Terms and Conditions

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the https://www.maclayfamilyfishing.com website (the “Service”) operated by Maclay Family Fish Co. (“Maclay Family Fishing”, “us”, “we”, or “our”).

Your access to and use of the Service is conditioned upon your acceptance of and compliance with these Terms. These Terms constitute a binding agreement between you and Maclay Family Fishing and apply to all visitors, users and others who wish to access or use the Service.

BY ACCESSING OR USING THE SERVICE IN ANY MANNER, WHETHER AUTOMATED OR OTHERWISE, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO THESE TERMS AND CONDITIONS AND OUR PRIVACY POLICY, AND (B) AFFIRM THAT YOU ARE AT LEAST 18 YEARS OF AGE (OR HAVE REACHED THE AGE OF MAJORITY IN THE JURISDICTION WHERE YOU RESIDE). IF YOU DO NOT AGREE TO THESE TERMS OF SERVICE OR OUR PRIVACY POLICY, YOU MAY NOT USE THE SERVICE.

1. Scope and Restrictions on Use.

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service, including any graphics, text, instructions, images, audio files, and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Service (collectively, the “Content”), for your personal use. Except as otherwise provided in these Terms, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of Maclay Family Fishing. You agree not to:

• collect information from the Service using an automated software tool or manually on a mass basis;

• use automated means to access the Service, or gain unauthorized access to the Service or to any account or computer system connected to the Service;

• obtain or attempt to obtain, access to areas of the website or our systems that are not intended for access by you;

• “flood” the Service with requests or otherwise overburden, disrupt, or harm the Service or our systems;

• restrict or inhibit other users from accessing or using the Service;

• modify or delete and copyright, trademark, or other proprietary rights notices that appear on the website or in the Content; or

• access or use the Service or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

2. Purchases

All purchases made through the Service are governed by these Terms and our Privacy Policy. If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.

The Service may employ the use of third-party services for the purpose of facilitating payment and the completion of Purchases. By submitting your information, you grant us the right to provide the information to these third parties, and the use of your information shall be subject to our Privacy Policy.

We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order, or other reasons. We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.

3. Availability, Errors, Inaccuracies and Suspension

Maclay Family Fishing reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Service or any portion thereof (including any Content) at any time. We are constantly updating product and service offerings on the Service and we may experience delays in updating information on the Service and in our advertising on other websites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be inaccurately priced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.

We therefore reserve the right to change or update information and to suspend or discontinue the Service, correct errors, inaccuracies, or omissions at any time without prior notice. You agree that Maclay Family Fishing will not be liable to you or to any third party for any such change, suspension, or discontinuance of the Service.

4. Accounts

Access to and use of certain parts of the Service may require you to register for an account. When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current information about yourself as prompted by the applicable registration or log-in form at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account or your use of the Service.

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 agree to accept responsibility for any and all activities, transactions and actions that occur under your account and/or password, regardless of who conducts those activities and whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We are not liable for any loss or damage arising from your failure to protect your username or password. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.

5. User Content

Product Reviews
You may also provide information to be published or displayed on public areas of the Service, including posting reviews of our products. Any ideas, information, materials, and other user-generated content that you submit, upload, post, share display, or transmit to us on or through the Service (“User Content”) may be used by Maclay Family Fishing. You agree that any User Content you post is original, truthful and accurate. You may not post any Feedback (defined below) or User Content that:
 

• is unlawful, abusive, malicious, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy rights or right of publicity, or otherwise objectionable;

• constitutes or promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;

• contains any material that could give rise to any civil or criminal liability under any applicable laws, rules, or regulations or that otherwise may be in conflict with these Terms;

• infringes upon, misappropriates, or otherwise violates any intellectual property rights or other rights of a third party;

• encourages criminal conduct;

• contains false, misleading, fraudulent, or deceptive claims or content;

• gives the impression that it emanates from or is endorsed by us or any other person, entity, if this is not the case; or

• contains any virus, malware, spyware, or other harmful content or code.

While we do not have an obligation to prescreen, monitor, edit, or remove any User Content posted on or through the Service, we reserve the right to so. You acknowledge and agree that we are not obligated to post, keep, or use your User Content. If you post User Content, you represent and warrant to us that you own or control all rights in and to such User Content and have the right to grant the rights above to us.

You hereby grant us an irrevocable, perpetual, non-exclusive, sub-licensable, royalty-free, worldwide license to use, reproduce, display, perform, distribute, and prepare derivative works of any User Content you share for any purpose and in all forms and all media, whether now known or that become known in the future. You waive any and all claim that you may have now or may hereafter have in any jurisdiction to so called “rental rights,” “moral rights,” and all rights of “droit moral’ in that User Content, even if it is altered or changed in a manner not agreeable to you.

Feedback You Provide

If you provide feedback or suggestions to us about the Service or product ideas (“Feedback”), you agree and acknowledge that we can use that Feedback, in whole or in part, in any way without compensating you, and without any restriction or obligation to you. We will have no obligation to maintain any Feedback in confidence, to pay you any compensation for your Feedback, or to respond to any Feedback.

6. Electronic Communications

The communications between you and Maclay Family Fishing via the Service are done through electronic means. For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing, except where prohibited by law.

7. Intellectual Property

The Service and the Content, features and functionality are and will remain the exclusive property of Maclay Family Fish Co. and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Without limiting the foregoing, the trademarks, service marks, and logos displayed on the website are registered and unregistered marks of Maclay Family Fishing and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Maclay Family Fish Co.

8. Reporting Intellectual Property Infringement

We take claims of intellectual property infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any of the Content accessible on the Service infringes your copyright, you may request removal of such Content (or access thereto) by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), your written notice of alleged copyright infringement must include substantially the following:

• your physical or electronic signature;

• identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Service, a representative list of such works;

• identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;

• adequate information by which we can contact you (including your name, postal address, telephone number and, if available, email address);

• a statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law;

• a statement that the information in your written notice is accurate; and

• a statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Contact to receive DMCA notices is: craig@maclayfamilyfishing.com. 

Note that this contact information is only for inquiries regarding potential copyright infringement only, all other inquiries should be addressed to the contact information found below.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA notice may not be effective. Please be aware that if you knowingly misrepresent that Content on the Service is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

9. Third Party Materials

The Service may contain links to third party web sites or services that are not owned or controlled by Maclay Family Fish Co.. Maclay Family Fish Co. has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services.

In addition, the Services may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or (collectively, “Third Party Materials”).

You acknowledge and agree that Maclay Family Fish Co. 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 such content, goods or services available on or through the Services, including any such Third Party Materials. Third Party Materials and links are provided solely as a convenience to you, and you access and use them at entirely your own risk and subject to such third parties’ terms and conditions. We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

10. Termination

We may terminate or suspend your account and bar access to the Service immediately, without prior notice or liability, under our sole discretion, for any reason whatsoever and without limitation, including but not limited to a breach of the Terms.

If you wish to terminate your account, you may simply discontinue using the Service.

In the event that we suspend or terminate your access to the Service, you will continue to be bound by the Terms that were in effect as of the date of your suspension or termination. All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

11. Indemnification

You agree to defend, indemnify and hold harmless Maclay Family Fish Co. and its service providers, licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password, or b) a breach of these Terms or applicable law. Your indemnification obligation will survive the termination of your use of the Service and/or these Terms.

12. Limitation Of Liability

IN NO EVENT SHALL Maclay Family Fish Co., NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF: PROFITS, REVENUE, BUSINESS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, 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. USE OF THE SERVICE IS AT YOUR SOLE RISK.

Some jurisdictions do not allow the exclusion or limitation of certain warranties or consequential damages, so some of the exclusions and/or limitation in this Section may not apply to you.

13. Disclaimer

YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND THE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. THE SERVICE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, AND Maclay Family Fishing HEREBY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR COURSE OF PERFORMANCE.

Maclay Family Fish Co. ITS SUBSIDIARIES, AFFILIATES, AND ITS LICENSORS DO NOT WARRANT THAT A) THE SERVICE WILL FUNCTION UNINTERRUPTED, SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; B) ANY ERRORS OR DEFECTS WILL BE CORRECTED; C) THE SERVICE, CONTENT, OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR D) THE RESULTS OF USING THE SERVICE WILL MEET YOUR REQUIREMENTS.

14. Exclusions

Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.

15. Governing Law, Waiver and Severability

These Terms shall be governed and construed in accordance with the laws of California, United States, without regard to its conflict of law provisions.

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 full force and effect. These Terms constitute the entire agreement between us regarding our Service and supersede and replace any prior agreements we might have had between us regarding the Service.

16. Claims

Any and all claims, disputes, grievances or causes of action (“Claims”), regardless of whether such Claims arise under federal, state or local statute, rule or regulation, or at common law, which relate in any way to the Site, your use of the Site, the services, or the Company shall be exclusively resolved by binding arbitration, rather than in any court or quasi-judicial forum of any sort. The Federal Arbitration Act and federal arbitration law expressly apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Use as a court would. To begin an arbitration proceeding, you must send an email requesting arbitration and describing your claim to craig@maclayfamilyfishing.com

The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location.

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND SHALL UNDER NO CIRCUMSTANCE BE CONDUCTED ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION BASIS. 

The foregoing class action waiver applies to any and all Claims, regardless of the nature of any such Claims.  If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial, and no such action may be conducted on a class, consolidated or representative action basis. 

17. Changes

We reserve the right, at our sole discretion, to modify or replace these Terms from time to time. The date these Terms were last updated is set forth at the top of this page. If a revision is material we will provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after any revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, you are no longer authorized to use the Service.

18. Privacy Policy

You acknowledge and agree that all information collected by Maclay Family Fishing is subject to our Privacy Policy. By using the Service, you consent to all action we take with respect to your information in compliance with our Privacy Policy.

19. Promotions

In addition to these Terms, sweepstakes, contests, games, or other promotions (collectively, “Promotions”) may be made available through the Service, and such Promotions may have specific rules that are different from these Terms. We urge you to review the applicable rules before you participate in a Promotion. In the event of a conflict between these Terms and Promotion rules, Promotion rules will control with respect to the Promotion.

20. Entire Agreement

These Terms, including our Privacy Policy and other relevant documents constitute the sole and entire agreement between you and Maclay Family Fishing with respect to the subject matter hereof, and supersede and replace all prior contemporaneous understandings or agreements, written or oral, regarding such subject matter.

21. Contact Us

If you have any questions about these Terms, please contact us.
Phone: (707) 834-3716
Email: craig@maclayfamilyfishing.com