Thank you for visiting troutunlimited.com (the “Website”). The Website is offered as an information and education service by Trout Unlimited. We at Trout Unlimited want each visitor to the Website (“you”) to have a useful and informative visit, and we have established the following Terms of Service and Conditions of Use (“Agreement”) so that we (each) know what to expect from each other.
PLEASE READ THE FOLLOWING CAREFULLY. THIS IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Trout Unlimited. IN USING THE WEBSITE, YOU AGREE TO BE BOUND BY THE TERMS SET FORTH HEREIN.
Except for public domain materials, this Website is protected by intellectual property laws, including but not limited to U.S. copyright laws. You expressly acknowledge and agree that the content accessible within the Website is the proprietary information of the Trout Unlimited and its content providers, and that Trout Unlimited and its content providers retain all right, title, and interest in the content. You have a nonexclusive, nontransferable, limited, revocable right to use the Website solely for your personal educational and informational use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. The copying, redistribution, use or publication by you of any part of the Website, except as allowed herein, is strictly prohibited without our express prior written consent.
You are granted a limited license to print copies of any content posted at the Website, but only for your personal use. Except as expressly provided, all rights are reserved. Among other things, except to the extent required for the limited purpose of reviewing material on our Website, electronic reproduction, adaptation, distribution, performance or display is prohibited. Changes to author attribution or copyright notices are prohibited. Use of any of our trademarks as meta tags on any other website is also strictly prohibited. You may not display the Website or portions thereof by framing or in any other manner without our express written permission. You may, however, establish ordinary non‑commercial links to our Website without our written permission. You agree to cooperate with us to cause all unauthorized co‑branding, framing or linking to immediately cease.
OPERATING POLICIES AND CONDUCT GUIDELINES.
You agree to comply with the operating policies and conduct guidelines set forth herein, which are the rules that govern your use of the Website as they are amended from time to time. Your failure to observe any of the limitations or obligations may under certain circumstances, result in civil or criminal liability.
Your privilege to use this Website and contribute to blog discussions, discussion boards and other activities to the extent available, on the Website depends on your compliance with these operating policies and conduct guidelines. We may revoke your privileges to use all or a portion of this Website and/or take any other appropriate measures to enforce these policies and guidelines if violations are brought to our attention.
This Website is intended for adult use. Children under the age of 13 may participate on our Website only with a signed/verbal consent form and with direct supervision of their parent or legal guardian. All children under the age of 13 MUST have a verifiable signed release and contact information of their parent or legal guardian on file before their account will be activated.
You acknowledge that all content posted, emailed, or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the “Postings”), are the sole responsibility of the person who made such Postings. This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website. We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity or quality of such Postings. Under no circumstances will we be liable in any way for any Postings (other than for content developed by us), including, but not limited to, for any errors or omissions in any Postings, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.
By using this Website, you agree not to:
- disrupt or intercept the information posted on this Website;
- circumvent any security features of this Website;
- intercept or attempt to intercept email or other private communications not intended for you;
- upload files that contain a virus or corrupted data;
- use the Website in a manner that adversely affects the availability of its resources to other Website users.
- upload, post, email or otherwise transmit any postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);
- upload, post, email or otherwise transmit any postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;
- upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation;
- solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or access or attempt to access another user’s account without his or her consent; or
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law.
By using this Website, you agree to abide by all applicable, local, state, federal and international laws, rules and regulations.
CONTENT SUBMITTED BY YOU.
Blogs, Discussion Boards, Photos, Videos and Other Activities
PRIVACY AND SECURITY.
You also acknowledge that, there is no absolute guarantee of security. In the event of an interception or unauthorized access despite our efforts, Trout Unlimited shall not be responsible for such interceptions or unauthorized access.
We reserve complete and sole discretion with respect to the operation of the Website. We also reserve the right to withdraw, suspend or discontinue any functionality or feature of the Website at any time without notice.
Trout Unlimited may, under certain circumstances, terminate your access to the Website or Trout Unlimited services without notice. All terminations shall be made in Trout Unlimited’ sole discretion and Trout Unlimited shall not be liable to you or any third-party for any termination of your access to the Service.
This Website is exclusively intended for use in the United States. Trout Unlimited provides no guarantee that the information presented on this Website are accurate outside United States. If this Website is used outside United States or if you download contents from outside United States, it is your own responsibility to ensure that you act in compliance with local laws, regulations and/or legislation.
THIRD PARTY WEBSITE AND CONTENT.
The website may contain links to third-party websites, which are not under the control of Trout Unlimited. Trout Unlimited makes no representation whatsoever about any other website to which you may have access through its website. When you access a non-Trout Unlimited website, you do so at your own risk and Trout Unlimited is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. Trout Unlimited provides these links merely as a convenience and the inclusion of such links does not imply that Trout Unlimited endorses or accepts any responsibility for the content or uses of such websites. We disclaim all liability with regard to your access to such links.
While Trout Unlimited attempts to keep the information presented on this Website current, information and knowledge change quickly, and this Website should not be considered error-free or as a comprehensive source of all information on a particular topic. Although we make every effort to ensure the correctness of data, we disclaim responsibility for any errors or omission, including but not limited to, unintended inaccuracies or typographical errors in the materials. You also understand that we cannot and do not guarantee or warrant that files which may be available for downloading will be free of viruses, worms, Trojan horses or other code that contain contaminating or destructive properties.
YOU EXPRESSLY AGREE THAT ACCESS TO AND USE OF THE WEBSITE AND TROUT UNLIMITED’ SERVICES IS AT YOUR SOLE RISK. THE WEBSITE AND TROUT UNLIMITED’ SERVICES ARE PROVIDED ON AN “AS IS” AND AN “AS AVAILABLE” BASIS. TROUT UNLIMITED DOES NOT MAKE, AND HEREBY DISCLAIMS, ANY REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, REGARDING (A) THE WEBSITE; AND (B) THE PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE, OR ANY PORTION THEREOF, INCLUDING (WITHOUT LIMITATION) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND ANY WARRANTIES ARISING BY COURSE OF DEALING OR CUSTOM OF TRADE. TROUT UNLIMITED MAKES NO REPRESENTATION OR WARRANTY THAT ANY MATERIAL, CONTENT, PRODUCTS, OR SERVICES DISPLAYED ON OR OFFERED THROUGH THE WEBSITE IS ACCURATE, COMPLETE, APPROPRIATE, RELIABLE, OR TIMELY. WE ASSUME NO LIABILITY FOR ANY ACTION TAKEN BASED ON INFORMATION FOUND ON THE WEBSITE OR ANY OTHER WEB SITES LINKED TO IT, OR SERVICES PROVIDED BY TROUT UNLIMITED AND ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCES RELATING DIRECTLY OR INDIRECTLY FOR ANY ACTION OR INACTION YOU TAKE BASED UPON THE INFORMATION AND MATERIAL PROVIDED. TROUT UNLIMITED ALSO MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS, OR THAT YOUR ACCESS TO AND USE OF THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, FREE OF VIRUSES, MALICIOUS CODE, OR OTHER HARMFUL COMPONENTS, OR OTHERWISE WILL BE SECURE. YOUR USE OF THE WEBSITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THIS AGREEMENT AND THE WEBSITE. YOU ASSUME THE ENTIRE RISK OF LOSS IN USING THIS WEBSITE AND MATERIALS CONTAINED IN THE WEBSITE.
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS TROUT UNLIMITED AND/OR ITS AGENTS OR AFFILIATED ORGANIZATIONS FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEY’S FEES RESULTING FROM ANY VIOLATION OF THIS AGREEMENT, OR ANY ACTIVITY RELATED TO THIS WEBSITE BY YOU OR ANY OTHER PERSON ACCESSING THIS WEBSITE ON YOUR BEHALF.
WAIVER, RELEASE AND LIMITATION OF LIABILITY.
YOU AGREE THAT TROUT UNLIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY TO YOU UNDER ANY THEORY OF LIABILITY OR INDEMNITY IN CONNECTION WITH YOUR USE OF THE WEBSITE OR TROUT UNLIMITED’ SERVICES. YOU HEREBY RELEASE AND FOREVER WAIVE ANY AND ALL CLAIMS YOU MAY HAVE AGAINST TROUT UNLIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND INFORMATION PROVIDERS OR SUPPLIERS (INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY CLAIMS AND/OR CLAIMS BASED ON THE NEGLIGENCE OF ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS) FOR LOSSES OR DAMAGES YOU SUSTAIN IN CONNECTION WITH YOUR USE OF THE WEBSITE OR TROUT UNLIMITED’ SERVICES. TROUT UNLIMITED AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS SHALL HAVE NO LIABILITY FOR ANY AND ALL DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE ARISING FROM ANY USE OF THE INFORMATION OR OTHER SERVICES PROVIDED BY TROUT UNLIMITED, EVEN IF TROUT UNLIMITED OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INFORMATION PROVIDERS OR SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
YOU ACKNOWLEDGE AND AGREE THAT THE LIMITATIONS SET FORTH HEREIN ARE FUNDAMENTAL ELEMENTS OF THIS AGREEMENT AND THIS SITE WOULD NOT BE PROVIDED TO YOU ABSENT SUCH LIMITATIONS.
We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and in our discretion, terminate the rights of any user to use our Website (or any part thereof) who infringes the intellectual property rights of others. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe that your work has been copied in a way that constitutes copyright infringement or are aware of someone doing so, please contact us and include the following information:
- a physical or electronic signature of the owner of the copyright or a person authorized to act on behalf of the owner;
- identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on this website are covered by a single notification, a representative list of such works);
- identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on our Website;
- your name, mailing address, telephone number and email address;
- a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and
- a statement by you that the information in your notification is accurate, and that you attest under penalty of perjury, that you are the copyright owner or that you are authorized to act on the copyright owner’s behalf.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices with respect to this Website can be sent:
- Via email to firstname.lastname@example.org
- By postal mail to:
Trout Unlimited Membership Services
PO Box 74000
Woolly Bugger, WV 25438-7400
- By calling toll free 1-800-834-2419 (Monday-Friday, 8am-5pm, Eastern Time Zone)
These Terms and Condition and the agreement they create shall be governed by and interpreted according to the laws of Virginia (without applying the state’s conflict-of-law principles.) If any provision of this agreement is unlawful, void or unenforceable, it will not affect the validity and enforceability of any remaining provisions. Trout Unlimited may modify these Terms and Conditions, and the agreement they create, at any time, simply by updating this posting and without notice to you.
Any cause of action or claim you may have with respect to the Website must be commenced within one (1) year after the claim or cause of action arises. In the event of a dispute, the parties agree to meet and confer. If such dispute is not resolved, then the parties shall move to binding arbitration which shall be governed by the American Arbitration Association and shall be brought in Arlington, Virginia. Judgment on the arbitration award may be entered by any court of competent jurisdiction. Our failure to insist upon or enforce strict performance of any provision of this agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this agreement. We may assign our rights and duties under this agreement to any party at any time without notice to you.
No failure or delay in enforcing any provision, exercising any option, or requiring performance, shall be construed to be a waiver of that or any other right in connection with the Agreement.
If Trout Unlimited takes any legal action against you as a result of your violation of the Agreement, Trout Unlimited will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to Trout Unlimited. You agree that Trout Unlimited will not be liable to you or to any third party for termination of your access to, or use of, the Website as a result of any violation of the Agreement or for any reason at all.
This is the entire agreement regarding all the matters relating to this website.
Thank you for your cooperation. We hope you find this Website informative and convenient to use.
Questions or comments regarding this Website should be directed by e‑mail to: email@example.com or by postal mail to:
Trout Unlimited Membership Services
1300 N. 17th St.
Arlington VA, 22209-3801
Or by calling toll free 1-800-834-2419 (Monday-Friday, 8am-5pm, Eastern Time Zone)