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Terms of Service

Terms of Services and End User License Agreement

These Terms of Service (which we call the “Terms”) form a legally binding contract between you and Winterwolf Enterprises DBA Wanderer’s Handbook, the owner(s) of WanderersHandbook.com (URL) (“Wanderer’s Handbook”, “we”, “our”, “us”). By signing up to use an account through our websites or by using our websites, online or mobile applications, workshops, seminars, courses, classes, e-books, audiobooks, videos, audio files, libraries, forums, groups, and other products and services (collectively, our “Services”), you agree that you have read, understood, and accept all the terms and conditions herein, as well as our Privacy Policy.

ARBITRATION NOTICE: Please be advised that these Terms contain an arbitration clause. You and Wanderer’s Handbook agree that any dispute between us will be resolved by mandatory binding arbitration and you and Wanderer’s Handbook waive any right to participate in a class action lawsuit or class wide arbitration.

  1. Who Can Use Our Services

By using the Services, you state that: (i) you are at least 18 years old; (ii) you can form a binding contract with Wanderer’s Handbook as provided herein; and (iii) you are not a person who is barred from receiving our Services under the laws of the United States or any other applicable jurisdiction –i.e., you do not appear on the U.S. Treasury Department’s list of Specially Designated Nationals or face any other similar prohibition; and (iv) you will comply with and agree to all of these Terms and all applicable local, state, national, and international laws, rules and regulations. If you are using our Services on behalf of a business or some other entity, you state that you are authorized to grant all powers and interests set forth in these Terms and to agree to these Terms on behalf of the business or entity.

  1. Use of Our Services

We reserve the right to restrict and/or ban any individual, organization or entity at any time from using the Services in any way and the right to make any and all decisions in relation to any use, function or issue related to the Services, including, without limitation, not allowing for any refunds, returns and/or exchanges for purchases, products and/or services acquired or received from the Services, and suspending or barring a user at any time without any notice and without any further obligation regarding the use, access, credit and/or payment for the Services. Further, by using the Services, you agree that for any and all materials, notes, comments, works, writings, answers, worksheets, property and/or content you submit, share and/or upload via/to the Services or Sites (“Materials”) (i.e., course materials, webinars, forums, groups, chat rooms, etc..), such Materials do not infringe on the rights of any third parties, including, without limitation, copyright, trademark, privacy, and etc.., and that you have the right to submit, share and/or upload such Material. Additionally, you grant us the perpetual, irrevocable, non-exclusive license right to all such Materials for any purpose, including, without limitation, hosting and/or publishing via the Services. Further, you understand that for any Materials you submit, share and/or upload via/to the Services or Sites, you are waiving your right of privacy in relation thereto – in the event that you wish to limit certain instances, please speak to us beforehand, no exceptions.

For any advice, materials, notes, comments, works, writings, property and/or content that we distribute, publish, share and/or make available to you via the Services (“Company Material”), you agree that all such Company Material are being provided without any warranty, representation and/or guarantee of any kind and that you are using, referencing and/or receiving such information “as is” with no representation that such information and/or Company Material is truthfully accurate or scientifically or medically proven in any way. We are not doctors, psychologists nor certified health, science or medical professionals, and cannot be made liable to any degree for any advice, information or Company Material related to the Services. For avoidance of doubt, this includes our teachers, instructors, volunteers, guest lecturers, employees, representatives and affiliates as well as you agree that they shall not be made liable in any way as well. Further, by using the Services, you agree that you shall not infringe the copyright or trademark of the Services, Company Material and Wanderer’s Handbook in any way and that if requested, you shall return and provide all such information and Company Material back to us.

  1. Wanderer’s Handbook Account

3.1 Registration of Wanderer’s Handbook Account. In order to use any of our Services, you must first complete any requested registration info, like providing your name, an e-mail address, password, and other relevant or pertinent information in relation thereto and affirm your acceptance of this Agreement. We may, in our sole discretion, refuse to allow you to establish a Wanderer’s Handbook Account, or limit the number of features or services that are made accessible to you at any time without notice.

3.2 Identity Verification. In order to use certain features of the Wanderer’s Handbook Services, you may be required to provide Wanderer’s Handbook with certain personal information, including, but not limited to, your name, address, telephone number, e-mail address, date of birth, payment information, government identification, and information regarding your bank account (e.g., financial institution, account type, routing number, and account number), if necessary for any option you make to link bank accounts for payment reasons. In submitting this or any other personal information as may be required, you verify that the information is accurate and authentic, and you agree to update Wanderer’s Handbook if any information changes. You hereby authorize Wanderer’s Handbook to, directly or through third parties make any inquiries we consider necessary to verify your identity and/or protect against fraud, including to query identity information contained in public reports (e.g., your name, address, past addresses, or date of birth), to query account information associated with your linked bank account (e.g., name or account balance), and to take action we reasonably deem necessary based on the results of such inquiries and reports. You further authorize any and all third parties to which such inquiries or requests may be directed to fully respond to such inquiries or requests. This includes authorizing your wireless operator (AT&T, Sprint, T-Mobile, US Cellular, Verizon, or any other branded wireless operator) to use your mobile number, name, address, email, network status, customer type, customer role, billing type, mobile device identifiers (IMSI and IMEI) and other subscriber status details, if available, solely to allow verification of your identity and to compare information you have provided to Wanderer’s Handbook with your wireless operator account profile information for the duration of the business relationship. See our Privacy Policy to learn more about how we treat your data.

3.3 Data Collection. In order to use any of our Services and/or the Wanderer’s Handbook Site or Wanderer’s Handbook App, you agree to allow us to monitor, track and/or record your account activity with Wanderer’s Handbook, including, without limitation, interaction and engagement, account history, viewing history, purchase history, payment card /account information, refund/exchange history and other transactions related to your account and/or use of Wanderer’s Handbook services and/or sites.

3.4 Advertisements and Third Party Messages. By using our Services and/or the Wanderer’s Handbook Site or Wanderer’s Handbook App, you agree to allow “push ads” be sent to your applicable phone and/or device based on certain preferences and information provided in your Wanderer’s Handbook Account, profile and/or registration, if Wanderer’s Handbook decides to take such action. For further details regarding what information we use and we use or share such information, please review our Privacy Policy.

You are responsible for any activity that occurs in your Wanderer’s Handbook Account. Please select a strong password that you don’t use for any other account. By using our Services, you agree that, in addition to exercising common sense: you will not create more than one account for yourself; you will not create another account if we have already disabled your account, unless you have our written permission to do so; you will not buy, sell, rent or lease access to your Wanderer’s Handbook account without our written permission; you will not share your password; you will not log in or attempt to access our Services through unauthorized third-party applications or clients. If you think that someone has gained access to your account, please immediately reach out to Wanderer’s Handbook Support.

  1. User Levels

4.1 Members/Students – “Wanderers”, “Explorers”

a.  In addition to agreeing to all terms of this Agreement, where applicable and/or relevant (i.e., confidentiality, submission of Content, our rights, warranties, etc..),, each member/student agrees to this section entirely as well.

b. Rules

i. Each member/student understands and agrees that Wanderer’s Handbook, its instructors, lecturers, volunteers and/or other associated third parties make no claim, representation, warranty and/or guarantee as to the truthfulness, accuracy, and/or scientific, health or medical benefits, effects and/or studies as to any Content or information provided via the Services or by Wanderer’s Handbook and that each member/student is receiving and/or being provided such Content or information “as is” and that Wanderer’s Handbook shall not be made liable in any way whatsoever, including, without limitation, for any guarantee of success, improvement, results, lack of results and/or physical, emotional, mental and spiritual challenges and difficulties of any kind and to any degree.

ii. Each member/student agrees to be respectful in all forums, groups, courses, workshops, events, and areas of discourse and/or conversation concerning or relating to use of the Services and agrees to be respectful of all individuals the member/student may interact with when using the Services.

iii. Each member/student agrees that when they share and/or submit material or content of any kind to Wanderer’s Handbook or in relation to use of the Services, such material and/or content shall be granted for use to Wanderer’s Handbook under a perpetual, irrevocable, non-exclusive free license for any purpose, as may be stated and set forth more in detail in the other terms of this Agreement.

iv. Each member/student agrees that a completion of any course, class, workshop, program or seminar herein may not be recognized or honored by or at other institutions and organizations, and that any and all completions and certificates provided thereto have no other value besides being written confirmation by Wanderer’s Handbook that you have successfully completed a particular course, class, workshop, program or seminar or that you are being awarded for something of recognition by Wanderer’s Handbook.

v. Each member/student agrees to abide by all rules, policies and payment terms communicated and/or published by Wanderer’s Handbook, with no exceptions. Further, each member/student agrees that any such rules, policies and payment terms may be changed at any time without further notice and that it is the member/student’s responsibility to be informed of such changes.

vi.Each member/student agrees that Wanderer’s Handbook may change information or the elements of a course, class, workshop, program, seminar or offering at any time without any prior notice and that all such payments made in relation thereto by members/students are still non-refundable and non-returnable, including, without limitation, instances where different moderators and/or guest instructors may be used and/or substitute for a class or offering, without prior advance notice.

c. Membership Levels

i. Free: Students/Members have access to free level courses and free level public forums, with the ability to comment on posts. However, students/members at this level may not participate in groups, nor be able to have access to any course interaction, or discounts on products or courses beyond already communicated site-wide sales.

ii: Explorer’s Membership: Students/Members have access to “Free” level courses, along with Explorer membership level courses as well, while being allowed to participate in public forums, course forums and groups and to have access to pre-recorded webinars and teleconferences. However, students at this level may not participate in the webinars and teleconferences, although they can submit questions to be discussed in such webinars and teleconferences with the understanding that there is no guarantee such questions will be addressed and/or discussed in any way. Students/members at this level will be provided a 5% discount perk to all courses, products and services offered sitewide.

iii: Wanderer’s Membership: Students/Members have access to “Free” level, “Explorer” level courses, along with Wanderers membership level courses as well, while being allowed to participate in all forums and groups without the restrictions enforced in other membership levels. Additionally, while being granted access to participate in standard monthly membership webinars and teleconferences (members of this level can submit questions to be discussed in such webinars and teleconferences with the understanding that there is no guarantee such questions will be addressed and/or discussed in any way), the students/members at this level will be provided a 10% discount perk to all courses, products and services offered sitewide.

Such Membership Levels, perks, benefits and/or restrictions may be changed at any time without further notice.

4.2 Volunteers.

a. In addition to agreeing to all terms of this Agreement, where applicable and/or relevant (i.e., confidentiality, submission of Content, our rights, warranties, etc..), each volunteer agrees to this section entirely as well.

b. Rules

i. Volunteers will be provided a free Wanderer’s level membership at Wanderer’s Handbook for the duration of the volunteers’ service and time commitment with Wanderer’s Handbook, in addition to other special bonuses and privileges, in our sole discretion.

ii. Volunteers agree to complete and/or satisfy any training or volunteer requirements as communicated by us to you at any time.

iii. Volunteers agree that when they share and/or submit material or content of any kind to Wanderer’s Handbook or in relation to use of the Services, such material and/or content shall be granted for use to Wanderer’s Handbook under a perpetual, irrevocable, non-exclusive free license for any purpose, as stated and set forth more in detail in the other terms of this Agreement.

iii. Volunteers agree to keep confidential any information and/or Content that it is a recipient of, concerning another user of Wanderer’s Handbook, Wanderer’s Handbook or any party in relation therewith.

iv. Volunteers agree to not to use, exploit or infringe upon our rights of any kind, including, without limitation, copyright in our Company Material, Services and other materials and information provided therewith.

v. Volunteers agree that we reserve the right to end relationships with any volunteers at any time without further notice for any reason whatsoever.

vii. Volunteers agree that they do not have the right to speak or act on behalf of Wanderers Handbook in any way without Wanderers Handbook’s prior written approval in each and every instance.

viii. Volunteers agree that they are not paid and shall not receive any compensation for their work hereunder or in association with Wanderer’s Handbook, while waiving any and all claims and rights related thereto.

ix. Volunteers may apply to join Wanderer’s Handbook Affiliate Program to receive pre-negotiated commissions based on purchases made through assigned affiliate links. To apply, please send an email to: [email protected] and tell us why you wish to become an affiliate. You will then go through an interview process. All volunteers who wish to become affiliates must agree to our Terms of Service as well as our Affiliate Agreement located here:

Affiliate TOS Agreement

c. Conduct

i. Volunteers may interact with students at their discretion, but it must be in line with each appropriate membership level benefits and guidelines.

ii. Volunteers must never try to influence students to leave Wanderer’s Handbook in any way, be it even by pitching other websites and/or materials. Volunteers may only advertise products, services and materials provided by Wanderer’s Handbook, and no other competitor, except that for any event in which Wanderer’s Handbook is involved, such may be allowed so long as written permission is provided by Wanderer’s Handbook in advance.

iii. Volunteers understand and agree that they may be asked to moderate group chats when requested and/or necessary and volunteers agree to be responsible for such, but in no way, will volunteers or Wanderer’s Handbook be held liable by any user or third party in any way in relation thereto.

iv. Volunteers must submit blogs to Wanderer’s Handbook for its approval if they want to write blogs. All requested revisions must be incorporated and implemented accordingly.

 

4.3 Instructors

a. In addition to agreeing to all terms of this Agreement, where applicable and/or relevant (i.e., confidentiality, submission of Content, our rights, warranties, etc..), each instructor agrees to this section entirely as well.

b. Rules

i. General

  1. Instructors agree that when they share and/or submit material or content of any kind to Wanderer’s Handbook or in relation to courses and/or use of the Services, such material and/or content shall be granted for use to Wanderer’s Handbook under a perpetual, irrevocable, non-exclusive free license for any purpose, as stated and set forth more in detail in the other terms of this Agreement.
  2. Instructors signing up to teach through Wanderer’s Handbook’s Sites, will be required to create and create three (3) courses for the Sites (course membership placement shall be determined by Wanderer’s Handbook), for which instructors shall receive no monetary compensation and one webinar or teleconference for which instructors shall receive no monetary compensation, but instead, an opportunity to establish the instructors as authorities in their fields, by building their reputations as instructors in the Wanderer’s Handbook community and users, while teaching these provided courses. All instructors understand and agree that once a course joins and becomes a part of the Wanderer’s Handbook Free, Explorer’s, or Wanderer’s membership levels, it may not be withdrawn at any time and that it shall then belong to us, fully and wholly, free and clear, either as work made for hire and/or a full conveyance and transfer of all ownership rights and interests instructors may have in relation thereto. Wanderer’s Handbook shall have exclusive rights to these courses for one year, then after the one year period is complete, Wanderer’s Handbook shall retain the non-exclusive rights.
  3. After teaching and providing the three (3) prerequisite courses as described above, instructors will then have the options:
    • (a) to create, teach and provide other additional courses for sale in a Dedicated Online Store, in our discretion where users will be able to purchase courses, as provided by the instructors, and instructors will receive a profit share consisting of a 50/50 split of all net proceeds with us (If there is more than one instructor for a particular course, we shall be entitled to receive our 50/50 split, and the instructors shall be responsible for sharing and allocating the remaining 50% amongst themselves accordingly); or
    • (b) to continue providing additional courses for the Sites’ paid membership levels, for which instructors shall receive no monetary compensation (i.e.., Explorer’s Membership, Wanderer’s Membership); or
    • (c) to join Wanderer’s Handbook Affiliate Program to receive pre-negotiated commissions based on purchases made through assigned affiliate links. All instructors who wish to become affiliates must agree to our Terms of Service as well as our Affiliate Agreement located here:

Affiliate TOS Agreement

 

  1. Instructors eligible to receive an invite to register with our Dedicated Online Store services, Affiliate Programs, or site service must have satisfied the following:
    • (a) Instructors shall be responsible for creating all courses, materials, and events associated with their Dedicated Online Store. Instructors agree that when they share and/or submit material or content of any kind to Wanderer’s Handbook or for use in the Dedicated Online Stores or in relation to use of the Services, such material and/or content shall be granted for use to Wanderer’s Handbook under a perpetual, irrevocable, non-exclusive free license for any purpose, as stated and set forth more in detail in the other terms of this Agreement. Instructors will receive a profit share consisting of a 50/50 split of all net proceeds with us (If there is more than one instructor for a particular course within the Dedicated Online Store, we shall be entitled to receive our 50/50 split, and the instructors shall be responsible for sharing and allocating the remaining 50% amongst themselves accordingly) (other guidelines and rules related thereto to be provided by us and followed by you accordingly);
    • (b) Have at least one approved course, ready to be added to their Dedicated Online Store after receiving our final written approval (requests for a Dedicated Online Store and submissions of materials related thereto can be sent to [email protected])
    • (c) Provide Wanderer’s Handbook with at least two courses and two webinars for Wanderer’s Handbook’s Explorer and/or Wanderer membership levels per year, for which instructors shall receive no monetary compensation, but instead, an opportunity to continually establish the instructors as authorities in their fields, by building their reputations as instructors in the Wanderer’s Handbook community and users, while teaching these provided courses. All instructors understand and agree that once a course joins and becomes a part of the Wanderer’s Handbook Free, Explorer’s, or Wanderer’s membership levels, it may not be withdrawn at any time and that it shall then belong to us, fully and wholly, free and clear, either as work made for hire and/or a full conveyance and transfer of all ownership rights and interests instructors may have in relation thereto.  Wanderer’s Handbook shall have exclusive rights to all courses for one year, then after the one year period is complete, Wanderer’s Handbook shall retain the non-exclusive rights.
  1. Webinars, Teleconferences and Ring Central. Instructors will be provided their own phone number extensions, along with having the option to provide free and/or paid webinars or teleconferences as well through the Ring Central services. After providing their relevant extension numbers to prospective clients/students, instructors will be able to host and record webinars and teleconferences via Ring Central. And upon completion of the relevant webinar or teleconference, instructors will also be able to upload such materials for sale onto our library or onto their own Dedicated Online Stores, if valid. As for all payment and profit share, the webinars and teleconferences shall also be split 50/50 between us and the instructors for each course and/or subscription.
  2. Taxes. All instructors agree that they shall be responsible for any and all taxes related to the payments and profit shares they receive hereunder or in relation to our Services and/or Sites, and that each is working as an independent contractor hereunder and that there is no employment, agency and/or partnership relationship or agreement being made or entered into whatsoever and that each waives any and all claims related thereto.
  3. Paperwork. All instructors agree to comply with all paperwork and documentation requests made by us regarding the courses, and/or your working relationship with and to supply/provide accurate, relevant information in relation thereto (i.e., 1099s, EIN, SSNs, legal name, etc..)
  4. Individual Performance. We reserve the unfettered right and discretion to change any and all rules, or any portion thereof for each instructor on a case by case basis, so long as agreed to with us in writing beforehand, including, without limitation, terminating any course or instructor’s association with us or the Site and/or Services. As such, all instructors understand and agree that they have no right to make or bring any claim, cause of action or suit addressing any contention or claim that another instructor was provided better payment terms, contract terms or deal arrangements in relation to working with us on our Sites and/or Services and/or any claim related to your working relationship with us concerning your courses, engagement with students and anything related thereto.
  5. Right to Promote. All instructors by creating and providing their courses through our Sites and/or Services, understand and agree that we have the unfettered right and discretion to use any materials in relation thereto (i.e., the courses, Materials, etc..) for the purpose of advertising, promotion, publicity and marketing purposes in any manner as we see fit.
  6. Blogging. On a case by case basis, certain instructors may be provided blogging rights and/or privileges or site access, as to be determined and communicated by us in our sole discretion.
  7. All other offerings. For all other offerings that are not courses, teleconferences and/or webinars (i.e., other events, conferences), instructors shall discuss and negotiate such payment terms and other related pertinent terms as we see reasonably necessary, in good faith on a case by case basis.
  8. Wanderer’s Handbook reserves the right to accept or deny any applications for instructors and/or to terminate instructor courses and/or Dedicated Online Store levels or sites at any time and for any reason without notice.
  9. Wanderer’s Handbook reserves the right to negotiate commission rates and profit sharing with each individual instructor at its own discretion at any time. This includes the right to increase or decrease profit sharing splits as well as commissions based on instructor’s involvement, expertise, and whatever other qualifications Wanderer’s Handbook deems appropriate or necessary.

ii. Courses, Offerings – ALL associated with Wanderer’s Handbook

  1. Instructors agree that any and all courses must be submitted and approved by us through our approval process and understand that any and all revisions or changes suggested by us must be made in order for any course to be approved for teaching. We reserve the right to request a change to your course or offering at any time, in addition to canceling or ending your course or offering provided at any time without further notice.
  2. Instructors agree that the materials, content and information they share and teach are true and accurate to the best of their knowledge and that they shall not engage in making any false claims, medical claims, scientific claims, and/or certain guarantees of results. In the event that any user, student, volunteer or third party makes, files, institutes or brings a claim or cause of action against us in relation to your course, teaching and/or interaction with the respective party, you agree to indemnify and hold us harmless for any and all costs and expenses that you incur, charge and/or pay in relation thereto.
  3. Instructors agree to complete and/or satisfy any training or instructor requirements as communicated by us to you, on a case by case basis. You agree to abide by any and all training programs, materials and/or instructions provided to you in connection therewith.
  4. Instructors agree that when they share and/or submit material or content of any kind to Wanderer’s Handbook or in relation to use of the Services, such material and/or content shall be granted for use to Wanderer’s Handbook under a perpetual, irrevocable, non-exclusive free license (free and clear) for any purpose, including, without limitation, our hosting and use of teaching materials and/or course content created by an instructor, be it for the purpose of creating another course for Wanderer’s Handbook or other purpose, and as stated and set forth more in detail in the other terms of this Agreement.
  5. Instructors agree to keep confidential any information and/or Content that it is a recipient of, concerning another user of Wanderer’s Handbook, Wanderer’s Handbook or any party in relation therewith.
  6. Instructors agree to plan, prepare and execute each course or offering according to Wanderer’s Handbook’s set membership levels. For instance, users do not get to ask questions in a free course while they may be able to do so in other specified membership level courses. And for avoidance of doubt, the designation, schedule and membership level for each course or offering shall be determined by Wanderer’s Handbook, in its final discretion.
  7. Instructors agree that each and every course or offering provided shall be aligned with the Wanderer’s Handbook’s mission statement and purpose in assisting others on their journeys toward enlightenment, ascension, wellness and individuation.
  8. Instructors are free to hire their own assistants to help facilitate and organize their courses and/or offerings, and even assign an assistant as a co-instructor for a particular course or offering. However, instructors agree that any and all such agreements and arrangements with their assistants go beyond the scope of this Agreement and that Wanderer’s Handbook shall not be made liable in relation to such assistants in any way regarding any related claim therewith.
  9. In the event that instructors voluntarily leave their courses, offerings and/or Dedicated Online Store by providing an advance 30-day written notice, as stipulated by the terms of this Agreement, (i) any and all courses provided through our membership levels shall belong to and remain the property of Wanderer’s Handbook; (ii) any and all courses, offerings provided beyond our membership levels, be it in our online store or Dedicated Online Store, shall be granted to us under a perpetual non-exclusive license (free and clear) in all areas related thereto, in order to continue providing such materials to our users as a part of our offered Services, Sites, courses and/or offerings, with the pre-existing profit share related to each course, offering to continue after an instructor’s departure so long as the course and/or offering is still available and we are receiving net income in relation thereto.
  10. In the event that instructors do not provide advance written notice as referenced above, for any instructors who abandon their courses or offerings, we reserve the right to take over any of their courses and/or offerings as our own and accordingly, in full ownership in all areas, and instructors agree that they shall lose all of their rights and entitlements to any royalties or profit share payments associated therewith as well.
  11. Instructors agree that they may teach, share or moderate a similar course, class and/or offering with a similar description, scope and/or purpose as the course, class and/or offering provided via the Wanderer’s Handbook in any manner, medium or method whatsoever without our prior written consent, and with any other third party or through instructors’ own efforts and pursuits as well. Instructors may NOT copy and paste materials from their Wanderer’s Handbook courses to share outside of Wanderer’s Handbook. If Instructors wish to use similar information and materials, the information and materials must differ from what is posted on Wanderer’s Handbook by at least 20%. In other words, instructors are responsible for rebranding and remaking the materials so that the exact same materials are not shared.
  12. Instructors agree that they do not have the right to speak or act on behalf of Wanderer’s Handbook in any way without Wanderer’s Handbook’s prior written approval in each and every instance.
  13. Instructors agree to abide by all other volunteer and membership terms in this Agreement as well.

iii. Conduct

  1. Instructors may interact with students at their discretion, but it must be in line with each appropriate membership level benefits and guidelines.
  2. Instructors must never try to influence students to leave Wanderer’s Handbook in any way, be it even by pitching their own website and/or materials. Instructors may only advertise products, services and materials provided by Wanderer’s Handbook, and no other competitor, except that for any direct products made by instructors, such may be allowed so long as written permission is provided by Wanderer’s Handbook in advance. For avoidance of doubt, no instructor may ever require a student or user to purchase the instructor’s owned or created products as a mandatory course material (i.e., books, videos, etc..) and all instructors agree that any and all course required material be supplied for free and that students shall not be required to purchase additional materials for the course. Should you wish to sell materials, it must first be approved in writing by Wanderer’s Handbook, and Wanderer’s Handbook may grant rights to sell these additional products via the Wanderer’s Handbook website.
  3. Instructors understand and agree that they may be asked to moderate group chats when requested and/or necessary and instructors agree to be responsible for such, but in no way, will instructors or Wanderer’s Handbook be held liable by any user or third party in any way in relation thereto.
  4. Instructors must submit blogs to Wanderer’s Handbook for its approval if they want to write blogs. All requested revisions must be incorporated and implemented accordingly.

iv. Perks

  1. By having a platform to teach through, instructors will be provided the opportunity to be heard by audiences, while building their credibility as well because of their association with Wanderer’s Handbook. Additionally, certain instructors may be invited to participate in events such as group chats, teleconferences, conventions and more, in our discretion.
  2. For any pre-existing products that instructors may wish to sell through Wanderer’s Handbook and/or the Services, instructors may submit such inquiries to Wanderer’s Handbook on a case by case basis and/or at Wanderer’s Handbook’s set conventions for royalty split percentages, and Wanderer’s Handbook reserves the right of final approval for such instances. Notwithstanding, instructors agree that Wanderer’s Handbook may cancel or discontinue the sale and/or provision of any such products at any time without further notice.
  3. Instructors may submit any book publishing or other book authoring or deal related inquiries to Wanderer’s Handbook for possible review and consideration by Winterwolf Press, the official press for Wanderer’s Handbook.
  4. Instructors will be provided one (1) free membership as selected by Wanderer’s Handbook, plus one (1) free gift membership to someone the instructor designates for as long as the instructor is active teaching or creating a course.

v. Termination

  1. Instructors’ membership and status will be terminated on all levels upon three (3) months of inactivity, which shall constitute as “abandoning” herein. After six (6) months of not logging into the website or participating in courses or forums (either directly, or even through their designated assistant(s)), which also constitutes as “abandoning”, we reserve the right to take down, suspend and cancel all courses and materials associated with you, and any and all such course materials and information shall solely belong to and remain the property of Wanderer’s Handbook with the relevant instructor(s) having no right or entitlement to any royalties or profit share payments related thereto. For avoidance of doubt, this means that Wanderer’s Handbook can remove or take your courses and use them in any way whatsoever, even if it means adding them to our own membership levels and reassigning new instructors without compensating or informing you.
  2. Instructors agree that we reserve the right to end relationships with any instructors at any time without further notice for any reason whatsoever, in addition to taking down a course or offering at any time without further notice, or suspending a course or offering without further notice. This includes, without limitation, having certain instructors act as volunteers.
  3. We reserve the right to assign a moderator or guest instructor to help an instructor at any time without further notice for any reason if we feel that the instructor is not interacting with or teaching the students to our satisfaction and discretion.
  4. All instructors must provide a 30 day written notice should they ever decide to stop moderating, teaching or leave Wanderer’s Handbook provided that all open interactive courses that the instructors are currently engaged in, have been fully completed, with no loose ends and provided that they train a replacement moderator for their courses at no additional compensation. Prior to leaving, instructors must confirm and be cleared with us on which courses will continue to give interactive support and for the courses no longer offering this support, instructors must edit and have all active groups, forums and comments turned off so that no more questions can be asked by users.

5. Transactions

5.1 In General. Through the Wanderer’s Handbook website and applications (“Wanderer’s Handbook Site(s)”), we intend to provide users with the ability to view and/or purchase certain products and services provided via the Services, while providing different features enabled for instructors and volunteers as well.

We intend for each user to be able to create and register an account with Wanderer’s Handbook Sites so that users are able to input, save, and/or view certain personal information, including, without limitation, basic profile information, payment information, purchase transaction history, preview history, refund history, and other transaction related items concerns user’s activity and history on the Wanderer’s Handbook Sites. For avoidance of doubt, Wanderer’s Handbook in no way makes any representation or warranty as to the truth, completeness, and/or accuracy of any information input, saved and/or provided therewith.

5.2 Wanderer’s Handbook Transactions. Wanderer’s Handbook processes transactions according to the instructions received from its users. You should verify all transaction information prior to submitting instructions to Wanderer’s Handbook. A transaction is not complete while it is in a pending state. Funds associated with transactions that are in a pending state will be designated accordingly, and may not be included in your Wanderer’s Handbook Account balance or be available to conduct transactions. Wanderer’s Handbook may charge certain fees to process a Wanderer’s Handbook Transaction on your behalf. Wanderer’s Handbook will calculate the applicable fee in its discretion, although Wanderer’s Handbook will always notify you of the applicable fee at or before the time you authorize the transaction. Wanderer’s Handbook reserves the right to delay any Wanderer’s Handbook Transaction if it perceives a risk of fraud or illegal activity.

5.3 Products, Services and Operation of Protocols. By using our Services and underlying platforms, you acknowledge and agree (i) that Wanderer’s Handbook makes no guarantee of the products and services provided by Wanderer’s Handbook Sites; (ii) that Wanderer’s Handbook makes no guarantee of their protocols’ functionality, security, or availability, including that of any Wanderer’s Handbook Sites; (iii) that Wanderer’s Handbook makes no representation, warranty or guarantee of any kind as to the truthfulness and accuracy of any product, service, recommendation and/or advice that was rendered or may seem to have been rendered or communicated by Wanderer’s Handbook in any way, and (iv) that the underlying protocols are subject to sudden changes in operating rules (a/k/a “forks”), and that such forks may affect your use and/or experience of our Services. In the event of a fork, you agree that Wanderer’s Handbook may temporarily suspend Wanderer’s Handbook operations (with or without advance notice to you) and that Wanderer’s Handbook may, in its sole discretion, decide whether or not to support (or cease supporting) either branch of the forked protocol entirely. You acknowledge and agree that Wanderer’s Handbook assumes absolutely no responsibility whatsoever in respect of an unsupported branch of a forked protocol.

6. General Use, Prohibited Use, and Termination

6.1. Limited License. We grant you a limited, non-exclusive, nontransferable license, subject to the terms of this Agreement, to access and use the Wanderer’s Handbook Site and Wanderer’s Handbook App, and related content, materials, information, including, without limitation, products and/or services you purchased, used and/or acquired in relation therewith (collectively, the “Content”) solely for approved purposes as permitted by Wanderer’s Handbook from time to time. Any other use of the Wanderer’s Handbook Site, Wanderer’s Handbook App or Content is expressly prohibited and all other right, title, and interest in the Wanderer’s Handbook Site, Wanderer’s Handbook App or Content is exclusively the property of Wanderer’s Handbook and its licensors. You agree you will not copy, transmit, distribute, sell, license, reverse engineer, modify, publish, or participate in the transfer or sale of, create derivative works from, or in any other way exploit any of the Content, in whole or in part. “Wanderer’s Handbook.com”, “Wanderer’s Handbook”, and all logos related to the Wanderer’s Handbook Services or displayed on the Wanderer’s Handbook Site or Wanderer’s Handbook App are either trademarks or registered marks of Wanderer’s Handbook or its licensors. You may not copy, imitate or use them without Wanderer’s Handbook’s prior written consent. We reserve the right to request that you return any and all Company Material, and copies thereof, to us at any time without additional cost to us.

6.2. Website Accuracy. Although we intend to provide accurate and timely information on the Wanderer’s Handbook Site and Wanderer’s Handbook App, the Wanderer’s Handbook Site and Wanderer’s Handbook App (including, without limitation, the Content) may not always be entirely accurate, complete or current and may also include technical inaccuracies or typographical errors. In an effort to continue to provide you with as complete and accurate information as possible, information may be changed or updated from time to time without notice, including without limitation information regarding our policies, products and services. Accordingly, you should verify all information before relying on it, and all decisions based on information contained on the Wanderer’s Handbook Site or Wanderer’s Handbook App are your sole responsibility and we shall have no liability for such decisions. Links to third-party materials (including without limitation websites) may be provided as a convenience but are not controlled by us. You acknowledge and agree that we are not responsible for any aspect of the information, content, or services contained in any third-party materials or on any third party sites accessible or linked to the Wanderer’s Handbook Site.

6.3. Third-Party Applications. If, to the extent permitted by Wanderer’s Handbook from time to time, you grant express permission to a third party to access or connect to your Wanderer’s Handbook Account, either through the third party’s product or service or through the Wanderer’s Handbook Site, you acknowledge that granting permission to a third party to take specific actions on your behalf does not relieve you of any of your responsibilities under this Agreement. You are fully responsible for all acts or omissions of any third party with access to your Wanderer’s Handbook Account. Further, you acknowledge and agree that you will not hold Wanderer’s Handbook responsible for, and will indemnify Wanderer’s Handbook from, any liability arising out of or related to any act or omission of any third party with access to your Wanderer’s Handbook Account. You may change or remove permissions granted by you to third parties with respect to your Wanderer’s Handbook Account at any time through the Account Settings (Integrations) page on the Wanderer’s Handbook Site.

6.4. Prohibited Use. In connection with your use of the Wanderer’s Handbook Services, and your interactions with other users, and third parties you agree and represent you will not engage in any unlawful or illegal activity concerning our products or services. We reserve the right at all times to monitor, review, retain and/or disclose any information as necessary to satisfy any applicable law, regulation, sanctions programs, legal process or governmental request. We reserve the right to cancel and/or suspend your Wanderer’s Handbook Account and/or block/cancel transactions immediately and without notice if we determine, in our sole discretion, that your Account is associated with an unlawful or illegal purpose.

6.5. Transactions Limits. The use of all Wanderer’s Handbook Services may be subject to a limit on the amount of transactions you may make in a given period (e.g., daily). Your transaction limits may vary depending on many factors in our discretion.

6.6. Suspension, Termination, and Cancellation. Wanderer’s Handbook may: (a) suspend, restrict, or terminate your access to any or all of the Wanderer’s Handbook Services, and/or (b) deactivate or cancel your Wanderer’s Handbook Account if:

  • We are so required by a facially valid subpoena, court order, or binding order of a government authority; or
  • We reasonably suspect you of using your Wanderer’s Handbook Account in connection with an unlawful or illegal activity or purpose; or
  • Use of your Wanderer’s Handbook Account is subject to any pending litigation, investigation, or government proceeding and/or we perceive a heightened risk of legal or regulatory non-compliance associated with your Account activity; or
  • Our service partners are unable to support your use; or
  • You take any action that Wanderer’s Handbook deems as circumventing Wanderer’s Handbook’s controls, including, but not limited to, opening multiple Wanderer’s Handbook Accounts or abusing promotions which Wanderer’s Handbook may offer from time to time; or
  • For any reason at all.

You authorize us to cancel or suspend any pending transactions when your Wanderer’s Handbook Account has been canceled or terminated.

6.7. Relationship of the Parties. Wanderer’s Handbook is an independent contractor for all purposes. Nothing in this Agreement shall be deemed or is intended to be deemed, nor shall it cause, you and Wanderer’s Handbook to be treated as partners, joint ventures, or otherwise as joint associates for profit, or either you or Wanderer’s Handbook to be treated as the agent of the other.

6.8. Privacy of Others; Marketing. If you receive information about another user through the Wanderer’s Handbook Services, you must keep the information confidential and only use it in connection with the Wanderer’s Handbook Services. You may not disclose or distribute a user’s information to a third party or use the information except as reasonably necessary to effectuate a transaction and other functions reasonably incidental thereto such as support, reconciliation and accounting unless you receive the user’s express consent to do so.

6.9. Password Security; Contact Information. You are responsible for maintaining adequate security and control of any and all IDs, passwords, hints, or any other codes that you use to access the Wanderer’s Handbook Services. Any loss or compromise of the foregoing information and/or your personal information may result in unauthorized access to your Wanderer’s Handbook Account by third-parties and the loss or theft of any items held in your Wanderer’s Handbook Account and any associated accounts. You are responsible for keeping your email address and telephone number up to date in your Account Profile in order to receive any notices or alerts that we may send you. We assume no responsibility for any loss that you may sustain due to compromise of account login credentials. In the event you believe your Wanderer’s Handbook Account information has been compromised, contact Wanderer’s Handbook Support immediately.

6.10. Unclaimed Property. If Wanderer’s Handbook is holding certain items in your account, and Wanderer’s Handbook is unable to contact you and has no record of your use of the Services for several years, applicable law may require Wanderer’s Handbook to report these items as unclaimed property to the applicable jurisdiction. If this occurs, Wanderer’s Handbook will try to locate you at the address shown in our records, but if Wanderer’s Handbook is unable to locate you, it may be required to deliver any such items to the applicable state or jurisdiction as unclaimed property. Wanderer’s Handbook reserves the right to deduct a dormancy fee or other administrative charges from such unclaimed items, as permitted by applicable law.

7. Rights We Grant You

Wanderer’s Handbook grants you a personal, worldwide, non-assignable, non-exclusive, revocable, and non-sublicensable license to access and use our Services. This license is for the sole purpose of letting you use our Services in a way that these Terms allow. Any software that we provide you may automatically download and install upgrades, updates, or other new features. You may not copy, modify, distribute, sell, lease, exploit or use any part of our Services, nor any material relating to our courses, workshops, seminars, and/or other offerings for any other purpose beyond what’s expressly stated herein, nor may you reverse engineer or attempt to extract any source code, unless applicable laws prohibit these restrictions or you have our written permission to do so.

8. Rights You Grant us

As stated elsewhere herein, any information that you submit, provide and/or use through our Services, any information referenced herein, and any information we collect as referenced in the Privacy Policy shall become our sole property and we shall be allowed to use, share, publish, sell, transfer and/or exploit such content and/or Content in our sole discretion, including, without limitation, your phone or device’s physical location and movement, your transactions and/or other details related to your use of our Services. In the event that for any governmental, judicial or legislative reason such ownership right may be found invalid, illegal or unenforceable, you grant us and our affiliates a worldwide, royalty-free, sublicensable, and transferable license to host, store, use, display, reproduce, adapt, publish, sell, transfer and distribute that content and/or Content. We may access, review, screen and delete any information that you submit at any time and for any reason. We shall not be responsible for the information you create, upload, post, send or store through or related to our Services and/or Conent and you shall alone remain responsible for the content you create, upload, post, send, or store through our Services and/or Content. Any feedback or suggestions you submit about Wanderer’s Handbook or our products or Services are non-confidential and will become the sole property of Wanderer’s Handbook.

9. Content of Others

Some of the content or information provided when using our Services may be produced by users and other third parties. Whether that content is posted publicly or sent privately, the content or information is the sole responsibility of the person or organization that submitted it. Although Wanderer’s Handbook reserves the right to remove any content or information that violates these Terms, we do not necessarily review all of it. Therefore, we do not take responsibility for any other content that others provide through our Services.

10. Privacy

Your privacy matters to us. You can learn how we handle your information when you use our Services by reading our privacy policy. We encourage you to review the privacy policy as your use of our Services signify that you hereby agree that Wanderer’s Handbook can collect, use and transfer your information consistent with that policy and that you agree to all of the Terms herein.

11. Respecting Other People’s Rights

Wanderer’s Handbook respects the rights of others. You may not upload, post, send or store content or information that: violates or infringes someone else’s rights of publicity, privacy, copyright, trademark or other intellectual property right; bullies, harasses or intimidates; defames; or spams or solicits Wanderer’s Handbook users. You must also respect Wanderer’s Handbook rights. These Terms do not grant you any right to: use branding, logos, designs, photographs, audio, recordings, videos or any other materials used in our Services except as explicitly allowed by these Terms or our Services; copy, archive, download, upload, distribute, syndicate, broadcast, perform, display, make available, or otherwise use any portion of our Services or the content on our Services except as set forth in these Terms or as our Services allow; use our Services or any content on our Services for any commercial purposes without our consent. In short: You may not use our Services or the content on our Services in ways that are not authorized by these Terms. Nor may you help or enable anyone else in doing so.

12. Respecting Copyright

Wanderer’s Handbook honors the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Services any infringing material that we become aware of. And if Wanderer’s Handbook becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps without our power to terminate the user’s ability to access or use our Services. If you believe that anything on our Services infringes a copyright that you own or control, please file a notice with our office at: 8635 West Sahara Avenue, #425, Las Vegas, NV 89117. If you file a notice with our designated agent, it must comply with the requirements set forth at at 17 U.S.C. § 512(c)(3). That means the notice must: contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; identify the copyrighted work claimed to have been infringed; identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; provide your contact information, including your address, telephone number, and an email address; provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, is agent or the law; and provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

13. Safety

By using our Services, you agree that, where applicable to Wanderer’s Handbook Sites and/or use therewith: you will not use our Services for any purpose that is illegal or prohibited in these Terms; you will not use any robot, spider, crawler, scraper, virtual SIMs or other automated means or interface to access our Services or extract other user’s information; you will not use or develop any third-party applications that interact with our Services or other users’ content or information without our written consent; you will not use our Services in a way that could interfered with, disrupt, negatively affect, or inhibit other users from fully enjoying our Services, or that could damage, disable, overburden, or impair the functioning of our Services; you will not use or attempt to use another user’s account, username or password without their permission; you will not solicit login credentials from another user; you will not post content that contains pornography, graphic violence, threats, hate speech or incitements to violence; you will not upload viruses or other malicious code or otherwise compromise the security of our Services; you will not attempt to circumvent any content-filtering techniques we employ, or attempt to access areas or features of our Services that you are not authorized to access; you will not probe, scan or test the vulnerability of our Services or any system or network; and you will not encourage or promote any activity that violates these Terms.

14. Data Charges

You are responsible for any online or mobile charges that you may incur for using our Services, including, without limitation, Internet connection/usage, and mobile charges. If you’re unsure what those charges may be, you should ask your service provider before using our Services.

15. Modifying the Services and Termination

We may add or remove features, products, or functionalities, and we may also suspend or stop our Services altogether. We may take any of these actions at any time, and when we do, we may not provide with you any notice beforehand. Wanderer’s Handbook may terminate these Terms with you at any time, for any reason, and without advanced notice. That means that we may stop providing with you any Services, or impose new or additional limits on your ability to use our Services. For example, we may deactivate your account due to prolonged inactivity or without any reason.

16. Computer Viruses. We shall not bear any liability, whatsoever, for any damage or interruptions caused by any computer viruses, spyware, scareware, Trojan horses, worms or other malware that may affect your computer or other equipment, or any phishing, spoofing or other attack. We advise the regular use of a reputable and readily available virus screening and prevention software. You should also be aware that SMS and email services are vulnerable to spoofing and phishing attacks and should use care in reviewing messages purporting to originate from Wanderer’s Handbook. Always log into your Wanderer’s Handbook Account through the Wanderer’s Handbook App/Site, whichever is applicable, to review any transactions or required actions if you have any uncertainty regarding the authenticity of any communication or notice.

17. Release of Wanderer’s Handbook; Indemnity

You release Wanderer’s Handbook, its affiliates and service providers, and each of their respective officers, directors, agents, joint venturers, employees and representatives from any and all claims, demands and damages (actual and consequential) of every kind and nature arising out of or in any way connected with disputes concerning the services and/or products you purchased by or through Wanderer’s Handbook. You agree, to the extent permitted under applicable law, to indemnify, defend and hold harmless Wanderer’s Handbook, our directors, officers, employees, and affiliates from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys’ fees) due to, arising out of, or relating in any way to: (a) your access to or use of or reliance on our Services or products; (b) your content; and (c) your breach of these Terms.

18. Disclaimers

We try to keep our Services up and running and free of annoyances. But we make no promises that we will succeed. OUR SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. IN ADDITION, WHILE WANDERER’S HANDBOOK ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) OUR SERVICES WILL ALWAYS BE SECURE, ERROR-FREE OR TIMELY; (B) OUR SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPRTIONS ON IMPERFECTIONS; OR (C) THAT ANY WANDERER’S HANDBOOK CONTENT, USER CONTENT, OR INFORMATION YOU OBTAIN ON OR THROUGH OUR SERVICES WILL BE TIMELY OR ACCURATE IN ANY WAY OR TO ANY DEGREE. WANDERER’S HANDBOOK TAKES NO RESPONSBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT THAT YOU, ANOTHER USER, INSTRUCTORE, PARTY ASSOCIATED WITH US, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THORUGH OUR SERVICES, IF SUCH SERVICES ARE PROVIDED AND ACCESSIBLE. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING OR OTHERWISE INAPPROPRIATE, NONE OF WHICH WANDERER’S HANDBOOK WILL BE RESPONSIBLE FOR.

19. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WANDERER’S HANDBOOK AND OUR MANAGING MEMBERS, SHAREHOLDERS, EMPLOYEES, AFFILIATES, LICENSORS AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR MULTIPLE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) YOUR ACCESS TO OR USE OF OR INABILITY ACCESS OR USE OF OUR SERVICES; (B) THE CONDUCT OR CONTENT OF OTHER USERS OR THIRD PARTIES ON OR THROUGH OUR SERVICES; (C) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR CONTENT, EVEN IF WANDERER’S HANDBOOK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; OR (D) YOUR CONTENT CREATED WITH, FROM OR THROUGH SOME PORTION OF OUR SERVICES. IN NO EVENT WILL WANDERER’S HANDBOOK’s AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO OUR SERVICES EXCEED THE GREATER OF $0.01 USD OR THE AMOUNT YOU PAID WANDERER’S HANDBOOK, IF ANY, IN THE LAST 12 MONTHS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECITON MAY NOT APPLY TO YOU.

20. Arbitration, Class Waiver and Jury Waiver

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH WANDERER’S HANDBOOK, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.

A. Applicability of Arbitration Agreement

All claims and disputes arising out of or relating to these Terms or the use of our Services that cannot be resolved in small claims court, will be resolved by binding arbitration on an individual basis, except that you and Wanderer’s Handbook are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged use unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents.

B. Arbitration Rules

The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. Any claims or disputes where the total amount sought is less than $10,000 USD may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief. For claims or disputes where the total amount is $10,000 USD or more, the right to a hearing will be determined by the arbitral forum’s rules. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

C. Additional Rules for Non-appearance Arbitration

If non-appearance arbitration is elected, the arbitration will be conducted by telephone, online, written submissions, or any combination of the three; the specific manner will be chosen by the party initiating the arbitration. The arbitration will not involve any personal appearance by the parties or witnesses unless the parties mutually agree otherwise.

D. Authority of the Arbitrator

The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and Wanderer’s Handbook. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator will issue a written award and statement of a decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you.

E. Waiver of Jury Trial

YOU AND WANDERER’S HANDBOOK WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Wanderer’s Handbook are instead electing to have claims and disputes resolved by arbitration. Arbitration procedures are typically more limited, more efficient, and less costly than rules applicable in court and are subject to very limited review by a court. In any litigation between you and Wanderer’s Handbook over whether to vacate or enforce an arbitration award, YOU AND WANDERER’S HANDBOOK WAIVE ALL RIGHTS TO A JURY TRIAL, and elect instead to have the dispute be resolved by a judge.

F. Waiver of Class or Consolidated Actions

ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED OR LITIGATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this wavier of class or consolidated actions is deemed invalid or unenforceable, neither you nor we are entitled to arbitration; instead all claims and disputes will be resolve in a court as set forth in Section 17.

G. Confidentiality

No part of the procedures will be open to the public or the media. All evidence discovered or submitted at the hearing is confidential and may not be disclosed, except by written agreement of the parties, pursuant to court order, or unless required by law. Notwithstanding the foregoing, no party will be prevented from submitting to a court of law any information needed to enforce this arbitration agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

H. Right to Waive

Any rights and limitations set forth in this arbitration agreement may be waived by the party against whom the claim is asserted. Such waiver will not waive or affect any other portion of this arbitration agreement.

I. Arbitration Agreement Survival

This arbitration agreement will survive the termination of your relationship with Wanderer’s Handbook.

  1. Exclusive Venue

To the extent the parties are permitted under these Terms to initiate litigation in a court, both you and Wanderer’s Handbook agree that all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the United States District Court for Las Vegas, Nevada. If, however, that court would lack original jurisdiction over the litigation, then all claims and disputes arising out of or relating to these Terms or the use of our Services will be litigated exclusively in the Circuit and County Courts of Las Vegas, NV. You and Wanderer’s Handbook consent to the personal jurisdiction of both courts.

  1. Choice of Law

Except to the extent they are preempted by U.S. federal law, the laws of Nevada, other than its conflict-of-laws principles, govern these Terms and any disputes arising out of or relating to these Terms or their subject matter, including tort claims.

  1. Severability

If any provision of these Terms is found unenforceable, then that provision will be severed from these Terms and not affect the validity and enforceability of any remaining provisions.

  1. Additional Terms for Specific Services

Given the breadth of our Services, we sometimes need to craft additional terms and conditions for specific Services. Those additional terms and conditions, which will be available with the relevant Services, then become part of your agreement with us if you use those Services.

  1. Final Terms

These terms make up the entire agreement between you and Wanderer’s Handbook, and supersede any prior agreements. These Terms do not create or confer any third-party beneficiary rights. If we do not enforce a provision in these Terms, it will not be considered a waiver. We reserve all rights not expressly granted to you. You may not transfer any of your rights or obligations under these Terms without our consent. These terms were written in English and to the extent the translated version of these Terms conflict with the English version, the English version will control.

  1. Contact Us

Wanderer’s Handbook welcomes comments, questions, concerns or suggestions. Please send feedback to us by emailing at [email protected].

 

 

 

 

 

 

 

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