LAST UPDATE: May 19, 2009
- Acceptance of Terms
THESE TERMS CONTAIN CERTAIN INDEMNITIES, LIMITATIONS OF LIABILITY AND RESTRICTED WARRANTIES.
BY ACCESSING THE WEBSITE, YOU ARE DEEMED BY US TO HAVE READ, UNDERSTOOD AND AGREED TO BE BOUND BY AND TO COMPLY WITH THESE TERMS. IF YOU DO NOT AGREE WITH THESE TERMS, YOUR SOLE REMEDY IS TO DISCONTINUE YOUR USE OF THE WEBSITE.
- Electronic Communications
When you visit the Website or any pages thereof, send e-mails to Fly Fishing Canada, or submit information to Fly Fishing Canada, you are communicating electronically. You consent to receive communications from Fly Fishing Canada electronically. Fly Fishing Canada will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that Fly Fishing Canada provides to you electronically satisfies any legal requirement that such communications be in writing.
Copyright © 2008, Fly Fishing Canada. All Rights Reserved.
All Content on this Website, including, without limitation, text, documents, notes, case studies, brochures, graphics, logos, button icons, images, design elements, products, software, text, audio, music, and all other materials originated or used by us at the Website, is the property of Fly Fishing Canada or its content suppliers and protected by Canadian laws and international treaties. The compilation of all Content on this Website is the exclusive property of Fly Fishing Canada and protected by Canadian law and international treaties. You may not modify, copy, reproduce, publish, upload, post, transmit, distribute, or commercially exploit in any way any Content.
Fly Fishing Canada and the Fly Fishing Canada logos are trademarks of Fly Fishing Canada. Other Fly Fishing Canada graphics, logos, page headers, button icons, scripts, product names, and service names are trademarks or trade dress of Fly Fishing Canada. All other trademarks not owned by Fly Fishing Canada that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Fly Fishing Canada. The display of trademarks and trade names on this site does not convey or create any license or other rights in these marks or names. Any use of them is strictly prohibited. All Rights Reserved.
- License and Site Access
Fly Fishing Canada grants you a limited license to access and make personal use of this Website but not to download its Contents (other than page caching). This license does NOT include and expressly prohibits: (i) any resale or commercial use of this Website or its Content; (ii) any collection or use of any product listings, descriptions, or prices; (iii) any derivative use of this Website or its Content; or (iv) any use of data mining, robots, spiders, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold or otherwise exploited for any commercial purpose. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Fly Fishing Canada without our express prior written consent. You may not use any meta-tags or any other "hidden text" utilizing Fly Fishing Canadas name or trademarks without the express written consent of Fly Fishing Canada. Any unauthorized use terminates the permission or license granted by Fly Fishing Canada.
- Additional Terms
Your use of certain resources made available on the Website or your participation in certain transactions on the Website (such as on-line registrations for competitions or other purchases) may be subject to additional terms and conditions, which we will make available to you prior to or at the time you access these resources or conduct these transactions.
- Your Account
In the event you create or are provided with an account in order to utilize certain restricted portions of the Website, in consideration of permitting you access to such portions of this Website (the Service), you are responsible for providing true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data"). If you use the Service, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
- Risks inherent in attending Fly-Fishing Events
Fly Fishing events organized or sanctioned by Fly Fishing Canada, including without limitation national and regional fly fishing championships and conservation symposiums and clinics (each an FFC Event) take place in a natural environment - fly fishing and related travel involve risks, dangers and hazards resulting from many different circumstances, including but not limited to: water current, dangerous wading or boating conditions, errant fly casts, collision with natural objects, changing weather conditions, equipment faults and other circumstances not referred to herein but inherent in the hazards which may be encountered in such environments. By registering to participate in an FFC Event, you: (i) understand and accept the foregoing risks, which may cause or result in, without limitation, personal injury or death and damage to or loss of property; (ii) confirm that you do not have any physical, mental or other condition or disability that would create a hazard for you at the FFC Event; rather, you confirm that you are in good physical condition with no recurrent problems that could be aggravated by my participation in the FFC Event; (iii) assume responsibility for, and the risk of, personal injury, death or property damage or loss, as well as any rescue or other costs that may be incurred, resulting from or arising in connection with any participation in the FFC Event; and (iv) on behalf of yourself and your heirs, next of kin, executors, representatives, administrators and assigns, hold harmless and indemnify Fly Fishing Canada and all of its officers, directors, employees, workers, servants and agents and volunteers from any and all liability for any loss, costs, damage, personal injury, death, or expenses sustained by me or any third party which in any way arises out of, or relates to my participation in the FFC Event, however caused, natural or otherwise, other than by the gross negligence or wilful misconduct of Fly Fishing Canada.
- Third Party Sites and Products
Fly Fishing Canada may provide links to various third party websites solely as a convenience for our users and these terms DO NOT apply to such sites. These sites are not under Fly Fishing Canadas control or direction and Fly Fishing Canada has not reviewed them. Fly Fishing Canada does not endorse or sponsor, and is not responsible or liable for, the contents, products or services available at any such linked site or the practices of these websites (including without limitation, their privacy and data gathering policies and practices). You assume all risk of use thereof.
From time to time Fly Fishing Canada may offer third party products and services for purchase by users. These products and services are subject to the policies, representations and warranties that those third parties generally provide to their customers with respect to such products and services and Fly Fishing Canada provides no representations or warranties whatsoever regarding them.
- Disclaimer of Warranties and Limitation of Liability
THIS WEBSITE IS PROVIDED BY FLY FISHING CANADA ON AN "AS IS" AND "AS AVAILABLE" BASIS. FLY FISHING CANADA MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR ITS CONTENT. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, FLY FISHING CANADA AND FLY FISHING CANADAS SUPPLIERS DISCLAIM ALL WARRANTIES, CONDITIONS OR REPRESENTATIONS, EXPRESS OR IMPLIED, WRITTEN OR ORAL, ARISING BY STATUTE, OPERATION OF LAW, USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE AS TO THE WEBSITE OR THE CONTENT OF THE WEBSITE INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN PARTICULAR, AND WITHOUT LIMITING THE FOREGOING, FLY FISHING CANADA DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, THE CONTENT, OR E-MAIL SENT FROM FLY FISHING CANADA ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT ANY PRODUCTS OR SERVICES PURCHASED FROM THE WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR PROVIDE ANY PARTICULAR RESULTS.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL FLY FISHING CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, EVEN IF FLY FISHING CANADA OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO EVENT WILL FLY FISHING CANADA, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF FLY FISHING CANADA, EVEN IF FLY FISHING CANADA OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, IN NO CASE WILL FLY FISHING CANADAS, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS AND THEIR RESPECTIVE DIRECTORS, OFFICERS AND EMPLOYEES CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE MORE THAN THE AMOUNT PAID, IF ANY, BY YOU TO ACCESS THIS WEBSITE OR TO REGISTER FOR A FLY FISHING CANADA-SANCTIONED EVENT OR TO OBTAIN CONTENT, SERVICES OR PRODUCTS, IN THE YEAR IN WHICH THE CLAIM AROSE.
FLY FISHING CANADA ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS WEBSITE. THE CONTENT MAY BE CHANGED WITHOUT NOTICE TO YOU. FLY FISHING CANADA IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. FLY FISHING CANADA DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE.
You agree to indemnify and hold Fly Fishing Canada, and its subsidiaries, affiliates, officers, agents, partners, directors and/or employees, harmless from any actions, proceedings, costs, liabilities, expenses, claims or demands, including reasonable attorneys' fees, sustained, incurred or paid by Fly Fishing Canada arising directly or indirectly in respect of: i) any information or other content you provide on or through this Website or by e-mail or other correspondence; or ii) your use or misuse of this Website or its Content, including, without limitation, your violation of these Terms or your violation of any rights of another.
- Cooperation with Authorities
Fly Fishing Canada reserves its rights to disclose any information as necessary to satisfy any law, regulation, or governmental request or investigate suspected violations of these Terms, including the gathering of information from the user(s) involved and the complaining party, if any, and examination of material on Fly Fishing Canada servers and network. Violations of these Terms may subject you to criminal or civil liability or other legal action. You consent to and authorize Fly Fishing Canada, its affiliates and agents to cooperate with: (i) law enforcement authorities or governmental agencies in the investigation of suspected violations of applicable law; and (ii) system administrators or other Internet service providers or other network or computing facilities to enforce these Terms. Such cooperation may include provision of usernames, IP addresses, or other identifying information. Fly Fishing Canada may terminate, without notice, your access and use of the Website or the purchase of products and services from Fly Fishing Canada and/or its suppliers, if, in Fly Fishing Canadas sole discretion, you have violated these Terms.
- Event and Product Descriptions
Fly Fishing Canada attempts to be as accurate as possible. However, Fly Fishing Canada does not warrant that event or product descriptions or Content of this site is accurate, complete, reliable, current, or error-free.
Fly Fishing Canada reserves the right to change these Terms at its sole discretion and without notice. Changes are effective on the date they are posted (which you can determine by looking at the top of this page). Fly Fishing Canada recommends that you print a copy of these Terms for future reference and revisit these Terms from time to time to ensure you are aware of any changes. Your continued use of the site signifies your acceptance of any changed Terms.
- Governing Law
Fly Fishing Canada controls the Website (excluding third party linked sites) from its corporate offices within the province of Ontario, Canada. By visiting the Website, you agree that the laws of the Province of Ontario, Canada, without regard to principles of conflict of laws, will govern these Terms and any dispute of any sort that might arise between you and Fly Fishing Canada. Choice of law principles and the United Nations Convention for the International Sale of Goods and any legislation implementing such Convention are hereby expressly excluded. Fly Fishing Canada makes no representation that the Website or Content are appropriate or available for use in other locations. Accessing the Website or Content from jurisdictions where they are illegal is prohibited. If you choose to access this Website from such a jurisdiction, you do so at your own risk and are solely responsible for compliance with all the laws of your jurisdiction.
You agree to comply with all applicable laws, statutes, ordinances, and regulations regarding your use of the Website and its Content and your purchase of any products or services. The Content and/or products and services available through the Website may be subject to Canadian export controls.
You agree to waive any right you may have to: i) a trial by jury; and ii) commence or participate in any class action against Fly Fishing Canada related to this Website, the Content, Services or products or these Terms. We have required that this Agreement and all documents relating thereto be drawn-up in English. Nous avons demandé que cette convention ainsi que tous les documents qui sy rattachent soient rédigés en anglais.
In the event of termination of your access to or use of the website or its Content, the provisions respecting your representations, warranties and indemnities; Fly Fishing Canadas disclaimer of warranties and limitations of liability; governing law; copyrights; and trademarks will survive unless waived in writing by Fly Fishing Canada.
If any provision of these Terms will be unlawful, void or for any reason unenforceable, then that provision shall be deemed severed from these Terms, will not affect the validity and enforceability of any remaining terms and will be deemed to be replaced with a valid and enforceable provision most closely reflecting the intent and purpose of the original provision. The section titles are for convenience only. Our failure to enforce these Terms, for whatever reason, will not be construed as a waiver of any right to do so at any time.
- Basis of Bargain
The limited warranty, exclusive remedies and limited liability set out herein are fundamental elements of the basis of the bargain between us. We would not be able to provide the website or its associated products or services on an economic basis without such limitations.