Terms & Conditions

Terms and Conditions (“Agreement”):

 

By accessing the fishing-living.org website (“Website”), you warrant and agree that you have read and agree to be bound by the following terms, conditions, and disclaimers:

AF controls and operates this Website in Tampa, Florida. This Website and all content of this Website (“Information”), and this Agreement are not intended to subject AF or this Agreement to the laws or jurisdiction of any city, county, state, country, or territory other than that of Hillsborough County, Florida. If not settled by negotiations, all disputes regarding this Website and this Agreement shall be governed in and by the federal and state courts located in Hillsborough County, Florida, and you agree to waive any jurisdictional, venue, or inconvenient forum objections to such courts.

If any provision of this Agreement is found to be unlawful, void, or unenforceable, then that provision will be deemed severable from this Agreement and will not affect the validity and enforceability of any remaining provision.

AF’s failure to insist upon or enforce strict performance of any provision of this disclaimer shall not be construed as a waiver of any provision or right.

This Agreement is the entire agreement between you and AF relating to your use of this Website. This Agreement supersedes any and all prior or contemporaneous written or oral Agreements between you and AF regarding the same subject matter except for other written, fully executed contracts between you and AF. Neither the course of conduct between you and AF, nor trade practice, shall act to modify any provision of this disclaimer.

You agree to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of the Website and the Information.

Information provided on the Website (“Information”) is for informational purposes only, is general in nature, and is not advertising any goods or services.  Such Information is not provided to promote any goods or services, is not commercial in nature, and the providing of Information is not considered a commercial activity.  The Information is provided as a service to all parties collaborating on the Fishing & Living™ initiative (“FLI”).  Neither the Website nor the Information is an offer to sell any product or service.  The Information may not be relied on by prospective purchasers of any product or service in making their purchasing decisions.  Information is provided on an “as is” and “as available” basis and is not guaranteed to be reliable, complete, or accurate.

 

The Information is subject to periodic updates, revisions, deletions and additions without prior notice.

 

Information is oftentimes produced and posted on the Website without verifying its accuracy.

 

The Information is provided as a convenience to visitors and is for informational purposes only. It should not be considered a solicitation or an advertisement of any goods or services. You should verify all information before relying on it and decisions based on information contained in our site are your sole responsibility. 

 

While the intent of the Website is to provide accurate Information, the Information cannot be relied on as being without error. Accordingly, the Information is presented without any representation, warranty or guarantee whatsoever as to its accuracy or completeness.

 

You agree that your sole and complete recourse for any dissatisfaction in or with the Website or Information is your immediate discontinuation of its usage.

 

The Information is provided “as is” without warranty of any kind, either express or implied, including without limitation, warranties of merchantability, fitness for a particular purpose, or non-infringement. Your use of this Website is at your own risk and Anova Food, LLC, its officers, employees, agents, assigns, subsidiaries, affiliates, related parties, and all other providers of data posted on this Website (collectively “AF”) assume no liability or responsibility for any errors or omissions in the content of this Website.  Under no circumstances shall AF be liable to you or any other person for any damages of any amount or character arising from your access to, or use of, this Website.

 

Neither the Website nor the Information constitutes an offer to buy or sell any product or service.

With respect to all Information, AF, its officers, employees, agents and assigns make no warranty, express or implied, including the warranties of merchantability or fitness for a particular purpose, and assume no legal liability or responsibility for the accuracy, completeness or usefulness of any Information, apparatus, product or process disclosed, nor does AF make any representation that the use of said Information will not infringe privately owned rights. AF will not be liable for any damage or injury caused by the use of this Website, including but not limited to failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or on-line failure. 

You assume all risks associated with the use of this site, including those involving computer, software or data damage caused by any virus, software or other file which might be transmitted or activated via the Website or your access to it.

Reference herein to any specific commercial product, process or service by trade name, trademark, manufacturer or otherwise does not constitute or imply AF’s or any other party’s endorsement or recommendation thereof. The views and opinions of authors expressed herein do not necessarily state or reflect those of AF, and shall not be used for advertising or endorsement purposes.

Neither AF nor the other providers of data on this Website make any representations or warranties, express or implied as to the accuracy, completeness, or fitness for any purpose or use of the content provided. Further, AF disclaims any implied warranty of merchantability or non-infringement. The contents of this Website are provided on an “as is” or “as available” basis, are subject to continuous change and may not be current.   AF does not warrant that the use of this Website or any material downloaded from it will not cause damage to any property, including but not limited to loss of data or computer virus infection and AF shall have no liability as a result of any such losses or damages. AF is not responsible for any errors or malfunction or failure of your hardware, software, or any internet access services.

You agree to defend, indemnify and hold AF harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site.

YOU ACKNOWLEDGE, BY YOUR USE OF THIS SITE, THAT USE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH YOUR USE OF OUR SITE, AND THAT AF SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SITE INCLUDING FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOSS, WHETHER OR NOT AF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  AF SHALL NOT BE LIABLE FOR ANY DAMAGES THAT USERS MAY SUFFER ARISING OUT OF OR RELATING TO THE USE OR THE INABILITY TO USE, THE SERVICES OR CONTENT PROVIDED.  THESE LIMITATIONS OF LIABILITY SHALL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT OR TORT AND SHALL SURVIVE FAILURE OF AN EXCLUSIVE REMEDY.

 

AF shall not be liable for any direct, indirect, special, incidental, consequential, punitive, or exemplary damages, including lost profits (even if we are advised of the possibility) arising in any way from the Information contained in this Website or any Information transmitted via this Website.

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY ACCESSING THIS SITE AND ANY PAGES THEREOF, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS BELOW. IF YOU DO NOT AGREE TO THE TERMS AND CONDITIONS HEREIN, DO NOT ACCESS THIS SITE OR ANY PAGES THEREOF.