Policy last revised: March 27, 2013
REGISTRATION DATA; ACCOUNT SECURITY
In consideration of your use of the Service, you agree to (a)provide true, accurate, current and complete information about youas may be prompted by any registration forms within the Service("Registration Data"); (b) maintain the security of your passwordand identification; (c) maintain and promptly update theRegistration Data, and any other information you provide toCompany, to keep it accurate, current and complete; and (d) befully responsible for all use of your account and for any actionsthat take place using your account. You agree to immediatelynotify Company of any unauthorized use of your password or accountor any other breach of security.
TRADEMARKS AND COPYRIGHT
RECREATIONAL BOATING & FISHING FOUNDATION, TAKE ME FISHING,ANGLERS' LEGACY, other Company names, and the accompanying logos and designs, all product names, and all page headers, custom graphics, and button icons contained on this Site are service marks, trademarks, trade names and/or trade dress of Company. All other trademarks, service marks and companies' names or logos cited herein are the property of their respective owners. These elements of the Site and Service are protected by trade dress, trademark,unfair competition, and other laws and may not be copied or imitated in whole or in part and may not be used with any product or service in any manner that is likely to cause confusion. No logo, graphic, sound, or image from the Site may be copied or retransmitted, in whole or in part, unless expressly permitted by Company.
All Site design, text, titles, characters, names, graphics, the selection and arrangement thereof are property of Company and its affiliated companies or licensors. To reproduce, republish, upload,post, transmit, distribute or publicly display material from this Site, you will need written permission from Company. Users may view and download material from this site only for personal,non-commercial home use. All rights reserved.
PROPRIETARY RIGHTS IN SITE CONTENT; LIMITED LICENSE
You are solely responsible for the photos, profiles (including your name, image, and likeness), messages, notes, text,information, data, graphics, videos, listings, and other content that you upload, publish or display (hereinafter, "post") on or through the Service or the Site, or transmit to or share with other users (collectively the "User Content"). You may not post,transmit, or share User Content on the Site or Service that you did not create or that you do not have permission to post. You represent and warrant that any User Content you post, transmit, or share is owned by you or you have obtained the necessary permission for its use. You understand and agree that the Company may, but is not obligated to, review the Site and may refuse, delete, or remove(without notice) any Site Content or User Content in its sole discretion, at any time, with or without prior notice or explanation and without liability, for any reason or no reason,including User Content that in the sole judgment of the Company violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on the Site or provide to the Company.
You understand that the technical processing and transmission of the Site, including your User Content, may involve (a)transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You acknowledge and agree that any questions, comments,suggestions, ideas, feedback or other information about the Site or the Service ("Submissions"), provided by you to Company are non-confidential and shall become the sole property of Company.Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or other wise, without acknowledgment or compensation to you.
USER CODE OF CONDUCT
You understand that except for advertising programs offered by us on the Site, the Service and the Site are available for your personal, non-commercial use only, and you agree not to use,reproduce, duplicate, copy, sell, resell or exploit any portion of the Service or Site for commercial activities or sales. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or Service. You agree that you will not take any action that imposes a burden or load on our infrastructure that the Company deems in its sole discretion to be unreasonable or disproportionate to the benefits the Company obtains from your use of the Site and/or Service
You represent, warrant and agree that no materials of any kind submitted through your account or otherwise posted, transmitted, or shared by you on or through the Service will violate or infringe upon the rights of any third party, including copyright, trademark,privacy, publicity or other personal or proprietary rights; or contain libelous, defamatory or otherwise unlawful material.
In addition, you agree not to use the Service or the Site to:
THIRD PARTY WEB SITES AND CONTENT
The Site contains (or you may be sent through the Site or the Service) links to other Web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, video,information and other content or items belonging to or originating from third parties (the "Third Party Content"). Company has no control over and is not responsible in any way for any Third Party Sites accessed through the Site or any Third Party Content posted on or available through the Site, including the content, accuracy,offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Content. Such Third Party Sites are not necessarily investigated, monitored, or checked for accuracy or completeness by the Company. Inclusion of, linking to or permitting the use of any Third Party Site or any Third Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or rely on any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
The Site may contain or have links to advertisements or promotions from third parties. The appearance on the Site of or links to advertisers, sponsors, or promoters does not constitute an endorsement by Company of such sites, organizations, or their products and services, and Company has not investigated the claims made by any advertiser, promoter, or sponsor. The manner,mode and extent of advertising by Company are subject to change.Your correspondence or business dealings with, or participation in promotions of, sponsors or advertisers found on or through the Site or Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Company shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers, promoters, or sponsors on the Site or Service.
You are solely responsible for your interactions with other users and members of the Service or the Site. We reserve the right,but have no obligation, to monitor disputes between you and other users.
DISCLAIMERS REGARDING CONTENT AND USE
The Company is not responsible or liable in any manner for anyUser Content or Third Party Content posted on the Site or inconnection with the Service. Although we provide rules for userconduct and postings, we do not control and are not responsible forwhat users post, transmit or share on the Site and are notresponsible for any offensive, inappropriate, obscene, unlawful orotherwise objectionable content you may encounter on the Site or inconnection with any User Content or Third Party Content. TheCompany assumes no obligation to modify or remove any inappropriateUser Content or Third Party Content. The Company is not responsiblefor the conduct, whether online or offline, of any user of the Siteor Service.
The Company is also not responsible or liable in any manner forthe accuracy of any other Site Content. While Companyattempts to ensure that Site Content is accurate and current, muchof the information contained on the Site is obtained either frompublic sources or is Third Party Content or User Content. Information about entities or events does not imply that Companysupports or endorses the entity or event or has knowledge abouttheir quality. Reference to any products, services, processes orother information, by trade name, trademark, manufacturer, andsupplier or otherwise does not constitute or imply endorsement,sponsorship or recommendation thereof, or any affiliationtherewith, by Company.
Company is not liable for any inconvenience or loss that you mayincur by relying on information provided on this Site or Service.We strongly recommend that you check with the entity prior tovisiting or using the entity's services or facilities. We alsoencourage you to perform the normal due diligence prior tocontemplating any expenditure or purchase, as you would with anyother consumer transaction.
You agree that you must evaluate, and bear all risks associatedwith, the use of any Site Content, including any reliance on theaccuracy, completeness, or usefulness of such Site Content. In thisregard, you acknowledge that you may not rely on any Site Contentcreated by Company or submitted to Company in all parts of the Siteor Service.
If you find that the information on the Site or Service isinaccurate, misleading, or out of date, please let us know that byclicking on the "Contact Us" link located at the bottom of everypage on the site. We'll look into your complaint and takeappropriate action. Of course, if you find that an entity providesan exceptional experience or service, we'd appreciate having thatfeedback as well.
The views and conclusions contained in this Web site are thoseof the authors and should not be interpreted as representing theopinions or policies of the U.S. Government. Mention of trade namesor commercial products does not constitute their endorsement by theU.S. Government.
DISCLAIMER OF WARRANTY
THE SITE, THE SERVICE AND THE SITE CONTENT ARE PROVIDED "AS-IS"AND THE COMPANY DISCLAIMS ANY AND ALL REPRESENTATIONS ANDWARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDINGIMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR APARTICULAR PURPOSE OR NON-INFRINGEMENT. THE COMPANY CANNOTGUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THESITE AND/OR THE SERVICE. COMPANY ASSUMES NO RESPONSIBILITY FOR THETIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY USERCOMMUNICATIONS OR PERSONALIZATION SETTINGS. COMPANY DOES NOTREPRESENT OR WARRANT THAT CONTENT OR MATERIALS ON THE SITE OR THESERVICE ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE ORTHAT THE SITE OR SERVICE, ITS SERVERS, OR ANY PLATFORM APPLICATIONSARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOUSHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCHCONTENT OR MATERIALS AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECTAND DISINFECT VIRUSES. WITHOUT LIMITING THE FOREGOING, YOUUNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT,MATERIAL OR DATA FROM OR THROUGH THE SERVICE AND ANY PLATFORMAPPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BESOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOURMOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM OF ANYKIND THAT MAY RESULT.
LIMITATION ON LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES,INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL COMPANY OR ITSDIRECTORS, OFFICERS, EMPLOYEES, LICENSORS, OR AGENTS BE LIABLE TOYOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY,INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING FORANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SITE ORTHE SERVICE, ANY PLATFORM APPLICATIONS, OR ANY OF THE SITE CONTENTOR OTHER MATERIALS ON, ACCESSED THROUGH OR DOWNLOADED FROM THESITE, EVEN IF THE COMPANY IS AWARE OR HAS BEEN ADVISED OF THEPOSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THECONTRARY CONTAINED HEREIN, THE COMPANY'S LIABILITY TO YOU FOR ANYCAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL ATALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO COMPANYFOR THE SERVICE, BUT IN NO CASE WILL THE COMPANY'S LIABILITY TO YOUEXCEED $100. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO COMPANYFOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY,UNLESS OTHERWISE PERMITTED BY LAW, AND SHALL NOT BE ENTITLED TODAMAGES OF ANY KIND FROM COMPANY, REGARDLESS OF THE CAUSE OFACTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT COMPANY SHALL NOT BE LIABLEFOR USER SUBMISSIONS OR THE DEFAMATORY, OFFENSIVE, OR ILLEGALCONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROMTHE FOREGOING RESTS ENTIRELY WITH YOU.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIEDWARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IFTHESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVEADDITIONAL RIGHTS.
We respect the intellectual property rights of others and weprohibit users from uploading, posting or otherwise transmitting onthe Site or Service any materials that violate another party'sintellectual property rights. If you believe that any material onthe Site infringes upon any copyright which you own or control, youmay send a written notification of such infringement to ourDesignated Agent set forth below.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FORNOTIFYING RBFF THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEENINFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICALASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOTRECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the followingDesignated Agent:Frank Peterson, Jr.President & CEORecreational Boating and Fishing Foundation500 Montgomery St., Suite 300Alexandria, VA 22314(703) 519-0013FAX: (703) email@example.com
To be effective, the Notification must include thefollowing:
Upon receipt of the written Notification containing theinformation as outlined above:
Counter Notification: Company is not liable to Subscriber forremoval or disabling the material. If Subscriber believes that theremoval or disabling was in error, Subscriber must provide Companywith a counter-notification to have the materials replaced. To beeffective, a Counter Notification must be a written communicationprovided to Company's Designated Agent that includes substantiallythe following:
Upon receipt of a Counter Notification containing theinformation as outlined above:
REPEAT INFRINGER POLICY
In accordance with applicable laws, Company has adopted a policyof terminating, in appropriate circumstances and at Company's solediscretion, members who are deemed to be repeat infringers. Companymay also at its sole discretion limit access to the Site and/orterminate the memberships of any users who infringe anyintellectual property rights of others, whether or not there is anyrepeat infringement.
You may remove your User Content from the Site at any time, andyou may terminate your membership at any time by logging into youraccount and following the instructions in your User profile. TheCompany may terminate your membership, delete your profile and anycontent or information that you have posted on the Service or theSite or through any Platform Application and/or prohibit you fromusing or accessing the Service or the Site or any PlatformApplication (or any portion, aspect or feature of the Service orthe Site or any Platform Application) for any reason, or no reason,at any time in its sole discretion, with or without notice,including if it believes that you are under 18. Even aftertermination, the terms of this Agreement remain in effect.
AVAILABILITY OF, MODIFICATIONS TO, OR TERMINATION OF SERVICE
The Site and the Service may be temporarily unavailable fromtime to time for maintenance or other reasons. Company assumes noresponsibility for any error, omission, interruption, deletion,defect, delay in operation or transmission, communications linefailure, theft or destruction or unauthorized access to, oralteration of, User communications. The Company is not responsiblefor any technical malfunction or other problems of any telephonenetwork or service, computer systems, servers or providers,computer or mobile phone equipment, software, failure of email orwireless service on account of technical problems or trafficcongestion on the Internet or at any site or combination thereof,including injury or damage to User's or to any other person'scomputer, mobile phone, or other hardware or software, related toor resulting from using or downloading materials in connection withthe Web and/or in connection with the Service. Under nocircumstances will the Company be responsible for any loss ordamage, including any loss or damage to any User Content orpersonal injury or death, resulting from anyone's use of the Siteor the Service, any User Content or Third Party Content posted onor through the Site or the Service or transmitted to Users, or anyinteractions between users of the Site, whether online oroffline.
The Company may in its sole discretion and at any time changeany and all content, software and other items used or contained inthe Site and the Service and Platform Applications offered throughthe Site at any time without notice. The Company may in its solediscretion and at any time modify or discontinue, temporarily orpermanently, providing the Site, the Service, the PlatformApplication, or any part thereof, with or without notice.
GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that Company may establish general practices andlimits concerning use of the Site and Service, including themaximum number of days that email messages, message board postingsor other uploaded User Content will be retained by Company, themaximum number of email messages that may be sent from or receivedby an account on the Site, the maximum size of any e-mail messagethat may be sent from or received by an account on the Site, themaximum disk space that will be allotted on Company servers on yourbehalf, and the maximum number of times (and the maximum durationfor which) you may access the Site and/or Service in a given periodof time. You agree that Company has no responsibility or liabilityfor the deletion or failure to store any messages and othercommunications or other User Content maintained or transmitted bythe Site. You acknowledge that the Company reserves the right tolog off accounts that are inactive for an extended period of time.You further acknowledge that the Company reserves the right tochange these general practices and limits at any time, in its solediscretion, with or without notice.
You agree to indemnify and hold the Company, its subsidiariesand affiliates, and each of their directors, officers, agents,contractors, co-branders, partners and employees, harmless from andagainst any loss, liability, claim, demand, damages, costs andexpenses, including reasonable attorney's fees, arising out of orin connection with any User Content, any Third Party Content youpost or share on or through the Site, your use of the Service orthe Site, your conduct in connection with the Service or the Siteor with other users of the Service or the Site, or any violation ofthis Agreement or of any law or the rights of any third party.
The views and conclusions contained in this Site are those ofthe authors and should not be interpreted as representing theopinions or policies of the U.S. Government. Mention of trade namesor commercial products does not constitute their endorsement by theU.S. Government.
GOVERNING LAW; VENUE, JURISDICTION; DISPUTES, RELIEF, ATTORNEYS'FEES
THE COMPANY AND YOU HEREBY KNOWINGLY, VOLUNTARILY ANDINTENTIONALLY WAIVE ANY RIGHT EITHER OF US MAY HAVE TO A TRIAL BYJURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANYCLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PART CLAIMS) ARISINGOUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. FURTHER, THECOMPANY AND YOU HERETO CERTIFY THAT NO REPRESENTATIVE OR AGENT OFTHE OTHER HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT IT WOULDNOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OFRIGHT TO JURY TRIAL PROVISION. THE COMPANY AND YOU EACH ACKNOWLEDGETHAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTYENTERING INTO THIS AGREEMENT.
THE COMPANY AND YOU AGREE THAT ANY CAUSE OF ACTION ARISING OUTOF OR RELATED TO THIS AGREEMENT OR YOUR USE OF THE SERVICE OR SITEMUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTIONACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
DEFINITIONS AND CONSTRUCTIONS
Unless otherwise specified, the terms "includes", "including","e.g.,", "for example", and other similar terms are deemed toinclude the term "without limitation" immediately thereafter. Termsused in these Terms with the initial letter(s) capitalized willhave the meaning attributed to them in these Terms. The sectiontitles are for convenience only and have no legal or contractualeffect.
INTEGRATION, NOTICES, WAIVER, SEVERABILITY
When you visit or use this Site or Service and send e-mails tous through this Site or another provider, you are communicatingwith us electronically and thus consent to receive communicationsfrom us electronically. We will communicate with you by e-mail orby posting notices on this Site or linking to such notices. Youagree that all agreements, notices, disclosures, and othercommunications that we provide to you electronically satisfy anylegal requirement that such communications be in writing
A. COLLECTING PERSONAL INFORMATION RBFF collects certain personal information from you, by necessity, when you register to use the Service including but not limited to your name, mailing address, email address and phone number.
We will also collect personal information from you when you request additional information from us or when you use areas of RBFF's Web site in which users voluntarily provide content submissions or suggestions or otherwise participate in interactive online activities, including but not limited to participation in our online surveys, contests, sweepstakes and pledge activities.
We may also collect information regarding your activities on RBFF's Web site, including but not limited to information regarding purchases you make and the navigation paths you take. We may also collect user population, demographic information, traffic patterns and other information about the online activities of our users on an aggregate basis.
B. USE AND DISCLOSURE OF PERSONAL INFORMATION RBFF collects and uses the personal information you provide for the specific purposes for which you provide it, such as processing your on-line registration, sending you information you have requested, and allowing you to participate in activities or provide content submissions or suggestions.
We also collect and use information to notify you about our new and existing content, events, products, or services, to inform you about RBFF, its activities, programs, and missions, and to solicit your support of RBFF. If you do not wish to receive additional information about RBFF and its programs, click here to have your information removed from our database for these purposes.
We also may share your information (including for compensation)with aligned organizations and with our business and other partners who may contact you about their organizations and their products,services, and special offers that may be of interest to you. If you do not wish to have your information shared with RBFF partners,including aligned organizations and businesses, click here to have your information removed from our database for these purposes.
RBFF may provide a variety of promotions, sweepstakes and other services on the Site, some of which may be provided in conjunction with a partner company. In order to provide such co-branded promotions, sweepstakes and services to you, it may be necessary for us to share your personally identifiable information with our partner companies. If you do not want your data to be shared with the partner company, please do not use the service or participate in the sweepstakes or promotion.
RBFF may also share your personal information with third party service providers to whom we outsource certain administrative and other functions, including third party providers of billing services, third party shipping companies, e-mail distribution outsourcers and market analysis vendors.
In order for us to enhance our ability to tailor the Site to an individual's preference, we may share and receive information about the purchasing habits of our users with third party market an alysis vendors, to create a personalized user profile.
Aggregate information on our users' demographics, interests, and behavior may be compiled, analyzed and shared with our business partners, vendors, advertisers and other affiliates.
We may also disclose our users' personally identifiable information in special cases when we have reason to believe that disclosing such information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with RBFF's rights or property, other users of RBFF's Web site, or anyone else that could be harmed by such activities.We may also disclose your personally identifiable information when we believe in good faith that the law requires it or for administrative and other purposes that we deem necessary to maintain, service, and improve RBFF's Web site.
The description of our use of your personally identifiable information above is not exclusive.
C. CONTACTING YOU We may send you newsletters and other materials from time to time containing information that we think may be of interest to you. If you later decide you do not wish to receive any further marketing materials, click here to opt-out of receiving future mailings.Please be aware that we may contact you for administrative purposes, to notify you about important changes to the Site or to respond to your inquiries, even if you unsubscribe from our mail list.
Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent it. However, if you choose to disable our cookies, you may not be able to use certain features of RBFF's Web site.
In some cases we may also track or collect information about your use of RBFF's Web site by small, 1-pixel gifs (Web bugs), the numeric address assigned to the computer you are using (your IP address) or by the URLs that you come from or leave to. These methods allow us to analyze trends across RBFF's Web site, such as which of our Web pages are most popular and to track your behavior on RBFF's Web site, such as which articles you choose to read. We also use this information to resolve server problems and to administer RBFF's Web site. Generally, we use this information for internal analysis and do not associate this information with any other personally identifiable information that you may have provided us.
E. ACCESSING AND CORRECTING YOUR INFORMATION If you would like to review, update or correct the personal information you have provided to us, click here.
I. CONTACT INFORMATION Questions or suggestions should be directed to firstname.lastname@example.org.
©2013 RBFF. All Rights Reserved