General Terms & Conditions

for Purchases of Products from Wildlifelicense.com Sites

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY.

BY USING THIS WEB SITE, YOU AGREE TO THESE TERMS AND CONDITIONS. These terms and conditions of use may be changed in the future without further notice. Further, these terms and conditions apply exclusively to your access to, and use of, this Web site and do not alter in any way the terms or conditions of any other agreement you may have with ALS for products, services or otherwise.

Technical questions or comments about the ALS web site may be directed to the ALS Webmaster. Other communications should be directed as indicated below.

1. Introduction. This Web site is maintained and operated by ALS at least in part on a server located in Nashville, Tennessee, USA. While ALS has tried to provide accurate and timely information, there may be inadvertent technical or factual inaccuracies and typographical errors, for which we apologize. We reserve the right to make changes and corrections at any time, without notice.

2. Copyright. Except as otherwise indicated, all Web site materials, including but not limited to design, text, graphics, other files, and the selection and arrangement thereof, are the copyright property of ALS, ALL RIGHTS RESERVED. You may electronically copy and print hard-copy excerpts of this Web site (and materials here) only for non-commercial personal use, or non-commercial use within the organization that employs you, provided that the materials are not modified and all copyright or proprietary notices are retained. Any other use of the materials in this Web site-including any commercial use, reproduction for purposes other than described above, modification, distribution, republication, display, or performance-without the prior written permission of ALS is strictly prohibited.

3, ALS Software. Any ALS software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively "Software"), that may be made available on this Web site is licensed to you by ALS, and no ownership rights pass to you. You shall not copy, distribute, sell, modify, decompile, reverse engineer, disassemble or create derivative works from any Software.

4, Hyperlinks. ALS makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of Web sites accessible by hyperlink from this Web site, or Web sites linking to this Web site.

5. Trademarks. "Automated License Systems", ALS", the ALS logo, and the products and services described in this Web site are either trademarks, trade names or service marks of ALS and its licensors, or are the property of their respective owners. These marks may not be copied, imitated or used, in whole or in part, without the express prior written permission of ALS. In addition, page headers, custom graphics, button icons, and scripts may be service marks, trademarks, and/or trade dress of ALS, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of ALS.

6. Changes. ALS reserves the right to change any and all content contained on this Web site at any time without notice. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by ALS.

7. Termination. Notwithstanding any of these Terms and Conditions, ALS reserves the right, without notice and in its sole discretion, to terminate your license to use this Web site, and to block or prevent future access to and use of this Web site.

8. Severability. If any provision of these Terms and Conditions shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.

9. General. It is agreed that the sales of Products or services, which are defined as those products or services currently offered for sale on the ALS wildlifelicense.com website (the "Website"), are expressly made on the terms and conditions contained in this Agreement, and to the extent of any conflict these shall take precedence over any terms and conditions which may appear on the purchase order of Purchaser ("BUYER") or any other document unless expressly adopted by ALS ("SELLER") in writing. Any proposal for additional or different terms or any attempt by BUYER to vary in any degree any of these terms is hereby objected to and rejected. BUYER's acceptance of and/or payment for the Products or services covered herein shall constitute an acceptance of these terms and conditions. If a product or service sold on the Website is a hunting or fishing privilege from a State contracted with ALS to provide license sale and delivery services, BUYER'S right to purchase the desired privilege is subject to the applicable State's license eligibility and availability rules and regulations, which are available in full or in part via links to the State's web site or otherwise from the State, and in any event are expressly incorporated herein. The ALS wildlifelicense.com web site is a portal through which BUYER may access the online license sales sites operated by States or their contractors. Some of the online license sales sites are operated by ALS (for Louisiana, Tennessee, and Wisconsin at this time, and for Minnesota and Missouri in the near future). Other of the sites are not operated by ALS but links to those sites are provided as a convenience to BUYER. The rules and regulations described herein are expressly applicable to purchases made on the ALS-operated sites only. Any purchases made by BUYER on any other site are subject to the terms and conditions imposed by that site.

10. PAYMENT TERMS

10.1. Credit Card Sales: Payment for items purchased on the Website may be made by BUYER with credit card if such credit card is currently accepted as described on the site. Such payment terms are extended to those customers authorized by the credit card merchant acquirer bank used by SELLER. All credit card purchases are subject to the terms and conditions of the BUYER's credit card issuer and the terms and conditions herein, and are processed in accordance with the rules and regulations applicable to the credit card payment processing industry.

10.2. Electronic Check Sales: Payment for items purchased on the Website may be made by BUYER with a valid checking account via the provision of a check number and valid bank routing information. Such payment terms are extended to those customers authorized by the electronic check merchant acquirer bank used by SELLER. An electronic check shall for all purposes be deemed a negotiable instrument tendered to ALS as a holder in due course. ALS shall have all legal rights accorded to the holder in due course of a negotiable instrument, specifically a check drawn on the financial institution where BUYER maintains an account.

11. DELIVERY TERMS

11.1. All items purchased by BUYER on the Website that are required to be mailed (some items purchased may not require a document to be mailed, but rather will permit a confirmation page -or license document in PDF or some other image format to be printed at BUYER'S location) will be mailed by SELLER by the end of the next business day after purchase via United States Mail, first class, to the address for mailing furnished by BUYER. In some cases, express delivery service may be offered. If BUYER chooses an express delivery option, BUYER agrees to pay the extra fee for express delivery via the same method of payment as for the license privileges and convenience fees.

11.2. Risk of loss will pass to BUYER upon mailing or tender to express delivery courier. SELLER takes no responsibility for performance of the United States Postal Service or the express delivery courier.

12. CANCELLATION, RETURNS AND EXCHANGES

12.1. All purchases made by BUYER from the Website are final. No voids or refunds will be processed unless a sale was made in duplicate or in error due to malfunction of the Website.

13. WARRANTY

13.1. SELLER warrants that it has good and lawful right to sell the products, services, or privileges offered on the Website and that privileges sold by SELLER are valid for use in the applicable State of purchase subject to the State's rules and regulations pertaining thereto, which are incorporated herein.

13.2. SELLER EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, AND OF ALL OTHER OBLIGATIONS OR LIABILITIES ON SELLER's PART. SELLER NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR SELLER ANY OTHER LIABILITIES IN CONNECTION WITH THE SALES OF SAID PRODUCTS. SELLER DOES NOT REPRESENT OR WARRANT THAT MATERIALS IN THIS WEB SITE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. SELLER DOES NOT REPRESENT OR WARRANT THAT THIS WEB SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

14. LIMITATION OF LIABILITY

14.1. BUYER's exclusive remedy and SELLER's total liability for any and all losses and damages from any cause whatsoever arising from or related to this contract (whether such cause be based in contract, negligence, strict liability, tort, or otherwise) will in no event exceed the purchase price of the products, services or privileges purchased by BUYER on the Website.

14.2. IN NO EVENT WILL SELLER BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES OR DAMAGES.

15. FORCE MAJEURE

15.1. SELLER will not be liable to non-performance or delays caused by acts of God, wars, terrorist acts, riots, strikes, fires, natural disasters, shortages of labor or materials, labor disputes, governmental restrictions or any other causes beyond its reasonable control.

15.2. In the event of any such excused delay or failure of performance, the date of delivery will be deferred for a period equal to time lost by reason of the delay.

16. DISPUTE RESOLUTION

BUYER and SELLER agree that any disputes or claims arising under this agreement shall be resolved through alternative dispute resolution means in the following manner:

16.1. Initially the parties shall engage in non-binding mediation. Mediation shall be held in Nashville, Tennessee, or such other site as is mutually agreed upon by the parties. The mediator shall be jointly appointed by the parties and shall have expertise in commercial dispute resolution.

16.2. In the event the dispute or claim is not satisfactorily resolved through mediation within 90 days of notice of such claim or dispute by a party, the parties agree to submit such dispute or claim to binding arbitration. Arbitration shall be held in Nashville, Tennessee, or such other site as is mutually agreed to by the parties. The commercial arbitration rules of the American Arbitration Association shall apply. Any judgment, decision, or award by the arbitrators shall be final and binding on the parties and may be enforced in any court having jurisdiction over a party against whom any such judgment, decision, or award is to be enforced. The parties hereby waive any claim under state or federal law or constitution which purports to otherwise give a party the right to appeal an arbitrator's judgment, decision or award.

16.3. The parties shall bear their own costs and expenses (including attorney's fees) for any mediation or arbitration, unless otherwise directed by the mediator or arbitrator.

17. MODIFICATIONS

These terms and conditions constitute the entire agreement between the parties relating to the sale of the products or services described in our quotation, and no addition to or modification of any provision herein, by way of changes to the drawings, designs, specifications or delivery schedule shall be binding upon SELLER unless made in writing and signed by a duly authorized employee of SELLER. BUYER has not relied on any representations, oral or written, except as are made in or expressly referenced by this document or SELLER's quotation.

18. GOVERNING LAW.

These terms and conditions shall be governed by and construed in accordance with the laws of the State of Tennessee, applicable to agreements made and entirely to be performed within such state, without resort to its conflict of law provisions. By accessing and/or placing orders under this Web site, you acknowledge that you have read, understood and agreed to be bound by these Terms and Conditions and by all applicable laws and regulations, including U.S. Export control laws and regulations. Visitors who do not agree with these Terms and Conditions should not access or place orders through this Web site. You agree that any action at law or in equity arising out of or relating to these Terms and Conditions shall be filed only in the State of Tennessee located in State or Federal Court and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms and Conditions.