Terms & Conditions
TERMS AND CONDITIONS
This web site
(the "Site") is maintained by Housatonic River Outfitters. (dryflies.com ).Your access and use of this site is subject
to the following
terms and
conditions ("terms and conditions") and all applicable
laws. By accessing and browsing this site, you accept, without limitation or
qualification, the terms and conditions and acknowledge that any other agreement
between you and dryflies.com regarding access or use of this site or its contents are
superseded and of no force or effect.
Use of the Site: This
Site is provided for your personal use and for informational
purposes only.
Please feel free to browse the Site. You may download material displayed on
the Site for noncommercial, personal use only, provided you also retain all
copyright and other proprietary notices contained on the materials. You may
not, however, distribute, modify, transmit, reuse, report, or use the contents
of the Site for public or commercial purposes, including any text, images,
audio, and video without dryflies.com 's written permission.
Unauthorized Use: You
may not use spiders, robots or other automated data mining techniques
to catalog, download, store or otherwise reproduce, store or
distribute content available on the Site,except for the purpose of
Search engine categorization. You may not take any action to
interfere with the Site or any other user's use of the Site,
including, without limitation, via means of overloading, "flooding", "mailbombing" or "crashing" the
Site. You may not send unsolicited e-mail, including promotions
and/or advertising of products or services, through the Site
or forge or mask your true identity in any e-mail or posting.
You may not frame portions of the Site within another web site
or establish links from any other web site to any page of the
Site other than the home page. dryflies.com is under no obligation to
monitor any third party postings to, or transmissions through,
the Site and assumes no responsibility or liability arising from
the content of any such materials nor for any error, defamation,
libel, slander, omission, falsehood, obscenity, pornography,
profanity, danger, or inaccuracy contained in any such information.
You are prohibited from posting or transmitting any unlawful,
threatening, libelous, defamatory, obscene, scandalous, inflammatory,
pornographic, or profane material or any material that could
constitute or encourage conduct that would be considered a criminal
offense, give rise to civil liability, or otherwise violate any
law. dryflies.com will fully cooperate with any law enforcement authorities
or court order requesting or directing dryflies.com to disclose the identity
of anyone posting any such information or materials.
Intellectual Property: You should
assume that everything you see or read on the Site is copyrighted
unless otherwise noted and may not be used, without the written
permission of dryflies.com , except as provided in these Terms and
Conditions or in the text on the Site. dryflies.com neither warrants
nor represents that your use of materials displayed on the
Site will not infringe rights of third parties not owned
by or affiliated with dryflies.com . The trademarks, logos, and service
marks displayed on the Site are registered and unregistered
trademarks of dryflies.com and third parties. Nothing contained on
the Site should be construed as granting, by implication,
estoppel, or otherwise, any license or right to use any trademark
displayed on the Site without the written permission of dryflies.com or such third party that may own the trademarks displayed
on the Site. dryflies.com will aggressively enforce its intellectual
property rights to the fullest extent of the law.
No Warranties: While
dryflies.com uses reasonable efforts to include accurate and up-to-date
information on the Site, dryflies.com makes no warranties or representations
as to its accuracy. dryflies.com assumes no liability or responsibility
for any errors or omissions in the content on the Site. Your
use of the Site is at your own risk.
THE
SITE, INCLUDING ALL CONTENT MADE AVAILABLE ON OR ACCESSED THROUGH
THE SITE, IS PROVIDED "AS IS".
TO THE FULLEST EXTENT PERMISSIBLE BY LAW, dryflies.com MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE.
FURTHER, dryflies.com DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING,
WITHOUT LIMITATION, NON-INFRINGEMENT, TITLE, MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE. dryflies.com DOES NOT WARRANT THAT
THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT
CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS
WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES
IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
dryflies.com SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT
LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN. IN
NO EVENT WILL dryflies.com BE LIABLE UNDER ANY THEORY OF TORT, CONTRACT,
STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY FOR ANY LOST
PROFITS, LOST DATA, LOST OPPORTUNITIES, COSTS OF COVER, EXEMPLARY,
PUNITIVE, PERSONAL INJURY/WRONGFUL DEATH, SPECIAL, INCIDENTAL,
INDIRECT OR OTHER CONSEQUENTIAL DAMAGES, EACH OF WHICH IS HEREBY
EXCLUDED BY AGREEMENT OF THE PARTIES REGARDLESS OF WHETHER OR
NOT EITHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES.
Communications with dryflies.com : Any
communication or material you transmit to dryflies.com by electronic
mail or otherwise, including any data, questions, comments,
suggestions, or the like is, and will be treated as, nonconfidential
and nonproprietary. Anything you transmit or post may be used
by dryflies.com or its affiliates for any purpose, including but not
limited to, reproduction, disclosure, transmission, publication,
broadcast and posting. Furthermore, dryflies.com is free to use any
ideas, concepts, know-how, or techniques contained in any communication
you send to the Site without compensation and for any purpose
whatsoever, including but not limited to, developing, manufacturing
and marketing products using such information.
Indemnification: You
agree to indemnify, defend and hold harmless dryflies.com , its employees,
directors, officers, agents and representatives from and against
any and all third party claims, demands, liabilities, costs
or expenses, including reasonable attorney's fees, arising
from, or related to, any breach by you of any of these Terms
and Conditions or applicable law.
Severability: If
any part of these Terms and Conditions shall be held or declared
to be invalid or unenforceable for any reason by any court
of competent jurisdiction, such provision shall be ineffective
but shall not affect any other part of these Terms and Conditions.
Governing Law: The laws of the
State of Connecticut shall govern these Terms and Conditions.
YOU HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND
VENUE IN THE COURTS LOCATED IN LITCHFIELD COUNTY, CONNECTICUT.
We reserve the right to change this policy at any time by posting it on our
web site.