Join The FishOutLoud Movement
If you do not agree to these Terms, you may not access or use the Service. We may update and modify the Terms from time to time. Your continued use of the Service means that you have accepted those modifications.
To access our services, you will need to validly register for an account and to become a member with verified phone and email. By becoming a member, you represent and warrant that you are over the age of eighteen (18) and are capable of entering into legally binding agreements in the relevant jurisdiction. You also represent and warrant that you will comply with any and all applicable laws.
You understand that by accessing the Site, and in becoming a member, you receive the ability to use the Site to shop for merchandise, learn fishing and/or join some great causes. While we may provide information that may be helpful, Company does not endorse any particular product or cause.
ANY ATTEMPT TO PERFORM ANY PROHIBITED ACTS, OR TO OTHERWISE UNDERMINE THE OPERATION OF THE SITE, MAY BE A VIOLATION OF CRIMINAL AND CIVIL LAW. SHOULD SUCH AN ATTEMPT BE MADE, WE RESERVE THE RIGHT, IN ADDITION TO OUR OTHER REMEDIES, TO SEEK DAMAGES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES) FROM ANY SUCH INDIVIDUAL OR ENTITY TO THE FULLEST EXTENT PERMITTED BY LAW.
You agree to use the Site for legitimate purposes expressly permitted by this Site. You shall not broadcast or share through the Site any content that disregard or breaches the rights of others, or which is aggressive, offensive, abusive, derogatory, injurious, libelous, invasive of privacy or publicity rights, indecent, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
We reserve all rights, in our sole discretion to remove, suspend, disable access to or otherwise to restrict access to the Site or to User Content that we consider to be a violation of these Terms, Company policies and procedures, we consider harmful to the Site, to Company or to any other Member or third party or which we consider to be otherwise objectionable or for any other reason.
The Site and Service contain intellectual property owned by Company, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the www.fishoutloud.com domain name, logo, all designs, text, graphics, other files, and the selection and arrangement thereof. The entire Content of our Site is protected by intellectual property law, including international copyright and trademark laws. You are prohibited from modifying, publishing, transmitting, participating in the transfer or sale of, creating derivative works from, distributing, displaying, reproducing or performing, or in any way exploiting in any format whatsoever any of the Site or Service Content or intellectual property, in whole or in part without our prior written consent, including any and all text, graphics, code, software, video, audio, or other Content. We reserve the right to immediately remove you from the Service, without refund, or restrict you from access to the Site, if you are caught violating this intellectual property policy.
The Services may contain links to other websites. The Services also may utilize third party Services, advertisements, offers and payment systems. Company is not responsible for these third-party products, Services or their contents. The inclusion of such a link does not imply endorsement of the Services or its contents or any association with its operators. Company is not responsible for the accuracy, copyright compliance, legality, decency, or appropriateness of the content, nor the advertising, products, or other materials on such sites. Under no circumstances shall Company be held responsible or liable, directly or indirectly, for any loss or damages caused or alleged to have been caused by use of or reliance on any content, goods or Services available from third parties. Any concerns regarding any third-party website should be directed to its respective site administrator.
THE INFORMATION ON OUR SITE IS PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF OUR SITE IS AT YOUR SOLE RISK. INFORMATION ON OUR SITE SHOULD NOT NECESSARILY BE RELIED UPON. WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY OF THE INFORMATION PROVIDED, AND ARE NOT RESPONSIBLE FOR ANY LOSS RESULTING FROM YOUR RELIANCE ON SUCH INFORMATION. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE OR SERVICE, YOUR SITE USE, OR THE SITE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
ADDITIONALLY, COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (A) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (B) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (C) THIRD PARTY THEFT OF, DESTRUCTION, OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE ,GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THIS APPLIES EVEN IF Company WAS ADVISED OF THE POSSIBILITY OR COULD HAVE FORESEEN THE DAMAGES.
YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK AND RESPONSIBILITY. YOU AGREE THAT YOU ARE VOLUNTARILY USING THE SERVICES.
YOU EXPRESSLY AGREE TO RELEASE AND DISCHARGE ALL INDEMNIFIED PARTIES (AS DEFINED BELOW) FROM ANY AND ALL CLAIMS OR CAUSES OF ACTION AND YOU AGREE TO VOLUNTARILY GIVE UP AND IRREVOCABLY WAIVE AND RELEASE ANY RIGHT THAT YOU MAY OTHERWISE HAVE TO BRING A LEGAL ACTION AGAINST ANY INDEMNIFIED PARTY FOR PERSONAL INJURY.
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.
As the Site develops, users may be asked to provide comment or other communication on the Site. Any user submissions will be considered non-confidential and non-proprietary, and Company will be free to copy, disclose and otherwise use for non-commercial or commercial uses any communication submitted by users. Users are prohibited from posting or transmitting to or from this Site any unlawful, threatening libelous, defamatory, obscene, pornographic or other material that would violate any state, federal or international law, including without limitation, any material that would infringe upon the intellectual property or other rights of a third party.
Company reserves the right to terminate the access of any user who violates any section of these Terms, without notice, at any time. In consideration for access to the Site, user agrees that Company may, in its sole discretion, terminate the user’s access for any reason whatsoever, close the Site or alter any aspect of it at any time, impose limits or restrict user access or make any other business decision affecting the Site, without notice and without any liability to user.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
DBA – FishOutLoud
1855 Lindsey Magnolia Ct
Navarre, FL 32566
Except where prohibited, user agrees that the interpretation, construction and enforceability of these Terms will be governed in accordance with the laws of Florida. User hereby consents and submits to the personal jurisdiction of the courts of Santa Rosa County for any litigation related to these Terms. Except where prohibited, user agrees that all disputes, claims or causes of action connected with these Terms shall be resolved individually, and not give rise to any form of class action. Further, any judgments and awards will be limited to the extent allowed by law to actual out-of-pocket costs incurred, except that the prevailing party will be entitled to attorneys’ fees. Notice of any claim or cause of action must be served upon Company no later than 12 months after the occurrence of the event giving rise to the claim or be forever barred. In the event of a dispute, the parties will make a good faith effort to resolve it without litigation. If the parties cannot resolve the dispute within 30 days, either party may submit such a dispute to mediation. If mediation cannot resolve the dispute, the parties are free to pursue all remedies and rights available under law.
If any term, provision, covenant, or condition of these Terms is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Terms shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
These Terms bind and inure to the benefit of the parties’ successors and assigns. These Terms are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
We may at any time amend these Terms. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.