|
NOTICE. The Columbia Sportfishing
Website (the "Website") is made up of various Web pages
maintained by Columbia Sportfishing. The Website is offered
to you conditioned on your acceptance without modification
of the terms, conditions and notices contained herein (the "Terms
and Conditions"). Your use of the Website constitutes
your agreement to all such Terms and Conditions.
MODIFICATION OF THESE TERMS OF USE. Columbia Sportfishing
reserves the right to change these Terms and Conditions
without notice. You are responsible for regularly reviewing
these Terms and Conditions. Your continued use of the Website
constitutes your agreement to all such Terms and Conditions.
PERSONAL AND NONCOMMERCIAL USE LIMITATION. Unless otherwise
specified, the Website is for your personal and noncommercial
use. You may not modify, copy, distribute, display, perform,
reproduce, publish, license, create derivative works from,
transfer, retransmit, or sell any information, software,
products or services obtained from the Website. You may
not use any computerized or automatic mechanism, including
without limitation, any Web scraper, spider or robot, to
access, extract and/or download any information from the
Web Site.
LINKS TO THIRD PARTY SITES. The Website may contain links
to Websites controlled or offered by third parties (non-affiliates
of Columbia Sportfishing). Columbia Sportfishing disclaims
liability for any information, materials, products or services
posted or offered at any of the third party sites linked
from the Website. By creating a link to a third party Website
Columbia Sportfishing does not endorse or recommend any
products or services offered or information contained at
such linked Website, nor is Columbia Sportfishing liable
for any failure of any products or services offered or
advertised at such linked Website. You are responsible
for viewing and abiding by the privacy statements and terms
of use posted at such linked Website. Any dealings with
third parties (including advertisers) included within the
Website or participation in promotions, including the delivery
of and the payment for goods and services, and any other
terms, conditions, warranties or representations associated
with such dealings or promotions are solely between you
and the advertiser or other third party. Columbia Sportfishing
shall not be responsible or liable for any part of any
such dealings or promotions.
NO UNLAWFUL OR PROHIBITED USE. As a condition for your
use of the Website, you agree that you will not use the
Website for any purpose that is unlawful or prohibited
by these Terms and Conditions. The Website is not intended
for distribution to, or use by, any person or entity in
any jurisdiction or country where such distribution or
use would be contrary to local law or regulation. You may
not use the Website in any manner which could damage, disable,
overburden or impair the Website, the networks connected
to the Website, or interfere with any other party's use
and enjoyment of the Website. You may not attempt to gain
unauthorized access to the Website, other accounts, computer
systems or networks connected to the Website by any means,
including without limitation, hacking or password mining.
You may not obtain or attempt to obtain any materials or
information through any means not intentionally made available
through the Website, including without limitation, through
the use of any Web scraper, spider or robot.
USE OF COMMUNICATION SERVICES. The Website may contain
email links, bulletin board services, guestbooks, mailing
lists or other communication facilities designed to enable
you to communicate with others (collectively the "Communication
Service"). You agree to use the Communication Service only
to post, send and receive messages and material that are
proper and, when applicable, related to the Communication
Service. You may not use the Communication Service to defame,
abuse, harass, threaten or otherwise violate the legal
rights of others. You may not use the Communication Service
to publish, distribute or disseminate any inappropriate,
profane, discriminatory, obscene, defamatory, indecent
or unlawful topic, message, material or information, or
to advertise or offer to sell or buy any goods or services.
Columbia Sportfishing has no obligation to monitor the
Communication Service, however Columbia Sportfishing reserves
the right to review materials posted to the Communication
Service and to remove any materials in its sole discretion.
Columbia Sportfishing reserves the right to terminate your
access to the Communication Service at any time, without
notice, for any reason whatsoever.
MATERIALS PROVIDED TO COLUMBIA SPORTFISHING. Columbia
Sportfishing does not claim ownership of any materials
you provide to Columbia Sportfishing (including feedback
and images) or post, upload, input, provide or submit to
the Website for review by members of the general public,
or by members of any public or private group (each a "Submission").
However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Columbia Sportfishing
and its agents permission to use your Submission in connection
with Columbia Sportfishing's operation of the Website and
its other businesses, including without limitation, the
right to copy, distribute, transmit, publicly display,
reproduce, edit, translate and reformat your Submission,
and to publish your name in connection with your Submission,
all without the payment of compensation to you in respect
of any such use of your Submission. You warrant and represent
that you own, or otherwise control, all of the rights to
your Submission, including without limitation, the rights
necessary for you to post, upload, input, provide or submit
your Submission.
NO RIGHT TO REDISTRIBUTE WEBSITE MATERIALS. You agree
that you will not redistribute, copy, amend, or commercially
exploit any materials found on the Website without Columbia
Sportfishing's express written permission, which permission
may be withheld in Columbia Sportfishing's sole discretion.
LIABILITY DISCLAIMER. THE WEBSITE AND ANY CONTENT OR SOFTWARE
CONTAINED THEREIN OR ACCESSIBLE THEREFROM, ARE PROVIDED "AS
IS". EXCEPT TO THE EXTENT REQUIRED BY APPLICABLE LAW, COLUMBIA
SPORTFISHING MAKES NO WARRANTIES OR REPRESENTATIONS OF
ANY KIND REGARDING: (A) THE UP-TO-DATENESS, ACCURACY, TIMELINESS
OR COMPLETENESS OF ANY INFORMATION CONTAINED WITHIN OR
AVAILABLE THROUGH THE USE OF THE WEBSITE, INCLUDING BUT
NOT LIMITED TO RATES; (B) CHARTER AVAILABILITY (C) ANY
INFORMATION PROVIDED BY THIRD PARTIES AND ACCESSIBLE ON
OR THROUGH THE WEBSITE. EXCEPT TO THE EXTENT REQUIRED BY
APPLICABLE LAW, COLUMBIA SPORTFISHING: (A) DISCLAIMS ANY
EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS, INCLUDING
WITHOUT LIMITATION, ANY WARRANTIES AS TO NON-INFRINGEMENT,
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; AND
(B) DOES NOT WARRANT THAT THE WEBSITE OR ANY CONTENT THEREIN
WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT DEFECTS WILL
BE CORRECTED.
THE USE OF THE WEBSITE AND COMMUNICATION SERVICES IS AT
YOUR OWN RISK, AND YOU ASSUME FULL RESPONSIBILITY AND RISK
OF LOSS YOU MAY SUFFER AS A RESULT OF USING, OR ACCESSING
THE WEBSITE OR COMMUNICATION SERVICES OR DOWNLOADING ANY
CONTENT THEREON. EXCEPT TO THE EXTENT THAT LIABILITY UNDER
ANY APPLICABLE LAW OR REGULATION CANNOT BE EXCLUDED: (A)
COLUMBIA SPORTFISHING IS NOT LIABLE FOR LOSS OR DAMAGE
OF ANY KIND WHATSOEVER ARISING AS A RESULT OF INFORMATION
PUBLISHED ON OR FURNISHED THROUGH THE WEBSITE, OR ANY ERRORS
OR OMISSIONS OF THE WEBSITE; (B) COLUMBIA SPORTFISHING
SHALL HAVE NO LIABILITY ARISING FROM ORDERS OR PURCHASES
OF THIRD PARTY GOODS OR SERVICES BASED ON INFORMATION PUBLISHED
ON OR FURNISHED THROUGH THE WEBSITE; AND (C) UNDER NO CIRCUMSTANCES
SHALL COLUMBIA SPORTFISHING OR ITS OFFICERS, DIRECTORS,
EMPLOYEES, AGENTS, VENDORS, SUPPLIERS OR DISTRIBUTORS BE
LIABLE UNDER THIS AGREEMENT TO YOU OR ANY THIRD PARTY FOR
ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL
LOSS OR DAMAGES OR ANY OTHER SIMILAR DAMAGES UNDER ANY
THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT
LIABILITY OR ANY OTHER THEORY), THAT ARE DIRECTLY OR INDIRECTLY
ATTRIBUTABLE TO THE USE OF, OR THE INABILITY TO USE THE
WEBSITE , OR ANY CONTENT CONTAINED THEREON, AND THE COMMUNICATION
SERVICES EVEN IF COLUMBIA SPORTFISHING HAS BEEN INFORMED
OF THE POSSIBILITY THEREOF. IF YOU ARE DISSATISFIED WITH
ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS
OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USE OF THE WEBSITE.
INDEMNITY. You agree to indemnify and hold COLUMBIA SPORTFISHING,
its parent, subsidiaries, affiliates, directors, officers
and employees, harmless from any claim, demand, or damage,
including reasonable attorneys' fees, asserted by any third
party or arising out of your use of, or conduct on, the
Website.
COPYRIGHT. The WebSite is protected by copyright law and
international treaty provisions and may not be copied or
imitated in whole or in part. No logo, trademark, graphic
or image from the Website may be copied or retransmitted
without the express written permission of COLUMBIA SPORTFISHING.
COLUMBIA SPORTFISHING and all associated logos are trademarks
or registered trademarks of COLUMBIA SPORTFISHING and may
not be copied or transmitted without the express written
permission of COLUMBIA SPORTFISHING.
GENERAL. Your use of the Website shall be governed by
all applicable Federal laws of the United States of America
and the laws of the Commonwealth of Massachusetts. Certain
sections or pages of the Website may contain separate terms
or conditions. In the event of a conflict, the additional
terms and conditions will govern for those sections or
pages. You agree that your use of the Website will not
create any joint venture, partnership, employment or agency
relationship between you and COLUMBIA SPORTFISHING. If
any part of these Terms of Use is determined to be invalid
or unenforceable pursuant to applicable law including but
not limited to the warranty disclaimers and liability limitations
set forth above, then the invalid or unenforceable provision
will be deemed superseded by a valid and enforceable provision
that most closely matches the intent of the original provision
and the remainder of these Terms and Conditions shall continue
in effect.
Call us anytime at 508-240-1613. |
