TERMS OF USE

Notice

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS BELOW, DO NOT ACCESS THIS SITE OR ANY PAGES THEREOF.

COPYRIGHT © DISCOVERY FLY FISHING, LLC. ALL RIGHTS RESERVED.

Intellectual Property Rights

Copyright in the pages and in the screens displaying the pages, and in the information and material therein and in their arrangement, is owned by Discovery Fly Fishing, LLC. unless otherwise indicated. The trademarks, logos and service marks displayed on this site are the property of Discovery Fly Fishing, its Affiliates, Subsidiaries, and other parties. Nothing on this site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on this site, without the prior written permission of the mark’s owner. All information and content including any software programs available on the site is protected by copyright. Users of the site are prohibited from modifying, copying, distributing, transmitting, displaying, publishing, selling, licensing, creating derivative works from or otherwise using any information and content on or through the site for commercial, public, or other unauthorized purposes.

Use of Information and Materials

The information and materials contained in these pages and the terms and conditions set forth herein are subject to change without prior notice. Unauthorized use of Discovery Fly Fishing’s website(s) and systems including but not limited to unauthorized entry into Discovery Fly Fishing’s systems, misuse of passwords, or misuse of any information posted on a site, is strictly prohibited. Not all products and services are available in all geographic areas. Eligibility for particular products and services is subject to final determination by Discovery Fly Fishing and/or its affiliates.

Products and Services

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer.

All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us.

We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

Accuracy of Billing and Account Information

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more detail, please review our Returns Policy.

Errors, Inaccuracies and Omissions

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

Links

THIS SITE MAY CONTAIN LINKS TO WEB SITES CONTROLLED OR OFFERED BY THIRD PARTIES THAT ARE NOT AFFILIATED WITH DISCOVERY FLY FISHING. DISCOVERY FLY FISHING HEREBY DISCLAIMS ALL LIABILITY FOR ANY INFORMATION, MATERIALS, PRODUCTS OR SERVICES POSTED OR OFFERED AT ANY THIRD-PARTY SITE. DISCOVERY FLY FISHING DOES NOT ENDORSE OR RECOMMEND ANY INFORMATION, PRODUCTS OR SERVICES OFFERED AT ANY THIRD-PARTY SITE, NOR IS DISCOVERY FLY FISHING LIABLE FOR ANY FAILURE OF PRODUCTS OR SERVICES OFFERED OR ADVERTISED AT ANY THIRD-PARTY SITE. DISCOVERY FLY FISHING IS NOT RESPONSIBLE FOR THE CONTENT ON ANY SUCH THIRD-PARTY SITE. SUCH THIRD PARTY MAY HAVE A PRIVACY POLICY DIFFERENT FROM THAT OF DISCOVERY FLY FISHING AND SUCH THIRD-PARTY SITE MAY PROVIDE LESS SECURITY THAN THE DISCOVERY FLY FISHING SITE.

No Warranty

THE INFORMATION AND MATERIAL CONTAINED IN THIS SITE, INCLUDING TEXT, GRAPHICS, LINKS OR OTHER ITEMS ARE PROVIDED “AS IS,” “AS AVAILABLE.” DISCOVERY FLY FISHING DOES NOT WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIAL AND EXPRESSLY DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIAL. NO WARRANTY OF ANY KIND, IMPLIED, EXPRESSED OR STATUTORY INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF NON-INFRINGEMENT OF THIRD PARTY RIGHTS, TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND FREEDOM FROM COMPUTER VIRUS, IS GIVEN IN CONJUNCTION WITH THE INFORMATION AND MATERIAL AVAILABLE ON THIS SITE. DISCOVERY FLY FISHING SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT ON THIS SITE. YOU MAY NOT ACT OR RELY ON INFORMATION OR MATERIAL ON THIS SITE, PARTICULARLY WITH REGARD TO INVESTMENT DECISIONS. YOU MUST INDEPENDENTLY VERIFY THE ACCURACY OF ALL SUCH INFORMATION AND MATERIAL BEFORE ACTING OR RELYING THEREON OR MAKING INVESTMENT DECISIONS IN CONNECTION THEREWITH.

Limitation of Liability

IN NO EVENT WILL DISCOVERY FLY FISHING BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOSSES OR EXPENSES ARISING IN CONNECTION WITH THIS SITE OR ANY LINKED SITE OR USE THEREOF OR INABILITY TO USE ANY PARTY, OR IN CONNECTION WITH ANY FAILURE OR PERFORMANCE, ERROR, OMISSIONS, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF DISCOVERY FLY FISHING, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES

Indemnification

You agree to indemnify, defend and hold harmless Discovery Fly Fishing, LLC, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Submissions

All information submitted to Discovery Fly Fishing via this site shall be deemed and remain the property of Discovery Fly Fishing and Discovery Fly Fishing shall be free to use, for any purpose, any idea, concepts, know-how or techniques contained in information a visitor to this site provides Discovery Fly Fishing through this site. Discovery Fly Fishing shall not be subject to any obligations of confidentiality regarding submitted information except as agreed by the Discovery Fly Fishing entity having the direct customer relationship or as otherwise specifically agreed or required by law. Nothing contained herein shall be construed as limiting or reducing Discovery Fly Fishing’s responsibilities and obligations to customers in accordance with the Discovery Fly Fishing Privacy Statement.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Availability

This site 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.

Additional Terms

Certain sections or pages on this site may contain separate terms and conditions, which are in addition to these terms and conditions. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.

Changes To Terms And Conditions

Discovery Fly Fishing reserves the right to revise these Terms and Conditions at any time without prior notice. Users of the site are deemed to be apprised of and bound by any changes to these Terms and Conditions. You agree to review these Terms and Conditions regularly and your continued access or use of this site signifies your agreement to any changes.

Governing Law

Use of this site shall be governed by all applicable Federal laws of the United States of America and the laws of the State of Oregon, USA. Users of this site hereby consent to the exclusive jurisdiction and venue of the courts, tribunals, agencies and other dispute resolution organizations in Sherwood, Oregon, USA in all disputes (a) arising out of or relating to this site and/or these Terms and Conditions, (b) in which this site and/or these Terms and Conditions is an issue of fact, or (c) in which this site and/or these Terms and Conditions is referenced in a paper file in such dispute.

General

Use of this site is unauthorized in (a) any manner that does not give full effect to all provisions of these Terms and Conditions and (b) any jurisdiction where the use of this Site may violate any legal requirements. No joint venture, partnership, employment or agency relationship exists as a result of these Terms and Conditions or your use of this site.

These Terms and Conditions constitute the entire agreement between you and Discovery Fly Fishing with respect to this site and supersede any prior or contemporaneous communications and proposals, whether electronic, oral, or otherwise between you and Discovery Fly Fishing with respect to this site. No modification of these Terms and Conditions shall be effective unless specifically authorized by an officer of Discovery Fly Fishing. Any alleged waiver of any breach of these Terms and Conditions shall not be deemed to be a waiver of any future breach.

Contacting Us

If you have any questions about these Terms and Conditions, please contact us at: support@discoveryflyfishing.com.