Last Updated: March 2009 1. THIS IS AN AGREEMENT BETWEEN YOU AND Strictly Fly Fishing
This is an agreement ("Agreement") between you and Strictly Flyfishing(or, if applicable based on where you live, one of its affiliates). This Agreement governs your use of any Web site or Web page operated by Strictly Flyfishing(each, an "Strictly FlyfishingWeb Site," and collectively, the "Strictly FlyfishingWeb site"). You represent that you are at least 18 years of age and have attained the age of majority in the province, state or country in which you reside, and any information that you submit is correct. Strictly FlyfishingOFFERS Strictly FlyfishingWEB SITE TO YOU CONDITIONED ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT. YOUR USE OF Strictly FlyfishingWEB SITE CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT. THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (See Sections 8, 9, and 10); AND AN EXCLUSIVE REMEDY (See Section 9). THESE PROVISIONS FORM AN ESSENTIAL BASIS OF OUR BARGAIN. 2. HOW Strictly FlyfishingMAY MODIFY THIS AGREEMENT
Strictly Flyfishingreserves the right to change the terms, conditions, and notices under which it offers Strictly FlyfishingWeb Site, including any charges associated with the use of Strictly FlyfishingWeb Site. You are responsible for regularly reviewing these terms, conditions and notices, and any additional terms posted on any Strictly FlyfishingWeb Site. Your continued use of Strictly FlyfishingWeb Site after the effective date of such changes constitutes your acceptance of and agreement to such changes. 3. ADDITIONAL TERMS
Strictly FlyfishingWeb Site may itself contain additional terms (for example, codes of conduct or guidelines) that further govern use of that Strictly FlyfishingWeb Site, including without limitation, particular features or offers (for example, sweepstakes). If any terms contained in this Agreement conflict with any terms contained within an Strictly FlyfishingWeb Site, then the terms in this Agreement shall control. 4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF Strictly FlyfishingWEB SITE
Strictly FlyfishingWeb site are only for your personal and commercial advertisement use. You will not use Strictly FlyfishingWeb site in any way that is unlawful, or harms Strictly Fly Fishing, its affiliates, resellers, distributors, service providers and/or suppliers (each, an "Strictly FlyfishingParty" and collectively, the "Strictly FlyfishingParties") or any customer of an Strictly FlyfishingParty, as determined in Strictly Fly Fishing's sole discretion. Strictly Flyfishingmay tell you about certain specific harmful uses in a code of conduct or other notices available through an Strictly FlyfishingWeb Site, but has no obligation to do so. You may not use Strictly FlyfishingWeb Sits in any way that breaches any code of conduct, policy or other notice applicable to Strictly FlyfishingWeb Site. Without limiting the generality of this section, you may not use Strictly FlyfishingWeb Site in any manner that could damage, disable, overburden, or impair any Strictly Flyfishing Web Site (or the network(s) connected to any Strictly FlyfishingWeb Site) or interfere with any other party's use and enjoyment of Strictly FlyfishingWeb site. 5. SPAM IS PROHIBITED AND CAUSES DAMAGE; SPAM FILTERING TECHNOLOGY
Without limiting the generality of Section 4, you will not use Strictly FlyfishingWeb Site to transmit, either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail. Strictly Flyfishingmay use filtering technology or other measures in its efforts to stop unsolicited bulk e-mail and unsolicited commercial e-mail, and if your use of Strictly FlyfishingWeb site includes e-mail related services, then such filtering technology or other measures may block, either temporarily or permanently, some e-mail sent to you through Strictly FlyfishingWeb Site. 6. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to Strictly Flyfishingrelated to Strictly FlyfishingWeb Site (an "advertisement submission"), you grant Strictly Flyfishingpermission to (1) use, copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, modify, translate and reformat your Submission, each in connection with Strictly FlyfishingWeb site, and (2) sublicense these rights, to the maximum extent permitted by applicable law. Strictly Flyfishingwill not pay you for your Submission. Strictly Flyfishingmay remove your Submission at any time. For each Submission, you represent that you have all rights necessary for you to make the grants in this section. To the maximum extent permitted by applicable law, Strictly Flyfishingmay monitor your e-mail, or other electronic communications and may disclose such information in the event it has a good faith reason to believe it is necessary for purposes of ensuring your compliance with this Agreement, and protecting the rights, property, and interests of Strictly FlyfishingParties or any customer of a Strictly FlyfishingParty. 7. INFORMATION AVAILABLE FROM Strictly FlyfishingWEB SITE
Strictly Flyfishingand its suppliers do not warrant or guarantee the accuracy or timeliness of any information available from Strictly FlyfishingWeb Site. Strictly Flyfishingand its suppliers do not authorize the use of information available from Strictly FlyfishingWeb Site for any purpose other than your personal use, and prohibit to the maximum extent allowable the resale, redistribution, and use of this information for commercial purposes. Strictly Flyfishingis not a broker/dealer or registered investment advisor under United States federal securities law or securities laws of other jurisdictions, and does not advise individuals as to the advisability of investing in, purchasing or selling securities or other financial products or services. Nothing contained in Strictly FlyfishingWeb site constitute an offer or solicitation to buy or sell any security. Strictly Flyfishingdoes not endorse or recommend any particular product or service, including financial products or services. Nothing contained in Strictly FlyfishingWeb site is intended to constitute professional advice, including but not limited to, investment or tax advice. 8. Strictly FlyfishingMAKES NO WARRANTY
Strictly FlyfishingPROVIDES Strictly FlyfishingWEB SITE "AS IS," "WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Strictly FlyfishingPARTIES MAKE NO REPRESENTATIONS, WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. Strictly FlyfishingPARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS, EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION (1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY, TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES OR CONDITIONS THAT ACCESS TO OR USE OF Strictly FlyfishingWEB SITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT. 9. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY Strictly FlyfishingPARTY BE LIABLE FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT OR YOUR USE OF Strictly FlyfishingWEB SITE, EVEN IF SUCH Strictly FlyfishingPARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE EXCLUSION OF DAMAGES UNDER SECTION 8 IS INDEPENDENT OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM (1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE, OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW. IF YOU ARE DISSATISFIED WITH Strictly FlyfishingWEB SITE, YOU DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY Strictly FlyfishingPARTY WITH RESPECT TO THIS AGREEMENT OR Strictly FlyfishingWEB SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING Strictly FlyfishingWEB SITE. 10. CHANGES TO Strictly FlyfishingWEB SITE; ADDITIONAL LIABILITY LIMITATION
Strictly FlyfishingPARTIES MAY CHANGE Strictly FlyfishingWEB SITE OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY REASON. As you use Strictly FlyfishingWeb site, you should expect to receive, access or use information, materials, graphics, software, data and content (collectively, "Content") originated by Strictly Flyfishingand persons other than Strictly Flyfishing(any such person is referred to as a "Third Party"). WITHOUT LIMITING THE GENERALITY OF SECTIONS 8 AND 9, YOU ACKNOWLEDGE AND AGREE THAT Strictly FlyfishingPARTIES ARE NOT RESPONSIBLE OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION, ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING, OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR (2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS 9 AND 10, YOU ACKNOWLEDGE AND AGREE THAT Strictly FlyfishingIS NOT RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF Strictly FlyfishingWEB SITE, (2) ANY INCOMPATIBILITY BETWEEN Strictly FlyfishingWEB SITE AND OTHER WEB SITE, SERVICES, SOFTWARE AND HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS OR TRANSACTIONS IN CONNECTION WITH Strictly FlyfishingWEB SITE IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES THOUGH LINKS CONTAINED ON Strictly FlyfishingWEB SITE. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 8, 9 AND 10 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER APPLICABLE LAW. 11. TERMINATION; ACCESS RESTRICTION
Strictly Flyfishingmay terminate this Agreement, or terminate or suspend your access to Strictly FlyfishingWeb site at any time, with or without cause, with or without notice. Upon such termination or suspension, your right to use Strictly FlyfishingWeb site will immediately cease. UPON SUCH TERMINATION OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON Strictly FlyfishingWEB SITE MAY NOT BE RETRIEVED LATER. 12. CHOICE OF LAW AND LOCATION FOR RESOLVING DISPUTES
If this Agreement is with Strictly FlyfishingCorporation, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the State of Georgia, without reference to conflict of laws principles. If this Agreement is with an Strictly Flyfishingaffiliate, claims for enforcement, breach or violation of duties or rights under this Agreement will be adjudicated under the laws of the place of incorporation for such Strictly Flyfishingaffiliate, without reference to conflict of laws principles. All other claims, including, without limitation, claims under or for violation of consumer protection laws, unfair competition laws, and in tort, will be adjudicated under the laws of your state of residence in the United States, or, if you reside outside the United States, under the laws of the country to which the subject Strictly FlyfishingWeb site are directed. If this Agreement is with Strictly Fly Fishing, you hereby irrevocably consent to the exclusive jurisdiction and venue of state or federal courts in Fulton County, Georgia, USA in all disputes arising out of or relating to the use of Strictly FlyfishingWeb site. If this Agreement is with a Strictly Flyfishingaffiliate, you hereby consent to the exclusive jurisdiction and venue of the courts located in the place of incorporation for such Strictly Flyfishingaffiliate in all disputes arising out of or relating to the use of Strictly FlyfishingWeb site. 13. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of this Agreement will continue in effect. Strictly Flyfishingmay assign this Agreement, in whole or in part, at any time with or without notice to you. You may not assign this Agreement, or assign, transfer or sublicense your rights, if any, in Strictly FlyfishingWeb site. Except as expressly stated herein, this Agreement constitutes the entire agreement between you and Strictly Flyfishingwith respect to Strictly FlyfishingWeb site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Strictly Flyfishingwith respect to Strictly FlyfishingWeb site. The section titles in the Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 14. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND Strictly FlyfishingAGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO Strictly FlyfishingWEB SITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 15. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of Strictly FlyfishingWeb site are Copyright � 2002-2009 Strictly Flyfishingand/or its suppliers,
22138 US Highway 6,
Suite 1A
Keystone, CO 80435 U.S.A. All rights reserved. Strictly Fly Fishing, Strictly Flyfishinglogo, and/or other Strictly Flyfishingproducts and services referenced herein may also be either trademarks or registered trademarks of Strictly Flyfishingin the United States and/or other countries. The names of actual companies and products mentioned herein may be the trademarks of their respective owners. The example companies, organizations, products, domain names, e-mail addresses, logos, people, places and events depicted herein are fictitious. No association with any real company, organization, product, domain name, e-mail address, logo, person, places or events is intended or should be inferred. Any rights not expressly granted herein are reserved. 16. OTHER NOTICES
Third Party Account Information By using the "Listings Manager" service through Strictly FlyfishingWeb site, you authorize Strictly Flyfishingand its agents to access third party sites designated by you or on your behalf, to retrieve information requested by you, and you appoint Strictly Flyfishingand its agents as your agent for this limited purpose. Each time you enter your account login information, you are permitting Strictly Flyfishingand its agents to process your request and use information submitted by you to accomplish the foregoing. You will choose a password when registering.
Strictly FlyfishingBill Pay Service Terms of Use and Privacy Statement
Strictly FlyfishingBill Pay service is provided by a third party service provider. Click here to view the third party service provider's terms and conditions for use of Strictly FlyfishingBill Pay service. GivenLink for the privacy policy applicable to how the third party service provider handles your data for Strictly FlyfishingBill Pay service. 17. NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE 18. FOR INFORMATION REGARDING TeachingInAsia.COM PRIVACY STATEMENT, SEE OUR PRIVACY POLICY PAGE.
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