Terms and Conditions

Terms of Use

Last Modified: August 27, 2024

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 111 N 3rd Street #1015, Smithfield, NC 27577

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