Terms of Use
Acceptance of Terms By Using Website
HireAFishingGuide.com and each webpage herein is owned and operated by Half Fin, LLC, a Wisconsin limited liability company doing business as HireAFishingGuide.com (collectively, the "Company," "we," or "us"). By using any part of the HireAFishingGuide.com website (the "Website") or any webpage herein ("Webpage") you agree to acceptance of these Terms of Use (this "Agreement"). As a part of your acceptance of this Agreement, you promise to submit only accurate and complete user information to the Company. If you do not wish to be bound by this Agreement or do not agree with any part of it, do not access or use the Website or the Company's services in any way.
The Company may amend, add to, or delete any part of this Agreement or the Website at any time and without notice. It is your responsibility to review this Agreement, which can be found at www.hireafishingguide.com/pages/popup/Terms-of-Use.php. By viewing or using this Website after we post changes to this Agreement, you agree to accept those changes, whether or not you have reviewed them.
Fishermen using the Website to find a fishing guide, any user accessing the Angler Webpage or any other part of this Website, and clients of Guides are referred to collectively as “Anglers.” Fishing guides, fishing charters, outfitters, and persons or entities using the Guide/ Charter Webpage or any other part of this Website are referred to collectively as “Guides.”
Disclaimer
As owners of this Website, the Company grants you a personal, limited, non-transferable, and non-exclusive license to use the Website and to use the information and services provided herein. The Company reserves the right to revoke your right to use the Website or any Webpage at any time and for any reason without notice. The Company also reserves the right to revise the content and services described on this Website and to terminate, change, suspend, or discontinue any aspect of the Website, including but not limited to features and/or hours of availability of the Website, and the Company shall not be liable to you or to any third party for doing so.
Your use of any information on the Website is at your own risk. The Company does not make any warranties or representations regarding the quality, accuracy, appropriateness, completeness, or timeliness of any information on or provided through the Website. HireAFishingGuide.com shall have no liability for any damages, injury, lost profit, or loss to any user, direct or indirect, of the information obtained from the Website.
If you believe any information on the Website to be inaccurate, incomplete, or misleading please email info@HireAFishingGuide.com with specific details of the inaccurate, incomplete, or misleading information and, if possible, please provide the correct, verifiable information. HireAFishingGuide.com will make every effort to review, verify and correct the information in a reasonable amount of time.
Links to websites outside of the Website ("Outside Websites") may be provided to you as a part of services provided by the Company. The Company is not responsible for the content, makes no review for appropriateness, does not guarantee the validity of information, and does not have the ability to make updates to Outside Websites and makes no warranties or representations as to the quality, accuracy, appropriateness, completeness, or timeliness of any information on or provided through Outside Websites. Links provided to you are given only as a convenience and in no way should be considered an endorsement of Outside Websites, nor the content on Outside Websites the or services offered therein.
Anglers
By using this Website and/or the services provided herein, you agree that it is your responsibility to select and hire a Guide. In your use of the Website or services offered herein, you acknowledge that the Company is not acting as a fishing guide, charter, or outfitter, and is not an agent of any fishing guide, charter, or outfitter, and that the Company does not endorse, employ, represent, authorize, or insure any guides, charters, or outfitters, nor does it make any warranties or representations as to the fishing results to be obtained with any Guide located, hired, or referred through this Website.
Anglers are responsible for agreeing upon their Guides' fees, deposits, cancelation, and rain policies directly with the Guides themselves. Anglers are solely responsible for the payment of all fees, deposits, surcharges, and gratuity directly to their Guides, and the Company shall in no way be responsible for any payments of any kind to Guides.
Guides using our Website and services are required to have current and sufficient liability insurance and all required licenses. However, insurance and licenses can expire, be cancelled, or revoked without our knowledge. The Company cannot and does not guarantee the existence of these items at any time and does not perform background checks in any way. Anglers should always check background, qualifications, licensing, and insurance information for themselves when hiring and using a Guide. By using this Website and/or the services provided herein, you acknowledge that the Company makes no warranties or representations as to the background, licensing, insurance, or qualifications of any Guide or as to our ability to match you with a Guide that can meet all of your requirements, or that there are any Guides in your desired fishing area. Guides that meet some requirements may be provided as a match for you as a potential guide ("Match"). In some cases no Guide may be provided as a Match. No Angler is under any obligation to hire any Guide and may cancel a request for a Guide at any time.
Guides
In registering as a Guide and using the Website, you acknowledge that the services provided by the Company through the Website are "fee for lead" services, that the purchase of a "Lead" (information on a potential Angler who may be interested in hiring a Guide) is only the purchase of a prospective Angler’s contact information and nothing more, and that the Company makes no warrantees or representations as to whether the Angler will ultimately book a trip with the Guide. The Company does not verify the information provided by Anglers or an Angler’s ability to pay for a Guide’s service. Each Guide shall be responsible for contacting all Leads independently to negotiate all details of booking a fishing trip with the Guide, including but not limited to dates, fees, equipment, and specific services to be provided. If, after a reasonable amount of time, defined as a minimum of 10 calendar days after the Company provides a Lead to a Guide, a purchased Lead does not result in a booked trip, the Company will credit the Guide's user account on the Website. This credit is not a refund, but a credit to the Guide's account that can be used to purchase future Leads. The Company does not offer refunds for purchased Leads that do not result in a booking.
HireAFishingGuide.com does not guarantee that you will be matched with Anglers or provided with Leads, nor do we guarantee that you will be able to purchase a Lead when you receive a Lead notification email or text. Leads are sold to Guides on a "first come first serve" basis and each Lead is only sold to one Guide.
The Company offers two forms of lead notification: email and text message. Our text messaging notification service is available to Guides using the following carriers; Verizon WirelessTM, AT&TTM, Sprint NextelTM, T-Mobile®, TracFone Wireless®, U.S. Cellular®, MetroPCSTM, Virgin Mobile®, and Quest Wireless®. We do not charge for this service but you will be responsible for any charges that may be applied by your carrier. We cannot and do not guarantee text message or email delivery, as text message coverage is dependent on your mobile carrier and device and email is subject to many factors including but not limited to your internet service provider and internet connection.
As a Guide using the Website and/or the services offered herein, you agree to abide by all local, state, and federal laws and regulations. This includes, but is not limited to, holding all applicable licenses and certifications. Although it is not required, the Company recommends that all Guides hold a current CPR certification and take regular CPR training. By using this Website and/or the services offered herein, and as a condition of use of this Website and our services, you represent and warrant that you hold current and sufficient liability insurance for the goods and services you provide, and agree that you will provide evidence thereof to Anglers upon request.
Information Provided By You To HireaFishingGuide.com
In order to use the HireAFishingGuide.com Website and the services provided herein, it is necessary for you to provide accurate and complete information about yourself. By using this Website, you agree to only provide accurate information and not misrepresent yourself or your entity in any way, and you represent and warrant that you are 18 years old or older and able to enter a binding agreement.
By submitting voluntary information ("Voluntary Information") such as testimonials, Guide reviews, and photographs you give the Company license to use the information in any way without notification and on any Website. Use may include, but is not limited to, use on this Website and Outside Websites, in advertisements, promotional materials, emails, and newsletters. By providing the Voluntary Information you represent that you control the rights to the Voluntary Information and have the authority to provide it.
The Company is committed to your privacy and the security or our users. Please review our Privacy Policy at: www.hireafishingguide.com/pages/popup/Privacy-Policy.php.
Disputes
All disputes between Anglers and Guides, or between any third party and an Angler or Guide, must be addressed directly between the disputing parties, and by using this Website and the services provided herein, you agree that the Company is not responsible for any agreements between Anglers and Guides, nor are we responsible for the enforcement of any such agreements, or disputes related to such agreements. By using this Website and/or the services offered herein, you agree to hold the Company and its directors, members, officers, employees, agents and affiliates harmless for any and all damages or claims that result from any disputes, actions, suits, debts, sums of money, claims, demands, liability, costs and expenses, including reasonable attorneys' fees, in any way arising from, related to or in connection with your use of the Website and/or the services provided herein, your violation of this Agreement, or the posting or transmission of any materials on or through this Website by you, including but not limited to any third party claim that any materials you provide infringes any third party proprietary right.
In no event shall the Company, its affiliates or any of its members, directors, officers, employees, agents, or service providers be liable to you for any direct, indirect, special, incidental, consequential, exemplary or punitive damages, losses, or causes of action arising from or in any way related to the use of, or the inability to use, or the performance of the Website or the content and materials or functionality on or accessed through the Website, including, without limitation, loss of revenue, anticipated profits, lost business, data or sales, or any other type of damage, tangible or intangible, even if the Company has been advised of the possibility of such damages. Some jurisdictions do not allow this limitation or exclusion of liability so some of the above limitations may not apply to you.
This Agreement is governed by the laws of the State of Wisconsin. In the event of a legal dispute under this Agreement, the choice of venue shall be any court of competent jurisdiction within Dane County in the State of Wisconsin.
General Terms
Although you may opt out of any optional contact (including but not limited to newsletters, Fishing Tips, and Hot Bites), you understand that by the use of the Website and/or the services offered herein you agree to be contacted by Guides and/or the Company's employees or agents. You may stop contacts from the Company by logging into your user account and selecting “Edit My Profile”, by emailing us at info@HireAFishingGuide.com, following the opt out instructions in an email sent by us, or calling HireAFishingGuide.com at 800-385-3966.
The Company is the owner of all information and content appearing on this Website, as well as any registered or unregistered trademark, trade name, service, text, photographs, design, and all other content provided by the Company or on the Website (collectively, the "Intellectual Property") unless otherwise indicated. The Intellectual Property is protected by trademark and copyright law and, by using this Website or the services provided herein, you agree to use the Intellectual Property only for personal use or, in the case of Guides, for the promotion of your guide, outfitter, or charter service. The Intellectual Property may be registered nationally or internationally and all rights therein are reserved to the Company. Except as otherwise provided on the Website or in this Agreement, you may not use, download, upload, print, publish, copy, display, reproduce, transmit, add to, modify, delete, license, post, or distribute any Intellectual Property for any public or commercial purpose, other than as specifically authorized in this Agreement, without the prior written consent of the Company. If you make unauthorized use of the Company's Intellectual Property, you may be subject to liability for such unauthorized use.
You agree that, should you provide any links to HireAFishingGuide.com from Outside Websites, such links will be made to the HireAFishingGuide.com Home Webpage, unless written permission is given by the Company to link to another Webpage. The link must be clearly marked as “HireAFishingGuide.com." You may not use either “HireAFishingGuide.com” or the HireAFishingGuide.com logo in connection with any other information, claim to be affiliated with, or give the appearance of affiliation with the Company or the Website in any way without the Company's express written permission. You may not alter the way the Website is displayed or display the Website or any part thereof within a frame of any Outside Website. If we request, you must remove any link or change the appearance of any link to meet our requirements. You may not affect the Website in any way so that it appears differently than if www.HireAFishingGuide.com is typed into a web browser's URL bar.
Updated: September 25, 2009