Reelentless Website User Agreement

This page was last updated: August 29, 2009

              REELENTLESS SPORT FISHING WEBSITE AGREEMENT Reelentlesssportfishing.com, accharters.com, accharterboats.com, acsportfishing.com, acsportfishing.net, actournaments.net, actournamentsportfishing.com, atlanticcitycharters.net, atlanticcitycharters.net, atlanticcitydeepseafishing.com, deapseafishing.net web site (the "Site") is online, internet-based information services provided by   Reelentlesssportfishing.com, accharters.com, accharterboats.com, acsportfishing.com, acsportfishing.net, actournaments.net, actournamentsportfishing.com, atlanticcitycharters.net, atlanticcitycharters.net, atlanticcitydeepseafishing.com, deapseafishing.net the ("Operator").  Use of the Site by any person, individual, business, company, corporation or the like (the "User" or “You”) shall be subject to the terms and conditions set forth in this User Agreement.  PLEASE READ THIS USER AGREEMENT CAREFULLY BEFORE ACCESSING THE SITE.  BY ACCESSING AND/OR USING THE SITE, YOU EXPRESSLY AND/OR IMPLIEDLY AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH HEREIN.  IF YOU DO NOT WISH TO BE BOUND BY THE TERMS AND CONDITIONS OF THIS USER AGREEMENT, YOU MAY NOT ACCESS OR USE THE SITE. 1. COPYRIGHT, LICENSES AND IDEA SUBMISSIONS.  The entire contents of the Site are subject to state, federal and international laws governing copyrights, trademarks, servicemarks, trade names and other proprietary information.  The owner of such proprietary information is  Reelentlesssportfishing.com, accharters.com, accharterboats.com, acsportfishing.com, acsportfishing.net, actournaments.net, actournamentsportfishing.com, atlanticcitycharters.net, atlanticcitycharters.net, atlanticcitydeepseafishing.com, deapseafishing.net (the “Operator”), its subsidiaries, affiliates or other third-party licensors.  The copyright(s), trademark(s), servicemark(s), trade name(s), and/or proprietary information and/or proprietary materials include, but may not be limited to, the Reelentlesssportfishing.com, accharters.com, accharterboats.com, acsportfishing.com, acsportfishing.net, actournaments.net, actournamentsportfishing.com, atlanticcitycharters.net, atlanticcitycharters.net, atlanticcitydeepseafishing.com, deapseafishing.net    domain name(s).  USERS MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, DOWNLOAD, POST, TRANSMIT OR DISTRIBUTE, IN ANY FORM OR MANNER, THE MATERIAL ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS, CODE AND/OR SOFTWARE.  Users may print and download portions of material from different areas of the Site solely for private, non-commercial, non-public use, provided that You do not change, modify, delete, or otherwise alter any copyright or proprietary notices from said materials.  By using the Site, You agree to grant to the Operator a non-exclusive, royalty-free, world-wide, perpetual license to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and/or other information, including but not limited to, ideas contained therein for new and improved products and services that You submit to any public areas of the Site, such as bulletin boards, forums and newsgroups, or that You submit by email to the Operator via the Site, or by any other means and in any media now known or hereafter developed.  You further grant the Operator the right to sub-license all such materials in the Operator’s sole discretion. You further grant to the Operator the right to use Your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto.  You agree that You shall have no recourse against the Operator or the Site for any alleged or actual infringement or misappropriation of any proprietary right in Your communications to and/or with the Operator and/or the Site. 2. THIRD-PARTY PROPRIETARY INFORMATION.  Unless otherwise noted, publications, products, content or services referenced herein or within the Site are the exclusive copyrights, trademarks, servicemarks, trade names, proprietary information and/or proprietary property of the Operator.  Other product and company names mentioned in the Site may be the copyrights, trademarks, servicemarks, proprietary information and/or proprietary property of the companies and/or owners mentioned, named and/or identified therein.  Use of any copyrights, trademarks, servicemarks, trade names, proprietary information and/or proprietary property of the Operator or third-parties is prohibited and shall be subject to punishment and/or penalties established by and/or under all applicable state, federal and international laws governing same. 3. USE OF SITE.  A. The Operator restricts use of the Site to Users that are 13 years of age or older.  Only Users 18 years of age or older shall be eligible to make purchases from the Site pursuant to the Terms and Conditions of Sale posted on the Site.  The Operator reserves the right to terminate access of any User suspected and/or confirmed to be under the minimum age eligibility requirements set forth herein. B. You agree that You will not post, upload, email or otherwise make available on the Site any content that: (i) is threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, harmful to minors in any way or that is otherwise harmful to others and/or unlawful; (ii) is pornographic in any manner, including but not limited to, any picture, video, clip, depiction or other type of image portraying (a) humans engaging in sexual conduct, sexual intercourse, genital-to-genital contact, oral-genital contact, anal-genital contact, or oral-anal contact, whether between persons of the same or opposite sex; (b) bestiality; (c) masturbation; (d) sadistic or masochistic abuse; or (e) lascivious exhibition of the genitals or pubic areas of any person or animal; or (iii) harasses, degrades, intimidates or is hateful towards an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability. C. You understand that, except for information, products or services clearly identified as having been supplied by the Operator, neither the Operator nor the Site operate, control or endorse any information, products or services on the Internet in any manner or for any purpose.  Unless otherwise stated, and except for information, products or services owned by or specifically offered by the Operator, all information, products and services offered through the Site or on the Internet generally are offered by third-parties that are not affiliated with or sponsored by the Operator.  D. You acknowledge and agree that the Operator cannot and does not guarantee or warrant that files available for downloading from and/or through the Site are free of infection, viruses, worms, Trojans or other code that manifest and/or disseminate contaminating or destructive properties.  You, the User, are solely responsible for implementing sufficient safety procedures and checkpoints to protect Your computer and to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. E. YOU ASSUME COMPLETE AND UNQUALIFIED RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE.  THE OPERATOR PROVIDES THE SITE AND RELATED INFORMATION ON AN “AS IS” BASIS AND MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR PROMISES WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICES PROVIDED THROUGH THE SERVICE, OR ON THE INTERNET GENERALLY, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. F. Neither the Operator nor the Site shall be liable for any cost or damage arising either directly or indirectly from Your use of the Site.  It is solely the User’s responsibility to evaluate the accuracy, completeness and usefulness of all representations, opinions, advice, services, merchandise and/or any other information provided through the Site or on the Internet generally.  G. The Operator does not warrant that the service will not be interrupted or error-free or that defects in the service will be corrected.  You understand and agree that the pure nature of the Internet contains unedited materials some of which may be sexually explicit or otherwise offensive to You.  Your access to the Internet is at Your own risk.  The Operator has no control over and accepts no responsibility whatsoever for such materials. 4. TERMINATION OF USE. A. Voluntary Use and Termination.  You understand and agree that Your use of the Site is voluntary.  You further agree that You have the right to cease and/or discontinue Your use and/or access of the Site should you object to any term or condition of this User Agreement, any guidelines or rules posted on the Site and/or any subsequent modifications thereto.  You further acknowledge and agree that should You become dissatisfied at any time with the Operator or the Site, Your sole and only recourse shall be to immediately cease and/or discontinue use of the Site. B. Involuntary Termination of Use.  You acknowledge and agree that Your use of the Site voluntarily subjects You to the terms and conditions set forth in this User Agreement.  You further acknowledge and agree that the Operator shall have the sole discretion to terminate Your access and/or use of the Site for any reason permitted by law, including but not limited to the following reasons: (i) any violation of the terms and conditions of the User Agreement; (ii) any violation of the terms and conditions of the User Agreement as may be modified hereafter; (iii) any violation of any supplemental rule or guideline posted on the Site; (iv) any act or conduct that constitutes a violation of any local, state, federal or international law; or (v) any conduct that the Operator, in its sole discretion, perceives as improper, immoral or otherwise harmful to others. 5. MODIFICATIONS OF THE USER AGREEMENT.  The Operator may modify any term of this User Agreement at any time.  Any modifications implemented by the Operator shall become effective immediately upon the Operator’s posting upon the Site of the modified User Agreement.  You shall be given notice of any such modifications at which time it shall be your responsibility to review the modified User Agreement.  Your continued use and/or access of the Site thereafter shall be deemed conclusive evidence that You read the modified User Agreement, that You understood and accepted the terms of the modified User Agreement and that, thereafter, You agreed to use and/or access the Site subject to the terms and conditions of the modified User Agreement. 6. LIMITATION OF LIABILITY. A. In no event shall the operator be held liable for: (i) any direct, indirect, incidental or consequential damages, including but not limited to damages arising from loss of profits, business interruption, loss of programs or information, etc., associated with the User’s use of or inability to use the Service, or any information or transactions provided on the Service or downloaded from the Service, or any delay of such information or delay in the use or delivery of information from the Service, even if the Operator or its authorized representatives have been advised of the possibility of any such damages; or (ii) any damages or claim for damages attributable to errors, omissions or other inaccuracies in the services, materials and/or information downloaded through the Service. B. The Operator makes no representations whatsoever about any other web site You may access on the Internet even of such access is granted or obtained through a link on the Site which may be linked to the Operator's Site.  You acknowledge and agree that all web sites other than the Operator's Site are independent from the Operator's Site and that the Operator maintains no control, and makes no representations or warranties about, the content on such other independent web sites. C. A link to the Operator’s Site shall not be interpreted to mean that the Operator endorses or accepts any responsibility for the content or the User’s use of such other web sites. D. In the event that any part of this User Agreement is stricken as unenforceable by any court of competent jurisdiction of any state of the United States of America, all other terms and provisions of this User Agreement shall remain in full force and effect as written and the Operator’s liability shall be limited to the fullest extent permitted by law.

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