TERMS & CONDITIONS
*All Idaho fly fishing is done through licensed outfitters located in Sun Valley, Idaho.
Description of Services
WOTF provides a platform for women interested in fly fishing to connect, share information, and participate in fly fishing trips and events. The Services provided by WOTF may include, but are not limited to, access to online forums, event listings, trip planning resources, and online purchases of fly fishing gear and accessories.
Ownership and Use of Site Content
The Site and its content, including but not limited to text, graphics, logos, images, and software, are the property of WOTF or its licensors and are protected by copyright, trademark, and other intellectual property laws. You may not copy, reproduce, modify, distribute, display, or create derivative works from any content on the Site without our prior written consent.
You may be able to submit content to the Site, including but not limited to comments, forum posts, event listings, and trip reports (collectively, "User Content"). By submitting User Content, you grant WOTF a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content throughout the world in any media. You represent and warrant that you own or have the necessary rights, licenses, consents, and permissions to grant the foregoing rights to WOTF.
You agree not to use the Site or Services for any unlawful purpose or in any way that violates these Terms. You may not, without our prior written consent, (a) copy or distribute any content on the Site or Services, (b) modify or create derivative works of any content on the Site or Services, (c) use any automated means to access the Site or Services, (d) collect or harvest any information from the Site or Services, (e) attempt to gain unauthorized access to the Site or Services, or (f) use the Site or Services in a manner that could damage, disable, overburden, or impair our servers or networks.
Disclaimer of Warranties
THE SITE AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WOTF DOES NOT WARRANT THAT THE SITE OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
Limitation of Liability
IN NO EVENT SHALL WOTF BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WOTF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL WOTF'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR SERVICES EXCEED
DISPUTE RESOLUTION/MANDATORY BINDING INDIVIDUAL ARBITRATION/CLASS ACTION WAIVER IMPORTANT: THIS SECTION (SECTION 9) LIMITS CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE ACTION, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. PLEASE REVIEW CAREFULLY.
In the unlikely event that a disagreement arises between you and Women on the Fly, LLC, you must first contact us directly by calling us at [insert contact number] or by emailing [insert email address] so that we may work in good faith to find a mutually agreeable solution.
If the issue cannot be resolved as described above within sixty (60) days, you and Women on the Fly, LLC agree, as permitted by applicable law, to resolve any claim or controversy at law or equity arising out of, relating to, or connected in any way with the Site, these Terms, or Additional Terms (collectively, “Dispute”) through binding individual arbitration, or as we and you otherwise agree in writing. You agree that the term “Dispute” in these Terms will have the broadest meaning possible. These Terms also cover any Dispute between you and any officer, director, board member, agent, employee, affiliate of Women on the Fly, LLC, or third party if Women on the Fly, LLC could be liable, directly or indirectly, for such Dispute. If the parties have more than one Dispute between them, you and Women on the Fly, LLC agree to assert all such Disputes in a single arbitration so they may be resolved at the same time or they will be deemed waived.
CLASS AND COLLECTIVE ACTION WAIVER: You and Women on the Fly, LLC explicitly agree to the fullest extent allowable and enforceable under applicable law, that the arbitrator must decide any Dispute on an individual basis. NO DISPUTE SHALL BE ARBITRATED ON A CLASS OR REPRESENTATIVE BASIS. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated absent the express written consent of Women on the Fly, LLC. The arbitrator may only award relief (including injunctive relief, if available) on an individual basis. Notwithstanding any other clause contained in this Agreement, any challenge to the validity of this Class and Collective Action Waiver must be determined by a court of competent jurisdiction and not by an arbitrator. If, for any reason, this Class and Collective Action Waiver is held to be unconscionable or unenforceable, then the entirety of this Dispute Resolution/Mandatory Binding Arbitration provision (Section 9) shall not apply and the Dispute must be brought exclusively in a state or federal court in [insert state]. Accordingly, you and Women on the Fly, LLC consent to the exclusive personal jurisdiction and venue of such courts for such matters.
As stated above, we require you to first contact us directly at [insert email address] to seek a resolution. If we cannot resolve a Dispute within sixty (60) days, then, to the fullest extent permitted by applicable law, Disputes shall be resolved solely by a single, neutral arbitrator selected in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association (“AAA”), in a reasonably convenient location agreed to by the parties in accordance with the AAA’s Consumer Due Process Protocol (including, but not limited to the AAA’s Consumer-Arbitration Rules, available at the ADR Consumer site), except that we may seek injunctive or other appropriate relief in any state or federal court. You can also obtain AAA
You agree to defend, indemnify, and hold harmless Women on the Fly, LLC from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees and costs) arising out of or in connection with any of the following: (i) your breach or alleged breach of these Terms; (ii) your use of the Site; (iii) your User Content; (iv) your violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities; (v) your violation of the rights of any third party including any intellectual property, publicity, confidentiality, property, or privacy right; or (vi) any misrepresentation made by you. Women on the Fly, LLC reserves the right to assume, at your expense, the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate with Women on the Fly, LLC’s defense of any claim. You will not in any event settle any claim without the prior written consent of Women on the Fly, LLC.
Third-Party Sites and Other Information
The Site may contain, as a convenience to you, content, links, and other information submitted by third parties over whom Women on the Fly, LLC has no control or responsibility. Women on the Fly, LLC has no obligation to monitor, control, or restrict the use of the Site, or third-party websites or services accessible via links available as part of the Site. These other websites or services are not under Women on the Fly, LLC’s control, and you acknowledge that, whether or not such websites or services are affiliated in any way with Women on the Fly, LLC, Women on the Fly, LLC is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such websites or services. The inclusion of such a link does not imply endorsement of any website or service by Women on the Fly, LLC or any association with its operators.
We may communicate with you electronically in regard to the Site, including by email, and we may collect information related to communications between you and Women on the Fly, LLC. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You agree that any time you electronically transact, agree, or consent via the Site, your action is intended as an electronic signature which binds you as if you had signed on paper.
General Provisions Severability; Interpretation; Assignment. If any provision of these Terms is for any reason deemed invalid, unlawful, void, or unenforceable, then that provision will be deemed severable from these Terms and the invalidity of the provision will not affect the validity or enforceability of the remainder of these Terms. The summaries of provisions and Section headings are provided for convenience only and shall not limit the full Terms. Women on the Fly, LLC may assign its rights and obligations under these Terms, in whole or in part, to any party at any time without any notice. These Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of Women on the Fly, LLC.
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