Terms and Conditions
Helping anglers like you catch more walleye.
These Terms and Conditions of Use (the "Terms") apply to your access and use of the Walleye Rush world wide web site, located at www.walleyerush.com ("WalleyeRush"). All information and Content (as defined in these Terms) on the WalleyeRush web site (together with the design, layout and organization and the underlying source HTML files that implement the hypertext features, hereinafter referred to as the "Site") may be used solely under the following Terms. Please read the Terms carefully and completely before using the Site. By accessing, browsing or using the information or services on the Site, you (the "User") expressly agree to and consent to be bound by the Terms in full. If the following Terms are not acceptable in full, you must immediately terminate your use of the Site. Users accessing or using the Site do so on their own initiative and are responsible for compliance with all local laws. The Site and these Terms may be changed by WalleyeRush, in its sole discretion, at any time without notice. Use of the Site subsequent to any change constitutes User's acceptance of the change. Users are advised to read these Terms each time they access the Site for any changes to these Terms.
Purpose and Use of the Site
The general purpose of the Site is to provide Users with information about walleye fishing. The specific information provided by WalleyeRush is set forth in detail in the Site (collectively referred to hereinafter as the "Services"). User's right to access the Site and the Services is subject to any limits established by WalleyeRush. User agrees that it will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by WalleyeRush, if any, or authorized in advance and in writing by WalleyeRush. User agrees that it will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, User further agrees that it will not take any action that imposes an unreasonable or disproportionately large load on the WalleyeRush infrastructure, as determined by WalleyeRush.
As between WalleyeRush and Users, all right, title and interest in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of WalleyeRush or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication, estoppel or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of WalleyeRush or any third party that may own the trademark or copyright of material displayed on the Site.
Subject to User's full compliance with these Terms, User is hereby granted a non-exclusive, nontransferable, revocable, limited license to view, download, print and use information retrieved from the Site, provided that: (i) it is solely for User's own lawful informational purposes: (ii) User does not remove or obscure the copyright notice or other notices; (iii) the Content, or any part thereof, is not modified; and (iv) it is automatically done through User's browser software incidentally to using the Site and/or the Services. Except as expressly provided herein, no part of the Site, including, but not limited to, materials retrieved therefrom and the underlying HTML code, may be used, reproduced, republished, copied, reformatted, displayed, reverse engineered, reverse assembled, transmitted, distributed, licensed, sold, resold or exploited in any form or by any means. In no event shall materials from the Site be stored in any information storage and retrieval system without the prior written permission from WalleyeRush.
User understands and agrees that WalleyeRush may alter, suspend or discontinue the Site and/or the Services and may change any information, features and functions of the Site and/or the Services at any time for any reason, without notice, cost or liability. The Site may contain inaccuracies or typographical errors. The use of the Site is at User's own risk. WalleyeRush makes no representations about the accuracy, reliability, completeness, or timeliness of the Site.
User further understands and agrees that from time to time the Site may be inaccessible, unavailable or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which WalleyeRush may undertake from time to time; or (iii) causes beyond the control of WalleyeRush or which are not reasonably foreseeable by WalleyeRush, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that WalleyeRush has no control of the availability of the Site on a continuous or uninterrupted basis.
The Site and the Services currently are intended for use by Users located in the United States ("U.S."). WalleyeRush makes no representation or warranty that information on the Site is currently appropriate for any other jurisdiction.
These Terms and Conditions shall be governed by and construed in accordance with the laws of the United Stats of America.
All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the federal and state courts in the City of Minneapolis, State of Minnesota. User further agrees and expressly consents to personal jurisdiction over User in the federal and state courts in the City of Minneapolis, State of Minnesota, in connection with any such dispute including any claim involving WalleyeRush. You and WalleyeRush agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. If any provision(s) of the Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.
Disclaimer of Warranties
THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISABLE PURSUANT TO APPLICABLE LAW, WALLEYERUSH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, WALLEYERUSH DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, WALLEYERUSH DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL WALLEYERUSH BE LIABLE TO USER OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, EVEN IF WALLEYERUSH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY. INCLUDING, WITHOUT LIMITATION: (i) USER'S USE OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF WALLEYERUSH. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO USER. TO THE EXTENT THAT IN A PARTICULAR CIRCUMSTANCE ANY DISCLAIMER OR LIMITATION ON DAMAGES OR LIABILITY SET FORTH HEREIN IS PROHIBITED BY APPLICABLE LAW, THEN, INSTEAD OF THE PROVISIONS HEREOF IN SUCH PARTICULAR CIRCUMSTANCE, WALLEYERUSH SHALL BE ENTITLED TO THE MAXIMUM DISCLAIMERS AND/OR LIMITATIONS ON DAMAGES AND LIABILITY AVAILABLE AT LAW OR IN EQUITY BY SUCH APPLICABLE LAW IN SUCH PARTICULAR CIRCUMSTANCE, AND IN NO EVENT SHALL SUCH DAMAGES OR LIABILITY EXCEED US $10. IF USER IS DISSATISFIED WITH THE SITE OR SERVICES, USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR USER TO DISCONTINUE USE OF THE SITE OR SERVICES.
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