Terms of Use

The website www.cheekyfishing.com (the “Site”) is brought to you by North Point Brands, LLC (f/k/a Cheeky Fly Fishing, LLC) (“Cheeky,” “we,” “us,” or “our”).   

YOUR ACCEPTANCE OF THESE TERMS OF USE. PLEASE READ THESE TERMS AND CONDITIONS OF USE (the “TERMS OF USE”) CAREFULLY BEFORE USING THE SITE AS THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN YOU AND CHEEKY.  These Terms of Use set forth the terms and conditions which govern your use of the Site, the Website Content (as defined below), and certain features made available through the Site.  BY BROWSING, ACCESSING OR OTHERWISE USING THE SITE IN ANY MANNER, YOU HEREBY AGREE (1) YOU ARE AT LEAST 13 YEARS OLD, (2) YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE AND THE PRIVACY POLICY, AND (3) YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS OF USE AND THE PRIVACY POLICY IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, PLEASE DO NOT USE THE SITE AND EXIT NOW.

IF YOU ARE BETWEEN 13 AND 18 YEARS OLD, YOU MUST REVIEW THESE TERMS OF USE WITH YOUR PARENT OR GUARDIAN AND OBTAIN HER OR HIS CONSENT FOR YOU TO USE OUR SITE OR TO SEND US YOUR CUSTOMER CONTENT (AS DEFINED BELOW). BY BROWSING, ACCESSING OR OTHERWISE USING THE SITE IN ANY MANNER, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 13 YEARS OF AGE AND HAVE OBTAINED YOUR PARENT’S OR GUARDIAN’S CONSENT TO USE OUR SITE OR TO SEND US YOUR CUSTOMER CONTENT. 

UPDATES & REVISIONS TO THE TERMS OF USE. PLEASE REVIEW THE TERMS OF USE PERIODICALLY.  We reserve the right, in our sole discretion, to update or revise these Terms of Use at any time.  In the event of any such update or revision, we will change the "Last Updated" date above.  Such updates or revisions shall become effective immediately upon the posting thereof.  YOUR CONTINUED USE OF THE SITE FOLLOWING THE POSTING OF UPDATES AND/OR REVISIONS TO THE TERMS OF USE WILL CONSTITUTE YOUR ACCEPTANCE OF SUCH UPDATE AND/OR REVISED TERMS OF USE.  The most current version of the Terms of Use can be accessed at any time by selecting the Terms of Use link in the footer of our home page.

1. CONTENT MADE AVAILABLE ON OR THROUGH THE SITE AND YOUR USE OF WEBSITE CONTENT.

a) Description of Website Content. The Site contains a wide variety of Website Content (defined below), whether (1) proprietary to Cheeky, or (2) proprietary to third parties. “Website Content” includes, but is not limited to text, data, files, documents, software, scripts, layout, design, function and “look and feel,” graphics, images, logos, slogans, taglines, audio, videos, audiovisual combinations, interactive features and any other materials that you may view, access or download (but only as expressly permitted by the “Accessing and Downloading Website Content” section below) through the Site.  The Website Content contained on the Site has been included for general informational purposes only.   

b) Our Proprietary Rights. You acknowledge and agree that all Website Content, whether publicly posted or privately transmitted, as well as all derivative works thereof, are owned by Cheeky or other parties that have licensed or otherwise granted use rights to their material to Cheeky, and are protected by copyright, trademark and other intellectual property laws. Except as approved by Cheeky in writing in advance, Website Content may not be copied, reproduced, republished, uploaded, posted, transmitted or distributed for your commercial or business purposes, including by e-mail or other electronic means, without the prior consent of Cheeky or such third-party that owns the Website Content.  All rights not expressly granted herein by Cheeky and/or its licensors to you are reserved by Cheeky and/or its licensors.

c) Accessing and Downloading Website Content. You download information from Cheeky at your own risk.  Cheeky does not warrant that the Site or materials available therefrom are compatible with your equipment or that any such information is free from invasive or corruptive files or Harmful Code (as defined below).  Cheeky will not be liable or have any responsibility of any kind for any loss or damage that you incur as a result of (i) use of the Site or the Website Content, including any errors, inaccuracies or omissions in such information, material or data, (ii) any harmful features arising from the Site or the Website Content, (iii) the act or omission of any other party involved in making the Site or the Website Content available to you, or (iv) from any other cause relating to your access to, inability to access, or use of the Site or the Website Content, whether or not the circumstances giving rise to such cause may have been within the control of Cheeky or third parties.  

d) Restrictions on Your Use of Website Content. You may access and use Website Content solely for your information and personal, non-commercial use, as intended through the functionality of the Site and permitted under these Terms of Use. Any modification of the Website Content, use of the Website Content on any website or networked computer environment, or use of the Website Content for any purpose other than personal, non-commercial use, without the prior consent of Cheeky or its licensors, as applicable, is a violation of the copyright, trademark and other proprietary rights in the Website Content and is expressly prohibited.  You agree not to circumvent, disable or otherwise interfere with security-related features of the Site that prevent or restrict the use or copying of any Website Content and not to alter, remove or falsify any attributions or other proprietary designations of origin or source of any Website Content appearing on the Site.   

e) Website Content Disclaimer. Website Content is provided to you AS IS.  You understand that we do not guarantee the accuracy, safety, integrity, quality or age-appropriateness of Website Content and you hereby agree that you must evaluate and bear all risks associated with the use of any Website Content, including any reliance on the Website Content or the integrity and accuracy of such Website Content.  Nothing on OUR site should be deemed to constitute A recommendation to purchase, sell or hold, OR OTHERWISE TO CONSTITUTE ADVICE REGARDING, any registered or unregistered security.

2. RESTRICTIONS ON YOUR USE OF THE SITE. You shall not access or use the Site or any features on the Site in an unlawful way or for an unlawful or illegitimate purpose. You agree not to (a) upload or transmit any communication or content of any type that infringes or violates any rights of any party, (b) use, modify, sell, assign or transfer the Website Content or reproduce, display, publicly perform, distribute, post, transmit or otherwise use the Site or any Website Content in any way for any public or commercial purpose, (c) reverse engineer, disassemble or decompile any software included on the Site and/or related to Website Content, (d) use the Site for any purpose in violation of local, state, national or international laws, (e) use the Site as a means to distribute or post advertising or other unsolicited material to any third party, (f) impersonate any person or entity or falsely represent your identification or affiliation, (g) harvest or otherwise collect information about others, (h) post or transmit via the Site information that is unlawful, libelous, defamatory, obscene, fraudulent, predatory of minors, harassing, threatening or hateful to any person, (i) interfere with the operation of the Site, including without limitation, through the use of methods such as denial of service attacks, flooding, or spamming, and you will not transmit, distribute, introduce or otherwise make available in any manner through the Site any computer virus, keyloggers, spyware, worms, Trojan horses, time bombs or other malicious or harmful code (collectively, “Harmful Code”), or (j) copy or distribute in any medium any part of the Site, use the Site in any manner that could damage, disable or impair our services or networks, attempt to gain unauthorized access to any computer systems or networks, through hacking, password mining or any other means, or use any robot, scraper or other means to access the Site.

3. COPYRIGHTS, TRADEMARKS/SERVICE MARKS, LOGOS, SLOGANS AND TAGLINES. All copyrights, trademarks, service marks, logos, slogans and taglines displayed on or through the Site are the property of Cheeky or their respective owners and nothing contained herein should be construed as granting any license or right to use any copyrights, trademarks, service marks, logos, slogans or taglines displayed on or through the Site without the express written permission of Cheeky, or such third-party that may own the copyright, trademark, service mark, logo, slogan or tagline.

4. ACCESS TO THE SITE. You understand that the Site is provided as a courtesy to you and that we may modify, suspend or terminate all or a portion of the Site at any time in our discretion without prior notice to you. We reserve the right, in our sole discretion, to revoke, terminate or suspend any privileges associated with accessing the Site for any reason or for no reason whatsoever, including improper use of the Site or failure to comply with these Terms of Use, and to take any other action we deem appropriate.  You agree that Cheeky shall not be liable to you or any third party for any termination of your access to the Site.

5. CUSTOMER CONTENT. You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, product reviews, blog submissions, audio or visual media (including photographic images and videos) that you send to us, and other information provided by you to Cheeky (collectively, “Customer Content”) are not confidential and you hereby grant to Cheeky a worldwide, perpetual, irrevocable, royalty-free license to reproduce, display, perform, distribute, publish, modify, edit or otherwise use such Customer Content as it deems appropriate, for any and all commercial or non-commercial purposes, in its sole discretion.

6. LINKS TO OTHER SITES. Our Site contains links to other websites. The fact that we link to a website is not an endorsement, authorization or representation of our affiliation with that third party.  We do not exercise control over third party websites.  These other websites may place their own cookies or other files on your computer, collect data or solicit personal information from you. Other sites follow different rules regarding the use or disclosure of the personal information you submit to them.  We encourage you to read the privacy policies or statements of the other websites you visit.  Please be aware that the terms of our Privacy Policy do not apply to these third party websites.

7. YOUR ABILITY TO ACCEPT THESE TERMS OF USE. You affirm that you are more than 18 years of age and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use. If you are between 13 and 18 years of age, you affirm that you have obtained your parent’s or guardian’s consent to use our Site or to send us your Customer Content and that you agree to abide by and comply with these Terms of Use.

8. DISCLAIMER OF WARRANTY. ACCESS TO THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. CHEEKY DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE SITE OR THE WEBSITE CONTENT AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHEEKY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT, WITH RESPECT TO ANY INFORMATION OBTAINED THROUGH THE SITE. WITHOUT LIMITING THE FOREGOING, CHEEKY DOES NOT WARRANT THAT ACCESS TO THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED; NOR DOES CHEEKY MAKE ANY REPRESENTATIONS ABOUT THE ACCURACY, RELIABILITY, CURRENCY, QUALITY, COMPLETENESS, USEFULNESS, PERFORMANCE, SECURITY, LEGALITY OR SUITABILITY OF THE SITE OR ANY OF THE INFORMATION CONTAINED THEREIN.  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND YOUR RELIANCE UPON ANY WEBSITE CONTENT IS AT YOUR SOLE RISK.  YOU SHALL BE SOLELY AND FULLY RESPONSIBLE FOR ANY DAMAGE TO ANY COMPUTER SYSTEM, ANY LOSS OF DATA, OR ANY IMPROPER USE OR IMPROPER DISCLOSURE OF INFORMATION CAUSED BY YOU.  CHEEKY CANNOT AND DOES NOT ASSUME ANY RESPONSIBILITY FOR ANY LOSS, DAMAGES OR LIABILITIES ARISING FROM THE FAILURE OF ANY TELECOMMUNICATIONS INFRASTRUCTURE, OR THE INTERNET OR FOR YOUR MISUSE OF ANY OF THE IDEAS OR INFORMATION ACCESSED THROUGH THE SITE.

9. LIMITATION OF LIABILITY. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR ANY WEBSITE CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE. UNDER NO CIRCUMSTANCES SHALL CHEEKY OR ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE IN ANY WAY FOR YOUR USE OF THE SITE OR ANY WEBSITE CONTENT INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY WEBSITE CONTENT, ANY INFRINGEMENT BY ANY WEBSITE CONTENT OF THE INTELLECTUAL PROPERTY RIGHTS OR OTHER RIGHTS OF THIRD PARTIES, OR FOR ANY LOSSES OR DAMAGES OF ANY KIND ARISING DIRECTLY OR INDIRECTLY OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THE SITE OR THE MATERIALS OR INFORMATION CONTAINED ON THE SITE.  UNDER NO CIRCUMSTANCES SHALL CHEEKY, ITS LICENSORS, LICENSEES, SUPPLIERS OR PROVIDERS BE LIABLE FOR ANY PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL, INDIRECT OR SPECIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY PERSONAL INJURY, LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA ON YOUR COMPUTER OR OTHERWISE) ARISING FROM OR IN CONNECTION WITH YOUR USE OF THE SITE OR WEBSITE CONTENT, WHETHER UNDER A THEORY OF BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY, MALPRACTICE OR OTHERWISE, EVEN IF WE OR THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  YOU HEREBY RELEASE CHEEKY AND HOLD CHEEKY AND ITS LICENSORS, LICENSEES, SUPPLIERS AND PROVIDERS HARMLESS FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE (INCLUDING, WITHOUT LIMITATION, ACTUAL, SPECIAL, INCIDENTAL AND CONSEQUENTIAL), KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SITE OR WEBSITE CONTENT.  YOU WAIVE THE PROVISIONS OF ANY STATE OR LOCAL LAW LIMITING OR PROHIBITING A GENERAL RELEASE.

10. INDEMNIFICATION. Without limiting the generality or effect of other provisions of these Terms of Use, as a condition of use, you agree to indemnify, hold harmless and defend Cheeky and its subsidiaries, affiliates, licensors, licensees, suppliers and providers and their officers, directors, affiliates, subcontractors, agents and employees, lenders, licensors and suppliers and their parents, subsidiaries, affiliates, suppliers and their officers, directors, affiliates, subcontractors, agents and employees (collectively, “Indemnified Parties” and each, individually, an “Indemnified Party”) against all costs, expenses, liabilities and damages (including reasonable attorney’s fees) incurred by any Indemnified Party in connection with any third party claims arising out of: (a) your use of the Site; (b) your failure to comply with any applicable laws and regulations; and/or (c) your breach of any obligations set forth in these Terms of Use. You shall not settle any such claim without the written consent of the applicable Indemnified Party.

11. MODIFICATION OF THESE TERMS OF USE. We reserve the right to change these Terms of Use or our Privacy Policy and any terms, conditions and notices under which the Site is offered.  We may terminate these Terms of Use at any time by suspending or terminating access to the Site.  You can see when these Terms of Use were last revised by referring to the "Last Updated" date above.  Your continued use of the Site after we have posted revised Terms of Use signifies your acceptance of such revised Terms of Use. 

12. ERRORS, INACCURACIES AND OMISSIONS. Occasionally there may be information on our Site that contains typographical errors, inaccuracies or omissions.  We reserve the right to correct any errors, inaccuracies or omissions; however, we undertake no obligation to update, amend or clarify information on the Site, except as required by law.  No specified update or refresh date applied to the Site should be taken to indicate that all information with respect to the Site has been modified or updated.

13. MISCELLANEOUS. These Terms of Use shall be governed by the laws of the Commonwealth of Massachusetts, U.S.A. without regard to its rules on conflicts or choice of law. These Terms of Use constitute the sole agreement between you and Cheeky for your use of the Site and the subject matter hereof, and no representations, statements or inducements, oral or written, not contained in these Terms of Use shall bind either you or Cheeky.  Any of the terms of these Terms of Use which are determined to be invalid or unenforceable shall be ineffective to the extent of such invalidity or unenforceability, without rendering invalid or unenforceable any of the remaining terms of these Terms of Use or affecting the validity or enforceability of these Terms of Use as a whole.  Failure to insist on performance of any of the terms of these Terms of Use will not operate as a waiver of any subsequent default.  No waiver by Cheeky of any right under these Terms of Use will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time.  You may not assign, transfer or delegate your rights or obligations hereunder, in whole or in part.  These Terms of Use shall be binding upon and inure to the benefit of each of the parties and the parties’ respective successors and permitted assigns.  A printed version of these Terms of Use and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.  These Terms of Use, together with our Privacy Policy, constitutes the entire agreement between you and Cheeky with respect to use of the Site and/or Website Content and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Cheeky with respect to the Site and/or Website Content.  

14. CONTACT INFORMATION. If you have questions or concerns with respect to Cheeky, our Site or these Terms of Use, please contact us using one of the following options: 

By e-mail: getcheeky@cheekyfishing.com

By phone: (413) 346-4002

By mail: Cheeky Fishing, 60 Roberts Drive, Suite E, North Adams, MA 01247