TERMS & CONDITIONS
This website is owned and operated by RoosterFish Marketing, LLC, a Delaware limited liability company (“RoosterFish”). “Customer” access to and usage of (collectively referred to as “Access”) RoosterFish Products and/or Services (as defined below) is conditioned upon Customer accepting the following Terms and Conditions.
Upon Customer Access, Customer hereby represents to RoosterFish that Customer is at least the age of majority in their state or province or residence or that Customer has given RoosterFish consent to allow any minor dependents of Customer to use this site and has reviewed these Terms and Conditions and agrees that Customer’s Access to Products and/or Services signifies that these Terms and Conditions govern Customer’s Access to the Products and/or Services and Customer agrees to these Terms and Conditions. Customer further represents and warrants to RoosterFish that to the extent Customer is Accessing the Products and/or Services on behalf of a third-party for whom Customer is employed or acting as an Agent, Customer has authority to agree to accept these Terms and Conditions on behalf of such third-party.
RoosterFish’s Products and/or Services may not be accessed by Customer for purposes of monitoring their availability, performance, or functionality, or for any other benchmarking or competitive services.
RoosterFish’s direct competitors are prohibited from accessing RoosterFish’s Products and/or Services without the prior written consent of RoosterFish.
“Access” means access to and usage of RoosterFish Services.
“Agent” means a person who has been legally empowered to act on behalf of RoosterFish or Customer.
“Agreement” means Customer’s agreement to these Terms and Conditions for Services, and any other document executed by both Customer and RoosterFish which (1) incorporates these Terms and Conditions whether by reference or inclusion, (2) may only consist of these Terms and Conditions, and/or (3) may relate to these Terms and Conditions and one or more other agreements executed by both RoosterFish and Customer.
“Comments” means Customer certain specific submissions such as, feedback, contest entries, creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise from Customer to RoosterFish.
“Confidential Information” has the meaning set forth in Section 16.
“Customer” means an individual or Entity seeking Products or Services from RoosterFish.
“Entity” means a company, organization or other legal entity.
“Indemnified Parties” means RoosterFish and Customer affiliates, subsidiaries, parent and related companies, officers, directors, Agents and employees as set forth in Section 9.
“Party” means either RoosterFish or Customer as determined by context.
“Parties” means both RoosterFish and Customer.
“Product” or “Products” means any physical item and/or written instructions offered for sale by RoosterFish.
“Return Policy” means the return policy as amended from time to time at the sole discretion of RoosterFish without any notification by RoosterFish to Customer. Which can be found at https://roosterfishboats.com/terms-and-conditions, Returns Tab.
“Service” or “Services” means the written instructions, verbal instructions, providing replacement parts, and this Website
“Woo Commerce” means the online e-commerce platform that allows the sale of RoosterFish Products and Services.
“Store” means the RoosterFish Website Chandlery.
“Website” means and its related web pages located under the same domain name or other domain name owned and operated by RoosterFish.
“RoosterFish” means RoosterFish Marketing, LLC, a Delaware corporation.
“RoosterFish Proprietary Rights” means the Products, Services and any proprietary rights or technological developments related thereto or otherwise employed as part of any of the Products and/or Services provided by RoosterFish.
2. Representations and Warranties. The Parties represent and warrant they have the full right and legal authority to enter into and fully perform in accordance with RoosterFish’s Terms and Conditions. RoosterFish further represents and warrants that it is responsible for securing any required license or permits to provide the Products and complete the Services, and that RoosterFish’s technology will not infringe on any third-party rights. Customer further represents and warrants that any content and Customer Marks provided by Customer will not infringe on any third-party rights.
RoosterFish expressly disclaims (to the greatest extent permissible under applicable law) all warranties, express, implied, statutory, or otherwise, relating to the Products and Services, including but not limited to any WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTIES ARISING FROM ANY COURSE OF DEALING OR COURSE OF TRADE. RoosterFish does not warrant that the Products or Services provided by RoosterFish are properly priced, accurately described, or available. Some jurisdictions do not permit limitations or exclusions of warranties and liabilities, so while some or all of this Section may not apply to Customer in such jurisdictions, this Section will apply to the fullest extent permissible under the law.
Customer’s Access to RoosterFish’s Products and Services is at Customer’s sole risk. Except as expressly stated otherwise herein, the Product and Services are provided to Customer on an “AS IS” and “AS AVAIABLE” basis.
Customer hereby acknowledges that RoosterFish’s website may contain links to third-party websites or services that are not owned or controlled by RoosterFish. Customer acknowledges that RoosterFish has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. Customer acknowledges and agrees that RoosterFish is not responsible and shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content or services available on or through any such third parties.
3. Use of Trademarks. The Products and Services , and the features and functionality of them are and will remain the exclusive property of RoosterFish and/or its licensors. The Products and Services may be protected by copyright, trademark, and other laws of both the United States and foreign countries.
Except as expressly permitted in RoosterFish’s Terms and Conditions, neither Party shall be entitled to use the trademarks, logos, or trade names of the other without such Party’s prior written consent.
4. Customer Conduct.
4.1 Customer’s Access to Products and Services. Customer represents and warrants that its Access to Products and Services:
(a) will be in compliance with any applicable laws, including but not limited to, intellectual property, privacy, and criminal laws;
(b) will be in compliance with any obligations Customer may owe to any other third-party; and,
(c) will be in compliance with RoosterFish’s Terms and Conditions and other policies or agreements Customer may have with RoosterFish.
4.2 Prohibited Access to Products and Services. Customer represents and warrants it will refrain from Accessing the Products and Services to:
(a) submit, solicit, or collect any non-public information about the Products and Services;
(b) misrepresent Customer’s identity or affiliation with RoosterFish;
(c) misappropriate, duplicate or reverse engineer any content of the Products or Services; and
(d) distribute, modify, transmit, reuse, download, repost, copy, or use information for Customer’s sole commercial purposes or for personal gain that RoosterFish provides through the Products and Services, other than as permitted in RoosterFish’s Terms and Conditions.
5. Products and Services Availability, Display and Pricing by RoosterFish.
5.1 Products and Services Availability. Certain Products or Services may be available exclusively online by RoosterFish. These Products or Services may have limited quantities and are subject to return or exchange only, according to the RoosterFish Return Policy. RoosterFish reserves the right, but is not obligated, to limit the sales of Products or Services to any Customer, geographic region or jurisdiction, at the sole discretion of RoosterFish and without any notification to Customer.
5.2 Products and Services Display and Accuracy. RoosterFish has made every effort to display as accurately as possible the colors and images of Products that appear at the Store. RoosterFish cannot guarantee that the Customer’s computer monitor display of any color will be accurate. All descriptions of Products and Services are subject to change at the sole discretion of RoosterFish and without any notification to Customer. Occasionally there may be information on the Website or in the Store regarding Products and Services that contain typographical errors, inaccuracies or omissions that may relate to Product descriptions, pricing, promotions, offers, shipping charges, transit time and availability. RoosterFish reserves the right, but is not obligated within a specified timeframe, to correct any errors, inaccuracies or omissions, and to change or update information at any time, at its sole discretion and without any notice to Customer.
5.3 Products and Services Discontinuation. RoosterFish may discontinue a Product or Service at any time at the sole discretion of RoosterFish and without any notification by RoosterFish to Customer.
5.4 Product Order Limitation and Refusal. RoosterFish reserves the right to refuse any order from Customer. RoosterFish may, in its sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same Customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event RoosterFish makes a change or cancels an order, RoosterFish may attempt to notify Customer by contacting the email, billing address, and/or phone number provided by Customer. RoosterFish reserves the right to limit or prohibit orders that, in RoosterFish’s sole judgement, appear to be placed by dealers, resellers or distributors.
5.5 Product and Service Cost Modification and Amendment. RoosterFish may modify or amend the cost of Products and Services at any time at the sole discretion of RoosterFish and without any notification by RoosterFish to Customer, accept as required by law.
6. Billing and Account Information. Customer agrees to provide current, complete and accurate purchase and account information for all purchases made at the Store. Customer agrees to promptly update Customer account and other information including Customer email address, billing address and credit card information in order that RoosterFish can complete Customer transactions and contact Customer as needed.
7. Customer Comments. If, whether at the request of RoosterFish or not, Customer sends Comments, Customer agrees that RoosterFish may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that Customer submits to RoosterFish. RoosterFish is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
8. Ownership. RoosterFish shall retain complete ownership of all trademarks, logos, designs, copyrights, trade names and all other intellectual property rights which it owns or has rights to and which are used in any way in materials in connection with this Agreement or the Services. Any materials developed by RoosterFish as a result of this Agreement or the Services will be owned by RoosterFish. In this regard, it is specifically understood that RoosterFish is the sole owner of RoosterFish, the Services, and any proprietary rights or technological developments related thereto or otherwise employed as part of any of the Products or Services (collectively “RoosterFish Proprietary Rights”) and Customer shall only have the limited right to use such RoosterFish Proprietary Rights as permitted by RoosterFish’s Terms and Conditions and any other written agreement through which Customer and RoosterFish incorporate RoosterFish’s Terms and Conditions. The Parties hereby expressly agree this provision is intended to protect RoosterFish’s Proprietary Rights to the full and maximum extent permitted by law.
RoosterFish and Customer further agree that other customers and/or suppliers may contract with RoosterFish for the Products or Services. RoosterFish and Customer agree that if other customers and/or suppliers contract with RoosterFish for Products and/or Services, information may be requested or obtained from the other customers and/or suppliers, that may be the same or similar to information provided by Customer.
9. Independent Contractors. Each Party is acting as an independent contractor with respect to the Products, Services and RoosterFish’s Terms and Conditions. The Products, Services and RoosterFish’s Terms and Conditions shall not constitute, give rise or effect to, or otherwise create or establish, any agency, employee-employer relationship, joint venture, pooling arrangement, partnership, or formal business organization of any kind. Neither Party shall have the authority to bind, represent or commit the other Party or to make or accept any offers or representations on the other Party’s behalf.
10. Indemnification. Customer agrees to indemnify and hold RoosterFish and its employees, partners, contractors, agents, officers, and directors harmless from any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorneys’ fees) resulting from or arising out of (a) Customer’s use of the Products and/or Services by Customer or anyone using Products and/or Services purchased by Customer from RoosterFish, (b) any third-party unauthorized use of Products and/or Services, and (c) any breach of RoosterFish’s Terms and Conditions by Customer. Finally, Customer agrees to indemnify and hold RoosterFish harmless from any claims for damages or injury, including death, relating to or arising from any claim made by Customer or any third-party relating to any Products and/or Services, unless such claim arises as a result of the gross negligence or intentional misconduct of RoosterFish.
11. Limited Liability. UNDER NO CIRCUMSTANCES SHALL ROOSTERFISH, NOR ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND OR NATURE WHATSOEVER ARISING OUT OF CUSTOMER’S ACCESS TO THE PRODUCTS, SERVICES OR ROOSTERFISH’S TERMS AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY LOSS OF BUSINESS, GOODWILL, REVENUE, PROFITS, OPPORTUNITIES, REPUTATION, BUSINESS INTERRUPTION, OR DATA. THE LIMITATIONS SET FORTH IN THIS SECTION APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BROUGHT (WHETHER ON THE BASIS OF CONTRACT, NEGLIGENCE, OTHER TORTS, OR STRICT LIABILITY), EVEN IF ROOSTERFISH HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGE OR IF SUCH DAMAGE COULD HAVE BEEN REASONABLY FORESEEN, AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY EXCLUSIVE REMEDY PROVIDED IN ROOSTERFISH’S TERMS AND CONDITIONS. IN THE EVENT A COURT FINDS THE FOREGOING LIMITS OF LIABILITY UNENFORCEABLE FOR ANY REASON, THE PARTIES HEREBY AGREE THAT THE MAXIMUM, CUMULATIVE, AND AGGREGATE LIABILITY OF ROOSTERFISH HEREUNDER, REGARDLESS OF THE FORM OF THE CLAIM OR ACTION (WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY) AND NOTWITHSTANDING THE FAILURE OF AN ESSENTIAL PURPOSE OF ANY LIMITED REMEDY SET FORTH IN ROOSTERFISH’S TERMS AND CONDITIONS, SHALL BE LIMITED TO THE MONEY PAID BY CUSTOMER TO ROOSTERFISH FOR ANY APPLICABLE PRODUCT OR SERVICE.
12. Amendment. RoosterFish’s Terms & Conditions may be modified or amended at any time at the sole discretion of RoosterFish and without any notification by RoosterFish to Customer. RoosterFish’s Terms and Conditions may also be modified or amended by RoosterFish making such modifications and amendments to the electronic version of its Terms and Conditions published at www.RoosterFishBoats.com/terms.
13. Force Majeure. If because of an act of God, pandemic, inevitable accident, fire, lockout, strike or other labor dispute, riot or civil commotion, act of terrorism or war, act of government or government instrumentality (whether federal, state or local), failure of performance by a common carrier, or other cause beyond the reasonable control of RoosterFish, RoosterFish is unable to perform any or all of its obligations hereunder, then such inability will not be a breach of RoosterFish’s Terms and Conditions.
14. Governing Law. Customer’s Access to Products, Services, RoosterFish’s Terms and Conditions, and all matters and issues collateral thereto shall be governed by the laws of the State of Texas, without regard to its statutes or rules regarding conflicts-of-law. All disputes arising out of or in connection with Customer’s Access to Products, Services or RoosterFish’s Terms and Conditions will be resolved solely by in the appropriate court governing in the County of Travis, State of Texas.
15. Confidentiality. “RoosterFish Confidential Information” means any information obtained by Customer relating in any way to the Products or Services, whether orally, in documents, electronically, or otherwise, in any form or medium, that would reasonably under the circumstances be expected or considered to be confidential or proprietary by a prudent person, that is not generally known or available to the public. RoosterFish Confidential Information shall not include information that Customer can demonstrate was: (i) available to the public at the time of disclosure to Customer, as evidenced by generally available documents or publications, through no fault of Customer; (ii) published or otherwise a part of the public domain after disclosure to Customer, through no fault of Customer; (iii) in the possession of Customer at the time of disclosure to Customer, if Customer was not then under an obligation of confidentiality with respect thereto; or (iv) independently developed by Customer outside of the course of its performance under this Agreement.
Except as expressly provided herein, Customer shall: (a) maintain the confidentiality of RoosterFish’s Confidential Information using at least the same standard of care as Customer uses to avoid disclosure of its own Confidential Information of a similar nature, but in no event less than a reasonable standard of care; (b) take reasonable steps to prevent the use, disclosure, dissemination or copying of the RoosterFish Confidential Information other than as expressly permitted by this Agreement; (c) use the RoosterFish Confidential Information solely as necessary and appropriate for Customer to perform its duties and exercise its rights under this Agreement; (d) not acquire any express or implied right or license under any intellectual property or proprietary right, or assert any lien against, the RoosterFish Confidential Information; (e) promptly return or destroy RoosterFish’s Confidential Information, as the RoosterFish directs, upon the request of RoosterFish and upon Customer’s discontinued Access to Products and/or Services; and (f) use commercially reasonable efforts to inform its employees, agents, and subcontractors who perform duties with respect to this Agreement about these restrictions.
16. Entire Agreement. This Agreement, as amended from time to time by RoosterFish as allowed in Section 12 hereof, along with any other written agreement executed by the Parties which incorporates RoosterFish’s Terms and Conditions by reference, constitutes the entire agreement between Customer and RoosterFish and will supersede any and all other agreements between the Parties whether verbal or otherwise.
17. Authority. The person accepting the Terms and Conditions for Customer hereby represents that he or she has full legal authority to bind Customer to RoosterFish’s Terms and Conditions.
18. Use of Third-Party for Payments. RoosterFish may use third-party services to facilitate payments for Customer’s purchase of Products or Customer hereby authorizes and agrees that RoosterFish may disclose Customer’s payment information to a third-party retained by RoosterFish for this payment service.
- Personal Information Collected by RFM
Categories of Personal Information.
User Account: Users may create an account by providing their name, email address and password. Registration is optional and users may access the Site as a guest at any time.
Purchases: When you purchase products on the Site, RFM will collect shipment and payment information as follows:
Shipment: Users will be required to provide information, including names, emails (for electronic delivery) and addresses (for physical delivery) of products purchased on the Site. Phone numbers and email addresses may also be requested in the event RFM or the common carrier needs to contact the purchaser or recipient to facilitate delivery of the products to the appropriate location. At your request, shipping information may be saved for faster checkout on future orders.
Payment: RFM requires users to input the following payment information: credit or debit card information, first and last name, billing address, card expiration date, and three-digit security code.
Email Addresses & Contact Information: Users may also provide their email address and/or other contact information to RFM to subscribe to its newsletters, to contact us through the Site with questions about our Site and Services, or to reset their password. When users make a purchase, users may also subscribe to RFM’s newsletters. Users can opt-out through the unsubscribe link in that newsletter or corresponding email.
Cookies: RFM utilizes cookie technology to gather information on internet use in order to serve you more effectively. As described in Section 2, RFM also utilizes third party analytics services which may also use tracking cookies to provide information about the use of our Site.
- Is Information Collected by Or Disclosed to Third Parties?
RFM DOES NOT AND WILL NOT SELL, RENT, OR LEASE PERSONAL INFORMATION. HOWEVER, PERSONAL INFORMATION IS PROCESSED BY SERVICE PROVIDERS WHO HAVE CONTRACTED WITH RFM TO FACILITATE THE PROVISION OF SERVICES THROUGH THE SITE AS FOLLOWS:
Shipping Information: Shipping Information: RFM utilizes service providers to access major shipping carriers, track packages and obtain shipping labels. Information may be shared with such service providers to process shipping requests. Shipping information will also be shared with our Product Partners to provide fulfillment services for all customer orders.
Social Plug-Ins: Users may share their RFM experiences on social media. Users may follow and share their experiences on Instagram, Facebook, Twitter, LinkedIn and Pinterest. Users should click on the hyperlinks to review the applicable privacy policies.
Other Potential Third Party Disclosures: Personal Information may be disclosed to third parties to serve our legitimate business interests as follows: (1) as required by law, such as to comply with a subpoena, or similar legal process, (2) if RFM is involved in a merger, acquisition, or sale of all or a portion of its assets, (3) to investigate, prevent, or take action regarding suspected or actual illegal activities or to assist government enforcement agencies; (4) enforce our agreements with you, and/or (5) investigate and defend ourselves against any third-party claims or allegations. We will use commercially reasonable efforts to notify you about law enforcement or court ordered requests for data unless otherwise prohibited by law.
- Compliance With The Children’s Online Privacy Protection Act and Other Privacy Regulations Relating to Minors
RFM does not knowingly collect Personal Information from anyone under the age of 18. If a parent or guardian becomes aware that his or her minor child as defined by applicable privacy laws has provided Personal Information without their consent, he or she should contact RFM at firstname.lastname@example.org.
RFM will delete such Personal Information from our files within a commercially reasonable time, but no later than required under applicable law.
- Retention of Personal Information Collected
Unless erasure is otherwise requested by a customer, RFM will retain account and purchase data as long as it is necessary to provide services our customers. When a customer’s account is terminated or closed upon request, Personal Data collected through the Site will be deleted in accordance with applicable law. Personal Information obtained from Site visitors will be maintained as long as it is necessary to provide requested communications and information-based services or until a visitor exercises the right to opt-out of requested communications or information-based services. Anonymized and pseudo-anonymized data will be retained as long as RFM determines such data is commercially necessary for its legitimate business interests.
- What Is the RFM Security Policy?
We have implemented reasonable administrative, technical, and physical security measures to protect Personal Information against unauthorized access, destruction, or alteration.
- Response To “Do Not Track” Signals
“Do Not Track” is a feature enabled on some browsers that sends a signal to request that a website disable its tracking or cross-Site user tracking. At present, the Site does not respond to or alter its practices when a Do Not Track signal is received.
- Contact Us
If you have any questions regarding your Personal Information or about our privacy practices, please contact us at: RoosterFish Marketing LLC, 100 Commons Road, Suite 7-106, Dripping Springs, Texas, 78620.