This agreement is between you the [“User” or “you”] and KELLY CONSULTING & HOLDINGS LLC D.B.A FANATIC 4 FISHING (F4F (Collectively, “KELLYCH”, “we”, “our” and “us”.)
Therefore, the use of www.FANATIC4FISHING.com (c0llectively, “the website or site”) is subject to the following terms and conditions. KELLYCH reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
IMPORTANT LEGAL NOTICE:
TO USE THIS SERVICE, YOU MUST BE AT LEAST 21 YEARS OF AGE, IF YOU ARE LESS THAN 21 YEARS, PLEASE DO NOT USE THIS SERVICE AS KELLYCH.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify KELLYCH for any losses, costs or damages, including reasonable legal fees, incurred by KELLYCH in relation to, or arising out of, such a breach.
- ABOUT KELLYCH
KELLY CONSULTING AND HOLDINGS LLC is a corporation carrying on its business operations in Texas, the United States of America. KELLY CH operates the KELLYCH websites, which has been the leading online authority since 2001. We started as a written publication that helped aggregate gun news and information before online search got popular. Over the years we have written about fishing news with a specific focus on political and economic events. Our readership grew over the years with more than 50,000 monthly readers.
“These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by KELLYCH via (our “Website”);
(b) The Review/link sharing of Gun related products & Gun accessories, the ordering, shipping and return of Topic related branded Shirts and Hats.
- EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. KELLYCH hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. KELLYCH shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
- INFORMATION ON THE WEBSITE
The information on the Website is for general information purposes only and does not constitute advice. Even though KELLYCH has composed its Website with care, the information, texts, documents, graphics, and/or other services/information on it may contain errors or be otherwise incorrect or incomplete. KELLYCH does not guarantee that the Website and/or the information is free of errors, defects, malware and viruses or that the Website and/or information is correct, up to date and accurate.
To the maximum extent permitted under applicable law, KELLYCH shall not be liable for any damages resulting from the use or inability to use of the Website, including damages caused by malware, viruses or any incorrectness or incompleteness of such information or the Website, unless such damage is the result of any wilful misconduct or from gross negligence on the part of KELLYCH.
KELLYCH shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including – but not limited to – damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
- INTELLECTUAL PROPERTY
All brand names, logo, product names and titles used on the Website are trademarks or trade names of KELLYCH or third party trade mark or trade name holders. You are not allowed to use or reproduce any such trademarks, logo or trade names as this may constitute an infringement of the holder’s rights.
The rights in the Website design, texts, documents, movies, music and/or other services and the selection and arrangement thereof, and all software compilations, underlying source codes, software and all other material on this Website are owned by or licensed to KELLYCH and/or its suppliers and subcontractors.
You are only allowed to electronically copy and to print in hard copy portions of the Website to the extent this is necessary for the purpose of subscribing to any service with us, or for using the Website as a shopping resource. You are not allowed to make any other use of the information and materials on this Website, including reproduction for purposes other than the one mentioned above, modification, distribution or republication. Should you wish to use materials or information from this Website, you need our prior written approval to do so.
- DATA PRIVACY
- UNSOLICITED IDEAS
In the event you post unsolicited ideas and/or materials whether consisting of texts, images, sounds, software, information or otherwise (Materials) on this Website or send these to KELLYCH by e-mail or otherwise, you grant us an irrevocable, free of charge non-exclusive and worldwide right to use, copy, adapt, modify, publish and/or commercially exploit such Materials to the fullest extent in whatever form and via all media known and to date unknown for the duration of the intellectual property rights in the Materials and we shall not be bound by any confidentiality obligation in respect of such Materials.
To the maximum extent permitted under applicable law, you hereby indemnify and hold KELLYCH harmless from and against all actions, claims and liabilities, suffered, incurred or sustained by us as a result of the use and/or exploitation of the Materials infringing the (intellectual property) rights of any third party or otherwise being unlawful towards a third party.
- CONTENT ON THE SERVICES
The contents of the Services, including the Site, are intended for your personal, non-commercial use. All materials published or available on the Services (including, but not limited to text, photographs, images, illustrations, designs, audio clips, video clips, “look and feel,” metadata, data, or compilations, all also known as the “Content“) are protected by copyright, and owned or controlled by KELLYCH or the party credited as the provider of the Content. KELLYCH also owns copyright in the selection, coordination, compilation, and enhancement of such Content (“Arrangement”). You shall abide by all additional copyright notices, information, or restrictions contained in any Content accessed through the Service.
The Services and Content are protected by copyrights, trademarks, patents, trade secrets, database rights, sui generis rights and other intellectual or proprietary rights therein pursuant to U.S. and international laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as provided in Section 9 of these Terms of Service), create new works from, distribute, perform, display (including framing and inline linking), communicate to the public or in any way exploit, any of the Content (or its Arrangement) or the Services (including Software) in whole or in part.
You may download or copy the Content and other downloadable items displayed on the Services for your personal use only, provided that you maintain all copyright and other notices contained therein. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from KELLYCH, or the copyright holder identified in the copyright notice contained in the Content.
- USER GENERATED CONTENT: SUBMISSIONS INCLUDING COMMENTS, READER REVIEWS AND MORE
If you upload, post or submit any content on the Service, you represent to us that you have all the necessary legal rights to upload, post or submit such content and it will not violate any law or the rights of any person. You shall not upload to, or distribute or otherwise publish on to the Services any libellous, defamatory, obscene, pornographic, abusive, or otherwise illegal material. You shall not impersonate anyone else or otherwise misrepresent your identity, affiliation or status. You agree not to provide material and misleading information knowingly and with intent to defraud. You shall not upload to, or distribute or otherwise publish on to the Services any malware, viruses, spyware, or other malicious software or files to the Services. You shall not use automated means to upload to, or distribute or otherwise publish onto, the Services any content.
Be courteous. You agree that you will not threaten or verbally abuse other members, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam.”
Use respectful language. Like any community, the online conversation flourishes only when our members You acknowledge that any submissions you make to the Services (i.e., user-generated content including but not limited to: comments, forum messages, reviews, text, video, audio and photographs, as well as computer code and applications) (each, a “Submission“) may be edited, removed, modified, published, transmitted, and displayed by KELLYCH and you waive any rights you may have in having the material altered or changed in a manner not agreeable to you. Submissions made to the Services may also be included in our RSS feeds and APIs and made available for republishing through other formats.
You grant KELLYCH a perpetual, nonexclusive, world-wide, royalty-free, sub-licensable license to the Submissions, which includes without limitation the right for KELLYCH, or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, communicate to the public, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any Submission posted by you on or to the Services or any other website owned by KELLYCH, including any Submission posted on or to the Services through a third party.
You are solely responsible for the content of your Submissions. However, while KELLYCH does not and cannot review every Submission and is not responsible for the content of these messages, KELLYCH reserves the right to delete, move, or edit Submissions that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, in violation of these Terms of Service, or otherwise unacceptable.
By making a Submission, you are consenting to its display and publication on the Site and in the Services and for related online and offline promotional uses.
- PROHIBITED USE OF THE SERVICES
You may not access or use, or attempt to access or use, the Services to take any action that could harm us or a third party. You may not use the Services in violation of applicable laws or in violation of our or any third party’s intellectual property or other proprietary or legal rights. You further agree that you shall not attempt (or encourage or support anyone else’s attempt) to circumvent, reverse engineer, decrypt, or otherwise alter or interfere with the Services, or any content thereof, or make any unauthorized use thereof. Without KELLYCH’s prior written consent, you shall not:
(i) Access any part of the Services, Content, data or information you do not have permission or authorization to access or for which G0ND has revoked your access;
(ii) use robots, spiders, scripts, service, software or any manual or automatic device, tool, or process designed to data mine or scrape the Content, data or information from the Services, or otherwise access or collect the Content, data or information from the Services using automated means;
(iii) use services, software or any manual or automatic device, tool, or process designed to circumvent any restriction, condition, or technological measure that controls access to the Services in any way, including overriding any security feature or bypassing or circumventing any access controls or use limits of the Services;
(iv) cache or archive the Content (except for a public search engine’s use of spiders for creating search indices);
(v) take action that imposes an unreasonable or disproportionately large load on our network or infrastructure; and
(vi) do anything that could disable, damage or change the functioning or appearance of the Services, including the presentation of advertising.
Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against the user and those assisting the user.
- PAYMENT, PRICING & SHIPPING
(a) Payment and billing information.
Payments for the purchase of our topic related branded shirt and hat products can be done with the use of CREDIT CARDS – AMEX, GPAY, APPLEPAY, OPAY, VISA and MASTERCARD. By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for all charges you incur for the purchase of any Subscriptions or other Products (including any applicable taxes and other charges) (each such purchase, an “Order”). You are responsible for, and agree to pay, all such charges. If we or our third party payment processor cannot obtain authorization for charges to your payment method or if any amounts you authorize us to charge to your payment method are reversed or charged back for any reason, we may, at our option, in addition to any other remedies: cancel or suspend any undelivered portion of your Orders, make second and/or subsequent attempts to charge your payment method, and/or use any other lawful means to collect payment on any outstanding amounts due to us. You will remain responsible to pay all applicable charges for all Orders. You agree to provide and keep current a valid payment method. However, your failure to do so shall not constitute cancellation of any Order. In the event you want to change or update payment information associated with your KELLYCH account, you can do so at any time by logging into your account and editing your payment information.
(b) Pricing and availability.
All prices shown via the Services are in United States Dollars. Any applicable taxes and other charges, if any, are additional. We reserve the right to change our Subscription and other Product offerings, and to adjust prices as we may determine in our sole discretion, at any time and without notice; provided, however, that if we change the amounts or other charges associated with your then-current Subscription(s), we will provide advance notice of such changes via one of the means described in this terms and conditions. We will not, however, be able to notify you of changes in any applicable taxes prior to such changes becoming effective. The shipment of Products to you after our delivery of such notice will confirm your acceptance of such changes, unless you cancel your subscription(s) in accordance with the cancellation policy set forth in these terms.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
(d) Shipping and handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. We reserve the right to use any shipping couriers as needed. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export.
You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. You should always inspect your delivery to confirm that they arrive in a good condition and in the design that you have provided us to build for you.
Orders can be placed 24 hours a day, seven days a week via our website: www.fanatic4fishing.com/our-shop. You will be notified via your registered email when your order is about to be shipped to you, along with tracking information. There will be no other contact to you unless it is initiated by the customer.
- RETURNS AND REFUNDS.
All Transactions and purchases made on the site is final and KELLYCH offers no return and exchange unless it can be clearly shown that the product shipped is defected.
- Damaged in shipment
If you receive your product and it has been damaged during shipment, please email us at [email protected] within 10-15 business days of receiving the shipment. Include a description of the damages and include pictures if possible. This information is extremely helpful to us in making sure that our products are packaged and shipped properly. We will arrange for the damaged products to be replaced.
- Important conditions for return
Please note that you can only return a product if it is defective. The product returned shall be inspected on its receipt. Please ensure that the following conditions are fulfilled before returning the product:
- The product shall be in unused and original condition;
- You shall inform about the return of the product to us within a period of 10-15 business days;
- You shall not accept any open box deliveries;
- The return package shall include everything that arrived with the package when you made the purchase, including price tags, labels, original packing, freebies & accessories, invoices/warrantee cards and other documentation.
Once your return is received and inspected, we will send you an email to notify you that we have received your returned item. We will also notify you of the approval or rejection of your refund. If you are approved, then your refund will be processed, and a credit will automatically be applied to your credit card or original method of payment, within a certain amount of days.
Delivery time of 1 to 3 working days, to the address of the User / Customer since the tracking number is received.
The messaging service is carried out with tracking control. We have the express right to use any Courier service as we deem fit.
Please note that shipping fees would be calculated together with your order price upon checkout.
- DISCLAIMERS AND LIMITATIONS OF LIABILITY
Your access to and use of the Services or any Content are at YOUR OWN RISK. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, THE KELLYCH (KELLYCH ENTITIES are KELLYCH founders, officers, directors, employees, agents, representatives, partners) DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
KELLYCH make no warranty and disclaim all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from KELLYCH or through the Services, will create any warranty not expressly made herein.
The Services may contain links to third-party websites or resources. You acknowledge and agree that the KELLYCH is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by KELLYCH of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, KELLYCH SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF KELLYCH EXCEED ZERO DOLLARS (U.S. $0.00). THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, AND TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT KELLYCH HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
- COPYRIGHT USE AND POLICY
KELLYCH respects the intellectual property rights of others and expects users of the Services to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us. If you believe that your Content has been copied in a way that constitutes copyright infringement, please provide us with the following information: (i) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (ii) identification of the copyrighted work claimed to have been infringed; (iii) identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material; (iv) your contact information, including your address, telephone number, and an email address; (v) a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate, and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
We reserve the right to remove Content alleged to be infringing without prior notice, at our sole discretion, and without liability to you. In appropriate circumstances, KELLYCH shall restrict access to use the services of any infringer. Send notice of alleged copyright infringement appearing on the Services to [email protected].
To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless KELLYCH, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “KELLYCH Parties”), from and against all actual or alleged KELLYCH Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any Feedback you provide, (c) your violation of these Terms, (d) your violation of the rights of another, (e) any third party’s use or misuse of the Sites or Products provided to you and (f) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms. You agree to promptly notify KELLYCH of any third-party Claims and cooperate with the KELLYCH Parties in defending such Claims. You further agree that the KELLYCH Parties shall have control of the defense or settlement of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and KELLYCH.
If KELLYCH decides to change these general terms and conditions, we will post the changed terms and conditions on the Website. You are advised to regularly check whether they have changed. Existing contracts will not be affected by such changes.
- GOVERNING LAW AND JURISDICTION
This general terms and conditions in relation to the use of www.fanatic4fishing.com is hereby governed by, and constructed and enforced in accordance with the laws of Texas, US. The competent courts in Texas, US, shall have the exclusive jurisdiction to resolve any dispute between you and KELLYCH.