Terms, Conditions and Legal Notices Regarding Use of the FishUSA.com Website
Welcome to FishUSA.com. The FishUSA.com website is owned by FishUSA, Inc., which has a business address of 1807 Pittsburgh Avenue, Erie, PA 16502.
Below the words "we," "us" and "our" refer to FishUSA, Inc. The words "you," "your" and "visitors" refer to any and all persons who use or visit the FishUSA.com site. “Our site” refers to the FishUSA.com website and all websites that use the fishusa.com domain.
We provide our services and offer our site subject to the following notices, terms and conditions, all of which are referred to below as our "Terms of Service." By using our site, you agree to the Terms of Service listed on this page.
We reserve the right to change our site, and these Terms of Service, at any time.
Accessing, browsing or otherwise using our site indicates your agreement to all these terms of service.
INTELLECTUAL PROPERTY RIGHTS
All content, graphics, code and software used on or incorporated into our site, and the arrangement or integration of all such content, graphics, code and software, are subject to trademark, service mark, trade dress, copyright or other proprietary or intellectual property rights or licenses held by or licensed to us, and all rights thereto are specifically reserved.
FishUSA.com is a registered trademark, and FishUSA, the phrase "America's Tackle Shop," and the graphics, logos and service names used on our site are our trademarks or service marks. All rights in these marks are expressly reserved. These trademarks and service marks may not be used in connection with any product or service that is not our authorized product, or in any manner that does or is likely to cause confusion among customers or internet users, or in any manner that disparages or discredits us. Other trademarks, product names and company names or logos used on our site are the property of their respective owners.
USE OF OUR SITE
Subject to the terms and conditions of these Terms of Service, we hereby grant to you a limited, revocable, non-transferable and non-exclusive license to access and use our site by displaying it on your internet browser only for the purpose of shopping for personal items sold on our site, and not for any commercial use or use on behalf of any third party, unless our prior express written permission is obtained. Any breach of this Term of Service shall result in the immediate revocation of the license granted in this paragraph without notice to you. Permission is granted to electronically copy and print hard copies of pages from our site solely for personal, non-commercial purposes related to the placement of an order or shopping with us. The copying or printing of any of the content or information contained on our site for any other purpose is strictly prohibited, unless our prior express written permission is obtained.
Except as permitted in the paragraph above, you may not reproduce, distribute, display, sell, lease, donate, gift, transmit, create derivative works from, translate, modify, reverse-engineer, disassemble, decompile or otherwise exploit or attempt to do any of the foregoing unless our prior express written permission is obtained. You may not make any commercial use of any of the information provided on our site, or make any use of our site for the benefit of another business, unless our prior express written permission is obtained.
You agree that you will not upload to, distribute, or otherwise publish through our site any content, information, or other material that (a) violates or infringes the patent, copyright, trademark, service mark, trade secret, or other proprietary right of any person; (b) is libelous, defamatory, threatening, obscene, indecent or pornographic, or which could give rise to any civil or criminal liability under United States or international law; or (c) includes any viruse, bug, worm, trap door, Trojan horse or other harmful code or properties.
You agree that you will not use our site for commercial solicitations of any kind. You further agree that you will not use our site for chain letters, junk mail, "spamming" or to engage in illegal activities. You further agree not to use our site to send any message or material that is unlawful, offensive or inappropriate, or that is harmful to our interests, or that gives or may give rise to civil liability or otherwise the violate community standards applicable to our site.
USER NAMES AND PASSWORDS
You are responsible for maintaining the confidentiality of your customer information, including but not limited to your account number, email address and password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.
PRODUCT REVIEWS AND OTHER VISITOR SUBMITTED INFORMATION
We enable visitors to our site to post reviews of and comments on products offered on our site. If you post or submit any information to our site, including but not limited to any product review, image, question or comment, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, edit, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such information throughout the world in any media. You also grant to us and any of our sublicensees the right to use the name, email address and image that you submit with any information you submit to us.
Users alone are responsible for the content of the information they submit to our site as well as the consequences of any such submissions.
All information which you submit to our site, including but not limited to any product review, image, question or comment, is public and not private communication. Although we reserve the right to remove without notice any information posted by any visitor for any reason, we have no obligation to delete content that you may find objectionable or offensive.
You agree that if you submit any information to our site, the information you submit does not infringe the copyright or any other intellectual property right of any other person. You agree that if you submit any information to our site which is alleged or determined to infringe on the copyright or other intellectual property right of any other person, you will indemnify us and hold us harmless from any loss or damage we may sustain (including but not limited to litigation costs and attorneys' fees) as a consequence of your submission of such information.
Upon the completion of a sale, visitors may be asked to complete surveys conducted by third party providers. We are not responsible for any information you submit to any survey, or the manner in which any third party makes use of that information.
OUR RIGHT TO REFUSE SERVICE AND TERMINATE ACCESS
We reserve the right to refuse service to, and to terminate the accounts or access of any visitor, for any reason in our sole discretion. Reasons we may refuse or terminate service, accounts, passwords or access include, but are not limited to, if we learn that you have provided us with false or misleading registration or payment information, interfered with other users or the administration of our services, violated any of our Terms of Service, or engaged in conduct which violates applicable law, is offensive or inappropriate, or is harmful to our interests.
If we terminate your account or your access to our site, you shall immediately cease all access and attempts to access our site, and we shall, in addition to any other legal or equitable remedies, immediately revoke all password(s) and account identification issued to you and deny your access to and use of our in whole or in part. You agree that if you any attempt to access our site after we notify you by any reasonable means (including email to any email address we have on record) that your right to access our site has been terminated, such conduct by you constitutes an unlawful trespass on our property.
OUR RIGHT TO MODIFY THESE TERMS OF SERVICE
We reserve the right to make changes to these Terms of Service at any time by posting those changes on our site. Any such change is effective when posted on our site.
DISCLAIMER OF WARRANTIES
Our site is provided to you free of charge and "as is." Although we use our best efforts to maintain our site and assure its accuracy, we are not responsible for the results of any defects or errors that may be found to exist on our site, or for any lost profits or other incidental or consequential damages that may result from such defects or errors. You should not assume that our site is error-free or that our site will be suitable for any particular purpose that you have in mind when using it.
OUR SITE IS PROVIDED BY US ON AN "AS IS" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OUR SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.
AGREEMENT TO INDEMNIFY US
You agree to indemnify and defend us and hold us and our affiliates, officers, directors, employees, consultants, contractors and agents harmless from any and all claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of our site, your violation of these Terms of Service, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. These Terms of Service will inure to the benefit of our successors, assigns and licensees.
These Terms of Service constitute the entire agreement between us, all users of our site and any third party with respect to the subject matter hereof and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding this subject matter. Any waiver of any provision of the Terms of Service will be effective only if it is in writing and signed by us.
If for any reason a court of competent jurisdiction finds any provision or portion of these Terms of Service to be unenforceable, the remainder of these Terms of Service will continue in full force and effect.
Our sites are created and controlled by us in the Commonwealth of Pennsylvania, USA. By using our site, you irrevocably agree that the laws of the Commonwealth of Pennsylvania will govern these Terms of Service and the disclaimers, terms and conditions contained in these Terms of Service, without giving effect to any principles of conflicts of laws.
CONSENT TO JURISDICTION AND VENUE
By using our site, you irrevocably agree that if any legal action is brought in which we are a party, that legal action may be brought only in the state or Federal court located in Erie County, Pennsylvania, USA. By using our site, you expressly and irrevocably consent to personal jurisdiction of and venue in the Pennsylvania state courts and the Federal district court sitting in Erie County, Pennsylvania in any legal action that may be brought in which we are a party. You further expressly and irrevocably consent and agree that the Pennsylvania state courts and the Federal district court sitting in Erie County, Pennsylvania are convenient forums for any legal action that may be brought in which we are a party.
Our legal and mailing address is as follows:
1807 Pittsburgh Avenue
Erie, PA 16502 USA