Wading Sports Terms of Use

Welcome to Wading Sports.net, a website (the “Website”) operated by Wading Sports, LLC (“us or we”).  The Website offers a community, information and literary/artistic content, branded goods, and a curated, branded retail experience (“Content”).

1. Limited Right to Use

Your use of the Website means you are agreeing to these Terms of Use including the Privacy Policy incorporated by reference. Please review the following information carefully.

2. Terms of Use May Change

We reserve the right to update or modify these Terms of Use at any time without prior notice.  Please review these Terms of Use when you purchase products from us or use the Website.

3. Usage Restrictions

You may access and view the Content for personal, non-commercial use only.  You agree to use the Website only for lawful purposes. Your use, copying, or reproduction of any part of Website without written permission is prohibited.

4. Intellectual Property

The Content, graphics, organization, and design of the Website are protected under applicable copyright, trademark, and other proprietary rights laws.  We own or have licensed Wading Sports and the other trademarks and logos used on the Website.  Any infringement of our trademark rights is strictly prohibited.

5. Warranties; Limit of Liability

The Website and Content is provided on an as-is basis and we make no warranties, express or implied, as to its function, availability, or otherwise.  We do not make any representations or warranties about the Website or the Content, and we shall not be liable for the accuracy, completeness, or substance of any Content, or for inaccuracies of any Content, or for any interruptions in Website functionality for any reason.  We have no liability for any damages of any kind related to your use of the Website.

THE LIMITATIONS OF LIABILITY AND DISCLAIMERS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS OF USE AND THE WEBSITE AND CONTENT WOULD NOT BE MADE AVAILABLE WITHOUT THESE LIMITATIONS.

6. Digital Millennium Copyright Act – Designated Agent

If you are a copyright owner or the copyright owner’s agent and you believe that any content on the Website infringes upon your copyright, you may submit a notice in accordance with the Digital Millennium Copyright Act (“DMCA”) by providing our DMCA Copyright Agent with the following information in writing:

Your full legal name and your physical or electronic signature;

Identification of the copyrighted work(s) you claim has been infringed;

Identification of the material you claim to be infringing that copyrighted work(s), and URLs or similar information sufficient to permit us to locate that material on our websites and services;

Information to permit our agent to contact you: your address, telephone number and email address;

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law (e.g. as a fair use); and

A statement that the information in the notice is accurate, and under penalty of perjury, that you are the owner, or are authorized to act on behalf of the owner of the copyright that is allegedly infringed.

Our designated DMCA Copyright Agent to receive notices of infringing material is:

Copyright Agent

On Point Business Administration Inc.

7317 West 79th Street

Overland Park, Kansas 66204

Phone: (816) 595-8620

Email: agent@onpointtcb.com

Only DMCA notices should go to our DMCA Copyright Agent. You acknowledge that if you fail to comply with all of the requirements listed, then your DMCA notice may not be valid.

7. Applicable Law and Venue

These Terms of Use shall be governed by and construed in accordance with the internal laws of the State of Missouri, United States of America, without giving effect to the principles of conflict of laws. You irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the Courts of the State of Missouri and the United States of America located in Kansas City, Missouri for any actions, suits or proceedings arising out of or relating to these Terms of Use and Privacy Policy and use of the Website, and you waive any objection to venue in those courts. All servers used by us are located in the United States of America. A user may access the Website from another country and it is possible that Content will be available in other countries.

8. Privacy Policy

Please read our Privacy Policy below for information on how we collect, use, disclose, manage, and store personally identifiable information. This Privacy Policy is a part of our Terms of Use.

Privacy Policy

Wading Sports, LLC (“we” or “us”) are sensitive to your concerns about how we use the personal information we collect from you through the Wading Sports website (the “Website”) and other applications exchanging information with us (“Applications”). (The Website and Applications are sometimes collectively referred to as “Services” for simplicity.)

We take your privacy seriously and have implemented this privacy policy (the “Privacy Policy”) and internal policies and practices to keep your personal information secure. The Privacy Policy covers our treatment of the Personal Information (defined below) we collect when you use the Services. It also describes the choices available to you regarding our use of your personal information and how you can access and update this information.

This Privacy Policy is incorporated into our Terms of Use and governs your use of the Services. By using the Services, you accept the terms of this Privacy Policy. If you have questions or concerns about the Privacy Policy, please contact us.

Information Collection

Traffic Data

We may collect a variety of visitor data such as IP addresses, browser settings, internet service provider (ISP) information, referring/exit pages, operating systems, date/time stamps, and clickstream data (collectively “Visitor Data”). Our internal servers and software automatically recognize Visitor Data. The Website may use Visitor Data to compile traffic data about the types of visitors who use the Website at specific intervals (collectively “Traffic Data”). We may use Traffic Data to analyze Website traffic, but this information is not examined for Personal Information. We may also use Traffic Data to diagnose problems with our server, administer our Website, or display content according to your preferences. Visitor Data and Traffic Data may also be shared with business partners, affiliates, or advertisers on an aggregated and anonymous basis.

Cookies

We and our partners may use the standard cookie feature of major browser applications and third-party providers, including Google Analytics features (Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration and Google Analytics Demographics and Interest Reporting), or employ internally developed cookies and tracking codes, that allow us to store a small piece of data on a visitor’s computer, or any other device a visitor uses to access Services, about his or her visit to the Website or use of Applications. We do not capture Personal Information in cookies or use cookies to mine Personal Information. You can remove persistent cookies by following directions provided in your Internet browser’s “help” directory. If you reject cookies, you may still use our Website, but your ability to use some areas of our Website, such order forms, may be limited.

Third Party Tracking

The use of tracking technologies by our service providers, technology partners or other third party assets (such as social media links) on the Website is not covered by our Privacy Policy. These third parties may use cookies, clear gifs, images, and scripts to help them better manage their content on our Website. We do not have access or control over these technologies. We do not tie the information gathered to our customers’ or users’ Personal Information.

Personal Information

We require personally identifiable information (collectively “Personal Information”) to allow users to access and use Services. Personal Information is captured when a visitor accesses Services, or speaks on the phone with our representative, and willingly discloses that information. This disclosure may occur when a visitor registers with a GBH Service, engages in transactions, contacts customer service, or participates in contests, promotions, surveys, forums, content submissions, requests for suggestions, or other aspects of Services. Personal Information includes but is not limited to your name, address, city, state, zip code, phone number, and email address. Your Personal Information may be provided to us by you or by other parties. If you believe that one of your colleagues or another party has provided us with your personal information and you would like to request that it be removed from our database, please contact us.

Testimonials and Reviews

We may display personal testimonials of satisfied customers received through email surveys. We ask for your specific consent as part of the survey. Please contact us if you wish to update or delete your testimonial. We may also display customer reviews. If you provide a review that we display and wish to update or delete it, you can also contact us.

Calls/Electronic Communications

In the regular course of our business, we may monitor and record phone conversations or email communications between you and our representatives for training and quality assurance purposes. We may receive a confirmation when you open or click on content in an email from us, which helps us make our communications to you more useful and interesting. If you do not wish to receive email from us, you may unsubscribe from our mailing list by using the “Unsubscribe” link on any of the emails we send.

Use of Information

We use information we collect from the Services to communicate with you, process your orders, facilitate your transactions with our third-party partners, and inform you of offers and discounts.

Opting Out

We send promotional emails and newsletters from time to time to users who have registered on the Website and to those who have opted in to receive such emails. Generally, you may not opt-out of service-related or transactional communications, which are not promotional. However, you can opt-out of promotional communications by using the “Unsubscribe” link and following the unsubscribe instructions in any electronic communication or by emailing us.

Surveys

We may provide you the opportunity to participate in surveys on our Website, to measure customer satisfaction. If you participate, we may request certain Personal Information from you. Participation in these surveys is completely voluntary and you therefore have a choice whether or not to disclose this information. The requested information typically includes name, email address, and mailing address. We may use a third party service provider to conduct these surveys; that company will be prohibited from using our users’ personal information for any other purpose. We will not share the personal information you provide through a survey with other third parties unless we give you prior notice and choice.

Sharing of Information

Order Processing

We, sometimes with the assistance of a third party or affiliate, may use your Personal Information to process your payment through merchant account services, and to generate the products and services you order. Your Personal Information may be used to follow up with you on transactions you initiate through Services, respond to inquiries made through Services, inform you of changes to Services, and send you additional information about us and our products and services.

Third Party Marketing

Unless specifically authorized by you, we do not provide Personal Information to third parties for marketing purposes. If you express interest in a third party offer or purchase a package that includes a third party offer, we may provide your Personal Information to that third party solely in connection with the offer you have selected.

Required by Law

We may also disclose your personal information: as required by law, such as in response to a subpoena, a lawful request by a public authority, including to meet national security or law enforcement requirements, or similar legal process, and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a legal request.

Visitor Demographics

Personal Information and Traffic Data are used to gather general statistics about our customers and visitors. We may use Personal Information to generate collective information about our users, but not in a way that identifies any user specifically. For example, we may inform third parties about the number of registered users and unique visitors, and the pages most frequently browsed.

Service Providers

We may share your Personal Information with companies that provide support services to us (such as a printer or email service provider), help us market our products and services, or for training purposes. These companies may need information about you in order to perform their functions. These companies are not authorized to use the information we share with them for any other purpose.

Partner and Affiliate Tracking

Our partners and affiliates, including Google Analytics (Remarketing, Google Display Network Impression Reporting, the DoubleClick Campaign Manager Integration, and Google Analytics and Interest Reporting), may use cookies and web beacons to collect non-Personal Information about your activities on this and other websites to provide you targeted advertising based upon your interests. This means that these partners and affiliates may show our ads on sites across the Internet based upon your previous visits to our Website. Together with our partners and affiliates, we may use these cookies and web beacons to report how your ad impressions, other uses of ad services, and interactions with these ad impressions and ad services are related to your visits to our Website.

Blogs and Forums

The Website includes a publicly accessible blog and interactive forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them. You should use caution when deciding whether to disclose your personal information in these areas of the Website. To request removal of your personal information from our community forums, please contact us. In some cases, we may not be able to remove your personal information, in which case we will let you know if we are unable to do so and why.

Other Transfers

We may share Personal Information and other data with businesses controlling, controlled by, or under common control with us. If we are merged, acquired, or sold, or if some or all of our assets or equity are transferred, we may disclose or transfer Personal Information and other data in connection with the associated transactions. In the event of bankruptcy, insolvency, or the application of creditors rights or similar laws, we may not be able to control how your personal information is treated, transferred, or used.

Third Party Privacy Policies

Third-Party Websites

We may maintain links to other websites and other websites may maintain links to the Services. This Privacy Policy applies only to our Website and not to other websites accessible from our Website or that you use to access the Services, each of which may have privacy policies materially different from this Privacy Policy. If you visit other websites, we are not responsible for the privacy practices or content of those sites. It is your responsibility to review the privacy policies of other websites to confirm that you understand and agree with them.

Social Media Widgets

Our Website may include social media features, such as the Facebook “like” button and widgets, such as the “Share this” button or interactive mini-programs that run on our Website. These features may collect your IP address, which page you are visiting on our Website, and may set a cookie to enable the feature to function properly. Social media features and widgets are either hosted by a third party or hosted directly on our Website. Your interactions with these features are governed by the privacy policy of the company providing it.

Use of the Website

Our Terms of Use provide more information on the Services and how information, including Personal Information, is used in the operation of the Services. Upon request, we will provide you with information about whether we hold any of your Personal Information. In certain circumstances, we may be required by law to retain your personal information or may need to retain your Personal Information in order to continue providing a service.

Policy Changes

We may update this Privacy Policy to reflect changes to our information practices. If we make any material changes, a notice will be posted on this page along with the updated Privacy Policy prior to the change becoming effective. We encourage you to periodically review this page for the latest information on our privacy practices.

How to Contact Us

If you have any questions regarding our Privacy Policy, please contact us at wadingsports@gmail.com or by mail Wading Sports, LLC, 4741 Central #431, Kansas City, Missouri 64112.

IF YOU BELIEVE YOUR PRIVACY HAS BEEN BREACHED THROUGH USE OF OUR WEBSITE, APPLICATIONS, OR OTHER SERVICES PLEASE IMMEDIATELY CONTACT US. We periodically review this Privacy Policy and our compliance with it to verify that both are accurate. We encourage you to contact us with any concerns, and we will investigate and attempt to resolve any complaints and disputes about our privacy practices.