Welcome to the Terms of Service for the Troutspotting mobile application and website. This is an agreement ("Agreement") between Troutspotting, Inc ("Troutspotting"), the owner and operator of Troutspotting.com (the "Site"), the Troutspotting software and Troutspotting mobile applications ("App" or "Service"), and you ("you" or "your" or "user(s)"), a user of the Site, App and Service.
Throughout this document, the words "Troutspotting," "us," "we," and "our," refer to our company, Troutspotting, Inc and our website, Troutspotting.com, the Troutspotting application ("App") or our Service, Troutspotting, as is appropriate in the context of the use of the words. Your ability to submit or transmit any information through our Site or Service will be referred to as "Content" throughout this Agreement.
Troutspotting assists fly fishers to locate fishable rivers and streams. Additionally, we offer a large database of points of interest (Fly Fishing shops, Stream Gages, etc.) for the purpose of assisting in planning fly fishing trips.
Our Service and App are intended to be used for planning purposes and are not to be relied upon for specific location accuracy services. Although we strive to provide the most accurate maps including location and point of interest information, we cannot guarantee the accuracy of all locations and points of interest. In some instances we may use third party data providers with data believed to be generally accurate although such data has not been specifically confirmed or verified. Our Service or App is not intended to replace safety measures and appropriate planning. By utilizing this Service or App you understand that it does not purport to present real time accurate data and information. Indeed, any alerts are merely presentations of data from our Service, and therefore may not reflect actual circumstances. Predicted distance, arrival times, routes, and points of interests are all estimates. We make no guarantees as to time of arrival, destinations, or locations found on our App or Service.
We reserve the right to alter, update, or remove our App from your system at any time, or request that you remove our App for any violation of the within agreement. We reserve the right to conduct modifications to our App for security, intellectual property or other legal reasons, as well as various other reasons at our discretion without notification. For example, we may provide updates to fix security flaws, or respond to legal demands. This will confirm that this is a non-binding section that neither obligates nor requires us to update the App.
We make this App available for download on our Site as well as third party stores dedicated to the promotion and sale of apps. When you download our App, you are given the right to download one copy of the App at the price listed, if applicable.
We grant you a non-commercial personal, non-exclusive, revocable, limited license to use our Site and download our App. You acknowledge that we maintain all right, title, and interest in our App. This agreement prohibits you from selling our App, sharing your license to use our App, reverse engineer or otherwise attempt to copy our App without our express written permission. Even if we offer our App for free, you agree to abide by these provisions, and agree not to copy or otherwise use our App in a manner prohibited by this section. When you purchase and download our App, you obtain no ownership rights. By downloading, you are buying (or, in the case of a free download, being given) a license to install and use the App within the confines of this Agreement.
Once you obtain and use our Service, you are solely responsible for the use of Troutspotting made using your device. By using our Service, you agree to personal non-commercial use of Troutspotting. You also agree not to access, copy, or otherwise use Troutspotting, including our intellectual property and trademarks, except as authorized by these Terms of Service or as otherwise authorized in writing by Troutspotting.
By using our Site, App, or Service you are agreeing to the following terms and conditions:
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Service may at our discretion be terminated or suspended. Troutspotting reserves the right to suspend or terminate any account at any time without notice or explanation although in general we will provide notification regarding an account suspension or termination.
We do not guarantee that the Apps or Site will always be available, work, or be accessible at any particular time via any app store or marketplace. Only users who are eligible to use our App may do so. We reserve the right to terminate access for anyone. We cannot guarantee that the App will work as advertised, or that it will give you the desired results.
Troutspotting is not responsible for your violation of any laws while using our Site and Service. Users must comply with all local, state, or federal laws regarding your use of our Site and Service. You agree to hold harmless Troutspotting and its affiliates from any and all liability, damage, cost or expense as a result of an unlawful use of our Service. Our App and Service is void where prohibited.
The design of the Troutspotting Service along with Troutspotting created text, templates, scripts, graphics, interactive features and the trademarks, service marks and logos contained therein ("Marks"), are owned by or licensed to Troutspotting, subject to copyright and other intellectual property rights under United States and foreign laws and international conventions. Troutspotting reserves all rights not expressly granted in and to the Service and the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Service unless we have given express written permission. Map design and imagery subject to the MapBox Terms of Service
The Troutspotting App may either be downloaded, for free or for a fee, through a third party applications marketplace. Any refunds must be processed through the third party applications marketplace. Troutspotting is not responsible for the exchange of funds that does not flow through the Site or App directly.
OUR SITE OR SERVICE ARE OFFERED "AS-IS", INCLUDING ANY ERRORS, BUGS OR OTHER TECHNICAL ISSUES. YOU AGREE THAT WHILE USING OUR APP OR SERVICE, YOUR RESULTS MAY VARY AND YOU MAY NOT ACHIEVE ANY DESIRED RESULTS. WE EXPRESSLY DISCLAIM ALL WARRANTIES EITHER EXPRESS OR IMPLIED. OUR SITE, APP, OR SERVICE MAY NOT BE FIT FOR A PARTICULAR PURPOSE AND MAY NOT WORK OR BE APPLICABLE WHERE YOU RESIDE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AS TO THE REASONABLE SKILL AND CARE INVESTED IN OUR SERVICE, SATISFACTORY QUALITY OF OUR SERVICE, MERCHANTABILITY OF OUR SERVICE OR THAT OUR SERVICE IS NON-INFRINGING. FURTHERMORE, WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR SERVICE WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, THAT THE SITE OR SERVICE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION, THAT ANY DEFECTS OR ERRORS IN THE SITE OR SERVICE WILL BE CORRECTED, OR THAT THE SITE OR SERVICE IS COMPATIBLE WITH ANY PARTICULAR PLATFORM. Troutspotting IS NOT OBLIGATED TO PROVIDE YOU ACCESS TO OUR SITE AND SERVICE. IN THE EVENT OF ANY PROBLEM WITH THE SITE OR SERVICE, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE SITE OR SERVICE. IN THE EVENT OF ANY PROBLEM WITH ANY PRODUCTS PURCHASED THROUGH OUR SITE AND SERVICE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS THROUGH THIS AGREEMENT.
IN NO EVENT SHALL Troutspotting, Inc, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM (I) YOUR USE OR INABILITY TO USE THE SOFTWARE, APP, WEBSITE OR OUR SERVICES ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SITE OR SERVICE, (III) ANY INTERRUPTION,MISINFORMATION, INCOMPLETE INFORMATION, OR CESSATION OF TRANSMISSION TO OR FROM OUR SOFTWARE TO YOU, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SITE BY ANY THIRD PARTY, (V) ANY FAILURE OF ANY THIRD PARTY INFORMATION LISTED ON OUR SITE AND SERVICE, INCLUDING ANY FAILURES OR DISRUPTIONS WHETHER INTENTIONAL OR UNINTENTIONAL OR (VI) ANY ERRORS OR OMISSIONS IN OUR SITE OR SERVICE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF OUR SITE OR SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of these Terms, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
IF YOU ARE A RESIDENT OF A JURISDICTION THAT REQUIRES A SPECIFIC STATEMENT REGARDING RELEASE THEN THE FOLLOWING APPLIES. FOR EXAMPLE, CALIFORNIA RESIDENTS MUST, AS A CONDITION OF THIS AGREEMENT, WAIVE THE APPLICABILITY OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU HEREBY WAIVE THIS SECTION OF THE CALIFORNIA CIVIL CODE. YOU HEREBY WAIVE ANY SIMILAR PROVISION IN LAW, REGULATION, OR CODE THAT HAS THE SAME INTENT OR EFFECT AS THE AFOREMENTIONED RELEASE. YOUR ABILITY TO USE OUR SOFTWARE IS CONTINGENT ON YOUR AGREEMENT WITH THIS AND ALL OTHER SECTIONS OF THIS AGREEMENT. YOU AGREE OUR TOTAL LIABILITY TO YOU IS NOT MORE THAN $100 U.S. DOLLARS OR THE TOTAL AMOUNT YOU SPENT WHILE USING OUR SITE, APP, AND SERVICE WITHIN THE LAST SIX MONTHS, WHICHEVER IS GREATER.
You agree to defend, indemnify and hold harmless Troutspotting, Inc its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from:
This defense and indemnification obligation will survive this Agreement and your use of the Troutspotting Service. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
By installing or downloading our App, you promise that you are not located in, under the control of, or a resident or national of any country (or a person, or under the control of any person or entity) on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. In addition, you promise that you are not located in a country that is subject to a United States’ government embargo, or that has been designated by the United States’ government as a "terrorist supporting" country and that you are not listed on any United States’ government list of prohibited or restricted parties.
Troutspotting and its Services may only be used by persons 13 years and older. If you are under 13 please stop using our Site and App and please do not submit any information to us.
This Agreement shall be governed by the laws in force in the state of New York. The offer and acceptance of this contract is deemed to have occurred in the state of New York.
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in or nearest to New York, New York. If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so. You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Troutspotting shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
We may terminate or suspend service, your account, or the App without notice, though we will strive to provide a timely explanation in most cases. If you wish to terminate this Agreement, you are solely responsible for following proper termination procedures. Simply delete or destroy the copy of the App that you have downloaded. Cancellation may result in the immediate deletion of any Content that you have submitted to Troutspotting. Although, your Content may not be accessible we may keep such Content for a reasonably commercial time for legal and internal purposes. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our website and our Service.
The communications between you and Troutspotting use electronic means, whether you visit the App, Site, or Service or send Troutspotting e-mails, or whether Troutspotting posts notices on the App, Site, or Service or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Troutspotting in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Troutspotting provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Troutspotting must be addressed to our agent for notice and sent via certified mail to: Agent of Troutspotting, PO Box 23791 Brooklyn NY 11202. Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.