Terms Of Use

CONTENT

All of the content on Costa del Mar Website including product images, trademarks, illustrations, designs, icons, photographs, artwork, images, and any video and/or audio materials are copyrights, trademarks, and other intellectual property owned, controlled, exclusively by Costa del Mar Inc. and its subsidiaries and affiliates (“Costa del Mar”).

The contents of Costa del Mar Website is intended for the personal and non-commercial (aside from purchases by you from our Website) use by visitors to the Website. You may not copy, reproduce, publish, transmit, or otherwise use any copyrighted or trademarked materials present on this Website without prior written consent. This includes using Costa del Mar trademarks for metatags, in hidden text or otherwise using the trademarks for the purposes of gaining a higher ranking from search engines. Costa del Mar retains all rights in its copyrights and trademarks, trade names, brand names, and trade dress depicted on this Website. You should be aware that Costa del Mar lawyers will aggressively enforce all these intellectual property rights in the content.

LINKING

Links may be established on Costa del Mar Website to those owned by third parties. Costa del Mar does not control any such third party sites and is not responsible for any damages you may suffer from using such third party sites. Linking to Costa del Mar Website is prohibited without Costa del Mar prior written consent.

REVISIONS

Costa del Mar may, from time to time, make revisions to its Website, and reserves the right to do so without recourse from any user.

FEEDBACK

FEEDBACK

MATTER YOU MAY SUBMIT TO COSTA DEL MAR

From time to time Costa del Mar may make available on this Website bulletin boards, chat rooms, comment areas, billboards, forums, news groups, postings sections or similar communications facilities. In such instances, Costa del Mar welcomes your comments regarding our merchandise and services, including our Website. However, any notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Costa del Mar must not harass, slander, malign, libel, defame, threaten, or otherwise violate any rights of any third-parties and must not include any profanity, obscene, indecent, pornographic, defamatory or unlawful material.

Any and all notes, messages, billboard postings, ideas, suggestions, or other material which you submit to Costa del Mar will become, upon your submission, the sole and exclusive property of Costa del Mar and Costa del Mar shall be and is entitled to use any kind and nature of material which you submit for any type of use in perpetuity, and including in any and all media whether now known or hereafter devised. By submitting material to this Website, you are agreeing and you do agree that Costa del Mar has the right to publish any such material for any type of use as outlined above including for promotional and advertising purposes, without compensation of any kind to you. As a result, we must ask that you do not send us any original creative materials such as stories, product ideas, catalog ideas, or original artwork. However, if you choose to do so, you are forever assigning all rights in such original creative materials to Costa del Mar. By submitting any materials of any kind to Costa del Mar, you represent and warrant that you hold all necessary right, title and license to such materials and that your submission of such materials to Costa del Mar does not and will not violate or infringe the rights of any third-parties.

Costa del Mar has no obligation to monitor the bulletin board services, chat rooms, postings sections, news groups, forums, communities and/or other message or communication facilities. However, Costa del Mar reserves the right at all times and in its sole and absolute discretion, to disclose any information deemed by Costa del Mar necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part.

You acknowledge that communications to or with bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities are not private communications, therefore others may read your communications without your knowledge. You should always use caution when providing any personal information about yourself or your children. Costa del Mar does not control or endorse the content, messages or information found in any bulletin board services, chat areas, news groups, forums, communities and/or other message or communication facilities and, specifically disclaims any liability with regard to same and any actions resulting from your participation. To the extent that there are moderators, forum managers or hosts, none are authorized Costa del Mar spokespersons, and their views do not necessarily reflect those of Costa del Mar.

Any communication or material you transmit to the Website by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as otherwise may be stated in our Privacy Policy. Anything you transmit or post may be used by Costa del Mar or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Costa del Mar is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Website for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.

You agree to fully indemnify Costa del Mar, its shareholders, officers, directors, employees, agents, distributors, vendors, subsidiaries and affiliates from and against any and all third party claims, demands, liabilities, costs or expenses, including reasonable attorneys' fees, resulting from your breach of any of these terms and conditions, including, but not limited to, any allegations, damages or claims relating to any of your postings or communications in any forums or facilities on the Website, or for infringement or violation of any third-party rights.  
 

DISCLAIMER

This Website, its content, and any associated services are provided by Costa del Mar, inc. or its subsidiaries and affiliates (“Costa del Mar”) on an “as is” and “as available” basis. Costa del Mar makes no representations or warranties of any kind, express or implied, as to the operation of this Website, to the information, content, materials or products included on this Website, or to the functionality of any services associated therewith. To the fullest extent permissible by applicable law, Costa del Mar disclaims any and all implied warranties, including but not limited to implied warranties of title, merchantability and fitness for a particular purpose, of workmanlike effort, of suitability, availability, accuracy, reliability, completeness or timeliness of content, or of non-infringement, as well as warranties arising through course of dealing or usage or trade. Further, Costa del Mar makes no representations or warranties that this Website and/or its contents are accurate, complete, reliable, current or error-free, or that any disclosures on this Website satisfy government regulations regarding the disclosure of information related to certain products. Costa del Mar is not responsible for typographical errors or omissions relating to pricing, text, photography or any other contents on this Website.

By using the Costa del Mar Website, you acknowledge that your use of the Website, including your use of any and all associated content, data or software distributed by, downloaded or accessed from or through this Website, and any associated services is solely at your own risk. Costa del Mar does not warrant or guarantee that its Website, servers or e-mails sent by or on behalf of Costa del Mar are free of viruses, worms or other harmful components. Further, Costa del Mar does not guarantee the continuous, uninterrupted and error-free operation of its Website, nor that all communications between you and Costa del Mar, or between you and any other user of the Website, will be secure from access or interference by third parties.

Costa del Mar will not be liable for any damages of any kind arising from or otherwise related to your use of or inability to use this Website or the associated services, including but not limited to direct, indirect, incidental, punitive and consequential damages, even if Costa del Mar has been advised of or should have known of the possibility of such damages. Without limiting the foregoing, Costa del Mar will not be liable for any damage to your computer, telecommunication equipment, or other property caused by or arising from your accessing or use of this Website, or from your downloading of any materials from this Website, or for any damages arising out of a third party’s unauthorized access to and use of your personal information stored on Costa del Mar or its affiliates’ computers and/or servers. In no event shall the aggregate liability of Costa del Mar, its parent, subsidiaries or affiliates — whether in contract, warranty, tort (including but not limited to negligence), product liability, strict liability or other theory — arising out of or relating to the use of this Website exceed the lesser of EUR10, or the total amount you paid to Costa del Mar.

Certain local laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitation may not apply to you, and you may have additional rights.
 

CONTROLLING LAW

This Website is controlled and operated by Costa del Mar since its headquarters in Italy. These terms of use shall be construed in accordance with the laws of Italy without regard to any Conflict of Law Provision. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of Italian law.

COSTA DEL MAR PRO PROGRAM

Please review the following Terms and Conditions for Participation in Costa's Pro Program. These Terms and Conditions are subject to change without notice in Costa's sole and absolute discretion.

•    All Costa del Mar Pros must be a FULL-TIME fishing guide, captain, or tournament angler whose main source of income comes from being on the water OR be an active member of a Costa College Bass or TU Costa 5 Rivers Fly Fishing Club.
•    The Costa del Mar Pro Program is only available to those living in Austria, Belgium, Cyprus, Estonia, Finland, France, Germany, Greece, Ireland, Italy, Latvia, Lithuania, Luxemburg, Malta, Netherlands, Portugal, Slovakia, Slovenia & Spain.
•    All Costa del Mar Pros must remain on Costa's email communication list throughout their participation in the Costa del Mar Pro Program.
•    Costa del Mar Pro accounts are for PERSONAL USE ONLY. Your account is solely for you and your purchases will be monitored according to gender and sizing. Products purchased using a Costa del Mar Pro discount SHALL NOT be used as gifts or resold. Failure to abide will result in permanent removal from the Costa del Mar Pro Program.
•    Products purchased through the Costa del Mar Pro Program are for personal use only and are not to be resold or distributed. Users found to be reselling product purchased from the Pro Site will be terminated from the program and may face further investigation.
•    Your Costa del Mar Pro Program Agreement is Confidential. Please BE DISCREET in regards to rewards and other privileged information. Failure to maintain confidentiality will result in permanent removal from the Costa del Mar Pro Program.
•    Once accepted, all Costa del Mar Pros must complete a training session and pass a short quiz in order to access the Costa del Mar Pro Program Rewards.
•    Participation in the Costa del Mar Pro Program is not guaranteed and may be revoked at any time in Costa's sole and absolute discretion.
•    All Costa del Mar Pros must re-apply to the Costa del Mar Pro Program annually.