Rise Beyond Fly Fishing – Website Terms & Conditions

Effective Date: 11/6/2025
Operator: Rise Beyond Fly Fishing LLC (“Rise Beyond”), a Colorado limited liability company.
Applies To: All visitors, readers, subscribers, contributors, and users of risebeyondflyfishing.com and its associated digital products, including the River Whisper platform, Rise Beyond Podcast, blog, email lists, and social media channels (collectively, “the Website” or “the Platform”).

1. Acceptance of Terms

By accessing or using the Website, you agree to these Terms & Conditions (“Terms”) and all referenced policies (Privacy Policy, Affiliate Disclosure, Accessibility Statement). If you do not agree, do not use the Website.
Rise Beyond may modify these Terms at any time. Updates are effective upon posting. Continued use after updates constitutes acceptance.

2. Purpose of the Platform and Scope of Services

Rise Beyond Fly Fishing operates as a media, data, and technology company that provides:

Editorial fly-fishing content, including river reports, hatch forecasts, and angling guides;
Predictive river-condition analytics through the proprietary River Whisper Algorithm;
Podcasts, videos, and social-media materials focused on outdoor recreation; and
Marketplace and affiliate links connecting users to third-party businesses such as guides, shops, and gear providers.

Rise Beyond is not a guide service, outfitter, travel company, or licensed agent of any guide or landowner. It does not sell guided trips or guarantee access, conditions, or outcomes.
All content is for informational, entertainment, and educational purposes only. No statement or publication on the Website should be interpreted as safety advice, permission to trespass, or endorsement of any guide, shop, or product.

3. Ownership of Technology, Data, and Methods

(a) River Whisper Algorithm

The River Whisper Algorithm is a proprietary data-analysis and predictive modeling system developed by Rise Beyond Fly Fishing LLC.
It integrates publicly available datasets, including but not limited to:

U.S. Geological Survey (USGS) flow and gauge data;
Colorado Parks & Wildlife (CPW) hatch, temperature, and regulation data;
NOAA/NWS meteorological data; and
Historical hatch research and published entomological records.

The Algorithm applies statistical analysis, machine learning, and proprietary weighting formulas to estimate hatch likelihood, water temperature trends, and angler success probabilities. These outputs are scientific forecasts, not certified measurements.

Rise Beyond retains all ownership, copyright, trade-secret, and database rights in the Algorithm and its derivative outputs, including any aggregated or anonymized data used to improve performance. Reverse engineering, replication, or resale of Algorithm outputs or datasets is strictly prohibited.

(b) Use of Artificial Intelligence

Rise Beyond may use AI and natural-language models to generate summaries, narratives, or image captions derived from River Whisper or editorial data. All AI-generated content is reviewed and edited by humans prior to publication.
Users acknowledge that these outputs are hybrid human–machine creations intended for educational and entertainment use only, not for regulatory or safety reliance.

(c) Ownership and Reservation of Rights

All algorithms, databases, text, graphics, photographs, videos, and other intellectual property appearing on the Website are exclusively owned by Rise Beyond Fly Fishing LLC or its licensors. All rights are reserved under U.S. and international copyright and trade-secret law.

4. Intellectual Property and Permitted Use

Users are granted a limited, revocable, non-exclusive license to access and view Website content for personal, non-commercial use.
You may not:

Copy, reproduce, or distribute Website materials for commercial use;
Scrape or harvest Website data via bots, crawlers, or AI training models;
Frame, mirror, or embed Website pages without authorization;
Use any Rise Beyond name, logo, or likeness for endorsement or marketing purposes without written permission.

All rights not expressly granted are reserved. Unauthorized use may result in immediate termination of access and civil or criminal penalties.

5. Accuracy and Reliance Disclaimer

The Website provides fishing reports, hatch data, maps, and commentary intended to inform anglers. These materials are based on public data, personal observation, and user submissions.
Rise Beyond does not warrant that information is accurate, current, or complete. Environmental and access conditions change rapidly due to weather, water releases, and private land restrictions.

You agree that:

All predictions and “confidence scores” from River Whisper are best-effort estimates, not live measurements.
You are solely responsible for verifying conditions, flows, closures, and property rights through official sources (e.g., CPW, USGS, BLM, or local authorities).
Rise Beyond assumes no duty to update, correct, or verify third-party data.

6. Outdoor Safety, Access, and Liability Disclaimer

Fly fishing, wading, boating, and hiking involve inherent risks including drowning, hypothermia, wildlife encounters, slips and falls, weather events, and property damage.
Rise Beyond does not own or control any rivers, trails, or access points described on the Website and makes no representation that such locations are open, safe, legal, or accessible.

Users expressly agree that:

Visiting, wading, or fishing at any access point mentioned on the Website is done at their own risk.
Rise Beyond disclaims any liability for injuries, deaths, citations, trespassing incidents, or damages occurring on or near these locations.
Rise Beyond provides mapping, GPS, or “access recommendations” for general orientation only. They are not guarantees of public easement or maintained safety.
Always confirm access legality, land ownership, and safety conditions before entering any waterway or property.

By using the Website, you release Rise Beyond from all claims arising out of outdoor or recreational activities inspired or influenced by Website content.

7. User Accounts, Submissions, and Community Conduct

Users may create accounts, post comments, or upload photos and trip reports.
By submitting any content, you grant Rise Beyond a perpetual, worldwide, royalty-free, sublicensable license to use, modify, display, and distribute such content in any media.
You represent and warrant that:

You own or control all rights to the submitted material;
Your content does not infringe any copyright, trademark, privacy, or other right of any third party; and
Your conduct and submissions will not defame, harass, or mislead others.

Rise Beyond reserves the right to monitor, moderate, edit, or remove user submissions and to suspend or terminate any account for violations of these Terms or applicable laws.

8. E-Commerce and Affiliate Relationships

Rise Beyond may offer products, digital goods, or affiliate links through which it earns commissions. All purchases are subject to the Shop Terms & Conditions and third-party platform rules.
Rise Beyond discloses affiliate relationships in accordance with the FTC’s “Guides Concerning the Use of Endorsements and Testimonials in Advertising.”
Third-party transactions are between the buyer and seller only; Rise Beyond bears no responsibility for fulfillment, shipping, or returns.

9. No Warranty

THE WEBSITE, RIVER WHISPER ALGORITHM, CONTENT, AND ALL RELATED MATERIALS ARE PROVIDED “AS IS,” “AS AVAILABLE,” AND WITH ALL FAULTS.”
RISE BEYOND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
NO INFORMATION OR COMMUNICATION FROM RISE BEYOND SHALL CREATE A WARRANTY.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, RISE BEYOND AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES (INCLUDING LOST PROFITS, LOST DATA, OR PERSONAL INJURY) ARISING FROM USE OF THE WEBSITE OR RELIANCE ON ITS CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TOTAL AGGREGATE LIABILITY SHALL NOT EXCEED $100 USD OR THE AMOUNT PAID BY USER IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT, WHICHEVER IS GREATER.

11. Indemnification

You agree to defend, indemnify, and hold harmless Rise Beyond, its officers, members, employees, and affiliates from and against all claims, losses, damages, liabilities, and expenses (including attorneys’ fees) arising out of or related to:

Your use of or reliance on Website content;
Your violation of these Terms or law;
Your outdoor or recreational activities inspired by Website information;
Any User Content you provide; or
Your infringement or misappropriation of intellectual property.
Rise Beyond may assume the defense of any matter, and you agree to cooperate fully. This section survives termination.

12. Privacy and Data Protection

Rise Beyond acts as the data controller for the Website and operates under the Colorado Privacy Act and other applicable laws.

Data Collected: Personal info (name, email), usage data (IP, device, browser), and aggregated environmental data from River Whisper.
Use of Data: To operate and improve services, personalize content, and develop analytics. Rise Beyond does not sell personal data.
Security: Encryption, firewalls, and access controls are used to protect stored data.
Retention: Data retained only as long as necessary for legitimate purposes.
Rights: Access, correction, deletion requests via privacy@risebeyondflyfishing.com.
Cookies: Used for analytics; users may disable via browser.
Breach Notice: Users notified within 72 hours of confirmed breach.
Minors: Not directed to users under 16.
International Use: Data stored and processed in the United States.

13. Copyright and DMCA Protection

All creative works, data models, reports, images, podcasts, videos, and code on the Website are original works under 17 U.S.C. §102 and owned by Rise Beyond Fly Fishing LLC.

You may not copy, reproduce, modify, distribute, train AI models with, or reverse engineer any Website materials without express written consent.

DMCA Agent:
[Insert Name]
dmca@risebeyondflyfishing.com
[Mailing Address]
[Phone Number]

Takedown notices must meet 17 U.S.C. §512(c) requirements. Rise Beyond will remove infringing materials and may terminate repeat offenders.

14. Accessibility

Rise Beyond strives for accessibility consistent with WCAG 2.1 standards. Users needing assistance may contact accessibility@risebeyondflyfishing.com.

15. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Colorado.
Disputes will be resolved through binding arbitration under the Colorado Uniform Arbitration Act in Denver County, administered by the AAA.
Users waive participation in class or collective actions.
Either party may seek injunctive relief to protect intellectual property or confidential information.

16. Force Majeure

Rise Beyond is not responsible for delays or failures caused by events beyond its control, including fires, floods, acts of nature, government restrictions, or telecom failures.

17. Updates and Termination

Rise Beyond may update these Terms without prior notice. Continued use signifies acceptance. Rise Beyond may suspend or terminate Website access at any time without liability.

18. Contact Information

risebeyondflyfishing@gmail.com

Rise Beyond Fly Fishing LLC

19. Electronic Acknowledgment

By accessing the Website, you acknowledge that you have read, understood, and agreed to these Terms, including all disclaimers of liability and assumption of risk, and that your use constitutes an electronic signature enforceable under the U.S. Electronic Signatures in Global and National Commerce Act and the Colorado Uniform Electronic Transactions Act.