1.  Acceptance of Terms.  Guideandcharter.com (hereinafter sometimes referred to as the “Website”) is an online resource that connects fishermen, guides and businesses with appropriate fishing guide and charter companies.  By using the Website in any way, you agree to comply with the Terms of Use contained herein.  In addition, when applicable, you agree to abide by any additional posted guidelines and restrictions, which may change from time to time, with or without notice.  Should you object to any term or condition contained herein or elsewhere within the Website or become dissatisfied with the service provided by the Website in any way, you agree that your only recourse is immediate discontinuance of the use of the Website.  Guideandcharter.com reserves the right, but is not obligated, to strictly enforce the Terms of Use contained herein through active investigation, litigation and prosecution, among other means.

2.  Modifications to the Terms of Use.  Guideandcharter.com reserves the right, at its sole discretion, to change, modify, or otherwise alter the terms and conditions contained herein and elsewhere on the Website.  Such modifications shall be effective immediately upon the posting thereof, and no prior notice of such modifications shall be required to be given by the Website.

3.  Content.  You understand that all posting, messages, text, files, images, photographs, videos, sounds or other materials (hereinafter referred to as the “Content”) posted on, transmitted through, or linked from the Website, are the sole responsibility of the person from whom such Content originated.  Guideandcharter.com does not control and is not responsible for Content made available through linked websites, pages, or other Content.  You understand that you may be exposed to Content that is offensive, inaccurate, indecent, misleading, or otherwise objectionable.  Guideandcharter.com makes no representations or warranties with respect to the accuracy, completeness or authenticity of the information contained in Content accessible through the Website, and makes no representations or warranties with respect to the quality of services ultimately obtained through independent third party vendors who may have been contacted through the Website.  You link to any third party website at your own risk.  Under no circumstances will Guideandcharter.com be responsible or liable for any loss or damage incurred of any kind as a result of the use of any Content posted, emailed or otherwise made available through the Website.  Additionally, under no circumstances will Guideandcharter.com be responsible or liable for any loss or damage incurred from the use or solicitation of services from a third party vendor who may have been contacted through the Website.  GUIDEANDCHARTER.COM MAKES NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO THE QUALITY OF SERVICES THAT MAY BE OBTAINED THROUGH THE WEBSITE AND ASSUMES NO RESPONSIBILITY OR LIABILITY WITH RESPECT THERETO.   You acknowledge that Guideandcharter.com does not pre-screen or approve Content accessible through the Website, but that Guideandcharter.com shall have the right, but not the obligation, to delete, refuse or remove any Content available through the Website at any time, for any reason, and without notice.  You acknowledge that Guideandcharter.com does not hold itself out to be a proponent of any Content linked from the Website. 

4.  Third Party Content, Sites and Services.  Guidandcharter.com and Content available through the Website may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of Guideandcharter.com, including websites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services and the internet as a whole. 

Your interaction with organizations, individuals, or other third parties found through the Website, including payment and delivery for goods or services, provision of goods or services for which payment is expected, and any other terms, conditions, warranties or representations associated with such dealings are solely between you and such organization, individual or third party.  You should make whatever investigation you feel necessary or appropriate before entering into any transaction online or offline with any of these third parties. 

You agree that Guideandcharter.com shall not be responsible or liable for any loss or damage of any sort, of any kind whatsoever, incurred as a result of any such dealings.  If there is a dispute between users of the Website, or between users and third parties, you understand and agree that Guideandcharter.com is under no obligation or duty, and has no responsibility, to become involved.  In the event that you have a dispute with one or more users, you hereby release Guideandcharter.com, its officers, employees, administrators, agents and successors in right from claim, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/ or the services provided by the Website.

5.  Indemnity.  You agree to hold Guideandcharter.com and its employees, owners, and administrators immune to any loss or liability associated with you or a third party, by use of the Website services.  Guideandcharter.com is not responsible for the damages caused to a third party by the actions of a user, and is not responsible for the damages caused to a user by the actions of a third party, whether financial, physical, emotional, mental or otherwise.  GUIDEANDCHARTER.COM DOES NOT ENSURE OR GUARANTEE THE SAFETY, WHETHER PHYSICAL, EMOTIONAL, MENTAL, FINANCIAL OR OTHERWISE, OF ANY KIND WHATSOEVER, OF ANY INDIVIDUAL WHO ACCESSES SERVICES FROM A THIRD PARTY VENDOR THROUGH THE WEBSITE AND DOES NOT ENSURE OR GUARANTEE THE SAFETY OF ANY THIRD PARTY VENDOR FOR ANY REASON WHATSOEVER. 

6.  Privacy.  You acknowledge and agree that Guideandcharter.com may, in its sole discretion, preserve or disclose your communications and any Content posted through the website, as well as you information, such as email addresses, IP addresses, timestamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce our Terms of Use; respond to claims that any content violates the rights of third-parties; respond to claims that contact information of a third party has been posted or transmitted to another individual, corporation, entity or other third party without their consent or as a form of harassment; protect the rights, property, or personal safety of Guideandcharter.com, its users, officers, employees, administrators, agents or the general public.

7.  Conduct.  You agree not to post, email or otherwise make available Content that is: (a) unlawful, harmful, threatening abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way; (b) that is pornographic or obscene; (c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; (d) that impersonates any person or entity, including, but not limited to, a Guideandcharter.com employee, or falsely states or otherwise misrepresents your affiliation with a person or entity; (e) that includes personal identifying information about another person without that person’s explicit consent; (f) that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch”; (g) that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party or Content that you do not have a right to make available under any law or contractual or fiduciary relationship; (h) that advertises any illegal service or the sale of any items or services the sale of which is prohibited or restricted by any applicable law in any territory or jurisdiction of the United States; (i) that contains software viruses or computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (j) that employs misleading email addresses, or forged or otherwise manipulated headers or identifiers to disguise the origin of Content transmitted through the service.

Additionally, you agree not to: (a) contact anyone who has asked not to be contacted or make unsolicited contact with anyone; (b) stalk or otherwise harass a person, whether prior dealings have ensued between the parties or not; (c) collect personal data about other users; (d) attempt to gain unauthorized access to the computer systems of Guideandcharter.com, or to engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of the Website.

8.  Paid Advertisements.  We may charge a fee for Content or other advertisements posted in some areas of the Website.  The fee paid does not entitle any user to disregard or violate any of the Terms of Use contained herein and the party responsible for posting such Content is responsible for such content and for compliance with the Terms of Use.  Content can be removed without notice, but appeal can be made to the Website administrators.  All fees paid are non-refundable in the event that Content or advertisements are removed from the Website for violation of the Terms of Use. 

9.  Access.  Guideandcharter.com grants you a limited, revocable, non-exclusive license to access the Website for your own personal use.  Your continued access to the Website is subject to your compliance with the letter and spirit of the Terms of Use contained herein.

10.  Termination of Access.  Guideandcharter.com, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address or otherwise terminate your access to or use of the Website (or any part thereof), immediately and without notice, and to remove and discard any Content within the Website, for any reason, including, without limitation, if Guideandcharter.com believes that you have acted inconsistently with the letter or spirit of the Terms of Use contained herein.  Further, you agree that Guideandcharter.com shall not be liable to you or any third party for any termination of your access to the Website.

11.  Disclaimer of Warranties.  YOU AGREE THAT THE USE OF THE WEBSITE IS ENTIRELY AT YOUR OWN RISK.  GUIDEANDCHARTER.COM IS PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND WHATSOEVER.  ALL EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE FULLEST EXTENT PERMITTED BY LAW, GUIDEANDCHARTER.COM DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY AND PERFORMANCE OF THE WEBSITE. 

TO THE FULLEST EXTENT PERMITTED BY LAW, GUIDEANDCHARTER.COM DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE OR ANY SERVICES ACCESSED THROUGH ANY LINKS ON THE WEBSITE.

Some jurisdictions do not permit the disclaimer of implied warranties.  In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.

12.  Limitations on Liability.  UNDER NO CIRCUMSTANCES, WHATSOEVER, SHALL GUIDEANDCHARTER.COM BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF GUIDEANDCHARTER.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO SUE THE WEBSITE, OR INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION OR TERMINATION OF THE WEBSITE.  SUCH LIMITATION ALSO SHALL APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE.  THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Some jurisdictions do not permit limitations on liability.  In such jurisdictions, some of the foregoing may not apply to you.

13.  Indemnity.  You agree to indemnify and hold Guideandcharter.com, its officers, employees, subsidiaries, affiliates, successors, assigns, directors, agents, service providers, suppliers and administrators harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the Website, your use of the Website, your violation of the Terms of Use contained herein, your breach of any of the representations and warranties herein, or your violation of any rights of another.

14.  General.  If any provision of the Terms of Use contained herein is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in such provision, and the other provisions of the Terms of Use shall be given full effect and shall be severable from the invalid provisions.