I. GUIDED FLY FISHING TRIP TERMS OF SERVICE
Tailwater Outfitters, LLC maintains the requisite licensing, insurance, and permitting to conduct commercial outfitting and guided fly fishing in Colorado. Guiding without insurance, license, & permit is unethical and illegal in Colorado. We are dedicated to professional service and integrity. We are Colorado Outfitter #3325.
Cancellations or no-shows on the day of the fly fishing trip will be billed in full for the day. Cancellations more than 48 hours in advance will receive a refund, less booking fee and credit card fee. Cancellations within 48 hours of the scheduled trip will be charged the full amount. Rescheduling or changing the number of members in a group must be done 24 hours in advance. All trips will depart rain or shine as scheduled. Tailwater Outfitters reserves the right to cancel or reschedule any trips due to weather (lightning), river levels (too high or too low) or extenuating circumstances at no cost to the customer. Please contact us by phone to cancel or inquire about a cancellation.
Regulatory Information: Section 12-55.5-105(I)(c) and 1(d), C.R.S. requires outfitters to be bonded and requires an outfitter to possess the minimum level of liability insurance. Tailwater Outfitters, LLC is insured through Bissell Agency and bonded with Western Surety Company. Proof of bond and insurance is available upon request. The activities of outfitters are regulated by the Director of the Division of Professions and Occupations in the Department of Regulatory Agencies (DORA). Outfitter #3325
ALL ANGLERS MUST COMPLETE A RELEASE OF LIABILITY BEFORE PARTICIPATING IN THE SCHEDULED ACTIVITY
II. ADDITIONAL TERMS OF SERVICE
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to these Terms of Service.
This website is property of, and operated by Tailwater Outfitters, LLC. Throughout the site, the terms “Service” “we”, “us” and “our” refer to Tailwater Outfitters, LLC. Tailwater Outfitters, LLC offers this website, including all information, products, and services available from this site to you, the user, soley upon your consent & acceptance of all terms, conditions, policies and provisions stated herein. The following terms (expressed below) and conditions of use of Service determine your use of the Website and its Contents. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
New services, products, or other which are added to the current store/site are subject to the Terms of Service. Review the most current version of the Terms of Service at any time on this page. We reserve the right to revise, change or edit any part of these Terms of Service. You consent to review to this page for revisions. Continued use of the website constitutes consent to revisions/changes.
A: TERMS OF ONLINE STORE/SERVICE
In consenting to these Terms of Service, you agree that you are at least the age of majority in the state or province in which you reside, or that you are the age of majority in the state or province in which you reside and have given us consent to allow all of your minor dependents to use this site. No one shall use our products for any illegal or unauthorized purpose. You will not, through use of the site/store violate any laws in your jurisdiction. You consent to not transmit viruses nor destructive code. Violation of the Terms results in an immediate termination of Services.
B: CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time. You consent not to copy or resell any portion of the Service or product without written permission. The Service is intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Website for your personal informational use only. No right, title or interest in any downloaded Contents is transferred to you as a result of any such downloading or copying or any other use of the Website. Tailwater Outfitters, LLC attempts to ensure that the Contents of the Website are accurate and free from errors. Occasionally there may be information on the Website that contains typographical errors, inaccuracies, or omissions. Tailwater Outfitters, LLC makes no representations or warranties as to the accuracy or completeness of any of the information including without limitation, the availability, quality or price of any services or products.
C: ACCURACY OF INFORMATION
We are not responsible for errors, typographical or otherwise, nor omissions, typographical or otherwise. Information and material on this site is provided for general depiction only. Such information should not be relied upon or used as the sole basis for making decisions. All reliance on the material on this site is at your own risk. Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, carrier information, shipping charges, ship times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). Historical information, contained herein, is not current and is provided solely as reference. We reserve the right to revise the contents of this site at any time. You consent that it is your responsibility to monitor changes/modifications/edits/revisions to the site.
D: PRICE CHANGES TO PRODUCTS & SERVICES
Prices for services and products are subject to change without notice. We reserve the right at any time to modify or discontinue a product/service without notice at any time.
E: SERVICES/PRODUCTS
Specific products or services may be made solely available online. These products or services may have limited quantities. We have made every attempt to accurately depict products/services. We are not responsible for variances in perception due to individual computer monitor displays or otherwise. We reserve the right to limit the sales of our products or services to any person, geographic region or jurisdiction. We reserve the right to limit the quantities of any products or services that we offer. Product/service descriptions are subject to change without notice, at our discretion. We reserve the right to discontinue any service or product at any time. Offers void where prohibited.
F: ACCOUNT & BILLING INFORMATION
We reserve the right to refuse any order placed. We may limit or cancel quantities purchased. Should we revise or cancel an order, we may attempt to notify you by contacting the e-mail, billing address, or phone number provided at placement of order. You agree to provide updated and accurate information for all purchases made on our site.
G: LINKS
Some specific information, products, and/or services available via our Service may include materials from third-parties. Third-party links on this site may direct you to unaffiliated third-party websites. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites (nor products/services therein). We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any linked websites. Be advised to review and understand the third-party’s policies and practices prior to completing transactions. Complaints, claims, concerns, or questions regarding third-party products should be directed solely to the third-party. We take no responsibility and assume no liability for any comments posted by you or any third-party.
H: PERSONAL INFORMATION
Your submission of personal information through the store is addressed by our Privacy Policy.
I: DISCLAIMER & LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free. You consent that use of the Service is at your sole risk. UNDER NO CIRCUMSTANCE shall Tailwater Outfitters, LLC, our owners, employees, contractors, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law. You agree to indemnify, defend and hold harmless Tailwater Outfitters, LLC from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Shall any of these herein Terms of Service be determined as unlawful, void or unenforceable, such provision shall be enforceable to the fullest extent permitted by applicable law. Any unenforceable portion shall be deemed to be severed from these Terms of Service. Any such determination shall in no manner affect the validity and enforceability of any other remaining provisions.
J: CONSENT
The failure, or error, on our behalf to exercise any right or stipulation of these Terms of Service shall not constitute a waiver of such right or stipulation.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement, consent, and understanding between you and us and govern your use of the Service. Any confusion or misinterpretation of these Terms of Service shall not be construed against the drafting party.
K: PROPERTY
Unless noted, the Service, and all materials on the website, collectively, the “Contents,” are owned or licensed by Tailwater Outfitters, LLC and are protected by copyright, trade mark and applicable intellectual property and common law rights. Except for the rights specifically granted by these terms, the Service noor its contents may not be used, copied, licensed or sub-licensed for any purpose without the express written consent of Tailwater Outfitters, LLC.
CONTACT INFORMATION
If you have questions about the Terms of Service, they should directed to info@twoutfitters.com.