Terms of Use

PARTIES TO THE TERMS OF USE AGREEMENT

Visitors, viewers, users, subscribers, affiliates, or customers as defined in the Privacy Policy, collectively referred to herein as “Visitors,” are parties to this agreement.  The website (successfulflyfishing.com) and its owners and/or operators are parties to this agreement, herein referred to as “Website.”

You should carefully read the Terms of Use and the Privacy Policy before viewing, using, interacting with or purchasing products from our “Website” (successfulflyfishing.com). By viewing, using, interacting with or purchasing products from our “Website”, you agree to be bound by the Terms of Use and the Privacy Policy.  They are legally binding agreements.  If you do not agree with the Terms of Use or the Privacy Policy, you may not legally view, use, interact with or purchase products from our “Website”.

By viewing, using, interacting with any “Website” banner, advertising, popup, ezine, eCourse or purchasing products from our “Website”, you are agreeing to all provisions of the Terms of Use and the Privacy Policy of our Site.

Access to the “Website”

This “Website” Reserves The Right To Deny Access To any Person or Viewer for Any Reason.

EVEN THOUGH THE “WEBSITE” DOES NOT DISPLAY NOR HAVE PRODUCTS THAT ARE COVERED UNDER (COPA), THE “WEBSITE” DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE CHILD ONLINE PRIVACY PROTECTION ACT (COPA) OF 1998. 

Specifically children 13 and under are covered by the Child Online Privacy Act of 1998(COPA).  This “Website” does not knowingly allow children 13 and under; or others covered by COPA to visit, read, use, interact with or purchase products from the “Website”  The “Website” does not knowingly collect information from children 13 and under. (See our Privacy Policy).  When we are informed that the “Website” has collected information from children 13 and under, such information shall be removed from our databases and archives.

You agree our “Website” is provided on an “as is, as available” basis.

You agree you are 18 years old or older or are otherwise a legal adult in your state of residence and are able to enter into a contractual relationship with the “Website” to purchase products.

Website Content

The “Website” contains content that is covered by copyright, trademark, service marks, trade names and other intellectual rights owned by the “Website” or others.

All site design, text, graphics, interfaces, and the selection and arrangements thereof are ©2009, by Marshall Estes and successfulflyfishing.com aka the “Website”, ALL RIGHTS RESERVED. “Successful Fly Fishing for Trout” eBook is a copyright work ©2007 of Marshall Estes, ALL RIGHTS RESERVED.  Any other copyrighted, trademarked or service marked material on the “Website” is used with the permission of the owner(s) of such material.

No copyright, trademark, or any other intellectual rights shall be transferred to you through viewing, using, interacting with or purchasing products from this “Website”. You Visitor or Buyer if you purchase the product do not have the right to copy or create derivative works from “Successful Fly Fishing for Trout” eBook or the “Successful Fly Fishing for Trout” eCourse.

Any other use of materials on this site, including modification, distribution, or republication, linking to or framing of this “Website” without prior written permission of successfulflyfishing.com and Marshall Estes, is strictly prohibited.

Subject to the above, you may not modify, copy, distribute, redistribute, republish, upload or frame any of the material on our “Website” without our prior consent in writing. You agree to immediately remove or un-frame such material immediately on notification or be subject to legal action against you.

Further if you do not remove or un-frame such material of the “Website” from your website after notification, you agree to pay the “Website” liquidated damages in the amount of “$50,000” to the “Website” and its owners and operators.
To request permission contact us.

Purchase of Products from Website

Buyer understands and agrees that successfulflyfishing.com will not have access to any financial information supplied to any 3rd party payment processor with exception of PayPal.  If products are purchased through PayPal, Website will have access to credit card information necessary for refunds.  Buyer has right to examine the product for 60 days.  Buyer agrees that they will make a determination during the 60 day refund period if the product or products are as described and to decide if the Buyer wants to keep the product or products.

Buyer retains Right to notify successfulflyfishing.com, any joint venture partners and payment processor(s) at all times that Buyer no longer wishes to receive contact from Seller or from payment processor by using the ‘unsubscribe’ link in communications, by use of notice delivered to contact addresses or via use of contact forms or via regular email or regular mail. Buyer retains Right at all times to notify Seller, that Buyer wishes to be removed from a general contact database via contact process. Buyer agrees they retain all rights and obligations for restricting all communications from any party including Seller and/or the “Sites” as defined in the Privacy Policy.

Buyer understands and agrees that when you purchase products from this “Website”, the download link will be active for 24 hours only unless stated otherwise. You are allowed to download one copy of “Successful Fly Fishing for Trout” eBook or the Bundled Product(s) to one computer for non-commercial purposes only, unless otherwise stated in the readme file or in the book.

Buyer agrees that they are not allowed to copy any product CD version for resale or redistribution. Buyer understands and agrees they are not allowed to “Hack”, reverse engineer, dissemble, alter, claim Authorship, or Developer rights to “Successful Fly Fishing for Trout” eBook or other products sold on this “Website”.

Termination of Buyers Right to View or Use Product — Buyer agrees their Ownership Rights in the product or products purchased will terminate upon refund of the purchase price. Buyer’s Right to View or Use any installed product also terminates upon refund of the purchase price unless stated otherwise in the offer to purchase.

Removal of Digital Products — If the product or products purchased were digital, the Buyer agrees to remove them from the Buyer’s hard drive upon refund of the purchase price unless stated otherwise in the offer to purchase.

Physical Products — If the product or products ordered were physical such as a CD or other physical product, the Buyer agrees to return the product to the shipping address provided with the product. Burden of Proof for return to the shipping address rests with the Buyer.

Examination Period — Buyer agrees to examine and try the product or products during the refund period.

Determination of Product and Acceptance — Buyer agrees that they will make a determination during the 60 day refund period if the product or products are as described and to decide if the Buyer wants to keep the product or products.

Failure to Contact Seller — If the Buyer fails to contact the Seller during the 60 day refund period, the Buyer agrees Seller may interpret silence or non-contact as a full, complete and final acceptance of the product or products with no further right of redress or refund of any kind due the Buyer.

Buyer agrees Seller may maintain name, email contact or physical address resulting from the sale of products in its database.

Seller or the “Sites” retain the right, in perpetuity, to contact Buyer about information related to the product or products purchased or for legal purposes.

Credit Card Charges and Credit Card Fraud

This website and the “Sites” as defined in the Privacy Policy do prosecute Credit Card Fraud.

Buyer warrants that he or she, is over 18 years of age, is not subject to the Child Online Privacy Act, is of legal age or is otherwise a “legal adult” and is able to enter into contractual agreements in the state or location of residence in which he or she is present when he or she makes this purchase, and is the true and authorized owner of the credit card used to make this purchase.  If the true and authorized owner of the credit card, commits actual fraud or attempts to commit fraud upon the Seller or its Payment Processors, he or she authorizes each credit card company or merchant service provider to disclose to the Seller all information that could be considered as proof of credit card fraud.

Any Buyer attempting to or perpetrating a fraud against the Seller and/or its Payment Processors, involving the use of a credit card gives authorization to the Seller and/or its Payment Processors to access all credit information about the Buyer from credit reporting agencies or any relevant information from any source about fraudulent practices of the Buyer.  Further Buyer gives authorization to Seller and/or its Payment Processors to reveal such information discovered to credit reporting agencies, credit card companies, merchant service providers and law enforcement agencies.

Buyer agrees that if he or she uses trickery to receive more than one refund or causes a fraudulent dispute claim resulting in chargeback against the Seller’s account, the Seller is authorized to re-charge the Buyer’s credit card used to make the original purchase to the extent necessary to put the Seller in the same position Seller occupied before such trickery or fraudulent claim. (i.e. Make the Seller whole.).  In addition to any actual damages, Buyer agrees to pay to the Seller liquidated damages in the amount of US $5,000 for each separate fraudulent action Buyer commits.

Guarantees and Warranties

The product or products are sold ‘as is’.  No Warranty or Guarantee of any kind, either express or implied, as to fitness, merchantability or purpose of any kind is offered. There is a 60 day Refund period. Period.

In the event Buyer claims the product or products purchased are defective, the sole remedy the Buyer has is to accept a replacement product or products as purchased or a refund of the purchase price paid. The period the Buyer has to determine if the product or products is/are defective and request a replacement or refund is 60 days from the date of the download order or 60 days from the date a physical product order is shipped. During the 60 evaluation period, the Buyer may request a replacement product in lieu of a refund but Seller is under no obligation for any reason to do more than refund the purchase price.

If the sales or promotional material are in conflict with the ‘as is’ warranty, the sales and promotional material are incorporated into this agreement and shall be controlling.  In no case, shall any warranty period be considered to be longer than the refund period.

If the Buyer purchases products through this website, that are provided by a third party, the Buyer must look to the supplying third party(s) for any additional guarantees or warrantees. Buyer understands and agrees any warrantees if offered through this website are short, restrictive and extremely limited.

Assumption of Risk

Buyer agrees to accept all risk associated with the use of this product or products, including but not limited to application to Buyer’s or other’s person, use of the product personally, all taxes and regulations applicable to this product or products and all legal compliance issues related to this product or products.  Buyer explicitly understands and agrees, the Seller is disclaiming all liability from harm of any kind directly or indirectly caused by this product or products.  See the Terms Of Use Disclaimers for additional Assumptions of Risk. As part of the consideration required to purchase this product, the Buyer agrees to carefully review and test the product or products during the refund period and to immediately request a refund if the product or products are not satisfactory.

Disclaimers and Limitation on Liability

ALL ARTICLES AND MATERIAL DISPLAYED BY US ON OUR SITE ARE FOR INFORMATION ONLY AND ARE NO SUBSTITUTE FOR SPECIFIC ADVICE.

Fly Fishing is a relaxing and educational sport.  But like any sport, it has its dangers.  Wading in rivers or streams, climbing stream banks, hiking into fish high mountain lakes or casting a fly rod all day are physically strenuous activities.  Even though stream safety tactics are discussed in the Book, you agree explicitly to accept all responsibility for your own safety on the stream, while hiking, or on the lake or other place where fly fishing or fishing takes place or while spending time casting a fly rod.  You agree to wear or use all necessary appropriate safety gear such as a life vest, felt soled, felt soled with studs or appropriate aquastealth or vibram sticky rubber soled wading boots and use a wading staff as appropriate.  The “Website” as defined in the Terms of Use and “the Sites” as defined in the Privacy Policy affirmatively deny any liability for how you use the information in the “Successful Fly Fishing for Trout” eBook.

Before beginning any sport, you should have a Doctor’s examination as necessary.  The “Website” affirmatively denies any liability for the consequences of you having or not having a Doctor’s examination before beginning fly fishing.

Buyer affirms an understanding, that the Seller disclaims all liability for the product or products or for damages resulting from use, installation or reliance upon this product for any reason. Buyer alone accepts full responsibility for allowing others to use this product or products. Buyer understands and agrees that the Seller disclaims liability for any information contained in sales or other promotional materials or in the product or products themselves that is unintentionally misleading or incorrect and that might cause harm or damage to the Buyer.

Buyer understands and agrees that no matter what type of harm or damage that be actually or allegedly caused by the use or application of the product or products or from use of information contained in the product or products, whether directly or indirectly, for any reason whatsoever, the absolute maximum extent of the Seller’s liability shall be no greater than the purchase price paid for the product or products.

If Seller refers Third Party products or organizations to Buyer and Buyer decides to contact such Third Parties or purchase Third Party Products, Buyer understands and agrees, Seller disclaims any liability from Buyers interactions with Third Party websites or any damage caused by purchasing Third Party products.

Seller disclaims liability for Buyer’s interactions with advertisers, forums both public or private, bulletin boards, chat rooms or chat software which may be available from the “Website” or the “Sites” as defined in the Privacy Policy.  Seller disclaims liability for Buyer’s interaction with other visitors or members of this “Website” or the “Sites” as defined in the Privacy Policy.

“Successful Fly Fishing for Trout” eBook and associated digital products are tested to be free from trojans, viruses, worms or other harmful software.  This Website and the “Sites” as defined in the Privacy Policy specifically disclaim all liability for any and all damage to Buyer’s person or business by using the products purchased from this Website or the “Sites”, including harm to the Buyer’s computer hardware or software from worms, viruses, trojans or other defects in the product or any computer codes that cause harm.

Buyer expressly waives any and all claims for consequential, speculative, and unforeseeable damages resulting from the purchase or use of the product or products or from subsequent contact with Seller or Third Parties.

Buyer understands and agrees that no matter what type of harm or damage that be actually or allegedly caused by the use or application of the product or products or from use of information contained in the product or products, whether directly or indirectly, for any reason whatsoever, the absolute maximum extent of the Seller’s liability shall be no greater than the purchase price paid for the product or products.

Right to Publish Submissions

Buyer agrees the Seller may publish for commercial use any full or partial content, except financial information, from any contact with the Buyer at the Seller’s sole discretion.

Seller’s Right to Stop Selling or Servicing Product or Products

Buyer agrees the Seller has the right to discontinue the product or products or to cease any updates to the product or products at any time subject only to the 60 day refund policy, without notice.

Notice Regarding Product Purchase

Buyer agrees to receive any Notice of Changes, Litigation, Service of Process or Cancellation, Termination or Modification of the product or products at the email address provided to Seller on the ordering page.  Furthermore, Buyer agrees the right to contact Buyer concerning any legal notice shall not be terminated by previously submitted “unsubscribe” notices to Seller.  Buyer specifically agrees any notification to cease contact shall not be binding on the Seller in regards to Notice of Changes, Litigation, Service of Process or Cancellation, Termination or Modification of the product or products. Further Buyer grants to the Seller the right to contact him or her via mail or telephone concerning any of these issues irrespective of any other rights the Buyer has to sever contact with the Seller.

Waiver of Breach

What this means is the Seller’s waiver or failure to enforce any provision, term or condition of this Terms of Use Agreement shall not be interpreted as a modification or an amendment to this agreement or constitute a waiver of other breaches.

Sellers Contact Information

Contact Us

successfulflyfishing.com
C/O Marshall Estes
4074 S. Atchison Way Unit 302
Aurora, CO  80014

 

Bulletin Boards, Public or Private Forums, Chat Room or Chat Software

Bulletin Boards, Public or Private Forums, Chat Rooms or Chat Software are not monitored by this “Website”.  We DO NOT SCREEN, EDIT NOR APPROVE POSTINGS OR CHATS PRIOR TO THEIR APPEARANCE.  Such postings do not necessarily reflect our views.  See the Privacy Policy for additional information related to Bulletin Board, Public or Private Forums, Chat Rooms, Chat Software and Postings.

Hyperlinked Websites

Hyperlinked Websites may be for informational purposes.  Such links are not endorsements of any products or services on such websites by us. We “the Website” and it’s owner, agents and joint venture partners accept no liability whatsoever for any products or services on such websites.

Other hyperlinked websites are for sales of our products, for sales of bundled products or for affiliate sales. This “Website” accepts no liability whatsoever for any failures on the part of our payment processor, joint venture partners, your Credit Card Company, PayPal, or for affiliate websites.

Data Collection

Under the terms of the Privacy Policy, this “Website” is allowed to collect and store data and information for the purpose of exclusion and many other uses related to the sale of products and operation of the “Website”

Parts Declared Invalid

Any part(s) of the Terms of Use declared invalid by a court of competent jurisdiction shall not affect any remaining portions.  Such remaining portions shall remain in full force and effect as if the invalid part(s) had been eliminated.

This Terms of Use agreement is governed by the laws of the State of Colorado without regard to principals of conflict of laws.

Notice

From time to time the Terms of Use or Privacy Policy may change. Such amended copies will be posted only on the site and the effective date of the change noted on the copy. You agree it is your responsibility to check the “Website” Terms of Use and “Privacy Policy” from time to time for any changes.

No additional notice of any kind for any reason is due Visitor. Visitor expressly warrants an understanding that the right to notice is waived as a condition for permission to view, use, interact with or purchase products from the “Website”.

Disputes

Violation of Intellectual Rights

If you have violated or threatened to violate, the intellectual property rights of successfulflyfishing.com, its joint venture partners, payment processors, and/or affiliates or wholesalers, SuccessfulFlyFishing.com and/or related injured parties may seek injunctive or other appropriate relief (via binding arbitration at the sole discretion of this “Website” and its owners or operators) or in any state or federal court in the State of Colorado, and you consent to exclusive venue and jurisdiction in the courts in the State of Colorado.

Other Disputes

We agree to agree to use binding arbitration for any other dispute, claim or controversy hereafter known as a “Claim” of any kind.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, that 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/fc_filing_forms  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.com, the “Websites” joint venture partner 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.

Criminal Actions

Hacking, using exploit code, php injection of code or any other hacking technique to deface, steal copyright material, use copyright names or material from this website or any website owned by Marshall R. Estes or associated companies without explicit written permission of Marshall R. Estes shall be considered a criminal act and not a civil act. Such acts shall be prosecuted to the full extent of the criminal statutes related to cybercrimes or other statutes as may pertain.

Jurisdiction and Venue

If any matter concerning the arbitration or other “Website” issue shall be brought before a court of law, pre- or post-arbitration, Visitor, Customer, Affiliate, Wholesaler or Subscriber of successfulflyfishing.com, the “Website” 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.

Effective Date: 8/10/2011

 

This Terms of Use Policy is copyright © 2009 by successfulflyfishing.com