The Florida Charter Fishing Guide™ - Your Florida Fishing Resource

FLAFISH.COM Terms of Service and Use Agreement

PLEASE READ THIS TERMS OF SERVICE AND USE AGREEMENT CAREFULLY. BY PURCHASING A LISTING OR USING THIS WEB SITE YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT.

The Florida Charter Fishing Guide™ Inc. Terms of Service and Use Agreement (the "Agreement") governs the provision of the Services (as defined below) by The Florida Charter Fishing Guide™ Inc. to you. This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below, including the Privacy Policy set forth in Section 5 below. The Florida Charter Fishing Guide™ Inc. reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on this site The Florida Charter Fishing Guide™ Inc. and any Web site incorporating the content of The Florida Charter Fishing Guide™. is referred to herein as the The Florida Charter Fishing Guide™ Inc. Web site). The Florida Charter Fishing Guide™. may make changes to this Agreement on a regular basis. Any changes or revisions to this Agreement will be effective immediately after it is posted on this Web site. Your use of the Services following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Florida Charter Fishing Guide™ Inc. encourages you to review this Agreement whenever you visit the The Florida Charter Fishing Guide™ Inc. Web site to make sure that you understand the terms of the Services provided to you. This Agreement does not alter in any way the terms or conditions of any other agreement you may have with The Florida Charter Fishing Guide™ Inc. for other products or services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Services. If you would like to print this Agreement, please click the print button on your browser toolbar.

Grant of Limited License.

The Florida Charter Fishing Guide™ Inc. and the The Florida Charter Fishing Guide™ Inc. Web site offers an electronic information service provided by The Florida Charter Fishing Guide™ Inc. which allows you to access a list of names, addresses, telephone numbers and other information compiled from listing sales (the "Service"). The proprietary software associated with the Service which shall be deemed to include any enhancements or modifications thereto and any related documentation, is a copyrighted work. Subject to your compliance with all of the terms and conditions of this Agreement, and in consideration of your promises reflected in this Agreement, The Florida Charter Fishing Guide™ Inc. grants to you a personal, nonexclusive, non-assignable and nontransferable license to use the Service from a single computer and to use the Service solely as permitted under this Agreement.

Restrictions of Limited License.

Unless you have a separate agreement with The Florida Charter Fishing Guide™ Inc. authorizing you to do so, you will: (i) not copy or distribute the software or source code behind the Service to any third party; (ii) not reverse engineer, disassemble or decompile any portion of the Service or otherwise attempt to discover or re-create the source code to the Service; (iii) comply with all applicable laws, including U.S. export control laws, applicable to the Service; (iv) not make any modification, adaptation, improvement, enhancement, translation, or derivative work of or to any portion of the Service; (v) not remove, alter, or obscure any proprietary notices (including copyright notices) of The Florida Charter Fishing Guide™ Inc. or its suppliers in any portion of the Service or on the The Florida Charter Fishing Guide™ Inc. Web site; (vi) not interfere with or disrupt the use and enjoyment of the Services by other users; and (vii) not use any type of automated means to (a) utilize the Service or (b) download or retrieve directory listings or other information.

Reservation of Rights.

The Florida Charter Fishing Guide™ Inc. and its suppliers reserve all rights not granted in this Agreement. You agree to use your best efforts to prevent and protect the Service from unauthorized disclosure or use.

Your Listing and Account.

Listing Obligations.

In consideration for access to certain Services, and to establish a Services account, you must provide The Florida Charter Fishing Guide™ Inc. with certain information ("Listing Data") requested on the listing form; all inquiries must be answered. You agree that the Listing Data you provide: (1) is true, accurate, current and complete, and (2) will be maintained and updated by you to keep it true, accurate, current and complete. The Florida Charter Fishing Guide™ Inc. reserves the right to terminate your use of the Services and refuse to provide you with any and all current or future use of the Services if The Florida Charter Fishing Guide™ Inc., in its sole discretion, determines that any of your Listing Data is untrue, inaccurate, not current or incomplete.

The Florida Charter Fishing Guide™ Inc. is committed to protecting your privacy. This privacy policy ("Privacy Policy"), which is a binding part of this Agreement, explains the type of information The Florida Charter Fishing Guide™ Inc. collects through the The Florida Charter Fishing Guide™ Inc. Web site and what The Florida Charter Fishing Guide™ Inc. does with it. Please read the following Privacy Policy carefully before using the Service or using the The Florida Charter Fishing Guide™ Inc. Web site. If you use the The Florida Charter Fishing Guide™ Inc. Web site, you will be bound by the terms of this Agreement, including this Privacy Policy. This Privacy Policy may change from time to time so you should check it frequently.

COLLECTS AND STORES INFORMATION ABOUT THE WEB PAGES YOU VIEW AND THE DATA YOU ENTER IN ONLINE FORMS AND SEARCHES. ALTHOUGH The Florida Charter Fishing Guide™ Inc. DOES NOT ATTEMPT TO ANALYZE INTERNET USAGE DATA TO DETERMINE THE IDENTITY OF ANY The Florida Charter Fishing Guide™ Inc. USER, SOME INFORMATION COLLECTED BY THE SERVICE IS PERSONALLY IDENTIFIABLE. The Florida Charter Fishing Guide™ Inc. AGGREGATES AND ANALYZES THE INFORMATION IT COLLECTS TO IMPROVE ITS SERVICE AND TO PREPARE REPORTS ABOUT AGGREGATE INTERNET USAGE AND YOUR LISTING DATA LOOK-UP HABITS. IN ADDITION, WHEN YOU PERFORM SEARCHES USING The Florida Charter Fishing Guide™ Inc. YOUR SEARCH RESULTS MAY BE TRANSMITTED TO AND LOGGED BY The Florida Charter Fishing Guide™ Inc. AND MAY BE CORRELATED BY The Florida Charter Fishing Guide™ Inc. WITH ANY PERSONALLY IDENTIFIABLE INFORMATION YOU MAY HAVE PREVIOUSLY PROVIDED TO The Florida Charter Fishing Guide™ Inc.

What types of information does The Florida Charter Fishing Guide™ Inc. collect?

If you are visiting the The Florida Charter Fishing Guide™ Inc. Web site, we collect the following information: the full Uniform Resource Locator ("URL") of the Web page from which you came to the The Florida Charter Fishing Guide™ Inc. Web site; your Internet Protocol ("IP") address, which may include a domain name; the date and time for each page you view; the name of and information about any advertisement that brought you to the The Florida Charter Fishing Guide™ Inc. Web site; searches you perform, links you click on; and computer and connection information such as browser type and version, operating system, and platform. We also transmit cookies to your computer so we can track the pages of our Web site that you view and the order in which you view them.

If you e-mail The Florida Charter Fishing Guide™ Inc. we collect your message, the recipient e-mail address(es), and your e-mail address for the purpose of sending the e-mail. We do not send other e-mail to these address(es).

If you use The Florida Charter Fishing Guide™ Inc., we collect any information voluntarily provided by you during the listing process, which can include your e-mail address as well as demographic information such as zip code and country. We also collect the name of and information about any advertisement that brought you to the The Florida Charter Fishing Guide™ Inc. Web site. Any e-mail address that you give us during the listing process is kept separate from information collected during your use of the Service and is not used to correlate your identity to Internet usage path or shopping information. Demographic information is correlated to Internet usage collected during your use of the Service, but we do not attempt to determine your identity by analyzing this information.

When you use the Services, we transmit cookies to the hard drive of your computer. These cookies assign your Web browser a unique series of numbers, letters, or characters that enable The Florida Charter Fishing Guide™ Inc.’s servers to recognize and identify your Web browser when you are using the Service. They also enable The Florida Charter Fishing Guide™ Inc. to track and store information about your Internet usage path while using the Service. See below for more information about how The Florida Charter Fishing Guide™ Inc. uses this data.

When you use the Service, we collect information about the Web sites you visit (e.g., by clicking on advertisements) and the pages you view on the The Florida Charter Fishing Guide™ Inc. Web site. This information allows us to build our database of information about related Web pages. Thus, for every Web page you view while using the Service, the Service transmits and stores the following information from your computer to The Florida Charter Fishing Guide™ Inc.:

your IP address, which may include a domain name;

the full URL of the Web page you are visiting;

general information about your browser;

general information about your computer's operating system;

your cookie number; and

the date and time the above information is logged.

All of the above information is logged together in a single data string for each Web page you visit. Each string is logged in our database.

Does The Florida Charter Fishing Guide™ Inc. collect personally identifiable information?

The URLs we collect through the Service sometimes contain personal information about you. For example, when you enter information on a Web page (e.g., when you complete an online registration form or advertisement form) the operator of the Web site may insert that information into its URL for that or the next page. This information often appears after a question mark ("?") in the URL, although it can appear in other places. This means that your name, your address, your e-mail address, or similar information you might consider private or personally identifiable which you enter into a Web page sometimes becomes part of a URL that is then transmitted to Service and automatically stored in The Florida Charter Fishing Guide™ Inc. databases. This can also occur with words, topics, products, or phrases you enter into search engines - whether those engines are provided by the Service itself or found elsewhere on the Internet - while using the Service. The Florida Charter Fishing Guide™ Inc. has no control over what information third party Web sites put into their URLs or where they put it, and any information in each URL is collected and stored by The Florida Charter Fishing Guide™ Inc. when you are using the Service.

The Florida Charter Fishing Guide™ Inc. analyzes its logs of usage path collected from users to determine Internet usage and shopping patterns of users in the aggregate. Further, by storing this information with users' cookie numbers, The Florida Charter Fishing Guide™ Inc. correlates each user's usage path information and demographic information to each other.

All transmissions between you and The Florida Charter Fishing Guide™ Inc., including e-mails, URLs, cookie identification numbers, usage paths, and any personally identifiable information they might contain, pass through many third party machines, operating systems, programs, browsers, Internet servers, networks, routers, Ethernet switches, ISPs, proxy servers, intranets, the public telephone systems, or other devices, any of which may create activity logs containing such transmissions.

What does The Florida Charter Fishing Guide™ Inc. do with the information it collects?

IIf you gave us your e-mail address when you listed, we may use it to send you The Florida Charter Fishing Guide™ Inc. newsletters, product updates, service-related information, and other offers and information from The Florida Charter Fishing Guide™ Inc. The Florida Charter Fishing Guide™ Inc. also may contact you by e-mail to respond to any customer service inquiries you submit. We do not disclose your e-mail address to business partners or to anyone other than employees and agents working for or on behalf of The Florida Charter Fishing Guide™ Inc., except as required by subpoenas, court orders, or legal requirements. We do not use your e-mail address to correlate your identity to your Internet usage paths. If you do not want to receive The Florida Charter Fishing Guide™ Inc. newsletters, offers, and product and service information, simply reply to the email with the text CANCEL typed in the subject heading.

We use cookies for such functions as verifying that you are a Service user and counting and tracking your Web site visits. We further use cookies to determine the number of visitors that came to the The Florida Charter Fishing Guide™ Inc. Web site through a particular advertisement. Your cookie number is also used to create usage paths and to correlate those with any demographic information you provide, but we do not use your cookies, usage paths to attempt to determine your identity.

We use IP addresses to diagnose problems with our servers and to administer our Web site. Your IP address also is used by The Florida Charter Fishing Guide™ Inc. to gather broad demographic information, such as your general geographic location and Internet Service Provider. IP addresses are further used to help determine the number of Service users. This demographic information may also be used by The Florida Charter Fishing Guide™ Inc. to analyze aggregate Internet usage behavior.

How does The Florida Charter Fishing Guide™ Inc. share the information it collects?

The Florida Charter Fishing Guide™ Inc. does not intentionally disclose personally identifying information collected from any user to any third party without the user's consent.

At times, we may provide "stripped" usage path information and demographic information to researchers. They use it to prepare analyses of aggregate Internet patterns and trends. Such analyses are used in research and commercial reports provided to third parties.

We disclose any information we possess in response to subpoenas, court orders, or legal requirements, and such information might be used by the receiving party to determine your identity, your Internet usage, or other things about you. We generally do not inform users of such requests for information, although we might try to do so in some cases.

We employ other companies and individuals to perform functions on our behalf, such as technical support services. To perform those functions, it may be necessary for them to obtain access to The Florida Charter Fishing Guide™ Inc.'s databases and servers, which may contain personally identifying information about users. They may not use such access or information for any purpose other than that for which they are retained.

In the event that The Florida Charter Fishing Guide™ Inc. or substantially all of its assets are sold or acquired, all information collected by The Florida Charter Fishing Guide™ Inc. would be transferred to the acquiring party. In any such transfer, however, such information would remain subject to any applicable terms and conditions, including the terms of this Privacy Policy and any amendment thereto.

How is your information protected?

The Florida Charter Fishing Guide™ Inc. uses commercially reasonable computer security safeguards to protect its databases and servers against risks of loss, unauthorized access, destruction, misuse, modification, or inadvertent or improper disclosure of data. These risks, however, cannot be completely eliminated and The Florida Charter Fishing Guide™ Inc. therefore cannot guarantee complete security.

DISCLAIMER OF WARRANTY.

YOU UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK.

TO THE FULLEST EXTENT PERMISSIBLE UNDER THE APPLICABLE LAW, The Florida Charter Fishing Guide™ Inc. AND ITS AFFILIATES DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF TITLE, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, NEITHER The Florida Charter Fishing Guide™ Inc. NOR ANY OF ITS AFFILIATES, NOR ANY OF THEIR OFFICERS, DIRECTORS, LICENSORS, EMPLOYEES OR REPRESENTATIVES REPRESENT OR WARRANT (i) THAT THE SERVICE WILL MEET YOUR REQUIREMENTS OR BE ACCURATE, COMPLETE, RELIABLE, OR ERROR FREE; (ii) THAT THE SERVICE WILL ALWAYS BE AVAILABLE OR WILL BE UNINTERRUPTED, ACCESSIBLE, TIMELY, OR SECURE; (iii) THAT ANY DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE WILL BE FREE FROM VIRUSES, "WORMS," "TROJAN HORSES" OR OTHER HARMFUL PROPERTIES; (iv) THE ACCURACY, RELIABILITY, TIMELINESS, OR COMPLETENESS OF ANY MATERIAL PUBLISHED OR ACCESSIBLE ON OR THROUGH THE SERVICE OR THE The Florida Charter Fishing Guide™ Inc. WEB SITE; (v) ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND (vi) THAT THE SOFTWARE BEHIND THE SERVICE IS NONINFRINGING. The Florida Charter Fishing Guide™ Inc. AND ITS AFFILIATES HEREBY DISCLAIM, AND YOU HEREBY WAIVE AND RELEASE The Florida Charter Fishing Guide™ Inc. AND ITS AFFILIATES FROM, ANY AND ALL OBLIGATIONS, LIABILITIES, RIGHTS, CLAIMS OR REMEDIES IN TORT ARISING OUT OR IN CONNECTION WITH THIS AGREEMENT AND THE SERVICE, WHETHER OR NOT ARISING FROM THE NEGLIGENCE (ACTIVE, PASSIVE OR IMPUTED) OF The Florida Charter Fishing Guide™ Inc. OR ITS AFFILIATES.

YOU ACKNOWLEDGE AND AGREE THAT THE SERVICE OR CONTENT OBTAINED THROUGH THE USE OF THE SERVICE AND The Florida Charter Fishing Guide™ Inc. WEB SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM YOUR USE OF THE SOFTWARE AND/OR CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER LEGAL RIGHTS, WHICH VARY FROM JURISDICTION TO JURISDICTION.

LIMITATION OF The Florida Charter Fishing Guide™ Inc. LIABILITY.

IN NO EVENT SHALL The Florida Charter Fishing Guide™ Inc. OR ANY OF ITS AFFILIATES, OR ANY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, INFORMATION PROVIDERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES (REGARDLESS OF THE FORM OF ACTION) ARISING OUT OF (I) USE OF THE SERVICE BY ANY PERSON, INCLUDING BUT NOT LIMITED TO, ANY DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY INFORMATION AND CONTENT ACCESSED OVER THE SERVICE, (ii) ANY USE OR INABILITY TO USE THE SERVICE FOR WHATEVER REASON, INCLUDING BUT NOT LIMITED TO COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY INFORMATION ACCESSED THROUGH THE SERVICE, OR (iii) ANY GOODS OR SERVICE DISCUSSED, PURCHASED OR OBTAINED, DIRECTLY OR INDIRECTLY, THROUGH THE SERVICE, IN EACH CASE EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

SOME JURISDICTIONS DO NOT ALLOW THESE LIMITATIONS OR EXCLUSIONS SO THEY MAY NOT APPLY TO YOU.

Termination.

Your rights under this Agreement terminate automatically if you fail to comply with any of the terms and conditions of this Agreement. No notice is required from The Florida Charter Fishing Guide™ Inc. to effectuate such termination. Additionally, The Florida Charter Fishing Guide™ Inc. may terminate this Agreement at any time and for any reason and may effect notice of such termination through any means, including but not limited to posting such notice on the The Florida Charter Fishing Guide™ Inc. Web site or otherwise publicly proclaiming such termination. Upon termination, you must stop using the Service.

Your Indemnification of The Florida Charter Fishing Guide™ Inc.

You agree to hold harmless, defend, and indemnify The Florida Charter Fishing Guide™ Inc., its officers, directors, employees, subsidiaries, contractors, subcontractors, suppliers, agents, partners and affiliates, successors and assigns from all liabilities, claims, demands and expenses, including attorneys' fees, that are due to, or that arise from your use or misuse of the The Florida Charter Fishing Guide™ Inc. Web site and/or Service, or for infringement by you of intellectual property rights or other right of any third party. We may assume exclusive control of any defense or any defense or any matter subject to indemnification by you, and you agree to cooperate with us in such event.

Spam and Acceptable Use.

While we encourage you to refer friends, family, colleagues, and others to use the Service, you may do so only through methods that are consistent with the terms and conditions of your own Internet service provider as well as prevailing standards of acceptable Internet use and behavior. In particular, you may not use the Service, name, trademarks, or other intellectual property of The Florida Charter Fishing Guide™ Inc. in conjunction with the sending of unsolicited e-mail, or cause to be used The Florida Charter Fishing Guide™ Inc. equipment, network connectivity, or other resources to originate, deliver, relay, or otherwise transmit unsolicited e-mail messages. You may not engage in any of these prohibited activities by using the service of any other provider, third-party agent, remailing service, or address forwarding service, in such a way that The Florida Charter Fishing Guide™ Inc.'s network addresses or The Florida Charter Fishing Guide™ Inc. services are in any way identified as being associated with the sending of unsolicited e-mail. Other prohibited methods of advertising or promoting your involvement with The Florida Charter Fishing Guide™ Inc. include multiple postings of messages to Usenet newsgroups, mailing lists, chat rooms (including IRC, AIM, ICQ, or other interactive chat services) or other online forums. Incidents of "spamming" or similar inappropriate behavior should be reported to The Florida Charter Fishing Guide™ Inc. immediately.

Other Web Sites To Which The Service May Link Or Refer To.

Third Party Links.

The Florida Charter Fishing Guide™ Inc. is not responsible in any way for, and does not guaranty the availability of, any e-mail from or links to third party Web sites and resources which may be accessed through the The Florida Charter Fishing Guide™ Inc. Web site. In addition, The Florida Charter Fishing Guide™ Inc. does not endorse and is not responsible or liable for any content, advertising, goods or services, or other materials available on or from such Web sites or resources. The Florida Charter Fishing Guide™ Inc. will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, advertising, goods or services, or other materials on or available from such Web sites or resources.

IInfringer Notification.

If you believe that any material available through the The Florida Charter Fishing Guide™ Inc. Web site infringes upon any copyright you own or control, or that any link on the The Florida Charter Fishing Guide™ Inc. Web site directs users to another Web site that contains material that you own or control, please contact us at info@The Florida Charter Fishing Guide™ Inc.

Feedback.

Any comments or materials sent to The Florida Charter Fishing Guide™ Inc. including feedback data or postings on our Forums, such as questions, comments, suggestions, or the like regarding the Service or any other products or programs of The Florida Charter Fishing Guide™ Inc. (collectively "Feedback"), is non-confidential. The Florida Charter Fishing Guide™ Inc. has no obligation to you of any kind with respect to such Feedback and is free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation. Further, The Florida Charter Fishing Guide™ Inc. is free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products incorporating such Feedback.

Notices; Announcements.

The Florida Charter Fishing Guide™ Inc. may provide you notices of changes to this Agreement or any other matter by displaying notices to you generally on the The Florida Charter Fishing Guide™ Inc. Web site. The Florida Charter Fishing Guide™ Inc. may change its addresses (e-mail or mailing) by displaying such changes on the The Florida Charter Fishing Guide™ Inc. Web site. All notices not sent by e-mail shall be delivered in writing and must be sent by either overnight courier or certified mail, return receipt requested. All written notices to The Florida Charter Fishing Guide™ Inc. shall be delivered via our Contact page.

Miscellaneous.

Exclusivity.

This Agreement constitutes the complete and exclusive agreement between you and The Florida Charter Fishing Guide™ Inc. as it pertains to the Services and shall supplement any written agreements or The Florida Charter Fishing Guide™ Inc. terms of use agreements you are bound to through your use of other products, web sites, and services offered by The Florida Charter Fishing Guide™ Inc.

Severability.

If any provision of this Agreement is held to be unenforceable for any reason, such provision will be reformed only to the extent necessary to make it enforceable, and such decision will not affect the enforceability of such provision under other circumstances, or of the remaining provisions hereof under all circumstances.

Jurisdiction.

This Agreement is governed by the laws of the State of Florida, without regard to conflicts of law provisions, and you hereby consent to the exclusive jurisdiction of the state and federal courts sitting in Brevard County, Florida, USA.