By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the “user” or “you”) agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
1. Membership Eligibility
Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by Kokaneekid Fishing’s policies as stated in the Agreement and the Kokaneekid Fishing policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by Kokaneekid Fishing, each of which is incorporated herein by reference and each of which may be updated by Kokaneekid Fishing from time to time without notice to you:
In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by Kokaneekid Fishing from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify Kokaneekid Fishing of any unauthorized use of your password or any breach of security. You also agree that Kokaneekid Fishing cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than Kokaneekid Fishing without Kokaneekid Fishing’s express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address.
Right to Refuse Service: Kokaneekid Fishing reserves the right to refuse service to anyone, for any reason, at any time.
2. Information Control
Other Resources: Kokaneekid Fishing is not responsible for the availability of outside websites or resources linked to or referenced on the Site. Kokaneekid Fishing does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that Kokaneekid Fishing 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 the use of or reliance on any such content, goods or services available on or through any such websites or resources.
3. Resolution of Disputes and Release
In the event a dispute arises between you and Kokaneekid Fishing please contact Kokaneekid Fishing.
Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Marion County, Salem, Oregon using the English language in accordance with the Arbitration Rules and Procedures, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in Oregon. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and Kokaneekid Fishing agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.
Should you have a dispute with an outside party, you release Kokaneekid Fishing (and Kokaneekid Fishing’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
4. Kokaneekid Fishing’s Intellectual Property
Kokaneekid Fishing, and other Kokaneekid Fishing graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of Kokaneekid Fishing, in the U.S. and/or other countries. Kokaneekid Fishing’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Without limiting any other remedies, Kokaneekid Fishing may, without notice, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
7. No Warranty
KOKANEEKID FISHING, KOKANEEKID FISHING’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND KOKANEEKID FISHING’S SUPPLIERS PROVIDE KOKANEEKID FISHING’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. KOKANEEKID FISHING, KOKANEEKID FISHING’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND KOKANEEKID FISHING’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM KOKANEEKID FISHING SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
8. Liability Limit
IN NO EVENT SHALL KOKANEEKID FISHING, AND (AS APPLICABLE) KOKANEEKID FISHING’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR KOKANEEKID FISHING’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, KOKANEEKID FISHING’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
KOKANEEKID FISHING’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF KOKANEEKID FISHING’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO KOKANEEKID FISHING IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD KOKANEEKID FISHING AND (AS APPLICABLE) KOKANEEKID FISHING’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
10. No Guarantee
Kokaneekid Fishing does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside Kokaneekid Fishing’s control.
11. Legal Compliance; Taxes
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Site and any Kokaneekid Fishing service and, if applicable, your purchase of items. In addition, you shall be responsible for paying any and all taxes applicable to any purchases you make on the Site (excluding any taxes on Kokaneekid Fishing’s net income).
If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.
13. Kokaneekid Fishing Service
14. Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Oregon, excluding its conflicts of laws rules, and the United States of America.
Sections 2 (Information Control), 3 (Resolution of Dispute and Release), 4 (Kokaneekid Fishing’s Intellectual Property), 5 (Access and Interference), 6 (Breach), 7 (Privacy), 8 (No Warranty), 9 (Liability Limit), 10 (Indemnity), 11 (No Guaranty), 12 (Severability), 15 (Choice of Law) shall survive any termination or expiration of this Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to Kokaneekid Fishing; 3001 Inland Dr S.; Salem, Oregon 97302 (in the case of Kokaneekid Fishing) or, in your case, to the email address you provide to Kokaneekid Fishing (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, Kokaneekid Fishing may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to Kokaneekid Fishing. In such case, notice shall be deemed given three days after the date of mailing.
The services hereunder are offered by Kokaneekid Fishing, located at 3001 Inland Dr S; Salem, Oregon 97302. If you are an Oregon resident, you may have this same information emailed to you by sending a letter to the foregoing address with your email address and a request for this information.
Effective Date: December 9, 2011