Terms of Service

Fly-Fishing-Colorado.com 
Terms of Service
8/10/2011
Revised

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE (the site or website). By using this site, you agree to these terms of use. If you do not agree to these terms, you should not use this site.

Fly-fishing-colorado.com reserves the right, at any time, to modify, alter, or update these Terms of Service.  Any such modifications or changes will be posted on this page.  By using the site or services offered by the site, you agree to be bound by such modifications, alterations, or updates.

Copyrights
All site design, text, graphics, interfaces, and the selection and arrangements thereof are ©2004-2008, by Marshall Estes and fly-fishing-colorado.com, ALL RIGHTS RESERVED. Permission is granted to electronically copy and to print hard copy portions of this site for the sole purpose of placing an order through fly-fishing-colorado.com or using this site as a shopping resource.

Any other use of materials on this site, including reproduction for purposes other than those noted above, modification, distribution, or republication, without prior written permission of fly-fishing-colorado.com, is strictly prohibited.

Trademarks 
All trademarks, service marks, and trade names (collectively the “Marks”) are proprietary to fly-fishing-colorado.com or other respective owners that have granted fly-fishing-colorado.com the right and license to use such Marks.

DISCLAIMER
Fly-fishing-colorado.com is engaged in the marketing of fly fishing tackle, books, dvds and related materials.  Unless otherwise noted, such products are owned by the the stated companies on the site.  Fly-fishing-colorado.com markets such products as an affiliate or associate of these companies.  We currently participate in the Google Affiliate Network (GAN), the Google Adsense Network, the Avantlink Affiliate Netwok or the Link Share network.  Our other focus is to provide reliable information about the sport of fly fishing.

When placing an order with any of these third party companies, we (this site) do not collect nor retain any personal information from you.  Any personal information supplied by you is to the the third party companies.  The companies we currently represent are Orvis and other companies in the GAN or Avanlink Affiliate Network. These companies may advertise through banners, text links or other such affiliate advertising shown on the Fly Fishing Colorado Blog or main website. Any Product Warranty offered is directly from the companies you purchase from and not from Fly-Fishing-Colorado.com unless explicity stated otherwise.

Products ordered through the Fly Fishing Colorado Fly Shop do not require the establishment of an account. But you are encouraged to set up an account for future purchases, for shipping, discount coupon and billing purposes. Financial information is retained by our payment processors on their secure servers.

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN “AS IS” BASIS .   TO THE MAXIMUM EXTENT PERMITTED BY LAW, fly-fishing-colorado.com, DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND MALICIOUS COMPUTER CODE OF SIMILAR NATURE AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. 

We (the Site) attempt to maintain current information from our vendors.  But Price and Availability information from vendors is subject to change without notice, fly-fishing-colorado.com, does not represent or warrant that the information accessible via this site is 100% accurate, complete, or current. It is the customer’s responsibility to read the product descriptions and prices offered by our vendors before ordering any product.

Fly-fishing-colorado.com does not offer any express or implied warranties that a particular product will meet a customer’s needs. Nor does fly-fishing-colorado.com offer any direct refunds except for products actually produced by fly-fishing-colorado.com or it’s staff. Any other refunds have to be received directly from the product manufacturer or third party vendor.

Sales Taxes
Per the requirements of recently passed Colorado Legislation HB1190 and HB1193 in February 2010, Fly-fishing-colorado.com is required to notify you, the visitor / customer, that we do not collect Colorado Sales Taxes on any affiliate sales fulfilled by a 3rd party vendor such as Orvis or other companies in the Google Affiliate Network or the Avantlink Affiliate Network.

We do collect sales taxes on Colorado Sales of physical or downloadable products sold through our own Fly Fishing Colorado Fly Shop.

Limitation on Liability 
IN NO EVENT SHALL fly-fishing-colorado.com, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES WHATSOEVER, EVEN IF fly-fishing-colorado.com HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THIS SITE.

THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

External Sites 
This site contains links to other sites on the Internet that are owned and operated by third party vendors and other third parties (the “External Sites”). You acknowledge that fly-fishing-colorado.com is not responsible for the availability of, or the content located on or through, any External Site. You should contact the site administrator or Webmaster for those External Sites if you have any concerns regarding such links or the content located on such External Sites.

Disputes and Governing Law
As part of your consideration for use, interaction or viewing of fly-fishing-colorado.com or purchasing products Visitors or Customers or Subscribers to fly-fishing-colorado.com website agree to use binding arbitration for any dispute, claim or controversy hereafter known as a “Civil Claim” of any kind (whether in contract, tort or otherwise) relating out of use of fly-fishing-colorado.com or Terms of Use issues or Privacy issues. 

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 http://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 http://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 fly-fishing-colorado.com will take place in Denver, Colorado.

 In no case shall the Visitor, Customer or Subscriber have the right to go to court or have a jury trial.  Visitor, Customer 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.

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.

Governing Law, 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, or Subscriber of fly-fishing-colorado.com, (i.e. 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. 

Governing Law
By accessing this web site, you agree that the laws of the State of Colorado, without regard to the conflict of laws and principles thereof, will apply to all matters relating to use of this web site. You also submit to the personal jurisdiction of Colorado and the venue of the state and federal Courts of Colorado. 

Revised 8/10/2011
See Disclaimer Paragraph
See Sales Tax Paragraph
See Criminal Acts Paragraph

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