This agreement (“Agreement”) is between users of nategalimorefishing.com and any related service, tool or application (“Website”) and the operator of the Website (“Nate Galimore Fishing”).
A reference to “you” means an intending user or user (as the case requires) of the Website and a reference to “your” is a reference to you in the possessive form.
A reference to “we” or “us” is a reference to Nate Galimore Fishing, LLC and a reference to “our” or “ours” is a reference to us in the possessive form.
This document is important and should be considered carefully by anyone intending to use the Website. Should you have any questions you may contact us by email at firstname.lastname@example.org.
As this agreement may be updated from time to time, users of the Website should consider carefully whether any change to this agreement may affect them, and whether any change is suitable to their continued use of the Website.
This Agreement was last changed on 3 January, 2022.
The material on the Website is copyright © 2017 – 2022 Nate Galimore Fishing, LLC.
Nate Galimore Fishing, LLC and you agree as follows:
Acknowledgement as to Use
- By using (which includes, without limitation, accessing, browsing, viewing, listening to, and contributing to in any form including by way of writing articles or comments) the Website and continuing to use the Website you acknowledge and agree that you have had sufficient time to read and understand this Agreement. If you do not wish to be bound by this Agreement you agree to cease using the Website and notify Nate Galimore Fishing by email to email@example.com so that we may deactivate any of your accounts on the Website and in our discretion block any Internet Protocol addresses associated with you from accessing the Website.
License to Use Website
- We grant you a non-exclusive, worldwide, non-transferable license to use the Website in accordance with the terms and conditions set out in this Agreement.
- You may access and use the Website (including any incidental copying that occurs as part of that use) in the normal manner and may also print and/or store electronically one copy of any page within the Website for your own personal, non-commercial use.
You must not add any content to the Website:
- unless you hold all necessary rights, licenses and consents to do so;
- that would cause you or us to breach any law, regulation, rule, code or other legal obligation;
- that is or could reasonably be considered to be obscene, inappropriate, defamatory, disparaging, indecent, seditious, offensive, pornographic, threatening, abusive, liable to incite racial hatred, discriminatory, blasphemous, in breach of confidence or in breach of privacy;
- that would bring us, or the Website, into disrepute; or
- that infringes the intellectual property or other rights of any person.
- The Website contains links to other websites as well as content added by people other than us. We do not endorse, sponsor or approve any such user generated content or any content available on any linked website.
You acknowledge and agree that:
- we retain complete editorial control over the Website and may alter, amend or cease the operation of the Website at any time in our sole discretion;
- the Website will not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes); and
- we may host and otherwise export your personal data within and outside of the European Union.
- The parties irrevocably submit to the exclusive jurisdiction of the courts of the State of New York.
NATE GALIMORE FISHING MAKES NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF MAP DATA IN THIS PRODUCT, AND DISCLAIMS ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING ANY IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IT IS THE USER’S RESPONSIBILITY TO USE THIS PRODUCT PRUDENTLY. THIS PRODUCT IS INTENDED TO BE USED ONLY AS A TRAVEL AID, AND MUST NOT BE USED FOR ANY PURPOSE REQUIRING PRECISE MEASUREMENT OF DIRECTION, DISTANCE, LOCATION OR TOPOGRAPHY.
NATE GALIMORE FISHING MAP DATA AND BOTTOM INFORMATION ARE FOR NAVIGATION REFERENCE ONLY, AS BOTTOM CONDITIONS ARE CONTINUALLY CHANGING. THIS PRODUCT IS FOR GENERAL REFERENCE.
The electronic chart is an aid to navigation designed to facilitate the use of authorized government charts, not to replace them. Only official government charts and notices to mariners contain all information needed for the safety of navigation. A navigator never shall rely on any single source of navigational information.
You agree to indemnify and hold Nate Galimore Fishing and its subsidiaries, affiliates, officers, agents, representatives, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of Content you submit, post, transmit or otherwise seek to make available through the Services, your use of the Services, your use of any products obtained on the Shop, your fishing activities which generate the Content you post or seek to post on the Services, your connection to the Services, your violation of the Terms, your violation of any data protection or privacy or other laws, or your violation of any rights of another person or entity. Your rights with respect to Nate Galimore Fishing are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE THROUGH THE SERVICES ARE PROVIDED TO YOU “AS IS” AND WITHOUT WARRANTY. NATE GALIMORE FISHING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION, ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. NATE GALIMORE FISHING, LLC AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICE WILL MEET YOUR REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (e) SELLERS AND OTHER THIRD PARTY PROVIDERS WILL COMPLY WITH THEIR RESPECTIVE COMMITMENTS, TERMS OR POLICIES, AND (e) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE NATE GALIMORE FISHING, LLC, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, REPRESENTATIVES, EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND ALL LIABILITY IN CONNECTION WITH YOUR FISHING ACTIVITIES AND/OR USE OF THE NATE GALIMORE FISHING, LLC WEBSITES, MOBILE APPLICATIONS, CONTENT, SERVICES OR PRODUCTS, INCLUDING PRODUCTS PURCHASED ON THE SHOP AND PROMISE NOT TO SUE THE RELEASED PARTIES FOR ANY CLAIMS, ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a) YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT OR PROGRAMS CREATED OR LICENSED BY NATE GALIMORE FISHING, LLC WHILE ENGAGED IN FISHING ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF NATE GALIMORE FISHING, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA, (AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH PROVIDES AS FOLLOWS: “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.”
NATE GALIMORE FISHING, LLC DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE SERVICES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS ($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO NATE GALIMORE FISHING, LLC IN THE 12-MONTHS PRIOR TO DATE THE CLAIM.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT THOSE STATUTORY REMEDIES.
Intellectual Property Rights
- Nothing in this Agreement constitutes a transfer of any intellectual property rights. You acknowledge and agree that, as between you and us, we own all intellectual property rights in the Website.
- By posting or adding any content onto the Website, you grant us a perpetual, non-exclusive, royalty-free, irrevocable, worldwide and transferable right and license to use that content in any way (including, without limitation, by reproducing, changing, and communicating the content to the public) and permit us to authorize any other person to do the same thing.
- You consent to any act or omission which would otherwise constitute an infringement of your moral rights, and if you add any content in which any third party has moral rights, you must also ensure that the third party also consents in the same manner.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the Services infringes a copyright that you own or control, please file a notice with our designated agent by emailing firstname.lastname@example.org. If you file a notice with our Copyright Agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:
- contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner.
- identify the copyrighted work claimed to have been infringed.
- identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material.
- provide your contact information, including your address, telephone number, and an email address.
- provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
- provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
Registration and Accounts
- If you register to use an account with the Website (“Account”), you agree to provide accurate, complete and true information on any and all forms you access on the Website.
- You must update your information provided to the Website to maintain its accuracy, completeness and truthfulness.
- You authorise us to verify your identity through any means we consider expedient.
- In the event we are unable to verify your identity to our satisfaction we may close, suspend, or limit you access to the Website and any Account, which you may have registered.
- You agree to Nate Galimore Fishing, LLC to send you marketing and promotional emails.
The Services are intended solely for persons who are 13 years old or such higher age required in your country to use the Services. If you are under the legal age to form a binding contract in your jurisdiction, you represent that your parent or legal guardian has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate, current and complete information about yourself (collectively, “Registration Data”) and (b) maintain and promptly update the User Data. You agree that We may use your User Data to provide Services that you access or use and as otherwise set forth in these Terms. In consideration of your use of the Services, you represent that you are not a person barred from receiving services under the laws of any applicable jurisdiction.
You are solely responsible for restricting access to your computer and your mobile device while logged into the Services. You accept responsibility for all activities that occur under your account or from your computer and mobile devices. We endeavor to use reasonable security measures to protect against unauthorized access to your account. We cannot, however, guarantee absolute security of your account, your Content (as defined below), or the personal information you provide, and we cannot promise that our security measures will prevent third-parties from illegally accessing the Services or its contents. You agree to immediately notify Nate Galimore Fishing of any unauthorized use of your account, or any other breach of security, and confirm that you understand all risks of unauthorized access to User Data and any other information or content you provide to Nate Galimore Fishing, LLC.
You may subscribe to our paid subscription service. If you are between 13 and 18 years of age your legal guardian must consent thereto and purchase the subscription for you and you may use the Services only with the involvement of a parent or guardian. We may change our subscription fees from time to time by posting the changes on the Nate Galimore Fishing site. If you continue to use the Services after the new fees apply you accept and agree to pay the new fees.
Any and all paid subscription service fees are non-refundable.
You acknowledge and agree that all of our policies published on the Website are part of this Agreement, including but not limited to: