Many destinations that we offer here at Hobo Fly Fishing offer fly fishing travel packages that are non-refundable. We highly recommend travel insurance for this reason.
We do our best to provide complete and accurate information, but this is not always within our control. We cannot be held liable for force majeure or the actions of external entities, but we always do our level best to take care of our customers within our power.
Most packages will typically consist of a 50 percent total package price per angler with the balance due 90 days in advance prior to the arrival date. Some packages may require full payment for the entire package.
IMPORTANT: THIS AGREEMENT IS A LEGALLY BINDING AGREEMENT BETWEEN YOU AND Hobo Fly Fishing APPLICABLE TO YOUR PURCHASE AND/OR USE (INCLUDING FREE, “EVALUATION” AND/OR “TRIAL” USES) OF Hobo Fly Fishing's SAAS PRODUCTS AND/OR Hobo Fly Fishing's SYSTEM. BY USING OUR SAAS YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT YOU MAY NOT USE ANY Hobo Fly Fishing SAAS PRODUCT NOR ACCESS THE SYSTEM.
This Terms of Service Agreement ("Agreement") is by and between Hobo Fly Fishing LLC (including its wholly-owned subsidiaries, licensors, and affiliates, collectively referred to as; “Hobo Fly Fishing”) and the person or entity executing this Agreement (referred to herein as “You” or “Customer”). The terms “You” , “Your”, and “Customer” include you and any of your owners, employees, partners, independent contractors, subsidiaries, affiliates, attorneys, agents, heirs, and assigns. This Agreement is effective as a pre-requisite for accessing our system, this includes but is not limited to all services hosted at the domain hoboflyfishing.com. Your use of and Hobo Fly Fishing’s provision of any SaaS product and access to Hobo Fly Fishing's System (as those terms are hereinafter defined) are governed by this Agreement.
This Agreement, together with Hobo Fly Fishing’s End User License Agreement (where applicable), sets out the terms that apply to the use of all Hobo Fly Fishing “software as a service” (“SaaS”) products. SaaS consists generally of system administration, system management, and system monitoring activities that Hobo Fly Fishing performs for Hobo Fly Fishing programs, and includes the right to use the Hobo Fly Fishing programs, support services for such Hobo Fly Fishing programs, and other services provided by Hobo Fly Fishing.
3.FEES. You agree to pay Hobo Fly Fishing the Subscription Fee set forth in each Order for each SaaS product, for each Term. Payment of the Subscription Fee will entitle you to access to the SaaS product or service ordered only for the time period identified at the time of your Order. Hobo Fly Fishing will not be required to refund any portion of a Subscription Fee under any circumstances whatsoever. This provision does not apply to free accounts which have limited access to our Services.
CUSTOMER’S RESPONSIBILITIES & RESTRICTIONS. 5.1. Acceptable Use. You shall comply with the AUP, as the same is subject to change from time to time. You shall not: (a) use the System for service bureau or time-sharing purposes or in any other way allow third parties to exploit the System; (b) provide System passwords or other log-in or authorization information to any third party; or (c) access the System in order to build a competitive product or service, to build a product using similar ideas, features, functions or graphics of the System, or to copy any ideas, features, functions or graphics of the System. In the event that it suspects any breach of the requirements of this Section 5.1, including without limitation by Users, Hobo Fly Fishing may suspend Your access to the System without advanced notice, in addition to such other remedies as Hobo Fly Fishing may have. Neither this Agreement nor the AUP requires that Hobo Fly Fishing take any action against Customer or any User or other third party for violating the AUP, this Section 5.1, or this Agreement, but Hobo Fly Fishing is free to take any such action it sees fit. 5.2. Prohibited Use. You agree not to use or permit use of the System, including by uploading, emailing, posting, publishing or otherwise transmitting any material, for any purpose that may (a) menace or harass any person or cause damage or injury to any person or property, (b) involve the publication of any material that is false, defamatory, harassing or obscene, (c) violate privacy rights or promote bigotry, racism, hatred or harm , (d) constitute unsolicited bulk e-mail, “junk mail”, “spam” or chain letters; (e) constitute an infringement of intellectual property or other proprietary rights, or (f) otherwise violate applicable laws, ordinances or regulations. In addition to any other rights afforded to Hobo Fly Fishing under this Agreement, Hobo Fly Fishing reserves the right to remove or disable access to any material that violates the foregoing restrictions. Hobo Fly Fishing shall have no liability to you in the event that Hobo Fly Fishing takes such action. You agree to defend and indemnify Hobo Fly Fishing against any claim arising out of a violation of your obligations under this section. 5.3. Unauthorized Access. You shall take reasonable steps to prevent unauthorized access to the System, including without limitation by protecting passwords and other log-in information. You shall notify Hobo Fly Fishing immediately of any known or suspected unauthorized use of the System or breach of its security and shall use best efforts to stop said breach. 5.4. Compliance with Laws. When using the System, You shall comply with all applicable laws, including without limitation laws governing the protection of personally identifiable information and other laws applicable to the protection of Customer Data. 5.5. Your purchase of access to any SaaS product is for Your personal use only. Use of any SaaS product for commercial and/or institutional research purposes in any manner is specifically prohibited. If You wish to use a SaaS product for commercial or institutional research purposes or any purpose other than Your personal use, You must obtain the written consent of Hobo Fly Fishing and pay any and all applicable fee(s) for such use. 5.6. Users & System Access. You are responsible and liable for: (a) Your use of the System, including without limitation unauthorized conduct and any conduct that would violate the AUP or the requirements of this Agreement applicable to You; and (b) any use of the System through Your account or pursuant to an Order made by You, whether authorized or unauthorized.
INTELLECTUAL PROPERTY (“IP”) RIGHTS AND CUSTOMER FEEDBACK. 6.1. IP Rights to the System. Hobo Fly Fishing retains at all times all right, title, and interest in and to the System, including without limitation all software used to provide the System and all graphics, user interfaces, logos, and trademarks reproduced through the System. This Agreement does not grant You any intellectual property license or rights in or to the System or any of its components. Customer recognizes that the System and its components are protected by copyright and other laws and shall at all times comply with the same. 6.2. Feedback. Hobo Fly Fishing has not agreed to and does not agree to treat as confidential any Feedback You provide to Hobo Fly Fishing. All Feedback provided to Hobo Fly Fishing, in any medium shall be deemed to be free of all copyright and/or other rights which are vested or may become vested in the Customer which provided such Feedback and may be utilized by Hobo Fly Fishing as it desires without payment or compensation of any kind. Nothing in this Agreement or in the parties’ dealings arising out of or related to this Agreement will restrict Hobo Fly Fishing’s right to use, profit from, disclose, publish, keep secret, or otherwise exploit Feedback, without compensating or crediting the Customer.
CONFIDENTIAL INFORMATION. Confidential Information refers to the following items Hobo Fly Fishing discloses or makes available to You: (a) any document Hobo Fly Fishing marks “Confidential”; (b) any information Hobo Fly Fishing orally designates as “Confidential” at the time of disclosure, provided Hobo Fly Fishing confirms such designation in writing within ten (10) business days; (c) the Documentation, whether or not marked or designated confidential; and (d) any other nonpublic, sensitive information disclosed by Hobo Fly Fishing, whether or not marked or designated “Confidential.” Notwithstanding the foregoing, Confidential Information does not include information that: (i) is in Your possession at the time of disclosure; (ii) is independently developed by You without use of or reference to Confidential Information; (iii) becomes known publicly, before or after disclosure, other than as a result of Your improper action or inaction; or (iv) is approved for release in writing by Hobo Fly Fishing. 7.1. Nondisclosure. You shall not disclose Confidential Information to any other third party without Hobo Fly Fishing’s prior written consent. Without limiting the generality of the foregoing, You shall protect Confidential Information with reasonable care. You shall promptly notify Hobo Fly Fishing of any misuse or misappropriation of Confidential Information that comes to Your attention. Notwithstanding the foregoing, You may disclose Confidential Information as required by applicable law or by proper legal or governmental authority. You shall give Hobo Fly Fishing prompt notice of any such legal or governmental demand and reasonably cooperate with Hobo Fly Fishing in any effort to seek a protective order or otherwise to contest such required disclosure, at Hobo Fly Fishing’s expense. 7.2. Injunction. You agree that breach of this Article 7 would cause Hobo Fly Fishing irreparable injury, for which monetary damages would not provide adequate compensation, and that in addition to any other remedy, Hobo Fly Fishing will be entitled to injunctive relief against such breach or threatened breach, without proving actual damage or posting a bond or other security. 7.3. Retention of Rights. This Agreement does not transfer ownership of Confidential Information or grant a license or any rights thereto to You. Hobo Fly Fishing retains all right, title, and interest in and to all Confidential Information.
Hobo Fly Fishing DOES NOT GUARANTEE THAT THE SAAS PRODUCTS WILL BE PROVIDED ERROR-FREE OR UNINTERRUPTED, OR THAT Hobo Fly Fishing WILL CORRECT ALL ERRORS. YOU ACKNOWLEDGE THAT Hobo Fly Fishing DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE SYSTEM MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. Hobo Fly Fishing IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS WHETHER OR NOT FORESEEABLE.
THERE IS NO GUARANTEE OR PROMISE THAT YOUR USE OF THE SYSTEM WILL ENABLE OR ASSIST YOU IN WINNING MONEY, OR THAT YOU WILL NOT LOSE MONEY, OR IMPROVE YOUR GAMING RESULTS. YOUR RESULTS WILL VARY AND WILL BE BASED ON YOUR ABILITIES, EXPERIENCE, KNOWLEDGE, CAPABILITIES, LEVEL OF DESIRE, AND AN INFINITE NUMBER OF VARIABLES BEYOND Hobo Fly Fishing's CONTROL, INCLUDING VARIABLES Hobo Fly Fishing AND YOU HAVE NOT ANTICIPATED. EACH CUSTOMER’S RESULTS WILL VARY.
TO THE EXTENT NOT PROHIBITED BY LAW, THESE WARRANTIES ARE EXCLUSIVE AND THERE ARE NO OTHER EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS .
INDEMNIFICATION. You shall defend, indemnify, and hold harmless Hobo Fly Fishing and the Hobo Fly Fishing Associates against any “Indemnified Claim,” meaning any third party claim, suit, or proceeding arising out of or related to Yours alleged or actual use of, misuse of, or failure to use the System, including without limitation: (a) claims related to unauthorized disclosure or exposure of personally identifiable information or other private information, including Customer Data; (b) claims related to infringement or violation of a copyright, trademark, trade secret, or privacy or confidentiality right by written material, images, logos or other content uploaded to the System through Your account, including without limitation by Customer Data; and (c) claims that use of the System through Your account harasses, defames, or defrauds a third party or violates the CAN-Spam Act of 2003 or any other law or restriction on electronic advertising. Indemnified Claims include, without limitation, claims arising out of or related to Hobo Fly Fishing’s negligence. Your obligations set forth in this Article 9 include retention and payment of attorneys and payment of court costs, as well as settlement at Your expense and payment of judgments. Hobo Fly Fishing will have the right, not to be exercised unreasonably, to reject any settlement or compromise that requires that it admit wrongdoing or liability or subjects it to any ongoing affirmative obligations.
LIMITATION OF LIABILITY. 10.1. Liquidated Damages. YOU SPECIFICALLY AGREE THAT THE LIMIT OF Hobo Fly Fishing's LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT AND ITS OBLIGATIONS HEREIN WILL NOT EXCEED THE GREATER OF YOUR COST TO ACCESS THE SYSTEM FOR A ONE (1) MONTH PERIOD OR FIFTY DOLLARS ($50). 10.2. Exclusion of Consequential Damages. IN NO EVENT WILL Hobo Fly Fishing BE LIABLE TO YOU FOR ANY CONSEQUENTIAL, INDIRECT, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THIS AGREEMENT WHETHER OR NOT SUCH DAMAGES WERE FORSEEABLE. 10.3. Clarifications & Disclaimers. THE LIABILITIES LIMITED BY THIS ARTICLE 10 APPLY: (a) TO LIABILITY FOR NEGLIGENCE; (b) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT PRODUCT LIABILITY, OR OTHERWISE; (c) EVEN IF Hobo Fly Fishing IS ADVISED IN ADVANCE OF THE POSSIBILITY OF THE DAMAGES IN QUESTION AND EVEN IF SUCH DAMAGES WERE FORESEEABLE; AND (d) EVEN IF YOUR REMEDIES FAIL OF THEIR ESSENTIAL PURPOSE. If applicable law limits the application of the provisions of this Article 10, Hobo Fly Fishing’s liability will be limited to the maximum extent permissible. For the avoidance of doubt, Hobo Fly Fishing’s liability limits and other rights set forth in this Article 10 apply likewise to Hobo Fly Fishing Associates, Hobo Fly Fishing’s affiliates, licensors, suppliers, advertisers, agents, sponsors, directors, officers, employees, consultants, and other representatives.
Term & Termination. 11.1. Termination for Cause. Either party may terminate this Agreement for the other’s material breach by written notice, effective in thirty (30) days unless the other party first cures such breach. 11.2. Effects of Termination. Upon termination of this Agreement, You shall cease all use of the System and delete, destroy, or return all copies of the Documentation in Your possession or control. The following provisions will survive termination or expiration of this Agreement: (a) any obligation of You to pay fees incurred before termination; (b) Articles and Sections 6 (IP and Feedback), 7 (Confidential Information), 8.3 (Warranty Disclaimers), 9 (Indemnification), and 10 (Limitation of Liability); and (c) any other provision of this Agreement that must survive to fulfill its essential purpose.
ENTIRE AGREEMENT. You agree that this Agreement (including the information which is incorporated into this Agreement by reference (including reference to information contained in a URL or a referenced policy), is the complete agreement for the SaaS products and access to the System ordered by You, and that this Agreement supersedes all prior or contemporaneous agreements or representations, written or oral, regarding such products. If any term of this Agreement is found to be invalid or unenforceable, the remaining provisions will remain effective and such term shall be replaced with a term consistent with the purpose and intent of this Agreement. It is expressly agreed that the terms of this Agreement, including any Hobo Fly Fishing ordering document, shall supersede the terms in any purchase order or other non-Hobo Fly Fishing document and no terms included in any such purchase order or other non-Hobo Fly Fishing document shall apply to the SaaS products ordered. This Agreement may not be modified and the rights and restrictions may not be altered or waived except in a writing signed or accepted online through a Hobo Fly Fishing website by authorized representatives of You and of Hobo Fly Fishing.