Terms and Conditions

These Terms and Conditions (collectively, the “Terms”), apply to all use of any software product or service provided by FishTips, LLC ("FishTips", “us”, “we”, or “our”), including, without limitation its application for sharing fishing tips, information, and guidance, known as FishTips, and its website (collectively, the “Services”). Please read these Terms carefully before you download, access, or use the Services. By downloading, accessing, or using the Services and/or by clicking to accept these Terms, you agree to be bound and abide by these Terms and all documents referenced herein, including the Privacy Policy provided at https://fishtips.com/privacy-policy. If you do not agree to these Terms, you must not download, access, or use the Services.

1. Service. 
1. System Requirements. Both Internet access and necessary software on your device(s) may require periodic updates or upgrades to permit continued use of the Services. Because use of the Services involves hardware, software, and Internet access, your ability to access and use the Services may be affected by the performance of these factors. High speed Internet access is recommended. You acknowledge and agree that such system requirements, which may be changed from time to time, are your sole responsibility.
2. Eligibility Requirements. The Services are offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with FishTips and meet all of the foregoing eligibility requirements. If you are agreeing to these Terms on behalf of an organization or entity, you represent and warrant that you are authorized to agree to these Terms on that organization or entity’s behalf and bind them to these Terms (in which case, references to “you” and your” in these Terms, except for in this sentence, refer to that organization or entity).
3. Modification or Discontinuation. We may add, modify or discontinue any feature, functionality or any other tool, within the Services, at our own discretion and without notice.
4. Future Features and Functionality. You hereby acknowledge that your access and use of the Services is not contingent on the delivery by us of any future release of any functionality or feature. The Services may update automatically when a new version is available. FishTips reserves the right to determine how and when the Services are offered, including scope, nature, and timing of any future releases.
5. Additional Agreements. Use of the Services may require your assent to additional agreements other than these Terms. You acknowledge that any continued access may require you to promptly execute any and all such agreements required to access and use the Service.

2. Account Registration and Security. To access the Services, you may be asked to provide certain registration details or other information. You agree to provide us information that is correct, current, and complete. If we believe the information you provide is not correct, current, or complete, we have the right to refuse you access to the Services, and to terminate or suspend your assess at any time. You agree that all information you provide to register with the Services is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy. You agree that you will be the only one to access and use your account. If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose or transfer it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

3. Use of  Services. All general users of the Services constitute Participants. At any time, a Participant may post premium content, including certain tips, advice, guidance, or other content regarding fishing, including, without limitation fishing best practices, fishing trip information, fishing location information, and the like (collectively, “Tips”) that may be purchased by other Participants.
1. Provision of Tips.  When providing Tips, Participants may further provide a short description of the topic of the Tip that will be made publicly-available to other Participants prior to purchase. The short description may be subject to a word or character count limitation. FishTips reserves the right to modify any short description provided by you at any time. If you do not provide a short description to accompany your Tip, FishTips has the right to create its own short description for your Tip.  
2. Tip Restrictions. In addition to any other restrictions set forth herein, in no event shall you provide any Tip that includes: (i) any content or information that infringes or violates any patents, copyrights, trademarks, or other intellectual property, proprietary or privacy, data, protection, or publicity rights of any third party; (ii) any content or information that violates any applicable local, state, federal, or international law, regulation, convention, including those related to data privacy and data transfer and exportation; (iii) any third-party links; or (iv) any warranties of any kind, either express or implied. You, as a seller and/or buyer of Tips, agree that all transactions are final and non-refundable, and all Tips are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.
3. Payment for a Purchased Tip. When you post a Tip, you will be responsible for providing the purchase price (“Purchase Price”). You may change your set Purchase Price for any Tips you have provided at any time in your sole discretion. FishTips and/or our third-party providers will receive a certain percentage of the Purchase Price based on certain payment terms in effect at the time the Tip is provided (“FishTips Tip Payment”), and you will retain the remainder of the Purchase Price (“Retained Tip Payment”), each time a Tip you provided is purchased by a Participant. We may change the percentage of the FishTips Tip Payment at our sole discretion. We will use commercially reasonable efforts to provide you at least fourteen (14) days prior written notice to you via your e-mail address on file. Our third-party payment provider is solely responsible for remitting all Retained Tip Payments to you, and FishTips shall have not be responsible or liable to you in any manner for our third-party payment providers failing to remit to you any Retained Tip Payment.  
4. Purchasing Tips. In order to purchase a Tip, you must pay the presented purchase price and any other processing and/or transaction fees.  If you purchase any Tips provided by other Participants, you do not obtain any rights to the Tip except for the limited right to view the Tip. You are prohibited from copying, distributing, republishing, uploading, posting, transmitting, displaying, creating any derivative works of, or otherwise exploiting any purchased Tip, provided that you may print out a copy of a purchased Tip solely for your own personal use. All intellectual property rights embodied in a Tip shall remain with the Participant who provided the Tip, as further set forth in Section 4 herein.
5. Payment Conditions. In order to receive payment for any Tips provided by you and/or purchase any Tips or other goods and services via the Services, you may be required to agree to FishTips’ third-party payment processor’s terms and conditions. You must provide accurate and complete payment information, and you authorize FishTips to share this information with the payment processor and to automatically charge you for all amounts that may become due under this Agreement. All bank, credit card, debit card or other payment information is sent directly to and stored by the payment processor, and FishTips does not store your payment information on its systems and shall not have any responsibility for the safety or security of that information. Your use of payment processing is conditioned upon your compliance with all terms and conditions required by the payment processor, and if your agreement with the payment processor is terminated, you may not be able to access the Services, receive payment for any Tips, or purchase any Tips. We may change or add other payment processing services at any time, which may be subject to additional terms or conditions.
6. Rights upon Termination. If you terminate your account, you may not be able to retrieve any Tips previously provided by you via the Services. You hereby grant FishTips a perpetual license and right to continue to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your Tips for any purpose even after your termination of your account without any payment to you. For the avoidance of doubt, we may permanently delete any Tips provided by you that remain available via the Services at any time upon termination of your account.

4. User  Content.
1. User Content.  “User Content” is any data, file attachments, text, images, photos, audio, video, reports, or any other content, that is uploaded or submitted, transmitted or otherwise made available, to or through the Services by you or any user and is processed by us on your behalf, including, without limitation, any Tip you provide via the Services as a Guide. You are solely responsible for your User Content, and once posted via the Services, it cannot always be withdrawn. As between you and FishTips, you own all right, title, and interest in and to your User Content, including all related intellectual property rights. You hereby grant FishTips a worldwide, paid-up, royalty-free, non-exclusive, perpetual, sublicensable, and irrevocable right and license to use, copy, publicly perform and display, reproduce, distribute, modify, translate, remove, analyze, commercialize, and prepare derivative works of your User Content for any purpose. You also grant other users of the Service the right to access and view your User Content in connection with their use of the Service. You irrevocably waive all claims and assertions against FishTips with respect to moral rights or attribution regarding your User Content.
2. De-Identified Data. By submitting User Content, You further grant to FishTips a worldwide, paid-up, royalty-free, non-exclusive, perpetual, sublicensable, and irrevocable right and license to de-identify all User Content and create derivative works of the de-identified data set and to use, copy, process, analyze, execute, reproduce, display, perform, transfer, distribute, and sublicense the data set and such derivative works in any technology now existing or later developed.  Subject to the your sole continuing ownership of the User Content, FishTips shall own all such de-identified data sets, and all products, solutions and services that it creates using the de-identified data sets, and all of the intellectual property rights embodied in and related to the de-identified data sets and such products, solutions and services.
3. Compliance. You represent and warrant that: (i) you have or have obtained all rights, licenses, consents, permissions, power and/or authority, necessary to grant the rights granted herein, for any User Content that you submit, post or display on or through the Services; and (ii) the User Content you submit, your use of such User Content, and our use of such User Content, as set forth in these Terms, do not and shall not (A) infringe or violate any patents, copyrights, trademarks or other intellectual property, proprietary or privacy, data protection or publicity rights of any third party; or (B) violate any applicable local, state, federal and international laws, regulations and conventions, including those related to data privacy and data transfer and exportation.
4. Feedback. By sending us any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any third party confidential or proprietary information, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, (iv) we have no obligation to review, consider, or implement the Feedback, or to return to you all or part of the Feedback, and (v) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide, assignable, sublicensable, transferable license to use, modify, prepare derivative works of, publish, distribute and sublicense the Feedback, and you irrevocably waive, and cause to be waived, against FishTips and its users any claims and assertions of any moral rights contained in such Feedback.

5. Intellectual Property Rights.
1. FishTips Materials. The Services and their entire contents, graphics, designs, compilations, magnetic translations, digital conversion, features, and functionality, including service marks, trademarks, logos, any and all related technology and any modifications, enhancements or derivative works thereof, but excluding User Content (collectively, “FishTips Materials.”) are the property of FishTips, its licensors, or other providers of such material, and may be protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws and treaties. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services. You agree to notify FishTips immediately upon becoming aware of any claim that the Services infringes upon any copyright, trademark, or other contractual, statutory, or common law rights. As between you and FishTips, FishTips retains all right, title and interest, including all intellectual property rights, in and to the FishTips Materials. You may not copy, distribute, republish, upload, post, or transmit any content or information included in the FishTips Materials without our prior written consent.
2. Use Restrictions.Except as expressly permitted in these Terms, you may not, and shall not allow any third party to: (i) give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, resell, display, transmit, broadcast, transfer or distribute any portion of the Services to any third party, including, but not limited to your affiliates, or use the Services in any service bureau arrangement; (ii) circumvent, disable or otherwise interfere with security-related features of the Services  or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Services; (iii) reverse engineer, decompile or disassemble, decrypt or, attempt to derive the source code of, the Services, or any components thereof; (iv) copy, modify, translate, patch, improve, alter, change or create any derivative works of the Services, or any part thereof; (v) take any action that imposes or may impose (at FishTips’s sole discretion) an unreasonable or disproportionately large load on the FishTips’s infrastructure or infrastructure which supports the Services; (vi) interfere or attempt to interfere with the integrity or proper working of the Services; (vii) remove, deface, obscure, or alter FishTips’s or any third party's identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Services, or use or display logos of the Services without FishTips’s prior written approval; or (viii) use the Services for competitive purposes, including to develop or enhance a competing service or product.
3. Additional Prohibited Uses. You agree not to use the Services: (i) in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries); (ii) for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iii) to impersonate or attempt to impersonate FishTips, a FishTips employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing); (iv) to send, knowingly receive, upload, download, use or re-use any material that does not comply with these Terms, or (v) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by us, may harm FishTips or users of the Services, or expose them to liability. You agree that in connection with your use of the Services, you will not trespass on or in any manner attempt to gain or gain access to any property or location where you do not have a right or permission to be (“Private Property”). You acknowledge and agree that FishTips does not have and affirmatively disclaims any obligations or ability to provide you with complete and accurate information regarding the location of any Private Property you may encounter when using the Services. You are solely responsible for obtaining all necessary permissions to enter any Private Property in connection with use of the Services.
4. Respecting Environment. You agree to be mindful and respectful of all locations, environments, and natural habitats you may encounter during your use of the Services. You agree you will not create excessive noise or other disturbances in connection with your use of the  Services. You shall act in a manner that is respectful and appropriate to the areas where you use the Services, including while interacting with others, disposing of waste, using any publicly available facilities, and otherwise.
5. Monitoring; Compliance with Terms. FishTips reserves the right to monitor use of the Services to determine compliance with these Terms, as well the right to remove or refuse any information for any reason or suspend or terminate your access to the Services for any noncompliance with these Terms. Notwithstanding these rights, you remain solely responsible for all content and information you submit via the Services, including all User Content. FishTips reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing FishTips to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THIS AGREEMENT YOU WAIVE AND HOLD HARMLESS FISHTIPS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY FISHTIPS DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER FISHTIPS OR LAW ENFORCEMENT AUTHORITIES.

6. Reliance on Information Posted.  The information presented on or through the Services, including any Tip, is made available solely for general information purposes and do not necessarily reflect the opinion of FishTips. We do not warrant the accuracy, completeness, or usefulness of this information. Information obtained by using this Services, including any Tip, is not exhaustive and does not cover all issues, topics, or facts that may be relevant to your goals. FishTips is not responsible or liable in any manner for any results or lack of results with respect to any information presented on or through the Services, including any Tip. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any user of the Services, or by anyone who may be informed of any of its contents.
7. Copyright Infringement. If you believe any content posted via the Services violates your copyright, please provide FishTips the information set forth below. You agree that we may forward any infringement notification you provide to the user who submitted the User Content at issue. FishTips reserves the right to remove any User Content alleged to be infringing without prior notice and at our sole discretion and/or provide the User Content alleged to be infringing in response to a court order or other legal request. FishTips also reserves the right to terminate a user’s account if the user is determined to be a repeat infringer. Any alleged copyright infringement suit shall be solely between the alleged infringer and the individual or organization asserting infringement, and in no event shall FishTips be required to participate, as a party or otherwise, in any copyright infringement suit. Accordingly, you hereby covenant not to sue FishTips with respect to any User Content, including without limitation any claims that any User Content violates any copyright rights.
   1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
   2. A description of the copyrighted work that you claim has been infringed;
   3. A description of where the material that you claim is infringing is located on the Services;
   4. Your address, telephone number, and email address;
   5. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
   6. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf. Our copyright agent for notice of claims of copyright infringement on the Services can be reached by directing an email to the legal team at [email protected]

8. Third-Party Products and Services.
1. The Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided directly by FishTips, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of FishTips. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
2. You may install or enable third party services for use with the Service, such as online applications or offline software products (“Third-Party Services”). Any use by you of such Third-Party Services is solely the responsibility of you and the third-party provider. You acknowledge that such third party providers may have access to User Content in connection with the interoperation and support of such Third Party Services with the Service. To the extent you authorize the access or transmission of User Content through a Third-Party Service, FishTips shall not responsible for any use, disclosure, modification, or deletion of such User Content or for any act or omission on the part of the third party provider or its service.

9. Information About You and Your Use of the Service. All information we collect via the Services is subject to our Privacy Policy provided at https://fishtips.com/privacy-policy. By using the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
10. Third-Party Links.If the Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

11. Disclaimer of Warranties.

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Services for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICE, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE SERVICES AND ALL CONTENT PROVIDED THEREIN OR THEREON, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES AND ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER FISHTIPS NOR ANY PERSON ASSOCIATED WITH FISHTIPS MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER FISHTIPS NOR ANYONE ASSOCIATED WITH FISHTIPS REPRESENTS OR WARRANTS THAT THE SERVICES OR ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICE, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EXCEPT FOR FISHTIPS’ OBLIGATIONS TO PROTECT YOUR PERSONAL INFORMATION AS SET FORTH IN OUR PRIVACY POLICY AND UNDER APPLICABLE PRIVACY LAWS, FISHTIPS ASSUMES NO RESPONSIBILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY MATERIALS (INCLUDING, BUT NOT LIMITED TO, YOUR USER CONTENT).

YOU ACKNOWLEDGE AND AGREE THAT ACTIVITIES ASSOCIATED WITH THE SERVICES  CAN INVOLVE RISK OF INJURY, DEATH, PROPERTY DAMAGE, AND OTHER DANGERS ASSOCIATED WITH SUCH ACTIVITIES. YOU UNDERSTAND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FISHTIPS CANNOT AND DOES NOT ASSUME RESPONSIBILITY FOR ANY SUCH PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE   RESULTING  FROM YOUR  USE OF THE SERVICES, AND YOU HEREBY WAIVE ALL CLAIMS AGAINST FISHTIPS REGARDING PERSONAL INJURY, DEATH, OR PROPERTY DAMAGE RESULTING FROM USE OF THE SERVICES. FISHTIPS IS NOT RESPONSIBLE FOR THE MISUSE OR  MISREPRESENTATION  OF THE INFORMATION OR DATA, INCLUDING ALL USER CONTENT,  PROVIDED THROUGH THE SERVICES AND ANY RELIANCE YOU PLACE ON SUCH INFORMATION IS AT YOUR OWN RISK.

WHEN YOU USE THE SERVICES, YOU MAY FIND THAT ACTUAL REAL-WORLD CONDITIONS DIFFER FROM THE INFORMATION AND DATA PROVIDED THROUGH THE SERVICES, INCLUDING VIA TIPS. EXERCISE YOUR INDEPENDENT JUDGMENT AND USE THE SERVICES AT YOUR OWN RISK. YOU ARE RESPONSIBLE AT ALL TIMES FOR YOUR CONDUCT.

TO THE FULLEST EXTENT PROVIDED BY LAW, FISHTIPS HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

12. Indemnification. You agree to defend, indemnify, and hold harmless FishTips, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to (a) User Content, including, without limitation any alleged infringement of User Content of any third party intellectual property rights; (b) your violation of these Terms; and (c) or your use of the Services.
13. Limitation on Liability. 

1. TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COLLECTIVE LIABILITY OF FISHTIPS AND ITS AFFILIATES, AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, TO YOU (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED $100.
2. TO THE FULLEST  EXTENT PROVIDED BY  LAW, IN NO EVENT SHALL FISHTIPS OR ITS AFFILIATES HAVE ANY LIABILITY TO YOU FOR ANY LOST PROFITS, REVENUES, OR LOSS OF USE, OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY AND WHETHER OR NOT A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

14. Termination.

1. Termination by You. You may terminate the Terms at any time by deactivating your account, discontinuing any access to or use of the Services, and providing FishTips with notice of termination by emailing FishTips at [email protected].
2. Termination by FishTips. We may temporarily or permanently deactivate your account and suspend or terminate your ability to use certain portions of the Services or all Services, for any or no reason, and without notice or liability of any kind.
3. Effect of Termination. All provisions that by their nature are intended to survive termination or expiration of this Agreement shall survive, including without limitation Sections 4-13, 14(c), and 15.

15. Miscellaneous.  

1. Governing Law and Jurisdiction. All matters relating to the Services or these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of the State of Georgia without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction). Any legal suit, action, or proceeding arising out of, or related to, the Services or these Terms shall be instituted exclusively in the federal and state courts located in Atlanta, Georgia. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

2. Notice.  FishTips may give general notices related to the Services that are applicable by email, text, in-app notifications, or by posting them through the FishTips Services, including on the FishTips website, and such electronic notices shall be deemed to satisfy any legal requirement that such notices be made in writing. Notices to FishTips must be sent to [email protected].
3. Modifications. FishTips may revise these Terms from time to time by posting the modified version on its website or via the Service. By continuing to access or use the Services after the posted effective date of the modifications to these Terms, you agree to be bound by the revised version of these Terms.
4. Waiver and Severability. No waiver by FishTips of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FishTips to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.

Last Modified: March 16, 2023