Tenkara USA Terms and Conditions,
and Privacy Policy
Last updated: March 23rd, 2013
Welcome to TenkaraUSA.com, a website owned by Tenkara LLC, based in Boulder, Colorado. These
terms govern the relationship between Tenkara USA.com, other Tenkara LLC-owned
websites, its trademarks (see “Trademarks” section) and successors (collectively,
“Tenkara USA”, “we”, “us”, “seller”) and you, our customers (collectively,
“you”, “user”, “buyer”).
By using Tenkara USA, you agree
to be legally bound by all the terms and conditions , and Privacy Policyt contained
in this Terms of Use Agreement and Privacy Policy page (“Agreement”). By using
Tenkara USA, you represent that you are at least 18 years old, or you are at
least the minimum legal age to enter into a contract in the jurisdiction in
which you are using Tenkara USA. In addition, when you use any current or
future version of the Tenkara USA, you also will be subject to the terms and
conditions of this Agreement.
We may, from time to time,
modify the terms of this Agreement. When we make changes, we will post those
changes on this page. Your use of the Tenkara USA following any such
modification constitutes your agreement to the terms of the modified Agreement.
If you have any questions or concerns about our terms and conditions or
privacy policy, or to remove your information from our databses, you may
contact us in any of the following ways
1.You may send an email to info@tenkarausa.com
2.You may call the following telephone number: 1-888-483-6527
3.You may send mail to the following postal address:
Tenkara USA
637-B S. Broadway #108, Boulder, CO 80305, United States (*not a retail location)
PRIVACY POLICY
The purpose of this privacy policy is to describe the kinds of
information that we may gather about you; how we may use that information; how
we protect it; when we may disclose it; and the choices you have regarding your
information.
The following
discloses the information gathering and dissemination practices for information
collected by Tenkara USA.
Collection of Personal Information
We may collect and store any identifiable information that you choose to
provide in connection with your use of Tenkara USA. This may include personally
identifiable information (such as your name, shipping address, billing address,
email address, phone number and credit card number) that we need in order to
process your orders, communicate with you, or provide you with services that
you request; and your contact information (like your email address, phone
number and shipping address), for sending you communication updates.
You may contact us
anytime using the methods at the bottom of this page to have your information
removed from our databases.
Sharing
We do not
disclose personal information about you to other companies, persons or
agencies, except for the purposes described below:
Service
Providers: We
employ other companies to perform certain services and functions on our behalf.
Examples include shipping and delivering packages, sending postal mail and
email, providing customer service and processing payments. These companies have
access to personal information needed to perform their services or functions,
but may not use it for other purposes.
As
Legally Required: We
may release personally identifiable information when we believe it is
appropriate to comply with applicable law regulation, legal process, or
governmental request; to enforce or apply our Terms of Use and other
agreements; or to protect the rights, property, or safety of Tenkara USA, our
customers, our employees or others.
Business
Transfer: In case of sale
or transfer of Tenkara USA or parts thereof, customer information may be
transferred to the acquiring entity. In these cases, your information remains
subject to the promises made in any pre-existing privacy policy entered with us.
In
cases where Tenkara USA must share your information, for shipping purposes for
example, Tenkara USA has entered in agreements with the third-party service
provider to protect your information. We will never pass on or sell any
personal information to any third parties for marketing purposes.
Data Security
Your
personal information is held securely and we take significant steps to protect
it from misuse and loss, and from unauthorized access, modification or
disclosure. We only retain information that is necessary and relevant to our
operations. Tenkara
USA will ensure web-pages that need to be protected are protected using
internet protocols available.
Cookies
Cookies
are small text files that are placed on your computer by websites that you
visit. These cookies are used to collect information about how visitors use our
site. The cookies collect information in an anonymous form, including the
number of visitors to the site, where visitors have come to the site from and
the pages they visited. This is done via Google Analytics. The cookies do not
identify individuals nor associate your IP address with any personally
identifiable information.
If
visitors wish to avoid cookies, they can change their browser settings to block
cookies from being downloaded. Information on how to do this is available in
your web browser’s help section. Please note that some websites require cookies
in order to function correctly.
TERMS OF USE
ORDERS
Tenkara
USA reserves the right to refuse service, terminate accounts, remove or edit
content, or cancel orders in its sole discretion, including, without
limitation, if Tenkara USA believes that user violates applicable law or is
harmful to the interests of Tenkara USA or its affiliates and trademarks.
DUTY and TAXES
All import duties, VAT and other taxes will be responsibility of the buyer,
unless otherwise stated or agreed upon. Sales taxes may be charged to customers with a delivery or billing address in states or countries in which we do business.
RISK OF LOSS
All products purchased from the Tenkara USA are transported and delivered to
you by an independent carrier not affiliated with, or controlled by, Tenkara
USA. Title to products purchased from Tenkara USA, as well as the risk of loss
for such products, passes to you when Tenkara USA delivers these items to the
carrier.
Tenkara USA will strive
to correct problems quickly and ensure its customers' satisfaction,
though the risk above should be understood, and delays caused by
shipping carrier are not responsibility of Tenkara USA.
PRODUCT INFORMATION
We make every effort to display and describe as accurately as possible the
products that appear on Tenkara USA and its publications or to clearly state
any discrepancies. However, we do not warrant that product descriptions or
other content on Tenkara USA are accurate, complete, reliable, current, or
error-free. Tenkara USA reserves the right to sell
products with minor discrepancies from images shown.
Unless otherwise stated, the
prices displayed on Tenkara USA are quoted in U.S. Dollars.
Tenkara USA reserves the right
to make substitutions that are deemed by Tenkara USA to be immaterial, such as
substituting fly patterns or fly sizes, in case of inventory shortages.
We will make every attempt to ensure the desired item is shipped.
BACKORDERS
Orders containing backordered
items will be shipped in their entirety when the item becomes available, unless
otherwise agreed to with Tenkara USA. Orders with backordered items in which
customer requests the order be split, may be subject to additional shipping
charges.
We will make strive to ensure backordered items are marked as "backordered", or "out of stock" in the product description.
PRODUCT USE AND FISHING RISKS
When purchasing our products you
agree to use them in the intended manner. Tenkara USA is not responsible
for
injuries caused by the use of our products. Fishing tools, and the sport
of fishing, can present some dangers inherent to such activites, such
as cutting by sharp edges of product, hook punctures, etc. Please do use
careful judgement in using our products and in your pursuit of outdoor
activities.
FISHING REGULATIONS
Please check your local fishing
regulations before going fishing. Different regions will have their own
set of rules as to when they can be fished, what tackle may be used and
other requirements.
RETURNS
Goods purchased directly from Tenkarausa.com may be returned to us within 60-days of purchasing.
TENKARA USA GUARANTEE
Tenkara USA guarantees every product it makes and will try ensuring the
satisfaction of our customers. If you are not satisfied with one of our
products
you may return the product to Tenkara USA for repair, replacement, or
refund in
accordance with Tenkara USA’s guarantee policy. Damage due to wear and
tear, or deemed to be broken due to user error, will be repaired at a
reasonable charge as applicable. Shipping and
Handling Charges may apply. Please visit our guarantee page for updated
procedures and costs of repairs: https://www.tenkarausa.com/guarantee.php
EXTERNAL LINKS
If any part of the Tenkara USA links you to other websites or mobile
applications, those websites and mobile applications do not operate under these
Terms and Conditions or Privacy Policy. We recommend that you examine the
privacy statements and Terms and Conditions posted on those other Web sites and
mobile applications to understand their procedures for collecting, using, and
disclosing personal information.
FORUM USE and USER COMMENTS
Every customer who registers on our
website, or makes a purchase with us will automatically have access to
the forum section of Tenkara USA, blog comments, product reviews and
other such pages. By participating in our online forum (www.tenkarausa.com/forum) and
posting on Tenkara USA you automatically agree to all of the rules
governing use as provided below and rules that are specific to forum
sections.
Tenkara USA reserves the right to remove
for any reason materials, threads, comments, avatars and signatures
used in our forum. Tenkara USA further reserves the right to ban or
deny any user access to the forum, without notice, for any reason, at
its own discretion.
You agree not to submit, upload or post to the forum any content which: libels, defames, invades privacy, or is obscene, profane, pornographic, abusive, or threatening; infringes any intellectual property or other right of any person or entity; falsifies or deletes author attributions, legal notices or other proprietary designations; violates any law; advocates illegal activity; knowingly contains viruses, corrupted files, or other materials that may cause damage to another's computer.
The
information and opinions expressed in materials posted by forum
participants are not necessarily those of Tenkara USA, and we make no
representations or warranties regarding such posted materials.
Participants should be aware that our forum is public and anyone may
access information posted.
COPYRIGHTS – YOUR POSTS
By
posting on our online forum or other portion of Tenkara USA any content
authored or owned by you, you grant to Tenkara USA a royalty-free, irrevocable
and unrestricted worldwide right and license to use and reproduce the posted
content into any form or medium.
Tenkara USA is constantly developing products. By posting
on Tenkara USA you understand the idea, concept or suggestion you post becomes available
to us. By posting such materials on Tenkara USA, you grant Tenkara USA a royalty-free,
irrevocable and unrestricted right to use your suggestion, concept or idea for
developing, manufacturing or improving Tenkara USA’s products.
WE
ASK THAT YOU NOT POST OR SEND US ANY COMMENTS THAT YOU DO NOT WISH TO
ASSIGN TO TENKARA USA, INCLUDING ANY CONFIDENTIAL INFORMATION OR ANY
ORIGINAL CREATIVE MATERIALS SUCH AS STORIES, PRODUCT IDEAS, COMPUTER
CODE OR ORIGINAL ARTWORK.
As
content posted on Tenkara USA becomes part of a community collaboration, the content
you post on Tenkara USA becomes property of Tenkara USA, including but not
limited to its online forum, review pages or blog. Tenkara USA reserves the
right to keep content posted by you, including in the event that Tenkara USA
decides to deactivate your account or ban you from the forum as agreed in Forum
Use section above. You reserve the right to have your name removed from the
website and dissociated from content you posted.
COPYRIGHTS – TENKARA USA
All
copyright rights in the text, images, photographs, graphics, user interface,
and other content provided on Tenkara USA are owned by Tenkara USA or its
third-party licensors to the full extent provided under the United States
Copyright Act and all international copyright laws.
Under
applicable copyright laws, you are prohibited from copying, reproducing,
modifying, distributing, displaying, performing, or transmitting any of the
contents of
Tenkara USA for any purposes. Nothing stated or implied on Tenkara USA or this
agreement confers on you any license or right under any copyright of Tenkara
USA or any third party.
For usage permission, contact us via email: info@tenkarausa.com
TRADEMARKS
The following marks are trademarks or registered trademarks of Daniel W.
Galhardo, d.b.a. Tenkara USA, in the United States and other countries, with
all rights reserved:
Tenkara USA®
テ® (The Japanese katakana character for “te”)
Only rod, line and flyTM ; Streamlined
fly-fishingTM; Tenkara Guide NetworkTM; Tenkara SummitTM;
Tenkara InternationalTM, Tenkara EuropeTM; Tenkara CanadaTM;
Tenkara UKTM; Tenkara ItaliaTM; Tenkara BrasilTM,
Tenkara FranceTM; Tenkara SchoolTM; Tenkara Action IndexTM
AmagoTM; AyuTM; EbisuTM;
ItoTM; IwanaTM; YamameTM; RhodoTM;
Ishigaki KebariTM; Amano KebariTM; Oki KebariTM;
Takayama KebariTM
Other marks may be under the current Trademark domain of
Tenkara USA as noted on TenkaraUSA.com or other materials by Tenkara USA.
Nothing stated or implied on Tenkara USA or this agreement
confers on you any license or right under any trademark of Tenkara USA.
DISCLAIMER OF WARRANTIES AND
LIMITATIONS ON LIABILITY
TENKARAUSA.COM IS PROVIDED BY TENKARAUSA ON AN
“AS IS” AND “AS AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, TENKARA
USA MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS
TO THE OPERATION OF TENKARAUSA.COM OR THE INFORMATION, CONTENT, THIRD-PARTY
CONTENT, MATERIALS, PRODUCTS, SERVICES OR LINKED SERVICES PROVIDED ON OR
THROUGH TENKARAUSA, INCLUDING WITHOUT LIMITATION, THAT THE INFORMATION PROVIDED
THROUGH TENKARA USA WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR
DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS;
THAT TENKARAUSA.COM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT
DEFECTS OR ERRORS IN TENKARAUSA.COM WILL BE CORRECTED; OR THAT THE CONTENT ON
TENKARAUSA.COM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION
ON TENKARAUSA.COM IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL
RESPONSIBILITY FOR THESE CHANGES. YOU EXPRESSLY AGREE THAT YOUR USE OF TENKARAUSA.COM
AND TENKARA USA PRODUCTS IS AT YOUR SOLE RISK.
TO THE MAXIMUM EXTENT PERMITTED
BY LAW, TENKARA USA DISCLAIMS ALL WARRANTIES, EXPRESS OF IMPLIED, INCLUDING,
BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE.
IN NO EVENT WILL TENKARA USA, OR
ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING TENKARAUSA.COM, BE
LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF TENKARA USA,
INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTIAL, EXEMPLARY,
PUNITIVE, SPECIAL AND CONSEQUENTIAL DAMAGES OR ANY DAMAGES OF ANY TYPE OR
NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE TENKARAUSA.COM
OR ANY LINKED SITES OR SERVICES; IN THE EVENT A THIRD PARTY INTERCEPTS OR
DECRYPTS ANY TRANSMISSION OF INFORMATION THAT YOU PROVIDE TO TENKARA USA
THROUGH TENKARAUSA.COM; OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE,
ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE, WHETHER IN AN ACTION UNDER CONTRACT,
NEGLIGENCE, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN
PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. CERTAIN STATES OR
JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION
OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF
THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU
MAY HAVE ADDITIONAL RIGHTS.
Applicable Law and Disputes
This Agreement, your rights and obligations, our rights and obligations, and
all actions contemplated by this Agreement will be governed by the laws of the
United States of America and the State of California, without regard to
principles of conflicts of law and as if this Agreement were a contract wholly
entered into and wholly performed within the State of California. This
Agreement will not be governed by the United Nations Convention on Contracts
for the International Sale of Goods.
Any dispute relating in any way
to your visit to Tenkara USA or to products you purchase through Tenkara USA
shall be submitted to confidential arbitration in San Francisco, California,
United States of America, except that, to the extent you have in any manner violated
or threatened to violate Tenkara USA’s intellectual property rights, Tenkara
USA may seek injunctive or other appropriate relief in any state or federal
court in the State of California, United States of America, and you consent to
exclusive jurisdiction and venue in such courts.
Arbitration under this Agreement
shall be conducted under the rules then prevailing of JAMS/ENDISPUTE
Streamlined Arbitration Rules and Procedures in effect at the time of filing of
the demand for arbitration. The parties specifically incorporate the terms of
California Code of Civil Procedure section 1283.05 with respect to discovery.
The arbitrator’s award shall be binding and may be entered as a judgment in any
court of competent jurisdiction. To the fullest extent permitted by applicable
law, no arbitration under this Agreement shall be joined to an arbitration
involving any other party subject to this Agreement, whether through class
arbitration proceedings or otherwise.
Indemnification
You agree to defend, indemnify, and hold harmless Tenkara USA and its
affiliates, successors and assigns, and its and their directors, officers,
employees, agents, co-branders or other partners from and against any and all
allegations, claims, demands, actions, causes of action, proceedings (whether
threatened or pending), orders, damages, losses, liabilities, costs and
expenses, including reasonable attorney’s fees and other legal expenses, and
judgments of any kind of nature, incurred by Tenkara USA arising out of or
relating to your use of the Tenkara USA and its products, your violation of
this Agreement, or your violation of any rights of another.
Additional agreements
In addition to the terms of use
highlighted here, Tenkara USA and the buyer, such as our dealers, may
have entered into additional agreements. Additional agreements do not
replace, but rather complement this agreement.
Considerations for Non-U.S.
Customers
Tenkara USA is located in the
United States. Please be aware that information you provide to us, or that we
obtain as a result of your use of Tenkara USA, may be processed and transferred
to the United States and be subject to United States law. The privacy and data
protection laws in the United States may not be equivalent to such laws in your
country of residence. By using the Tenkara USA, or by providing us with your
information, you consent to this collection, transfer, storage, and processing
of information to and in the United States.
Tenkara USA
888.483.6527
info@tenkarausa.com
637-B S. Broadway #108, Boulder, CO 80305 (*not a retail location)
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