Terms of Use

Last Updated July 12, 2022

TERMS OF USE

Please read the following Terms of Use (“Terms”) carefully. They govern Your use of the GoodWater LLC (hereafter referred to as “We”, “Us”, “Our”, “Company” or “Website”) GOODWATER™ website and mobile application (“Application”). Whenever the term “Application” is used, it includes the GOODWATER™ Application and Our Website. By using the Application, You acknowledge that You have read and understood all of the Terms, and You agree to be bound by these Terms.

Persons or businesses that decide to fully access all the features available through Our Application may be required to register as a “User” which allows them to participate in the use or Our Application. The term “User,” “You”, and “Your” means registered and non-registered users, advertisers, businesses, or third-party service providers whether they are a person, company, business, or organization and includes Fishing Professionals and/or Website visitors looking for information. A “Fishing Professional” is a User or client of Ours that is a captain, guide, outfitter, or other type of fishing professional that posts or provides information about their fishing “Trips” (as that term is defined below). A “Customer” is a User that uses Our Application for informational purposes and/or to find a Fishing Professional to hire. “Trips” are trips, packages, or other services offered by Fishing Professionals.

As a User, You specifically agree to these Terms, as well as Our Privacy Policy.  You agree and accept these Terms and the Privacy Policy all of which form a binding agreement (“Agreement”) between You and Us.  Each User acknowledges that this Agreement governs use of the “Content” and “Services” (as those terms are defined below) that We make available through Our Application or other third parties and also applies to any emails, texts or conversations between You and Us.

If You do not agree to these Terms, You agree that You will not use Our Application. The Company reserves the right to change the Terms under which the Application is offered and will post such changes via the Application.  If You do not agree to the amended Terms, You agree to stop using the Application. You will be deemed to have accepted the amended Terms if You continue to use the Application after such amended terms are posted showing the “Last Updated” date.  Any changes will be effective immediately upon the posting the new date.  Your continued use of the Application, Services, Information, and Content after the effective date of a revised version of this Agreement constitutes Your acceptance of the Terms.

Before using any of the “Information” or “Services” (as those terms are defined below) made available on or through Our Application, Users acknowledge and agree that they have read and agree to be bound by this Agreement in its entirety. Users agree to be bound by any changes to this Agreement and check back from time to time.  We may revise or amend the Terms at any time without prior notice and Users agree the revisions or amendments will be effective upon updating on Our Application with those changes or amendments. We agree to change the “Last Updated” date appearing at the top of this page to reflect each time We make any changes to this Agreement. Continued use of the Application following the posting of changes shall mean that You accept those changes as of the latest update, or after We send You notice of the changes, but we are not obligated to do so. Even if You agree to Our Terms, We may deny You access in Our sole and absolute discretion, for any reason or no reason. 

Communication on Our Platform or Application Until Hired; Payment Terms.

The Company has spent a considerable amount of time, effort, and expense to build this Application for Users to obtain information, communicate with one another, and book a specific Package with a particular Guide. You agree that all initial communications between Customers and Fishing Professionals will solely be through Our Application until the Customer hires the Fishing Professional. The process begins when a Customer checks the Trips and availability of a Fishing Professional for a particular Trip(s). Once a Customer has agreed on a date and a Trip, they book that Trip with the Fishing Professional. The Customer and Fishing Professional can either communicate through our Application or may decide to communicate directly with one another. The Company may receive fees, including but not limited to, fees in the form of subscriptions from Fishing Professionals and/or Customers, booking fees from Fishing Professionals and/or Customers, service fees from Fishing Professionals and/or Customers, as well as advertising from third parties. Initially, We will be using Stripe Payments, but reserve the right to change payment processors at any time.

Registration for the Application.

The Application enables Users to create a profile and communicate with other Users. In order to access all the features and use the Application, You may be required to set up a User account (“Your Account”) and abide by Our Agreement. In setting up and maintaining Your Account, You agree to provide accurate information regarding Your identity, Your contact information, and any other information requested by Us related to the Application. You will set Your own password for accessing the Application and shall be solely and strictly liable for everything that occurs through the use of Your Account.

Each Fishing Professional agrees that they are properly licensed, insured, and experienced to offer the Trips they offer and the services and Trips they offer do not and will not violate the laws, rules, or regulations of any local, state, country, or governmental regulatory agency or authority. At the time each Professional signs up, We require them to send Us a copy of their licenses and permits. Although We believe each Fishing Professional to be validly and legally conducting their business in the particular states in which they offer trips and other services, We cannot guarantee the validity and legality of their current status for the Trips and other services they offer Users, and all Users agree to hold us harmless and indemnify Us from any such claims related thereto. Users agree to conduct their own due diligence and research before hiring a Fishing Professional.

USERS AGREE TO HOLD US HARMLESS AND INDEMNIFY US AGAINST ANY CLAIMS RELATED TO THE SERVICES, PACKAGES, TRIPS, ACTIONS, INACTIONS, PAYMENT PROBLEMS, NON-PAYMENT, CANCELLATIONS, OR ANY AND ALL ACTIVITIES OF ANOTHER USER, IT BEING UNDERSTOOD THAT WE DO NOT GUARANTEE ANYTHING, WE CONDUCT NO DUE DILIGENCE ON USERS, AND ALL USERS AGREE TO ACCEPT ALL RISKS OF USING OUR APPLICATION AND HIRING A FISHING PROFESSIONAL OR WORKING WITH A CUSTOMER.

You are responsible for maintaining the confidentiality of Your Account and password and for restricting access to Your mobile device, computer, or other device, and You agree to accept responsibility for all activities that occur under Your Account or password. You agree to immediately notify Us of any unauthorized use of Your password or Your Account, or any other breach of security of which You become aware. If You are under eighteen (18) years of age do not use Our Application.

By setting up Your Account and using the Application, You expressly agree that You will receive communications from Us, including email messages. You acknowledge and agree that You consent to the receipt of such messages and that Your receipt of such messages does not violate the CAN-SPAM Act and/or any state and federal laws related to commercial communications. You may stop receiving such messages by following the opt-out instructions provided by Us in any such communication or notifying Us by email that you no longer wish to receive messages from Us.

Disclosure and Disclaimer

By using Our Application, You agree to the terms of this Disclosure and Disclaimer. The Information contained in this Application is for general information purposes only and may be sourced directly by Us or through third party sources believed to be reliable, but We can give no assurance of reliability, accuracy, timeliness or truthfulness. You agree to conduct your own due diligence and research and to accept all risks related to reliance on any Information or Services We provide or make available on Our Application. We make no representations, warranties, or guarantees of any kind, express or implied, about the completeness, accuracy, reliability, suitability of the Information or Services made available through this Application, and You agree to hold Us harmless from any claims or loss You may suffer as a result of Your use of the Information or Services made available through this Application. You agree that any reliance You place on the Information or Services made available by Us or any Users on or through this Application is solely at Your own risk and You hereby agree to hold Us harmless and indemnify Us from any such loss or claims resulting from Your use of the Information or Services made available by Us or others on or through Our Application.

We may have financial interests in, or relationships with, some of the entities, businesses, and/or publications discussed or otherwise referenced on Our Application. Certain links that may be provided on Our Application are provided for convenience and do not imply Our endorsement, or approval of any Fishing Professional, business or third-party website or their content. Although We are a registered limited liability company in the State of Montana, We are not authorized, registered or licensed in any capacity with any state or regional authority or the regulatory bodies or agencies of any country, state, province, or territory to provide Trips.

We have not and will not conduct any due diligence or background checks on Users.  By using Our Application, You agree to conduct Your own due diligence and research on Fishing Professionals and the services and/or products they offer and you agree to hold Us harmless from any loss caused by Your purchase or sale of any products, Trips or Services, or hiring of any User advertising or using Our Application. Do not rely on the Information provided or the Services made available on Our Application. You agree to conduct Your own research and due diligence.

Our Application serves as a platform and provides access to our virtual community of Users. We do not offer any advice of any kind and the information We provide should be verified through other sources  and We are not involved in agreements between Users or in any legal or other representation of Users. We simply provide a platform for Users. Users agree and represent that We shall at no point be held liable for the actions or omissions of any User. Users agree and represent that We shall at no point be held liable for the actions or omissions of any User that they either interact with, communicate with, hire, make a purchase from, or receive any type of services, package, Trip, or products from as a result of connecting on or through Our Application. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your use of Our Application, the Information or entering into an agreement of any kind with a User or anyone else using Our Application. We do not vouch for any Users. We simply provide a platform and directory on which those interested in the outdoors and fishing and connecting with others may communicate and transact with others. We do not endorse any of the Users and do not sanction, approve, or endorse statements that Users make on the platform or Application.

We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User or the posts, statements, or advertisements of any Users. We strongly advise and encourage Users to research and do a background check on any User before accepting their advice or services, products, or Trips or entering into any type of partnership, business, or other relationship, or offering them employment or equity.

No Reliance on User-Generated Content. The Content We may post or that is User-Generated Content posted on or though Our Application, such as blog posts or social media posts, is provided for informational and research purposes only, with no assurance that the Content is true, correct, or accurate so do not solely rely on the Content found on Our Website. Content on Our Website is not a substitute for professional business, financial, legal, or any other type of advice nor is it a solicitation to offer business, financial, legal or any other type of advice. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information made available on Our Website or made available through Our Application, such as blog posts or social media posts, is not regulated by any state, federal, or country agency, association, or governing association. When You hire a Fishing Professional, Your contract or agreement for any services, product, Trip, package or advice they give is strictly between You and the Fishing Professional and You agree We are not party to that contract or agreement and Users agree to hold Us harmless and indemnify Us from any claims made by either You as either a Customer or a Fishing Professional.

We Do Not Guarantee Results. From time to time, Users may submit reviews of Users; these reviews do not constitute a guarantee, warranty, or prediction regarding the outcome of any future matter. You agree that We shall have no responsibility or liability of any kind for any User-Generated Content or advice You encounter on or through the Application, as well as blog posts or social media posts, and any use or reliance on User-Generated Content or advice is solely at Your own risk. You understand and agree that any Information available on or through Our Application, including blog posts or social media posts, is for research and general informational purposes only and not to be relied upon.

Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Application will be solely for purposes that are permitted by this Agreement; (iii) Your use of Our Application will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of Our Application will comply with all applicable laws, rules, and regulations, and with all other policies, terms and conditions stated in this Agreement.

In no event will We be liable for any loss or damage to You or any third parties including without limitation, indirect or consequential loss or damage, even if We are made aware of it or notified of it by You, or any loss or damage whatsoever arising from loss of data, money, assets, or profits arising out of, or in connection with, the use of Our Application. Our Application and Services may not always be available or properly functioning and You agree to hold Us harmless from any loss of data, money, assets, or profits arising out of, or in connection with, the inability to use or access Our Application or Services.

In no event will We be liable for any loss or damage to You or any third parties including, but not limited to, any loss caused in whole or in part by any inaccuracies or incompleteness, delays, interruptions, errors or omissions, including, but not limited to, those arising from Our negligence or the negligence of any of Our Users, service providers or sites we link to or contingencies beyond Our or any of Our service providers’ control in procuring, compiling, interpreting, computing, reporting, or delivering the Information or Services.

We are not giving business advice, investment advice, tax advice, legal advice, professional advice, or advice of any kind by allowing You to use Our Application and Services and communicate with other Users.

The Information and Services We provide are provided to You on a strictly “as is,” “where is,” and “where available” basis. We do not represent or warrant the accuracy, completeness, current status, non-infringement, merchantability, or fitness for a particular purpose of the Information contained on Our Application or the Services made available to You. We do not make any representations or warranties that access to Our Application or use of the Information or Services will be continuous, uninterrupted, or error-free.

Through this Application You may be able to link to other sites which are not under Our control. We have no control over the nature, content, and availability of those third-party sites. The inclusion of any links to those third-party sites does not imply that We recommend or endorse the services they provide, or the views expressed by them.

Additionally, We may receive advertising, marketing, or promotional fees (which may be in the form of cash, or any other type of asset) from other businesses or companies or those wanting to promote their products, Trips, or services, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available on Our Application and that Information may be biased as a result.

Advertiser Disclosure – Affiliate and Referral Programs

From time to time, We may enter into various affiliate and referral programs with others for which We receive compensation, so We have a conflict of interest and/or interest in the Information We provide or the Services We make available through Our Application and that Information and/or those Services may be biased as a result.

Your Use of Our Application.

You may use Our Application only for legal and appropriate uses. Company reserves the right to make changes to the Application at any time and without notice. Your access to and use of the Application is completely at the discretion of Company, and Your access to and use of the Application may be blocked, suspended, or terminated without prior notice at any time for any reason or for no reason, including, without limitation, for any violation of the following rules:

 • You must comply with all state, federal, and/or international laws, rules, policies and/or licenses governing communications while using the Application, and with all applicable copyright, trademark, or other intellectual property rights laws.

• You may not upload, post, email, transmit or otherwise make available any Content or Information which infringes any trademark, patent, copyright or trade secret or other proprietary right of any person or entity, unless You are the owner of the rights or have the permission of the owner to post such content.

• You may not intimidate, harass, stalk, defame or intentionally offend other Users of the Application or any other person or entity.

• You may not post any Information via the Application that includes hate speech, threatening messages, defamation, pornography, nudity or graphic or gratuitous violence.

• You may not use the Application to do anything that is unlawful, misleading, discriminatory, malicious or otherwise objectionable.

• You may not use the Application if You are a convicted sex offender.

• You may not interfere or attempt to interfere with the Application or another person’s use of the Application by use of any program, script, command, device, software, routine, or otherwise.

• You may not create or use accounts by automated means, under false or fraudulent pretenses, or in a way that is misleading or misrepresents Your identity or affiliation with another person or entity.

 • You may not use a fake or false profile, resume, description, or picture of yourself or others.

• You may not use any software, automated program, robot, spider, scraper, or other computerized means to access the Application for any purpose without our advance written permission.

• You may not decompile, reconfigure, re-engineer, interfere or attempt to compromise Our Website, Application, platform, or system integrity or security in any way.

Your Interactions with Other Users.

The Application enables You to interact with other Users of the Application. You are solely responsible for Your interactions with other Users, whether online or offline. You acknowledge that the Company does not conduct criminal background checks regarding Users or otherwise inquire into the background of its Users in order to verify their, identity, criminal background, credentials, education or licenses.

Company reserves the right, but has no obligation, to monitor or become involved in disputes between Users. You shall be responsible for exercising Your best judgment in determining who to interact with, who to meet, who to hire or purchase a Trip from, and who to share personal information with. It is Your responsibility to take reasonable precautions in all interactions with other Users of the Application, particularly if You agree to hire them, purchase a Trip from them, rely on their advice, accept work they may perform, accept a product they may sell, or agree to meet them in person. In no event shall the Company be responsible or liable for the conduct of any User or for any claims resulting from Your interactions with other Users, whether or not you hire them or pay them any compensation.

Registration As a User

When You register, You will be required to register by creating an account and then signing in. If You register, You represent and warrant to Us that: (i) You are of legal age to form a binding contract, and, if You are acting on behalf of an organization, You have the right to enter this Agreement on behalf of such organization; (ii) You will provide Us with accurate, current and complete registration information; (iii) Your registration and Your use of Our Application is not prohibited by law; and (iv) You have all legal rights to provide the Content You post and will not violate any confidentiality agreements, copyright or trademark laws, intellectual property agreements, court orders, or other laws or agreements that may prohibit You from posting such information, posts, comments or other such Content.

About Our Application.

a.            Our Application provides access to Our platform for Users, whether they are registered or not.  We do not vouch for any Users, Our Advertisers, or those that provide Content. We do not endorse any of Our Users and do not sanction statements that Users make on the platform or elsewhere, although from time to time We may monitor and/or review what Users post.

b.            We do not offer any legal, business, financial, personal advice and We are not involved in agreements between Users. We do not provide confidential communications between Users, so please note that any communications between Users is not protected or confidential. You agree to hold Us harmless and indemnify Us from any and all such claims made as a result of Your using Our Application, the Information or entering into an agreement of any kind with a User or anyone else using Our Application.

Definitions.

The following words are used throughout these Terms and have specific meanings. You should know what each of the terms means.

a.            The term “Agreement” refers, collectively, to all the terms, conditions, and notices contained or referenced in these Terms and the Privacy Policy.

b.            Whenever the term “Application” is used, it includes Our Website, mobile application, and any social media platforms on which we may have set up an account.

c.             “Content” refers to content featured or displayed on or through Our Application, including but not limited to text, documents, data, articles, opinions, images, photographs, graphics, software, applications, video recordings, audio recordings, sounds, designs, features, and other materials that are made available on Our Application either by Us, third parties, or by Users. Content includes, without limitation, User Content, and Third-Party Content, such as posts, articles, recommendations, Trip descriptions and information, or reviews, which may be submitted by any User or others that are not Users.

d.            “Information” refers to any Content, as well as Our data, pricing, ratings, products, Services, charts, analysis, comparisons, figures, advertising tips, marketing information, or graphics made available through Our Application.

e.            The term “Service” or “Services” refers to the services provided through Our Application.  

f.             The “Website” refers to Our Website, all subpages and subdomains, and all Information, Services, and products available on or through Our Website.

g.            The term “User,” “You”, and “Your” means Users (whether registered or not), advertisers, businesses, or third party service providers and includes persons, companies, businesses, or organizations.

h.            Our Website and Application are owned by GoodWater LLC and are also referred to as “We”, “Us”, “Our”, “Company”, “Application” or “Website”. When any of these words are used in these Terms those words shall also include Our affiliates, corporate owner, directors, subsidiaries, officers, members, managers, successors, assigns, designees, suppliers, service providers, independent contractors, consultants, and employees.

License and User Content.

Company grants You a limited, non-exclusive, non-transferable license to access and use the Application in legally authorized jurisdictions for personal, business, and commercial purposes. This license is contingent upon Your compliance with these Terms. Any unauthorized use of the Application shall automatically terminate the license granted to You by the Company for such use. You shall be solely responsible for Your actions and the contents of Your transmissions or Information you post via the Application. Although the Company does not claim ownership of any of the photographs, videos, information, materials and other Content that You post via the Application (collectively, “Your Content”), by posting Your Content via the Application, You automatically grant Company an irrevocable, perpetual, non-exclusive, fully paid, and royalty-free, worldwide license to use, reproduce, copy, perform, adapt, edit, revise, display, reproduce, and distribute Your Content in any manner, for any purpose, without restriction, and in any medium including in connection with the Application. You agree that Our rights to Your Content, which rights are set forth in this Section and elsewhere in these Terms, apply even after We or You terminate Your account or status as a User.

Responsibility for Your Content

You may create Content, written or otherwise, while using Our Application. You are solely responsible for the Content of, and any harm resulting from, any of Your Content that You post, upload, link to or otherwise make available via Our Application, regardless of the form of that Content. Any liability, loss or damage that occurs as a result of the use of any of Your Content that You make available through Our Application is solely Your responsibility. We are not responsible for any public display or misuse of Your Content and We do not verify, research, or verify the truthfulness or accuracy of any of Your Content or Third Party Content or Information made available on or through the use of Our Application, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, financial, health, medical, personal, or other advisors without relying on any Content, advertising or marketing that appears on or is accessible through Our Application.

Right to Post.

You represent and warrant that You have the right to post all Your Content. Specifically, You warrant that You have fully complied with any third party licenses, sublicenses, or permissions relating to such Content and have taken all steps necessary to post, display or pass through such Content on Our Application.

We May Modify or Remove Content.

We have the right (though not the obligation) to, in Our sole discretion, determine whether or not any of Your Content is appropriate and complies with these Terms, or refuse or remove any of Your Content that, in Our reasonable opinion, violates any of Our policies or is in any way harmful, inappropriate, or objectionable. We further reserve the right to make formatting and edits and change the manner of any of Your Content.

Ownership.

You acknowledge and agree that the Application, all patent rights, trade secret rights, design rights, copyrights, trademark rights, and other property rights in the Application shall at all times remain Our sole property. You will not acquire any right, title or interest in or to the Application by reason of these Terms, except for the non-exclusive license to use the Application in accordance with these Terms.

Third Party Content.

There will be Content from third parties accessible through Our Application or linked from Our Application. Because We cannot control that Content, We are not responsible for that Content or for the websites or other applications that Content may link to.

a.            Access To Third Party Content. By using Our Application, You will be able to access Content belonging to or originating from third parties (“Third-Party Content”). Your use of Our Application is consent for Us to present this Third-Party Content to You. You acknowledge all responsibility for, and assume all risk for, Your use of Third-Party Content.

b.            No Responsibility for Third-Party Content. As part of Our Application, We may provide You with convenient links to third-party website(s) as well as other forms of Third-Party Content. We are not responsible for any public display or misuse of Third-Party Content and We do not verify, research, or verify the truthfulness or accuracy of any Third-Party Content, which You agree You will separately verify or confirm from outside sources deemed reliable or Your own professional legal, business, or financial advisors without relying on any Third-Party Content, advertising or marketing that appears on or is made available through Our Application. We have limited control over third-party websites or Content or the promotions, materials, information, goods, or services available on them. By linking to such Content, We do not represent or imply that We adopt or endorse, nor are We responsible for, the accuracy or reliability of any opinion, advice, statement, Trip, service or product. We are not responsible for any Third-Party Content accessed through Our Application. If You decide to leave the Application and access Third-Party Content, You do so at Your own risk and You should be aware that Our terms and policies do not govern Your use of those third-party websites or applications. You should review the applicable terms and policies, including privacy and data gathering practices, of any such Third-Party Content, website or application.

c.             No Authorization to Use Third Party Content. This Agreement does not authorize You to distribute, publicly display, publicly perform, make available, alter, or otherwise use any Third-Party Content except as permitted by those third-party websites or applications You are visiting.

User Responsibilities.

You, and You alone, are responsible for Your account and anything that happens while You are signed in to or using Your account. Your security is Your responsibility.

a.            User Account Security. If You register as a User, You will create a personalized account which includes a unique username and a password to access Our Application and to receive messages from Us, Users, businesses, and advertisers. You are responsible for maintaining the security of Your account, and You are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You agree to notify Us immediately of any unauthorized use of Your account, or any other breaches of security. We will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of Your computer, mobile device, or other computing device and/or account.

b.            We do not select or endorse any individual or business User nor any Information they make available to You or may post anywhere on Our Application. We do not make any warranty, guarantee, or representation as to the authenticity, ability, competence, quality, finances, or qualifications of any User. We strongly advise and encourage Users to, and each User represents and agrees that they will research, conduct their own due diligence, and do a background check on any User before accepting their advice, services, Packages, or products, entering into any type of partnership, business, or other relationship, or offering them employment, consulting fees, performance based fees, or equity.

c.             No Reliance on the Information. Information posted on or made available through Our Application, such as blog posts or forums, is provided for entertainment, informational, and research purposes only, with no assurance that the Information is true, correct, or accurate. The Information is not a substitute for professional business, financial, health, medical, personal, legal, or any other type of advice nor is it a solicitation to offer any advice regarding specific facts. You should not delay or forego seeking independent advice regarding Your particular situation. Delay in seeking such financial or legal advice could result in waiver of any claims You may have, depending on the applicable statute(s) of limitation. The Information, regardless of its source, is not regulated or overseen by any governmental or regulatory authority or agency.

d.            We Do Not Guarantee Results. From time to time, Users may submit reviews of other Users or the services, Packages or products of various businesses or Fishing Professionals; these reviews do not constitute a guarantee, warranty, or prediction regarding the quality, effectiveness or outcome of any future matter. You agree that We shall have no responsibility or liability of any kind for any of the Information presented on or made available through Our Application, and any use or reliance on such Information is solely at Your own risk.

e.            Compliance with Laws. You represent, warrant, and agree that: (i) You have the authority to, and are of legal age in Your jurisdiction to, bind Yourself to this Agreement; (ii) Your use of Our Application will be solely for purposes that are permitted by this Agreement; (iii) Your use of the Application will not infringe or misappropriate the intellectual property rights of any third party; and (iv) Your use of the Application will comply with all local, state and federal laws, rules, and regulations, and with all other policies we establish from time to time.

Copyright Infringement and DMCA Policy.

If You believe that any Content located on Our Application or linked to a third-party website by Us violates Your copyright, please notify Us in accordance with Our Digital Millennium Copyright Act Policy.

a.            Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requests the same of Users. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, We will terminate a User’s access to and use of Our Application if the User is considered by Us a repeat infringer of the copyrights or other intellectual property rights of the Company or others. We may terminate access of Users who We believe repeatedly provide or post protected Third-Party Content without appropriate rights and permissions.

b.            DMCA Take-Down Notices. If You are a copyright owner or an agent of a copyright owner and believe, in good faith, that any materials provided on or through Our Application infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending a properly formatted take-down notice in writing to The Company’s designated copyright agent: Business: GoodWater LLC, LLC Member Manager, Montana Attention: Copyright Agent.

c.             Response To DMCA Take-Down Notices. If We take action in response to an infringement notice, We will make a good faith attempt to contact the party that made such Content available by means of the most recent email address, if any, provided by that party to the Company. Any DMCA infringement notice may be forwarded to the party that made the Content available or to third parties such as https://lumendatabase.org/.

d.            Counter-Notices. If You believe that Your Content that has been removed from Our Application is not infringing, or that You have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the Content You submitted, You may send a properly formatted counter-notice to the Company’s copyright agent using the contact information set forth above.

e.            Response to DMCA Counter-Notices. If a counter-notice is received by the Company’s copyright agent, the Company may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed Content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the Content provider, member or user, the removed Content will be reinstated on the Application in ten (10) to fourteen (14) business days after receipt of the counter-notice.

Intellectual Property Notice.

We retain all ownership of Our intellectual property, including Our copyrights, patents, and trademarks.

a.            No Transfer. We retain ownership of all intellectual property rights of any kind related to Our Application, including applicable copyrights, patents, trademarks, and other proprietary rights. Other trademarks, service marks, graphics and logos used in connection with the Application may be the trademarks of other third parties. This Agreement does not transfer from Us to You any of the Company’s or third party’s intellectual property, and all right, title, and interest in and to such property will remain (as between the parties) solely with Us. We reserve all rights that are not expressly granted to You under these terms.

b.            Specifically, the Company’s trademarks and all other trademarks that appear, are displayed, or are used on the Application or as part of the Services or Packages being offered by Fishing Professionals are registered or common law trademarks or service marks of the Company or are those belonging to others who have given Us approval to use them in Our Application. These trademarks may not be copied, downloaded, reproduced, used, modified, or distributed in any way without Our prior written permission.

c.        Any comments or materials sent to Us or posted on Our Application, including feedback data, such as questions, comments, suggestions, or the like (collectively “Feedback”), shall be deemed to be the intellectual property of the Company. The Company’s use of the Feedback will be in compliance with Our Privacy Policy, and applicable laws. The Company shall have no additional obligations with respect to such Feedback and shall be free to reproduce, modify, use, disclose, exhibit, display, transform, create derivative works, and distribute the Feedback to others without limitation. Further, We shall be free to use any descriptions, testimonials, recommendations, criticism, ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to improving Our Application, and developing, creating, and marketing products and services incorporating such Feedback.

User Dispute Resolution Procedures.

a.            Users agree that any such disputes between Users shall be settled, arbitrated, or litigated between them. If You have a dispute with one or more Users, You release the Company from any claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If You are a California resident, You waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”  Users agree that they shall hold harmless and shall indemnify the Company from and against any such claims, demands, lawsuits or losses and that in either event the maximum liability of the Company shall be $250.00. The laws of the State of Montana, U.S.A. shall govern the validity, performance, enforcement, interpretation and any other aspect of the Agreement and any claims to be made by a User against the Company, without regard to principles of conflicts of laws thereunder. All Users and the Company agree to submit to the exclusive jurisdiction and venue of the state courts of Montana, U.S.A. located in the County of Gallatin, for any action arising out of this Agreement.

b.  Circumventing Us to Avoid Paying Fees. You agree that in the event You circumvent these Terms after being introduced to a Customer through our platform, that you will be liable for 20% of the amount of the transaction as well as Our reasonable attorney’s fees and costs. In the event You are introduced to a Customer through Our platform, You agree that all hires or purchases must be done through Our platform. If You are a Customer and want to hire a Fishing Professional or purchase a Trip from a Fishing Professional, You agree you will do so through Our platform and any attempt to circumvent Our entitlement to fees from Fishing Professionals on Our platform will be grounds for termination of our account with Us.

c.             You agree that any cause of action related to or arising out of Your relationship with the Company must commence, by filing a lawsuit pursuant to these Terms, not later than three hundred and sixty-five (365) calendar days after the claim or cause of action accrues. Otherwise, such claim or cause of action and Your rights to bring such action shall be permanently barred.

d.            Jury Trial Waiver. Users and the Company acknowledge and agree to waive the right to a trial by jury as to all matters, disagreements, disputes, or controversies of any kind or nature that may exist between them.

e.            No Class Actions or Representative Proceedings. Users and the Company acknowledge and agree to waive the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding as to all disagreements, disputes, or controversies of any kind or nature. Further, unless Users and the Company both otherwise agree in writing, the court may not consolidate more than one party’s claims and may not otherwise preside over any form of any class or representative proceeding.

Indemnification.

You agree to indemnify, defend and hold Us harmless from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys’ fees and court costs, relating to or arising from: (a) any violation of this Agreement by You; (b) Your Content and/or any other materials that are posted or activities that occur under Your Account; (c) Your interactions or communications with any other User of the Application; and (d) reliance on the reviews, Information, statements, or communication from other Users, advertisers, or third parties using Our Application. We will have sole control of the defense of any such damage or claim made against Us.

Disclaimer of Warranties TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE APPLICATION IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE APPLICATION WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE APPLICATION WILL MEET YOUR REQUIREMENTS. INFORMATION OBTAINED THROUGH THE APPLICATION HAS NOT BEEN VERIFIED, AND COMPANY DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID.

COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE.

Limitation of Liability YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE APPLICATION IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COMPANY, NOR ANY OF COMPANY’S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, “COMPANY ASSOCIATES”) SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS’ FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE APPLICATION OR INABILITY TO GAIN ACCESS TO OR USE THE APPLICATION OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COMPANY OR A COMPANY ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATING TO YOUR COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE APPLICATION, INCLUDING WITHOUT LIMITATION, DAMAGES RESULTING FROM BODILY INJURY AND/OR EMOTIONAL DISTRESS.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COMPANY IS TO STOP USING THE APPLICATION. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

THE APPLICATION IS CONTROLLED, OPERATED AND ADMINISTERED BY COMPANY FROM ITS OFFICES WITHIN THE UNITED STATES. COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE APPLICATION IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE APPLICATION FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COMPANY ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COMPANY AND YOU.

We respect and are committed to Your privacy. Please review our Privacy Policy, which also governs Your use of the Application, to understand Company’s practices.

Miscellaneous.

You acknowledge and agree that the provisions, disclosures, and disclaimers set forth in these Terms are fair and reasonable and Your agreement to follow and be bound by them is not the result of fraud, duress or undue influence exercised upon You by any person or entity. The failure of Company to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms 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 the provision, and the other provisions of the Terms shall remain in full force and effect.

Company shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms. These Terms, including any documents referenced herein and any additional operating rules posted via the Application, represent the entire understanding between You and Company regarding Your relationship with Company and Your use of the Application. These Terms supersede all previous written or oral agreements between You and Company with respect to such subject matter. Notwithstanding any provision of these Terms, Company has available all remedies at law or equity to enforce these Terms.

Non-Assignability. The Company may assign or delegate these Terms, in whole or in part, to any person or entity at any time with or without Your consent. You may not assign or delegate any rights or obligations under the Terms or the Privacy Policy without the Company’s prior written consent, and any unauthorized assignment and delegation by You is void.

Section Headings and Summaries Non-Binding. Throughout these Terms, certain sections may include titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.

Authorization to Contract. You represent and warrant that if You are an individual, You are of legal age to form a binding contract; or that if You are registering on behalf of an entity, that You are authorized to enter into, and bind the entity to this Agreement.