15. LINKS
RBFF's Web site may provide, or third parties may provide, links to other World Wide Web sites or resources. Because RBFF has no control over such sites and resources, you acknowledge and agree that RBFF is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that RBFF shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
16. RBFF'S PROPRIETARY RIGHTS
You acknowledge and agree that RBFF's Web site and any necessary software used in connection with RBFF's Web site ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through RBFF's Web site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by RBFF or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on RBFF's Web site or the Software, in whole or in part.
RBFF grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to RBFF's Web site. You agree not to access RBFF's Web site by any means other than through the interface that is provided by RBFF for use in accessing RBFF's Web site.
17. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS
If you intend to create or join any service, receive or request any news, messages, alerts or other information from RBFF's Web site concerning companies, stock quotes, investments or securities, please read the above Sections 2 and 16 again. They go doubly for you. In addition, for this type of information particularly, the phrase "Let the investor beware" is apt. The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. RBFF shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.
18. NOTICE
Notices to you may be made via either email or regular mail. RBFF may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on RBFF's Web site.
19. COPYRIGHT INFRINGEMENT
Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent to RBFF's Designated Agent.
NOTE: THE FOLLOWING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING RBFF THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. ALL OTHER INQUIRIES, SUCH AS REQUESTS FOR TECHNICAL ASSISTANCE, REPORTS OF EMAIL ABUSE, AND PIRACY REPORTS, WILL NOT RECEIVE A RESPONSE THROUGH THIS PROCESS.
Written notification must be submitted to the following Designated Agent:
Frank Peterson, Jr.
President & CEO
Recreational Boating and Fishing Foundation
601 N. Fairfax St., Ste 440
Alexandria, VA 22314
(703) 519-0013
FAX: (703) 519-9565
fpeterson@rbff.org
To be effective, the Notification must include the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the Complaining Party has 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; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Upon receipt of the written Notification containing the information as outlined in 1 through 6 above:
- RBFF shall remove or disable access to the material that is alleged to be infringing;
- RBFF shall forward the written notification to such alleged infringer ("Subscriber");
- RBFF shall take reasonable steps to promptly notify the Subscriber that it has removed or disabled access to the material.
Counter Notification: RBFF is not liable to Subscriber for removal or disabling the material. If Subscriber believes that the removal or disabling was in error, Subscriber must provide RBFF with a counter-notification to have the materials replaced. To be effective, a Counter Notification must be a written communication provided to the RBFF's Designated Agent that includes substantially the following:
- A physical or electronic signature of the Subscriber;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which the Service Provider may be found, and that the Subscriber will accept service of process from the person who provided notification or an agent of such person
Upon receipt of a Counter Notification containing the information as outlined in 10 through 13 above:
- RBFF shall promptly provide the Complaining Party with a copy of the Counter Notification;
- RBFF shall inform the Complaining Party that it will replace the removed material or cease disabling access to it within ten (10) business days;
- RBFF shall replace the removed material or cease disabling access to the material within ten (10) to fourteen (14) business days following receipt of the Counter Notification, provided Service Provider's Designated Agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain Subscriber from engaging in infringing activity relating to the material on Service Provider's network or system.
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and RBFF and govern your use of RBFF's Web site, superceding any prior agreements between you and RBFF. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and RBFF shall be governed by the laws of the Commonwealth of Virginia without regard to its conflict of law provisions. You and RBFF agree to submit to the personal and exclusive jurisdiction of the courts located within U.S. District Court for the Eastern District of Virginia. The failure of RBFF to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
21. VIOLATIONS
Please report any violations of the TOS to .
22. ATTORNEY'S FEES
If RBFF or its affiliates take any action to enforce the TOS, such parties will be entitled to recover from you, and you agree to pay, all reasonable and necessary attorneys’ fees and any cost of litigation, in addition to any other relief, at law or in equity, to which such parties may be entitled.
23. INJUNCTIVE RELIEF
You acknowledge that a violation or attempted violation of any of the TOS will cause such damage to RBFF as will be irreparable, the exact amount of which would be difficult to ascertain and for which there will be no adequate remedy at law. Accordingly, you agree that RBFF shall be entitled as a matter of right to an injunction issued by any court of competent jurisdiction, restraining such violation or attempted violation of these terms and conditions by You, or Your affiliates, partners, or agents, as well as recover from You any and all costs and expenses sustained or incurred by RBFF in obtaining such an injunction, including, without limitation, reasonable attorney's fees. You agree that no bond or other security shall be required in connection with such injunction.
24. CONTACT INFORMATION
If you have any questions or suggestions regarding this privacy policy, please contact us at .
Policy last revised: April 1, 2007
