Terms of Use
Last Modified: August 4, 2021
Acceptance
of the Terms of Use
These terms of use are entered into by and
between You and Fishing Status, LLC ("Company,"
"we," or "us"). The following terms and
conditions, together with the Privacy Notice ("Terms of Use"), govern (i) your access to and use of the
website fishingstatus.com (our "Website")
and/or (ii) any subscriptions, product or devices (including, but not limited
to, sim cards, MicroSD cards, SD Card Adapters, USBs, and microSD readers),
mobile or desktop applications, or other similar products or services accessed
or purchased through the Website ("Offerings")
(Website and Offerings collectively, the "Services").
Please read the Terms of Use carefully
before you start to use the Services. By
using the Services, you accept and agree to be bound and abide by these Terms
of Use and our Privacy Notice, found at https://fishingstatus.com/Privacy, incorporated
herein by reference. If you do not want to agree to these Terms of Use or
the Privacy Notice, you must not access or use the Services.
Changes
to the Terms of Use
We may revise and update these Terms of Use
from time to time in our sole discretion. All changes are effective immediately
when we post them, and apply to all access to and use of the Services thereafter.
Your continued use of the Services
following the posting of revised Terms of Use means that you accept and agree
to the changes. You are expected to check this page from time to time and when
you access the Services so you are aware of any changes, as they are binding on
you.
Accessing the Services
We reserve the right to withdraw or amend the
Services in our sole discretion without notice. We will not be liable if for
any reason all or any part of the Services are unavailable at any time or for
any period. From time to time, we may restrict access to some parts of the Services.
You are responsible for both:
·
Making all arrangements necessary for you to
have access to the Services.
·
Ensuring that all persons who access the Services
through your account are aware of these
Terms of Use and comply with them.
Information and Account Registration
To access the Services
you must set up an account and provide certain registration details or other
account information. You agree to provide and maintain accurate, current and
complete information for your accounts, including as applicable, your name,
contact, and payment information. It is a condition of your use of the Services
that all the information you provide is correct, current, and complete. You
agree not to impersonate or misrepresent your affiliation with any person or
entity, including using another person’s username, password or other account
information, or another person’s name, image, photo or likeness, or if
applicable, provide false details for a parent or guardian. You agree that we
may take steps to verify the accuracy of information you provide. All
information provided for accounts shall be
provided in compliance with all applicable laws, rules and regulations,
including, privacy regulations.
You agree that all
information you provide to register for and/or use the Services, including, but
not limited to, through the use of any interactive features, is governed by our
Privacy Notice https://fishingstatus.com/Privacy,
and you consent to all actions we take with respect to your information
consistent with our Privacy Notice.
To access certain features and functions of the
Services and purchase products related to the Services, you must purchase of a
subscription which will require the completion of payment information as
required by our third-party payment processor. All subscription payment
information is subject to the Privacy Notice of the third-party payment
processor.
Account Security
If you choose, or are provided with, a user
name, password, or any other piece of information as part of our security
procedures, you must treat such information as confidential, and you must not
disclose it to any other person or entity. You also acknowledge that your
account is personal to you and agree not to provide any other person with
access to the Services using your user name, password, or other security
information. You agree not to use the account, username or password of any
other account holder at any time. You agree to notify us immediately of any
unauthorized access to or use of your user name or password or any other breach
of security. You should use particular caution when accessing your account from
a public or shared computer so that others are not able to view or record your
password or other personal information. We will not be liable for any loss
that you incur as a result of someone else using your password, either with or
without your knowledge.
We have adopted and implemented a policy
that provides for the suspension or termination, in appropriate circumstances
and in our sole and absolute discretion, of the accounts of users who violate
these Terms of Use, are repeat infringers of copyright, or engage in, encourage
or advocate for offensive, abusive, or illegal conduct.
Service Subscription
You may purchase subscriptions for the use of certain
features and functions of the Services.
The duration of a subscription is selected by you when
you purchase and set up a subscription. All sales of a subscription, and any
renew thereof, are final. Neither the
termination, cancelation, nor nonuse of a subscription will result in a refund
of any kind. You agree to pay all
charges incurred for the subscription at the price(s) in effect when such
charges are incurred.
IMPORTANT: AUTOMATIC RENEWAL AND SUBSCRIPTION-BASED
ACCOUNT.
Our Services are offered on an automatic subscription
basis, so you can enjoy all the benefits of our Services on a continuous basis.
The Services will automatically renew at the frequency selected at the time of
your initial purchase (i.e., monthly, bi-annually, or annual basis.). By purchasing
our automatic subscription, you acknowledge and agree your subscription will
automatically renew, and unless and until you cancel, you authorize us to
charge your payment card for the Services. The charges will typically occur on
or around the same day of the month as your initial purchase, although some
charges may be delayed for business or legal reasons. Your automatic
subscription will continue until you cancel your order. If there are any
changes to your subscription terms, such as pricing, frequency, date of charge
or any other items, we will take commercially reasonable efforts to inform you
in writing of such change. You may modify or cancel your subscription at any
time by contacting us at help@fishingstatus.com. Any modifications or
cancellation of your subscription must be received by us at least five (5) days
prior to the next scheduled payment in order to take effect for that period. If
you cancel less than five (5) days prior to the automatic renewal day for your
subscription, your subscription will continue as scheduled and your
cancellation will take effect in the following period.
We reserve the right to suspend or terminate your
interaction with the Services for any or no reason in our sole and absolute
discretion, including your access, use or purchase of any Services that we
provide.
Products
We have taken reasonable
precautions to ensure that all product descriptions, prices and other
information shown on our Website are correct and fairly described. However,
when ordering products, please note that:
·
we reserve the right to not accept any orders if
there is a material error in the description of the product;
·
we reserve the right to refuse or discontinue
the supply of any product, or change, suspend or discontinue any aspect of our
Services at any time in our sole and absolute discretion;
·
we estimate the tax applicable to your order and
include that estimate in the total for your convenience (the final tax amount
will be based on the then-current rate as established by the taxing authority,
charged to your payment card, and reflected in the order confirmation and
package invoice we provide to you); and
·
all items are subject to availability and we
will inform you as soon as reasonably possible if any product you ordered is
not available and whether we may offer you an alternative of equal or higher
quality and value.
Intellectual Property Rights
You acknowledge and agree that the
Services, and any logos, names, designs, text, graphics, software, content,
files, materials, and any other intellectual property rights contained therein,
including without limitation any copyrights, patents, trademarks, proprietary
or other rights contained therein, related thereto, or otherwise arising
therefrom are owned by Company or its affiliates, licensors or suppliers.
Furthermore, you acknowledge and agree that the source and object code of
certain Services (such as our online offerings) and the format, directories,
queries, algorithms, structure and organization of the same are the
intellectual property, proprietary and confidential information of Company
and/or our affiliates, licensors and suppliers. You expressly agree that you
will do nothing inconsistent with our ownership of the Services, and that you
gain no rights, title, or interest in or to any Services or any goodwill
associated therewith, except as stated in these Terms of Use. In addition,
except as expressly set forth in these Terms of Use, you are not conveyed any
right or license by implication, estoppel, or otherwise in or under any patent,
trademark, copyright, or other proprietary right of Company or any third party.
Any and all goodwill arising from your use of any Services shall inure solely
to the benefit of Company.
These Terms of Use grant
you a limited, revocable, non-exclusive, non-sublicensable, non-transferable
license solely to access and use the Services for your personal, non-commercial use only.
You are prohibited from, and expressly
agree that you will not:
·
circumvent or disable any content protection
system, digital rights management technology, user and/or country limitations
or any other technology used with any Services;
·
decompile, reverse engineer, disassemble or
otherwise reduce any Services to a human-readable form;
·
remove identification, warnings, disclaimers,
disclosures, copyright or other proprietary notices in or on the Services;
·
access or use any Services in an unlawful or
unauthorized manner or in a manner that suggests an association with our content,
products, services or brands, unless you have an executed agreement with us
that allows for such activity;
·
use, alter, copy, modify, store, sell,
reproduce, distribute, republish, download, publicly perform, display, post,
transmit, create derivative works of, or exploit any Services or any part
thereof, except as expressly authorized in these Terms of Use or as part of the
Services provided to you;
·
introduce a virus or other harmful component, or
otherwise tamper with, impair or damage any Services or connected network, or
interfere with any person or entity’s use or enjoyment of any Services;
·
access, monitor, or copy any element of the
Services using a robot, spider, scraper or other automated means or manual
process without our express written permission; or
·
sell, resell, or make commercial use of the
Services, unless you have an executed agreement with us that expressly allows
for such activity.
By
accessing or otherwise using any services, content or software through any
Services, you represent and warrant that: (i) your access to and use of the
Services, or any content or software therein, will comply with any and all
requirements in these Terms of Use; (ii) you are not located in a country that
is subject to a U.S. government embargo, or that has been designated by the
U.S. government as a terrorist supporting country, and that you are not listed
on any U.S. government list of prohibited or restricted parties; and (iii) you
will comply with all applicable local, national, and international laws, rules,
regulations and ordinances in connection with your use of any Services.
User Contributions
The Website may contain message boards,
chat rooms, forums, bulletin boards, comments, and other interactive features
(collectively, "Interactive
Services") that allow users to post, submit, publish, display, or
transmit content to the Services or other users or persons (hereinafter, "post") content or materials
(collectively, "User Contributions")
on or through the Website.
All User Contributions must comply with the
Content Standards set out in these Terms of Use.
Any User Contribution you post to the site
will be considered non-confidential and non-proprietary. By providing any User
Contribution on the Website, you grant us and
our licensees, successors, and assigns the right to use, reproduce,
modify, perform, display, distribute, and otherwise disclose to third parties
any such material for any purpose.
You represent and warrant that:
·
You own or control all rights in and to the User
Contributions and have the right to grant the license granted above to us and
our licensees, successors, and assigns.
·
All of your User Contributions do and will
comply with these Terms of Use.
You understand and acknowledge that you are
responsible for any User Contributions you submit or contribute, and you, not
the Company, have full responsibility for such content, including its legality,
reliability, accuracy, and appropriateness.
We are not responsible or liable to any
third party for the content or accuracy of any User Contributions posted by you
or any other user of the Services.
Monitoring
and Enforcement; Termination
We have the right to:
·
Remove or refuse to post any User Contributions
for any or no reason in our sole discretion.
·
Take any action with respect to any User
Contribution that we deem necessary or appropriate in our sole discretion,
including if we believe that such User Contribution violates the Terms of Use,
including the Content Standards, infringes any intellectual property right or
other right of any person or entity, threatens the personal safety of users of
the Website or the public, or could create liability for the Company.
·
Disclose your identity or other information
about you to any third party—when permitted by law and our Privacy Notice—who
claims that material posted by you violates their rights, including their
intellectual property rights or their right to privacy.
·
Take appropriate legal action, including without
limitation, referral to law enforcement, for any illegal or unauthorized use of
the Website.
·
Terminate or suspend your access to all or part
of the Services for any or no reason, including without limitation, any
violation of these Terms of Use.
Without limiting the foregoing, we have the
right to cooperate fully with any law enforcement authorities or court order
requesting or directing us to disclose the identity or other information of
anyone posting any materials on or through the Services. YOU WAIVE AND HOLD
HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY
DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR
LAW ENFORCEMENT AUTHORITIES.
However, we do not undertake to review
material before it is posted on the Services, and cannot ensure prompt removal
of objectionable material after it has been posted. Accordingly, we assume no
liability for any action or inaction regarding transmissions, communications,
or content provided by any user or third party. We have no liability or
responsibility to anyone for performance or nonperformance of the activities
described in this section.
Content
Standards
These content standards apply to any and
all User Contributions and use of Interactive Services. User Contributions must
in their entirety comply with all applicable federal, state, local, and
international laws and regulations. Without limiting the foregoing, User
Contributions must not:
·
Contain any material that is defamatory,
obscene, indecent, abusive, offensive, harassing, violent, hateful,
inflammatory, or otherwise objectionable.
·
Promote sexually explicit or pornographic
material, violence, or discrimination based on race, sex, religion,
nationality, disability, sexual orientation, or age.
·
Infringe any patent, trademark, trade secret,
copyright, or other intellectual property or other rights of any other person.
·
Violate the legal rights (including the rights
of publicity and privacy) of others or contain any material that could give
rise to any civil or criminal liability under applicable laws or regulations or
that otherwise may be in conflict with these Terms of Use and our Privacy
Notice https://fishingstatus.com/Privacy.
·
Be likely to deceive any person, including
minors.
·
Promote any illegal activity, or advocate,
promote, or assist any unlawful act.
·
Cause annoyance, inconvenience, or needless
anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
·
Impersonate any person, or misrepresent your
identity or affiliation with any person or organization.
·
Involve commercial activities or sales, such as
contests, sweepstakes, and other sales promotions, barter, or advertising.
·
Give the impression that they emanate from or
are endorsed by us or any other person or entity, if this is not the case.
Copyright
Infringement
We respect the copyright and other
intellectual property rights of others. Company may remove content from its Services
that appear to infringe the copyright or other intellectual property rights,
including moral rights, of others. In addition, Company may terminate access by
users who appear to infringe the copyright or other intellectual property
rights of others.
Company complies with
the Digital Millennium Copyright Act. If you believe that content available on
or through the Services infringes your copyright, you or your authorized agent
may submit a notification to us by e-mail at help@finshingstatus.com.
Reliance
on Information
The information presented on or through the
Services is made available solely for general informational purposes and is
based on historical information. The Services may not be used for any navigation,
positioning, mapping, tracking, or GPS purposes. We do not warrant the accuracy, completeness,
or usefulness of this information. Any reliance you place on such information
is strictly at your own risk.
The Services may include content provided
by third parties, including materials provided by other users, bloggers,
government information, public disclosures and third-party licensors,
syndicators, aggregators, and/or reporting services. All statements and/or
opinions expressed in these third-party materials are solely the opinions and
the responsibility of the person or entity providing those materials. These
materials do not necessarily reflect the opinion of the Company. We are not
responsible, or liable to you or any third party, for the content or accuracy
of any materials provided by any third parties.
The Services may contain links to other
sites and resources provided by third parties, these links are provided for
your convenience only. This includes links contained in advertisements,
including banner advertisements and sponsored links. We have no control over
the content of those sites or resources, and accept no responsibility for them
or for any loss or damage that may arise from your use of them. If you decide
to access any of the third-party websites linked to Services, you do so
entirely at your own risk and subject to the terms and conditions of use for
such websites.
Disclaimer
of Warranties
YOU ACKNOWLEDGE AND AGREE THE SERVICES,
INCLUDING WITHOUT LIMITATION, ANY PRODUCTS, GOODS, SERVICES, WEBSITES,
APPLICATIONS, LOCATIONS, MAPS, AND FISHING CONTENT AND ADVICE, OR ANY OTHER
INFORMATION PROVIDED THEREIN ARE PROVIDED “AS IS” AND “AS AVAILABLE" BASIS,
WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE
COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR
REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY,
QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE
FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY
REPRESENTS OR WARRANTS THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE
WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE
CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ITEMS OBTAINED
THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE
COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR
IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES
OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
YOU WILL NOT HOLD COMPANY OR ITS THIRD-PARTY SERVICE
PROVIDERS, LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR
DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE SERVICES, INCLUDING
WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA, AS THE
SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
THE FOREGOING DOES NOT AFFECT ANY
WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold
harmless the Company, its affiliates, licensors, and service providers, and its
and their respective officers, directors, employees, contractors, agents,
licensors, suppliers, successors, and assigns from and against any claims,
liabilities, damages, judgments, awards, losses, costs, expenses, or fees
(including reasonable attorneys' fees) arising out of or relating to your
violation of these Terms of Use or your use of the Services, including, but not
limited to, your User Contributions, any use of the Services other than as
expressly authorized in these Terms of Use, or your use of any information obtained
from the Services.
Governing
Law and Jurisdiction
All matters relating to the Services or these
Terms of Use, and any dispute or claim arising therefrom or related thereto (in
each case, including non-contractual disputes or claims), shall be governed by
and construed in accordance with the internal laws of the State of North
Carolina without giving effect to any choice or conflict of law provision or
rule (whether of the State of North Carolina or any other jurisdiction).
Any legal suit, action, or proceeding
arising out of, or related to, these Terms of Use or the Services shall be
instituted exclusively in the federal courts of the United States or the courts
of the State of North Carolina, in each case located in the City of Raleigh and
County of Wake, although we retain the right to bring any suit, action, or
proceeding against you for breach of these Terms of Use in your country of
residence or any other relevant country. You waive any and all objections to
the exercise of jurisdiction over you by such courts and to venue in such
courts.
Limitation
on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE
ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE,
SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver
and Severability
No waiver by the Company of any term or
condition set out in these Terms of Use shall be deemed a further or continuing
waiver of such term or condition or a waiver of any other term or condition,
and any failure of the Company to assert a right or provision under these Terms
of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is
held by a court or other tribunal of competent jurisdiction to be invalid,
illegal, or unenforceable for any reason, such provision shall be eliminated or
limited to the minimum extent such that the remaining provisions of the Terms
of Use will continue in full force and effect.
Entire
Agreement
The Terms of Use and our Privacy Notice constitute
the sole and entire agreement between you and the Company regarding the Services
and supersede all prior and contemporaneous understandings, agreements,
representations, and warranties, both written and oral, regarding the Services.
Your
Comments and Concerns
This website is operated by Fishing Status,
LLC 3328 Neuse Crossing Dr., Raleigh, NC 27616-8835
All feedback, comments, requests for
technical support, and other communications relating to the Services should be
directed to: help@fishingstatus.com.
ND: 4818-3751-1142, v. 6