Terms of Use

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Effective date: December 19, 2024
Legal entity: A. Winston Outfitters ("A. Winston," "we," "our," "us")
Contact: [email protected]

1) Overview

These Terms of Use ("Terms") govern your access to and use of our website, online shop, digital downloads (e.g., PDFs), educational content, courses, and any in‑person or virtual instruction or events we may offer (collectively, the "Services"). By accessing the Services, you agree to these Terms and to our Privacy Policy and Accessibility Statement.

If you do not agree, do not use the Services.

2) Eligibility; Accounts

• You must be at least 18 (or the age of majority where you live).
• If you create an account, you are responsible for maintaining its security and for all activity under it.
• We may refuse, suspend or terminate accounts for any reason consistent with law.

3) Safety, Outdoor & On‑Water Risks (Important)

Fly fishing and related outdoor activities involve inherent risks (e.g., moving water, weather, wildlife, hooks/knives, wading hazards, boating). You accept all risks associated with these activities. Always follow local laws, fish & game regulations, license requirements, and safety best practices (e.g., eye protection, PFDs, wading staff, proper footwear). Our content is informational and not professional, legal, safety, or medical advice.

4) Purchases; Pricing; Taxes

• Prices are shown before applicable taxes, fees, or shipping (if any).
• We may change prices or modify/cancel offerings at any time (changes do not apply retroactively to completed orders).
• You authorize us (and our processor) to charge your selected payment method for all amounts due.
• You are responsible for any applicable taxes.

5) Digital Downloads & License

Unless otherwise stated, digital content (e.g., PDFs, guides) is licensed to you on a limited, non‑exclusive, non‑transferable basis for your personal, non‑commercial use.

You may not:

• Resell, share, post publicly, or redistribute the files or any substantial portion of the content.
• Remove copyright or attribution notices, or create derivative works for distribution.
• Use our content to train machine‑learning models or automated systems without prior written permission.

We retain all rights not expressly granted.

6) Shipping, Returns, Refunds (Customize)

• Digital goods: Typically non‑refundable once delivered. If you experience a technical issue, contact us within 7 days at [email protected].
• Physical goods (if any): Returns accepted within 30 days of delivery in new/unused condition. Customer pays return shipping unless item is defective or we made an error.
• Classes/Trips (if offered): Cancellations must be received 30 days in advance for a refund, less any non‑refundable permits/fees. Weather safety calls are at our discretion; we'll attempt to rebook where possible.

7) User Content; Feedback

If you post reviews, comments, photos, or other content ("User Content"), you grant us a non‑exclusive, worldwide, royalty‑free license to use, reproduce, and display that content in connection with the Services. You represent you own or control the rights in your User Content and that it does not infringe others' rights.

8) Acceptable Use

You agree not to:

• Break the law or violate others' rights.
• Upload malicious code, interfere with the site, or attempt to bypass security.
• Scrape, spider, or harvest data except as allowed by standard browser usage and our robots rules.
• Impersonate any person or entity.

9) Intellectual Property; DMCA

All trademarks, logos, text, graphics, and other content are owned by us or our licensors and protected by law.

DMCA Agent (U.S.): If you believe material infringes your copyright, send a notice to:

• Email: [email protected]
• Address: DMCA Agent, A. Winston Outfitters, Address, City, State, ZIP

Include: your contact info; work claimed infringed; the infringing material's URL/location; a statement under penalty of perjury that your claim is accurate and you are authorized; and your signature (electronic OK).

10) Disclaimers

The Services, including tips, techniques, water/seasonal guidance, and gear suggestions, are provided "AS IS" and "AS AVAILABLE." We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non‑infringement. We do not guarantee catches, outcomes, or that content will be error‑free or uninterrupted.

11) Limitation of Liability

To the fullest extent permitted by law:

• We will not be liable for indirect, incidental, consequential, special, exemplary, or punitive damages; loss of profits, data, or goodwill; or personal injury or property damage arising from or related to the Services.
• Our total liability for any claim will not exceed the greater of (a) USD $100 or (b) amounts you paid to us in the 12 months preceding the incident.

Some jurisdictions do not allow certain limitations—if so, those limits apply to the maximum extent permitted.

12) Indemnification

You agree to indemnify and hold us harmless from claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your User Content, or your breach of these Terms.

13) Governing Law; Dispute Resolution (Customize)

These Terms are governed by the laws of the United States, without regard to conflict‑of‑laws rules.
(Optional) You agree to binding arbitration on an individual basis for disputes, and waive class actions and jury trials, except where prohibited by law. Venue: United States.

14) Changes to the Terms

We may update these Terms by posting a revised version with a new "Effective date." Changes take effect upon posting unless otherwise stated.

15) Contact

Questions? [email protected]

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