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AnglerWeb.com Terms of Use Agreement
DATE LAST MODIFIED: January 29, 2007
This Terms of Use Agreement (this “Agreement”), which is a legal agreement between
you (“you”) and AnglerWeb, LLC (“AnglerWeb”), shall govern your use of and access
to AnglerWeb’s Web site located at
www.anglerweb.com
(the “Web site”) and all services
provided by AnglerWeb as described therein (the “Services”). By checking the box
or clicking the “I Agree” button at the end of the this Agreement, and/or by accessing
and/or using the Web site or Services, you (x) accept this Agreement and agree to
be bound by each of its terms, and (y) represent and warrant to AnglerWeb that (i)
you have the authority to enter into this Agreement, (ii) this Agreement is binding
and enforceable against you, (iii) if you are signing this Agreement on behalf of
an entity, you have authority to accept this Agreement on behalf of the company
for which you work (if applicable), and (iv) you have read and understand AnglerWeb’s
Privacy Policy (the “Privacy Policy”), the terms of which are posted at the Web
site and incorporated herein by reference, and agree to abide by the Privacy Policy.
If you do not agree with any of the terms contained herein, you should click the
“I do not Agree” button at the end of this Agreement and immediately cease any and
all activities on the Web site and/or use of any Services.
Please read this Agreement carefully. Even if you fail to accept this Agreement
as described above, by accessing the Web site and any pages thereof, you agree to
be bound by the terms and conditions below. If you do not agree to these terms and
conditions or anything contained in this Agreement, do not access or otherwise use
the Web site.
CHANGES TO SERVICES, AGREEMENT AND/OR WEB SITE
AnglerWeb may amend any part of this Agreement at any time, and the amended terms
will be effective 10 days after initial posting at the Web site. In addition, AnglerWeb
may, without prior notice, add, delete or modify some or all of the Services and/or
content available on the Web site at any time in its sole discretion. Further, AnglerWeb
may discontinue disseminating any portion of information or category of information,
may change or eliminate any transmission method and may change transmission speeds
or other signal characteristics. IF ANY OF THESE RULES OR ANY FUTURE CHANGES ARE
UNACCEPTABLE TO YOU, YOU SHOULD IMMEDIATELY DISCONTINUE USE OF THE SERVICES AND
WEB SITE. YOUR CONTINUED USE OF THE SERVICES OR WEB SITE NOW, OR FOLLOWING THE POSTING
OF ANY CHANGES IN THIS AGREEMENT, WILL INDICATE ACCEPTANCE BY YOU OF SUCH RULES,
CHANGES AND/OR MODIFICATIONS. You should review this Agreement periodically to ensure
you become aware of changes which are made to this Agreement by AnglerWeb from time
to time.
SERVICES AND PARTIES
The Services are described within various pages of the Web site. You should review
these pages to gain a better understanding of the Services and the goals behind
the Web site. At a general level, AnglerWeb serves as a resource to learn about
the fishing industry and as an online directory for fishing locations, fishing guides,
tournaments, lodges, fishing gear for sale, fishing gear wanteds, fish species,
fishing publications, fishing expositions and various related items and services
for sale. In addition, AnglerWeb has entered into various arrangements with third
parties to offer other products and services at the Web site.
AnglerWeb is not a manufacturer,
retailer or re-seller with respect to fishing gear or equipment or any other products
or services listed on the Web site. Rather, AnglerWeb is merely an online resource
for buyers and sellers of these goods and services to locate one another. AnglerWeb
does not endorse or recommend the products or services of any particular company
or manufacturer. AnglerWeb is not your agent, nor is AnglerWeb an agent for any
of the companies which list products and/or services at the Web site. AnglerWeb's
services are administrative only. AnglerWeb, in this regard, is providing nothing
more than a listing service where such products and/or services can be purchased
directly from such third party vendors or resellers, and AnglerWeb shall not
be liable in any way for the condition of any such product, the performance of any
such service or any other action taken by any of these third party vendors. You
agree that AnglerWeb shall not be liable for any damages or costs of any type arising
out of or in any way connected with your purchase and/or use of any fishing gear,
excursions, equipment or other item or service at the Web site.
More specifically, in certain portions of the Web site AnglerWeb provides the Services
and the Web site so that sellers may offer services and/or items for sale and buyers
may place offers to purchase these items directly with the seller. As such, AnglerWeb
is neither a principal interested in the transactions, nor an agent of buyer or
seller. AnglerWeb does not have the power to transfer title to any items offered
by sellers at the Web site. Because AnglerWeb is not a party to any transaction,
AnglerWeb does not make, and should not be construed as having made, any representation
or warranty of any kind concerning any of the offered items, including without limitation
any representation or warranty regarding the quality, safety or legality of the
offered items, or the truth or accuracy of any offerings. Additionally, AnglerWeb
makes no representation or warranty of any kind as to the willingness or ability
of either a buyer or seller to complete a sale. Buyers and sellers are solely responsible
for independently verifying the background and credit-worthiness of those parties
with whom they enter into, or with whom they prospectively will enter into, a transaction,
as well as the condition or any description of an item involved in a prospective
transaction.
Further to your release above, in the event of any controversy or dispute regarding
any transaction conducted through use of the Services or the Web site (a "Dispute"),
you hereby release AnglerWeb, its affiliates and subsidiaries, and their respective
directors, officers, employees, agents, shareholders, co-branders, partners, successors
and assigns (the "Released Parties"), and each of the foregoing, from any and all
manner of action, claim or cause of action or suit, at law or in equity, and from
any and all losses, damages, costs or expenses, including without limitation court
costs and attorneys' fees, which you may have against the Released Parties, or any
of them, known or unknown, disclosed or undisclosed, which arise out of or relate
in any way to a Dispute. If you are a California resident, you hereby waive your
rights under Section 1542 of the California Civil Code, which states: "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."
AnglerWeb expressly reserves the right to discontinue, suspend or terminate the
offering of one or all of its services at any time.
FEES
Fees charged for the various products and/or services offered at the Web site, including
fees for listing various items for sale, are set forth in various locations throughout
the Web site or in a separate document. In consideration for providing the Services,
you agree to pay all such fees which are due and owing on account of the selections
you have made at the Web site or through a AnglerWeb representative (collectively,
the “Fee”). Fees are payable as set forth in the applicable portion of the Web site,
and you hereby agree to pay all costs and expenses incurred by AnglerWeb (including
attorneys’ fees) in collecting past due Fees. In addition, past due Fees shall accrue
interest at the lesser of 15% per annum or the maximum rate allowed by law. By checking
the “I Accept” box at the end of this Agreement or otherwise using any Services,
you hereby agree to pay all Fees due and owing to AnglerWeb (and, if applicable,
authorize AnglerWeb to charge the credit card you have on file with AnglerWeb for
all Fees due and owing hereunder). All fees described herein (including, without
limitation, the Fees) are non-refundable.
OTHER THIRD PARTY
SERVICES
In addition to the Services described above, you may be able to search for information
and additional service providers in various portions of the Web site. All content
and data included in any such section has been provided to AnglerWeb by a third
party, and AnglerWeb does not guarantee the accuracy of any listing generated by
your search. Such service is offered by AnglerWeb for informational purposes only,
and AnglerWeb shall not be liable to you or any third party on account of any information
posted or displayed in connection with this service.
COPYRIGHT AND TRADEMARK NOTICES
All contents of the Web site are: Copyright © 2006 AnglerWeb, LLC. All rights reserved.
“AnglerWeb” is a service mark of AnglerWeb, LLC. Other product and company names
mentioned herein or within the Web site may be the trademarks or service marks of
their respective owners. To this end, you may not, without the prior, written consent
of AnglerWeb or the applicable copyright holder, modify, publish, transmit, participate
in the transfer or sale of, reproduce, create new works from, distribute, perform,
display, or in any way exploit, any of the content posted at the Web site or otherwise
owned by AnglerWeb. This Agreement shall not be deemed to transfer from AnglerWeb
or any licensor to you (i) any of AnglerWeb’s intellectual property (including,
without limitation, patents, trademarks, service marks, trade names, copyrights
and licenses), technology, software programs or any related assets owned by AnglerWeb,
or (ii) any rights to use or license any of the foregoing except as explicitly set
forth in this Agreement.
DISCLAIMERS AND LIMITATIONS
AnglerWeb intends that the information contained in the Web site be accurate and
reliable; however, errors sometimes occur. In addition, changes and improvements
to the information provided herein or on the Web site may be made by AnglerWeb at
any time. THE WEB SITE AND THE INFORMATION, SOFTWARE, PRODUCTS AND SERVICES ASSOCIATED
WITH IT ARE PROVIDED "AS IS, WHERE IS AND AS AVAILABLE." ANGLERWEB DISCLAIMS ANY
WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, AS TO ANY MATTER WHATSOEVER RELATING
TO THE WEB SITE AND ANY INFORMATION, SOFTWARE, PRODUCTS AND SERVICES PROVIDED WITHIN
THE WEB SITE, INCLUDING WITHOUT LIMITATION (I) THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT, AND (II) AS TO THE
RESULTS THAT MAY BE OBTAINED BY USE OF THE WEB SITE OR ANY OF ANGLERWEB’S SERVICES
OR PRODUCTS PURCHASED THROUGH THE WEB SITE. USE OF THE WEB SITE AND/OR ANGLERWEB’S
SERVICES IS AT YOUR OWN RISK. ANGLERWEB IS NOT LIABLE FOR ANY DIRECT, INDIRECT,
PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER INJURY ARISING OUT
OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE AND/OR ANGLERWEB’S SERVICES
OR WITH THE DELAY OR INABILITY TO USE THE WEB SITE, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS AND SERVICES OBTAINED THROUGH THE WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THE WEB SITE, WHETHER RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT,
TORTIOUS BEHAVIOR, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ANGLERWEB
AND/OR ITS SUPPLIERS HAD BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS
DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT
APPLY TO YOU. In all events, the aggregate liability of ANGLERWEB for any reason
and upon any cause of action, whether in contract, tort or otherwise, shall not
exceed the amount of fees paid by YOU TO ANGLERWEB VIA THE WEB SITE.
UNAVAILABILITY OF SERVICE OR WEB SITE
You are responsible, at your sole cost and expense, for providing all equipment
necessary to access the Internet, the Web site and/or the Services. While it is
AnglerWeb’s objective to make the Web site accessible 24 hours per day, 7 days per
week, the Web site may be unavailable from time to time for any reason including,
without limitation, routine maintenance. You understand and acknowledge that due
to circumstances both within and outside of the control of AnglerWeb, access to
the Web site and/or Services may be interrupted, suspended or terminated from time
to time. YOU AGREE THAT ANGLERWEB SHALL NOT BE LIABLE FOR ANY DAMAGES ARISING FROM
ANY SUCH INTERRUPTION, SUSPENSION OR TERMINATION OF THE WEB SITE AND/OR SERVICE
AND THAT YOU SHALL PUT IN PLACE CONTINGENCY PLANS TO ACCOUNT FOR SUCH PERIODIC INTERRUPTIONS
OR SUSPENSIONS OF THE WEB SITE AND/OR SERVICE.
INDEMNITY
As a condition of use of the Web site and/or the Services, you agree to indemnify
AnglerWeb from and against any and all liabilities, expenses (including attorneys'
fees) and damages arising out of claims resulting from your use of the Web site
or any of the Services, including without limitation any claims alleging facts that
if true would constitute a breach by you of this Agreement.
LINKS TO THIRD PARTIES
The Web site may contain links to web sites maintained by third parties. Such links
are provided for your convenience and reference only. AnglerWeb does not operate
or control in any respect any information, software, products or services available
on such web sites. AnglerWeb's inclusion of a link to a web site does not imply
any endorsement of those services or the web site, its contents or its sponsoring
organization.
ERRORS AND DELAYS
AnglerWeb is not responsible for any errors or delays in responding to an inquiry
or otherwise processing information submitted by you at the Web site, including,
without limitation, those caused by (i) an incorrect e-mail address or telephone
number provided by you, (ii) the failure of a third party to timely respond to any
such inquiry, or (iii) technical problems.
DISPUTE RESOLUTION
Any claim or controversy arising out of or relating to the use of the Web site,
to the services provided by AnglerWeb, or to any acts or omissions for which you
may contend AnglerWeb is liable, including but not limited to any claim or controversy
as to arbitrability ("Dispute"), shall be finally, and exclusively, settled by arbitration.
The arbitration shall be held before one arbitrator under the commercial arbitration
rules of JAMS in force at that time. The arbitration shall be venued in Wayne County,
Michigan. The arbitrator shall be selected pursuant to the JAMS rules. Should no
JAMS rule regarding the selection of an arbitrator be in effect, you shall select
an arbitrator from a panel of arbitrators acceptable to AnglerWeb. The costs of
arbitration shall be paid by the non-prevailing party.
Any judgment upon the award rendered by the arbitrators may be entered in any court
of competent jurisdiction in Wayne County, Michigan. The arbitrator shall not have
the power to award damages in connection with any Dispute in excess of actual compensatory
damages and shall not multiply actual damages or award consequential, punitive or
exemplary damages, and each party irrevocably waives any claim thereto. The agreement
to arbitrate shall not be construed as an agreement to the joinder or consolidation
of an arbitration under this Agreement with an arbitration of disputes or claims
of any non-party, regardless of the nature of the issues or disputes involved.
THIS AGREEMENT PROVIDES THAT ALL DISPUTES BETWEEN YOU AND ANGLERWEB WILL BE
RESOLVED BY BINDING ARBITRATION.
YOU THUS GIVE UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS. YOU
ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN OR BRING CLASS ACTIONS. YOUR RIGHTS WILL
BE DETERMINED BY NEUTRAL ARBITRATORS AND NOT
A JUDGE OR JURY. You are entitled to a fair hearing, but the arbitration procedures
are simpler and more limited than
rules applicable in court. Arbitrator decisions are enforceable and are subject
to very limited review by a court.
By using the Services or accessing the Web site, you consent to these restrictions.
Should a Dispute arise and should the arbitration provisions herein become inapplicable
or unenforceable, or in any instance of any lawsuit between you and AnglerWeb, the
parties agree that jurisdiction over and venue of any suit shall be exclusively
in the state and federal courts sitting in Wayne County, Michigan. If either party
employs attorneys to enforce any right in connection with any Dispute or lawsuit
the prevailing party shall be entitled to recover reasonable attorneys' fees from
the non-prevailing party.
TERMINATION
You agree that AnglerWeb may immediately terminate your account and access to the
Services. Cause for such termination shall include, but not be limited to, (a) breaches
or violations of any agreements with AnglerWeb or guidelines posted by AnglerWeb,
(b) requests by law enforcement or other government agencies, (c) a request by you
(self-initiated account deletions), (d) discontinuance or material modification
to the Services (or any part thereof), (e) unexpected technical or security issues
or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent
or illegal activities, and/or (h) nonpayment of any fees owed by you in connection
with the Services. Termination of your AnglerWeb account includes (x) removal of
access to all offerings within the Services, and (y) barring further use of the
Services. Further, you agree that all terminations shall be made in AnglerWeb’ sole
discretion and that AnglerWeb shall not be liable to you or any third-party for
any termination of your account or access to the Services.
MISCELLANEOUS
This Agreement, including the Privacy Policy, constitutes the entire agreement between
you and AnglerWeb and it supersedes all prior or contemporaneous communications,
promises and proposals, whether oral, written or electronic, between you and AnglerWeb
with respect to the Web site and information, software, products and services associated
with it. AnglerWeb and you are intended to be independent contractors, and nothing
in this Agreement shall be deemed to establish any relationship of partnership,
joint venture, employment, franchise or agency between AnglerWeb and you. This Agreement
shall be subject to and construed in accordance with the laws of the State of Michigan,
excluding its conflict of laws principles. If any part of this Agreement is determined
to be invalid or unenforceable pursuant to applicable law including, but not limited
to, the warranty disclaimers and liability limitations set forth above, then the
invalid or unenforceable provision will be deemed superseded by a valid enforceable
provision that most closely matches the intent of the original provision, and the
remainder of the Agreement shall continue in effect. A printed version of this Agreement
and of any notice given in electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this Agreement to the same extent and subject
to the same conditions as other business documents and records originally generated
and maintained in printed form. All rights not expressly granted herein are reserved.
AnglerWeb’s contact information, should you need to contact AnglerWeb for any reason,
is:
AnglerWeb.com
5720 West Maple Road
West Bloomfield, MI 48322
E-mail:
info@anglerweb.com
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