FISH.ARMY Elite Terms of Service Agreement
By signing up for the FISH.ARMY Elite service (“Service”) or any of the services of FISH.ARMY Elite (“FISH.ARMY”) you are agreeing to be bound by the following terms and conditions (“Terms of Service”). Any new features or tools which are added to the current Service shall be also subject to the Terms of Service. You can review the current version of the Terms of Service at any time at here. FISH.ARMY Elite reserves the right to update and change the Terms of Service by posting updates and changes to the FISH.ARMY Elite website. You are advised to check the Terms of Service from time to time for any updates or changes that may impact you.
Everyday language summaries are provided for your benefit and are not legally binding. Please read the “Terms of Service” for the complete picture of your legal requirements. By using FISH.ARMY Elite or any FISH.ARMY Elite services, you are agreeing to these terms. Be sure to occasionally check back for updates.
1 Account Terms
- You must be 18 years or older or at least the age of majority in the jurisdiction where you reside or from which you use this Service.
- You must provide your full legal name, current address, a valid email address, and any other information needed in order to complete the signup process.
- You acknowledge that FISH.ARMY Elite will use the email address you provide as the primary method for communication.
- You are responsible for keeping your password secure. FISH.ARMY Elite cannot and will not be liable for any loss or damage from your failure to maintain the security of your account and password.
- You are responsible for all activity and content such as videos, files, data, graphics, photos and links that is uploaded under your FISH.ARMY Elite account (“Content”). You must not transmit any worms or viruses or any code of a destructive nature.
- A breach or violation of any term in the Terms of Service as determined in the sole discretion of FISH.ARMY Elite will result in an immediate termination of your services.
Don’t use FISH.ARMY Elite for anything illegal or transmit any harmful code. Remember that with any violation of these terms we will cancel your service.
If we need to reach you, we will send you an email.
2 Account Activation
- Subject to section 2.2, the person signing up for the Service will be the contracting party (“Account Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding account we may provide to the Account Owner in connection with the Service.
- If you are signing up for the Service on behalf of your employer, your employer shall be the Account Owner. If you are signing up for the Service on behalf of your employer, then you represent and warrant that you have the authority to bind your employer to our Terms of Service.
The person signing up for the FISH.ARMY Elite Service is responsible for the account and is bound by these Terms of Service. If you signup on behalf of your employer, your employer owns the account and is also bound by our Terms of Service.
3 General Conditions
- Technical support is only provided to paying account holders and is only available via email.
- You may not use the FISH.ARMY Elite service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws) as well as the laws of Canada and the Province of Ontario.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without the express written permission by FISH.ARMY Elite.
- You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use FISH.ARMY Elite or FISH.ARMY Elite trademarks and/or variations and misspellings thereof
- Questions about the Terms of Service should be sent to firstname.lastname@example.org.
- You understand that your Content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit Card information is always encrypted during transfer over networks.
- Unless you are on a paid plan with no transaction fees or have written consent from FISH.ARMY Elite, you agree not to charge people to access your content other than by collecting payments on the FISH.ARMY Network Service. Any attempt to bypass the FISH.ARMY Elite payment system to avoid transaction fees may result in the suspension or cancellation of your account. If you would like to avoid transaction fees please contact us to upgrade to a no fees plan.
The FISH.ARMY Elite service belongs to us. You are not allowed to steal or copy it or use it for any illegal or sketchy purpose.
Don’t bypass our billing system to avoid transaction fees. If you would like a no fees account, contact us to upgrade.
Your content may be transferred unencrypted and may be altered, but credit card information is always encrypted.
4 FISH.ARMY Elite Rights
- We reserve the right to modify or terminate the Service for any reason, without notice at any time.
- We reserve the right to refuse service to anyone for any reason at any time.
- We may, but have no obligation to, remove Course Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal or written abuse of any kind (including threats of abuse or retribution) of any FISH.ARMY Elite customer, FISH.ARMY Elite employee, member, or officer will result in immediate account termination.
- FISH.ARMY Elite does not pre-screen Course Content and it is in their sole discretion to refuse or remove any Course Content that is available via the Service.
- We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that FISH.ARMY Elite employees and contractors may also be FISH.ARMY Elite customers/instructors and that they may compete with you, although they may not use your confidential information in doing so.
- In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, etc.
- FISH.ARMY Elite retains the right to determine, in our sole judgment, rightful account ownership and transfer an account to the rightful owner. If we are unable to reasonably determine the rightful account owner, FISH.ARMY Elite reserves the right to temporarily disable an account until resolution has been determined between the disputing parties.
We can modify, cancel or refuse the service at anytime.
In the event of an ownership dispute over a FISH.ARMY Elite account, we can freeze the account or transfer it to the rightful owner.
5 Limitation of Liability
- You expressly understand and agree that FISH.ARMY Elite shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service.
- In no event shall FISH.ARMY Elite or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or this agreement (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, FISH.ARMY Elite partners, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
- Your use of the Service is at your sole risk. The Service is provided on an ”as is“ and ”as available“ basis without any warranty or condition, express, implied or statutory.
- FISH.ARMY Elite does not warrant that the Service will be uninterrupted, timely, secure, or error-free.
- FISH.ARMY Elite does not warrant that the results that may be obtained from the use of the Service will be accurate or reliable.
- FISH.ARMY Elite does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, or that any errors in the Service will be corrected.
- In no event will Service Provider’s aggregate liability for all claims of any kind, including any claims arising out of or related to this agreement, whether by statute, contract, tort, or under any other theory of liability, exceed the fees paid by you for the FISH.ARMY Elite Service hereunder during the one (1) month period immediately preceding the date on which the cause of action arose.
We are not responsible if you break the law, breach this agreement or go against the rights of a third party, especially if you get sued.
Service is “as is” so it may have errors or interruptions and we provide no warranties.
The total amount of our potential liability is limited to one month of your fees paid to us.
6 Waiver and Complete Agreement
The failure of FISH.ARMY Elite to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and FISH.ARMY Elite and govern your use of the Service, superseding any prior agreements between you and FISH.ARMY Elite (including, but not limited to, any prior versions of the Terms of Service).
If FISH.ARMY Elite chooses not to enforce any of these provisions at any time, it does not mean that they give up that right later.
These terms of service make up the agreement that applies to you. This means that any previous agreements between you and FISH.ARMY Elite don’t apply if they conflict with these terms.
7 Intellectual Property and Customer Content
- We do not claim any intellectual property rights over the material you provide to the FISH.ARMY Elite service. All material you upload remains yours. You can remove your FISH.ARMY Elite site at any time by deleting your account. This will also remove all content you have stored on the Service.
- By uploading Content, you agree: (a) to allow other internet users to view your Content; (b) to allow FISH.ARMY Elite to display and store your Content; and (c) that FISH.ARMY Elite can, at any time, review all the Content submitted by you to its Service.
- You retain ownership over all Content that you upload to a FISH.ARMY Elite site; however, by making your site public, you agree to allow others to view your Content. You are responsible for compliance of Content with any applicable laws or regulations.
- You retain ownership over all content that you submit to a FISH.ARMY Elite site however, by making your site public, you agree to allow others to view your content.
- We will not disclose your confidential information to third parties, except as required in the course of providing our services. Confidential information includes any materials or information provided by you to us which is not publicly known. Confidential information does not include information that: (a) was in the public domain at the time we received it; (b) comes into the public domain after we received it through no fault of ours; (c) we received from someone other than you without breach of our or their confidentiality obligations; or (d) we are required by law to disclose.
Anything you upload remains yours and your responsibility. If you want to remove your content, just delete your account.
8 Payment of Fees
- A valid credit card is required for accounts able to process orders using a live payment gateway. Accounts used for development purposes (unable to process orders using a live payment gateway) do not require a valid credit card.
- The service will be billed in 30 day intervals. When your billing period is over the Account Owner will be sent an invoice via the email provided. Users have approximately two weeks to bring up and settle any issues with the billing.
- All fees are exclusive of applicable federal, provincial, state, local or other governmental sales, goods and services, harmonized or other taxes, fees or charges now in force or enacted in the future (“Taxes”).
- If you are a resident of Canada, you are responsible for all applicable Taxes that arise from or as a result of your subscription to or purchase of FISH.ARMY Elite’s products and services. These Taxes are based on the rates applicable to the Canadian billing address you provide to us. Such amounts are in addition to fees for such products and services and will be billed to the credit card you use to pay for the products and services. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are resident in the U.S., Taxes may apply to your subscription to or purchase of some or all of FISH.ARMY Elite’s products and services, including without limitation, your subscription to or purchase of FISH.ARMY Elite’s ecommerce services (“Taxable Offerings”). Any applicable Taxes are based on the rates applicable to the U.S billing address you provide to us, and will be calculated at the time of purchase of the applicable Taxable Offerings. Such amounts are in addition to fees for the Taxable Offerings and will be billed to the credit card you use to pay for the Taxable Offerings. If you are exempt from payment of such Taxes, you must provide us with an original certificate that satisfies applicable legal requirements attesting to tax-exempt status. Tax exemption will only apply from and after the date we receive such a certificate.
- If you are not a resident of Canada or the U.S., and not subject to Canadian Goods and Services Tax/Harmonized Sales Tax (GST/HST) in respect of your subscription to or purchase of FISH.ARMY Elite’s products and services, you must provide us with a statement by email to email@example.com stating that: (i) you are not a resident of Canada or the U.S.; (ii) you are not GST/HST registered; and (iii) to the extent that you are an individual and not a corporation or other legal entity, you were not physically present in Canada when FISH.ARMY Elite’s products and services were made available to you. The statement should also include your complete home and/or business location address. If you do not provide such information, you will be charged for Taxes applicable to your subscription to or purchase of FISH.ARMY Elite’s products and services, which will be billed to your credit card until after such time that you provide us with the information described above. To the extent that you are an individual and not a corporation or other legal entity, and your location of usage changes to a place in Canada or the U.S., you must advise us immediately by email to firstname.lastname@example.org.
- FISH.ARMY Elite does not provide refunds.
For live payment gateways, a valid credit card is required. You will be billed every 30 days and have 2 weeks to pay. Tax is not included and will be billed to your credit card. If you’re exempt from Canadian taxes, let us know by giving us your original exemption certificate and we’ll stop adding taxes to your bill. No refunds.
9 Cancellation and Termination
- You may cancel your account at anytime by emailing email@example.com and then following the specific instructions indicated to you in FISH.ARMY Elite’s response.
- Once cancellation is confirmed, all of your Content will be immediately deleted from the Service. Since deletion of all data is final please be sure that you do in fact want to cancel your account before doing so.
- If you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again.
- We reserve the right to modify or terminate the FISH.ARMY Elite service for any reason, without notice at any time.
- Fraud: Without limiting any other remedies, FISH.ARMY Elite may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
To initiate a cancellation, email firstname.lastname@example.org. FISH.ARMY Elite will respond with specific information regarding the cancellation process for your account. Once cancellation is confirmed, all your content will be permanently deleted. If you cancel in the middle of the month, you’ll have one last email invoice.
We may change or cancel your account at any time. Any fraud and we will suspend or cancel your account.
10 Modifications to the Service and Prices
- Prices for using FISH.ARMY Elite are subject to change upon 30 days notice from FISH.ARMY Elite. Such notice may be provided at any time by posting the changes to the FISH.ARMY Elite Site (https://fish.army) or the administration menu of your FISH.ARMY Elite site via an announcement.
- FISH.ARMY Elite reserves the right at any time to time to modify or discontinue, the Service (or any part thereof) with or without notice.
- FISH.ARMY Elite shall not be liable to you or to any third party for any modification, price change, suspension or discontinuance of the Service.
We may change or discontinue the service at anytime, without liability.
11 Optional Tools
- FISH.ARMY Elite may provide you with access to third party tools over which FISH.ARMY Network neither monitors nor has any control or input.
- You acknowledge and agree that FISH.ARMY Elite provides access to such tools ‘as is’ without any warranties, representations or conditions of any kind and without any endorsement. FISH.ARMY Elite shall have no liability whatsoever arising from or relating to your use of optional third party tools.
- Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve the terms on which tools are provided by the relevant third party provider(s).
- FISH.ARMY Elite strongly recommends that instructors seek specialist advice before using or relying on certain tools. In particular, tax calculators should be used for reference only and not as a substitute for independent tax advice when assessing the correct tax rates instructors should charge end users.
We are not responsible for third party tools so use them at your own risk. If you use them you agree that we do not provide a warranty, so get advice beforehand.
12 DMCA Notice and Takedown Procedure
FISH.ARMY Elite supports the protection of intellectual property and asks FISH.ARMY Elite instructors to do the same. It’s our policy to respond to all notices of alleged copyright infringement. If someone believes that one of our instructors is infringing their intellectual property rights, they can send a DMCA Notice to FISH.ARMY Elite’s designated agent using our form. Upon receiving a DMCA Notice, we may remove or disable access to the material claimed to be a copyright infringement. Once provided with a notice of takedown, the instructor can reply with a counter notification using our form if they object to the complaint. The original complainant has 14 business days after we receive a counter notification to seek a court order restraining the instructor from engaging in the infringing activity, otherwise we restore the material.
FISH.ARMY Elite respects intellectual property rights and you should too. If we receive a DMCA Notice, we may disable access or remove the allegedly infringing content from your website. If you don’t think the claim is valid, you can proceed with a counter notification.
For everyone else this means,
If you believe one of our customers is infringing your intellectual property rights, you can send FISH.ARMY Elite a DMCA Notice. We will expeditiously disable access or remove the content and notify the customer. Be advised that we post all notices we receive.
FISH.ARMY Elite Terms of Service Agreement
Last edited 1/8/2018