Last Revised: April 9, 20211. Definitions.
1.1. The “User,” “Customer,” or “You” shall refer to direct users of Fisherman’s services and the business, business owner, or individual that Fisherman is directly servicing.
1.2. The “End User” or “Website Visitor” shall refer to users of websites that Fisherman creates, not directly interacting with Fisherman, but with the Fisherman products.2. Acceptance of the Terms of Service.
Welcome to the website of Fisherman Technologies, Inc. (the “Company”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, the “Terms of Service”), govern your access to and use of www.gofisherman.com
(the “Website”), including any content, functionality and services offered on or through the Website.
The Company may revise and update these Terms of Service from time to time in its sole discretion. All changes are effective immediately when they are posted, and apply to all access to and use of the Website thereafter. Any revision or update to these Terms of Service will be accompanied by a change in the “Effective Date” at the top of these Terms of Service.
Your continued use of the Website following the posting of revised or updated Terms of Service means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.4. Accessing the Website and Account Security/Use.
4.1. The Company reserves the right to withdraw or amend the Website, and any service or material provided on the Website, in the Company’s sole discretion and without notice. The Company will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, the Company may restrict access to some parts of the Website, or the entire Website, to Users.
4.2. You are responsible for:
a. Making all arrangements necessary for you to have access to the Website; and
b. Ensuring that all persons who access the Website through your Internet connection are aware of these Terms of Service and comply with them.
4.4. When you sign up to use the Company’s services through its website, your information is stored internally in its electronic records on its servers.5. Services Provided to Customers.
5.1. When a Customer registers with the Company, the Company provides or intends to provide services such as: improving website load time, mobile-optimized design, Search Engine Optimization (SEO), website development, website design, editing, web security, web hosting, content creation and management, lead generation and management, data analytics, social media management, version updates, integrations with other technologies, and additional website features (blogs, catering form, online ordering, e-commerce, specials, events calendar, reservations).
5.2. Company reserves the right to solicit its Users for upsells for additional products and for feedback on its services.
5.3. Company reserves the right, in perpetuity and free of charge, to use any output of Fisherman technology, including, but not limited to, websites built using the Company’s platform, for any of the Company’s marketing and promotional activities.6. Pricing.
6.1. Any price a User pays will be listed on the invoice it receives, which will reflect the services the Company will provide the User.
6.2. The User has a money back guarantee if the Company is notified within fourteen (14) days of initial purchase of any of the Company’s services.7. Customer Service.
If a User needs help regarding the services provided by the Company, User may contact the Company at firstname.lastname@example.org
and Company will respond within a reasonable amount of time.8. Intellectual Property Rights.
8.1. The Website and its entire contents, features, and functionality (including but not limited to all data, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company and are protected by United States copyright, trademark, patent, trade secret, and other intellectual property laws.
8.2. These Terms of Service permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
a. Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
b. You may store files that are automatically cached by your Web browser for display enhancement purposes; or
c. If the Company provides social media features with certain content, you may take such actions as are enabled by such features.
8.3. You may not:
a. Modify copies of any materials from this Website;
b. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text; or
c. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
8.4. You may not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
8.5. If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com
8.6. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Service, your right to use the Website will cease immediately and you must, at the Company’s option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Service is a breach of these Terms of Service and may violate copyright, trademark, and other laws.
8.7. If you provide any feedback to the Company, which may or may not be subject to Intellectual Property rights, you agree that the Company exclusively owns such feedback.9. Domains and Website URLs.
9.1. If the Company purchases a domain for the Customer, the Company owns the domain and the Customer must pay for the right to use the domain.
9.2. If the Customer owns a domain that it wants to use for Company services, fees may be charged by the Company to transfer, use, and/or connect the domain to the Company’s websites and servers. Customer agrees to pay such fees.10. Trademarks.
The company name, Fisherman, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans displayed on the Website are the trademarks of their respective owners.11. User’s Intellectual Property.
As between the Company and the User, the User shall own all intellectual property pertaining to content created by you, including, but not limited to, any logos, names, or literary works. The Company does not claim ownership rights in your content. For the sole purpose of granting you the service, you know and agree that the Company will need to access, upload and/or copy your content to its platform, including its servers, to make display adjustments, to duplicate for backup and perform any other technical actions and/or uses required to perform our services, as we deem fit. The User hereby grants a non-exclusive, royalty free license in such User’s intellectual property to the Company for such purposes.12. Use of Websites by End Users.
12.1. The Company’s technology provides a platform for its Users to interact with and collect information about their End Users. Any End User details collected through the User’s website (e.g. a ‘Request a Quote’ form on the website) is owned directly by the User, and such information will be emailed directly to the User. The Company may also store these End User details in its own database in order to provide added value to its Users and End Users.
12.3. The Company tracks, collects, and may use information about how End Users operate on a User’s website (e.g. where End Users click, how they navigate on pages, how long they spend on a website), which the Company primarily uses to inform improved website interactions. The Company reserves the right to use this information for commercial purposes.13. Third Party Services.
The Company’s services enable its Users to engage and procure certain third party services, products and tools for enhancing overall user experience, including, without limitation, third party licensed content, media distribution services, e-Commerce service providers, sellers of tangible products, etc. (collectively, “Third Party Services”).
You acknowledge and agree that regardless of the manner in which such Third Party Services may be offered to you (bundled or integrated within certain services or offered separately by the Company), the Company merely acts as an intermediary platform between you and such Third Party Services or shall be in any way responsible or liable with respect thereto. You acknowledge that such services may require the payment of additional amounts to the Company and/or to the providers of such Third-Party Services.
Any and all use of such Third Party Services shall be made solely at your own risk and responsibility, and may be subject to the legal and financial terms which govern such Third Party Services, which you are encouraged to review before engaging with them.
While the Company hopes to avoid such instances, the Company may, at any time and at its sole discretion, suspend, disable access to or remove from your website any Third Party Services without any liability to you or to any End Users14. Prohibited Uses.
14.1. You may use the Website only for lawful purposes and in accordance with these Terms of Service. You agree not to use the Website:
a. In any way that violates any applicable federal, state, local, or international law or regulation (including but not limited to any laws regarding the export of data or software to and from the United States or other countries);
b. 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; or
c. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by the Company, may harm the Company or the Users of the Website or expose them to liability.
14.2. Additionally, you agree not to:
a. Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
b. Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
c. Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
d. Use any device, software, or routine that interferes with the proper working of the Website;
e. Introduce any viruses, worms, logic bombs, or other material that is malicious or technologically harmful;
f. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website;
g. Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
h. Otherwise attempt to interfere with the proper working of the Website.15. Monitoring and Enforcement; Termination.
15.1. The Company has the right to:
a. Disclose your identity or other Personal Information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
b. Take appropriate legal action, including but not limited to referral to law enforcement, for any illegal or unauthorized use of the Website; and
c. Terminate or suspend your access to all or part of the Website for any violation of these Terms of Service.
15.2. Without limiting the foregoing, the Company reserves the right to cooperate fully with any law enforcement authorities or court order requesting or directing the Company to disclose the identity or other Personal Information of anyone posting any materials on or through the Website.
15.3. However, the Company does not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, the Company assumes no liability for any action or inaction regarding transmissions, communications, or content provided by any User, End User, or other third party. The Company has no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.16. Reliance on Information Posted.
The information presented on or through the Website is made available solely for general information purposes (“General Information”). The Company does not warrant the accuracy, completeness, or usefulness of this General Information. Any reliance you place on such General Information is strictly at your own risk. The Company disclaims all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website may include content provided by third parties, including but not limited to advertisers. All statements and/or opinions expressed in these materials, other than the content expressly provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. The Company is not responsible or liable to you or any third party for the content or accuracy of any materials provided by any third parties.17. Changes to the Website.
The Company may update the content on this Website from time to time, but the Website’s content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and the Company is under no obligation to update such material.18. Linking to the Website and Social Media Features.
18.1. You may link to the Company’s homepage, provided you do so in a way that is fair and legal and does not damage the Company’s reputation or take advantage of it, but you may not establish a link in such a way as to suggest any form of association, approval, or endorsement on the part of the Company without the Company’s express prior written consent.
18.2. This Website may provide certain social media features that enable you to:
a. Link from your own or certain third party websites to certain content on this Website; or
b. Cause limited portions of the content on this Website to be displayed or appear to be displayed on your own or certain third party websites.
18.3. You may use these features solely as they are provided by the Company, and solely with respect to the content they are displayed with. Subject to the foregoing, you may not:
a. Establish a link from any website that is not owned by you;
b. Cause the Website or portions of it to be displayed, or appear to be displayed by, for
example, framing, deep linking, or in-line linking, on any other site;
c. Link to any part of the Website other than the homepage; or
d. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.
18.4. You agree to cooperate with the Company in causing any unauthorized framing or linking immediately to cease. The Company reserves the right to withdraw linking permission without notice.
18.5. The Company may disable all or any social media features and any links at any time without notice in the Company’s sole discretion.19. Geographic Restrictions.
The Company is registered in the state of Delaware in the United States. The Company provides this Website for use only by persons located in the United States and makes no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.20. Disclaimer of Warranties..
You understand that the Company cannot and does not guarantee or warrant that files available for downloading from the Internet or the Website 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 our site for any reconstruction of any lost data. The Company shall 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 Website. Your use of the Website, its content, and any services or items obtained through the Website is at your own risk. The Website, its content, and any services or items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. Neither the Company nor any person associated with the Company makes any warranty or representation with respect to the completeness, security, reliability, quality, accuracy, or availability of the Website. The Company hereby disclaims all warranties of any kind, whether express or implied, statutory, or otherwise, including but not limited to any warrantied of merchantability, non-infringement, and fitness for a particular purpose. The foregoing does not affect any warranties which cannot be excluded or limited under applicable law.21. Limitation on Liability.
In no event will the Company, its affiliates, licensors, employees, agents, officers, or directors be liable for damages of any kind, under any legal theory, arising out of or in connection with your use, or inability to use, the Website. The foregoing does not affect any liability that cannot be excluded or limited under applicable law.22. Indemnification.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and their respective officers, directors, employees, contractors, agents, licensors, 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 your violation of these Terms of Service or your use of the Website, including but not limited to any use of the Website's content, services, and products other than as expressly authorized in these Terms of Service.23. Governing Law.
All matters relating to the Website and these Terms of Service 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 internal laws of the State of Delaware24. Dispute Resolution.
You agree to attempt in good faith to resolve any dispute, claim, or controversy arising out of or relating to these Terms of Service including the documents it incorporates by reference. Nonetheless, legal action taken by the Company to collect any fees, recover damages for, or obtain an injunction relating to the operations of the Website operations or intellectual property shall not be submitted to mediation or arbitration except as otherwise agreed to in writing by the Company. In addition, either you or the Company may seek any interim or preliminary relief from a court of competent jurisdiction in the State of Delaware necessary to protect the rights or property of you or the Company pending the completion of arbitration.25. Waiver and Severability.
No waiver of by the Company of any term or condition set forth in these Terms of Service 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 the Company to assert a right or provision under these Terms of Service shall not constitute a waiver of such right or provision.
If any provision of these Terms of Service 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 of Service will continue in full force and effect.26. Comments and Concerns.
This Website is operated by Fisherman Technologies, Inc. Except as otherwise indicated above, all other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: firstname.lastname@example.org
Thank you for visiting the Website.