Terms of Use

By accessing and/or using the websites owned, operated and/or maintained by Big Tree Publishing, LLC or Tree Climbers International®, Inc. (the "TCI Sites") or by otherwise accessing any content found on the TCI Sites, you are expressly agreeing to comply with and be bound by the following Terms of Use, as well as all applicable laws and regulations. Please read through these Terms of Use carefully.

If you do not agree with these terms of use, you are not authorized to use the TCI sites and must not access or use them. TCI may revise and update these Terms of Use at any time with or without notice. As such, please periodically review these Terms of Use, because your continued usage of the TCI Sites indi­cates your agreement with any such changes. You further understand and agree that any updates, enhance­ments or added features of the TCI Sites or services shall be made part of these Terms of Use. In addition, certain portions of the TCI Sites may be subject to registration fees and/or may be subject to addi­tional terms of use. You are responsible for review­ing all such information and promptly paying the required fees to insure your right to access the associated TCI Sites and/or services.

Intellectual Property Protection

Ownership.   All content included on the TCI Sites, such as text, graphics, logos, button icons, images, audio clips and software, as well as the compilation of any of the foregoing (meaning the collec­tion, arrangement and assembly), are the property of TCI or its content suppliers (hereinafter collectively referred to as the "TCI Content") and are protected by United States and international copyright laws. You acknowledge and agree that TCI Content contained herein or information presented to you through the TCI Sites is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by TCI, you agree not to use, reproduce, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the TCI Sites, services, products or software, in whole or in part.

Permitted Use. The TCI Content may be used as an information, entertainment, registration and/or shopping resource. In addition, TCI hereby authorizes you to view, download, and print (but not photo­copy) the TCI Content for personal use only. You may not do any of the following without prior written permission from TCI: (i) reproduce, store, or transmit to any other website, newsgroup, mailing list, elec­tronic bulletin board, server or other storage device connected to a network or regularly or systematically store in electronic or print form, all or any part of the TCI Content, (ii) modify, publish, transmit, partici­pate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, or in any way exploit all or any part of the TCI Content (including use as part of any library, archive or similar service), and (iii) remove the copyright, trademark, and other proprietary notices.

Any use of the TCI Content not specifically permitted above is expressly prohibited.

Requests for permission for other uses may be sent to TCI, PO Box 5588, Atlanta, GA 31107, Attention: General Counsel.

Links; Third-Party Transactions

As a convenience, we may provide links to third-party websites to obtain information or purchase products or services. The linked sites are not under our control, and we make no warranties or representa­tions as to the quality, suitability, functionality, or legality of any sites to which we may provide links. You hereby waive any claim you might have against TCI with respect to such sites.

Registration, Password and Responsibilities

You are responsible for maintaining the confidentiality of your user name and password (your "registra­tion"). You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TCI if you become aware of any loss, theft, or unauthorized use of your registra­tion. You will provide TCI with true, accurate, current and complete registration information and maintain and promptly update your registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or TCI has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, TCI has the right to immediately suspend or terminate your account and refuse any and all current or future use of TCI Sites or related products or services (or any portion thereof). For the purpose of confirming your compliance with these Terms of Use, TCI reserves the right to monitor and record activity on the TCI Sites, including access to the TCI Content.

Each registration is for a single user only. You may not share your registration with any other person.   If you share your registration, TCI may cancel or suspend your access to the TCI Sites without further obliga­tion to you.

Privacy Policy

The information that you provide about yourself to TCI will only be used in accordance with TCI's Privacy Policy Statement ("Privacy Policy") located at http://treeclimbing.com/index.php?option=com_content&task=view&id=12&Itemid=26. Through your use of the TCI Sites and related services, you consent to the collection and use (as set forth in the Privacy Policy) of certain information about you.

Return Policy
You can return new, unopened items within 2 weeks after they have been delivered to you to exchange your product. Items should be returned in their original packaging. Customer is responsible for shipping fees. No refunds.

Return Policy for online courses
A full refund will be issued if notification of cancellation is received within two weeks of purchase, course forms have not been signed, and the DVD is returned in its original packaging to TCI within one month.
 
Shipping Policy
We ship orders as soon as we receive them, unless otherwise notified.
 

User Submissions, Community Forums, and Content

The TCI Sites include bulletin boards, discussion groups and other areas that allow for interaction between members of the tree climbing community ("Forums").

You understand that all information (including your registration), data, text, software, music, sound, photo­graphs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not TCI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the TCI Sites. TCI does not control the Content posted via the TCI Sites and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the TCI Sites, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will TCI be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the TCI Sites. You further under­stand that the internet has no geographical boundaries, and you therefore agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

TCI does not claim ownership of any Content submitted and/or posted by you on any TCI Sites. How­ever, by submitting and/or posting any Content to the TCI Sites, you grant TCI a royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such Content. You also permit any subscriber to access, display, view, store and reproduce such Content for personal use.

In consideration of being allowed to use the TCI Sites, you agree not to:

  1. impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or staff member of TCI or other members of the tree climbing community.
  2. use an inappropriate member name of any kind.
  3. target or harm minors in any way.
  4. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the TCI Sites.
  5. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employ­ment relationships or under nondisclosure agreements).
  6. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party.
  7. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertis­ing, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose.
  8. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  9. restrict or inhibit any other user from using the Website or further disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the TCI Sites are able to type, or other­wise act in a manner that negatively affects other users' ability to engage in real time exchanges.
  10. interfere with or disrupt the TCI Sites or servers or networks connected to the TCI Sites, or disobey any requirements, procedures, policies or regulations of networks connected to the TCI Sites.
  11. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, with­out limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law.
  12. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to the Immigration and National­ity Act.
  13. upload, post, email, transmit or otherwise make available any Content that is unlawful, harm­ful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable.
  14. "stalk" or otherwise harass another; and/or
  15. collect or store personal data about other users in connection with the prohibited conduct and activi­ties set forth in paragraphs above.

The foregoing actions shall constitute a material breach of these Terms of Use. TCI reserves the right to delete from the TCI Sites any Content, postings or member names that violate the above terms and will cooperate fully with any law enforcement officials and/or agencies in the investigation of any violator or violators, up to and including complete and immediate termination of your registration and/or accounts with TCI. You acknowledge that TCI may or may not pre-screen Content, but that TCI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the TCI Sites. Without limiting the foregoing, TCI and its designees shall have the right to remove any Content that violates these Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge, consent and agree that TCI may access, preserve and disclose your account infor­mation and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Use; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of TCI, its users and the public.

You understand that the technical processing and transmission of the TCI Sites, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

You understand that the TCI Sites and software embodied within the TCI Sites may include security components that permit digital materials to be protected, and that use of these materials is subject to usage rules set by TCI and/or content providers who provide content to the TCI Sites. You may not attempt to override or circumvent any of the usage rules embedded into the TCI Sites. Any unauthorized reproduc­tion, publication, further distribution or public exhibition of the materials provided on the TCI Sites, in whole or in part, is strictly prohibited.

Should you choose to submit any ideas, suggestions, documents, and/or proposals (“Submissions”) to TCI through any of its media, you acknowledge and agree that: (i) your Submissions do not contain confiden­tial or proprietary information; (ii) TCI is not under any obligation of confidentiality, express or implied, with respect to the Submissions; (iii) TCI shall be entitled to use or disclose (or choose not to use or disclose) such Submissions for any purpose, in any way, in any media worldwide; (iv) TCI may have some­thing similar to the Submissions already under consideration or in development; (v) your Submis­sions shall automatically become the property of TCI without any obligation of TCI to you; and (vi) you are not entitled to any compensation or reimbursement of any kind from TCI under any circumstances.

Disclaimer of Warranties

You expressly agree that use of TCI sites is at your sole risk. TCI Sites are provided on an “as is” and “as available” basis. TCI and its affiliates, directors, officers, employees, agents, partners, and licensors expressly disclaim all warranties of any kind, express or implied, including without limitation, any warranty of merchantability, fitness for a particular purpose or non-infringement other than those warranties that are implied by and incapable of exclusion, restriction or modification under the laws applicable to this agreement.

TCI makes no warranty that the TCI sites’ services will be uninterrupted, secure or error free. TCI does not guarantee the accuracy or completeness of any information in, or provided in connection with, the TCI sites. TCI is not responsible for any errors or omissions, or for the results obtained from the use of such information. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the TCI sites is at your own discretion and risk and that you will be solely responsible for any damage to your own computer system or loss of data that results from the download of such material and/or data.

Limitation of Liability

TCI, its affiliates, directors, officers, employees, contractors, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if TCI has been advised of the possibility of such damages), resulting from: (a) the use or the inability to use the TCI sites, products or services; (b) the cost of procurement of substitute goods and services resulting from any goods, data, information or services purchased or obtained or messages received or transactions entered into through or from the TCI sites; (c) use by you of any program or any other product purchased through TCI; (d) your participation in any promotion or program coordinated by TCI; (e) personal injury not caused by TCI’s gross negligence; (f) unauthorized access to or alteration of your transmissions or data; (g) statements or conduct of any third party on the TCI sites; or (h) any other matter relating to the TCI sites, or TCI products or services. You agree that TCI’s maximum liability to you, for any reason or cause whatsoever, shall not exceed the total amount of monies received by TCI from you.

Indemnification

You agree to defend, indemnify and hold harmless TCI, and each of its affiliates, directors, officers, agents, partners, contractors, licensors, licensees and employees from any claim, demand, loss, liability or expense (including reasonable attorneys' fees), relating to or arising out of: your use of TCI’s services; the TCI Sites; any other websites accessed from or affiliated with the TCI Sites; any products or services purchased off of the TCI Sites or websites available from or related to the TCI Sites; the use by you of any educational programs purchased through TCI; your violation of these Terms of Use; Content you submit, post, transmit or otherwise make available through the TCI Sites; or any other infringement committed by you, or any other subscriber of your account, of any intellectual property or other right of any person or entity.

Force Majeure

TCI, its affiliates and its information providers will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of the TCI Content resulting directly or indirectly from any cause or circumstance beyond its or their reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labor problems, wars, or governmental restrictions.

Assignment of Agreement

This agreement is personal to you and your rights and obligations under these Terms of Use may not be assigned, sub-licensed or otherwise transferred. TCI may assign its rights and obligations under these Terms of Use and upon such assignment, TCI may be relieved of any further obligation hereunder.

Non-Waiver

The failure of TCI to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

Notices

Notices to TCI must be given in writing by certified letter and sent to TCI’s last known place of business in Atlanta, Georgia (for the attention of the General Counsel).

Severability

If any provision of these Terms of Use is invalid or unenforceable, such will not render all the Terms of Use unenforceable or invalid, but rather the Terms of Use will be read and construed as if the invalid or unenforceable provision(s) are not contained therein.

Headings

Headings in these Terms of Use are for convenience only and have no legal meaning or effect.

Governing Law and Jurisdiction

The construction, validity, enforcement, and interpretation of these Terms of Use shall be governed by the laws of the United States of America, State of Georgia, without application of its conflict of law principles. The Parties agree that any legal action relating to this Agreement shall be commenced and maintained exclusively before any appropriate court of record in Fulton County, Georgia or in the United States District Court for the Northern District of Georgia. Further, the Parties hereby irrevocably submit to the jurisdiction and venue of such courts (and of the appropriate appellate courts) and waive any right to challenge or otherwise object to personal jurisdiction or venue in any action commenced or maintained in such courts.

Term and Termination

TCI reserves the right, in its sole discretion, to immediately and without any prior notice terminate or suspend: (i) these Terms of Use or (ii) your access to all or part of the TCI Sites (including any right to access and use the TCI Content). TCI shall not be required to refund, redeem or pay any credits, pre-paid fees, and any other amounts collected by TCI as part of your use and registration on the TCI Sites, and you shall remain liable to TCI for any charges, fees, commitments, and obligations incurred by you prior to such termination. All records, information, messages, content, and other information related to your registration may be deleted by TCI in its sole discretion without any notice or liability to you. TCI shall not be liable to you or any third party for any termination of your account or access to the TCI Sites.

The rights of termination are in addition to all other rights or remedies of TCI provided in these Terms of Use or by law.

Contact

 

Please report any violations of these Terms of Use by contacting Tree Climbers International, Inc., PO Box 5588, Atlanta, GA 31107-5588.

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