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Regarding Use of the FishUSA.com Site and the FishUSA.com Regional Sites Welcome to FishUSA.com® and the FishUSA.com® regional sites. The FishUSA.com® site, and all of the FishUSA.com® regional sites, are owned by FishUSA, Inc. Below the words "we", "us", "our" refer to FishUSA, Inc. The words "you", "your" and "visitors" refer to any and all persons who use or visit any of our sites. The FishUSA.com® site, and all the FishUSA.com® regional sites, are collectively referred to below as "our sites." We provide our services and offer our sites subject to the following notices, terms and conditions, all of which are referred to below as our "Terms of Service." By using our sites, you agree to the Terms of Service listed on this page. COPYRIGHT All content included on our sites, including but not limited to text, graphics, maps, logos, icons and images, is our property and is protected by United States and international copyright laws unless otherwise stated on the page on which the content appears. All software used on our sites is our property or the property of our software suppliers and is protected by United States and international copyright laws. The content of our sites may be used only for personal information purposes. Any other use, including but not limited to the reproduction, modification, distribution, transmission, republication or display of any of the content on our sites is strictly prohibited. No portion of the content of our sites may be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial purpose without our prior express written consent. COPYRIGHT COMPLAINTS We respect the intellectual property of others. If you believe your work has been copied in a way that constitutes copyright infringement, please notify us immediately in writing at our address below and we will promptly contact you to address your concerns. TRADEMARKS AND SERVICE MARKS FishUSA.com® is a registered trademark, and FishUSA, the phrases "America's Tackle Shop" and "It's all about fishing", the names of the FishUSA.com® regional sites, and the graphics, logos and service names used on our sites are our trademarks and/or service marks. 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. OUR RIGHT TO REFUSE SERVICE We reserve the right to refuse service to, and to terminate the accounts, password, listing 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 believe that the conduct of any visitor violates applicable law, or is offensive or inappropriate, or is harmful to our interests. USER NAMES AND PASSWORDS You are responsible for maintaining the confidentiality of your account number and/or password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you. LISTINGS OF CHARTER CAPTAINS, STREAM GUIDES, LODGING, MARINAS AND OTHER INFORMATION On our regional sites we provide information about charter captains, stream guides, places of accommodation, marinas, boat launches and other similar information. Our provision of this information does not constitute an endorsement of any business listed and we make no representation of the type or quality of service of any such business or service listed. FISHING REPORTS, RECIPES, DISCUSSION BOARDS, PRODUCT REVIEWS AND OTHER VISITOR SUBMITTED INFORMATION We enable visitors to our sites to post reviews of and comments on products featured on our sites. We also enable visitors to our sites to post recipes, post fly and lure patterns, post fishing reports, post to discussion boards, engage in online chat, and engage in other interactive online services. If you post or submit any information to any of our sites, including but not limited to any product review, comment, recipe, fishing report or fly or lure pattern, or if you post any fishing report or post to a discussion board or chat room, you grant to us a non-exclusive, royalty-free, perpetual, irrevocable, and fully sublicensable 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 and email address that you submit with any information you submit to us. Users alone are responsible for the content of the information they post or submit to our sites as well as the consequences of any such postings or submissions. You agree that you will not use our services or our sites for commercial solicitations of any kind. You further agree that you will not use our services or our sites for chain letters, junk mail, "spamming" or to engage in illegal activities. You further agree not to use our services or our sites 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 violates community standards applicable to our sites. You agree that if you submit any information to any of our sites, 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 any of our sites 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. All information which users submit to our sites, including but not limited to recipes, reports, reviews and chat and bulletin board communications, are public and not private communications. Although we reserve the right to remove without notice any information posted by any user for any reason, we have no obligation to delete content that you may find objectionable or offensive. CUSTOMER SURVEYS Upon the completion of a sale, customers may be asked to complete surveys conducted by Buzzillions.com or other third party providers. OUR RIGHT TO ACCESS ACCOUNTS In order to ensure that we are able to provide high quality services which are responsive to the needs of our visitors, you must and do consent to permitting our employees to access your account and records on a case by case basis to investigate complaints or other allegations or instances of abuse. We shall not disclose the existence or occurrence of such an investigation unless required by law. OUR RIGHT TO TERMINATE ACCESS Violation of our Terms of Service may result in immediate deletion of a user's account and denial of future access to our sites. We may modify or discontinue our services or your account with or access to our sites, with or without notice, without liability to you, any other user or any third party. We reserve the right to terminate your account with or access to our sites if we learn that you have provided us with false or misleading registration information, interfered with other users or the administration of our services, or violated any of our Terms of Service set forth on this page or any other page on our sites setting forth any policy or term of service. 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 sites. Any such change is effective when posted on our sites. DISCLAIMER OF WARRANTIES Our sites are provided to you free of charge and "as is." Although we use our best efforts to maintain our sites and assure their accuracy, we are not responsible for the results of any defects or errors that may be found to exist on any of our sites, or for any lost profits or other incidental or consequential damages that may result from such defects or errors. You should not assume that any of our sites is error-free or that any of our sites will be suitable for any particular purpose that you have in mind when using it. OUR SITES ARE 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 SITES OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON OUR SITES. 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 SITES, 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 third party claims, liability, damages and/or costs (including, but not limited to, attorneys' fees) arising from your use of our sites, 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. ENTIRE AGREEMENT These Terms of Service constitute the entire agreement between us, all users of our sites 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 the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect. APPLICABLE LAW Our sites are created and controlled by us in the State of Pennsylvania, USA. By using any of our sites all visitors 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 sites, 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 sites, 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 ADDRESS Our legal and mailing address is as follows: FishUSA, Inc. 1807 Pittsburgh Avenue Erie, PA 16502 USA These Terms of Service were updated July 2008 |