YOU ACCEPT AND AGREE TO BE BOUND BY THIS AGREEMENT BY ACKNOWLEDGING SUCH ACCEPTANCE DURING THE REGISTRATION PROCESS (IF APPLICABLE) AND ALSO BY CONTINUING TO USE THE SITE. IF YOU DO NOT AGREE TO ABIDE BY THIS AGREEMENT, OR TO MODIFICATIONS THAT COMPANY MAY MAKE TO THIS AGREEMENT IN THE FUTURE, DO NOT USE OR ACCESS THE COMPANY SERVICES OR THE SITE.
NOTE: THIS AGREEMENT CONTAINS A BINDING ARBITRATION CLAUSE THAT AFFECTS YOUR RIGHTS AND HOW DISPUTES ARE RESOLVED. BY USING THE SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT, INCLUDING THE WAIVER AND ARBITRATION CLAUSES; PLEASE READ CAREFULLY. CAPITALIZED TERMS USED IN THIS AGREEMENT MAY BE DEFINED AFTER THE FIRST USE OF SUCH TERMS.
This Agreement the references incorporated herein set forth the entire understanding between the parties and merges and supersedes all prior discussions, understandings, and agreements of any and every nature between them.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Company to any registration requirement with such jurisdiction or country. Accordingly, users who choose to access the Site do so on their own initiative and are solely responsible for compliance with local laws.
You agree that you are at least 18 years of age and able to enter a binding legal obligation.
Company reserves the right in Company’s sole discretion and without limitation, but does not have the obligation, to:
- A. Refuse or restrict access to or availability of, or disable (to the extent technologically feasible) any user’s contribution or any portion thereof that may violate this Agreement or Company policy;
- B. take appropriate legal action against anyone who, in Company’s sole discretion, violates this Agreement, including without limitation, reporting such user to law enforcement authorities;
- C. monitor the Site for violations of this Agreement;
- D. remove from the Site or otherwise disable all files and content that are excessive in size or in any way burdensome to the Company’s systems;
- E. otherwise manage the Site in a manner designed to protect the rights and property of Company and others to facilitate the proper functioning and use of the Site;
- F. terminate or suspend your use of the Site at any time, without notice, without liability to us, and without recourse if you are in breach of the Agreement, we suspect you are breaking the law or infringing on third-party rights, we suspect fraud in the information provided, or for any other reason at our sole discretion.
ACCESSING THE SITE
THE SITE, COMPANY, AND COMPANY SERVICES COMPRISE AN ONLINE E-COMMERCE MARKETPLACE THROUGH WHICH OPERATORS CREATE THE LISTINGS AND TRIPS THEY OFFER. YOU UNDERSTAND AND AGREE THAT COMPANY IS MERELY PROVIDING AN INTRODUCTORY SERVICE SHOWING THE AVAILABLE LISTINGS OF CERTAIN OPERATORS. CUSTOMERS MAY LEARN ABOUT AND SCHEDULE A TRIP DIRECTLY WITH THE OPERATOR. YOU UNDERSTAND AND AGREE THAT COMPANY AND AFFILIATES ARE NOT PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN OPERATORS AND CUSTOMERS, NOR IS COMPANY AN AGENT OR INSURER OF ANY OPERATOR OR CUSTOMER. COMPANY HAS NO CONTROL OVER THE CONDUCT OF OPERATORS, CUSTOMERS AND OTHER USERS OF THE SITE OR SERVICES OF ANY OPERATOR LISTING, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
Users of the Site are granted access to services and content provided by the Company for the purposes of advertising a trip, searching for a trip, researching for the purpose of inquiring about a purchase, and purchasing any of the services offered on the Site. Unless explicitly specified otherwise, the Company’s responsibilities are limited to facilitating the availability of the Site and Company Services.
Operators who wish to create a listing shall agree to create their listing with accurate information about themselves and/or their company. If applicable, you must have an active, current fishing and/or boating license at the time of listing and at the time of the Customer’s trip with you. Operator agrees that any trip offered is in compliance with all applicable laws, including, but not limited to, maritime laws and intellectual property laws. Company recommends Operators obtain adequate comprehensive liability insurance for the protection of their Customers for their trips.
When a trip is requested by a Customer, Operators shall respond within twenty-four (24) hours to accept or decline the trip request. Any request not accepted or declined will automatically expire and result in a lower search ranking for your profile; any funds collected will be refunded to the Customer. Requests denied due to Customer’s not following Operator’s terms and conditions or boat rules will not affect your search ranking. When a request is accepted or confirmed the Company will send you a confirmation email with trip details. When a request is denied this will result in a lower search ranking for your profile. Multiple declined requests may result in Company suspending your profile and listing with the Company. The Company reserves the right to terminate accounts, refuse service, and suspend accounts in its sole discretion and timing for reasons including, but not limited to: unprofessional behavior towards Company staff or Customer, multiple declined requests, and multiple cancelled bookings.
You acknowledge your sole responsibility for honoring any confirmed trips purchased through the Site. You agree that you (and not the Company or its affiliates) are responsible for performing the obligations of any such agreements with Customers, including refunds due Customers by you. The booking calendar is a unique feature to the Site in that it may link directly to Operator’s website and act as a single booking calendar. You agree that Company is not responsible for any Operator errors in scheduling trips. Operators may cease participation with the Site at any time and without cause. Should you wish to close your listing, send email notification to us and we will make reasonable efforts to process your request.
You are responsible for knowing and including applicable sales tax in your trip prices.
We do not guarantee that an Operator’s listing will appear in any specific order in a Customer’s search results. Search order and ranking is determined by a variety of factors including, but not limited to: search parameters, listing quality, frequency of calendar updating, Operator response time, non-acceptance of provided booking leads, listing history, trip capability, compliance with the Site, favorable Customer reviews, sharing fishing reports and trip photos/catches with the Company, and other factors that we deem important in our own discretion. We reserve the right to apply various algorithms to best match potential Customer with the overall marketplace. We retain the right to run different algorithm patterns to best improve our matching process.
Customers may browse the Site as a viewer, but upon inquiring or purchasing a trip you must provide your own Personal Information to the Site. Customers who are purchasing a trip agree to provide accurate information to Operators about themselves (and their company when applicable) with the Site. The Operators, not the Company or Site, are solely responsible for honoring any confirmed trips and making available any trips scheduled through the Company Services. If you choose to enter into a transaction with an Operator for a trip, you agree and understand that you will be required to enter into an agreement with the Operator and agree to accept any terms, conditions, rules and restrictions associated with such trip as imposed by the Operator.
Total cost of a trip will be displayed upon request of a trip; including any required taxes and fees. At the time of booking, the scheduled trip must be paid with either a deposit or in full (100%). If a trip is not accepted by an Operator, any amounts collected will be refunded to the Customer. Once a trip is confirmed, you will receive a confirmation email with trip details directly from the Operator and Company.
AS STATED ABOVE, THE SITE, COMPANY, AND COMPANY SERVICES COMPRISE AN ONLINE E-COMMERCE MARKETPLACE THROUGH WHICH OPERATORS AND CUSTOMERS CONNECT DIRECTLY. THE COMPANY DOES NOT CONTROL THE CONTENT OF ANY OPERATOR LISTING AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY OPERATOR (though it is the goal of the Company to provide the best-possible providers of fishing charter and guide services). WE ARE NOT RESPONSIBLE FOR AND DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND TRIPS. ANY TRIPS PURCHASED BY A CUSTOMER ARE MADE AT YOUR OWN RISK.
USE OF SITE
Company has made available this Site with various functions, tools and services for your use. Users are asked to register as an Operator or a Customer in relation to fishing trips and services.
Regarding Your Registration
By using the Company Services, you represent and warrant that:
- A. all registration information you submit is true, accurate, current and complete information about yourself;
- B. you will maintain and promptly update information to keep it true, accurate, current and complete;
- C. you will only use the Site to make legitimate fishing charter, trip, outfitter, or guide postings or requests;
- D. you will keep your password confidential (if applicable) and will be responsible for all use of your password and account;
- E. you are at least 18 years of age; and
- F. your use of the Company Services does not violate any applicable law or regulation.
IF YOU PROVIDE ANY INFORMATION THAT IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE, OR COMPANY HAS REASONABLE GROUNDS TO SUSPECT THAT SUCH INFORMATION IS UNTRUE, INACCURATE, NOT CURRENT, OR INCOMPLETE, COMPANY HAS THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF THE SITE (OR ANY PORTION THEREOF).
We reserve the right to remove, change, or reclaim a user name you select if we determine appropriate in our discretion, such as when the user name is obscene or otherwise objectionable or when a trademark owner complains about a username that does not closely relate to a user’s actual name.
Users of the Site agree to abide by all laws, rules and regulations applicable to their use of the Site, and any transaction entered upon as a result of the Site. Operators further agree to abide by all laws, rules and regulations relating to taxes, credit cards, data and privacy, permits or license requirements, safety regulations, and anti-discrimination laws, as applicable. The Company assumes no liability for the actions of users, Customers, or Operators. There may be circumstances where we are legally obligated (decided in our own sole discretion) to provide information relating to Customers or Operators in order to comply with the government in investigations, litigations, or administrative proceedings.
Users of the Site agree to not harass, threaten, intimidate, or impersonate other users of the Site. You may not use the Site for any illegal or unauthorized purpose, including making intentional inaccurate listings or trips. Users agree that any comments or reviews are original work and are relevant and helpful to a viewer. The Site is not responsible for any comments or reviews and retains the right to edit or remove in our sole discretion.
CONTENT ON THE SITE
The Site may invite you to participate in online listings, forums, message boards, blogs and other functionality and may provide you with the opportunity to create, submit, post, transmit, display, publish, distribute or broadcast content and materials to the Company and/or via the Site, including, without limitation, text, writings, video, audio, photographs, graphics, comments, suggestions or personally identifiable information or other material (collectively “Content”). When you create or make available Content, you thereby represent and warrant that:
- A. you are the responsible party for the content of your listing and/or posting. You are the creator and owner of, or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize Company and the Site users to use, your Content as necessary to exercise the licenses granted by you under this Agreement.
- B. Photographs submitted by Operators should be original work for which Operators hold copyright rights; any people shown in the photograph shall have given permission for their likeness to be displayed in an online marketplace; the photograph accurately and fairly represents the subject and has not been altered in any way to mislead a viewer; and Operator will indemnify and hold harmless the Company from any breach of Operator’s warranty or representation.
- C. the creation, distribution, transmission, public display and performance, accessing, downloading, and copying of your Content does not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party;
- D. you have the written consent, release, and/or permission of each and every identifiable individual person in the Content to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Content in the manner contemplated by this Site;
- E. your Content is not obscene, defamatory, violent, harassing, pornographic, or otherwise objectionable (as determined by the Company), libelous, does not mock, ridicule, disparage, intimidate, or abuse anyone, does not incite, encourage, or threaten physical harm against another, does not violate any applicable law, regulation, or rule, and does not violate the privacy or publicity rights of any third party;
- F. your content is relevant to trip, listing, charter or travel experience;
- G. your Content does not contain material that solicits Personal Information from anyone under 18 or exploit people under the age of 18 in a sexual or violent manner, and does not violate any federal or state law concerning child pornography or otherwise intended to protect the health or well-being of minors;
- H. your Content does not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap;
- I. your Content does not otherwise violate or link to material that violates, any provision of this Agreement or any applicable law or regulation.
By submitting or authorizing Content to the Site (including photos, videos, questions, comments, and reviews) you grant us and our affiliates unconditional, unlimited, perpetual, non-exclusive, unrestricted, irrevocable, transferable, fully-paid, and royalty-free, worldwide right and license to host, use, copy, reproduce, adapt, translate, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, sublicense, reformat, translate, transmit, excerpt (in whole or in part) and distribute such Content (including, without limitation, all images and voices contained within your Content) for any purpose, commercial, advertising, or otherwise, to prepare derivative works of, or incorporate into other works, such Content. The use and distribution may occur in any media formats and through any media channels, including third party or social media sites. Such use and distribution license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names and logos, personal and commercial images you provide. Company does not assert any ownership over your Content; rather, as between Company and you, subject to the rights granted to us in this Agreement, you retain full ownership of all of your Content and any intellectual property rights or other proprietary rights associated with your Content.
We reserve the right, in our sole and absolute discretion, to (a) re-categorize any Content to place it in more appropriate locations, (b) pre-screen or delete any Content that we determine to be inappropriate, or (c) edit, change, or remove Content from the Site at any time without prior notice.
You acknowledge and agree that any questions, comments, suggestions, ideas, reviews, feedback, or other information about the Site or the Company Services (“Submissions”) provided by you to Company are non-confidential and Company (as well as any designee of Company) shall be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You agree that Company has no obligation to review or consider any Submissions.
You agree that the Company has the right to pursue by law any person or entity that violates your or Company’s rights in the Submissions by a breach of this Agreement. Company assumes no responsibility or liability for any Submissions posted or listed by you.
. If you do not concur with this Agreement, do not provide us with any Submissions.
GUIDELINES FOR REVIEWS
We encourage Customers to post reviews of Operators’ trips and listings in accordance with the criteria below. Company may accept, reject, or remove reviews in its sole discretion. Company has absolutely no obligation to screen reviews or delete reviews, even if someone considers a review objectionable or inaccurate.
Customers’ posting reviews should comply with the following criteria:
- A. reviewers should have first-hand experience with the person/entity being reviewed;
- B. reviews should not contain: offensive language, profanity, or abusive, racist, or hate language; discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; or references to illegal activity;
- C. reviewers should not be affiliated with a competitor if posting negative reviews;
- D. reviewers should not make any conclusions as to the legality of conduct; and
- E. reviewers must not post any false statements.
CUSTOMER REVIEWS DISPLAYED ON THE SITE ARE INTENDED AS GENERAL GUIDELINES. COMPANY CAN NOT GUARANTEE THE ACCURACY OF CUSTOMER REVIEWS. REVIEWS ARE NOT ENDORSED BY COMPANY AND DO NOT REPRESENT THE VIEWS OF THE COMPANY OR OF ANY AFFILIATE OR PARTNER OF COMPANY. COMPANY DOES NOT ASSUME LIABILITY FOR ANY REVIEW OR FOR ANY CLAIMS, LIABILITIES, OR LOSSES RESULTING FROM ANY CUSTOMER REVIEW. BY POSTING A REVIEW, THE REVIEWER HEREBY GRANTS TO COMPANY A PERPETUAL, NON-EXCLUSIVE, WORLDWIDE, ROYALTY-FREE, ASSIGNABLE, AND SUB-LICENSABLE LICENSE TO COMPANY TO REPRODUCE, MODIFY, TRANSLATE, TRANSMIT, DISPLAY, PERFORM AND/OR DISTRIBUTE ALL CONTENT RELATING TO REVIEWS.
You may not access or use the Site for any purpose other than that for which Company makes it available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by Company. Prohibited activity includes, but is not limited to:
- A. attempting to bypass any measures contained on the Site designed to prevent or restrict access to the Site, or any portion of the Site;
- B. attempting to impersonate another user or person or using the username of another user;
- C. making fraudulent, false, or speculative trip requests or reservations in anticipation of demand;
- D. criminal or tortious activity;
- E. deciphering, decompiling, disassembling or reverse engineering any of the software comprising or in any way making up a part of the Site;
- F. deleting the copyright or other proprietary rights notice from any Site Content;
- G. creating a deep-link to any portion of the Site without expressed written consent by the Company;
- H. engaging in any automated use of the system, such as any right of collection, copying, duplication, display or any derivative use of data mining, robots, spiders or similar data gathering and extraction tools without prior written permission. Note: a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they do so from a stable IP address or range of IP addresses using an easily identifiable agent.;
- I. harassing, annoying, intimidating or threatening or using any information obtained from the Site in order to harass, abuse, or harm any Customer, Operator, Company employee, agent, or affiliate engaged in providing any portion of the Company Services to you;
- J. interfering with, disrupting, or creating an undue burden on the Site, networks, links, or affiliates connected to the Site;
- K. making any unauthorized use of the Company Services, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses;
- L. tricking, defrauding, or misleading Company or other users, especially in any attempt to learn sensitive account information such as passwords;
- M. using Company Services as part of any effort to compete with Company;
- N. using the Site in a manner inconsistent with any and all applicable laws and regulations.
COMMUNICATION AND USE OF PERSONAL INFORMATION
You consent to accept and receive communications from Company, including e-mail, text messages, calls, and push notifications to the cellular telephone number you provide to us when you sign-up for a FishAnywhere.com account or update the contact information associated with your account. Such communications may include, but are not limited to requests for secondary authentication, receipts, reminders, notifications (regarding trip bookings, updates to your account or account support), and marketing or promotional communications. You acknowledge that you are not required to consent to receive promotional texts or calls as a condition of using the Company Services. Call and text message communications may be generated by automatic telephone dialing systems. Standard message and data rates applied by your cell phone carrier may apply to the text messages we send you.
You may opt-out of receiving promotional email communications we send to you by following the unsubscribe options on such emails. You may opt out of any promotional phone calls by informing the caller that you would not like to receive future promotional calls. You may also opt-out of text messages from FishAnywhere.com at any time by un-checking the “I consent to receive SMS messages” box in your profile. You acknowledge that opting out of receiving communications may impact your use of the Company Services.
Once a trip is scheduled, both Customer and Operator will receive from Company a detailed itinerary. You agree to confirm that all trip details are accurate, including, but not limited to, name, date, time, and location. If, at the scheduled time of trip, there is an issue, you agree to contact the Operator/Customer directly; only contact Company if communication efforts are unsuccessful. Company can be reached at 833-446-3474 for such situations to help resolve the situation during normal business hours.
Operator agree that any Personal Information obtained either directly or indirectly from or through the Company with respect to Customer’s Personal Information will be used for the purposes of: (a) trip related communications that are not unsolicited commercial messages, or (b) using Company Services offered through the Site. You may not use any such information for any unlawful purpose or with any unlawful intent. You agree to protect such Personal Information with the same care and degree that you protect your own confidential information or at the very least with a reasonable standard of care.
Spam or unsolicited commercial communications of any kind are not tolerated by the Company or its affiliates. Therefore, you are not licensed to add Personal Information to a mailing list or database without the Customer’s express consent. You may not use any resource or service on the Site to send spam or unsolicited commercial communications of any kind that would violate this Agreement.
You agree that Company does not assume any responsibility for confirmation of a Site user’s identity. We encourage Operators and Customers to communicate directly with each other, even though this does not verify the identity of the user; take reasonable measure to verify identity and relevant details of the scheduled trip.
YOU AGREE AND ACKNOWLEDGE THAT (1) NEITHER COMPANY NOR ITS AFFILIATES WILL HAVE ANY LIABILITY TO ANY USER FOR UNAUTHORIZED TRANSACTION MADE USING FALSE IDENTITY; AND (2) YOUR UNAUTHORIZED AND FRAUDULENT USE OF THE SITE COULD CAUSE YOU TO INCUR LIABILITY TO BOTH COMPANY AND OPERATOR.
INTELLECTUAL PROPERTY RIGHTS
The Content and the trademarks, service marks, and logos contained therein (“Marks”) are owned by or licensed to Company. Content is subject to copyright and other intellectual property rights under United States and foreign laws and international conventions.
Content on the Site is provided to you “AS IS” for your information and personal use only and may not be used, copied, reproduced, aggregated, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective Content owner. Provided that you are eligible to use the Site, you are granted a limited license to access the Site and the Content and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. Company reserves all rights not expressly granted to you in and to the Site and Content and Marks.
SOFTWARE AVAILABLE ON SITE
Company may make available to you the download files and images contained or generated by the software and accompanying data (“Software”) either through the Site or a third-party site. Software is the copyrighted work of the Company or licensed to Company; Company grants you limited, personal, non-exclusive, nontransferable, non-assignable, non-sublicensable, revocable license to access and make personal use of such Software for purposes related solely to this Site and for no other purpose.
You agree that all Software, including without limitation, all HTML code contained on the Site is owned by or legally licensed to the Company and is protected by copyright laws and international treaty provisions. Any redistribution or reproduction of the Software is strictly prohibited and may result in civil or criminal penalties. Violators will be prosecuted to the fullest extent of the law.
WITHOUT LIMITING THE FOREGOING, REPRODUCTION, OR COPYING, OR TRANSFERRING OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION IS EXPRESSLY PROHIBITED.
If, in good faith, you believe that Content hosted by the Site infringes your copyright, send us a written notice with the following:
- a clear identification of the Content you claim is protected by your copyright;
- a clear identification of Company’s use of the Content you claim is protected by your copyright, including information that will allow us to locate the Content on the Site;
- your contact information, including name, email, and/or mailing address;
- a statement that you have a “good faith belief that the Content that is claimed as a copyright infringement is not authorized by the copyright owner, its agent, or the law”;
- a statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is the owner or is authorized to act on behalf of the owner the copyright that is allegedly infringed”;
- the notice must be signed by the owner or the person authorized to act on behalf of the owner of the copyright that is allegedly infringed.
Notices should be sent to the Company contact listed in this Agreement. Company will review and address all notices that comply with the requirements above. We suggest you consult a legal advisor prior to filing notice or counter-notice; you may be liable for any damages incurred from a false claim of copyright infringement.
Company does not tolerate false claims of copyright infringement. If you believe that Content was mistakenly removed due to false claim of copyright infringement, submit a DMCA Counter-Notice. Upon receiving notification, Company will forward to complaining rights owner. In the United States, the DMCA allows Company to restore Content if the rights owner does not file a court action against you within ten (10) business days after receiving the counter-notice.
To file a counter notification with Company, you must provide the following:
- a clear identification of the Content that was removed; indicate where Content appeared on the Site
- your contact information, including name, email and/or mailing address, and telephone number
- a statement that you consent to the jurisdiction of Federal District Court in your area; if your address is outside the United States, then the jurisdiction and exclusive venue of the state courts of Orange County, Florida
- a statement that “I swear, under penalty of perjury, that I have good faith that the Content identified above was removed as a result of mistake or misidentification.”
- your signature
Notices should be sent to Company contact listed in this Agreement. Company will review and address all notices that comply with the requirements above. We suggest you consult a legal advisor prior to filing notice or counter-notice; you may be liable for any damages incurred from a false claim of copyright.
THIRD PARTY SITES
The Site includes links to other sites (“third party sites”) – external websites operated by those not associated with the Site or its affiliates; as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “third party content”). Such third-party sites and third-party content are not investigated, monitored or checked by us for accuracy, appropriateness, or completeness, and you agree that we are not responsible or liable for any third party content or claims represented by these third-party sites; that we are not responsible to any transactions between you and these third-party sites; and that we are not responsible for any loss or claims due to your interaction with these third-party sites. Our inclusion of third-party sites does not imply any endorsement or association with any Operators.
If you decide to leave the Site and access a third-party site or to use or install any third party content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through third party sites will be through other websites and from other companies, and Company takes no responsibility whatsoever in relation to such purchases, which are exclusively between you and the applicable third party.
TRIP LOCATIONS/GOOGLE MAPS
Trip location sites of confirmed and scheduled trips are created by Operators; Company cannot guarantee accuracy of user-created content. Operator has sole responsibility to review and verify the accuracy of location. Maps provided on the Site that are provided by Google are subject to Google Maps terms and conditions located here
FINANCIAL TERMS & TRANSACTION
Prices shown are listed in the currency of United States dollars; all monies are processed within the United States.
All money is paid through the Site via credit or debit cards through Stripe, Inc., Affirm, or PayPal. At time of booking, Customers choose which payment processing to use. By providing payment information you are agreeing that you are the authorized user of the debit or credit card, Affirm or PayPal account and that all information provided is complete and accurate; and authorize us to share your personal information with Stripe, Inc., Affirm, or PayPal, in order to facilitate the payment process. The Third-party payment processing company you opt for may impose certain fees or charges, it is your obligation to review such fees.
For credit or debit card payments, the Site uses Stripe, Inc. By using the Site, you are agreeing to this Agreement as well as Stripe’s Terms of Service
When using Affirm, you are agreeing to this Agreement as well as their policies; please refer to their Terms
for more information.
By using PayPal to pay for your fishing trip, you are agreeing to this Agreement as well as PayPal’s User Agreement
Online Payment For Customers – Including Taxes And Fees
The Site publishes trip rates provided by Operators to facilitate the scheduling of reservations on a Customer’s behalf. The cost displayed on the Site is a combination of trip rate, taxes, and the fee retained by Company for providing the Company Services. You authorize Company to schedule reservations for the total cost of trip and authorize Company to charge you either a deposit or full cost of trip at time of transaction.
Trip prices are liable to change at any time, but will not affect trips already confirmed. Despite our best efforts, some trips may be listed inaccurately; we reserve the right to correct any pricing errors or pending trips requested with an inaccurate price. If available, we will offer the pending trip at the correct price or cancel the request.
If satisfied with the trip and services, Customers are encouraged to pay gratuity to Operators. Gratuity is not included in cost of trip. For gratuity suggestions, reference our FAQs
Payout For Operators – Including Taxes
Operators receive final payment either directly from the Customer at time of trip OR through Company’s credit card or PayPal twenty-four (24) hours after completed trip per standard processing times. Operators requesting check payment will be mailed the full trip payment one (1) day after the completed trip (an additional fee of $45 will be incurred for this payment method). When receiving payment from Company, Operators decide which payment method they would like to receive payout upon registering with the Site.
Operators list available trips on the Site at a price determined by them, along with noting any required local sales tax(es) to be collected by Operator. Company is not obligated to determine whether taxes apply and is not responsible to collect, remit, or report any applicable taxes. Operators are solely responsible for determining (I) Your applicable tax reporting requirements, and (II) the taxes that should be included and collected or obligations relating to applicable taxes. Operator is solely responsible for collecting and remitting to the relevant authority any taxes included or received by Customer. Company does not remit taxes to applicable taxing authorities. Operators are not agents or employees of the Company, nor is Company a co-operator with any listing.
Company may become aware of a Customer’s attempt to conduct a transaction with an unauthorized or fraudulent payment method. We will prevent or assist in avoiding such transactions, if known to us, but assume no liability or responsibility to do so. And whenever possible, we will make every effort to inform Operators of any such actual or suspected activity.
Any payment to the Operator by the Company will be repaid within 7 days to the Company should the Operator not be able to perform their services for the Customer for any reason (except for a Customer’s default), if the Company has had to refund all or a portion of the trip payment back to the Customer. Operator’s failure to timely refund such amounts to Company will allow Company to pursue every legal remedy for full repayment from the Operator.
By purchasing a trip, the Customer agrees to the cancellation and no-show policy of the Operator and to any of Operator’s additional terms that may apply. Each Operator shares their cancellation policy on their listing page. In the event of a trip cancellation, a refund will be issued (if applicable) per the Operator’s cancellation policy minus any credit card transaction fees incurred by the Company. Customer deposit is refundable for any cancellations made 30 days or more before trip date, or cancellations due to weather or medical emergencies. Customers are encouraged to read each Operator’s cancellation policy thoroughly before requesting a trip. Neither the Company nor its affiliates shall offer or pay refunds or discounts for any missed or unused trips by the Customer’s own fault.
Operators have sole responsibility for the safety of all people onboard the trip; in the event that the trip is no longer safe due to, but not limited to, weather or failure of machinery or equipment, Operator has the right cancel the trip in whole or in part. Operator may also offer alternative arrangements if available; Customer has the right to accept alternative arrangement in place of trip already purchased; or decline an alternate trip and receive a refund of the cost of the trip paid by a Customer.
A refund will also be issued to the Customer if an Operator is a no-show. An Operator no-show is subject to review process, with possible removal of the non-compliant Operator from the Site. Any payment to the Operator by the Company will be repaid within 7 days to the Company should the Operator not be able to perform their services for any reason (except for a Customer’s default), and if the Company has had to refund all or a portion of the trip payment back to the Customer. Operator’s failure to timely refund such amounts to Company will allow Company to pursue every legal remedy for full repayment from the Operator.
If any dispute arises regarding the transaction process or cancellation policies, submit a claim with our Customer Service Department, and we will work diligently to resolve any issues. If within 90 days the claim is not resolved, you may seek arbitration as referred to in this Agreement.
OPERATOR’S RULES AND RESTRICTIONS
There might be separate Operator terms and conditions for Customers pertaining to the trip and services that you select. You agree to abide by the terms and conditions of purchase imposed by any Operator whom you elect to do business with including, but not limited to, cancellation policies and compliance with the Operator’s rules and restrictions regarding fares, products, or services.
You acknowledge that some Operators offer certain products, services, and/or activities that could require you to sign a liability waiver. You understand that any violation of such conditions may result in a cancellation of the trip or services, in you being denied access to any Operators, in you forfeiting any monies paid for an Operator’s services, and Company seeking payment of any costs incurred by it as a result of such violation.
Although most travel, including international travel, can be done without incident, travel to certain destinations may involve greater risk. Company encourages all travelers to review announcements, warnings, prohibitions, and advisories issued by the United States Government prior to scheduling your trip. Information on various countries’ conditions and levels of risk associated with travel can be found at: www.state.gov
, and www.treas.gov/ofac
BY OFFERING PARTICULAR DESTINATIONS COMPANY DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH PLACES IS ADVISABLE OR WITHOUT RISK AND IS NOT LIABLE FOR A CUSTOMER’S DAMAGES OR LOSSES THAT MAY INCUR BY TRAVELING TO SUCH PLACES.
Company gift certificates (credit to the site) are part of the Company Services and available to all users of the site. Users can purchase gift certificates at fixed amounts of $25, $50, $100, or $200 (U.S. Dollars) at any time (a 4% service fee is added to each transaction). Customers may choose to email the gift certificate to recipient’s email address or their own email address. Gift certificates expire one year (12 months) from date of purchase; any unused balance is nonrefundable; and multiple gift certificate codes may be redeemed for a single trip or across multiple trips (if there is a balance remaining on the gift certificate). If the gift certificate total does not cover the cost of a trip, recipient (or holder) of the gift certificate is responsible for remaining balance.
Company donates a portion of all earned monies to one of four conservation groups. Conservation groups are listed on Site homepage. The donated amount does not come from Operator or Customer, but rather from a donation made by Company on behalf of Customer.
RETURNS AND REFUNDS OF MERCHANDISE
Merchandise is available and users may purchase items on the Site through certain individual listings on FishAnywhere.com and its sister company First Light Outfitters. Prices shown are listed in the currency of United States dollars. All monies are processed within the United States. Item descriptions are as accurate as possible; however, Company does not guarantee accurate, reliable, current, or error-free descriptions. If an item received is not as described, your sole remedy is to return it in unused condition.
Company does not take title to returned merchandise until the item arrives at our Return Center. At Company’s discretion, a refund may be issued without requiring a return. In this situation, Company does not take title to the refunded item.
We may revise or amend this Agreement at any time at our discretion. All revisions or updates are effective immediately when posted to the Site and indicated by date. You agree to be bound to any changes to this Agreement when you use the company Services after any such modification becomes effective. Company may also, in its discretion, choose to alert all users with whom it maintains email information of such modifications by means of an email to their most recently provided email address. It is important that you regularly review this Agreement and keep your contact information current in your account settings to ensure you are informed of changes. You agree that you will periodically check the Site for updates to this Agreement and you will read the messages we send you to inform you of any changes.
Company reserves the right at any time to modify or discontinue, temporarily or permanently, the Company Services (or any part thereof) with or without notice. You agree that Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Company Services.
Company strives for user satisfaction, for all Operators and Customers. If a dispute arises we will try to resolve the concern with the understanding that arbitration may be necessary as set forth below.
If there is a dispute between users of the Site, or between users and any third party, you understand and agree that Company is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release Company, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and/or the Company Services.
A. Governing Law; Jurisdiction.
This Agreement and all aspects of the Site and Company Services shall be governed by and construed in accordance with the internal laws of the State of Florida, without regard to conflict of law provisions. With respect to any disputes or claims not subject to informal dispute resolution or arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state and federal courts located in Orange County, State of Florida, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in Florida state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods is excluded from this Agreement. Additionally, application of the Uniform Computer Information Transaction Act (UCITA) is excluded from this Agreement.
B. Informal Resolution.
To expedite resolution and control the cost of any dispute, controversy or claim related to this Agreement (“Dispute”), you and Company agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least 60 days before initiating any arbitration. Such informal negotiations commence upon written notice from one person to the other.
C. Binding Arbitration.
If you and Company are unable to resolve a Dispute through informal negotiations, either you or Company may elect to have the Dispute (except those Disputes expressly excluded below) finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT ABSENT THIS PROVISION YOU WOULD HAVE THE RIGHT TO SUE IN COURT WHEREAS A JURY TRIAL MIGHT BE AVAILABLE. Arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website adr.org. The determination of whether a Dispute is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. If such costs are determined by the arbitrator to be excessive, Company will pay all arbitration fees and expenses. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Orange County, Florida. Except as otherwise provided in this Agreement, you and Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
D. Restrictions/Class-Action Waiver.
You and Company agree that any arbitration shall be limited to the Dispute between Company and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
E. Exceptions To Informal Negotiations And Arbitration.
You and Company agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce, protect, or concerning the validity of any of your or Company’s intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (3) any claim for injunctive relief. If this Section is found to be illegal or unenforceable then neither you nor Company will elect to arbitrate any Dispute falling within that portion of this Section found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and you and Company agree to submit to the personal jurisdiction of that court.
TERMS OF WAIVER
If, by Company’s sole discretion, a waiver of breach of any provision is made, such waiver will not function or be construed as a waiver of any future or subsequent breach. If any term or provision of this Agreement is deemed to be invalid or unenforceable, the remainder of this Agreement and application of such term of provision to person(s) or circumstance(s) other than those held invalid or unenforceable shall remain in effect, and each term of this Agreement shall be valid and enforced to the fullest extent permitted by law.
Occasionally there may be information on the Site that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, availability, and various other information. Company reserves the right to correct any errors, inaccuracies or omissions and to change or update the information at any time, without prior notice.
Company cannot control the nature of all of the information available on the Site. By operating the Site, Company does not represent or imply that Company endorses any blogs, contributions or other information available on or linked to by the Site, including without limitation information hosted on third party websites or provided by third party applications, or that Company believes contributions, blogs or other content to be accurate, useful or non-harmful. We do not control and are not responsible for unlawful or otherwise objectionable content you may encounter on the Site or in connection with any contributions. The Company is not responsible for the conduct, whether online or offline, of any user of the Site or Company Services.
COMPANY AND AFFILIATES MAKE NO REPRESENTATION ABOUT THE SUSTAINABILITY OF INFORMATION, SERVICES, SOFTWARE, AND PRODUCTS ON THE SITE FOR ANY PURPOSE; INCLUSION OR LISTING OF ANY PRODUCTS OR SERVICES ON THE SITE DOES NOT INCLUDE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS AND SERVICES. YOU AGREE THAT YOUR USE OF THE SITE AND COMPANY SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND THE COMPANY SERVICES AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S LIABILITY OR RESPONSIBILITY FOR ANY (A) ERRORS, MISTAKES, OR INACCURACIES OF INFORMATION AND MATERIALS, (B) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (C) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (D) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE OR COMPANY SERVICES, (E) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (F) ANY ERRORS OF OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. COMPANY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
AT NO TIME WILL THE COMPANY OR ITS AFFILIATES, EMPLOYEES, CONSULTANTS, AGENTS, AND REPRESENTATIVES OR THIRD-PARTY PROVIDER ON THE SITE BE LIABLE FOR ANY LOST PROFIT OR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF, BASED ON, OR RESULTING FROM THE SITE; THIS AGREEMENT; USE OF THE SITE OR SERVICES WE OR A THIRD-PARTY PROVIDE RELATED TO THE BUSINESS WE OPERATE ON THE SITE, BY YOU OR ANY THIRD-PARTY; ANY CONTRIBUTED CONTENT; INTERACTION BETWEEN THE SITE AND A THIRD-PARTY SITE, INCLUDING WITHOUT LIMITATION SOCIAL MEDIA SITES; AND ANY POTENTIAL OR ACTUAL COMMUNICATION OR TRANSACTION, INCLUDING WITHOUT LIMITATION ANY PAYMENT TRANSACTION (EVEN IF WE OR A THIRD-PARTY RECEIVES A FEE IN CONNECTION WITH THE TRANSACTION). THESE LIMITATIONS AND EXCLUSIONS APPLY WITHOUT REGARD TO WHETHER THE CLAIM RESULTS FROM BREACH OF CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION (EVEN IF FORESEEABLE).
IF YOU DO NOT CONCUR WITH ANY PART OF THIS AGREEMENT, ARE DISSATISFIED OR HAVE DISPUTE OR CLAIMS WITH OR AGAINST COMPANY, THIRD PARTY OR USER OF THE SITE WITH RESPECT TO THIS AGREEMENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, LIABILITY FOR COMPANY AND AFFILIATES TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE INCURRED THROUGH USE OF THE SITE IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAY TO US FOR COMPANY SERVICES (ONLY) IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100 IN THE AGGREGATE FOR ALL CLAIMS.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATION ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
You agree to indemnify, defend, and hold harmless the Company, its affiliates, employees, consultants, agents, and representatives from and against all losses, penalties, fines, liability, damages and costs (including reasonable attorney costs and fees) incurred by the indemnified parties in connection with any claim arising out of your use of the Site or otherwise relating to transactions conducted on the Site; any potential or actual communications; Content, reviews, comments or photographs posted; or any use of a tool or resource offered by a third-party website, including without limitation any social media sites. Notwithstanding the foregoing, Company reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Company, and you agree to cooperate, at your expense, with Company’s defense of such claims. Company will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification up on becoming aware of it.
Except as explicitly stated otherwise, any notices give to Company shall be given by email to the address listed in the contact information below. Any notices given to you shall be given to the email address you provided during the registration process, or such other address as each party may specify. Notice shall be deemed to be given twenty-four (24) hours after the email is sent, unless the sending party is notified that the email address in invalid. We may also choose to send notices by regular mail.
You agree that no agency, employment relationship or joint venture exists between you and the Company or its affiliates as a result of this Agreement. This Agreement constitutes the entire agreement between you and Company regarding the use of the Company Services and the Site. Company does not control, and has no right to control, Operator’s listings or trips, your offline activities associated with listings or trips, or any other matter related to any listing or trip. You agree not to do anything that creates a false impression that you are endorsed by, partnering with, or acting on behalf of or for the benefit of the Company or its affiliates, including inappropriately using any intellectual property of the Site, Company, or its affiliates.
The failure of Company to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. The section titles in this Agreement are for convenience only and have no legal or contractual effect. This Agreement and your account may not be assigned by you without our express written consent. Company may assign any or all of its rights and obligations to others at any time. COMPANY SHALL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS, DAMAGE, DELAY OR FAILURE TO ACT CAUSED BY ANY UNLAWFUL, VOID, OR UNENFORCEABLE, PROVISION OR PART OF A PROVISION. Upon Company’s request, you will furnish Company any documentation, substantiation or releases necessary to verify your compliance with this Agreement. You agree that this Agreement will not be construed against Company by virtue of Company having drafted them. You hereby waive any and all defenses you may have based on the electronic form of this Agreement and the lack of signing by the parties hereto to execute this Agreement.
Any rights not expressly granted herein are reserved.
502 S. Woodland St.
Winter Garden, FL 34787