By registering with the Angler's Atlas, you become a member and are entitled to download access maps and depth charts from our site at no charge. Members are also entitled to receive our monthly newsletter at no charge. In exchange, we require each member to agree to the terms of service below. These terms help safegaurd our intellectual property, and ensure that the information we provide is not misused.
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
The Angler's Atlas Service (“Service”), owned and operated by Anglers Atlas (“Anglers Atlas”), is provided to you (“Member”) under the terms and conditions of this Angler's Atlas Terms of Service (AATS) and any operating rules or policies that may be published by Angler's Atlas. The AATS comprises the entire agreement between Member and Angler's Atlas and supersedes all prior agreements between the parties regarding the subject matter contained herein. BY COMPLETING THE REGISTRATION PROCESS AND CLICKING THE “I ACCEPT” BUTTON, YOU ARE INDICATING YOUR AGREEMENT TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF THE AATS.
DESCRIPTION OF SERVICE
The Angler's Atlas provides Members access to electronic documents related to recreational fishing. These documents can be viewed and printed using the viewer software, Adobe Acrobat Reader, which is available for download at no charge from the World Wide Web (visit www.adobe.com for more information). In order to use the Service, Member must: (1) provide all equipment, including a computer and modem, necessary to establish a connection to the World Wide Web; (2) provide for own access to the World Wide Web and pay any telephone service fees associated with such access. In consideration for this Service, Member agrees to: (1) provide certain current, complete, and accurate information about Member as prompted to do so by the Service and (2) maintain and update this information as required to keep it current, complete and accurate. All information requested on original sign up shall be referred to as registration data (“Registration Data”). Furthermore, Member grants Angler's Atlas the right to disclose to third parties certain Registration Data about Member and Service membership in the aggregate; however, such disclosures will exclude Member's name, mailing address, and email address, unless: (1) Member expressly directs Angler's Atlas, or any other person Member may specifically designate to disclose such information through the Service as provided by the Service or (2) Angler's Atlas is required to disclose such information by any applicable law or legal process served on Angler's Atlas. If any information provided by Member is inaccurate, Angler's Atlas retains the right to terminate Member's membership and rights to use the Service.
MODIFICATIONS TO TERMS OF SERVICE
Angler's Atlas may change the terms and conditions of the AATS from time to time. Upon any change in the terms and conditions of the AATS, Angler's Atlas will notify you by posting the changes as a start-up screen prior to your subsequent use of the Service. If you agree to be bound by the changes, you must again click the “I Accept” button that will follow the posted changes. If you do not click the “I Accept” button, you may terminate your use of the Service at that time. Member's continued use of the Service constitutes an affirmative: (1) acknowledgment by Member of the AATS and its modifications; and (2) agreement by Member to abide and be bound by the AATS and its modifications.
MODIFICATIONS TO SERVICE
Angler's Atlas reserves the right to modify or discontinue the Service with or without notice to Member. Angler's Atlas shall not be liable to Member or any third party should Angler's Atlas exercise its right to modify or discontinue the Service.
USERNAME, PASSWORD, AND MEMBERSHIP
Once you become a member of the Service, you shall receive a username and a password. You are entirely responsible if you do not maintain the confidentiality of your password. Furthermore, you are entirely responsible for any and all activities which occur under your membership. You may change your password or icon at any time by following instructions. Member agrees to immediately notify Angler's Atlas of any unauthorized use of membership or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. ANGLER'S ATLAS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ANGLER'S ATLAS MAKES NO WARRANTY THAT THE SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DOES ANGLER'S ATLAS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS IN THE SOFTWARE WILL BE CORRECTED. MEMBER UNDERSTANDS AND AGREES THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT MEMBER'S OWN DISCRETION AND RISK AND THAT MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO MEMBER'S COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ANGLER'S ATLAS MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY MEMBER FROM ANGLER'S ATLAS OR THROUGH THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
ANGLER'S ATLAS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE OR THE INABILITY TO USE THE SERVICE OR FOR COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF ANGLER'S ATLAS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
NO RESALE OR COMMERCIAL USE OF THE SERVICE
Member's right to use the Service is personal to Member. Member may only be an individual: Member may not be a corporation or other business entity. Member agrees not to resell or make any commercial use of the Service, without the express consent of Angler's Atlas.
MEMBER CONDUCT
Member is solely responsible for the contents of his or her actions through the Service. Member's use of the Service is subject to all applicable local, state, national and international laws and regulations. Member agrees: (1) not to use the Service for illegal purposes; (2) to comply with all regulations, policies and procedures of networks connected to the Service. Angler's Atlas may, at its sole discretion, immediately terminate Service should Member's conduct fail to conform with these terms and conditions of the AATS.
INDEMNIFICATION
Member agrees to indemnify and hold Angler's Atlas, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Member's use of the Service, the violation of this AATS by Member, or the infringement by Member, or other user of the Service using Member's computer, of any intellectual property or other right of any person or entity.
TERMINATION
Either Member or Angler's Atlas may terminate the Service with or without cause at any time and effective immediately. with or without cause at any time and effective immediately. Termination shall be accompanied by a written notice to the other party. Angler's Atlas shall not be liable to Member or any third party for termination of Service. Should Member object to any terms and conditions of the AATS or any subsequent modifications thereto or become dissatisfied with the Service in any way, Member's only recourse is to immediately: (1) discontinue use of the Service; (2) terminate Service membership; and (3) notify Angler's Atlas of termination. Upon termination of the Service, Member's right to use the Service and Software immediately ceases.
NOTICE
All notices to a party shall be in writing and shall be made either via email or conventional mail. Angler's Atlas may broadcast notices or messages through the Service to inform Member of changes to the AATS, the Service, or other matters of importance; such broadcasts shall constitute notice to Member.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member may enter into correspondence with or participate in promotions of the Advertisers showing their products on the Service. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between the corresponding Member and the Advertiser. Angler's Atlas assumes no liability, obligation or responsibility for any part of any such correspondence or promotion.
PROPRIETARY RIGHTS TO CONTENT
Member acknowledges that content, including but not limited to maps, text, software, music, sound, photographs, video, graphics or other material contained in either sponsor advertisements, commercially produced information presented to Member by the Service (“Content“) by Angler's Atlas or Angler's Atlas's Advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; therefore, Member is only permitted to use this Content as expressly authorized by the Service or the Advertiser. Member may not copy, reproduce, distribute, or create derivative works from this Content without expressly being authorized to do so by the Service or the Advertiser.
LAWS
The AATS shall be governed by and construed in accordance with the laws of the province of British Columbia, excluding its conflict of law provisions. Member and Angler's Atlas agree to submit to the exclusive jurisdiction of the courts of the province of British Columbia. If any provision(s) of the AATS is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. Angler's Atlas' failure to exercise or enforce any right or provision of the AATS shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Angler's Atlas in writing. Member and Angler's Atlas agree that any cause of action arising out of or related to this Service must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred. The section titles in the AATS are solely used for the convenience of the parties and have no legal or contractual significance.