These Terms constitute a binding agreement between you and LLS. If you are using or accessing the Services on behalf of any entity or other person, you represent and warrant that you are authorized by such entity or other person to accept these Terms on such entity’s or other person’s behalf.
Your access to and use of the Services is conditioned upon your acceptance of and compliance with these Terms. BY ACCESSING OR USING THE SERVICES, YOU EXPLICITLY AGREE THAT YOU UNDERSTAND AND WILL COMPLY WITH AND BE BOUND BY THESE TERMS. IF YOU DISAGREE WITH ANY PART OF THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
Access to the Services
Account Registration and Credentials
To access certain Services, you must you register for an account with us (“Account”) by following the account registration procedures posted on the Website. When you create an Account, you represent, warrant, and guarantee that you are above the age of eighteen (18) years, and that all of the information you provide to us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your Account.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or Account. YOU ACCEPT FULL RESPONSIBILITY FOR ANY AND ALL ACTIVITIES OR ACTIONS THAT OCCUR UNDER YOUR ACCOUNT AND/OR LOGIN CREDENTIALS, WHETHER AUTHORIZED OR UNAUTHORIZED.
By logging in to your Account with your username and password (collectively, “Credentials”), you agree to comply with any and all procedures regarding your Account and Credentials, as specified by LLS by any means and from time to time.
You must notify us immediately upon becoming aware of any breach of security or unauthorized use of the Services, your Account, or your Credentials. If you do not notify us, we may be prevented from implementing measures to protect the integrity, availability, and confidentiality of the Services for you and other users.
By creating an Account, you agree to subscribe to newsletters, marketing and promotional materials, and other information we may send to you to market or promote the Services (“Marketing Material”). However, you may opt out of receiving any, or all, Marketing Material emails from us by following the unsubscribe link or other instructions provided in any Marketing Material email we send to you.
We reserve the right to contact you regarding our provision of the Services, sales and customer Services inquiries lodged by you, your contact information, billing, payment, and as required by law. However, it is your responsibility to ensure that we have your current contact information. You may not use any of our contact information for any unauthorized purpose, including, without limitation, marketing to us or any other person, illegal activity, or as otherwise prohibited herein.
We will charge a fee at the rate provided to you via the Services for access to certain parts of the Services. Such fees are subject to adjustment from time to time, in our sole discretion.
Except as otherwise provided in this section titled “Refunds,” all paid fees are nonrefundable.
In the event that you are unhappy with any purchase of paid Services, you may request a refund of any applicable, paid fees via email to email@example.com within thirty (30) days of purchase.
In the event that we terminate your Account and/or your access to any paid Services, for any reason other than your breach of these Terms, within ninety (90) days after our receipt of your payment in full of all applicable fees, we may, but shall not be required to, refund two-thirds (2/3) of the amount of such paid fees to you, upon your request via email to firstname.lastname@example.org.
Please allow sixty (60) calendar days for us to process any request for a refund.
Termination of Account and/or Services
LLS may, in its sole discretion and for any reason and at any time modify, interrupt, suspend, and/or terminate any or all access to the Services and/or your Account or Credentials, in whole or in part, temporarily and/or indefinitely. LLS shall not be required to notify you in advance concerning any such modification, interruption, suspension, or termination, although we may elect to do so in our sole discretion from time to time.
You may terminate your access to and use of your Account and the Services at any time and for any reason. You may terminate your Account via email to email@example.com.
Third Party Information
Our Services may contain links to third party web sites or services (collectively, “Third Party Services”) that we do not own or control. We do not review Third Party Services for availability, accuracy, completeness, usefulness, content, activity, or Malware (defined herein). We do not make any warranties regarding Third Party Services.
You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any Third Party Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ASSUME ALL RISK AND LLS SHALL NOT BE HELD RESPONSIBLE FOR THE CONTENT OR ACTIVITY OF ANY THIRD PARTY SERVICES.
BECAUSE YOUR ACCESS OR USE OF THIRD PARTY SERVICES IS AT YOUR OWN RISK, we strongly advise that you read the terms and conditions and privacy policies of any Third Party Services that you visit or use.
Accurate and Complete Information
By providing information to us, you represent and warrant that such information is owned or properly licensed by you, accurate, complete, free of Malware (defined herein), and that its use via the Services does not violate any law, rule, or regulation, and does not infringe or violate any right of any third party. You agree to inform us of any changes to any information that you have previously provided to us. We will not be held responsible for any inaccurate information provided by you, or for any effects that any such inaccuracy may cause. You also agree to be solely responsible for maintaining the secrecy of any username and password you use to access any part of the Services.
You are also responsible for the reliability, completeness, and appropriateness of any and all information that you provide via the Services. We take no responsibility and assume no liability for information you or any third party provides via the Services.
You agree not to provide information via the Services, without regard to format, that is illegal, profane, inflammatory, or unrelated to our business. We reserve the rights to refuse to accept or display and to edit or remove information that, in our opinion, may frustrate our marketing efforts.
We reserve the right but not the obligation to monitor, edit, and remove any and all information available via the Services in our sole discretion. We also have the right to use, copy, and share any and all information provided by you to promote and/or test the integrity, availability, and confidentiality of the Services, including the retention of such information in any backups of our computer systems.
You hereby acknowledge and agree that during your use of the Services, you may be exposed to information that may be offensive or objectionable to you, which is provided by LLS, other users of the Services, and/or third parties. YOU HEREBY ACKNOWLEDGE AND AGREE THAT ALL INFORMATION PROVIDED BY ANY OTHER USER OF THE SERVICES OR ANY THIRD PARTY EXPRESSES THE VIEWS OF THE AUTHOR, AND LLS SHALL NOT BE HELD RESPONSIBLE FOR OR LIABLE FOR SUCH INFORMATION. YOUR ACCESS TO AND USE OF THE SERVICES IS UNDERTAKEN AT YOUR OWN RISK, and LLS is not responsible for any offensive or otherwise objectionable information available via the Services whether created or provided by LLS, any user of the Services, and/or any third party. However, you agree to report to LLS any and all violations of these Terms that you become aware of, via the contact information provided near the end of these Terms.
The Services and any information provided by us, including, without limitation all features, functionality, photographs, names, text, titles, phrases, trade names, Services marks, logos, wallpaper, icons, characters, page headers, button icons, artwork, images, designs, graphics, pictures, illustrations, video, music, sound, “look and feel,” and all code and scripts in any format used to implement the Services (“Materials”) are and will remain the exclusive property of Left Lane Social. The Materials may be protected by copyright, trademark, and other laws of both the United States and foreign countries, and may not be used in a manner outside of the scope of your proper and authorized use of the Services as provided for herein, without our prior written consent. For example, you are prohibited from using any Materials for re-sale or other commercial purposes, etc. As another example, you are prohibited from and agree not to share any purchased Services and/or Materials with third parties, or allow others to access paid Services via your Account.
We grant you a limited, non-exclusive, revocable license to use the Services for your use of the Services as provided herein. We retain ownership of the Services, including, without limitation any instance of the Services and any and all information provided via the Services.
You grant us the right to allow the Services to use processing and storage capabilities on any device that you use to access the Services.
Claims of Copyright Infringement
The Digital Millennium Copyright Act of 1998 (the “DMCA”) may provide recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that information provided via the Services infringe your copyright, you (or your authorized agent) may send us a notice requesting that the material be removed or that access to it be blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, you may send LLS a counter-notice.
ALL NOTICES AND COUNTER-NOTICES MUST CONTAIN ANY AND ALL INFORMATION REQUIRED BY, AND MUST OTHERWISE BE MADE IN ACCORDANCE WITH, THE PROVISIONS OF THE DMCA, AS AMENDED FROM TIME TO TIME.
We suggest that you consult legal counsel before filing a notice or counter notice. Persons submitting false claims under the DMCA may be fined. Notices and counter-notices with respect to the Services should be sent by USPS first class certified mail to our address listed near the end of these Terms.
Permitted and Prohibited User Conduct
You are only permitted to use your Account and the Services solely for the purpose of accessing and using our informational and educational materials in accordance with these Terms. You are expressly prohibited from and agree not to use any Account or the Services for any other purpose (“Prohibited Conduct”). Without limiting the foregoing, we provide a bulleted list of examples of Prohibited Conduct below, solely for the avoidance of doubt. Such list shall not be construed as an exhaustive listing of all Prohibited Conduct.
• Attempted or successful circumvention of security measures;
• Wholesale downloading of information from the Services for commercial purposes;
• Engaging in unwanted or harassing communication; and
• Illegal activities.
Services for Informational and Educational Purposes Only
All information provided via the Services is for informational and educational purposes only. LLS makes no warranties, claims, or representations that any information or advice provided, whether via the Services or by any other means, is accurate, complete, useful, or will meet your needs or requirements.
You acknowledge that there is inherent danger in engaging in fishing and fishing related activities, including, but not limited to, danger associated with: transportation to and from fishing locations, boat launching, boating, water hazards, weather conditions, dehydration, sunburn, windburn, frostbite, contaminated water and or animal and plant life, infection, allergic reactions, attacks by wildlife, fishing equipment and products and their use, any injuries caused by third parties, and others (collectively, “Fishing Hazards”).
YOU ASSUME ALL RISK ASSOCIATED WITH ANY AND ALL FISHING HAZARDS, ANY FISHING PRODUCTS THAT YOU CHOOSE TO PURCHASE AND/OR USE, AND YOUR USE OF ANY INFORMATION OBTAINED VIA THE SERVICES.
Customer Support and Compatibility
It is your responsibility to select, acquire, and maintain your own computer system and other devices and software that are compatible with your use of the Services.
We may, in our sole discretion, provide intermittent customer support on a limited basis as a convenience to you. However, we reserve the right to refuse to provide, cease providing, or charge a reasonable fee for our provision of customer support, in our sole discretion.
YOUR USE OF THE SERVICES ARE AT YOUR OWN RISK. We cannot and do not warrant that the Services are compatible with your computer systems or that the Services will be provided free of viruses, worms, Trojan horse programs, ransomware or other malware, or disabling devices or other code that manifests restrictive, contaminating, or destructive properties. You are responsible for implementing safeguards to protect the integrity, availability, and confidentiality of your computer systems and information, and you are responsible for the entire cost of any investigations, services, replacement, and repairs of and to your computer systems or information that may be necessary as a result of your use of the Services.
The Services are controlled and operated in whole or in part by us from our offices within the United States of America, and are not intended to subject us to the laws or jurisdiction of any state, country, or territory other than that of the United States.
You are responsible for complying with the laws of the United States and the laws of the jurisdictions where you are located and from which you access the Services, including U.S. export and re-export laws and regulations regarding the transmission of technical data. The Services employs Secure Socket Layer and/or Transport Layer Security encryption during the payment process to promote the security of user payment information. You represent and warrant that you will not access or use the Services in violation of law, including, without limitation, the Export Administration Regulations (“EAR”) maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the Treasury Department’s Office of Foreign Assets Control (“OFAC”), and the International Traffic in Arms Regulations (“ITAR”) maintained by the Department of State. You represent and warrant that you are in full compliance with the regulations and laws listed above in addition to any laws, rules, and regulations of any other applicable jurisdiction.
Nothing in the Services and/or any other information that we may provide constitutes an offer or solicitation to buy or sell any product to anyone in any jurisdiction in which such an offer or solicitation is prohibited by law.
Indemnification, Limitations, and Disclaimers
To the extent that perpetual or implied disclaimers or exclusions, or specific limitations of liabilities are not allowed by applicable law, such disclaimers, exclusions, or limitations shall be enforceable for the longest period and/or to the fullest extent permitted by applicable law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LEFT LANE SOCIAL LLC, ITS AFFILIATES, LICENSEES, AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS, DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY'S EXPENSES, COSTS, AND FEES), RESULTING FROM OR ARISING OUT OF: (A) ANY AND ALL FISHING HAZARDS; (B) ANY USE OR ACCESS OF THE SERVICES, BY YOU OR ANY PERSON USING YOUR ACCOUNT OR LOGIN CREDENTIALS; AND/OR (C) A BREACH OF THESE TERMS.
Limitation of Liability
IN NO EVENT SHALL LEFT LANE SOCIAL LLC AND ITS AFFILIATES, LICENSEES, AND LICENSORS, AND EACH OF THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, AGENTS, OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, AND SHAREHOLDERS, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, DAMAGE TO PERSONS AND/OR PROPERTY, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (A) FISHING HAZARDS; (B) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (C) ANY CONDUCT OF OR INFORMATION PROVIDED BY ANY THIRD PARTY VIA THE SERVICES; (D) ANY INFORMATION OBTAINED FROM THE SERVICES; AND/OR (E) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR INFORMATION, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “AS AVAILABLE” BASIS. THE SERVICES ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON INFRINGEMENT, OR COURSE OF PERFORMANCE. WE EXPRESSLY DISCLAIM ANY GUARANTEES OR WARRANTIES RELATED TO THE AVAILABILITY, INTEGRITY, SECURITY, AND/OR CONFIDENTIALITY OF THE SERVICES.
LEFT LANE SOCIAL ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS DO NOT WARRANT THAT: (A) THE SERVICES WILL FUNCTION UNINTERRUPTED, SECURELY, OR CONFIDENTIALLY, OR WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (B) ANY ERRORS OR DEFECTS IN ANY SERVICES WILL BE CORRECTED; (C) THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (D) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS.
We may transfer or assign any of our rights and obligations under these Terms; however, you may not transfer or assign any of your rights or obligations under these Terms or your Account without our express, written consent.
Governing Law and Venue
These Terms shall be governed and construed in accordance with the laws of the State of Tennessee, without regard to its conflict of law provisions. You hereby irrevocably consent to the exclusive jurisdiction and venue of the Federal and State courts (both trial and appellate) located in the State of Tennessee in connection with respect to any and all suits, actions, or other proceedings arising out of or in connection with the Services. If you have violated or threatened to violate these Terms, we may seek injunctive or other appropriate relief against you; this is in addition to any claims for damages and any and all other rights that we may have to legal remedies whether at law or in equity. You agree to pay all of our costs of enforcement, including reasonable attorney’s fees, costs, and expenses.
No Waiver; Severability
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Services, and supersede and replace any prior agreements we might have had between us regarding the Services.
These Terms and Conditions govern your interactions with us and shall not be construed as giving rights or obligations to third parties.
You and LLS agree that no joint venture, partnership, employment, or agency relationship exists between you and LLS as a result of these Terms or your use of the Services.
All provisions of the Terms which by their nature should reasonably survive termination of any business relationship between LLS and you shall survive such termination, including, without limitation, provisions related to international use, ownership, indemnification, limitations of liability, and disclaimers. If you grant us a license, it will also survive any termination. Any license we may grant to you terminates immediately upon termination of your right to use the Website, Services, or an Account. Your warranties and indemnification obligations shall survive any termination for the longest period and to the greatest extent allowed by applicable law.
Changes to These Terms
We reserve the right to change the Terms in our sole discretion from time to time. In that case, we will post modified Terms to the Website and indicate the date of revision, which shall automatically be effective two (2) business days after posting. You are solely responsible for knowing and ensuring that you understand the provisions of the current Terms by reviewing them on the Website from time to time. Without limiting the foregoing, LLS may from time to time elect, in its sole discretion, to use reasonable efforts to notify you of any changes to the Terms that LLS deems to be substantial or material, for your convenience, and not based on any obligation of LLS.
BY CONTINUING TO ACCESS OR USE THE SERVICES AFTER ANY REVISIONS BECOME EFFECTIVE, YOU AGREE TO BE BOUND BY THE REVISED TERMS. IF YOU DO NOT AGREE TO THE REVISED TERMS, YOU ARE NO LONGER AUTHORIZED TO USE THE SERVICES AND MUST IMMEDIATELY DISCONTINUE ACCESS AND/OR USE.
These Terms may not be otherwise amended, except in a writing that is hand-signed by both you and an authorized officer of LLS. For purposes of this paragraph, a “writing” does not include an email message and a signature does not include an electronic signature.
If you have any questions about the Services or these Terms, please contact us at firstname.lastname@example.org or by mail to:
Left Lane Social, LLC
3004 Lora Dr.
Maryville, TN 37803
Thank you for choosing Fly Fishing Made Easy.