These Terms of Service for Clients (“Terms”) govern your use of the FishFishMe website (“Site”) and other services offered by FishFishMe, as well as services offered through third parties integrating FishFishMe functionality (collectively, “Services”). FishFishMe, Inc., a Delaware corporation (“we” or “us”), provides the Site and Services. “You” refers to you as a user of the Site or Services. These Terms apply to all clients (defined below) using the Site and Services. If you are a Boat Operator (defined below), please contact firstname.lastname@example.org.
BY USING THE SITE OR SERVICES, YOU ARE AGREEING TO THESE TERMS. PLEASE READ THEM CAREFULLY.1. Services
The Site and Services offer you a marketplace platform where users who seek boat operators for chartered private fishing trips (“clients”) can select someone with the specific skill-set and interest the client is looking for (“Boat Operators”) in their location or any other location and Boat Operators can offer those services to clients. You can locate Boat Operators, schedule fishing trips, communicate with Boat Operators, and pay Boat Operators using the Site and Service.
The Site and Services may only be used to obtain or offer chartered private fishing trips; no other services may be obtained or offered. We do not employ any Boat Operators and we are not hiring a Boat Operator for you. We may, but are not obligated to, conduct reviews, verifications, and background checks of you or Boat Operators. Nonetheless, we do not have control over the quality, timing, or legality of the services actually delivered by Boat Operators, nor of the integrity, responsibility or actions of clients or Boat Operators and we make no warranties or guarantees about them. We do not procure or provide any insurance for Boat Operators, and it is solely each Boat Operator’s responsibility to obtain all licenses, permits, and insurance required to comply with all applicable laws and regulations and to comply with all applicable tax, anti-fraud, and anti-money laundering, and other applicable laws, regulations, and requirements of the United States and all other relevant jurisdictions.2. Eligibility
You must be at least 13 years old to use the Site or the Services. If you are under the age of majority in your state or country of residence, your parent or legal guardian must agree to these Terms on your behalf and you may only access and use the Site and Services with permission from your parent or legal guardian.3. Additional Terms
Some of our Services have additional terms and conditions (“Additional Terms”). Where Additional Terms apply to a Service, we will make them available for you to read through prior to your use of that Service. By using that Service, you agree to the Additional Terms.4. Booking Process
The booking of a fishing trip (“Booking”) is considered final only after all of the following are completed: You have (1) specified the date of the trip and the number of passengers, (2) chosen the Boat Operator and Booking package, (3) made a Booking request, and (4) made a deposit payment in an amount specified by the Boat Operator.
When you make a Booking, we put the transaction on hold until the Boat Operator confirms the fishing trip. Boat Operators will receive email alerts for Booking requests. The Boat Operator is required to reply to the fishing trip requests within 24 hours. The Boat Operator either confirms the Booking or proposes other dates if the requested Booking date is not available.
Upon the completion of a Booking as set forth above, (a) you must arrive at the precise time and location specified in the confirmation email or as previously agreed with the Boat Operator, and any delay will not be offset by the Boat Operator and (b) the Boat Operator must arrive at the precise time and location specified in the confirmation email or as pre-agreed with the client, and any delay will be offset by the Boat Operator. The Boat Operator is required to deliver all of the services outlined in the relevant package.
Payment for the Booking will be processed as follows: (a) you make a Booking and pay the deposit payment online and (2) you receive a Booking confirmation with complete trip details via email. Deposit payments will be processed by a third-party provider, and you hereby acknowledge and agree to any terms and conditions imposed by the third-party payment processor. Credit card payments are processed by our service provider, Stripe. For information about Stripe, please visit www.stripe.com.
The cancelation policy is determined by each Boat Operator and may vary from one Boat Operator to the other. Most Boat Operators will have a full refund policy for cancellation requests made 4 days prior to the booked trip date. Boat Operators must inform you of their cancellation policy prior to Booking. If you want to cancel or modify the Booking, you should send a cancellation request email to email@example.com referring to the Booking or Booking code.
The Boat Operator has the ultimate responsibility for the safety of the crew and the passengers onboard the boat. In the event that the trip can no longer be conducted safely due to adverse weather conditions, mechanical or other repair issues, or safety concerns (or for any other reason), the Boat Operator has the right to cancel any part or the entire trip (before or after departure). We will contact you in case of any cancellation or rescheduling made by the Boat Operator.
If the fishing trip is canceled due to adverse weather conditions, mechanical or other repair issues, or safety concerns, you may choose to either reschedule the trip or get a full refund. We are not responsible for any other expenses incurred by you incidental to making the fishing trip, including accommodation, transportation, insurance, and similar expenses.5. Acceptable Use of the Site and Services
You are responsible for your use of the Site and Services, and for any use of the Site or Services made using your account. Our goal is to create a positive, useful, and safe user experience. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to us. When you use the Site or Services, you may not:
The Site and some of our Services may allow you to upload, submit, store, send, or receive content and data (“User Content”). You retain ownership of any intellectual property rights that you hold in that User Content. In other words, you own your personal data.
When you upload, submit, store, send, or receive User Content to or through the Site or Services, you give us permission to reproduce and use your User Content as follows: you grant to us and those we work with a license to use, host, store, reproduce, modify, create derivative works (such as translations, adaptations, or other changes we make so that User Content works better with the Site and Services), publicly perform, publicly display, and distribute your User Content. This license is for the limited purpose of operating, promoting, and improving the Site and Services, and to develop new Services. Our license to your User Content is non-exclusive, meaning you may use the User Content for your own purposes or let others use your User Content for their purposes. This license is fully-paid and royalty free, meaning we do not owe you anything else in connection with our use of your User Content. We may exercise our rights under this license anywhere in the world. Lastly, this license is perpetual, meaning that our rights under this license continue even after you stop using the Site and Services. In general, however, we will only need to use your User Content for as long as you choose to store it with us using the Site or Services.
You promise that:
We may refuse to accept or transmit User Content for any reason. We may remove User Content from the Site or Services for any reason.7. Ownership
Other than User Content, we own or license all right, title, and interest in and to (a) the Site and Services, including all software, text, media, and other content available on the Site and Services (“Our Content”); and (b) our trademarks, logos, and brand elements (“Marks”). The Site and Services, Our Content, and Marks are all protected under U.S. and international laws.8. Copyright and Intellectual Property Policy
We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act. If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to the Copyright Agent named below:
For clarity, only copyright infringement notices should go to our Copyright Agent. You acknowledge that if you fail to comply with all of the requirements of this section your notice may not be valid.
If you believe the content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, from the copyright owner's agent, or pursuant to the law to post and use such content, you may submit a counter-notice to the address listed above containing the following information:
After we receive your counter-notification, we will forward it to the party who submitted the original claim of copyright infringement. Please note that when we forward the counter-notification, it includes your personal information. By submitting a counter-notification, you consent to having your information revealed in this way. We will not forward the counter-notification to any party other than the original claimant.
After we send out the counter-notification, the claimant must then notify us within 10 days that he or she has filed an action seeking a court order to restrain you from engaging in infringing activity relating to the content that was removed or disabled. If we receive such notification we will be unable to restore the material. If we do not receive such notification, we may reinstate the material in our discretion.9. Privacy
The Site and Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of us, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet in general. Your interactions with organizations or individuals, including Boat Operators and other clients, found on or through the Site and Services are solely between you and such organizations or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any interaction with any of these third parties. You agree that we not responsible or liable for any loss or damage of any kind or nature incurred as the result of any such dealings. If there is a dispute between users of the Site or Services, or between users and any third party, you understand and agree that we are under no obligation to become involved. In the event that you have a dispute with any other user of the Site or Services, you hereby release us and our affiliates, and their officers, employees, agents, and successors from claims, demands, and damages (actual and consequential) of every kind or nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes or the Site and Services. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.11. Links
We enhance and update the Site and Services often. We may change or discontinue the Site or Services at any time, with or without notice to you.13. Termination
We reserve the right to not provide the Site or Services to any person. We also reserve the right to terminate any user’s right to access the Site or Services at any time, in our discretion. If you violate any of these Terms, your permission to use the Site and Services automatically terminates.14. Disclaimer and Limitations on Our Liability
YOU USE THE SITE AND SERVICES AT YOUR OWN RISK. THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE AND OUR OFFICERS, EMPLOYEES, DIRECTORS, SHAREHOLDERS, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, AND LICENSORS (“AFFILIATES”) DISCLAIM ALL WARRANTIES, CONDITIONS, AND REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THOSE RELATED TO MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT AND THOSE ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE.
IN PARTICULAR, WE AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY OR COMPLETENESS OF CONTENT AVAILABLE ON OR THROUGH THE SITE OR SERVICES, OR THE CONTENT OF ANY WEBSITES OR ONLINE SERVICES LINKED TO OR INTEGRATED WITH THE SITE OR SERVICES. WE AND OUR AFFILIATES WILL HAVE NO LIABILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY OR PROPERTY DAMAGE RESULTING FROM YOUR ACCESS TO OR USE OF THE SITE OR SERVICES; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR OF ANY PERSONAL INFORMATION OR USER DATA; (d) ANY INTERRUPTION OF TRANSMISSION TO OR FROM THE SITE OR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED ON OR THROUGH THE SITE OR SERVICES BY ANY THIRD PARTY; OR (f) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED OR SHARED THROUGH THE SITE OR SERVICES.
YOU ARE SOLELY RESPONSIBLE FOR YOUR INTERACTIONS WITH OTHER USERS (INCLUDING BOTH CLIENTS AND BOAT OPERATORS). YOU UNDERSTAND THAT WE MAY NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR SCREENINGS ON OR ANY OTHER SCREENING OF CLIENTS OR BOAT OPERATORS. WE ALSO MAY NOT INQUIRE INTO THE BACKGROUNDS OF ALL CLIENTS OR BOAT OPERATORS OR ATTEMPT TO VERIFY THE STATEMENTS OF CLIENTS OR BOAT OPERATORS. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF CLIENTS OR BOAT OPERATORS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE CLIENTS OR BOAT OPERATORS. WE RESERVE THE RIGHT TO CONDUCT ANY CRIMINAL BACKGROUND CHECK OR OTHER SCREENINGS (SUCH AS SEX OFFENDER REGISTER SEARCHES), AT ANY TIME AND USING AVAILABLE PUBLIC RECORDS.
WE DO NOT PROCURE ANY PROPERTY, PERSONAL INJURY, OR OTHER FORMS OF INSURANCE FOR BOAT OPERATORS AND IT IS SOLELY EACH BOAT OPERATOR’S RESPONSIBILITY TO OBTAIN ANY LICENSES AND/OR PERMITS REQUIRED TO OPERATE AND COMPLY WITH ALL LAWS AND REGULATIONS APPLICABLE TO SUCH BOAT OPERATOR AND THE BOOKING.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR INFORMATION DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE ARISING FROM DOING SO. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE IN THESE TERMS.
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING FOR THE INDIRECT LOSS OF PROFIT, REVENUE, OR DATA) ARISING OUT OF OR RELATING TO THE SITE OR SERVICES, HOWEVER CAUSED, AND UNDER WHATEVER CAUSE OF ACTION OR THEORY OF LIABILITY BROUGHT (INCLUDING UNDER ANY CONTRACT, NEGLIGENCE, OR OTHER TORT THEORY OF LIABILITY) EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THE TERMS, THE SITE, OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE FEES YOU HAVE ACTUALLY PAID US DURING THE 12 MONTHS PRECEDING THE CLAIM GIVING RISE TO SUCH LIABILITY.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such law.15. Indemnification
You agree to indemnify and hold harmless our company and its Affiliates from and against any and all claims, costs, proceedings, demands, losses, damages, and expenses (including, without limitation, reasonable attorney’s fees and legal costs) of any kind or nature, arising from or relating to, any actual or alleged breach of these Terms by you or anyone using your account. If we assume the defense of such a matter, you will reasonably cooperate with us in such defense.16. Other Provisions
Under no circumstances will we be held liable for any delay or failure in performance due in whole or in part to any acts of nature or other causes beyond our reasonable control.
These Terms will be governed by and construed in accordance with the laws of the State of California, without giving effect to any conflict of laws rules or provisions.
You agree that any action of whatever nature arising from or relating to these Terms, the Site, or Services will be filed only in the state or federal courts located in San Diego County, California. You consent and submit to the personal jurisdiction of such courts for the purposes of any such action.
If any provision of these Terms is found to be unlawful or unenforceable, then that provision will be deemed severable from these Terms and will not affect the enforceability of any other provisions.
The failure by us to enforce any right or provision of these Terms will not prevent us from enforcing such right or provision in the future.
We may assign our rights and obligations under these Terms, including in connection with a merger, acquisition, sale of assets or equity, or by operation of law.17. Changes to these Terms
From time to time, we may change these Terms. If we change these Terms, we will give you notice by posting the revised Terms on the Site. Those changes will go into effect on the Revision Date shown in the revised Terms. By continuing to use the Site or Services, you are agreeing to the revised Terms.
PLEASE PRINT A COPY OF THESE TERMS FOR YOUR RECORDS AND PLEASE CHECK THE SITE FREQUENTLY FOR ANY CHANGES TO THESE TERMS.
We collect information that personally identifies you, such as your name, address, phone number, mobile phone number, e-mail, payment information, and other personally identifiable information that you choose to provide us with or that you choose to include in your account (“Personal Information”). You may be asked to provide us with Personal Information when you register with the Site or use any of our Services, and at other times.
Usage Data and Site Activity
We automatically collect information regarding the actions you take on the Site (“Usage Data”). For example, each time you use the Site we automatically collect the type of Web browser you use, your operating system, your Internet Service Provider, your IP address, the pages you view, and the time and duration of your visits to the Site. We use this information to help us understand how people use the Site and Services, and to enhance the services we offer.
Cookies and Anonymous Identifiers
We use Google Analytics on the Site and Services to collect Usage Data, to analyze how users use the Site and Services, and to provide advertisements to you on other websites. For more information about how to opt out of having your information used by Google Analytics, visit https://tools.google.com/dlpage/gaoptout/.3. How We Use Information and When We May Share and Disclose Information Generally
By using the Site or the Services, you may make certain of your Personal Information available to others. For example, when you post a comment or a photo on the Site, other users may see your name (first name and last name initial), the city you live in and other information that you choose to make available to others.5. Service Providers
From time to time, we may establish a business relationship with other businesses that we believe trustworthy and that have confirmed that their privacy practices are consistent with ours (“Service Providers”). For example, we may contract with Service Providers to provide certain services, such as hosting and maintenance, data storage, payment processing and management, and marketing and promotions. We only provide our Service Providers with the information necessary for them to perform these services on our behalf. Each Service Provider must agree to use reasonable security procedures and practices, appropriate to the nature of the information involved, in order to protect your Personal Information from unauthorized access, use, or disclosure. Information provided to Services Providers may be transmitted to or stored in other jurisdictions. Service Providers are prohibited from using Personal Information other than as specified by us.6. Advertising and Online Tracking
To opt out of sharing your Personal Information with third parties for their direct marketing purposes, please e-mail us at firstname.lastname@example.org and clearly state your request, including your name, mailing address, e-mail address and phone number. Please the Managing Your Information Preferences Section above for additional information.7. Other Transfers
We cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We may disclose Personal Information and any other information about you to government or law enforcement officials or private parties if, in our discretion, we believe it is necessary or appropriate in order to respond to legal requests (including court orders and subpoenas), to protect the safety, property, or rights of our company or of any third party, to prevent or stop any illegal, unethical, or legally actionable activity, or to comply with the law.9. Be Careful When You Share Information with Others
Please be aware that whenever you share information on any public area of the Site or Services, that information may be accessed by others. In addition, please remember that when you share information in any other communications with third parties, that information may be passed along or made public by others. This means that anyone with access to such information can potentially use it for any purpose, including sending unsolicited communications.10. Security
We maintain physical, electronic, and procedural safeguards to protect the confidentiality and security of information transmitted to us. However, no data transmission over the Internet or other network can be guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the Site or Services, we cannot and do not guarantee the security of any information you transmit on or through the Site or Services, and you do so at your own risk.11. Third Party Websites