- successfulflyfishing.com and Pishtech LLC have formed a joint venture for the purpose of offering the eBook “Successful Fly Fishing For Trout” and Real World Fly Fishing a PC game together as a bundled product.
- The two products compliment each other in that the fly fishing principles taught in “Successful Fly Fishing For Trout” can be practiced in the virtual “Real World Fly Fishing” fly fishing simulator.
- The information in “Successful Fly Fishing For Trout” is for informational purposes and is not intended to make you an expert fly fisherman by itself. The Real World Fly Fishing Game is designed for entertainment purposes even though many fly fishing principles can be practiced in the game.
- Purchasers of the special combination package agree that by purchasing both products as a special offer or bundled product, they will become customers of both successfulflyfishing.com and Pishtech LLC.
- The purpose of becoming customers of both products is to allow for update notices of each product which will occur at different times. Purchasers may also be notified of new product releases at different times, custom outings, new products, site improvements, newsletters or such other items.
- Pishtech LLC and its shopping cart vendor “1shoppingcart.com” are the payment processors for single sales of the eBook “Successful Fly Fishing For Trout” and for the bundled product from the Pishtech website. PayPal is the payment processor for sales from successfulflyfishing.com.
- Pishtech LLC and its shopping cart vendor “1shoppingcart.com” do have access to your financial information for the purposes of refund if one is requested.
- successfulflyfishing.com does not have access to your financial information on the Pishtech website. Successfulflyfishing.com has access to your PayPal information for purposes of refund if necessary.
- successfulflyfishing.com and Pishtech LLC do not spam, rent, barter, sell or trade your name, address, telephone number and email information to unauthorized parties. When you purchase the product you will be added to each venture partners email list.
- successfulflyfishing.com and Pishtech LLC are hereinafter known as the “Sites”.
- successfulflyfishing.com individually is hereinafter known as the or this “Website”.
- Any person who visits, views, subscribes to lists or newsletters, affiliates of or wholesalers of products displayed on either of successfulflyfishing.com or Pishtech LLC.
- Any person who has been denied service by “The Sites” and
- Continues to unlawfully view “The Sites” shall remain subject to the Privacy Polices collectively of “The Sites”
CHILD ONLINE PRIVACY PROTECTION ACT (COPA) OF 1998.
Children under 18 are not lawfully authorized to view or use “the Sites”. Children under 18 are not knowingly allowed to purchase products from “the Sites”. Persons buying products must make an affirmative statement on the Purchase Agreement they are 18 or older or otherwise a legal adult.
While it is not totally practical to exclude children under 18 from viewing or using “the Sites”, they are doing so unlawfully and may be subject to civil and criminal actions against them.
“The Sites”do not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe “the Sites” have any information from or about anyone under 13, please contact us at the addresses listed below.
“The Sites” encourage parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Information includes name, address, phone, school, personal pictures, pictures that could be used to identify work places, homes or schools, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Web site privacy policies. Know how your child’s information is treated.
Check out the FTC’s site for more tips on protecting children’s privacy online.
California Online Privacy Protection Act Of 2003 (OPPA)
Under the terms of the Purchase Agreement, you have no right to view or general access to or to receive any information about out database. Period. If a court order requires or under advice of counsel, this “Website” or the “Sites” to divulge information, the requesting party must comply with whatever information is demanded by this “Website” or the “Sites” to insure that this “Website” or the “Sites” is / are releasing information to the correct party. Other provisions of the OPPA may exempt this “Website” or the “Sites” from complying.
You may request changes to your personal information maintained by this “Website” by using our contact form. You may request changes to your personal information maintained by Pishtech LLC via their support email. support[at]pishtech.com (copy-paste to your email client and replace [at] with ampersand @ ). Pishtech LLC reserves the right to maintain your financial information supplied by you when you purchase a product from Pishtech LLC as long as Pishtech LLC remains in business.
Data Security — We take measures to ensure that outside parties do not have access to any information we have about you, but we do not warranty that outside parties will not breach our systems and thus have access to your information. Pishtech LLC and 1Shoppingcart.com do have access to the financial information you provide during the purchase process including your credit card number. Such information is necessary to process payment and allow delivery of product to you. Such information may also be used to process refunds if necessary.
How we gather information from users
You must assume that any web-viewing or web-use activity is monitored, tracked, and information collected. The “Sites” collect information about your computer, your email address, your IP address. This information is not usually of a personal nature, but it may help define your viewing habits and product preferences even though the “Sites” may or may not have any idea who you are.
How “the Sites” collect and store information depends on which page you are visiting, any forums, bulletin board, chat room or other activities in which you elect to participate and the services provided.
- Information gathered from the “Successful Fly Fishing For Trout” Contact Page includes your name and email address. Your Internet Protocol address (IP address), any other information you enter into the form.
- By ordering the Christmas Special of “Successful Fly Fishing For Trout” eBook and the Real World Fly Fishing game bundled product, you agree to become customers of both successfulflyfishing.com and Pishtech LLC known as the “Sites”
- Online Ordering of either the individual eBook or the bundled eBook and the Real World Fly Fishing Game is via secure SSL technology. Look for an “https” in the browser address bar to signify you are on a secure connection. Also a locked gold lock in the lower right corner of the browser if you are using Internet Explorer 6, or by the address bar for IE7 IE8, for Firefox — look for the locked lock in the lower right corner of the bottom status bar.
- The Order Information is used to process your payment and email you your product download link with any user and password information if required. Or to mail you your CDROM version of the game and to email you the download information for the “Successful Fly Fishing For Trout” eBook.
- Your email will be used to keep you informed of periodic updates to both products, special offers as they may occur, contests and sweepstakes and other news items or products of a similar nature “the Sites” think you may be interested in.
- “The Sites” will never sell, barter, trade or rent your name and email address to any unauthorized third party. Period.
- Forums and Message Boards — You will be required to establish a user identity and password to use the Real World Fly Fishing Forum Board. On the forum board are members who can assist you with learning the game and provide custom outings for Real World Fly Fishing.
- You may also be required to provide information for other forums, chat rooms, newsletters or other interactive areas of “The Sites” as exist or may be established in the future.
- The “Sites” may also collect information through the use of transparent electronic tools. The “Sites” may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit.“Cookies” is web terminology for bits of computer code placed on your hard drive. This computer code is in the form of small text files denoted by the txt file extension in the Cookies folder. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor use, to password protect use of the site or improve site navigation and / or interactivity. Cookies can also be used to obtain information about your computer configuration such as the browser you use or operating system or your use of your computer. Cookies may, among other things, store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site.Again, it may or may not be personal information, but it is information and by using the “Sites” you are expressly giving permission to use ‘cookies’ and to use the information gathered from theiruse to benefit you. You also give permission to collect, archive, retrieve, and use any information collected for product design, product offers to you, and general commercial solicitation purposes by this “Website”, “the Sites” or authorized joint venture partners, affiliates, and marketing organizations.In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your information, and we may not be able to customize the site’s features according to your preferences.
Customer Email or Testimonials
If you are a customer and send an email to either of the “Sites”, or if you communicate with the “Sites” by phone or mail, the “Sites” collect information about your communication and by communicating with the “Sites” you give your permission to collect, archive, retrieve, and otherwise use any information collected as the “Sites” see fit.
Any communication which, in their sole discretion, the “Sites” believe to be a testimonial, may be publicized for commercial purposes at the the “Sites” discretion.
Interaction with the “Sites” Advertisers, Banners, Popups, or Linked Sites
Visitors clicking on banners or pop-ups, hyperlinked advertising or hyperlinks to third party websites, appearing on the “Sites” must assume that information is being collected about them. The “Sites” are not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) third party sites will have their own terms of service, privacy and data collection policies, (3) that ‘cookies’ will usually be placed on their hard drive, (4) the “Sites” do not have any control over what happens with this information, (5) the “Sites” take no responsibility over the accuracy or content of advertisers, (6) the “Sites” are not responsible for downloads from third party advertisers that contain viruses, worms, trojans, or other computer code that causes their computer or software harm, (7)the “Sites” are not responsible for downloads of the “Sites” products from third parties that contain viruses, worms, trojans or other computer code that cause their computer or software harm where the third party or unknown parties have modified the “Sites” products and (8) the “Sites” assume no responsibility for any data that is gathered from the click itself or that the advertiser collects.
You assume all responsibility for checking the applicable privacy and other policies of those third parties when providing information on a feature or page operated by a third party.
Referring Email or URLs
When or If you refer an email about the “Sites” or send the URL(s) of one or more of the “Sites” web pages to a friend(s), you must assume some information is collected about your IP address, your email address and the email address of your friend(s). You must assume that any referred emails or web pages of the “Sites” will appear to come from your email. You must assume full responsibility for referring the “Sites” web pages or emails to a friend(s). You agree to indemnify the “Sites” for any damage whether intentional or unintentional that results from said referrals.
Information Obtained from Surveys or Polls
Unless otherwise specified in the survey or poll, any information supplied by any visitor, customer, affiliate or subscriber to the “Sites” becomes the property of the “Sites” and may be used for general commercial solicitation purposes, site design, product design or improvement and such information may be shared with affiliates, joint venture partners or other marketing organizations at the discretion of the “Sites”.
Bulletin Boards, Forums, Chat Rooms or Chat Software
Visitors, subscribers, affiliates or customers who use the “Sites” public or private forums, bulletin boards, chat rooms, instant messaging software or chat software supplied do so at their own risk. You agree and understand the “Sites” do not monitor these services or protect you from any information you post publicly or share with anyone via these services or software(s).
You agree to indemnify the “Sites” for any damage to your computer or software from any custom outings, custom flies or other custom items you download from the Pishtech LLC private forum board or from successfulflyfishing.com and install said items on your computer.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any copyright, trademark, service mark, proprietary or other rights of third parties.
The “Sites” also reserve the right to ban any member(s) of any Bulletin Board and Public or Private Forum that in our absolute discretion is considered to use offensive language, promote racial or hate material, engage in stalking another member or otherwise offend other members of the Forum(s) or Bulletin Board(s).
Spam or UCE (Unsolicited Commercial Email)
By providing to the “Sites” information that forms the basis of communication with you such as a name, email address or physical address, you agree and waive all rights to file spam complaints concerning email or spam or unsolicited regular mail from the “Sites”. By supplying such information you agreed to receive communication from the “Sites” or other authorized marketing organizations. However, all email communications shall contain an ‘unsubscribe’ link where you can notify the “Sites” that you no longer wish to receive communications from the “Sites” and your name and email will be removed from the general database of successfulflyfishing.com and / or Pishtech LLC depending on the database(s) your information is in.
The “Sites” take measures to protect the data containing information related to you. As a consideration for interacting with the “Sites” in any manner, you agree to waive any and all claims of any nature against the “Sites” concerning loss, misuse or alteration of information. You must assume it is possible for your personal information to be obtained by others such as ‘Hackers’ and used in inappropriate ways that may cause you harm. You agree the “Sites” are not responsible for damages to you.
Any personal information you post on the “Sites” Bulletin Boards, Public or Private Forums, Chat Rooms, Instant Messaging or Chat Software supplied is available to other forum members or parties to a Chat. Such personal information may be used to spam you or send you other unsolicited offers. Such “Postings” by you are beyond the control of the “Sites”. You agree to assume full liability for such postings and indemnify the “Sites” for any damage or legal action brought against the “Sites” as a result of your Postings.
Disclosure Of Personal Information
Personal and financial information requires disclosure to your Credit Card Company by our payment processing company or to PayPal by you for processing of payment transactions. Third Party Companies (such as web hosting or autoresponder companies like Aweber.com) that provide technical support for “the Sites” may need access to your name and email to assist in resolving technical problems.
In addition, from time to time as we continue to develop our business, we may sell our business, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, when we believe we are reasonably required to do so by law. We may also disclose your personal information in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to any disclosure in such cases.
Disputes and Governing Law
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association and its rules are available from its website https://www.adr.org/ or from the main office at Corporate Headquarters; 1633 Broadway, 10th Floor, New York, New York 10019 212-716-5800 Fax: 212-716-5905 and its forms are available from its website https://www.adr.org/rules-forms-fees/. Arbitration may also be conducted online via the online arbitration facilities of the American Arbitration Association.
All hearings related to successfulflyfishing.com will take place in Denver, Colorado.
All hearings related to Pishtech LLC will take place in La Crosse, Wisconsin or the closest place for arbitration.
In no case shall the Visitor, Customer, Affiliate, Wholesaler or Subscriber have the right to go to court or have a jury trial. Visitor, Customer, Affiliate, Wholesaler or Subscriber will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.
The prevailing party(s) shall be reimbursed by the other party(s) for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses and related expenses.
Jurisdiction and Venue
If any matter concerning the arbitration shall be brought before a court of law, pre- or post-arbitration, Visitor, Customer, Affiliate, Wholesaler or Subscriber of successfulflyfishing.com agrees that the sole and proper jurisdiction shall be Denver, Colorado. In the event of litigation in federal court, it shall take place in Denver Colorado.
If any matter concerning the arbitration shall be brought before a court of law, pre- or post-arbitration, Visitor, Customer, Affiliate, Wholesaler or Subscriber of Pishtech LLC agrees that the sole and proper jurisdiction shall be La Crosse, Wisconsin. In the event of litigation in federal court, it shall take place in La Crosse, Wisconsin or the closest federal court to La Crosse, Wisconsin.
Visitor, Customer, Affiliate, Wholesaler or Subscriber of successfulflyfishing.com agrees that the applicable law to be applied shall, in all cases, be that of the State of Colorado
Visitor, Customer, Affiliate, Wholesaler or Subscriber of Pishtech LLC agrees that the applicable law to be applied shall, in all cases, be that of the State of Wisconsin.
Effective Date: 9/8/2009