Jeff’s Jigs and Flies, LLC
jeffsjigs.com Terms of Service
Jeff’s Jigs and Flies, LLC, a Minnesota limited liability company (“Jeff’s Jigs and Flies”) owns, operates and provides services through jeffsjigs.com (the “Site”) to you (“you” or “User”), under the following agreements:
- These Terms of Service;
- Contest Terms.
These agreements are collectively referred to as the “Terms” and may be supplemented by any other rules that may be posted on the Site.
I. Consent and Agreement to the Terms of Service
Do not use the Site or any of the products or services offered by Jeff’s Jigs and Flies through the Site if you do not or cannot agree to the Terms. Jeff’s Jigs and Flies reserves the right, in its sole discretion, to update, revise, or modify the Terms, and to impose new or additional terms and conditions on your use of the Site. Such updates, revisions, supplements, modifications and additional rules, polices, terms or conditions will be effective immediately and incorporated into these Terms as soon as notice of the change is provided, which may be given by any reasonable means including by posting to the Site. Continued viewing or use of the Site following notice provides your acceptance of any and all such additions, updates, revisions, supplements, modifications, etc.
II. Electronic Communications and Contracting
When you visit the Site or send e-mails to us, you are communicating with us electronically. You also agree to form valid, binding electronic contracts by visiting the Site, using or purchasing from Jeff’s Jigs and Flies through email or the Site. You also consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when communicated over the Internet.
III. Use of the Site
A. Access to the Site. You are responsible for obtaining your own computer hardware, software and Internet access in order to use the Site. Jeff’s Jigs and Flies is not liable for and will not assist you with obtaining computer hardware, software or Internet access.
B. Individual use. You agree that you are only authorized to visit, view and to retain a single copy of pages of the Site for your own internal use and not in a manner that in any way suggests a connection, affiliation or any type of relationship between you, any business entity that you own or operate, and Jeff’s Jigs and Flies.
C. Deep links and linking. Deep-linking to the Site is prohibited, meaning that you will not create, post, display, publish or distribute any link to any page other than the front (home) page of the Site for any purpose, unless specifically authorized in advance by the Site. Please contact Jeff’s Jigs and Flies to seek approval before creating any link to the Site.
D. Framing. Framing is absolutely prohibited. You agree not to create any frames at any other web sites pertaining to or using any of the content of the Site for any purpose, unless authorized in advance by Jeff’s Jigs and Flies.
E. Improper use of the Site. You may not use the Site for or in connection with any of the following activities: (1) transmitting or relaying spam, spoofing or otherwise impersonating any person or entity, or otherwise misrepresenting your identity or affiliation in any way; (2) any fraudulent or illegal purpose; (3) e-mailing, uploading, or otherwise transmitting or using the Site in connection with the use, distribution or transmission of any harassing, defamatory, libelous, sexually explicit, obscene, hateful, racially, ethnically or otherwise unlawful or objectionable material (as determined by Jeff’s Jigs and Flies in its sole discretion); and (4) transmitting material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other spyware, malware, or computer programming routines, code or engines that are intended to damage, destroy, disrupt or impair a computer’s functionality or the operation of the Site. Jeff’s Jigs and Flies reserves the right to exercise its sole discretion in determining whether any use of the Site is an improper use under these Terms.
F. Your responsibility for your use of the Site. You represent and warrant that any information, data or material you provide to Jeff’s Jigs and Flies through any means, including but not limited to, part of registration, purchasing, subscription or to gain access to or use any services offered on the Site, is truthful, accurate, not misleading, not confidential property of others, not in violation of any other third party’s rights and offered in good faith.
A. Returns. Jeff’s Jigs and Flies takes the upmost care to make sure its products are high quality, effective and durable. Jeff’s Jigs and Flies will only accept un-fished product in its original packaging. Please contact us for authorization prior to returning products. Authorized returns will result in a credit for the price you paid for the product, less shipping and handling charges.
B. Shipping. All items are shipped with a flat rate of $5.50, and that only covers Alaska, Hawaii, and the lower 48 states. All shipping to outside of Alaska, Hawaii, and the lower 48 states could be subject to increased shipping price charged after the purchase.
V. Forums and Comments
A. Use of Forums and Comment Functions. Jeff’s Jigs and Flies may allow you to post comments or other material in a comments section or a forum on the Site. All information you disclose in a comment or a posting in a forum becomes public information and can be used by people you do not know. Exercise caution when deciding to disclose any personal or other information in a forum. Any such disclosures are at your own risk.
B. User-Submitted Content. With respect to any and all content submitted to the Site, you grant Jeff’s Jigs and Flies a royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use and display any content worldwide and/or to incorporate it in any other works in any form, media or technology without compensation or attribution to you. This license includes new product ideas and designs.
C. No Obligation to Monitor. Jeff’s Jigs and Flies may monitor or review posted messages from time to time, but does not actively monitor the contents of the forums. You acknowledge that Jeff’s Jigs and Flies has no obligation to monitor comments or forum contents. You are solely responsible and liable for the contents of your postings. Jeff’s Jigs and Flies is not responsible in any way for the content or opinions expressed by users of the Site. Jeff’s Jigs and Flies has the right, but not the obligation, to remove, edit or alter, at any time, any material posted to the forums as it deems appropriate and in its sole discretion.
D. Views Are Not Those of Jeff’s Jigs and Flies. You acknowledge that the content of all postings express the views of the author, and not of Jeff’s Jigs and Flies or any other entity, person, representative or agent associated with Jeff’s Jigs and Flies. You also acknowledge that your use of or reliance on the information posted by other users in this forum is at your own risk.
E. Forum and Comment Rules. Your access to the forums and ability to provide comments is subject to your compliance with the Terms and the following rules of conduct. By viewing a comment or a forum, you specifically agree to comply with each of the following:
You will not post any copyrighted material unless you own or control the copyright in and to such material.
- You will not use any forum to post or transmit any message or other material that violates or infringes the rights of any other party, including, without limitation, rights of privacy, rights of publicity, copyright, trademark, or other intellectual property rights.
- You will not use any forum to post or transmit any material that is: abusive, hateful, racist, bigoted, sexist, harassing, threatening, inflammatory, defamatory, knowingly false, vulgar, obscene, sexually-oriented, profane or is otherwise in violation of any applicable law, rule or regulation.
- You will not use any forum for commercial purposes, including, without limitation, posting advertisements or solicitations.
- You will not post or transmit any software or computer files that contain a virus, worm or other disruptive or harmful component.
A violation of any of the above rules of conduct may result in removal of a user’s comment(s) or posting(s), revocation of registration and/or banning a user from the comments section or forum, which would prohibit the user from having any access to any or all of the forums.
F. Your Responsibility. You assume total responsibility and risk for your use of and participation in any forum on this website. If you are dissatisfied with any part of the comments section or any forum on the Site, your sole remedy is to cease use of the comments section or forum, as applicable.
VI. Intellectual Property
A. In general. The term “Intellectual Property Rights” means collectively, rights under patent, trademark, copyright and trade secret laws, and any other intellectual property or proprietary rights recognized in any country or jurisdiction worldwide including, without limitation, moral rights and similar rights.
B. Jeff’s Jigs and Flies’ intellectual property. The Site and the Jeff’s Jigs and Flies logo and graphics are the trademarks of Jeff’s Jigs and Flies.
The Site and its contents, including, without limitation, text, graphics, logos, button icons, images, drawings, animation, video clips, audio clips, literature and software are © 2011 Jeff’s Jigs and Flies, LLC, or are the property of its sponsors or business affiliates, and/or their respective licensors, and are subject to U.S. and international Intellectual Property Rights laws. No portion of the materials on the Site may be reprinted or republished in any form, without the express written consent of Jeff’s Jigs and Flies.
The compilation of all content on the Site is the exclusive property of Jeff’s Jigs and Flies and is protected by U.S. and international copyright laws. All software used on the Site is the property of Jeff’s Jigs and Flies or its licensors and is subject to U.S. and international copyright laws. Except to the minimum extent otherwise expressly permitted under copyright law, no copying or exploitation of material from the Site is permitted except in accordance with these Terms or with the written permission of Jeff’s Jigs and Flies and any other applicable copyright owner. Use of the Site for any purpose does not allow you to acquire any ownership rights. All rights not expressly granted hereunder are reserved to Jeff’s Jigs and Flies.
C. Prohibited uses of the Site. You may not use the Site to: (1) transmit or post any copyrighted material, unless you are the copyright owner or have obtained the permission of the copyright owner for the transmission or posting; (2) transmit or post any material that reveals trade secrets, unless you own them or have the permission of the owner to so transmit or post them; or (3) transmit or post any material that infringes on any Intellectual Property Rights (as defined above in section III. A.) of others or violates anyone else’s privacy or rights of publicity.
E. No Claims to Third-Party Intellectual Property. No claim is made by Jeff’s Jigs and Flies to the intellectual property of other individuals, companies, or entities.
Jeff’s Jigs and Flies values your business and is committed to doing everything possible to make our online ordering process secure.
A. Secure ordering process. Any credit card information you enter on our site is strongly encrypted by industry-standard protocol, SSL (Secure Sockets Layer). The Site uses SSL to communicate with secure browsers like Firefox, Safari, and Internet Explorer. These browsers encrypt your credit card and personal information in a way that makes it extremely difficult for anyone to intercept and misuse while being transmitted between your computer and our server.
B. Limits on security. The security measures employed by Jeff’s Jigs and Flies may not prevent all loss, misuse or alteration of information on the Site. Jeff’s Jigs and Flies is not responsible for any damages or liabilities relating to or caused by any such security failures. You understand that data and communications, including e-mail and other electronic communications, may be accessed by unauthorized third parties when transmitted over the Internet. Please note that the Site may contain links to other web sites. Jeff’s Jigs and Flies is not responsible for and cannot guarantee or warrantee the security, privacy practices or content of other web sites.
C. Security violations, cracking and hacking. Attempts to violate the Site’s security measures will not be tolerated and any such attempt is strictly prohibited. By using the Site, you agree not to: (1) access data or materials not intended for you or for public disclosure; (2) attempt to log into a server or account that is not your own or to which you are not authorized to access; (3) attempt to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures; or (4) attempt to interfere with service to any user, host or network, including but not limited to, by means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing” the Site.
Violations of system or network security may result in civil or criminal liability. Jeff’s Jigs and Flies reserves the right to investigate occurrences which may involve such violations and will involve or cooperate with law enforcement authorities to prosecute users who have participated in such violations.
VIII. Warranties and Remedies
A. WARRANTY DISCLAIMER. The products sold by Jeff’s Jigs and Flies and content, services, information and ability to access the Site are provided to you on an “as-is” basis. Jeff’s Jigs and Flies DOES NOT PROVIDE ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SATISFACTORY QUALITY AND NON-INFRINGEMENT.
Jeff’s Jigs and Flies does not warrant or represent that any part of the Site will operate without interruption or without error. Defects in the Site may not be corrected. Jeff’s Jigs and Flies does not warrant or represent that the Site or the servers or network that makes the Site available to you are free from viruses, malware, spyware, or other harmful code or programs. Jeff’s Jigs and Flies does not warrant or represent that access to the Site will always be possible or error-free.
Jeff’s Jigs and Flies does not warrant or make any representations regarding the correctness or veracity of information provided on the Site. Fishing is, by its nature, a sport of skill and chance. Fishing reports and other information posted on the Site do not create a guarantee of success for you in your fishing adventures. Verify information obtained from Jeff’s Jigs and Flies before relying on it. Jeff’s Jigs and Flies disclaims responsibility for the accuracy, content, availability, products, or services found on third-party web sites that link to or from the Site. Jeff’s Jigs and Flies does not control and therefore cannot be held responsible for any material found on third-party web sites.
B. LIMITATION OF REMEDIES. You use the Site and the products sold by Jeff’s Jigs and Flies at your own risk. Jeff’s Jigs and Flies SHALL NOT BE LIABLE FOR DAMAGES INCLUDING BUT NOT LIMITED TO DIRECT, SPECIAL, INDIRECT, PUNITIVE, CONSEQUENTIAL, EXEMPLARY AND/OR INCIDENTAL DAMAGES resulting from your use of Jeff’s Jigs and Flies’ products or use or inability to use the Site. Jeff’s Jigs and Flies’ total liability to you or any third-party for any damages, losses, claims or causes of action shall not exceed the cost of the products sold to you by Jeff’s Jigs and Flies that are connected to the alleged damages.
IX. Disputes and Indemnification
A. Arbitration: Where permitted by state law, you acknowledge and agree that any dispute between you and Jeff’s Jigs and Flies arising out your use Jeff’s Jigs and Flies’ products or use of the Site shall be settled by arbitration in the State of Minnesota pursuant to Minnesota State Law. If the law of your state of residence does not permit mandatory consumer arbitration, you agree to the choice of forum and choice of law provisions below.
B. No Duty to defend. You agree that Jeff’s Jigs and Flies does not have any duty to defend you in connection with any dispute, lawsuit or cause of action.
D. Choice of forum: You agree that any dispute not subject to the mandatory arbitration clause set out above shall be brought in Minnesota State Court in Lake County, Minnesota or if appropriate the United States District Court for the District of Minnesota. By using the Site, you waive any jurisdictional, venue, or inconvenient forum objections.
X. Other Terms
B. Modification. Jeff’s Jigs and Flies may modify the Terms of Service at any time. The modified Terms of Service will be posted on the Site under a page titled “Legal Notice”, “New Terms of Service”, or similar title. You agree that such posting is valid notice of the modified terms. Continued use of the Site after the Terms of Service are modified signals your agreement to be bound by the new Terms of Service.
C. Severability. If a court of competent jurisdiction holds any part of this agreement to be unenforceable, the unenforceable provisions shall be limited or eliminated, and the remainder of the agreement shall remain in full force and effect.
D. Specific to Jeff’s Jigs. These Terms have been specifically created for Jeff’s Jigs and Flies by the law firm of Fryberger, Buchanan, Smith & Frederick P.A. These Terms may not be reused by any other party without express permission of Fryberger, Buchanan, Smith & Frederick P.A. These Terms are © 2011 by Fryberger, Buchanan, Smith & Frederick P.A.
Jeff’s Jigs and Flies may collect certain non-personally identifiable information (“Non-personal Data”) when you visit the Site, such as the type of Internet browser you are using (e.g., Firefox, Internet Explorer), the type of operating system you are using, (e.g., Windows XP or Mac OS), the domain name of your Internet service provider (e.g., America Online, Comcast, etc.), your IP address, data about the number of your visits to the Site and/or data about the pages you visited.
Jeff’s Jigs and Flies uses the Non-personal Data to improve the design and content of our site and to enable us to improve your future visits to the Site. Non-personal Data will be used by Jeff’s Jigs and Flies to track site usage as well as create services and/or offer products to fit your needs.
Jeff’s Jigs and Flies may also ask you for information that tells us specifically who you are (“Personal Information”), including but not limited to your name, e-mail address, credit card number and other credit related, postal address, telephone number, fax number as well as other relevant information. Jeff’s Jigs and Flies collects Personal Information about you when you order products through the Site. If you enter any promotions or sweepstakes, or in other circumstances such as from requests for more information or messages sent to Jeff’s Jigs and Flies, Jeff’s Jigs and Flies will not use the Personal Information without your permission except in the circumstances listed in this policy.
Personal Information may also be used to contact you in case you have won a contest, requested information, or if there is a problem processing your order. It may also be used to compile statistical information to learn where people who visit our site come from. Jeff’s Jigs and Flies also uses the Personal Information you provide about yourself: (1) to respond to questions about Jeff’s Jigs and Flies or products offered by Jeff’s Jigs and Flies; (2) to collect on past-due accounts; (3) to provide you additional and updated information, materials and other advertisements; (4) to offer you other materials and/or information that may be of interest to you; (5) to cooperate with law enforcement or government agencies or as otherwise required by law; (6) to protect the security of the Site; (7) to protect against a threat of safety or destruction of property; and (8) to protect Jeff’s Jigs and Flies against legal liability.
Jeff’s Jigs and Flies knows that you care how information about you is used and shared. Jeff’s Jigs and Flies is not in the business of selling customer’s e-mail or other contact information to unrelated third-parties. Jeff’s Jigs and Flies may, however, use your email address or physical address to send you special offers through email or regular mail. These special offers may come from Jeff’s Jigs and Flies or its partners. You may unsubscribe from the mailing list at any time by contacting Jeff’s Jigs and Flies.
Jeff’s Jigs and Flies owns all Non-personal Data and Personal Information collected at the Site and will maintain copies of the Non-personal Data and Personal Information as part of its records. The Non-personal Data and Personal Information may be transferred, distributed or sold as part of Jeff’s Jigs and Flies assets.
Under the COPPA, a “child” is anyone under thirteen (13) years of age and “personal information” is defined as individually identifiable information, such as a first and last name; a home or other physical address including street name and city or town; an e-mail address; a telephone number; a social security number; or persistent identifiers such as customer or processor serial numbers held in a cookie, where the identifier is associated with individually identifiable information. Jeff’s Jigs and Flies normally does not collect personal information as defined under COPPA from children under the age of thirteen (13). We collect and use only as much information about a child as necessary, and do not condition use of the Site on the disclosure of more personal information than is reasonably necessary.
Jeff’s Jigs and Flies requires parental consent before collecting, using, or disclosing certain personal information from children as required by COPPA. Parental consent must be demonstrated through use of a valid credit card to create an order from the Site or by a written (electronic or otherwise) message to Jeff’s Jigs and Flies providing express consent. Parents may review and have their child’s personal information deleted from Jeff’s Jigs and Flies’ records, and may refuse to permit further collection or use of their child’s information by contacting Jeff’s Jigs and Flies. Parents may consent to our collection and use of their child’s personal information without consenting to the disclosure of that information to others.