Our Pledge to You, Our Fly Fishing Customer
Bestflyrods.com respects your online privacy. Bestflyrods.com does not rent, sell, trade, loan, give away or barter any identifiable information regarding its customers to any third party. Any information you give us is held with the utmost care and security, and will not be used in ways to which you have not consented.
The Site does not knowingly collect or solicit Personally Identifiable Information from or about children under 13 except as permitted by law. If we discover we have received any information from a child under 13 in violation of this policy, we will delete that information immediately. If you believe the Site has any information from or about anyone under 13, please contact us at the address listed below.
The Site encourages parents to go online with their kids. Here are a few tips to help make a child’s online experience safer:
- Teach kids never to give personal information, unless supervised by a parent or responsible adult. Information includes name, address, phone, school, personal pictures, pictures that could be used to identify work places, homes or schools, etc.
- Know the sites your kids are visiting and which sites are appropriate.
- Look for Web site privacy policies. Know how your child’s information is treated.
Check out the FTC’s site for more tips on protecting children’s privacy online.
California Online Privacy Protection Act Of 2003 (OPPA)
You may opt out of email lists by using the unsubscribe link in emails. You may request removeal or other changes to your personal information maintained by this Website by using our contact form.
Data Security — We take measures to ensure that unauthorized outside parties do not have access to any information we have about you, but we do not warranty that unauthorized outside parties will not breach our systems and thus have access to your information.
What Information We Collect
You must assume that any web-viewing or web-use activity is monitored, tracked, and information collected. The personal information we do collect from you are a name, email address and ip address when you use our contact us form. Any reply to a contact request has a remove link on the bottom of the automatically generated responses. We use Aweber.com for our list management and all personal information is maintained by them on their secure servers.
“Cookies” is web terminology for a small alphanumeric computer code placed on your hard drive. This computer code is in the form of small text files denoted by the txt file extension in the Cookies folder. Websites use this to keep you ‘logged in’, to keep track of search criteria, to monitor website use, to password protect use of the site or improve site navigation and / or interactivity and to assist you in purchase of products from their website.
In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do so, you may be unable to access certain portions of the site or may be asked to re-enter your information, and we may not be able to customize the site’s features according to your preferences. Also your use of our vendor sites may not function as you expect them to, web pages may not display properly or you may have problems purchasing products from them.
How We Use Your Information
When you purchase products directly from Bestflyrods.com or use our contact us form or join our email notification list, we place you on our list to receive email regarding updates about special offers, new products, and new services. Any update notice you receive has an opt-out link at the bottom. If you do not wish to receive email updates, simply click the opt-out link and you will be removed. You also have the right to contact us via our contact form with the correct name and email you signed up with and request to be removed from our email lists. We will do so.
We also do not send out tons of emails urging you to purchase products. We don’t like spam and we assume you don’t either. But when a good sale comes along, we do like to pass on the information to those on our list. We also send out information on ongoing weekly specials before they are advertised to our website visitors in general.
If we start an ezine again, we will notify you and you will have the opportunity to opt-in if you so desire.
Notwithstanding the above policies, we reserve the right to disclose your personal information to appropriate third parties if we are required to do so by law or we believe that such action is necessary:
- To comply with legal process such as a search warrant, subpoena or court order;
- To protect the company’s rights and property;
- To investigate reports of fraud or of users sending material using a false e-mail address or users sending harassing, threatening, or abusive messages;
- To protect against misuse or unauthorized use of our web site; or
- During emergencies, such as when we believe someone’s physical safety is at risk.
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Customer Email or Testimonials
If you are a customer and send an email to Site or if you communicate with the Site by phone or mail, you must assume the Site collects information about your communication and by communicating with the Site you give your permission to collect, archive, retrieve, and otherwise use any information collected as the Site sees fit.
Any communication which, in our sole discretion, the Site believes to be a testimonial, may be publicized for commercial purposes at the Site’s discretion.
Interaction with the Site Advertisers, Banners, Popups, or Linked Sites
Visitors clicking on banners or pop-ups, hyperlinked advertising or hyperlinks to third party websites, appearing on the Site must assume that information is being collected about them. The Site is not responsible for the use of information collected in such a fashion. Visitors must assume that (1) information will be collected, (2) third party sites will have their own terms of service, privacy and data collection policies, (3) that “cookies” and or “Web beacons” or “Clear gifs” will usually be placed on their hard drive, (4) the Site does not have any control over what happens with this information, (5) the Site takes no responsibility over the accuracy or content of advertisers, (6) the Site is not responsible for downloads from third party advertisers that contain viruses, worms, trojans, or other computer code that causes their computer or software harm, (7) the Site assumes no responsibility for any data that is gathered from the click itself or that the advertiser collects.
You assume all responsibility for checking the applicable privacy and other policies of those third parties when providing information on a feature or page operated by a third party.
Referring Email or URLs
When or If you refer an email about the Site or send the URL(s) of one or more of the Site’s web pages to a friend(s), you must assume some information is collected about your IP address, your email address and the email address of your friend(s). You must assume that any referred emails or web pages of the Sites will appear to come from your email. You must assume full responsibility for referring the Site’s web pages or emails to a friend(s). You agree to indemnify the Site for any damage whether intentional or unintentional that results from said referrals.
Information Obtained from Surveys or Polls
Unless otherwise specified in the survey or poll, any information supplied by any visitor, customer, affiliate or subscriber to the Site becomes the property of the Site and may be used for general commercial solicitation purposes, site design, product design or improvement and such information may be shared with affiliates, joint venture partners or other marketing organizations at the discretion of the Site.
Bulletin Boards, Forums, Chat Rooms or Chat Software
Visitors, subscribers, affiliates or customers who use any public or private forums, bulletin boards, chat rooms, instant messaging software or chat software supplied by the Website do so at their own risk. You agree and understand the Sites does not monitor these services or protect you from any information you post publicly or share with anyone via these services or software(s).
You agree to indemnify the Site for any damage to your computer, software or other information from any download or other interaction with said bulletin board, forums, chat room or chat software operated or supplied by the Site.
You hereby represent and warrant that you have all necessary rights in and to all Postings you provide and all material they contain and that such Postings shall not infringe any copyright, trademark, service mark, proprietary or other rights of third parties.
The Site also reserves the right to ban any member(s) of any Bulletin Board and Public or Private Forum or Chat Room that in our absolute discretion is considered to use offensive language, promote racial or hate material or engages in stalking another member or otherwise offend other members of the Forum(s) or Bulletin Board(s).
Spam or UCE (Unsolicited Commercial Email)
By providing to the Site information that forms the basis of communication with you such as a name, email address or physical address, you agree and waive all rights to file spam complaints concerning email or spam or unsolicited regular mail from the Site. By supplying such information you agreed to receive communication from the Sites or other authorized marketing organizations. However, all email communications shall contain an ‘unsubscribe’ link where you can notify the Sites that you no longer wish to receive communications from the Site and your name and email will be removed from the general database of Bestflyrods.com.
The Site takes measures to protect the data containing information related to you. As a consideration for interacting with the Site in any manner, you agree to waive any and all claims of any nature against the Site concerning loss, misuse or alteration of information. You must assume it is possible for your personal information to be obtained by others such as ‘Hackers’ and used in inappropriate ways that may cause you harm. You agree the Site is not responsible for damages to you.
Any personal information you post on the Site’s Bulletin Boards, Public or Private Forums, Chat Rooms, Instant Messaging or Chat Software supplied is available to other forum members or parties to a Chat. Such personal information may be used to spam you or send you other unsolicited offers. Such “Postings” by you are beyond the control of the Site. You agree to assume full liability for such postings and indemnify the Site for any damage or legal action brought against the Sites as a result of your Postings.
Disclosure Of Personal Information
Personal and financial information requires disclosure to your Credit Card Company, to PayPal or to third pary vendors by you for processing of payment transactions. Third Party Companies such as web hosting or autoresponder companies like Aweber.com that provide technical support for the Site may need access to your name and email to assist in resolving technical problems.
In addition, from time to time as we continue to develop our business, we may sell our business, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets. We may also disclose your information in response to a court order, when we believe we are reasonably required to do so by law. We may also disclose your personal information in connection with the collection of amounts you may owe to us, and/or to law enforcement authorities whenever we deem it appropriate or necessary. Please note we may not provide you with notice prior to any disclosure in such cases.
Disputes and Governing Law
As part of your consideration for use, interaction or viewing of the Site, purchasing products, or remarketing products, Visitors, Customers, Affiliates, Wholesalers or Subscribers agree to use binding arbitration for any dispute, claim or controversy hereafter known as a “Claim” of any kind (whether in contract, tort or otherwise) relating out of use of the Site, resale of products of the Site or Terms of Service issues, Privacy issues or solicitation issues of the Sites.
Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association and its rules are available from its website http://www.adr.org/ or from the main office at Corporate Headquarters; 1633 Broadway, 10th Floor, New York, New York 10019 212-716-5800 Fax: 212-716-5905 and its forms are available from its website http://www.adr.org/fc_filing_forms. Arbitration may also be conducted online via the online arbitration facilities of the American Arbitration Association.
All hearings related to Bestflyrods.com will take place in Denver, Colorado.
In no case shall the Visitor, Customer, Affiliate, Wholesaler or Subscriber have the right to go to court or have a jury trial. Visitor, Customer, Affiliate, Wholesaler or Subscriber will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will final and binding with limited rights of appeal.
The prevailing party(s) shall be reimbursed by the other party(s) for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses and related expenses.
Jurisdiction and Venue
If any matter concerning the arbitration shall be brought before a court of law, pre- or post-arbitration, Visitor, Customer, Affiliate, Wholesaler or Subscriber of Bestflyrods.com agrees that the sole and proper jurisdiction shall be Denver, Colorado. In the event of litigation in state or federal court, it shall take place in Denver Colorado.
Visitor, Customer, Affiliate, Wholesaler or Subscriber of Bestflyrods.com agrees that the applicable law to be applied shall, in all cases, be that of the State of Colorado