Wise Company is pleased to introduce Wise Milk. Our Wise Milk bucket consists of 120 servings (12 servings per pouch) of delicious whey milk. Just add one cup of water...
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SURVIVALFROG.COM, SURVIVAL FROG LLC AND PEAK 10 PUBLISHING LLC ARE WILLING TO GRANT YOU RIGHTS TO
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BEHALF OF A COMPANY OR OTHER LEGAL ENTITY OR PERSON, YOUR ACCEPTANCE REPRESENTS THAT YOU HAVE THE
AUTHORITY TO BIND SUCH ENTITY OR PERSON TO THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, OR IF
YOU DO NOT HAVE THE AUTHORITY TO BIND YOUR ENTITY OR PERSON, THEN SURVIVALFROG.COM IS UNWILLING TO
GRANT YOU RIGHTS TO ESTABLISH AN ACCOUNT AND TO USE THE SERVICES PROVIDED BY THIS SITE.
MEMBERSHIP AGREEMENT Effective Date: February 22, 2016
To review material modifications and their effective dates scroll to the bottom of the page.
To review how to cancel your Membership, review Section 11.
1.1. Parties. The parties to this legal Agreement are you, and the owner of
SurvivalFrog.com, Survival Frog LLC, and Peak 10 Publishing LLC. If you are not acting on behalf of
yourself as an individual, then "you", "your", and "yourself" means your company or organization or the
person you are representing. All references to "we", "us", "our", "this website", "this site" or
"Company" shall be construed to mean this SurvivalFrog.com website, Survival Frog LLC and Peak 10
2.Agreement. The legal Agreement between you and the Company
herein and accessible on this site’s home page. If there is any conflict between this Membership
3.Modification of Agreement. We reserve the right to modify this Agreement at any
time by posting an amended Agreement that is always accessible through a link on this site's home page
and/or by giving you prior notice of a modification. You should check this Agreement periodically for
modifications by scrolling to the bottom of this page for a listing of material modifications and their
effective dates. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS
AGREEMENT. YOUR CONTINUED USE OF THIS SITE FOLLOWING OUR POSTING OF AN AMENDED AGREEMENT OR PROVIDING
YOU NOTICE OF A MODIFICATION WILL CONSTITUTE BINDING ACCEPTANCE.
Eligibility. Memberships are not available to minors under the age of 18 years of age and any user that
has been suspended or removed from the system.
Membership services include access to the VIP Buyers Club Membership ("Services"). We reserve the right
to update and modify the Services from time to time.
6.Membership Use and
Policy, you may access and use this site's Services, but only for your own internal purposes. All rights
not expressly granted in this Agreement are reserved by us and our licensors.
6.1You will be granted authorized login protocols for the Services,
and you agree not to use the Services in excess of your authorized login protocols. You agree not to
access (or attempt to access) this site by any means other than through the interface we provide, unless
you have been specifically allowed to do so in a separate agreement. You agree not to access (or attempt
to access) this site through any automated means (including use of scripts or web crawlers), and you
agree to comply with the instructions set out in any robots.txt file present on this site.
6.2You are not authorized to (i) resell, sublicense, transfer,
assign, or distribute the site, its Services or content; (ii) modify or make derivative works based upon
the site, its Services or content; (iii) "frame" or "mirror" any site, its Services or content on any
other server or Internet-enabled device; or (iv) reverse engineer, decompile, or disassemble the
Services or their enabling software for any purpose.
are not authorized to use our Services or servers for the propagation, distribution, housing,
processing, storing, or otherwise handling in any way lewd, obscene, or pornographic material, or any
other material which we deem to be objectionable. The designation of any such materials is entirely at
our sole discretion.
7.Ownership. The material provided on this site and via
our Services is protected by law, including, but not limited to, United States copyright law and
international treaties. The copyrights and other intellectual property rights in this material are owned
by us and/or others. Except for the limited rights granted herein, all other rights are reserved.
8.Membership Term. The term of your membership shall continue until canceled
and terminated by you in accordance with Section 11.3 or by us in accordance with Section 9.
You agree that we may terminate your account and access to the Services for cause without prior notice,
upon the occurrence of any one of the following: (i) any material breach of this Agreement, including
without limitation any failure to pay fees as they become due or any unauthorized use of the site or
Services, or (ii) requests by law enforcement or other government agencies. Termination of your account
includes (i) removal of access to all Services, and (ii) deletion of your login data, password, and all
related information. Further, you agree that all terminations shall be made in our sole discretion, and
that we will not be liable to you or any third-party for any termination of your account or access to
Services. If we elect to terminate this Agreement for cause, we may elect, in our sole discretion, not
to refund any prepaid fees or other amounts to you.
Responsibilities. You are responsible for maintaining the confidentiality of your login ID, password,
and any additional information that we may provide regarding accessing your account. If you knowingly
share your login ID and password with another person who is not authorized to use the Services, this
Agreement is subject to termination for cause. You agree to immediately notify us of any unauthorized
use of your login ID, password, or account or any other breach of security.
11.Membership Fees; Periodic Payment; Cancellation By You.
11.1You agree to pay membership fees as specified in the
registration process. Payment of membership fees may be by credit card online at this site, or by any
other method approved by us. Fees are non-refundable, unless expressly provided otherwise on this site.
If for any reason we are unable to charge your credit card with the full amount of the fees, or if we
are charged back for any fee previously charged to your credit card, you agree that we may pursue all
available remedies to pursue payment, including without limitation, suspension or termination of your
account and rights to all Services from this site.
11.2You hereby authorize SurvivalFrog.com to charge the credit card used in the registration process, as follows: charges will be monthly for the dollar amount specified in the registration process. If the credit card authorization fails, we will request updated credit card information. However, if you do not provide updated credit card information that successfully authorizes within 72 hours after notice, we may terminate your account and rights to all Services from this site.
11.3You may cancel and terminate your membership and your obligation to pay membership fees at any time by emailing us at: email@example.com or calling us at 800-PREPPER (1-800-773-7737). Your confirmation email receipt also provides information for cancellation of your membership.
Support. We shall answer questions by email and telephone during our normal business hours regarding the
use of the Services.
13.1THE SERVICES, CONTENT, AND/OR PRODUCTS ON THIS SITE ARE PROVIDED "AS-IS", AND NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY REPRESENTATION OR WARRANTY WITH RESPECT TO SUCH PRODUCTS, SERVICES, AND/OR CONTENT. THIS SITE AND ITS LICENSORS SPECIFICALLY DISCLAIM, TO THE FULLEST EXTENT PERMITTED BY LAW, ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, RELATING TO THIS SITE OR PRODUCTS, SERVICES AND/OR CONTENT ACQUIRED FROM THIS SITE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, COMPLETENESS, TIMELINESS, CORRECTNESS, NON-INFRINGEMENT, OR FITNESS FOR ANY PARTICULAR PURPOSE. THIS SITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS SITE, ITS PRODUCTS, SERVICES, AND/OR CONTENT: (A) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (C) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
USING OUR SITE AND RELATED MATERIALS AND SERVICES, IT REMAINS YOUR RESPONSIBILITY TO COMPLY WITH ANY AND
ALL APPLICABLE LOCAL, STATE, AND FEDERAL CODES, REGULATIONS, AND LAWS REGARDING BUILDING STANDARDS,
INSPECTION REQUIREMENTS, PERMITTING REQUIREMENTS, PUBLIC SAFETY STANDARDS, AND OTHER RELEVANT CONCERNS.
THIS INCLUDES ANY APPLICABLE HOMEOWNERS ASSOCIATION RULES AND/OR HOMEOWNERS INSURANCE GUIDELINES. YOU
SHOULD CONTACT PROFESSIONALS AND/OR EXPERTS FOR ASSISTANCE AND/OR ADVICE AS IS NECESSARY TO SAFELY AND
PROPERLY COMPLETE ANY IMPLEMENTATION OF THE METHODS AND SYSTEMS DESCRIBED IN THE MATERIALS. YOU ARE
RESPONSIBLE FOR YOUR ACTIONS, AND AGREE TO INDEMNIFY AND/OR HOLD HARMLESS SURVIVAL FROG FOR ANY
LOSS, INJURY, DEATH, CLAIM (WHETHER VALID OR INVALID), JUDGMENT, SUIT, PROCEEDING, DAMAGES, COSTS AND/OR
EXPENSES OF ANY NATURE WHATSOEVER ARISING FROM ANY ACTION TAKEN BY YOU WHEN USING OR MISUSING
INFORMATION IN THE MATERIALS.
13.3ALL INFORMATION PROVIDED ON THIS SITE, BY US OR OUR RELATED COMPANIES IS PROVIDED STRICTLY FOR INFORMATIONAL PURPOSES ONLY. WHILE ALL ATTEMPTS HAVE BEEN MADE TO VERIFY INFORMATION PROVIDED ON OUR WEBSITE AND IN THE PUBLICATIONS, NEITHER THE AUTHORS NOR THE PUBLISHERS ASSUMES ANY RESPONSIBILITY OR LIABILITY. THE AUTHORS AND PUBLISHERS DISCLAIMS ANY RESPONSIBILITY FOR THE ACCURACY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO ERRORS OR OMISSIONS. LOSS OF PROPERTY, INJURY TO SELF OR OTHERWISE, OR EVEN DEATH CAN OCCUR AS A DIRECT OR INDIRECT CONSEQUENCE OF THE USE AND APPLICATION OF ANY CONTENT FOUND HEREIN.
DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. NO PURCHASE OR USE OF THE ITEMS OFFERED BY
THIS SITE IS AUTHORIZED HEREUNDER EXCEPT UNDER THESE DISCLAIMERS. IF IMPLIED WARRANTIES MAY NOT BE
DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD
REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED
WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
of Liability. IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY
AND/OR DUE FROM YOU IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH
CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT,
PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING
LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED
WITH THE SERVICES, INCLUDING WITHOUT LIMITATION THE USE OR INABILITY TO USE THE SERVICES, OR FOR ANY
CONTENT OBTAINED FROM OR THROUGH THE SERVICES OR THIS SITE, ANY INTERRUPTION, INACCURACY, ERROR OR
OMISSION, REGARDLESS OF CAUSE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S
LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
15.Confidential Information. You agree that all non-public information that we
provide regarding the Services, including without limitation, our pricing, marketing methodology, and
business processes, is our proprietary confidential information. You agree to use this confidential
information only for purposes of exercising your rights as our affiliate while in strict compliance with
this Agreement, and you further agree not to use or disclose this confidential information for a period
of three (3) years after termination of this Agreement.
16.Intended For Use
Only In The United States. This site is intended for use only from within the United States. We do not
represent that this site is appropriate for use elsewhere. Access to this site from locations where its
contents are illegal is not authorized.
17.Onward Transfer of Personal
Information Outside Your Country of Residence. Any personal information which we may collect on this
site will be stored and processed in our servers located only in the United States. If you reside
outside the United States, you consent to the transfer of personal information outside your country of
residence to the United States.
18.Export Control. This site provides
Services and uses software and technology that may be subject to United States export controls
administered by the U.S. Department of Commerce, the United States Department of Treasury Office of
Foreign Assets Control, and other U.S. agencies and the export control regulations of Switzerland and
the European Union. The user of this site ("User") acknowledges and agrees that the site and Services
shall not be used in, and none of the underlying information, software, or technology may be transferred
or otherwise exported or re-exported to, countries to which the United States, Switzerland and/or the
European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or
resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially
Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively,
"Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change
without notice. By using the Services, you represent and warrant that you are not located in, under the
control of, or a national or resident of an Embargoed Country or Designated National. You agree to
comply strictly with all U.S., Swiss and European Union export laws and assume sole responsibility for
obtaining licenses to export or re-export as may be required.
Data. Registration is required for you to establish an account at this site. You agree (i) to provide
certain current, complete, and accurate information about you as prompted to do so by our online
registration form ("Registration Data"), and (ii) to maintain and update such Registration Data as
required to keep such information current, complete and accurate. You warrant that your Registration
Data is and will continue to be accurate and current, and that you are authorized to provide such
Registration Data. You authorize us to verify your Registration Data at any time. If any Registration
Data that you provide is untrue, inaccurate, not current or incomplete, we retain the right, in its sole
discretion, to suspend or terminate rights to use your account. Solely to enable us to use information
you supply us internally, so that we are not violating any rights you might have in that information,
you grant to us a nonexclusive license to (i) convert such information into digital format such that it
can be read, utilized and displayed by our computers or any other technology currently in existence or
hereafter developed capable of utilizing digital information, and (ii) combine the information with
other content provided by us in each case by any method or means or in any medium whether now known or
20.Your Postings And Content.
20.1If we provide you the opportunity to post or upload your content, we will not treat information that you post or upload as private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
20.2If we provide you the opportunity to post or upload your content, you retain all rights and ownership to your content. We make no claim of ownership to your content; however, we do need certain rights (a license) to use your content to enable our Services. If you upload or submit your content, you grant to us and any of our affiliated entities a worldwide, non-exclusive, irrevocable, and perpetual right and license (i) to use, reproduce, modify, and create derivative works based on your content, and (ii) to host, publish, distribute, publicly display, publicly perform your content and derivative works in all methods and means of distribution and publication, now known or hereafter developed. This license granted by you is only for purposes of marketing, promoting, or improving our Services.
21.Defamation; Communications Decency Act
Notice. This site is a provider of "interactive computer services" under the Communications Decency Act,
47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any
postings to this site by third parties is limited as described therein. We are not responsible for
content or any other information posted to this site by third parties. We neither warrant the accuracy
of such postings or exercise any editorial control over such posts, nor do we assume any legal
obligation for editorial control of content posted by third parties or liability in connection with such
postings, including any responsibility or liability for investigating or verifying the accuracy of any
content or any other information contained in such postings.
We reserve the right to monitor your access and use of this website without notification to you. We may
23.Security. You shall be
solely responsible for acquiring and maintaining technology and procedures for maintaining the security
of your link to the Internet. We shall implement reasonable and appropriate security procedures
consistent with prevailing industry standards to protect data from unauthorized access by physical and
electronic intrusion; provided, however, unless resulting from our failure to perform the forgoing
obligations, you agree that we shall not, under any circumstances, be held responsible or liable for
situations (i) where data or transmissions are accessed by third parties through illegal or illicit
means, or (ii) where the data or transmissions are accessed through the exploitation of security gaps,
weaknesses, or flaws unknown to us at the time. We will promptly report to you any unauthorized access
to your data promptly upon discovery by us, and we will use diligent efforts to promptly remedy any
breach of security that permitted such unauthorized access. In the event notification to persons
included in your data is required, you shall be solely responsible for any and all such notifications at
24.Notices. We may give notice to you by means of (i) a general
notice in your account information, (ii) by electronic mail to your e-mail address on record in your
Registration Data, or (iii) by written communication sent by first class mail or pre-paid post to your
address on record in your Registration Data. Such notice shall be deemed to have been given upon the
expiration of forty eight (48) hours after mailing or posting (if sent by first class mail or pre-paid
post) or twelve (12) hours after sending (if sent by email). You may give notice to us (such notice
shall be deemed given when received by us) at any time by any of the following: (a) by letter sent by
confirmed facsimile to us at the following fax number, 720-554-7901; or (b) by letter delivered by
nationally recognized overnight delivery service or first class postage prepaid mail to us as follows:
SurvivalFrog.com, 4155 E. Jewell St., Suite 900, Denver, CO 80222, in either case,
addressed to the attention of "President of the Company". Notices will not be effective unless sent in
accordance with the above requirements.
25.Arbitration. Except for actions to
protect intellectual property rights and to enforce an arbitrator’s decision hereunder, all disputes,
controversies, or claims arising out of or relating to this Agreement or a breach thereof shall be
submitted to and finally resolved by arbitration under the rules of the American Arbitration Association
("AAA") then in effect. There shall be one arbitrator, and such arbitrator shall be chosen by mutual
agreement of the parties in accordance with AAA rules. The arbitration shall take place in Denver,
Colorado, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the
State of Colorado, USA to all issues in dispute. The controversy or claim shall be arbitrated on an
individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any
other party. The findings of the arbitrator shall be final and binding on the parties, and may be
entered in any court of competent jurisdiction for enforcement. Enforcements of any award or judgment
shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign
Arbitral Awards. Should either party file an action contrary to this provision, the other party may
recover attorney's fees and costs up to $1000.00.
26.Jurisdiction and Venue;
Applicable Law. The courts of Denver County in the State of Colorado, USA and the nearest U.S. District
Court in the State of Colorado shall be the exclusive jurisdiction and venue for all legal proceedings
that are not arbitrated under this Agreement. The laws of the State of Colorado, USA shall apply to all
issues in dispute, excluding its rules regarding conflicts of law.
If any provision of this Agreement is declared invalid or unenforceable, such provision shall be deemed
modified to the extent necessary and possible to render it valid and enforceable. In any event, the
unenforceability or invalidity of any provision shall not affect any other provision of this Agreement,
and this Agreement shall continue in full force and effect, and be construed and enforced, as if such
provision had not been included, or had been modified as above provided, as the case may be.
28.Force Majeure. We shall not be liable for damages for any delay or failure of
delivery arising out of causes beyond our reasonable control and without our fault or negligence,
including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars,
embargoes, Internet disruptions, hacker attacks, or communications failures.
29.Survival. Those clauses the survival of which is necessary for the interpretation or enforcement of this Agreement shall continue in full force and effect in accordance with their terms notwithstanding the expiration or termination hereof.
30.U.S. Government End-Users. We provide the Services, including related software and technology, for ultimate federal government end use solely in accordance with the following: Government technical data and software rights related to the Services include only those rights customarily provided to the public as defined in this Agreement. This customary commercial license is provided in accordance with FAR 12.211 (Technical Data) and FAR 12.212 (Software) and, for Department of Defense transactions, DFAR 252.227-7015 (Technical Data – Commercial Items) and DFAR 227.7202-3 (Rights in Commercial Computer Software or Computer Software Documentation). If a government agency has a need for rights not conveyed under these terms, it must negotiate with us to determine if there are acceptable terms for transferring such rights, and a mutually acceptable written addendum specifically conveying such rights must be included in any applicable contract or agreement. Unpublished-rights reserved under the copyright laws of the United States.
Policy (collectively the "Website Terms and Conditions") constitute the entire understanding of the
parties with respect to this site and merges all prior communications, representations, and agreements.
The application the United Nations Convention of Contracts for the International Sale of Goods is
expressly excluded. This license is written in English, and English is its controlling language. If you
are located outside the U.S., then the following provisions shall apply: (i) Les parties aux presentes
confirment leur volonte que cette convention de meme que tous les documents y compris tout avis qui siy
rattache, soient rediges en langue anglaise (translation: "The parties confirm that this Agreement and
all related documentation is and will be in the English language."); and (ii) you are responsible
for complying with any local laws in your jurisdiction which might impact your right to import, export
or use this site, and you represent that you have complied with any regulations or registration
procedures required by applicable law to make this agreement enforceable.
Modifications Since February 22, 2016: none.
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