Effective as of April 1, 2023
Agreement between User and FISHING LIBRARY
Welcome to the FISHING LIBRARY. Please carefully review these Terms and Conditions (“Terms”) and keep a copy for your reference.
These Terms are between you (“you” or “your”) and the FISHING LIBRARY, LLC (“we,” “our,” “us,” or “FISHING LIBRARY”). These Terms govern your access to, and use of our website located at www.fishinglibrary.com (“the Site”) and any successor site thereto. These terms also govern your access to, including but not limited to, creating an Account (herein “Account,” as defined below). These Terms also govern your access to and use of your FISHING LIBRARY Membership (herein “Membership,” defined below), product rentals made through FISHING LIBRARY (herein “Rentals,” defined below), sale of third-party products made through FISHING LIBRARY (herein “Services,” defined below), purchasing FISHING LIBRARY merchandise (“FL Merchandise”), the Content, as defined below (“Content”), and private fishing lessons with FISHING LIBRARY (herein “Lessons,” defined below).
As stated above, PLEASE READ THEese TERMS CAREFULLY and keep a copy for your reference. We reserve the right to modify these Terms at any time without the consent of any other parties. It is your responsibility to check the Terms each time you use our Site, USE your membership, PURCHASE FISHING LIBRARY MERCHANDISE, OR USE our Rentals, services, or Lessons, since THE TERMS MAY HAVE CHANGED. By accessing the FISHING LIBRARY’s Site (including creating an Account and/or Membership), using/accessing any of the Rentals, using/accessing any part of the Services, or using/accessing any of the Lessons, you acknowledge that you have read, understood, and agreed to be bound by these Terms AND ARE BECOMING A PARTY TO THIS AGREEMENT AND THE PRIVACY POLICY AVAILABLE AT Privacy Policy. IF YOU DO NOT AGREE TO ALL OF THE TERMS OF THIS AGREEMENT THEN DO NO ACCESS THE sITE OR PURCHASE ANY FISHING LIBRARY PRODUCTS.
JURISDICTION
The FISHING LIBRARY (including but not limited to its Rentals, Services, and Lessons), is controlled and/or operated from the United States and is not intended to subject the FISHING LIBRARY to any non-U.S. jurisdiction or law. You may not use the Services to rent or purchase Products outside of the United States. Any use of the Site (including creating an account or membership), using/accessing any of the rentals, using/accessing any part of the services, or using/accessing any of the lessons. is at your own risk, and you must comply with all applicable laws, rules, and regulations in doing so. We may limit the Memberships, Rentals, Services, Lessons, and/or FISHING LIBRARY products’ availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
These Terms are a legally binding contract between you and FISHING LIBRARY. By accepting these Terms, you represent that you are an individual of legal age to form a binding contract. If you are under sixteen (16) to eighteen (18) years old and are still considered a minor, you may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms and Conditions of Use on their behalf. If you are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including our Privacy Policy) for the benefit of a child from the ages of 16 up to an 18 year old who is still considered a minor, you are fully responsible for his or her use of the Site and the Services, and the rental of any Products, including all legal liability he or she may incur.
EXCEPT FOR LIMITED CIRCUMSTANCES DESCRIBED IN LEGAL/ARBITRATION
SECTION OF THE ARBITRATION AGREEMENT BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION, OR TO A TRIAL BY JURY.
FISHING LIBRARY ACCOUNT
There is no cost to create an Account with the FISHING LIBRARY. However, an Account with the FISHING LIBRARY is required for Membership, Rentals, discounted Services, and/or discounted Lessons with/from the FISHING LIBRARY.
You can only sign up to have an Account with the FISHING LIBRARY if you are at least 16 years of age. Children under 18 years of age but at least 16 years of age may use the Site under the supervision of parents or legal guardians who agree to be bound by these Terms and Conditions of Use on their behalf. If you are a parent or legal guardian agreeing to the terms and conditions of this Agreement (including our Privacy Policy) for the benefit of a child from the ages of 16 up to 18, you are fully responsible (including all legal liability s/he may incur) for his or her use of the Site, any purchases s/he make through the Site, and the rental of any Products.
Children under the age of sixteen (16) may not use the Site and parents or legal guardians may not agree to the Website/App Terms and Conditions on their behalf. FISHING LIBRARY does not knowingly collect, either online or offline, personal information from persons under the age of sixteen (16).
Signing up for an Account will occur electronically on our Site. To sign up for an Account, you will provide us with your name, address, contact number, and any other identification details we require. In providing these details, you confirm that the information you submit is yours, accurate, complete, and up to date. You are solely responsible for maintaining the accuracy of your account information on our Site.
You are responsible for maintaining the confidentiality of your Account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your Account or password, including purchases made under your Account, whether or not you authorized them. FISHING LIBRARY is not responsible nor accepts liability for any loss or damage from unauthorized access or use of your Account/password. You may not assign or otherwise transfer your Account to any other person or entity. FISHING LIBRARY and its associates reserve the right to refuse or cancel service, terminate Accounts, or remove or edit content at our sole discretion. You acknowledge that FISHING LIBRARY is not responsible for third-party access to your account that results from theft or misappropriation of your account. It is your responsibility to notify us of any unauthorized use or access of your account that is known or suspected by you.
MEMBERSHIP
A Membership is required if you want a Rental of fishing rods/reels, obtain discounted Services, and/or obtain discounted Lessons. A Membership is not necessary to obtain non-discounted Services or non-discounted Lessons from FISHING LIBRARY. A Membership may be purchased on the Site after having created an Account with FISHING LIBRARY.
We offer three types of Membership, which are stated on the Site. The costs and benefits of each Membership type are outlined on the Site.
A FISHING LIBRARY Membership is a subscription-based service. By signing up for a Membership you authorize us to continue your Membership automatically (charged yearly to the payment method provided) until you cancel (as detailed below in How Recurring Billing and Auto-renewal Work). The Membership start date begins when you sign up and pay for membership. The Membership start date is also your renewal date (“Renewal Date”). We will charge your payment card the amount of the applicable Membership Subscription Fee (“Membership Subscription Fee”), as listed on our Site, immediately upon registration for Membership. The Membership Subscription Fee is non-refundable. Taxes may apply on FISHING LIBRARY’s Membership Subscription Fee. We reserve the right to pursue any amounts you fail to pay in accordance with this Agreement.
If your Membership is based on a promotional rate, you will be charged a fee equal to the promotional rate and after the expiration of the applicable promotion, and on your Renewal Date you will be charged the then applicable subscription rate on a recurring yearly basis. By purchasing a Membership, you authorize us (or our third-party payment processor) to charge your payment card or other payment instrument (“Payment Method”) the yearly Membership Subscription Fee on a recurring yearly basis. FISHING LIBRARY reserves the right to alter the Membership Subscription Fee, or availability of any Rental item, availability/fees/discounts of Membership Services, or availability/fees/discounts of any Lessons at its discretion and without notice.
We reserve the right to decline any Membership application at our discretion, without disclosing a reason.
We will confirm the status of a Membership application and verification of Membership status via email.
Applicants accepted to use and pay for the Membership will be deemed as active members and will have an active Membership unless terminated per these terms. If you cancel your payment method or remove your payment method used to pay for your Membership at the time of renewal then your Membership will automatically expire. If your Membership expires, you will still be responsible for any applicable outstanding fees on you may have incurred.
We have the right to suspend, terminate, or remove your Active Membership at any time at our own discretion due to any of the reasons that are or are not defined in these terms. If we do so, we may give you a prorated refund based on the number of full days or months, if any, remaining in your current FISHING LIBRARY Membership. However, we will not give any refund for termination related to conduct that, in our discretion, violates any terms set out in this Agreement or any applicable law.
If an account is suspended/under investigation for loss/damage of a rental product, the member is liable to pay full membership fees until the account is reinstated.
You can Cancel Your Membership (as defined below) at any time. IF YOU WISH TO NOT BE CHARGED THE RENEWAL MEMBERSHIP SUBSCRIPTION FEE, YOU MUST CANCEL BEFORE THE RENEWAL DATE. Your cancellation will be effective at the end of the current subscription period. This means Your FISHING LIBRARY subscription will continue until the end of your renewal date. You may cancel your FISHING LIBRARY membership or find more information about your subscription, including your Renewal Date, on your Account page online. We have a strict no refund policy for memberships and item purchases (see Services section, listed below). Membership payments are non-refundable and there are no refunds or credits for partially used periods.
PRODUCT AND SERVICE DESCRIPTIONS
No Warranty or Endorsement: We may, in our sole discretion, reference, provide links, listings, descriptions, and/or images of products (“Products”) as a part of our Rental or Services or Lessons or FISHING LIBRARY merchandise (“FL Merchandise”), but we do not warrant that the reference, links, listings, descriptions, and/or images are accurate, complete, reliable, current, or error-free, or will be available, even if noted as so on our Site. Such information and the availability of any Products as a part of our Rental or Services or Lessons or FL Merchandise is subject to change at any time without notice. Certain weights, measures, and similar descriptions are approximate and are for convenience only. We make reasonable efforts to accurately display the attributes of Products, including the applicable colors, however the actual colors you see will depend on your computer system, and we cannot guarantee that your computer (including but not limited to a smart phone or similar device) will accurately display such colors. The availability of any listing, description, or image of a Product does not imply our endorsement of such Product or affiliation with the provider of such Product.
RENTALS
One Membership allows a Member to rent/borrow one fishing rod or one reel at a given time.
All rods and reels on our Site are in new or pre-owned condition. The rods and reels are as described in the Site’s listings, however, the photographs are not contractually binding. The actual rods and reels may differ slightly from these photographs. By using our services you agree that these photographs are only indicative of the exact quality of the rods or reels.
All of our rods and reels will be cleaned, examined, and checked if they are in working order after each time they have been used by FISHING LIBRARY members. The yearly Membership Subscription Fee includes cleaning in connection with your rental of the Products. Delivery charges, if applicable, are separate.
Use of the Rented Products: You agree to treat the rented products (“Rental Products”) with great care. Your Membership covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Rental Product for any reason, including but not limited to due to theft, loss, mysterious disappearance, fire, major stains, accidental mislabeling of the return address, or any other cause. “Normal wear and tear” mean minor scratches or stains or minor dents that does not affect the usability of the product. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your Payment Method and/or send a billing to you for the price for repairing or replacing the Rental Product, as determined in our discretion, up to the Original Retail or Comparable Value price for the Rental Product.
Pick up/Receiving Rental Products:
You can opt to physically pick up your Rental Product at our physical location: 2900 Rice Street, Ste. 440, Little Canada, MN 55113. When you pick up your Rental Product, we will ask for photo identification to verify your identity to your Membership.
If you choose to not physically pick up your Rental Product, you can opt to have FISHING LIBRARY mail you your Rental Product. You agree that you will provide us with accurate shipping information so that we can timely deliver Rental Products to you. You are responsible for providing us with accurate shipping information for deliveries and for keeping the shipping information for your Account up-to-date. If you provide us with a shipping address that is invalid or where you cannot securely accept Products upon delivery, or if you do not keep your shipping information up-to-date, you are solely responsible for any resulting loss, theft, or damage to the Rental Product. FISHING LIBRARY does not ship to an address with a P.O. Box.
Returning Rented Products: You agree to return each Rental Product to FISHING LIBRARY by the return date stated for such Rental Product as identified in your online Account. FISHING LIBRARY will “mark” an item as “returned,” upon receipt of such Rental Product. We may, but are not required to, permit you to extend your rental period for a Rental Product (including by contacting us). Extension of a product may incur additional fees applicable to that Product for the period of time of the extension due to the product’s demand. Failure to timely return a Product is a violation of our Terms, and we may terminate your Account, charge your Payment Method for replacing the retail cost of the Rental Product(s) at its retail price, send you a billing for the cost of the Rental Product (s) at its retail price, and/or take other legal action.
Drop-Off Locations: You may also return a Rental Product at our physical location. If you are returning a Rental Product at our physical location (2900 Rice Street, Ste. 440, Little Canada, MN 55113), you shall hand the Rental to a FISHING LIBRARY employee. The FISHING LIBRARY employee will mark the Rental as “returned.”
Returning by Mail: A Rental Product shall be returned in the same packaging that was originally used to ship the Rental Product to you. A pre-paid shipping label (“Return Label”) will also be included in the original shipping for you to return the Rental Product to FISHING LIBRARY. You shall use the shipping carrier specified on the Return Label. FISHING LIBRARY will not be responsible for loss, theft, or damage to Rental Products that are shipped back to us using any carrier other than the carrier that is specified on our Return Label and/or for any fees or expenses that you incur due to delays in FISHING LIBRARY receiving the Product. FISHING LIBRARY does not ship Rentals outside of the United States.
In the event that you lose or damage the Return Packaging and/or Return Label that we provide, you will be responsible for returning the Rental to us in your own packaging and/or shipping label, at your own expense. Furthermore, you acknowledge that using any packaging or shipping carriers other than our Return Packaging and the carrier specified thereon may result in delivery delays and additional delivery fees for which FISHING LIBRARY will not be liable. You will be solely liable for all such delays, additional delivery fees, any damage to the Rental Product (s), and/or replacing the cost of the Rental Product (s).
If at any point in which the Membership is canceled (at the end of your active Membership), and you have a Rental in your possession, you shall have ten (10) days from the last day of your Membership to return a Rental to us. Failure to return a rental after those 10 days will result in FISHING LIBRARY charging you in full for the Rental at its retail value, as well as any other unpaid charges and/or fees.
SERVICES
FISHING LIBRARY may facilitate the sale of a product between you and a third party, specifically but not limited to a third-party manufacturer and/or third-party seller of products (“Services”). If you participate in such Services, the purchase price for such product (“Purchase Price”) will be equal to the purchase fee, applicable taxes, and shipping and delivery charges listed for the applicable product at the time of purchase. FISHING LIBRARY, at its discretion and without notice, reserves the right to alter the price of a product, the amount or availability of any discount, or the availability of any particular item.
Through a Membership, you may receive discounts on third party products if said products are purchased through FISHING LIBRARY. Discounts are subject to change and may vary depending on, including but not limited to the manufacturer’s pricing, availability of products, shipping, taxes, fees, etc. FISHING LIBRARY reserves the right to change the discount amount.
By using our Services, you authorize us (or our third-party payment processor) to charge your Payment Method (as defined below) for the Purchase Price when you purchase products through our Services and we will charge your Payment Method the amount of the Purchase Price. We do not make, and expressly disclaim, any warranties of any kind with respect to any product that you purchase through our Services, and such products purchased through our Services are provided/sold on an “AS IS” basis.
We have a strict no refund policy on products that you have purchased through our Services. Should there be any issues, including but not limited to defects, servicing needs, etc., with your purchased product, you will contact the requisite third party and/or manufacturer of the product you purchased.
LESSONS
You may purchase lessons from the FISHING LIBRARY that may offer coaching, training, and teaching (Lessons) about fishing.
FISHING LIBRARY offers three different types of Coaching—in store, on land, and on water. Prices for each Coaching is stated on the Site. Coaching can be customized to tailor to your needs and/or learning. For all Coaching sessions, FISHING LIBRARY will provide a rod(s), reel(s), lure(s), and/or casting plug(s).
In Store Coaching occurs at the FISHING LIBRARY location of 2900 Rice Street, Ste. 440, Little Canada, MN 55113. FISHING LIBRARY will only work one-on-one during these lessons.
On Land Coaching will occur at an agreed upon lakeshore and/or place (e.g. community center). FISHING LIBRARY will work with five (5) persons during these Lessons.
On Water Coaching will occur at an agreed upon lake. FISHING LIBRARY will provide the watercraft for the Coaching Lessons. FISHING LIBRARY will only take out two (2) persons per lessons. FISHING LIBRARY will provide life jackets, bottled water, and protective eyewear. All persons partaking in On Water Lessons will need a fishing license. FISHING LIBRARY will not take out persons under 16 years of age, unless a guardian/adult responsible for child is the other person partaking in the Lessons.
Cancellation/Refund Policy
All Lessons purchased at FISHING LIBRARY are non-refundable. If you must cancel a Lesson, you must contact FISHING LIBRARY as early as possible to cancel. You may reschedule the services for another date and time.
FISHING LIBRARY may cancel any Lessons (including but not limited to the Store, Land, or Water) due to severe weather conditions. FISHING LIBRARY will contact you to reschedule for another day and time.
FISHING LIBRARY MERCHANDISE
From time to time, FISHING LIBRARY may sell items it will no longer rent out (e.g. older rods, reels) or its own products (e.g. new hats, new shirts) (“FL Merchandise”). We do not make, and expressly disclaim, any warranties of any kind with respect to any FL Merchandise that you purchase and is provided/sold on an “AS IS” basis. There are no refunds of FL Merchandise.
FEES, PAYMENTS, AND CHARGES
All payments on our Site are in US dollars. FISHING LIBRARY does not store financial information. All data, except for financial details, you give us are stored securely, encrypted, and kept private as per our Privacy Policy.
How Payments Work
By making a payment to FISHING LIBRARY, including but not limited fees and autorenewal of a Membership, you hereby authorize FISHING LIBRARY (or our third-party payment processor) to charge your payment card or other payment instrument (“Payment Method”). You must ensure that at all times your Payment Method is valid and up-to-date. You are responsible for providing complete and accurate billing and contact information to FISHING LIBRARY and notifying FISHING LIBRARY of any changes to such information. FISHING LIBRARY will charge your Payment Method of the requisite amount(s) along with any applicable taxes and shipping and delivery charges immediately.
Third-Party Payment Processor
We use a third-party payment processor (the “Payment Processor”) to bill you for any fees/purchases from the FISHING LIBRARY, including but not limited to Membership, Rentals, Services, FL Merchandise, and/or Lessons, through a payment account linked to your Account (your “Billing Account”). You agree to pay us, through the Payment Processor, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on your record for billing. We reserve the right to suspend, cancel, or terminate a Membership, any applicable Rental, Services and/or Lessons in the event that we are unable to successfully charge the provided Payment Method. We are not responsible for errors by the Payment Processor, and we reserve the right to correct any errors or mistakes that we or the Payment Processor make(s) even if our Payment Processor has already requested or received payment.
Should there be a requirement of a refund due to you, it shall be refunded to the original Payment Method.
How Recurring Billing and Auto-renewal Work
The Membership is offered as a subscription that may consist of an initial period, for which there will be an initial charge, followed by recurring annual charges until you cancel the Membership Subscription Fee. If you choose a Membership Subscription Fee, your Payment Method will be charged the then-current applicable rate (including all applicable taxes and fees) on the date that you sign up for such Membership Service. This date, also know as your Renewal Date, is also your “Billing Date.” The Membership Subscription Fee will automatically renew, meaning your Payment Method will be automatically charged the current applicable rate for the Membership during each subsequent year until you Cancel (as defined below) the Membership. The period between your Billing Dates is referred to as a “Billing Period.” As of your first Billing Date, the Membership is available to you, subject to these Terms. While your Membership remains active and you will remain eligible to participate in the benefits that comes with an active Membership.
How to Cancel your Membership
You may terminate your Membership Service (“Cancel”) at any time. You may cancel your Membership by letting the Payment Method on your Billing Account lapse and/or contacting us and letting us know that you intend to cancel your Membership Service. If you Cancel your Membership Service before the end of the Renewal Date/Billing Date, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. At the end of your then-current Billing Period and you have cancelled your Membership, you must return all Rentals within ten (10) days from the date of your former Renewal Date/Billing Dateto avoid incurring additional charges, including late fees.
Please note that you will not receive any refunds for amounts already paid for the Membership Subscription Fee, and you will still be responsible for payment of any fees, costs, or charges incurred by you prior to your Cancellation of your Membership
How to Cancel your Membership
You may terminate your Membership Service (“Cancel”) at any time. If you Cancel your Membership Service, you may use the Membership Service until the end of your then-current Billing Period and your membership will not be renewed after the expiration of your then-current Billing Period. You must return all Products in your possession in accordance with these Terms no later than the expiration of your then-current Billing Period or the return date in the applicable online invoice (whichever is earlier) to avoid incurring additional charges, including late fees.
COURIERS
FISHING LIBRARY may from time to time engage third-party couriers (“Couriers”) to facilitate delivery of products from Rentals/Services and/or FL Merchandise. Couriers are independent contractors and not employees, partners, agents, joint ventures, or franchisees of FISHING LIBRARY. FISHING LIBRARY shall not be liable or responsible for any delivery services provided by Couriers, or any errors or misrepresentations made by any of them. FISHING LIBRARY highly recommends that you provide a secure location where you can physically receive shipment (including from a Courier), and FISHING LIBRARY does not bear liability for products from Rentals/Services and/or FL Merchandise left unattended, by you, a Courier, or otherwise. You hereby acknowledge that FISHING LIBRARY does not supervise, direct, control, or monitor a Courier’s provision of services. Any interactions or disputes between you and a courier are solely between you and that courier. FISHING LIBRARY and its licensors shall have no liability, obligation or responsibility for any interaction between you and any courier.
ONE TIME PAYMENTS
Payment for Services, FL Merchandise, and/or Lessons shall be made at the time of purchase. All purchases are final. If your Payment Method requires a Third Party Processor, you agree to pay us, through the Payment Processor, and you authorize us, through the Payment Processor, to charge your chosen Payment Method. You agree to make payment using that selected Payment Method, but if the Payment Processor is not able to charge your preferred Payment Method, you authorize us to use any Payment Method stored on your record for billing.
FISHING LIBRARY WEBSITE
The FISHING LIBRARY Site is an E-Commerce Site. Our website is located at www.fishinglibrary.com (“the Site”).
Visiting the Site or sending emails to FISHING LIBRARY constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically (via email and/or on the Site) satisfy any legal requirement that such communications be in writing.
Links to Third Party Sites/Third Party Services
FISHING LIBRARY may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of FISHING LIBRARY and FISHING LIBRARY is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. FISHING LIBRARY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by FISHING LIBRARY of the site or any association with its operators.
Certain Services made available via FISHING LIBRARY are delivered by third party sites and organizations. By using any product, service or functionality originating from the FISHING LIBRARY domain, you hereby acknowledge and consent that FISHING LIBRARY may share such information and data with any third party with whom FISHING LIBRARY has a contractual relationship to provide the requested product, service, or functionality on behalf of FISHING LIBRARY users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use FISHING LIBRARY strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to FISHING LIBRARY that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.
All content included as part of the Site, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of FISHING LIBRARY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. FISHING LIBRARY’s content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of FISHING LIBRARY and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of FISHING LIBRARY or our licensors except as expressly authorized by these Terms.
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
FISHING LIBRARY has no obligation to monitor the Communication Services. However, FISHING LIBRARY reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. FISHING LIBRARY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
FISHING LIBRARY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in FISHING LIBRARY's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. FISHING LIBRARY does not control or endorse the content, messages or information found in any Communication Service and, therefore, FISHING LIBRARY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized FISHING LIBRARY spokespersons, and their views do not necessarily reflect those of FISHING LIBRARY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to FISHING LIBRARY or Posted on Any FISHING LIBRARY Web Page
FISHING LIBRARY does not claim ownership of the materials you provide to FISHING LIBRARY (including feedback and suggestions) or post, upload, input or submit to any FISHING LIBRARY Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting FISHING LIBRARY, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. FISHING LIBRARY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in FISHING LIBRARY's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
International Users
The Service is controlled, operated and administered by FISHING LIBRARY from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the FISHING LIBRARY Content accessed through FISHING LIBRARY in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
LEGAL/ARBITRATION
Choice of Law and Venue
These Terms are governed by and will be construed under the laws of the United States (including federal arbitration law) and the laws of the State of Minnesota, without regard to the conflicts of law provisions thereof.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, each party shall be responsible for their own costs and attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and FISHING LIBRARY agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
In any circumstances where the foregoing Arbitration Agreement permits either you or FISHING LIBRARY to litigate any dispute arising out of or relating to the subject matter of these Terms in court, then the foregoing Arbitration Agreement will not apply to either party, and both you and FISHING LIBRARY agree that any judicial proceeding (other than small claims actions) will be brought in the state or federal courts located in Ramsey County, Minnesota.
Severability. If the prohibition against class actions and other claims brought on behalf of third parties contained above is found to be unenforceable, then all of the preceding language in this Arbitration Agreement section will be null and void. This Arbitration Agreement will survive the termination of your relationship with FISHING LIBRARY.
Indemnification
You agree to indemnify, defend and hold harmless FISHING LIBRARY, its officers, directors, employees, agents, and/or third parties, for any losses, costs, liabilities, and/or expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site, your Account, Membership, Rentals, Services, FL Merchandise, Lessons, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. FISHING LIBRARY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with FISHING LIBRARY in asserting any available defenses.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FISHING LIBRARY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
FISHING LIBRARY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. FISHING LIBRARY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FISHING LIBRARY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FISHING LIBRARY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
FISHING LIBRARY reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Minnesota and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and FISHING LIBRARY as a result of this agreement or use of the Site. FISHING LIBRARY's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of FISHING LIBRARY's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by FISHING LIBRARY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and FISHING LIBRARY with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and FISHING LIBRARY with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
FISHING LIBRARY reserves the right, in its sole discretion, to change the Terms under which FISHING LIBRARY is offered. The most current version of the Terms will supersede all previous versions. FISHING LIBRARY encourages you to periodically review the Terms to stay informed of our updates.
Taxes
You will be responsible for paying, withholding, filing, and reporting all federal, state, and local goods and services taxes, duties, customs, duties, levies, and other governmental assessments associated with your activity in connection with FISHING LIBRARY, including but not limited to, Membership, Services, Lessons, FL Merchandise. FISHING LIBRARY, may, in its sole discretion, do any of the foregoing on your behalf or for itself as it sees fit.
Waiver; Severability
The failure of either you or us to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that these Terms shall otherwise remain in full force and effect and enforceable.
Delays
There may be delays, omissions, or inaccuracies in the Services, including the Content. The Services may become unavailable due to maintenance or malfunction of computer equipment or other reasons. You agree that FISHING LIBRARY is not, and will not be, liable for any such delays, omissions, inaccuracies, or unavailability.
Entire Agreement
You and FISHING LIBRARY agree that these Terms are the complete and exclusive statement of the mutual understanding between you and FISHING LIBRARY, and that these Terms supersede and cancel all previous written and oral agreements, communications, and other understandings relating to the subject matter of these Terms. You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venture of FISHING LIBRARY, and you do not have any authority of any kind to bind FISHING LIBRARY in any respect whatsoever.
The following provisions survive expiration or termination of these Terms (or your Account): “Jurisdiction,” “Returning Rented Products,” “No Unlawful or Prohibited Use/Intellectual Property,” “Use of Communication Services,” “Liability Disclaimer,” “Disclaimer of Warranties,” “Indemnification,” “Assignment,” “Choice of Law and Venue,” “Class Action Waiver,” “Arbitration,” “Taxes,” “Waiver; Severability,” and “Entire Agreement.”
Contact Us
FISHING LIBRARY welcomes your questions or comments regarding the Terms:
Fishing Library
FISHING LIBRARY
2900 Rice Street Suite 440, Little Canada, MN 55113
Email Address:
Telephone number:
Effective as of April 02, 2023