Terms and Conditions of Use

PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.

These Terms and Conditions of Use ("Terms of Use") constitute the contractual agreement between you and Jerry’s Flies regarding your use of our Site and any activities or transactions you may conduct through the Site. In these Terms of Use, the words "you" and "your" refer to any person accessing the Site, and the words "we," "us," and "our" refer to Jerry’s Flies.

By using our Site, you agree to these Terms and Conditions.

No Provision of Legal Advice

We have designed this Site to be a general information resource on fishing for fishing enthusiasts. Jerry’s Flies is not engaged in providing legal advice via this Web Site, and you should not view the information provided as a substitute for legal advice offered by a lawyer.

Ownership of Site Contents

Unless otherwise noted, all text, images, illustrations, designs, icons, photographs, video clips, sound clips, and other materials that are part of this Site (collectively, the "Contents"), are copyrighted works, trademarks, trade dress, or other intellectual properties owned, controlled, or licensed by Jerry’s Flies (or used in accordance with "fair use" principles). The Site as a whole is protected by copyright and trade dress, all worldwide right, title and interest in and to which are owned by Jerry’s Flies.

The phrase "Jerry’s Flies" and "JerrysFlies.com” are owned by Jerry’s Flies. Other trade names and trademarks present on the Site either are owned by Jerry’s Flies, appear with the permission of the owner of the trade name or trademark, or appear under principles of "fair use." Unless otherwise noted, by using a Third Party's trademark or trade name on this Site, Jerry’s Flies does not intend to suggest any affiliation with or endorsement of such Third Party or its products or services, and Jerry’s Flies hereby expressly disclaims any such affiliation or endorsement.

Downloading and Use of Site Contents

The Contents of our Site, and the Site as a whole, are intended strictly for use by the users of our Site for informational purposes and to enable users to purchase products sold on the Site (collectively, "Permitted Uses"). You may download and copy the Contents displayed on the Site solely for such Permitted Uses, and provided that you do not remove any copyright or other proprietary notices contained on the materials. No right, title, or interest in any downloaded materials or software is transferred to you as a result of any such down loading or copying. You may not reproduce (except as provided above), modify, publish, distribute, sell, or exploit in any way, in whole or in part, any of the Contents, the Site, or any related software. Use of the Content or any related software which is not expressly permitted by these Terms of Use constitutes a breach of these Terms of Use, and may also constitute a violation of copyright, trademark, and other law.

User Comments

All comments, feedback, postcards, suggestions, or ideas which you may choose to provide to us or post in connection with your use of this Site (collectively, "Comments") shall be the property of Jerry’s Flies. You agree that we may use or disclose Comments in any manner. Moreover we shall be free to use, without restriction and without compensation to you, any ideas, concepts, know-how, suggestions, or techniques contained in any Comments you send to the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services using such information.

Jerry’s Flies does not endorse, and specifically disclaims responsibility or liability for any user Comments. Jerry’s Flies has no obligation to respond to any Comments, and we reserve the right, but undertake no duty, to review, edit, move, or delete, in our sole discretion and without notice, any material posted by users on online chats or bulletin boards which we may include on the Site. You agree that, in submitting Comments to any online chats or bulletin boards which we may include on the Site, you will only submit Comments that are reasonably related to the subject matter of the online discussion.

Prohibited Uses

In addition to other prohibited uses specified in these Terms of Use, you are expressly prohibited from using our Site to post or transmit any advertising, "spam," threatening, defamatory, obscene, scandalous, or inflammatory material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Jerry’s Flies disclaims all responsibility or liability arising from the content of any such postings, and assumes no responsibility for any error, omission, defamation, falsehood, obscenity, or threat contained in any information posted on the Site or transmitted through the Site. Jerry’s Flies will comply with court orders directing Jerry’s Flies to disclose the identity of users posting such information or materials, or otherwise directing compliance by Jerry’s Flies.

You agree to refrain undertake any activity that imposes an unreasonable or disproportionate load on the Site. In addition, you may not use any hardware, software, or routines, including but not limited to any viruses, "bots," or other devices intended to interrupt or harm the workings of the Site, and agree to refrain from any attempt to intercept, access or monitor any system, data, or information on or in transit to or from the Site.

Complaints of Perceived Infringement

Jerry’s Flies respects intellectual property rights. Jerry’s Flies will use commercially reasonable efforts to accommodate generally accepted technical measures used by copyright owners to identify and protect their copyrighted works, as long as these technical measures do not impose substantial costs on us, or impose a substantial burden on our hardware, software, or administrative systems.

If you believe that materials posted on our Web Site infringe rights you enjoy under copyright law in specific materials (collectively, a "Work"), we request that you follow the procedure described below to notify us of your concerns or objections. In turn, we agree to respond to your notice, as outlined below, and remove, or disable access to material that you believe infringes your Work.

Jerry’s Flies Designated Agent

If you believe materials posted on our site infringe the copyright in your Work, you must direct your concerns to our agent, designated under the Digital Millennium Copyright Act (17 U.S.C. §512) to respond to such concerns (our "Designated Agent"):

E-mail: customerservice@JerrysFlies.com
Jerry’s Flies
7 Wakefield Street
Bridgeport, WV. 26330

Content of Notice

You should notify our Designated Agent of your concerns as follows:

1 - Place your concerns in writing, and sign the document.
2 - Identify the Work, which you believe is being infringed.
3 - Identify the material on our site which you believe infringes your Work.
4 - Identify this material in a sufficient manner to permit us to locate the material without undue searching.
5 - Provide in your notice sufficient information for us to contact you, including an address, telephone number, and, if available,
an e-mail address.
To qualify for protection under this Section, you must in good faith believe the challenged use is unauthorized, and all statements in your notice must be accurate, and signed under penalty of perjury.

Our Response - Counter Notifications

Upon receipt of a proper notice in the form specified above (a "Notice"), we will remove or disable access to the materials on our site which you assert infringe your Work. We will also take steps to promptly notify the person or persons responsible for the allegedly infringing materials (the "Respondent") that we have removed or disabled access to the materials. Under the Digital Millennium Copyright Act, the Respondent is provided an opportunity to dispute your claim that his or her materials infringe your Work. By law, the Respondent may provide us with a "counter-notification." Upon receipt of a proper counter- notification, we will act as provided in the Digital Millennium Copyright Act.

Links to Other Web Sites and Services

Jerry’s Flies does not control the availability or content of any outside web sites, services, or resources to which this Site may link. Concerns regarding any such service, resource, or link should be directed to the particular outside service or resource. Jerry’s Flies does not necessarily endorse, sanction, or verify sites to which our Site links and we provide these links merely for our users' convenience. Access to other sites linked to this Web Site is at your own risk, and we disclaim all liability with regard to your access to such linked web sites.

In addition, we do not necessarily endorse, sanction, or verify sites that link to this Site, even if the logo or mark of Jerry’s Flies is used as part of the link to this Site.

Disclaimer of Warranties

While we use reasonable efforts to include and to pass on to others associated with this Site accurate and up-to-date information, we make no warranties or representations as to such information. NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, OMISSIONS, OR INACCURACIES IN THE CONTENT ON THE SITE OR INFORMATION FLOWING THROUGH THE SITE by Jerry’ Flies.

You acknowledge that documents posted to and Content available at the Site may contain computer viruses. Should you download any such materials from the Site, IT IS YOUR RESPONSIBILITY TO PERFORM ANY SCANNING OR OTHER ANTI-VIRUS PRECAUTIONS AS YOU DEEM NECESSARY. UNDER NO CIRCUMSTANCES WILL WE BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED BY ANY MATERIALS DOWNLOADED FROM THE SITE.

THIS SITE AND ALL CONTENTS OF THE SITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE, ACCURACY, COMPLETENESS, CURRENCY, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK, AND AGREE TO VERIFY ANY INFORMATION BEFORE RELYING UPON IT. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SITE.

Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusion may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties.

Limitation of Liability

NEITHER Jerry’s Flies NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO, OR USE OF, THE SITE. IN ADDITION, WE SHALL HAVE NO LIABILITY FOR:

ANY LOSS OR FAILURE TO PERFORM OUR OBLIGATIONS DUE TO ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR CIRCUMSTANCES BEYOND OUR REASONABLE CONTROL ANY ERRORS, OMISSIONS, INACCURACIES, DELAYS OR INTERRUPTIONS IN RESPECT OF THE CONTENT OR OUR SERVICES; OR ANY DECISION MADE OR ACTION TAKEN OR NOT TAKEN IN RELIANCE UPON THE SITE CONTENT OR OUR SERVICES.
Choice of Law and Jurisdiction

This Site is controlled and operated by Jerry’s Flies from its location in Bridgeport, WV. These Terms of Use, the Terms of Sale and our Privacy Policy shall be construed in accordance with the laws of the State of West Virginia, without regard to any conflict of law provisions. Any dispute arising under this Agreement shall be resolved exclusively by the state or federal courts sitting in the county or judicial district which includes Bridgeport, West Virginia.

Jerry’s Flies makes no representation that the information in the Web Site is appropriate or available for use in locations outside the United States, and access to this Web Site from locations where the provision of such information may be illegal is prohibited. Users who determine to access this Web Site from such locations do so at their own initiative and are responsible for compliance with all applicable local laws.

Modifications

We may make improvements or other changes to the web Site or to the information and services offered at the Site, without notice to you. We may add, delete, move, or modify some or all the Site at any time. We may make such changes for any reason, including, without limitation, changes to due to the circumstance (a) that an agreement with a Third Party cannot be maintained on terms reasonably acceptable to us; or (b) that the Site or its components become illegal or contrary to law or relevant regulation.

In addition, we may from time to time change these Terms of Use governing your use of our Site. We will post these changes here, in our Terms of Use. Your use of our Site following any such change constitutes your agreement to follow and be bound by the Terms of Use, as changed.

Assignment

Jerry's Flies may wish at some point to assign or transfer its rights in this Web Site to a Third Party. You agree that Jerry's Flies may transfer or assign to a Third Party all of its rights and obligations with respect to you, including any rights and obligations with respect to your Personal Information.

Indemnities

You agree to indemnify Jerry's Flies and its officers, directors, employees, agents, licensors, and suppliers against any loss, damage, costs or expenses arising out of or in connection with any claim by a Third Party against us as a result of any breach by you of these Terms of Use, including any misuse of the Content, or services.

Access Privileges

Jerry's Flies may discontinue, change, or restrict your use of this Web Site for any reason without notice. Moreover, we reserve the sole and absolute discretion and right to deny, revoke, or otherwise restrict the access privileges of any user that at any time fails to comply with these Terms of Use, including the right to block access from a particular Internet address to the Web Site.

Severability

If any provision of these Terms of Use or Terms of Sale is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, or Terms of Sale which shall remain in full force and effect. No waiver of any provision of these Terms of Use, Terms of Sale or the Privacy Policy shall be deemed a further or continuing waiver of such provision.

Complete Agreement

These Terms and Conditions constitute the entire agreement between you and Jerry’s Flies with respect to use of the Jerry’s Flies Site.

You’re Consent

By using our Web Site, you agree to comply with, and be bound by these Terms of Use. If you do not agree with some, or all of these Terms of Use, please refrain from visiting our Site.

Payment Policies

Jerry’s Flies - normal policy is do all our business via credit cards. But we have some alternatives for certain occasions that are not the norm as per our credit department:

1 - Will except company check pro forma (which means that company or business will needs to send company check then when check clears the bank for payment the merchandise will promptly be shipped.

2 - Bank cashier check with COD orders

3 - Postal money order with COD orders

4 – Send check then when clears bank will ship merchandise.

Then after first order - with consideration – the business must supply Jerry’s Flies - 3 activity trade references with addresses and phone numbers and account numbers along with current bank reference that can be verified then our credit department may give approval to a business account.

How to Contact Us

We are always happy to listen to your comments, and answer your questions. You can contact us for any reason by email, telephone, or mail, as follows:

EMAIL:
customerservice@jerrysflies.com

TELEPHONE:
(304) 842-2786

ADDRESS:
Jerry’s Flies
7 Wakefield Street
West Virginia, 26330

Return / Refund Policy

Jerry require customer to contact company direct of any complaint or request to return merchandise. All merchandise returned for workmanship will be replace at the discretion of the company. Approval must be obtained before returning any and all items and a return authorization number must be given for items being returned and marked plainly on the outside of the carton.

Privacy Policy

Jerry's Flies will not share, sell or trade you customer contact or personal information to any third party.