Terra Frma Guidebook, Action Plans and Disaster Deck
THIS PRODUCT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS. PLEASE READ THE FOLLOWING
TERMS CAREFULLY.
The information provided in the enclosed materials is a guide to dealing with disaster situations. It is intended
to increase your focus on and awareness of the safety and logistical issues presented by disaster situations. It
is for educational purposes only. It is not intended to be legal, medical, or other expert advice or services, and
should not be used in place of consultation with appropriate professionals.
The information we have included is not exhaustive. Every person, family, and disaster situation is different.
We have not covered every conceivable problem that a person or family could face or every kind of disaster.
You should consider what particularized problems you or your family may face in disaster situations because
of your location, disabilities, and other relevant circumstances and supplement these materials as necessary
to address them.
To the extent permitted by law, TERRA FRMA, LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY
AND FITNESS FOR PARTICULAR PURPOSE.
To the extent permitted by law, TERRA FRMA, LLC SHALL NOT BE LIABLE IN CONTRACT (INCLUDING WARRAN-
TY) OR IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAG-
ES WHETHER RESULTING FROM NON-DELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT
OR FROM DEFECTS IN THE PRODUCT. THIS EXCLUSION COVERS, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
USE, REVENUE, OR PROFIT; COST OF SUBSTITUTE EQUIPMENT; ADDITIONAL COSTS INCURRED BY DISTRIBUTOR;
AND CLAIMS BY BUYER’S CUSTOMERS OR OTHER THIRD PARTIES.
Some states do not allow the exclusion of incidental or consequential damages, so the above limitation may
not apply to you.
TERRA FRMA, LLC’S AGGREGATE LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE AND NOTWITH-
STANDING ANY FAULT, NEGLIGENCE—WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, OR
STRICT LIABILITY OF TERRA FRMA) FOR ALL LOSSES AND DAMAGES THAT ARISE UNDER THIS AGREEMENT
OR FROM ANY PRODUCTS OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED THE
AMOUNTS PAID TO TERRA FRMA, LLC UNDER THIS AGREEMENT FOR THE PRODUCT AT ISSUE.
Terms of Sale for Grab + Go Box
TERMS & CONDITIONS OF SALE
YOUR PURCHASE OF THIS PRODUCT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS (the Agreement). PLEASE READ THE FOLLOWING TERMS CAREFULLY. If you object to these terms, you may return the product within 14 days. YOUR USE OF THIS PRODUCT CONSTITUTES ACCEPTANCE OF THESE TERMS AND AGREEMENT TO BE BOUND.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
Section 1. Governing Law.
Except as otherwise stated herein, all disputes arising out of or related to this Agreement or the Product sold shall in all respects be exclusively governed by, construed, and interpreted under the laws of the State of Oregon, without regard to its conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods (1980) is specifically excluded and will not apply.
Section 2. Dispute Resolution & Arbitration.
Section 2.1. YOU AND TERRA FRMA ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS FROM TERRA FRMA, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
Section 2.2. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Consumer Arbitration Rules (the "AAA Rules") then in effect, except as modified by this Section 2. (The AAA Rules are available at www.adr.org/ or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The dispute will be handled by a single arbitrator. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the Agreement is void, voidable or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction.
Section 2.3. You may elect to opt out of this agreement to arbitrate and pursue your claim in small-claims court rather than arbitration if you provide us with written notice of your intention do so within 60 days of your purchase by sending a signed letter to PO Box 1711, Bend, OR 97709. The arbitration or small-claims court proceeding will be limited solely to your individual dispute or controversy.
Section 2.4. You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR TERRA FRMA WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
Section 3. Disclaimer of All Warranties.
The information provided in the enclosed materials is a guide to dealing with disaster situations. It is intended to increase your focus on and awareness of the safety and logistical issues presented by disaster situations. It is for educational purposes only. It is not intended to be legal, medical, or other expert advice or services, and should not be used in place of consultation with appropriate professionals.
The information we have included is not exhaustive. Every person, family, and disaster situation is different. We have not covered every conceivable problem that a person or family could face or every kind of disaster. You should consider what particularized problems you or your family may face in disaster situations because of your location, disabilities, and other relevant circumstances and supplement these materials as necessary to address them.
TO THE EXTENT PERMITTED BY LAW, TERRA FRMA LLC DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR PARTICULAR PURPOSE.
Section 4. Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, TERRA FRMA SHALL NOT BE LIABLE IN CONTRACT (INCLUDING WARRANTY) OR IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES WHETHER RESULTING FROM NON-DELIVERY OR FROM THE USE, MISUSE, OR INABILITY TO USE THE PRODUCT OR FROM DEFECTS IN THE PRODUCT. THIS EXCLUSION COVERS, WITHOUT LIMITATION, DAMAGES FORLOSS OF USE, REVENUE, OR PROFIT; COST OF SUBSTITUTE EQUIPMENT; ADDITIONAL COSTS INCURRED BY DISTRIBUTOR; AND CLAIMS BY BUYER’S CUSTOMERS OR OTHER THIRD PARTIES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
Section 5. Aggregate Liability.
TERRA FRMA’S AGGREGATE LIABILITY (WHETHER IN TORT, CONTRACT, OR OTHERWISE AND NOTWITHSTANDING ANY FAULT, NEGLIGENCE—WHETHER ACTIVE, PASSIVE, OR IMPUTED—PRODUCT LIABILITY, OR STRICT LIABILITY OF TERRA FRMA) FOR ALL LOSSES AND DAMAGES THAT ARISE UNDER THIS AGREEMENT OR FROM ANY PRODUCTS OR OTHER ITEMS FURNISHED UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNTS PAID TO TERRA FRMA UNDER THIS AGREEMENT WITH REGARD TO THE PRODUCT AT ISSUE, EXCEPT FOR LOSSES AND DAMAGES INVOLVING PERSONAL INJURY.
Section 6. No Waivers.
The failure by us to enforce any right or provision of this Agreement will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Terra Frma.
Section 7. Severability.
If any part of this Agreement is found to be void or unenforceable, then the remainder shall have full force and effect, and the invalid provision shall be partially enforced to the maximum extent permitted by law to effectuate the purpose of the Agreement.
Section 8. Entire Agreement.
This Agreement contains the entire understanding between the parties concerning the Product and merges and supersedes any and all prior representations and agreements, including any oral representations. No amendment, modification, or waiver of this Agreement will be valid unless set forth in a written agreement signed by Terra Frma and Buyer.