Menu
Cart

Terms of Use

    The FisherGirl.com website ("FisherGirl.com") is owned and operated by FisherGirl Inc. All references to "FisherGirl Inc." contained in FisherGirl.com include the parent, subsidiaries and affiliates of FisherGirl Inc.

    All pages contained in FisherGirl.com are Copyright 2004 FisherGirl Inc. Review our Copyright notice for further details.

    By accessing the current or any future version of FisherGirl.com or any other FisherGirl Inc. website, you agree to be legally bound by all the terms and conditions contained within this "terms of use" link and within the "other legal notices" link found under the Notice section of FisherGirl.com and any documents referenced herein or therein (collectively, the "Agreement"), as well as to any additional law or regulation that applies to FisherGirl.com, the Internet, and/or the World Wide Web. Please check the terms of the Agreement occasionally for changes as FisherGirl Inc. may post changes and revisions to these terms of use periodically. Your continued use of the FisherGirl.com website following the posting of changes or revisions to these terms of service will mean you accept those changes.

    Carefully read the following terms and conditions which constitute the Agreement before using FisherGirl.com. If you do not agree to the terms and conditions set forth below, immediately leave FisherGirl.com.

        You acknowledge and agree to be bound by the terms and conditions set forth within the Trademarks link listed to the left.

        You acknowledge and agree to be bound by the terms and conditions set forth within the Copyright link listed to the left.

        You agree to acknowledge and be bound by our Copyright Notice listed in the Copyright link listed to the left.

        You agree that you are at a minimum 18 years old, or you are at least the minimum legal age to enter into a contract in the jurisdiction in which you are viewing the website.

        You agree to comply with all applicable law in connection with your use of FisherGirl.com and such further limitations as may be set forth in any notices from FisherGirl Inc. that are shown on-screen during your FisherGirl.com user experience or that are otherwise provided to you.

        You agree to pay all charges incurred by users of your credit card, debit card or other payment method used in connection with a purchase or other transaction within FisherGirl.com at the prices in effect when such charges are incurred. You will pay all applicable taxes, if any, relating to any such purchases or other transactions.

        You agree not to violate or attempt to violate the security of FisherGirl.com, including, without limitation, taking actions such as:

        a) attempting to interfere with service to any user, host, or network, including, without limitation, by way of submitting a virus to or overloading, "flooding," or committing a "Denial of Service Attack";
        b) sending unsolicited email, including falsifying TCP/IP packet header or any part of the header information in any email or  posting;
        c) illegally hacking into a computing system in search of data not intended for you or illegally hacking into a server or account that you are not authorized to access;
        d) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization.

        You agree to indemnify and hold harmless FisherGirl Inc. and its affiliates, successors and assigns, and its and their directors, officers, employees, agents, or other partners from and against any and all allegations, claims, demands, proceedings (whether threatened or pending), orders, damages, losses, liabilities, costs and expenses, including reasonable attorney's fees and other legal expenses, and judgments of any kind of nature, incurred by FisherGirl Inc. arising out of or relating to your use of FisherGirl.com or your violation of this Agreement.

        You, as a user of FisherGirl.com, agree that no joint venture, partnership, employment, or agency relationship exists between you and FisherGirl Inc. as a result of this Agreement or your use of FisherGirl.com.

    As a condition of your use of FisherGirl.com, you warrant that you will not use FisherGirl.com for any purpose that is unlawful or prohibited by this Agreement. All information that you provide in connection with a purchase or other transaction within FisherGirl.com will be accurate, complete and current. Any information you provide is protected under our Privacy Policy.

    The invalidity or unenforceability of any provision of this Agreement will not affect the validity of enforceability of any other term or condition.

    This Agreement (as it may be amended in the sole discretion of FisherGirl Inc. from time to time) is the entire and final Agreement regarding FisherGirl.com and its content, and supersedes any prior communications between FisherGirl Inc. and you regarding FisherGirl.com and its contents.

    This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the Province of Ontario and where applicable, the laws of Canada. By accessing FisherGirl.com, you agree to submit to the non-exclusive jurisdiction and venue of the courts of the Province of Ontario and are responsible for complying with local laws. This agreement to application of laws will apply regardless of principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the Province of Ontario. This Agreement will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

    Any dispute relating in any way to your visit to FisherGirl.com or to products you purchase through FisherGirl or any of its affiliates shall be submitted to confidential arbitration in Toronto, Canada, except that, to the extent you have in any manner violated or threatened to violate FisherGirl's intellectual property rights, FisherGirl may seek injunctive or other appropriate relief in any provincial or federal court in the Province of Ontario and where applicable Canada and you consent to the exclusive jurisdiction and venue in such courts. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. Any arbitration shall be conducted in accordance with the Arbitration Act of Ontario as modified from time to time or such successor legislation. A proceeding shall be commenced by notice as provided in such Act, naming an arbitrator. If the other party(ies) do not reply or agree on such arbitrator so named or on another arbitrator within 14 days of such notice then either party may apply to the courts of Ontario for the appointment of an arbitrator. Please print a copy of this Agreement for your records.

Trademarks:

    The FisherGirl.com website ("FisherGirl.com") is owned and operated by FisherGirl Inc. All references to "FisherGirl Inc." contained in FisherGirl.com include the parent, subsidiaries and affiliates of FisherGirl Inc.

    All pages contained in FisherGirl.com are Copyright 2004 FisherGirl Inc. Review our Copyright notice in the following section for further details.

    All trademarks, logos, service marks and trade names of FisherGirl Inc. displayed within FisherGirl.com (including but not limited to "Mermaid", "Foxy", "Tadpole", "Minnow", "Pearl", "Cast for a Cure", "FlyGirl", "FisherChicks", "FisherGal", and other names, marks and logos identifying the products and services of FisherGirl Inc.) are registered or unregistered trademarks (the "Trademarks") of FisherGirl Inc. or other third parties to the full extent provided under the laws of Canada and International Trademark laws. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.

    Nothing contained in FisherGirl.com should be construed as granting any license or right to use any trademark displayed within FisherGirl.com. You may not use, copy, reproduce, republish, upload, post, transmit, distribute, or modify any of the Trademarks in any way, including, without limitation, in advertising, marketing or publicity without the prior written consent of FisherGirl Inc. or other owner of the applicable Trademark. Written consent of FisherGirl Inc. can be requested at the address listed below.

    The use of any of the Trademarks on any other website or network computer environment is not allowed. The resale of FisherGirl Inc. products and goods on any other website is not allowed without the express written consent of FisherGirl Inc. and is subject to an agreement between the two parties. Written consent can be requested at the address listed below.

    You may not use any of the Trademarks as web links on or to any other website without FisherGirl Inc.'s prior written consent.

    If there are any trademarks used within FisherGirl.com that are not duly noted as trademarks of FisherGirl Inc. or as trademarks permitted to be used by FisherGirl Inc., please notify FisherGirl at the following address so that the omission may be corrected: FisherGirl Inc Attention: Legal Counsel, 539 Woodward Avenue Milton, Ontario Canada L9T 3B9

Copyright:

    The FisherGirl.com website ("FisherGirl.com") is owned and operated by FisherGirl Inc. All references to "FisherGirl Inc." contained in FisherGirl.com include the parent, subsidiaries and affiliates of FisherGirl Inc.

    All pages contained in FisherGirl.com are Copyright 2004 FisherGirl Inc. and the information contained herein is for your personal, non-commercial use only.

    All of the content featured or displayed within FisherGirl.com, including, but not limited to graphics, text, images, photographs, movie files, sound files, illustrations and software (referred to as "Content"), is owned by FisherGirl Inc., its licensors and/or its content providers. Copyright rights extend also to the selection, coordination, and arrangement of such Content past, present, and future.

    All persons accessing FisherGirl.com must abide by all copyright notices, information and restrictions contained in the Content. Except as otherwise specifically permitted herein, you shall not broadcast, duplicate, reproduce, edit, copy, modify, manipulate, rent, publish, sell, publicly perform, display, distribute, transmit, or circulate to any person or other legal entity, the Content or any portion of the Content or use the Content or any portion of the Content for any commercial or promotional purposes without the express written consent of FisherGirl Inc.

    By accessing FisherGirl.com, you accept that there is no stated or implied license that confers on you any privilege under any copyright laws to use, publish or distribute in any way any of the Content displayed within FisherGirl.com. The use of any such material on any other website or other networked computer environment is prohibited.

    You are responsible for obtaining permission before reusing, reproducing, duplicating, re-engineering or in any way distributing any copyrighted material that is available on FisherGirl.com. Permission can be requested by contacting: FisherGirl Inc. Attention: Legal Counsel, 539 Woodward Avenue Milton, Ontario Canada L9T 3B9

All copyright is protected to the full extent as provide by the laws of Canada and International Copyright laws.

Copyright infringement:

    FisherGirl Inc. respects the intellectual property of others. If you believe that your work has been copied and is accessible on FisherGirl.com in a way that constitutes copyright infringement, please provide FisherGirl Inc. notice of the copyright infringement by submitting:

a) a statement identifying the allegedly infringing content on FisherGirl.com that is being requested to be removed;
b) contact information such as your name, address, email address, and a daytime telephone number where you can be reached;
c) a statement that the information in your statement above is accurate and, under penalty of perjury, that the author/signatory of the statement is authorized to act on behalf of the copyright owner if there is an infringement of copyrighted material; and
d) an electronic or physical signature of the copyright owner or someone authorized on the owner's behalf to assert infringement of copyright, to FisherGirl Inc. at the following address: FisherGirl Inc. Attention: Legal Counsel, 539 Woodward Avenue Milton, Ontario Canada L9T 3B9

Other legal Notices:

Limited License

    The FisherGirl.com website ("FisherGirl.com") is owned and operated by FisherGirl Inc. All references to "FisherGirl Inc." contained in the Web Site include the parent, subsidiaries and affiliates of FisherGirl Inc.

All prices quoted herein are in Canadian dollars unless otherwise stated.

    All pages contained within FisherGirl.com are Copyright 2004 FisherGirl Inc. and the information contained herein is for your personal, non-commercial use only.

    FisherGirl Inc. grants you a limited license to access and make personal use of the FisherGirl.com website. This limited license does not include any resale, marketing, advertising or commercial use of the FisherGirl.com or its contents, any collection and use of any product graphics, product descriptions, or prices listings or any other derivative use of FisherGirl.com's contents.

    Other than automatic web browser page caching which is a function of the web browser software, the expressed downloading of FisherGirl.com content permanently or using and modifying it without the express written consent of FisherGirl Inc. is strictly prohibited. For greater certainty, any downloading or copying of account information for the benefit of another merchant or any use of data mining, robots, spiders or similar automated software data gathering and extraction tools for the purpose of copyright infringing activities is strictly prohibited.

Review our Copyright notice above for further information.

Linking to FisherGirl.com

    You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of FisherGirl.com so long as the link does not portray FisherGirl.com or FisherGirl Inc. or its products or services in a false, misleading, derogatory, pornographic, illegal, immoral or otherwise offensive manner.

    You may not use any FisherGirl Inc. logo or other proprietary graphic or trademark as part of the link without the express written permission of FisherGirl Inc.

    Other than the home page of the FisherGirl.com, you may not make any other part of FisherGirl.com available as part of another service by "deep linking," or otherwise, without prior written permission from FisherGirl Inc.

    You may not use meta tags or any other hidden text using FisherGirl Inc.'s name or trademarks without the express written consent of FisherGirl Inc.

    You may not frame or use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of FisherGirl Inc. or our affiliates without express written consent of FisherGirl Inc. Permission can be requested by contacting- FisherGirl Inc., Attention: Legal Counsel, 539 Woodward Avenue Milton, Ontario Canada L9T 3B9

    Any unauthorized use of all or any portion of FisherGirl.com by a visitor accessing FisherGirl.com (a "Violating Party") that is contrary to this Legal Notices section, the Terms of Use section or the Trademarks and Copyrights sections of FisherGirl.com immediately terminates any permission or license granted by FisherGirl Inc herein.

FisherGirl Inc. reserve their rights under all applicable legal jurisdictions to pursue legal proceedings against any Violating Party.

Discontinuation

    FisherGirl Inc. may discontinue FisherGirl.com at any time and for any reason without notice to you. FisherGirl Inc. may change the contents, operation or any and all other features of FisherGirl.com at any time for any reason without notice. FisherGirl Inc. may discontinue or restrict your use of FisherGirl.com at any time for any reason without notice.

Privacy

    You should review our privacy policy which will also govern your visit to this site in order to understand our privacy practices. The terms and conditions of our privacy policy are incorporated herein and are made a part of this Agreement.

Disclaimer of warranties and limitations on liability

    All products purchased from the Site are transported and delivered to you by an independent carrier not affiliated with or controlled by FisherGirl. Title to the products purchased on the Site, as well as, the risk of loss for such products, passes to you when FisherGirl delivers these items to the carrier.

FisherGirl cannot guarantee that your computer monitor will accurately display the colour of any products displayed on the Site.

THIS SITE IS PROVIDED BY FisherGirl INC. ON AN "AS IS, WHERE IS" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FisherGirl INC. MAKES NO REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THIS WEBSITE , ITS OPERATION, CONTENTS OR SERVICES PROVIDED, INCLUDING, WITHOUT LIMITATION, THIRD PARTY CONTENT OR LINKED SERVICES PROVIDED ON THE SITE AND WARRANTIES OF TITLE OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. FisherGirl INC FURTHER DISCLAIMS ALL WARRANTIES AND MAKES NO REPRESENTATIONS AS TO THE ACCURACY, CURRENCY OR COMPLETENESS OF THE INFORMATION ABOUT PRODUCTS OR OTHER CONTENT PROVIDED THROUGH FisherGirl.com OR THE AVAILABILITY OF THE WEBSITE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE CONTENT ON THE WEBSITE IS FREE OF VIRUSES, ERRORS, OMISSIONS, INTERRUPTION, DELAYS, TYPOGRAPHICAL ERRORS OR OTHER POTENTIALLY DAMAGING FACTORS. FisherGirl.com MAY INCLUDE LINKS TO OTHER THIRD PARTY WEBSITES OVER WHICH FisherGirl INC. HAS NO CONTROL. FisherGirl INC. PROVIDES NO REPRESENTATION OR ENDORSEMENT WITH RESPECT TO THE SERVICES, PRODUCTS OR CONTENT PROVIDED ON SUCH THIRD PARTY WEBSITES. YOU ACKNOWLEDGE THROUGH YOUR USE OF FisherGirl.com THAT YOUR USE OF FisherGirl.com IS AT YOUR SOLE RISK AND THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS YOU INCUR AS A RESULT OF USING FisherGirl.com, INCLUDING COSTS ASSOCIATED WITH REPAIRS OF EQUIPMENT AND/OR LOSS OF DATA IN CONNECTION WITH YOUR USE OF FisherGirl.com. YOU FURTHER ACKNOWLEDGE THAT IN NO EVENT WILL FisherGirl INC. OR ANY OF ITS RESPECTIVE DIRECTORS, EMPLOYEES OR OTHER REPRESENTATIVES OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR SPECIAL IN RELATION TO THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES OF ANY TYPE OR NATURE ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE FisherGirl.com OR ANY LINKED SITES OR SERVICES OR FOR ANY REASON OR MATTER ARISING FROM THE TERMS OF USE HEREIN. SUCH LIMITATION OF DAMAGES APPLIES TO ANY ACTION IN CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER THEORY. ANY INFORMATION ON THIS SITE, INCLUDING PRICE AND AVAILABILITY INFORMATION, IS SUBJECT TO CHANGE WITHOUT NOTICE, AND WE DISCLAIM ALL RESPONSIBILITY FOR THESE CHANGES. FisherGirl INC. RESERVES THE RIGHT TO LIMIT QUANTITIES. ALL RIGHTS NOT EXPRESSLY GRANTED HEREIN BY FisherGirl INC. ARE HEREBY RESERVED.