All materials contained on this website, FishingCharters.com are the of Copyright FishingCharters.com LLC (unless otherwise stated of their respective owners), and are not authorized for use, copy or distribution by any persons unless permission is clearly stated by FishingCharters.com, LLC.
FishingCharters.com limits the liabilities of information or content on this website. Under no circumstances shall the site owner or publisher be liable under any theory or recovery, at law or in equity, for any damages, including without limitation, special, direct, incidental, consequential or punitive damages (including, but not limited to loss of use or lost profits), arising out of or in any manner connected with the use of information or services, or the failure to provide information or services, from the website. This website may contain technical inaccuracies or typographical errors. Changes are made periodically to the information and/or graphics on this website and are provided on a strictly “as is” basis.
FishingCharters.com captures information from its visitors in two different ways: directly when you submit to us or sign up for an account and indirectly through our website server technology. FishingCharters.com never collects or maintains information at our website from those we actually know are under 13. FishingCharters.com may use and share information collected with trusted third-parties without notice.
Our site collects traffic information from visitors to be used for statistical analysis and Web site improvement. When you access our site, we collect information about your visit in a log file on the server. Log file information may include, but is not limited to, internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We use this information to analyze trends, administer the site, track users' movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information. We do not try to track you or to identify you individually, but we do review this information to understand overall trends and to determine what kinds of content are popular and useful to our visitors.
We may also use tracking and analysis software and to identify and analyze patterns of browsing by our visitors. We use this information to understand which parts of the site seem to be interesting, whether any aspects of the site seem to be confusing or overlooked, and how well our marketing activities are working.
Cookies are small files of information that Web sites can store on your computer's hard drive. The FishingCharters.com site assigns a unique number-letter combination that is used only when you are on our site. This number-letter combination is used to identify and analyze patterns of browsing by our visitors.
Throughout our site, we have email addresses posted to encourage our users to contact us directly. If a user submits an email to us, we respond to the email directly to answer questions or comments. We do not sell or otherwise disclose email addresses to 3rd parties.
Our site contains links to other sites. FishingCharters.com does not operate any of these linked sites, cannot control what information such sites gather or what such sites do with the information, and is therefore not responsible for the activities of the operators of such sites. This privacy statement only applies to information collected by FishingCharters.com.
FishingCharters.com will assign you a user ID and a password when you register. Your user ID and password may only be used by you or members of your organization. You are solely responsible for maintaining and protecting the confidentiality of your user ID and password, and are fully responsible for all activities that occur under your user ID and password.
However, if we plan to use users' personally identifiable information in a manner different from that stated at the time of collection, we will notify such users by email if, and to the extent that, such users have provided their email addresses to us. If you do not reply to such an email, or we receive a reply of "undeliverable" or a similar message from your last known email address, in either case after a reasonable time, we will use the information in the different manner. We may collect personally identifiable information and use such information if we are required to do so by law or if we deem it advisable in the course of assisting law enforcement activities or protecting our Web site(s) and other information.
FishingCharters.com offers membership packages that are billed on a monthly basis. Each month on or about the 1st of the month FishingCharters.com, LLC will automatically renew your month-to-month basis membership at the membership fee and bill the credit card, debit card or other information on file with FishingCharters.com, LLC. Advertising packages are sold as units or based on impressions or placement for duration of time. All sales are final and no refunds are offered as all services are sold “as is” with no guarantees on views, impressions, calls, emails or other performance indicators. You can cancel your membership by logging in your account. Advertising can be cancelled by submitting a request in writing to your FishingCharters.com sales representative. The initial term of this Agreement will be defined in your membership package, and will continue for automatic subscription renewals thereafter until termination by either party in accordance with THE TERMS OF this Agreement. If FishingCharters.com, LLC deems it necessary, in its sole discretion, may immediately terminate this agreement, your account access, listings and access to our services and or advertising. If FishingCharters.com, LLC merely terminates your membership or advertising for its convenience and you are not in breach of this agreement we will refund your membership and or advertising fees on a pro rata basis from the date of such termination to the end of the current term. Termination of your membership and or advertising will include the removal of all account access, offering of information and services via the FishingCharters.com platform and barring you further use of the services and benefits of FishingCharters.com.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FISHINGCHARTERS.COM. LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF FISHINGCHARTERS.COM. LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, "DAMAGES"), RESULTING FROM: (A) THE USE OR INABILITY TO USE THE SERVICE; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SERVICE; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR INFORMATION OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SERVICE; (E) STATEMENTS OR CONDUCT OF ANY SERVICE PROVIDERS OR OTHER THIRD PARTY THROUGH THE SERVICE; (F) ANY OTHER MATTER RELATING TO THE SERVICE; (G) ANY BREACH OF THIS AGREEMENT BY FISHINGCHARTERS.COM. LLC OR THE FAILURE OF FISHINGCHARTERS.COM. LLC TO PROVIDE THE SERVICE UNDER THIS AGREEMENT OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY SERVICE PROVIDERS (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitations may not apply to you. You understand and agree that your unlimited access to the Website represents a substantial portion of the value you receive from your membership fee. THEREFORE, TO THE EXTENT FISHINGCHARTERS.COM, LLC IS FOUND LIABLE FOR ANYTHING RELATED TO THIS AGREEMENT OR THE USE OF THE SERVICE, FISHINGCHARTERS.COM, LLC'S LIABILITY FOR DAMAGES WILL NOT EXCEED THE EQUIVALENT OF ONE (1) MONTH OF MEMBERSHIP FEES (IF MEMBERSHIP FEES ARE PAID ON AN OTHER THAN MONTHLY BASIS IT WILL BE THE PRORATED VALUE OF MEMBERSHIP FEES OVER A ONE (1) MONTH PERIOD).
YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT FISHINGCHARTERS.COM. LLC CONTRACTS WITH A THIRD PARTY TO PROCESS YOUR PAYMENT OF MEMBERSHIP FEES TO FISHINGCHARTERS.COM. LLC THROUGH THE USE OF A CREDIT CARD (A "CREDIT CARD PROCESSOR"). YOU UNDERSTAND AND AGREE THAT NEITHER A CREDIT CARD PROCESSOR NOR ANY OTHER PARTY INVOLVED IN THE CREDIT CARD PROCESSING PROCESS FOR FISHINGCHARTERS.COM, LLC, INCLUDING, BUT NOT LIMITED TO, THE COMPANY ISSUING THE CREDIT CARD TO YOU AND THE MERCHANT BANK (COLLECTIVELY, THE "RELEASED PARTIES") SHALL BE LIABLE FOR ANY DAMAGES (AS DEFINED HEREIN AND SUBJECT TO THE LIMITATIONS SET FORTH WITHIN) SUFFERED BY YOU AS A RESULT OF THE FAILURE OF FISHINGCHARTERS.COM. LLC TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY FISHINGCHARTERS.COM, LLC. YOU HEREBY RELEASE EACH OF THE RELEASED PARTIES FROM ANY AND ALL DAMAGES YOU MAY SUFFER AS A RESULT OF THE FAILURE OF FISHINGCHARTERS.COM. LLC TO PROVIDE SERVICES TO YOU UNDER THIS AGREEMENT OR ANY BREACH OF THIS AGREEMENT BY FISHINGCHARTERS.COM, LLC. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS EACH OF THE RELEASED PARTIES FOR ANY AND ALL DAMAGES IT MAY SUFFER AS A RESULT OF YOUR BREACH. YOU HEREBY UNDERSTAND AND AGREE THAT FISHINGCHARTERS.COM. LLC SHALL BE SOLELY LIABLE FOR THE PAYMENT OF ANY DAMAGES TO YOU UNDER THIS AGREEMENT.
You agree to indemnify, defend and hold harmless FishingCharters.com, LLC, its officers, managers, owners, employees, agents, designees, users, successors, assigns, service providers and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of this Agreement by you; (b) the inaccurate or untruthful content or other information provided by you or a third party to FishingCharters.com, LLC or that you submit, transmit or otherwise make available through the service; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. FishingCharters.com, LLC will have sole control of the defense of any such damage or claim.
You understand and agree that, because damages are often difficult to calculate, if it becomes necessary for FishingCharters.com, LLC to pursue legal action to enforce the terms and conditions of this Agreement, you will be liable to pay FishingCharters.com, LLC the following amounts as liquidated damages, which you accept as reasonable estimates of FishingCharters.com, LLC damages for the specified breaches of this Agreement:
(a) If you post Content in violation of this Agreement, you agree to promptly pay FishingCharters.com, LLC One Thousand Dollars ($1,000) for each item of content posted in violation of this Agreement. We may (but shall not be required to) to issue you a warning before assessing damages.
(b) If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of this Agreement, you agree to pay Fidfteen Thousand Dollars ($15,000).
(c) If you use computer programming applications, routines or other services that are intended to aggregate records or reports from the FishingCharters.com, LLC service’s or otherwise damage, interfere with, modify, manipulate, disrupt, impair, disable or otherwise overburden our Website, You agree to pay One Thousand Dollars ($1,000) for each report or record that is aggregated, disrupted, damaged or otherwise affected by you.
(d) Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by FishingCharters.com, LLC, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of this Agreement, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in this Agreement, or any combination thereof.
This Agreement may not be resold or re-assigned by you and if you assign, attempt to assign any assignment will be void and unenforceable. This Agreement governs your use of the Service and constitutes the entire agreement between you and FishingCharters.com, LLC. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and FishingCharters.com, LLC regarding the subject matter contained in this Agreement. Additional terms and conditions may exist between you and third parties, including but not limited to, Service Providers and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to FishingCharters.com, LLC under this Agreement.
This Agreement and the relationship between you and FishingCharters.com, LLC will be governed by the laws of the State of Michigan, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Oakland County, Michigan and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that FishingCharters.com, LLC may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out or related to your use of the Service or this Agreement shall be filed within one (1) year after such claim or cause of action arose or will forever be barred.
IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU MUST NOT USE THE SERVICE. BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THE TERMS AND CONDITIONS OF THIS AGREEMENT AND YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.