Terms and Conditions
Agreement between User and www.quickwaterfishing.com
Welcome to www.quickwaterfishing.com. The www.quickwaterfishing.com website (the "Site") is comprised of various web pages operated by QuickWater Sports Corp. ("QuickWater"). www.quickwaterfishing.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of www.quickwaterfishing.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.quickwaterfishing.com is an E-Commerce Site.
QuickWater is the manufacturer of fishing leader-line storage boards. QuickWater leader-line boards ensure quick and effective storage of your lures, baits, leader line, and rigs, making them easily accessible whenever you need them. This Long-life Board is easy to use and is a perfect storage tool for pre-rigging leaders. QuickWater also has storage boards for both bead anglers and fly fishing, as well as a dock rod holder.
Privacy
Your use of www.quickwaterfishing.com is subject to QuickWater's Privacy Policy. Please review our Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.quickwaterfishing.com or sending emails to QuickWater constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
QuickWater does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.quickwaterfishing.com only with permission of a parent or guardian.
Cancellation/Refund Policy
Our Express Warranty will guarantee all Boards against defects in construction for three years from the date of purchase. When a structural defect is brought to our attention; we will repair or replace it.
Links to Third Party Sites/Third Party Services
www.quickwaterfishing.com may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of QuickWater and QuickWater is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. QuickWater is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by QuickWater of the site or any association with its operators.
Certain services made available via www.quickwaterfishing.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.quickwaterfishing.com domain, you hereby acknowledge and consent that QuickWater may share such information and data with any third party with whom QuickWater has a contractual relationship to provide the requested product, service or functionality on behalf of www.quickwaterfishing.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.quickwaterfishing.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to QuickWater that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of QuickWater or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
QuickWater content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of QuickWater and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of QuickWater or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your QuickWater account to third party accounts. By connecting your QuickWater account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by QuickWater from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the QuickWater Content accessed through www.quickwaterfishing.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless QuickWater, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. QuickWater reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
QuickWater in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and QuickWater agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. QUICKWATER SPORTS CORP. AND/OR ITS SUPPLIERS
MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
QUICKWATER SPORTS CORP. AND/OR ITS SUPPLIERS MAKE NO
REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS,
SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY
PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL
SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF
ANY KIND. QUICKWATER SPORTS CORP. AND/OR ITS SUPPLIERS HEREBY
DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS,
INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL QUICKWATER SPORTS CORP. AND/OR ITS SUPPLIERS BE LIABLE FOR
ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF
OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE,
WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE
PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS
OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF
THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF QUICKWATER SPORTS CORP. OR ANY OF
ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED
WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE,
YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
QuickWater reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of New York and you hereby consent to the exclusive jurisdiction and venue of courts in New York in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and QuickWater as a result of this agreement or use of the Site. QuickWater's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of QuickWater's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by
QuickWater with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and QuickWater with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and QuickWater with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
QuickWater reserves the right, in its sole discretion, to change the Terms under which www.quickwaterfishing.com is offered. The most current version of the Terms will supersede all previous versions. QuickWater encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
QuickWater welcomes your questions or comments regarding the Terms:
QuickWater Sports Corp.
2152 Ridge Road
Lewiston, New York 14092
Email Address:
info@quickwaterfishing.com
Telephone number:
7164059800
Effective as of February 01, 2024
What information do we collect?
We collect information from you when you register on our site, and place an order, subscribe to the completion of a form.
When ordering or registering on our site, as appropriate, you may be asked to enter your: name, e-mail address, mailing address, phone number or credit card information. You may, however, visit our site anonymously.
What do we use your information for?
Any of the information we collect from you may be used in one of the following ways:
Note: If at any time you would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How do we protect your information?
We implement a variety of security measures to maintain the safety of your personal information when you place an order or enter, submit, or access your personal information.
We offer the use of a secure server. All supplied sensitive/credit information is transmitted via Secure Socket Layer (SSL) technology and then encrypted into our Payment gateway providers database only to be accessible by those authorized with special access rights to such systems, and are required to keep the information confidential.
After a transaction, your private information (credit cards, social security numbers, financials, etc.) will not be kept on file for more than 60 days.
Do we use cookies?
Yes (Cookies are small files that a site or its service provider transfers to your computer’s hard drive through your Web browser (if you allow) that enables the sites or service provider systems to recognize your browser and capture and remember certain information.
We use cookies to help us remember and process the items in your shopping cart, understand and save your preferences for future visits and compile aggregate data about site traffic and site interaction so that we can offer better site experiences and tools in the future.
If you prefer, you can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies via your browser settings. Like most websites, if you turn your cookies off, some of our services may not function properly. However, you can still place orders over the telephone.
Do we disclose any information to outside parties?
We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. We may also release your information when we believe release is appropriate to comply with the law, enforce our site policies, or protect our or others’ rights, property, or safety. However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
New York Online Privacy Protection Act Compliance
Because we value your privacy, we have taken the necessary precautions to be in compliance with the New York Online Privacy Protection Act. We therefore will not distribute your personal information to outside parties without your consent.
As part of the New York Online Privacy Protection Act, all users of our site may make any changes to their information at any time by logging into their account and going to the ‘Edit Profile’ page.
Children Online Privacy Protection Act Compliance
We are following the requirements of COPPA (Children Online Privacy Protection Act), we do not collect any information from anyone under 13 years of age. Our website, products and services are all directed to people who are at least 13 years old or older.
Online Privacy Policy Only
This online privacy policy applies only to information collected through our website and not to information collected offline.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website at https://www.quickwaterfishing.com/pages/privacy-policy
Consent
By using our site, you consent to our privacy policy.
Changes to our Privacy Policy
If we decide to change our privacy policy, we will post those changes on this page.
This policy was last modified on 08/01/23.
Contacting Us
If there are any questions regarding this privacy policy, you may contact us using the information below.
QuickWater®
info@quickwaterfishing.com
716 405 9800