade dress may not be used in
connection with any product or service that is not Wyltan's, in any manner that is likely to cause confusion
among customers, or in any manner that disparages or discredits Wyltan. All other trademarks not owned by
Wyltan or its subsidiaries that appear on this site are the property of their respective owners, who may or may
not be affiliated with, connected to, or sponsored by Wyltan or its subsidiaries.
LICENSE AND SITE ACCESS
Wyltan grants you a limited license to access and make personal use of this site and not to download (other
than page caching) or modify it, or any portion of it, except with express written consent of Wyltan. This
license does not include any resale or commercial use of this site or its contents; any collection and use of
any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or
copying of account information for the benefit of another merchant; or any use of data mining, robots, or
similar data gathering and extraction tools. This site or any portion of this site may not be reproduced,
duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express
written consent of Wyltan. You may not frame or utilize framing techniques to enclose any trademark, logo, or
other proprietary information (including images, text, page layout, or form) of Wyltan without express written
consent. You may not use any meta tags or any other "hidden text" utilizing Wyltan's name or trademarks
without the express written consent of Wyltan. Any unauthorized use terminates the permission or license
granted by Wyltan. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the
home page of Wyltan.com so long as the link does not portray Wyltan, its affiliates, or their products or
services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Wyltan logo
or other proprietary graphic or trademark as part of the link without express written permission.
YOUR ACCOUNT
Wyltan and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
RISK OF LOSS
All items purchased from Wyltan are made pursuant to a shipment contract. This means that the risk of loss
and title for such items pass to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
Wyltan attempts to be as accurate as possible. However, Wyltan does not warrant that product descriptions
or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered by Wyltan
itself is not as described, your sole remedy is to return it in unused condition.
INDEMNITY
You agree to defend, indemnify and hold harmless Wyltan, its officers, directors, employees, authors,
agents, licensors, and suppliers, from and against all third party claims, actions or demands, liabilities, and
settlements, including, without limitation, reasonable legal and accounting fees, arising in connection with
your use of Wyltan Sites or Wyltan Books or resulting from, or alleged to result from, your use of Wyltan Sites
od Wyltan Books or your violation of this Agreement.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY WYLTAN ON AN "AS IS" AND "AS AVAILABLE" BASIS. WYLTAN MAKES NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF
THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE.
YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WYLTAN DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR A PARTICULAR PURPOSE. WYLTAN DOES NOT WARRANT THAT THIS SITE, ITS
SERVERS, OR E-MAIL SENT FROM WYLTAN ARE FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. WYLTAN WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE
USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE
ADDITIONAL RIGHTS.
APPLICABLE LAW
By visiting Wyltan Sites, you agree that the laws of the state of Colorado, without regard to principles of
conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you
and Wyltan.
DISPUTES
Any dispute relating in any way to your visit to Wyltan Sites or to products you purchase through Wyltan shall
be submitted to confidential arbitration in Aspen, Colorado, except that, to the extent you have in any manner
violated or threatened to violate Wyltan's intellectual property rights, Wyltan may seek injunctive or other
appropriate relief in any state or federal court in the state of Colorado, and you consent to exclusive
jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules
then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be
entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law,
no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this
Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our privacy policy, posted on this site. These policies also govern
your visit to Wyltan Sites. We reserve the right to make changes to our site, policies, and these Conditions of
Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining
condition.
OUR ADDRESS
Wyltan, Inc.
700 S Monarch St Ste 203
Aspen, CO 81611
http://www.wyltan.com
| Conditions of Use |
| Wyltan, Inc. |
| © 2005-2009, Wyltan, Inc. All rights reserved. Fun on Foot is a trademark of Wyltan, Inc. Wyltan, Inc. never sells, rents, or shares customer email addresses. All financial transactions through this site secured by Yahoo! Stores. |
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