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Terms of Use

Last updated February 22, 2021

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OR ACCESSING ANY PAGES ON THIS WEBSITE. By using or accessing this website you signify your acknowledgment and assent to the terms and conditions of use set forth below (the “Terms of Use”). This website is owned and operated by Pure Fishing, Inc. and its subsidiaries and affiliates (collectively “Pure Fishing,” “we,” or “us”). Your access to and use of the website is subject to these Terms of Use and all applicable laws and Pure Fishing reserves the right to terminate your access to the Site if you violate these Terms of Use. If you do not agree to these Terms of Use, please do not use this website. Pure Fishing is free to revise these Terms of Use at any time by updating this posting, and your use after such change signifies your acceptance of the changed terms. Please check these Terms of Use periodically for changes. Questions concerning this website, or its operation should be directed to the contact points set forth at the end of these Terms of Use.
THIS CONTRACT CONTAINS A BINDING ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES.

Proprietary Material

In connection with viewing and using this website, you are permitted to temporarily download one copy of the materials posted on this website onto a single computer for only your personal, non-commercial use. Except as otherwise specifically provided elsewhere on this website, redistribution, retransmission, republication or commercial exploitation of the contents of this website are expressly prohibited without the written consent of Pure Fishing and any copyright owner from whom we have obtained a license. Requests for such permission should be made to [email protected] or to the contact specified below. All rights not expressly granted herein are reserved by Pure Fishing. Downloading of any information, content or images from this website does not transfer any right or ownership of such information, content or images to you, and such information, content or images may be used solely in accordance with these Terms of Use. You may not mirror or archive any part of this site or any material contained on this site on any server or computer without Pure Fishing's written permission.
Pure Fishing or its licensors own all trademarks and service marks appearing on the website. The unauthorized use or misuse of these trademarks and service marks is prohibited.

Minimum Age

We do not knowingly allow persons under the age of eighteen (18) to use the Site. By using the Site, you represent and warrant that you are eighteen (18) years of age or over. Users under the age of 18 must do so with parent or guardian permission.

Contents and Hyperlinks

This website may contain hyperlinks to independent third-party websites, and those websites are the sole responsibility of such independent third parties and use thereof is solely at your own risk. Pure Fishing has no control over the content or policies of such third-party websites, and we are not responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of any websites hyperlinked to this website.

Your Communications to the Site

Except to the extent your content or communications to Pure Fishing or one of its affiliates include Personal Data or Personal Information (defined in the Privacy Policy), by forwarding any content or communications to Pure Fishing through the Site or by other electronic means, you thereby grant Pure Fishing a perpetual, royalty-free, world-wide, irrevocable, nonexclusive license to use, reproduce, modify, adapt, publish, translate, create derivative works from, redistribute, and display such content and communications in any form for the purposes of providing the Services and any purpose tangentially related to the Services. No compensation will be paid to you with respect to Pure Fishing ‘s or its sublicensees’ use of your communications. By providing or submitting content, you represent and warrant that you own or otherwise control all of the rights to your submitted content and communications as described in this section including, without limitation, all the rights necessary for you to submit the content and communications and grant the license above.

Use of Personal Data

You may find information of Pure Fishing’s collection and use of your Personal Information in the "Privacy Policy".

Interactive Areas and Code of Acceptable Conduct

Pure Fishing does not ordinarily filter, censor, edit or regulate information and content provided by third parties on this website, including any such information provided in interactive areas, and we neither endorse nor are responsible for (and under no circumstances shall be liable for) the contents, accuracy or reliability of such information and content. Pure Fishing reserves the right to remove any user submissions or postings on the website in its sole discretion.

When participating in interactive portions of this website, you represent that you have proper right and authorization to use any information or content you upload or post.

When using the website, you agree to abide by the following code of acceptable conduct:

  1. You will not upload or otherwise provide infringing, defamatory, obscene, pornographic, threatening, abusive, false, misleading, or fraudulent statements, illegal or otherwise improper content.
  2. You will not use or submit any offensive content including, but not limited to, obscene language, obscene references, obscene images, threatening or harassing messages, discriminatory actions, messages, or images, and defamatory statements.
  3. You will not use the website to further any illegal purpose or to violate the rights of any party.
  4. You will not engage in activity that compromises the Site. Such activity may include, but is not limited to hacking, IP attacks, worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail bombing or crashing, or introducing malware.
  5. You will not engage in any activity designed to impede the use of the Site by other users, including overloading and flooding.
  6. You will not frame or deep link into the Site.
  7. You will not access the Site by means of automated process, spiders, bots or similar device.
  8. You will not upload or otherwise provide content with a commercial purpose or attempt to solicit funds or advertise goods and services.

Pure Fishing will assist law enforcement officials investigating illegal activity or violations of these Terms of Use.

Federal and State Laws

The Site is operated from the United States. When using the website, on the website, or when using any content provided by Pure Fishing, you must obey all applicable U.S.-based federal, state and local laws.

Products, Services and Software

Downloading software from this website does not give you title to such software, including any files, data and images incorporated in or associated with the software. Your use of any such software shall be only in accordance with the license agreement that is included with the software or presented upon download of such software. Software available on this website is copyrighted by Pure Fishing or its owner. Software may not be copied, redistributed or placed on any server for further distribution. You may not sell, modify, decompile, disassemble, or otherwise reverse engineer the software.

A description or reference to a product, service or publication on this website (including any description or reference via hyperlink) does not imply endorsement by Pure Fishing of that product, service or publication. Products and software offered through this website shall be warranted, if at all, through the written license or warranty provided in connection with such product or software.

Purchasing Products

We currently offer our products on the Site and through selected retailers. The Site does not allow for online sales to RESIDENTS OF THE EUROPEAN ECONOMIC AREA.

If you choose to purchase products through the Site, our standard terms and conditions of sale, product warranty, and return policies apply. Such terms are available at: Warranty Returns. If you have an issue with any products purchased through the website or any of the U.S.-based retailers, please contact our Consumer Service team using one of the contact methods provided here and we will handle issues on a case-by-case basis.

We use a third-party payment processor to process online orders. Your use of the third-party payment processor, Shopify, is governed by such processor’s terms and privacy policy, the privacy terms are available here.

Pricing

All prices on this website are listed in U.S. Dollars. Where products are offered for sale, prices do not include shipping or handling, which shall be charged on all orders as applicable and will be indicated at the time of your order. Sales tax is estimated at the time the product is purchased.

In the event a product is listed at an incorrect price due to typographical or other error in pricing, we have the right to refuse or cancel any orders placed for the products listed at the incorrect price whether or not the order has been confirmed or accepted and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we will issue a credit to your credit card account in the amount of the incorrect price.

No Representations or Warranties

The pages on this website may contain technical inaccuracies, outdated information and typographical errors. To the extent permitted by applicable law, THIS WEBSITE IS PROVIDED "AS IS." PURE FISHING DOES NOT MAKE ANY WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR MERCHANTABILITY, NOR DOES IT IN ANY WAY GUARANTEE THE QUALITY, DATA CONTENT, ARTISTIC WORTH, OR LEGALITY OF INFORMATION, CONTENT, GOODS OR SERVICES THAT ARE TRANSFERRED, RECEIVED, PURCHASED, OR OTHERWISE MADE AVAILABLE OR OBTAINED BY WAY OF THIS WEBSITE. WE DO NOT WARRANT THAT THIS WEBSITE WILL BE ERROR-FREE OR THAT DEFECTS WILL BE CORRECTED. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

TO THE EXTENT ALLOWED BY APPLICABLE LAW Pure Fishing makes no representations or warranties that this website is free of defects, viruses or other harmful components. TO THE EXTENT ALLOWED BY APPLICABLE LAW, We shall not be responsible for any damages or loss that may result from the hacking or infiltration of this website or Pure Fishing's computer systems. YOU HAVE THE SOLE RESPONSIBILITY FOR ADEQUATE PROTECTION AND BACKUP OF DATA AND/OR EQUIPMENT USED IN CONNECTION WITH THIS WEBSITE AND YOU AGREE TO HOLD PURE FISHING HARMLESS FROM, AND YOU COVENANT NOT TO SUE US FOR, ANY CLAIMS BASED ON USE OF THIS WEBSITE, INCLUDING CLAIMS FOR LOST DATA, WORK DELAYS OR LOST PROFITS RESULTING FROM USE OF MATERIALS OR CONTENT FROM THIS WEBSITE.

Limitations of Liability

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL PURE FISHING BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS THAT RESULT FROM THE DISTRIBUTION OR USE OF, OR THE INABILITY TO USE, THE CONTENT OR MATERIALS ON THIS WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN NO EVENT SHALL PURE FISHING'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO PURE FISHING IN THE TWELVE MONTHS PRIOR TO THE DATE OF THE INCIDENT UPON WHICH SUCH LIABILITY IS ASSERTED.

Indemnification

You agree to indemnify, defend and hold harmless Pure Fishing and its affiliates, employees, agents, representatives and third-party service providers, for any and all claims, demands, actions, liability, fines, penalties and expenses that may arise from any of your acts through the use of the website. Such acts may include but are not limited to providing content to or communicating with Pure Fishing or its affiliates, unauthorized use of material obtained through the website, engaging in a prohibited activity, or any other action that breaches these Terms of Use.

Website Availability

PURE FISHING cannot guarantee the WEBSite will be available 100% of the time Because public networks, such as the internet, occasionally experience disruptions. Although pURE fISHING strives to provide the most reliable webSite reasonably possible, interruptions and delays in accessing the WEBSite are unavoidable and pURE fISHING disclaims any liability for damages resulting from such problems.

By providing THE SERVICES on the WEBSite, pURE fISHING does not in any way promise that the SERVICEs will remain available to you. pURE fISHING is entitled to terminate all or part of any of the WEBSite at any time, in its sole discretion without notice to you.

Choice of Law

Pure Fishing controls and manages this website from its facilities in the State of Georgia in the United States of America. Unless otherwise stated, materials and content on this website are presented solely for promoting products and services in the United States of America. Information published on this website may contain references to products, programs and services that are not announced or available in your country or region. We make no representation that such information, products, programs or services referenced on this website are legal, available or appropriate in your country or region. To the extent permitted by applicable law, these Terms of Use shall be governed by and construed in accordance with the laws of the State of South Carolina and the United States of America, without giving effect to any principles of conflicts of law.

Jurisdiction

To the extent permitted by applicable law, and subject to the arbitration provision below, you and Pure Fishing irrevocably consent to the exclusive jurisdiction of the courts located in South Carolina in connection with any action arising out of or related to these Terms of Use or their subject matter. To the extent permitted by applicable law, you and Pure Fishing waive any objection based on lack of personal jurisdiction, place of residence, improper venue or forum non convenient in any such action.

Copyright Complaints

Pure Fishing respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Pure Fishing’s copyright agent with the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
  • Description of the copyrighted work that you claim has been infringed;
  • The location on the Site of the material that you claim is infringing;
  • Your address, telephone number and e-mail address;
  • A statement that your claim of infringement is based on a good faith belief; and
  • A statement made under penalty of perjury that the information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Pure Fishing’s agent for notice of claims of copyright infringement on the Site can be reached at [email protected]

Disputes

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE DISPUTES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. If any dispute or claim relating in any way to these to the Terms of Use, this website, or any products or services sold or distributed by or through this website cannot be resolved between the parties, we agree that any claim or dispute will be exclusively resolved by binding arbitration, rather than in court. Arbitration is a private process where disputing parties agree that one or several individuals make a decision about the dispute after receiving evidence and hearing arguments. The Federal Arbitration Act and federal arbitration law apply to the Terms of Use. We each agree that any dispute resolution proceedings will be conducted only on an individual basis and not in a class, consolidated or representative action. If for any reason a claim proceeds in court rather than in arbitration, we each waive any right to a jury trial. We also both agree to the following exception to this arbitration provision and that either party may bring suit in court to enjoin infringement or other misuse of intellectual property rights.

Trademarks and Copyrights

Nothing on this website shall be construed as conferring any license under any intellectual property right, including any right in the nature of trademark or copyright, of Pure Fishing or any third party, whether by estoppel, implication, or otherwise. All trademarks and trade names are the property of their respective owners.

Except as otherwise noted, Pure Fishing is the owner of all trademarks and service marks on this website, whether registered or not. All registered trademarks are registered in the United States of America (or other applicable jurisdictions).

Severability

If any term or provision in these Terms of Use is found to be void, against public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be so modified, then the same shall be deemed stricken from these Terms of Use in its entirety and the remainder of these Terms of Use shall survive with the said offending provision eliminated.

General

These Terms of Use represent the entire understanding relating to the use of this website and prevail over any prior or contemporaneous, conflicting or additional communications.

Specific areas or pages of this website may include additional or different terms relating to the use of this website. In the event of a conflict between such terms and these Terms of Use such specific terms shall control.

Pure Fishing may freely assign its obligations and rights under these Terms of Use, including all Personal Information in its possession which it has collected during your use of the Sites.

Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms of Use.

Unless otherwise indicated, all material on this site © 2020 Pure Fishing, Inc. All rights reserved.

Contact Information:

Questions about these terms and conditions may be directed to:

Pure Fishing Digital Team
Pure Fishing, Inc.
7 Science Court
Columbia, SC 29203
[email protected]

Questions about our products should not be directed to this address and will not be replied to.

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