TERMS AND CONDITIONS
Use of the Digital Media and products and services offered by the Company (“Products” or “Product”) are available to and may be purchased by only such individuals who are: (1) at least 18 years of age, and (2) capable of entering into enforceable and legally binding contracts. The Company, in its sole discretion, may, at any time and for any reason, deny and/or reject any order made by anyone. When you access the Digital Media, you: (1) certify you are at least 18 years of age, and (2) agree to provide true, accurate, current, and complete information when prompted by the Digital Media and/or Company to enter and/or disclose such information.
When you transact any business with the Company, including but not limited to your placing any order on through the Digital Media, you expressly acknowledge this Agreement is enforceable and legally binding, and provides the binding terms and conditions for your use of the Digital Media and the purchase of any Products. In submitting any order of any kind, or using the Digital Media to obtain information or for any other purpose, you expressly certify that you have read, understood, and agree to be bound by all of the Terms and Conditions herein and the Agreement.
You also expressly acknowledge and agree that this Agreement constitutes an enforceable, lawful, and valid “Click-Wrap” Agreement. Prior to receiving and/or processing any order for any Product, the Digital Media provides you with an on-screen message requiring that you expressly and affirmatively demonstrate your approval of this Agreement’s terms by clicking on an icon. Specifically, the Digital Media openly, clearly, and visibly displays this Agreement and, thereafter, requires you to “click” a box wherein you indicate that you have read, understood, and agree to be bound by this Agreement. Unless you affirmatively manifest your assent to the terms of this Agreement by “clicking” in the box, the Digital Media does not allow you to complete the order process or to submit any order. For your information, the Digital Media records an IP address when you click in order to “Click-Wrap” your order to verify that you completed and agreed to the foregoing “Click-Wrap” steps before you submit your order and any billing information. The Digital Media cannot accept any billing information until you have completed the Click-Wrap steps.
At this time Company does not offer any one-time purchase through its Digital Media.
Presently, the only Product offered by Company is a subscription which includes access to content and information available through the Digital Media as well as seasonal deliveries of flies, gear, etc. to name a few possible examples (“Subscription”). Company will charge you one time during the life of the Subscription. For example, for a yearly Subscription, you will be charged once a year. For a quarterly Subscription, once a quarter, etc. The available Subscription lengths and costs change from time to time and will be posted to the Digital Media. The Company will charge the credit/debit card on file with your account the retail purchase price amount as posted on the Digital Media at the time you enroll in a subscription and upon each automatic renewal period (e.g. yearly, quarterly, etc.). The subscription will renew automatically unless you cancel in writing. The notices on the Digital Media and in this Agreement may constitute the only notice of the Subscription delivery/billing schedule that will be provided to you from the Company, and no further notice will be sent to you. To cancel your Subscription, you may also send an email with the written subject heading “Cancellation” to email@example.com. In the event that your email fails to contain the appropriate subject heading, your cancellation may not be processed.
BILLING, PAYMENT, AND ELECTRONIC SIGNATURE.
As consideration for Company’s sale and delivery of Products to you, you agree to timely pay all sums due and owing. For your convenience and at your option, you may elect to pay with a credit card or debit card. As part of completing and submitting any order for Product through the Digital Media, you are required to click a box indicating your approval of the transaction. Such approval action includes verification that your name, address, and billing information are correct, and that you have read, understood, and agree to be bound by this Agreement.
You expressly acknowledge and agree that the Company may rely upon your click and submission of an order as confirming your agreement (1) to purchase the Products ordered and (2) to be bound by this Agreement.
You expressly acknowledge and agree that the Company’s reliance upon your click and submission is specifically sanctioned by the Uniform Electronic Transactions Act and the Electronic Signatures in Global and National Transactions Act. Both laws specifically preempt all state laws recognizing only paper and handwritten signatures. You expressly waive any claim and/or right purporting to require only paper and handwritten signatures, in favor of your click and submission as described herein.
Any and all Products you purchase from the Company are subject to the terms of this Agreement. For products that require shipment, any and all risk of loss or damage, and title for Products, pass to you upon the Company’s delivery of the Products to the carrier for your benefit.
REFUND POLICY AND PROCEDURE.
All sales are final once the Product is delivered by the Company to the carrier. However, the Company, in its sole discretion, may offer a refund of up to the purchase price for cancellations of Subscriptions completed within thirty (30) days of enrollment.
As stated previously, to cancel a Subscription, email firstname.lastname@example.org.
All of the content and material used in constructing this Digital Media and that you see and hear on this Digital Media is subject to United States and international copyright, trade dress, trademark and/or other intellectual property laws with all rights thereto held by Company. Use of any content or material on this Digital Media without prior written authorized by Company is strictly prohibited and may subject you to liability.
For purposes of these Agreement, “content and material” is defined as any information, communications, software, published works, photos, video, graphics, music, sounds, or other material that can be viewed or heard by users on our Digital Media and is owned by Company. You are granted the limited permission to use this Digital Media only as stated in these Terms.
Digital Millennium Copyright Act. Company has not taken and will not take content from you or any third party unless it has been assigned to Company pursuant to law. However, if you are a copyright holder and have a good faith belief that any content or materials posted on this Digital Media infringes your copyright, please send to us your notification of claimed infringement requesting the material to be removed or blocked. Your notice must contain the following: (a) Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works, including title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.; (b) Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the copyright holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material); (c) Your contact information so that we can make contact with you (including for example, your address, telephone number, and email address); (d) A statement that you have a good faith belief that the use of the material identified above in “b” is not authorized by the copyright owner, its agent, or the law; (e) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the copyright owner; and (f) Your signature. Prior to sending us notice, you may wish to consult a lawyer to determine your rights and legal obligations under applicable laws. Nothing here or anywhere on this Digital Media is intended as a substitute for qualified legal advice. You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from the Digital Media without liability to you or any other party.
USE OF DIGITAL MEDIA AND PRODUCTS
This Digital Media and Products are made available solely for your personal use. You may NOT use this Digital Media or any Product: (a) for any commercial purpose; (b) for any unlawful purpose; (c) to solicit others to perform or participate in any unlawful acts; (d) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (e) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (f) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, disability, or gender; (g) to submit false or misleading information; (h) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of this Digital Media or of any related or similar online or digital media or device, or the Internet; (i) to collect or track the personal identification information of others; (j) to spam, phish, pharm, pretext, spider, crawl, or scrape; (k) for any obscene or immoral purpose; or (l) to interfere with or circumvent the security features of this Digital Media or any related or similar online or digital media or device, or the Internet.
You may NOT resell or make commercial use of the Intellectual Property or Digital Media or any other information or data made available to your through your Subscription. You may NOT modify, adapt, translate or convert into another form any portion of the Intellectual Property or Digital Media. You may NOT copy, reproduce, download, display, perform, transfer, transmit or publish any of the content of the Intellectual Property by any means or in any form, other than for your own personal use. You may NOT access the Digital Media from any jurisdiction where doing so would be illegal. You agree to use this Digital Media and the Intellectual Property only for its intended purpose and in a manner that is authorized. Without intending any limitation of the above prohibitions, you agree to comply with all laws pertaining to privacy, data collection and protection, intellectual property, contract and other applicable laws, including but not limited to those laws in the jurisdiction in which you reside or from which you use the Intellectual Property or Digital Media, and you agree not to transmit any worms, viruses or any code of a destructive nature. We reserve the right to terminate your authorization to use the Intellectual Property or Digital Media should you violate any of the prohibited uses.
If you know of, or suspect, copyright or trademark infringement or other unauthorized or improper use of the contents of the Intellectual Property or Digital Media by others, including but not limited to uses for commercial purposes, please notify Company.
DISCLAIMER OF WARRANTIES.
ALL CONTENT, INFORMATION, MATERIALS, PRODUCTS AND OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU BY THE COMPANY AND THROUGH THE DIGITAL MEDIA, AND THE DIGITAL MEDIA ITSELF, ARE PROVIDED “AS IS” AND “AS AVAILABLE,” UNLESS OTHERWISE SPECIFIED IN WRITING BY THE COMPANY. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE DIGITAL MEDIA OR THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH, THE DIGITAL MEDIA, UNLESS OTHERWISE SPECIFIED IN WRITING BY THE COMPANY. YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE DIGITAL MEDIA AND ANY OF THE CONTENT, INFORMATION, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON, OR MADE AVAILABLE TO YOU THROUGH THE DIGITAL MEDIA, IS AT YOUR SOLE DISCRETION AND RISK.
THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF CONFORMANCE TO THE STANDARDS OF TRADE FOR THE PRODUCTS OFFERED THROUGH THE DIGITAL MEDIA, AND MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW. THERE ARE NO WARRANTIES WHICH EXTEND BEYOND THE DESCRIPTION ON THE FACE HEREOF.
LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
LIMITATIONS OF LIABILITY
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT THE COMPANY WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY PRODUCT, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, AND PUNITIVE DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING BY COMPANY. YOU ALSO AGREE THAT THE COMPANY’S SOLE LEGAL RESPONSIBILITY AND LIABILITY SHALL BE TO REFUND THE PURCHASE PRICE PAID TO COMPANY. THE COMPANY IS NOT RESPONSIBLE OR LIABLE IN ANY MANNER WHATSOEVER FOR YOUR INABILITY TO USE THE DIGITAL MEDIA OR TO USE THE PRODUCTS.
You agree to defend, indemnify, and hold Company (and its directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors) harmless from all liabilities, claims, and expenses, including attorneys’ fees that may arise from your use or misuse of the Digital Media or Products, your breach of this Agreement or your violation of any law or the rights of a third-party. We will provide notice to you promptly of any such claim, suit, or proceeding. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.
GOVERNING LAW, FORUM, AND DISPUTE RESOLUTION.
You expressly acknowledge and agree that Utah law governs this Agreement, and that the only appropriate forum for any action, dispute, or proceeding is in the State or Federal Courts located in Utah or Salt Lake counties.
For purposes of the Dispute Resolution Policy below, a “Dispute” is defined as any controversy, claim, dispute, or difference arising between you and the Company out of or relating to this Agreement, the Products, your transacting business with Company, or your use of the Digital Media in any way.
Dispute Resolution Policy: Any Dispute shall be resolved solely and exclusively by arbitration to be held in Utah, USA, by a single disinterested arbitrator and pursuant to Utah law. You expressly acknowledge that arbitration does not permit class action proceedings, and by entering into this Agreement, you expressly waive any right to participate in a class action proceeding, either as a representative, participant, or member, and you expressly agree to proceed in a non-class arbitration. Except as may be required to enforce an arbitration decision, you and the Company expressly waive any right to file any legal action in any other state or federal court or before any other tribunal, and any right to a trial by jury. Each party to such arbitration shall be responsible for its own attorneys’ fees and costs regardless of the outcome of the arbitration.
INTEGRATION, ACCEPTANCE, AND SEVERABILITY.
You expressly acknowledge and agree that you have read, understand, and agree to be bound by the terms and conditions of this Agreement. This Agreement constitutes the entire, complete, and only agreement between you and the Company as to your access or use of the Digital Media, your purchase and/or use of Products, and your transacting any business with the Company in any way. You expressly acknowledge and agree that this Agreement supersedes all prior or contemporaneous agreements, representations, warranties, or understandings, oral or written, and that you did not rely on any statements or representations outside of this Agreement.
The content of this Agreement, and the content, analyses, opinions, research, and any other information provided by or through the Digital Media, through customer service representatives, and/or through any other agent of the Company, may be updated or amended from time to time, in whole or in part, without specific notice to you. The latest terms of this Agreement will be posted on the Digital Media. Your continued access or use of the Digital Media, or receipt and acceptance of new Products shall constitute your acceptance of all of the terms and conditions posted at the time of those specific transactions. You agree to regularly check the Digital Media for such updates or amendments.
If any term or provision of this Agreement shall be deemed invalid, void, or for any reason unenforceable by a court or tribunal having authority and jurisdiction over the matter, that term or provision shall be deemed severable and shall not affect the validity and enforceability of any other term or condition.