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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.

Google’s privacy policy is found here http://www.google.com/analytics/learn/privacy.html

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.

To opt out of being tracked by Google Analytics across all websites visit http://tools.google.com/dlpage/gaoptout

 

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®

® (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)