Terms of Use/Disclaimer
Welcome to the web site of Fly of the Month Club
Materials are provided by J. V. Grobarek Inc., DBA Fly of the Month Club in this site as a service to its customers and other interested parties. Those who access and use the site are subject to the following notices, terms and conditions. If you do not agree with theses notices, terms and conditions do not use the site or download any materials from it.
Ownership of Content
All content (e.g., textual, graphical, logos and otherwise) appearing on this site, unless otherwise noted, is the property of J. V. Grobarek Inc., DBA Fly of the Month Club. PO Box 5471, Key West, FL 33045-5471 U.S.A. All Rights Reserved.
Private, Non-Commercial Use of Content
You may view, copy, print and use the content contained on this site solely for your own personal use provided that: the content is used for non-commercial purposes only; the content is not modified in any way; you keep intact Fly of the Month Club and other proprietary notices and no graphics available from the Site are used, copied or distributed separately from accompanying text.
No License
Your use of the site does not include any express or implied license or other right to use any patent, copyright, trademark, trade secret or any other type of intellectual property located herein.
No Endorsement
Reference to any third party product, process, publication, service, trademark or the like does not necessarily constitute or imply, and should not be construed as, an endorsement or recommendation by J. V. Grobarek Inc., DBA Fly of the Month Club.
International Scope and Disclaimer
The site may be accessed by users Internationally and may contain references to Fly of the Month Club products, programs and services that are not available or that are prohibited in a your country or jurisdiction. Such references do not imply that Fly of the Month Club intends to make these products, programs and services available in your country or jurisdiction or that such products, programs and services may be lawfully be used there.
Privacy Statement
Access to the site is monitored. The requesting URLs, the computer originating the request, and the time of the request are logged for access statistics and security purposes. Use of the site constitutes consent to such monitoring.
We may collect and use personal information you provide us to market products and services we think would be of interest to you, or to communicate with you for other purposes. If you do not wish to receive communications of this nature from us please, let us know the context you provided your personal information and we will make a reasonable effort to correct the database in a way that you will not receive communications from us.
Cookies
When you use the site we may store information (commonly referred to as a “Cookie”) on your computer. Cookies allow us to recognize you when you use the Site on subsequent visits. You can erase or block the storage of Cookies from your computer if you wish. See your computer user manual for information on blocking Cookies.
Site Availability Disclaimer
The site may be unavailable from time to time due to: routine or emergency maintenance; electronic, hardware, mechanical, software, telecommunication, or third-party vendor failure; or for other reasons either within or beyond Fly of the Month’s control. Fly of the Month Club shall not be held responsible for any such Site unavailability or downtime.
No Warranty
Reasonable efforts are taken to ensure the accuracy and integrity of information posted on the site. This information may be removed or changed without notice. J. V. Grobarek Inc. DBA Fly of the Month Club shall not be responsible for misprints; out-of-date or incorrect information; technical or pricing inaccuracies; typographical errors; or any other errors appearing on the site. The site, and all information posted on it, is provided "as is." Fly of the Month Club makes no representation or warranty whatsoever regarding the accuracy, adequacy, availability, completeness, content, functionality, operation or suitability of the site or the information posted on it. The use of this site neither creates, expands upon, removes nor reduces any representations and warranties regarding any products or services purchased through the site. By using the site, you assume the risk that the information on the site may be inaccurate, incomplete, out-of-date, or may not meet your needs and requirements. J. V. Grobarek Inc. DBA Fly of the Month Club SPECIFICALLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT WITH RESPECT TO THIS SITE AND INFORMATION, GRAPHICS AND MATERIALS CONTAINED HEREIN.
Limitation of Liability
IN NO EVENT SHALL J. V. GROBAREK INC., DBA FLY OF THE MONTH CLUB BE LIABLE TO YOU OR ANY OTHER PARTY FOR DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES OR LOSSES OF ANY KIND RELATING TO THIS AGREEMENT ORTHE USE OF THIS SITE, INCLUDING BUT NOT LIMITED TO, CLAIMS ARISING FROM BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE, PRODUCT LIABILITY OR STRICT LIABILITY), INTELLECTUAL PROPERTY INFRINGEMENT OR ANY OTHER THEORY OF LIABILITY.
The compilation (meaning the collection, arrangement, and assembly) of all content (e.g., textual, graphical and otherwise) appearing on this Site, along with the software used on the site, is protected by the laws of the United States of America, including its Copyright Laws. Neither the content nor the software may be used by you without the express written consent of J.V. Grobarek Inc. DBA Fly of the Month Club.
The trademarks, logos, and service marks displayed on the site are either owned by J.V. Grobarek Inc., DBA Fly of the Month Club or used with the permission of a third party. They are protected by the laws of the United States of America including its Trademark Laws as well as by law trademark laws of foreign countries. No trademark, logo or service mark depicted on the Site may be used by you without the express written consent of J. V. Grobarek Inc., DBA Fly of the Month Club.
Hyperlinks
The site has links to third party sites for the convenience of Internet users. When you link to another site, be advised that you are no longer on our site and that you become subject to the terms and conditions and the privacy policy of the new site. Fly of the Month Club has no control over the content of any third party web site and Fly of the Month Club is not responsible for the availability or content of any third party site nor does Fly of the Month Club, unless specifically stated otherwise, endorse, warrant or guarantee the products, services or information posted or offered on any third party site.
Site Security
Any attempts by you to breach the security of the site may result in civil and criminal penalties. Violations of the security of the site include: attempting to scan or test the vulnerability of any system or subsystem; hacking; and/or transmitting viruses, Trojan horses, worms, time bombs, cancelbots, spam or bulk e-mail and/or other computer programming with the intent to damage, destroy or disrupt the functionality of this site.
While we may monitor chat groups, discussion groups or bulletin boards that may be associated with the site, we take no responsibility and assume no liability for the content of those chat groups, discussion groups or bulletin boards or for any mistakes, defamation, libel, slander, omissions, falsehoods, obscenity, pornography, or profanity that might be encountered on them.
We reserve the right to suspend or terminate your access to the site upon a violation, or attempted violation of these notices, terms and conditions.If you become dissatisfied with this site or with any notices, terms conditions, policies or practices of J.V. Grobarek Inc. DBA Fly of the Month Club in operating the site, your sole remedy is to discontinue using this site.
Miscellaneous Provisions
Changes to the Terms.
We may change any of the notices, terms and conditions on this site at any time and for any reason, with or without notice and any such modifications and changes shall be effective immediately upon posting. By using this site, you agree to the notices, terms and conditions in effect at the time of your site visit.
Compliance with Laws.
The Parties agree to comply with all applicable international, federal, state, local or other laws, statutes, ordinances and regulations as they affect their respective obligations hereunder.
Dispute Resolution and Applicable Law.
This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, excluding conflicts of law rules which would apply the law of a different jurisdiction. Any legal action, suit, or proceeding with respect to this Agreement shall be brought exclusively in federal court in Chicago, Illinois and both you and J. V. Grobarek Inc DBA Fly of the Month Club hereby consent to the jurisdiction of said court for all matters that arise under this Agreement.
Equitable Relief.
User agrees and acknowledges that the notices, terms, conditions, obligations and restrictions in this Agreement are reasonable and designed to protect the legitimate business interests of J. V. Grobarek Inc., DBA Fly of the Month Club and that they are not vague, overbroad, or indefinite. User, therefore, agrees that if any notice, term, condition, obligation or restriction is breached, including but not limited to any notice, term, condition, obligation or restriction relating to J. V. Grobarek Inc., DBA Fly of the Month Club’s intellectual property, that the damages to J. V. Grobarek Inc., DBA Fly of the Month Club may be difficult or impossible to ascertain. Accordingly, and in addition to any other remedies which J. V. Grobarek Inc., DBA Fly of the Month Club may have under law for breach, J. V. Grobarek Inc., DBA Fly of the Month Club shall be entitled to injunctive or other equitable relief.
Severability.
If any provision of this Agreement is held invalid or inoperative, the other provisions of this Agreement shall be deemed valid and operative and, so far as is reasonable and possible, effect shall be given to the intent manifested by the provision held invalid or inoperative. In the event that any court of competent jurisdiction shall determine that any provision of this Agreement or the application thereof is unenforceable because of the duration or scope thereof, you and J. V. Grobarek Inc., DBA Fly of the Month Club agree that said court in making such determination shall have the power to reduce the duration and scope of such provision to the extent necessary to make it enforceable, and that the Agreement in its reduced form shall be valid and enforceable to the full extent permitted by law.
Waiver.
No course of dealing and no failure to act on any incident of breach under this Agreement shall be construed against J. V. Grobarek Inc., DBA Fly of the Month Club as a waiver of its right to act in the future. The waiver of any breach of any term or condition in this Agreement shall not be construed as a waiver of any subsequent breach of the same or any other term or condition. Any failure by J. V. Grobarek Inc., DBA Fly of the Month Club to enforce its rights or any failure to seek remedies for any breach of this Agreement will not prejudice J. V. Grobarek Inc., DBA Fly of the Month Club’s rights or available remedies for any subsequent breach by you.
Entire Agreement.
This Agreement comprises the complete and final agreement between You and J. V. Grobarek Inc., DBA Fly of the Month Club regarding the use of the site. When using the site, you represent that you have not relied on any previous representations, whether express or implied, oral or written, or any previous inducement or agreement of any nature. All prior agreements, representations, terms or conditions regarding the use of the site are canceled and superseded by this Agreement. No amendments or modifications of the terms and conditions of this Agreement shall be binding upon J. V. Grobarek Inc., DBA Fly of the Month Club unless or until reduced to writing by J. V. Grobarek Inc., DBA Fly of the Month Club and placed on the site.Copyright and Trademark