Terms and Conditions

Last updated: November 21, 2024

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to CTR Holdings LLC, dba FishScout-USA, 18281 FM150 W #1001, Driftwood, TX 78619, United States.
Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Free Trial refers to a limited period of time that may be free when purchasing a Subscription.
Goods refer to the items offered for sale on the Service.
Reports means any downloadable PDF, data output, screenshot, or other proprietary content generated by, or available through, the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Subscriptions refer to the services or access to the Service offered on a subscription basis by the Company to You.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to FishingScoutUSA Digital, accessible from fishscoutusa.com
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgement

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

Intellectual Property; Prohibited Uses of Reports

Ownership

All Angler Scouting Reports, data, analyses, screenshots, and any other content (collectively, “Reports”) downloadable or viewable via the Service are the sole and exclusive intellectual property of the Company. You are granted a limited, non-exclusive, non-transferable license to access and use Reports for your personal, non-commercial use only.

Prohibited Uses

You may not, under any circumstances:

a. Resell, sublicense, redistribute, publish, or otherwise make Reports (or any portion thereof) available to any third party for financial gain or any other purpose.

b. Incorporate Reports into other products, services, websites, newsletters, or training materials for your own business or commercial ventures.

c. Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Reports.

Enforcement and Remedies

a. Any use of Reports in violation of these Terms will be deemed an infringement of the Company’s intellectual property rights.
b. Upon discovery of any unauthorized use, the Company may, at its sole discretion:

-Immediately terminate your Subscription and access to the Service, with no refund of any fees paid.

-Seek injunctive relief, statutory damages, and any other remedies available under applicable law, including but not limited to recovery of attorneys’ fees.Permanently bar you from creating new accounts or accessing the Service in the future.

Reporting Infringement

If you believe someone is using your personal Reports in violation of these Terms, please notify us immediately here with sufficient detail for us to investigate and take action.

Digital Millennium Copyright Act Style Takedown Procedure

Although our Reports are not user-generated, we respect intellectual property rights and have adopted the following process to address alleged infringements:

Notice of Infringement.

If You believe in good faith that any content on the Service infringes Your copyright or other proprietary right, please send a written notice containing:

-A physical or electronic signature of the rights owner (or authorized representative);

-Identification and URL(s) of the allegedly infringing material;

-A description of Your copyrighted work or proprietary content;

-Your name, address, telephone number, and email address;

-A statement that You have a good-faith belief that use of the material is not authorized by the rights owner; and

-A statement, under penalty of perjury, that the information in the notice is accurate and that You are the rights owner or authorized to act on the owner’s behalf.

Send To:

FishScout-USA DMCA Agent

Address: 18281 FM 150 W #1001, Driftwood, TX 78619

Company Response.

Upon receipt of a proper notice, the Company will expeditiously remove or disable access to the allegedly infringing material and notify the purported infringer. If the alleged infringer submits a counter-notification under applicable law, the Company may restore the material unless the rights owner files a court action.

Subscriptions

Subscription Period

The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis (such as daily, weekly, monthly or annually), depending on the type of Subscription plan you select when purchasing the Subscription.

At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.

Subscription Cancellations

You may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current Subscription period.

Billing

You shall provide the Company with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information.

Should automatic billing fail to occur for any reason, the Company will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.

Fee Changes

The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current Subscription period.

The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.

Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.

Refunds

You have the right to cancel this Agreement (your subscription) within 14 days without giving any reason and be eligible for a full refund of your initial subscription payment. The cancellation period will expire after 14 days from the day after completion of the Transaction. Cancellations after this 14 day period are not eligible for a refund. Once the 14 day period expires, you may cancel Your Subscription renewal either through Your Account settings page or by contacting the Company. However, you will not receive a refund for fees You already paid. Upon cancellation of your subscription after the 14 day period, You will be able to access the Service until the end of Your current Subscription period.

Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted at the sole discretion of the Company.

To cancel your subscription within the 14 day period , you must inform The Company of your decision. To ensure immediate processing, please do so by contacting us here and providing your email address associated with your account and clearly stating your intent to cancel your subscription within the 14 day period.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

-No Warranty. The Company provides Reports and the Service “AS IS” and “AS AVAILABLE,” without any warranty of any kind, express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.

-Liability Cap. In no event shall the Company’s total liability to You for any and all claims arising under these Terms or from the Reports exceed the total Subscription fees You have actually paid to the Company in the six (6) months immediately preceding the claim.

-Exclusion of Damages. The Company shall not be liable for any indirect, incidental, special, punitive or consequential damages (including loss of profits, data, goodwill or business interruption), even if advised of the possibility of such damages.

Content

Your Right to Post Content

Our Service allows You to post Content. You are responsible for the Content that You post to the Service, including its legality, reliability, and appropriateness.

By posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You submit, post or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms.

Indemnification

You agree to indemnify, defend, and hold harmless CTR Holdings LLC, dba FishScout-USA (the “Company”), its parents, subsidiaries, affiliates, officers, directors, employees, agents, licensors and licensees (collectively, “Indemnitees”) from and against any and all losses, liabilities, claims, demands, damages, costs and expenses (including reasonable attorneys’ fees and court costs) arising out of or relating to:

-Your use or misuse of any Angler Scouting Reports or other content provided by the Service;

-Any breach by You of these Terms;

-Any allegation that Your conduct infringes or misappropriates the intellectual property or other rights of any third party; or

-Your violation of any law or the rights of another.

The Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You agree to cooperate with the Company’s defense of such claim.

Termination

We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.

Governing Law & Venue

These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of law principles. You and the Company agree that any dispute arising out of or relating to these Terms or the Service shall be exclusively brought in the state or federal courts located in Hays County, Texas, and each party hereby consent to personal jurisdiction and venue there.