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TERMS OF USE

Last Revised: April 6, 2024

CAREFULLY READ THE LINKED TERMS OF USE BEFORE USING FLYFISHFINDER services. BY CREATING A user ACCOUNT AND USING THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS. IF YOU DO NOT ACCEPT THE TERMS, DO NOT LOG IN TO OR USE THE SERVICES.

Any information that FlyFishFinder collects through your use of the Services is subject to the Privacy Policy.

By continuing to use the Services, you agree that:

  1. You are at least eighteen (18) years old or otherwise legally qualified to enter into contracts;
  2. You understand and agree that these Terms are a legally binding agreement and the equivalent of a signed written contract;
  3. You will use the Services in a manner consistent with applicable laws and regulations and these Terms, as they may be amended by FlyFishFinder from time to time; and
  4. You understand, accept, and have access to these Terms and the Privacy Policy.

If you do not agree with and accept the Terms, discontinue all further use of the Services. Do not continue the installation process and immediately delete all installed files, if any, of the App or Platform from your device(s).

ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE TERMS, YOU AGREE THAT DISPUTES BETWEEN YOU AND FLYFISHFINDER WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION and you waive your right TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU CAN OPT-OUT OF THE ARBITRATION AGREEMENT BY CONTACTING support@flyfishfinder.com WITHIN THIRTY (30) DAYS OF ACCEPTING THESE TERMS.

 

These Terms of Use (“Terms of Use” or “Terms”) are a legal contract between you (“you/your” or “User”) and FlyFishFinder, LLC (“us,” “we,” “our,” or “FlyFishFinder”). FlyFishFinder is the creator of the FlyFishFinder application (the “App”), the FlyFishFinder website (the “Platform”), and related services. FlyFishFinder’s App, Platform, and services, including all relevant content and functionality associated with the App, Platform, and services, are collectively known as the “Services.” All Services are owned and operated by FlyFishFinder. These Terms govern your use of the Services and apply to individuals accessing the Services. By accepting these Terms and using the Services, you acknowledge that you have read, understand, and agree to these Terms and our Privacy Policy. Any capitalized terms not defined in these Terms are defined in the Privacy Polcy.

PLEASE READ THE TERMS OF USE CAREFULLY. BY ACCESSING OR USING ANY PART OF THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, EXIT THIS PAGE AND DO NOT ACCESS OR USE THE SERVICES. USE OF THE SERVICES IS EXPRESSLY CONDITIONED UPON YOUR ACCEPTANCE OF THE TERMS.

Updates to Terms of Use; Integration.

We may, at our sole discretion, modify the Terms of Use without prior notice to you. If we materially change or modify these Terms, we will let you know by posting a new version of the Terms of Use to the website, App, and Platform with a change notice on our website, App, and Platform. By continuing to access and use the Services you agree to any such modifications. You are responsible for reviewing and are encouraged to review the Terms of Use periodically and check the “Updated” date for the most recent version. If you do not accept the modifications, you should immediately stop using the Services and delete all files associated with the Services on your computer and/or mobile device.
  1. Availability of Services.

 

  • The Services may be modified, updated, interrupted, suspended, or discontinued at any time, at the sole discretion of FlyFishFinder, without notice or liability. The Services may be unavailable at certain periods, including but not limited to system failures, anticipated or unanticipated maintenance work, upgrades, or force majeure events.

 

  • FlyFishFinder reserves the right, at any time, in its sole discretion to modify, temporarily, or permanently block access to, suspend, or discontinue the Services, in whole or in part, with or without notice and effective immediately to any User.

 

  • FlyFishFinder will have no liability whatsoever for any losses, liabilities, or damages you may incur as the result of any modification, suspension, or discontinuation of the Services or any part thereof.

 

  1. Privacy Policy. Use of the Services is subject to the terms of our Privacy Policy which is incorporated into and made part of this Terms of Use. Please carefully review our Privacy Policy. By using or accessing the Services, you agree to be bound by the terms of our Privacy Policy.

 

  1. The Services are meant for those at least eighteen (18) years of age. Use of the Services by anyone under this age is a violation of the Terms of Use.

 

  1. Services Ownership and Use.

 

  • FlyFishFinder owns the Services, including all content and functionality you access through the Services subject to your compliance with these Terms, FlyFishFinder grants you a limited non-transferable, non-exclusive, revocable, non-sublicensable license to use and access the Services by signing up for a user account and/or downloading and installing the App or Platform on your computer or mobile device.

 

  • THE SERVICES ARE FOR YOUR PERSONAL AND NON-COMMERCIAL USE ONLY AND YOU MAY NOT RESELL OR SUBLICENSE YOUR ACCESS TO THE SERVICES. You may not use the Services for any other purpose than what is allowed under these Terms without FLYFISHFINDER’s express written permission.

 

  • Intellectual Property Rights. You acknowledge that all the intellectual property rights in the Services, including, but not limited to, copyrights, patents, trademarks, and trade secrets, the website design, application design, graphics, text, sounds, pictures, service marks, trade names, domain names, slogans, logos, and other indicia of origin that appear on or in connection with any aspect of the Services are the property of FlyFishFinder, its affiliates, or licensors in any jurisdiction in the world. Other files and the selection and arrangement of those files (collectively the “Materials”) are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in these Terms of Use are reserved to their respective copyright owners.

 

  • FlyFishFinder authorizes you to view, download, and/or print the Materials provided that you keep intact all copyright and other proprietary notices contained in the original Materials. Except as expressly authorized by the Terms of Use, you may not copy, reproduce, distribute, republish, perform, display, post, transmit, scrape, copy, exploit, create derivative works, or otherwise use any of the Materials in any form or by any means, without the prior written authorization of FlyFishFinder or the respective copyright owner. In the absence of a written agreement, you may not modify or adapt the Materials in any way or otherwise use them for any advertising, publicity, public or commercial purposes, or to otherwise indicate FlyFishFinder’s affiliation or sponsorship with any product or service. FlyFishFinder retains the right to rescind and terminate this limited license at any point, for any reason. FlyFishFinder reserves the right to enforce its intellectual property rights fully under United States and international law.

 

  • Some of the company and product names, logos, brands, and other trademarks featured or referred to within the Services may not be owned by FlyFishFinder and are the property of their respective trademark holders. These trademark holders are not affiliated with, nor do they sponsor or endorse the Services.

 

  1. Use of the Services, General

6.1.  You may be required to create an account to use the Services and/or take advantage of certain features. To create an account this is the general process, subject to change without notice: You will be prompted to create an account with an email, and password.  Upon successful registration, you may further expand your account credentials with a username, full name, and other information specified on the registration and account details form. You may change or correct information in your account by contacting FlyFishFinder at support@flyfishfinder.com.

6.2.  You agree not to register for a user account on behalf of an individual other than yourself unless you are legally authorized to bind such person to these Terms. You may not impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts. By registering another person, you represent that you are legally authorized to do so.

6.3.  By creating an account and using the Services, you represent and warrant that you:

6.3.1. provide true, accurate, current, and complete information about yourself as prompted by the Services;

6.3.2. as permitted, maintain, and promptly update such information. If you provide any information that is false, inaccurate, or outdated, or FlyFishFinder has reasonable grounds to suspect that such information is false, inaccurate, or outdated, FlyFishFinder has the right to suspend or terminate your account and prohibit all current or future use of the Services by you;

6.3.3. that your account is for your personal and/or business use. You may not resell the Services; Expected use for businesses: As a business within our application, you are allowed to create a business profile and advertise within the app.  You are allowed to change your data as you see fit, but cannot falsely advertise to users within the app.  You are responsible for the accuracy of the data. If you have a premium account, you may communicate within the app with users/customers interested in your services, but you may not harass or overly communicate with them or this will prompt a review of your account, and potential ban or suspension.

6.3.4. by creating an account, you agree to receive certain communications in connection with the Services; and

6.3.5. you are not located in a country that is subject to a United States Government embargo or that is designated by the United States Government as a “terrorist supporting” country, and you are not listed on any United States Government list of prohibited or restricted parties.

6.4.  You are solely responsible for maintaining the confidentiality of your username, password, and account and you are fully responsible for all activities that occur under your account. Your account is meant to be private and you shall not share your account for any reason. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. You agree to be responsible for all charges resulting from the use of your account via the Services, including charges resulting from unauthorized use of your account.

6.5.  You agree to use the Services only for lawful purposes and that you are responsible for your use of and communications and content you may post via the Services. You agree not to post or transmit any unlawful, infringing, threatening, harassing, defamatory, vulgar, obscene, profane, indecent, offensive, hateful, or otherwise objectionable material of any kind, including any material that encourages criminal conduct or conduct that would give rise to civil liability, infringes upon others’ intellectual property rights, impersonates any individual or entity, or otherwise violates any applicable law. You agree not to solicit personal information from minors. You agree not to use the Services in any manner that interferes with its normal operation or with any other user’s use of the Services.

6.6.  You may not do any of the following while accessing or using the Services:

6.6.1. access, tamper with, or use non-public areas of the Services, our computer systems, or the technical delivery systems of our providers;

6.6.2. probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;

6.6.3. access or search or attempt to access or search the Services by any means other than through our currently available, published interfaces that are provided by us, unless you have been specifically allowed to do so in a separate agreement with us;

6.6.4. forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information; or

6.6.5. disrupt or interfere with the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing, crashing, or submitting a trojan horse, worm, logic bomb, or other malicious or technologically harmful material to the Services, or otherwise creating an undue burden on the Services.

6.7.  You may not use or attempt any manual or automated software, devices, engine, tool, agent, mechanisms, or other processes (including, without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest, monitor, or otherwise collect information from the Services for any use, including, without limitation, use on third-party websites. You will not attempt to modify, decompile, reverse engineer, disassemble, or otherwise attempt to obtain the source code of any part of the Service. Any violation of this section may subject you to civil and/or criminal liability.

 

  • You further agree that you will not access the Services by any means except through the interface provided by FlyFishFinder for access to the Services. Creating or maintaining any link from another application to any page at the Services without the prior authorization of FlyFishFinder is prohibited. Running or displaying the Services, or any information or material displayed via the Services in frames or through similar means on another website or application without the prior authorization of FlyFishFinder is prohibited. Any permitted links to the Services must comply with all applicable laws, rule and regulations.

 

  • FlyFishFinder makes no representation that Materials contained, described or offered via the Services are accurate, appropriate or available for use in any particular jurisdiction or that these Terms of Use comply with the laws of any specific country. Visitors who use the Services do so on their own initiative and are responsible for compliance with all applicable law. You agree that you will not access the Services from any territory where its contents are illegal, and that you, and not FlyFishFinder , are responsible for compliance with applicable law.

 

  • Your use of the Services is at your own risk, including the risk that you might be exposed to content that is offensive, indecent, inaccurate, objectionable, or otherwise inappropriate.

 

  • You agree not to use the Services for:

 

  • uploading, posting, publishing, submitting, emailing, transmitting, or otherwise making available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable;

 

  • exploiting or causing harm or attempting to exploit or cause harm to any minor in any manner whatsoever;

 

  • impersonating any individual or entity, including, but not limited to, any company, group or forum leaders, or hosts or falsely stating or otherwise misrepresenting any affiliation with an individual or entity;

 

  • forging captions, headings, or titles or otherwise offering any content that you personally have no right to pursuant to any law nor having any contractual or fiduciary relationship with;

 

  • uploading, posting, emailing, transmitting, or otherwise offering any such content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any other party;

 

 

  • uploading, posting, emailing, transmitting, or otherwise offering any content that you do not personally have any right to offer pursuant to any law or in accordance with any contractual or fiduciary relationship;

 

  • uploading, posting, emailing, transmitting, or otherwise offering any unsolicited or unauthorized advertising, promotional flyers, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in any such areas that may have been designated for such purpose;

 

  • uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment;

 

  • disrupting the normal flow of communication, or otherwise acting in any manner that would negatively affect other users’ ability to participate in any real-time interactions;

 

  • interfering with or disrupting any of the Services, servers, and/or networks that may be connected or related to our website, including, but not limited to, the use of any software and/or routine to bypass the robot exclusion headers;

 

  • intentionally or unintentionally violating any local, state, federal, national or international law, including, but not limited to any securities rules, regulations, or laws of any nation or other securities exchange, and any regulations having the force of law;

 

  • providing informational support or resources, concealing and/or disguising the character, location, and or source to any organization delegated by the United States government as a “foreign terrorist organization” in accordance with Section 219 of the Nationality Act;

 

  • stalking or with the intent to otherwise harass another individual;

 

  • collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been outlined in the aforementioned paragraphs;

 

  • engaging in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by FlyFishFinder, may harm us or users of the Services, expose them to liability, or otherwise interfere or attempt to interfere with the proper working of the Services; or

 

  • encouraging or enabling any other individual to do any of the above

 

  • FlyFishFinder is not obligated to monitor your use of the Services, but we may do so to ensure your compliance with these Terms or to respond to law enforcement or other government agencies if and when we are required to. FlyFishFinder reserves the right to suspend or terminate your use of the Services without notice to you if you partake in any of the prohibited uses described above.

 

  • Computer Equipment and Internet Access. You are responsible for obtaining, installing, maintaining, and operating all software, hardware, or other equipment necessary for you to access and use the Services. This includes, without limitation, obtaining Internet services, using up-to-date web browsers, and the best commercially available encryption, antivirus, anti-spyware, and internet security software. You are responsible for the data security of the systems used to access the Services and for the transmission and receipt of information using such systems. We are not responsible for any errors or problems that arise from the malfunction or failure of the Internet or your systems.

 

THERE ARE ALWAYS CERTAIN SECURITY AND ACCESS AVAILABILITY RISKS ASSOCIATED WITH USING OPEN NETWORKS SUCH AS THE INTERNET, AND YOU EXPRESSLY ASSUME SUCH RISKS.

 

  1. Apple App Store and Google Play.

 

  • If you downloaded the App from the Apple App Store or Google Play (the “App Provider”), by agreeing to these Terms, you acknowledge that you understand and agree to the following:

 

  • The Terms are only between you and FlyFishFinder, and not between you and the App Provider. Only FlyFishFinder is responsible for the App (not the App Provider);

 

  • The App Provider has no obligation to furnish any maintenance or support services with respect to the App;

 

  • In the event of any failure of the App to conform to any applicable warranty: (i) you may notify the App Provider and the App Provider will refund the purchase price for the App to you (if applicable); (ii) to the maximum extent permitted by applicable law, the App Provider will have no other warranty obligation whatsoever concerning the App, and (iii) any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility;

 

  • The App Provider is not responsible for addressing any claims you have or any claims of any third party relating to the App or your possession and use of the App, including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation;

 

  • In the event of any third-party claim that the App or your possession and use of the App infringes that third party’s intellectual property rights, the App Provider will not be responsible for the investigation, defense, settlement, or discharge of any such intellectual property infringement claim; and

 

  • The App Provider, and its subsidiaries, are third-party beneficiaries of this Agreement as it relates to your license of the App. This means that, upon your acceptance of these Terms, the App Provider will have the right (and will be deemed to have accepted the right) to enforce these Terms as related to your license of the App against you.

 

  • Apple users only: If you downloaded the App from the App Store, the license granted to you in these Terms is non-transferable and is for use of the App on any Apple products that you own or control.

 

  1. Third-Party Websites and Services.

 

  • In the course of using the Services, you may be introduced to areas or features of the Services that allow you to access websites that do not belong to and are not controlled by us (collectively, “Third-Party Sites”). If you choose to access Third-Party Sites, you will leave our App or Platform and be redirected to an environment owned and controlled by an external third party. You acknowledge and agree that the Third-Party Sites may have different privacy policies, terms of use, user guides, and/or business practices (collectively, “Third-Party Rules”) than us, and that your use of such Third-Party Sites is governed exclusively by the respective Third-Party Rules. We provide links to Third-Party Sites to you as a convenience, and we do not verify, make any representations, or take responsibility for such Third-Party Sites, including, without limitation, the truthfulness, accuracy, quality, or completeness of the content, application, links displayed, and/or any other activities conducted on or through such Third-Party Sites.

 

  • YOU AGREE THAT WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY GOODS, SERVICES, BUSINESS PRACTICES, INFORMATION, RESOURCES, APPLICATIONS, AND OTHER CONTENT (“Third-Party Matters”) AVAILABLE ON OR THROUGH ANY THIRD-PARTY SITES OR THIRD-PARTY DEALINGS OR COMMUNICATIONS, OR FOR ANY HARM RELATED THERETO, OR FOR ANY DAMAGES OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH YOUR USE OR RELIANCE ON THE THIRD PARTY MATTERS.

 

 

  • You use Third-Party Sites at your own risk. You are advised that other websites on the Internet, including Third-Party Sites, might contain material or information:

 

  • that some people may find offensive or inappropriate;

 

  • that is inaccurate, untrue, misleading, or deceptive; or,

 

  • that is defamatory, libelous, infringing of others’ rights, or otherwise unlawful.

 

  • We expressly disclaim any responsibility for the content, legality, decency, or accuracy of any information, and for any content, products, goods, services, or information, that appear on any Third-Party Site or in advertisements or content that Third Parties may have listed or offered through our Services.

 

  • To the extent any features, aspects, products, or services offered through the Services are provided, in whole or in part, by third parties (“Third-Party Services” as provided by “Third-Party Service Providers”), you may be subject to additional terms and conditions. To the extent applicable, you will receive a notification and have the opportunity to accept such terms and conditions. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO BE BOUND BY THOSE ADDITIONAL TERMS AND CONDITIONS, DO NOT USE THE RELATED THIRD-PARTY SERVICES.

 

  • In the event of any inconsistency between terms of use relating to Third-Party Services and these Terms, those additional terms and conditions will control with respect to such Third-Party Services. Third-Party Service Providers may collect and use certain information about you, as specified in the Third-Party Service Provider’s privacy policies. Prior to providing information to any Third-Party Service Provider, you should review their privacy policy. IF YOU DO NOT UNDERSTAND OR DO NOT AGREE TO THE TERMS OF A THIRD-PARTY SERVICE PROVIDER’S PRIVACY POLICY OR TERMS OF USE, YOU SHOULD NOT USE THE RELATED THIRD-PARTY SERVICES. WE WILL NOT, UNDER ANY CIRCUMSTANCES, BE RESPONSIBLE OR LIABLE FOR ANY OF YOUR INFORMATION COLLECTED OR USED BY THIRD-PARTY SERVICE PROVIDERS.

 

  • Any reference in the Services to any product, service, publication, institution, or organization of any third-party entity, or individual does not constitute or imply our endorsement or recommendation.

 

  • We may have affiliate relationships with Third Parties and in the event that you make a purchase with such Third Parties, we may receive an affiliate payment or commission.

 

  1. User Content

 

  • “User Content” means any and all information and content that a user submits to, or uses with the Services, including but not limited to, content in the user’s profile or postings. You may choose to enter this information manually or, where available, synchronize with a third-party website. FlyFishFinder does not verify the accuracy or completeness of User Content and these may therefore be subject to errors.

 

  • You are solely responsible for your User Content. You assume all risks associated with use of your User Content, including any reliance on its accuracy, completeness, or usefulness by others, or any disclosure of your User Content that personally identifies you or any third party. You hereby represent and warrant that your User Content does not violate the Terms of Use. You alone are responsible for your User Content, you may expose yourself to liability if, for example, your User Content violates this Terms of Use in any way.

 

  • You may not represent or imply to others that your User Content is in any way provided, sponsored, or endorsed by us.

 

  • FlyFishFinder does not and is not obligated to backup any User Content, and your User Content may be deleted at any time without prior notice. You are solely responsible for creating and maintaining your own backup copies of your User Content.

 

  • We may, at our discretion, pre-screen User Content submission and may choose to remove User Content at any time as we see fit. You agree that FlyFishFinder is not responsible for any financial loss, liability, or damage of any kind that you may incur as a result of our removing or refusing to publish User Content.

 

  • We reserve the right, but have no obligation, to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate these Terms of Use or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your account, and/or reporting you to law enforcement authorities.

 

  • You understand that FlyFishFinder is not liable for any third-party communications that you may receive from third parties or affiliates of FlyFishFinder, in connection with your account. You are solely responsible for evaluating and verifying the identity and trustworthiness of any correspondence you receive. FlyFishFinder makes no representations or warranties with regards to the accuracy, trustworthiness, or identity of third-party communications.

 

  • You grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works, publish, distribute, and sublicense your User Content.

 

  • Suggestions and Improvements. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Services (“Feedback”). By sending us Feedback, you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, sublicensable, and transferable worldwide license to use, modify, prepare derivative works, publish, distribute and sublicense the Feedback, and (v) you irrevocably waive, and cause to be waived, against FlyFishFinder and its users any claims and assertions of any moral rights contained in such Feedback.

 

  1.  

 

  • Subject to this section, the Terms will remain in full force and effect while you use the Services. We may suspend or terminate your rights to use the Services (including your account) at any time for any reason, or no reason, at our sole discretion, including for any use of the Services in violation of these Terms.

 

  • Upon termination of your rights under these Terms, your Account and right to access and use the Services will terminate immediately. You understand that any termination of your account may involve deletion of your User Content associated with your account from our live databases.

 

  • FlyFishFinder will not have any liability whatsoever to you for any termination of your rights under these Terms, including for termination of your account or deletion of your User Content.

 

  • You may terminate your use of FlyFishFinder Services at any time by deleting your account via the app settings (or via your app management area within your device settings (ie. Apple devices you go to settings; your apple ID at the top; Subscriptions; deletion can happen here) or contacting support@flyfishfinder.com.

 

  1. You expressly acknowledge, represent, warrant, and agree that you understand:

 

  • The information contained in this Terms of Use is for informational purposes only and is not intended as nor should be construed as advice or recommendations and is not guaranteed to produce results.

 

  • FlyFishFinder does not warrant or guarantee the suitability or availability of any material or content, including without limitation any, data, products, or services, found through the Services.

 

  • FlyFishFinder does not screen the authenticity or quality of any material or content or any provider of material or content, including, data, products, or services found through the Services.

 

  • FlyFishFinder makes no representations or promises regarding any material or content, and that some of the material or content provided via the Services may be owned or licensed by Third Parties.

 

  • FlyFishFinder is not a party to any transaction between you and any provider of products or services via the Services except as may be specifically stated herein. Any dispute shall be resolved between yourself and the provider of such products or services or your customer.

 

  • Any information, including any data, FlyFishFinder Materials, or content provided by FlyFishFinder through the Services, including on any FlyFishFinder Facebook, Instagram, Twitter, or other social media pages, are for informational purposes only.

 

  • You assume all risk when using the Services, including all the risks associated with any online or offline interactions with other users, providers of products and services, and from additional fees or charges from your mobile carrier.

 

  • You are of legal age to form a binding contract and are at least the age as noted earlier herein, or of the age of majority where you reside, or you have the authority of such legal entity to form a binding contract; all registration information you submit is accurate and truthful; you will maintain the accuracy of such information; and you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services.

 

  1.  

 

  • You agree to indemnify, defend, and hold harmless FlyFishFinder, its parents, subsidiaries, and other affiliated companies, and their respective officers, directors, employees, agents, and other representatives (collectively, FlyFishFinder) against all claims, demands, causes of action, losses, expenses, damages, and costs (including any reasonable attorneys’ fees), resulting or arising from or relating to your use of the Services, any activity related to your account by you or any other person permitted by you, any Content that you submit to, post on or transmit through the Services, your breach of this Terms of Use, your infringement or violation of any rights of another, or termination of your access to the Services. We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as requested by us.

 

  • You release and forever discharge FlyFishFinder from, and hereby waive and relinquish, each and every past, present, and future dispute, claim, controversy, demand, right, obligation, liability, action, and cause of action of every kind and nature (including personal injuries, death, and property damage), that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Services, including any interactions with, or act or omission of, other users or any Third-Party Sites or Third-Party Services, including but not limited to: (i) your use of the Services, (ii) any activity related to your accounts by you or any other person, (iii) your violation of this Terms; (iv) your infringement or violation of any rights of another, (v) your violation of applicable laws or regulations, or (vi) your User Content.

 

  • FlyFishFinder reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without the prior written consent of FlyFishFinder. FlyFishFinder will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

 

  • IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW OR SUSPECT TO EXIST IN [THEIR] FAVOR AT THE TIME OF EXECUTING THE RELEASE AND THAT, IF KNOWN BY [THEM], WOULD HAVE MATERIALLY AFFECTED [THEIR] SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY.”

 

  1. Warranties, Disclaimers, and Limitations of Liability. You expressly understand and agree that:

 

  • Your use of the Services is at your sole risk. The Services and the associated materials and content are provided on an “as is” and “as available” basis. FlyFishFinder, its parents, subsidiaries and other affiliated companies, and their respective officers, directors, employees, agents, and other representatives expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a purpose and non-infringement. Without limiting the generality of the foregoing, FlyFishFinder makes no warranty that: (i) the Services will meet your requirements; (ii) the Services will be uninterrupted, timely, secure, or error-free; (iii) information that may be obtained via the Services will be accurate or reliable; (iv) the quality of any and all products, services, information or other materials, including all merchandise, products, goods or services, obtained or purchased by you directly or indirectly through the Services will meet your expectations or needs; and (v) any errors in the Services will be corrected.

 

  • FlyFishFinder Parties shall not under any circumstances be liable for any damages of any kind arising out of, in connection with or relating to the use of or inability to use the Services, including any liability: (i) as a publisher of information; (ii) for any incorrect or inaccurate information or any ‘bug’ of the Services; (iii) for any unauthorized access to or disclosure of your transmissions or data; (iv) for statements or conduct of any third party on or via the Services; (v) for any disputes between users of the Services or between a user of the Services and a Third Party; or (vi) for any other matter relating to the Services or any Third Party. This is a comprehensive limitation of liability that applies to all damages of any kind, including any direct, indirect, special, incidental, or consequential damages, whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if an individual advises FlyFishFinder Parties of the possibility of such damages. The limitations of liability set forth herein are fundamental elements of the basis of the bargain between FlyFishFinder and you. The products, information and services offered on and through the Services would not be provided to you without such limitations.

 

  • YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER FLYFISHFINDER NOR ANY OTHER PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICES WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA, LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE, OR THE COST OF SUBSTITUTE PRODUCTS OR APPLICATIONS, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES, OR FROM ANY COMMUNICATIONS, INTERACTIONS, OR MEETINGS WITH OTHER USERS OF THE SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FLYFISHFINDER HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH IN THESE TERMS IS FOUND TO HAVE FAILED IN MEETING ITS ESSENTIAL PURPOSE.

 

  • Notwithstanding the foregoing, the sole and entire maximum liability of FlyFishFinder Parties for any reason, and your sole and exclusive remedy for any cause or claim whatsoever, shall be limited to the charges paid by you directly to FlyFishFinder via the service, if any, for services provided solely and directly by FlyFishFinder to you in the three (3) months prior to such cause or claim or if there were no charges paid to FlyFishFinder a maximum of One Hundred Dollars ($100.00).

 

  • Some jurisdictions do not allow the disclaimer of certain warranties or the limitation or exclusion of liability for certain types of damages. Accordingly, some of the above disclaimers and limitations may not apply to you.

 

  • Any claim arising from the usage of the Services, regardless of the form or the basis of the claim, must be brought within one (1) years of the occurrence of the event from which the claim arose (or if multiple causes, from the date the first such cause arose).
  • Maps: FlyFishFinder is not responsible for inaccuracies, nor is any responsibility assumed for damages or other liabilities due to the accuracy, availability, use or misuse of the information provided on these maps.

 

  • IF YOU ARE DISSATISFIED WITH THE SERVICES OR THESE TERMS, YOUR ONLY REMEDY IS TO DISCONTINUE USING THE SERVICES.

 

  1. Purchases, Payments, and Cancellation.

 

  • Purchase of Services. FlyFishFinder offers a subscription for access to certain Services. From time to time, FlyFishFinder may provide free access to the Services for a limited time. In the event you purchase a subscription, you may cancel at any time. Cancellations are effective at the end of the then-current subscription period (the “Cancellation Effective Date”) and no further charges will be imposed; no refunds are issued for the period of time between your cancellation and the Cancellation Effective Date. You may continue to access the subscription sections of the Services until the Cancellation Effective Date.

 

  • Pricing and availability of all Services for sale, if any, displayed through the App and Platform are subject to change at any time before you click the button indicating that you want to purchase such Services.

 

  • Payment Processing Methods. FlyFishFinder may make available various payment processing methods to facilitate the purchase of the Services. You must abide by any relevant terms and conditions or other legal agreements with third-party payment processors, that govern your use of a given payment processing method. FlyFishFinder may add or remove payment processing methods at its sole discretion and without notice to you. Once your purchase is complete, FlyFishFinder or the payment processor may charge your credit card or other payment method that you provide us for any Services purchased, along with any additional applicable amounts (including any taxes). You are solely responsible for all amounts payable associated with purchases you make via the Services.

 

  • In the event you dispute any Services supplied by FlyFishFinder you must notify the reasons in writing to us at support@flyfishfinder.com, within fourteen (14) days of the charge date, if you do not notify FlyFishFinder within fourteen (14) days you will lose any right to dispute the quality of the Services or value.

 

  1. Applicable Law and Jurisdiction. Your use of the Services is governed by and will be enforced under the laws of the State of Minnesota without regard to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located within the above stated jurisdiction. Any controversy, claim, suit, injury, or damage shall be heard on an individual basis and shall not be consolidated with any controversy, claim, suit, injury, or damage of any other party. IN ANY CLAIM, ACTION, OR PROCEEDING TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THE TERMS OF USE INCLUDING, WITHOUT LIMITATION, RELATING TO YOUR USE OF THE SERVICES, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY.

 

  1. Dispute Resolution.

 

PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR RIGHTS.

 

  • You agree that any dispute between you and FlyFishFinder arising out of or relating to these Terms will be governed by the dispute resolution procedure outlined below. We want to address your concerns without needing a formal legal case, so we have included a tiered dispute resolution process. This Dispute Resolution section may be modified by a written agreement between you and FlyFishFinder.

 

  • Informal Dispute Resolution. Before filing a claim against FlyFishFinder, you agree to try to resolve the dispute informally by contacting support@flyfishfinder.com. Most user concerns can be resolved quickly and to your satisfaction through email.

 

  • Arbitration Agreement. In the unlikely event that our support team is unable to resolve a complaint you may have (or if we have not been able to resolve a dispute with you after attempting to do so informally), including, but not limited to, any alleged breach of these Terms, you agree to resolve the dispute through binding arbitration. Any controversy or claim related to the Services or this Terms of Use shall settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association then in effect and before a single arbitrator located in the State of Minnesota. You agree that printed copies of any and all agreements and/or notices in electronic form are admissible in any legal or regulatory proceedings. FlyFishFinder may seek any interim or preliminary relief from a court of competent jurisdiction in the State listed above necessary to protect its rights pending the completion of arbitration. Each party shall assume its own costs of arbitration.

 

  • Arbitration Exceptions. FlyFishFinder may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of the Services or infringement of intellectual property rights (for example, trademark, trade secret, copyright, or patent rights) without first engaging in the informal dispute-resolution process described above.

 

  • Opt-Out of Alternative Dispute Resolution Process. Notwithstanding the above, you can decline or “opt-out” of the alternative dispute resolution process described above by contacting support@flyfishfinder.com within thirty (30) days of first accepting these Terms and stating that you (first and last name) decline this dispute resolution process.

 

YOU UNDERSTAND AND AGREE THAT, BY NOT OPTING OUT OF THE ALTERNATIVE DISPUTE RESOLUTION PROCESS DESCRIBED, YOU WAIVE ANY RIGHT TO A JURY TRIAL TO WHICH YOU MAY OTHERWISE BE ENTITLED IN CONNECTION WITH ANY ACTION OR LITIGATION IN ANY WAY ARISING OUT OF OR RELATED TO THESE TERMS.

 

If you opt out of the dispute resolution process described in this section, or if any matter is otherwise determined not to be subject to such dispute resolution process, You submit to the exclusive jurisdiction of any state or federal court sitting in the State of Minnesota within twenty-five (25) miles of [county], Minnesota in any legal proceeding arising out of or relating to these Terms. You agree that any and all claims and matters arising out of these Terms, unless subject to the dispute resolution process described above, may be heard and determined in any such court, and You hereby waive any right to object to such filing on grounds of improper venue, forum non-convenience, or other venue-related grounds, unless such objection asserts that the claim or matter in dispute is subject to determination through the dispute resolution process described above.

 

  1.  

 

  • Entire Agreement. This Terms of Use constitute the entire agreement between FlyFishFinder and each user of the Services with respect to the subject matter of these Terms of Use.

 

  • If any provision of these Terms is determined to be invalid, illegal, or unenforceable, the remaining provisions of these Terms remain in full force, provided that the essential terms and conditions remain valid, binding, and enforceable and the economic and legal substance of the transactions contemplated by these Terms are materially preserved.

 

  • Assignment, Waiver, or Transfer. The failure of FlyFishFinder Parties to insist upon strict adherence to any term of these Terms of Use shall not constitute a waiver of such term and shall not be considered a waiver or limit that party’s right thereafter to insist upon strict adherence to that term or any other term contained in these Terms of Use. You may not assign or transfer your obligations or rights hereunder to another entity or individual. We may transfer, assign or delegate these Terms of Use and its rights and obligations without your consent.

 

  • Force Majeure. We shall have no liability to you hereunder if we are prevented from or delayed in performing our obligations, or from carrying on our business, by acts, events, omissions, or accidents beyond our reasonable control, including, without limitation, strikes, lock-outs or other industrial disputes (whether involving the workforce of us or any other party), failure of a utility service or transport or telecommunications network, act of God, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of plant or machinery, fire, flood or storm.

 

  • Relationship of the Parties. No agency, partnership, joint venture, or employment is created as a result of these Terms of Use and you do not have any authority of any kind to bind us in any respect whatsoever.

 

  • Any notices or other communications permitted or required under these Terms, including those regarding modifications to these Terms, will be in writing and given: (i) by FlyFishFinder via email (in each case to the address that you provide); and/or (ii) by posting to the App or Platform. For notices made by email, the notice will be effective as of the date the notice is first transmitted. you agree that any notice received from FlyFishFinder electronically satisfies any legal requirement that such notice be in writing. YOU ALONE ARE RESPONSIBLE FOR ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH FLYFISHFINDER IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON THE SENDING OF AN EMAIL TO THE ADDRESS WE HAVE ON FILE.

 

  1. Customer Service. If you have any comments or questions regarding these Terms of Use or wish to report any violation of these Terms of Use, you may contact us at the address below.

 

support@flyfishfinder.com

5812 26th Ave NW

Rochester, Minnesota, USA

507-363-1715

 

[END]

[DMCA Notice is on the next page.]

 

 Attributions Notice

FlyFishFinder, LLC strives to maintain accurate and up-to-date citations on this website. However, due to the dynamic nature of data sources, we cannot guarantee complete accuracy at all times. We endeavor to regularly review and update citations to the best of our ability. We commit to routinely reviewing our sources and updating where possible. Many sources are open datasets and by nature have unrestrictive license for use, and do not formally require citations. For a more complete list of attributions see this page: https://flyfishfinder.com/attribution/

 

FlyFishFinder, LLC

Digital Millennium Copyright Act (“DMCA”) NOTICE

  1. FlyFishFinder respects the intellectual property rights of others. Per the DMCA, we will respond expeditiously to claims of copyright infringement on the App or Platform if submitted to our Copyright Agent as described below. Upon receipt of a notice alleging copyright infringement, FlyFishFinder will take whatever action it deems appropriate within its sole discretion, including removal of the allegedly infringing materials and termination of access for repeat infringers of copyright-protected content.

 

2. Procedure for Notifying FlyFishFinder of Copyright Infringement. If you believe that your intellectual property rights have been violated by us or by a third party who has uploaded materials to our website, please provide the following information to the designated Copyright Agent listed below:

 

3. A description of the copyrighted work or other intellectual property that you claim has been infringed;

 

4. A description of where the material that you claim is infringing is located on the App or Platform;

 

5. An address, telephone number, and email address where we can contact you and, if different, an email address where the alleged infringing party, if not FlyFishFinder can contact you;

 

6. A statement that you have a good-faith belief that the use is not authorized by the copyright owner or other intellectual property rights owner, by its agent, or by law;

 

7. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner’s behalf; and

 

8. Your electronic or physical signature.

 

9. We may request additional information before removing any allegedly infringing material. In the event that we remove the allegedly infringing materials, we will immediately notify the person responsible for posting such materials that we removed or disabled access to the materials. We may also provide the responsible person with your email address so that the person may respond to your allegations.

 

Pursuant to 17 U.S.C. 512(c). FlyFishFinder’s designated Copyright Agent is: Andrew Boeddeker