FISHPUNT LLC, HEREIN REFERRED TO AS “FISHPUNT MARKETING AND DESIGN”, “FISHPUNT DESIGN”, “FISHPUNT DESIGN STUDIOS” OR “FISHPUNT” HAS SET THE FOLLOWING TERMS IF YOU WISH TO USE ANY CONTENT, IMAGES OR MATERIAL OF OURS OR ENGAGE IN ANY PROMOTIONAL, MARKETING OR DESIGN SERVICES OR DEVELOPMENT SERVICES OR MAINTENANCE SERVICES WITH FISHPUNT.
FISHPUNT AND SUBSIDIARY AND AFFILIATED ENTITIES (COLLECTIVELY “FISHPUNT,” “WE,” “US,” OR “OUR”) SHALL PROVIDE PRODUCTS AND/OR SERVICES LISTED HEREIN. THE TERMS AND CONDITIONS SET FORTH HEREIN (THE “TERMS OF USE”) CONSTITUTE A LEGALLY BINDING AGREEMENT BETWEEN FISHPUNT AND YOU REGARDING THE TERMS ON WHICH FISHPUNT OFFERS YOU PRODUCTS, SERVICES OR ADVERTISING. THIS AGREEMENT ALSO COVERS ANY PROMOTIONAL EVENTS, GIVE-A-WAYS, GAMES AND PRIZES, AND THE RULES OF SUCH.
YOUR CHOICE TO ENGAGE IN BUSINESS WITH FISHPUNT IS GOVERNED BY THESE TERMS OF USE. PLEASE TAKE A FEW MINUTES TO REVIEW THE TERMS OF USE. BY ACCESSING AND USING THIS WEB SITE OR BY MAKING A PAYMENT TO FISHPUNT, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS AND REGULATIONS GOVERNING THE WEB SITE. IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEB SITE FOR ANY PURPOSE OR CONDUCT ANY BUSINESS WITH FISHPUNT.
MINORS. IF YOU ARE NOT OF AN AGE OLD ENOUGH TO ENTER INTO CONTRACTS IN YOUR STATE (I.E., A “MINOR”), YOU NEED TO REVIEW THESE TERMS AND CONDITIONS WITH YOUR PARENT OR GUARDIAN BEFORE USING THIS WEB SITE; IF YOUR PARENT OR GUARDIAN DOES NOT AGREE WITH ANY OF THESE TERMS OF USE AS APPLIED TO YOU, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE THIS WEB SITE FOR ANY PURPOSE.
THESE TERMS OF USE MAY CHANGE WITHOUT PRIOR NOTICE
FISHPUNT RESERVES THE RIGHT TO MODIFY THESE TERMS OF USE AT ANY TIME WITHOUT GIVING YOU PRIOR NOTICE. YOUR USE OF THE WEB SITE AND/OR YOUR SIGNATURE ON ANY WORK ORDER OR SERVICE AGREEMENT WITH FISHPUNT FOLLOWING ANY SUCH MODIFICATION CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE TERMS OF USE AS MODIFIED. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS OF USE WHENEVER YOU USE THIS WEB SITE. THE LAST DATE THESE TERMS OF USE WERE REVISED IS SET FORTH ABOVE.
NOTICES OF RESTRICTIONS ON YOUR USE
THE WEB SITE AND ALL DATA AND INFORMATION AND/OR CONTENT THAT YOU SEE, HEAR OR OTHERWISE EXPERIENCE ON OR THROUGH OUR WEB SITE (THE “CONTENT”) BELONGS TO FISHPUNT, ITS PARTNERS, AFFILIATES, CONTRIBUTORS OR THIRD PARTIES AND MAY BE PROTECTED BY U.S. AND INTERNATIONAL COPYRIGHT, TRADEMARK, INTELLECTUAL PROPERTY AND OTHER LAWS, AND BELONG TO FISHPUNT, ITS PARTNERS, AFFILIATES, CONTRIBUTORS OR THIRD PARTIES. THIRD PARTY CONTENT IS INTENDED TO BE USED ON THIS WEB SITE IN A LEGALLY-PERMISSIBLE MANNER; YOU MAY NEED THIRD PARTY LICENSES OR PERMISSIONS TO USE SUCH CONTENT FOR OTHER USES.
RESTRICTIONS ON USE
YOU MAY USE THE WEB SITE AND THE CONTENT, YOU MAY DOWNLOAD, PRINT AND STORE SELECTED PORTIONS
1- DO NOT MODIFY OR ALTER THE CONTENT (INCLUDING SOURCE CODES) IN ANY WAY, OR DELETE OR CHANGE ANY COPYRIGHT, TRADEMARK OR OTHER LEGAL NOTICE;
2- DO NOT USE, DISTRIBUTE, POST, COPY, POST, SELL, TRADE, OR HOLD ANY SOURCE CODE OF FISHPUNT;
6- USAGE OF FISHPUNT CONTENT DOES NOT CONSTITUTE A TRANSFER OF OWNERSHIP UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT, NOR A LICENSE UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT, NOR MAY YOU USE ANY CONTENT THAT WOULD INDICATE YOUR OWNERSHIP UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT. NO RIGHT, TITLE OR INTEREST IN ANY COPIED OR DOWNLOADED CONTENT IS TRANSFERRED TO YOU AS A RESULT OF ANY SUCH COPYING OR DOWNLOADING, OR AS A RESULT OF YOUR ACCESS TO OR USE OF ANY PART OF THE WEBSITE UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT. FISHPUNT RESERVES COMPLETE TITLE AND FULL INTELLECTUAL PROPERTY RIGHTS IN ANY CONTENT YOU COPY OR DOWNLOAD FROM THIS WEB SITE UNLESS OTHERWISE STATED IN A WRITTEN AGREEMENT.
7- YOU AGREE TO HOLD HARMLESS AND TO DEFEND FISHPUNT AND ITS AFFILIATES, PARTNERS, PROVIDERS, EMPLOYEES, OFFICERS AND AGENTS FROM ANY LIABILITY YOU INCUR AS A RESULT OF USING THE FISHPUNT WEBSITE, OR USING ANY CONTENT FROM THE FISHPUNT WEBSITE ELSEWHERE; EITHER BECAUSE OF ERRORS IN ACCURACY, VIRUSES, MALWARE, TROJAN HORSES, OR ANY OTHER DEFECTS, INFECTIONS OR INCORRECT STATEMENTS BY FISHPUNT OR ANY OF ITS AFFILIATES, PARTNERS, PROVIDERS, EMPLOYEES, AGENTS AND CONTRACTORS.
YOU AGREE NOT TO ALTER, MODIFY, REFORMAT, COPY, DOWNLOAD, REPRODUCE, DUPLICATE, DISPLAY, DISTRIBUTE, REPOST, TRANSMIT, PUBLISH, LICENSE, SELL, RENT, TRANSFER, OR CREATE DERIVATIVE WORKS FROM ANY CONTENT OBTAINED FROM THE WEB SITE, EXCEPT AS EXPRESSLY PERMITTED BY THESE TERMS OF USE. MOREOVER, YOU MAY NOT USE ANY OF THE MARKS APPEARING THROUGHOUT THIS WEB SITE WITHOUT EXPRESS WRITTEN CONSENT FROM THE TRADEMARK OWNER.
DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR ACCESS TO AND USE OF THE WEB SITE, INCLUDING, WITHOUT LIMITATION, ALL SERVICES, CONTENT, FUNCTIONS AND MATERIALS THEREON. FISHPUNT MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEB SITE. FISHPUNT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT, WITH REGARD TO THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). FISNPUNT SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY USE OF THE WEB SITE OR ANY INFORMATION OR CONTENT CONTAINED THEREIN (INCLUDING THIRD PARTY INFORMATION). IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL INFORMATION OR CONTENT PROVIDED BY THE WEB SITE. FISHPUNT DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEB SITE WILL BE CORRECTED. FISHPUNT DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION OR CONTENT PROVIDED BY THE WEB SITE, OR THAT ANY ERRORS IN THE INFORMATION OR CONTENT WILL BE CORRECTED. THE WEB SITE, AND THE INFORMATION OR CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. FISHPUNT EXPRESSLY DISCLAIMS ALL LIABILITY OF ANY DAMAGE TO YOUR ELECTRONIC EQUIPMENT INCLUDING, BUT NOT LIMITED TO; COMPUTERS, DESKTOPS, LAPTOPS AND OTHER, SMARTPHONES, MOBILE PHONES, TABLETS, NETWORKS, SERVERS, AND OTHER INFORMATION SYSTEMS RELATED EQUIPMENT OR INFRASTRUCTURE THAT YOU MAY EXPERIENCE, ACQUIRE, OBTAIN, DOWNLOAD OR RECEIVE IN CONNECTION TO YOUR USE OF THE FISHPUNT WEBSITE. FISHPUNT CAN NOT GUARANTEE FUNCTIONALITY, SAFETY OR ACCURACY OF THE WEBSITE OR ANY OF ITS CONTENT, AND YOU ARE URGED TO USE YOUR OWN PRECAUTIONS SUCH AS ANTI-VIRUS SOFTWARE, MALWARE PROTECTION SOFTWARE, TORJAN HORSE PROTECTION SOFTWARE, AND YOU ASSUME ALL LIABILITY FROM USING SUCH SOFTWARE OR FROM USING THE FISHPUNT WEBSITE.
SPECIFIC DISCLAIMER FOR DOWNLOADING OF FILES
FISHPUNT CANNOT AND DOES NOT GUARANTEE OR WARRANT THAT FILES AVAILABLE FOR DOWNLOADING THROUGH THE WEB SITE WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEB SITE, THE ACCURACY OF ANY INFORMATION OR CONTENT PROVIDED THROUGH THE WEB SITE, OR QUALITY OF ANY FILE USED IN CONJUNCTION WITH THE WEB SITE IS SOLELY AND EXCLUSIVELY WITH YOU, THE USER.
SPECIFIC DISCLAIMER FOR INTERNATIONAL USE
FISHPUNT MAKES NO REPRESENTATION THAT INFORMATION CONTENT PROVIDED ON THE WEB SITE IS APPLICABLE OR APPROPRIATE FOR USE IN LOCATIONS OUTSIDE THE UNITED STATES. PORTIONS OR VERSIONS OF THE WEB SITE THAT HAVE BEEN TRANSLATED INTO ANY LANGUAGE OTHER THAN ENGLISH ARE PROVIDED FOR THE CONVENIENCE OF THE USER ONLY. FISHPUNT MAKES NO REPRESENTATION OR WARRANTY THAT THE TRANSLATIONS ARE COMPLETE AND ACCURATE AND FISHPUNT, BY PROVIDING SOME CONTENT IN A LANGUAGE OTHER THAN ENGLISH, UNDERTAKES NO OBLIGATION TO PROVIDE TRANSLATIONS OF ALL OR ANY PORTION OF THE WEB SITE IN ANY LANGUAGE EXCEPT AS DETERMINED BY FISHPUNT. YOU AGREE TO COMPLY WITH ALL APPLICABLE LAWS AND LOCAL RULES REGARDING THE TRANSMISSION OF TECHNICAL DATA, ACCEPTABLE CONTENTS AND ONLINE CONDUCT.
LIMITATION OF LIABILITY
IF YOU ARE DISSATISFIED WITH THE WEB SITE OR ANY CONTENT ON THE WEB SITE, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEB SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEB SITE, THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. YOU UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL FISHPUNT, ITS AFFILIATES, PARTNERS, PROVIDERS OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS, BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO:
1- ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF DATA, PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE WEB SITE, OR THE INFORMATION OR CONTENT PROVIDED THEREIN;
2- ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEB SITE, AND/OR INFORMATION OR CONTENT CONTAINED THEREIN OR DOWNLOADED THROUGH THE WEB SITE;
3- UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
4- STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR
5- ANY OTHER MATTER RELATING TO THE WEB SITE, EVEN IF FISHPUNT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, FISHPUNT’S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FISHPUNT, ITS AFFILIATES OR ITS AND THEIR DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS, TO ANY USER OR OTHER INDIVIDUAL FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT OR TORT, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR OTHERWISE) ARISING FROM THESE TERMS OF USE OR YOUR USE OF THE WEBSITE EXCEED, IN THE AGGREGATE, THE GREATER OF (I) THE AMOUNT, IF ANY, PAID BY YOU TO FISHPUNT FOR YOUR USE OF THE WEBSITE , OR (II) $100. ALL USERS UNDERSTAND AND AGREE THAT (I) THE MUTUAL AGREEMENTS MADE IN THIS SECTION 5 REFLECT A REASONABLE ALLOCATION OF RISK, AND (II) THE PARTIES HERETO WOULD NOT HAVE ENTERED INTO THESE TERMS OF USE WITHOUT THESE LIMITATIONS ON LIABILITY.
ADDITIONAL LIMITATIONS OF LIABILITY FOR WEBSITE, MARKETING OR DESIGN SERVICES
IF YOU ARE DISSATISFIED WITH A WEBSITE(S) OR MARKETING OR DESIGN SERVICES THAT FISHPUNT HAS CREATED AND/OR DELIVERED TO YOU FOR WHICH YOU HAVE MADE FULL PAYMENT; YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE LISTED HEREIN.
1- IF YOU ARE NOT SATISFIED WITH A WEBSITE THAT FISHPUNT HAS CREATED AND/OR DELIVERED TO YOU, YOU MAY DO THE FOLLOWING IN THE ORDER WHICH IT IS LISTED; YOU MAY REQUEST THAT FISHPUNT MAKE THE NECESSARY CHANGES AN/OR MODIFICATIONS TO THE WEBSITE TO MEET YOUR SATISFACTION, PROVIDED YOUR REQUESTS DO NOT EXCEED THE SCOPE OR TERMS OF THE ORIGINAL SALES AND/OR WORK AGREEMENT, AND THAT YOU HAVE MADE FULL PAYMENT FOR THE WEBSITE. IF, AFTER YOU HAVE MADE FULL PAYMENT AND MADE AN ADDITIONAL REQUEST FOR THE WEBSITE TO BE CHANGED OR MODIFIED, WITHIN 30 DAYS, AND THE WEBSITE STILL DOES NOT MEET YOUR SATISFACTION, YOU MAY REQUEST THAT FISHPUNT REDESIGN YOUR WEBSITE AT YOUR EXPENSE AT THE PREVAILING PRICING SCHEDULE IN EFFECT WHEN YOU SIGNED YOUR ORIGINAL SALES AND/OR WORK AGREEMENT. AFTER 30 DAYS, BOTH PARTIES AGREE THE WEBSITE SHALL BE CONSIDERED DELIVERED IN FULL WORKING ORDER AND FISHPUNT SHALL HAVE NO RESPONSIBILITY OR LIABILITY TO YOU FOR THE WEBSITE, UNLESS OTHER SPECIFIED IN A SALES OR WORK AGREEMENT.
EXCEPTIONS; THE EXCEPTIONS TO THE ABOVE PARAGRAPH SHALL BE LIMITED TO; IF THE WEBSITE HAS A TECHNICAL ERROR AS A RESULT OF FISHPUNT’S DESIGN, CODING, OR OTHER DEVELOPMENT WITHIN FISHPUNT’S CONTROL. IF SO, FISHPUNT SHALL CORRECT THESE ERRORS AT NO-COST TO YOU, THEREAFTER, ANY ERRORS IN THE WEBSITE’S PERFORMANCE SHALL BE YOUR LIABILITY AND COSTS. NO REFUND SHALL BE GIVEN EXCEPT IN CASES OF GROSS NEGLIGENCE OR AT FISHPUNT’S SOLE AND ARBITRARY DISCRETION.
ERRORS AND OMISSIONS THAT ARE FOUND ON THE WEBSITE THAT INACCURATELY OR INCORRECTLY DESCRIBE YOU, YOUR BUSINESS, PRODUCTS, SERVICES, OFFERINGS, SPECIALS, GOALS, OR OTHER SIMILAR ACTIVITIES SHALL BE CORRECTED BY FISHPUNT AT FISHPUNT’S EXPENSE, PROVIDED FISHPUNT WAS IN ERROR, IF YOU REQUEST A CHANGE DUE AN ERROR ON YOUR PART, YOU SHALL BE LIABLE TO FISHPUNT FOR THE COST TO MAKE SUCH CORRECTIONS AS PROVIDED IN THE SCHEDULE OF FEES. IN NO CASE SHALL FISHPUNT BE LIABLE TO YOU FOR THE ERROR OR ANY LOST REVENUE TO YOU AS A RESULT OF THE ERROR. YOU AGREE TO REVIEW ALL DELIVERED CONTENT IN A TIMELY MANNER AND NOTIFY FISHPUNT IMMEDIATELY OF ANY ERRORS.
2- IF YOU ARE NOT SATISFIED WITH THE MARKETING SERVICES PROVIDED TO YOU BY FISHPUNT, YOU MAY DO THE FOLLOWING IN THE ORDER WHICH IT IS LISTED; YOU MAY REQUEST FISHPUNT MAKE CHANGED OR MODIFICATIONS TO THE MARKETING FOR WHICH YOU AGREED TO AND AT YOUR EXPENSE. IF YOU ARE STILL NOT SATISFIED WITH THE MARKETING SERVICES PROVIDED TO YOU BY FISHPUNT, YOU MAY TERMINATE THE MARKETING AGREEMENT WITH A 60 ADVANCE NOTICE PROVIDED YOU DELIVER A WRITTEN NOTICE TO TERMINATE TO FISHPUNT BY CERTIFIED MAIL. IN THE EVENT THAT YOU CHOSE TERMINATE YOUR AGREEMENT FOR MARKETING WITH FISHPUNT, IT SHALL BE UNDERSTOOD THAT YOUR TERMINATION SHALL ONLY BE FOR MARKETING SERVICES, AND SHALL NOT INCLUDE ANY OTHER SERVICES PROVIDED BY FISHPUNT. ADDITIONALLY, YOU ARE RESPONSIBLE FOR ANY MONTHLY FEES OR CHARGES THAT ARE INCURRED DURING THE 60 DAYS. IN NO CASE SHALL A REFUND BE GIVEN AFTER 5 DAYS OF THE ORIGINAL SALES OR WORK AGREEMENT.
ERRORS AND OMISSIONS THAT ARE FOUND WITHIN ANY MARKETING MATERIALS OR MEDIA THAT HAS BEEN RELEASED TO THE PUBLIC THAT INACCURATELY OR INCORRECTLY DESCRIBE YOU, YOUR BUSINESS, PRODUCTS, SERVICES, OFFERINGS, SPECIALS, GOALS, OR OTHER SIMILAR ACTIVITIES SHALL BE CORRECTED BY FISHPUNT AT FISHPUNT’S EXPENSE, PROVIDED YOU HAVE MADE FULL PAYMENT AND PROVIDED THAT FISHPUNT WAS IN ERROR, IF YOU REQUEST A CHANGE DUE AN ERROR ON YOUR PART, YOU SHALL BE LIABLE TO FISHPUNT FOR THE COST TO MAKE SUCH CORRECTIONS AS PROVIDED IN THE SCHEDULE OF FEES. IN NO CASE SHALL FISHPUNT BE LIABLE TO YOU FOR THE ERROR OR ANY LOST REVENUE TO YOU AS A RESULT OF THE ERROR. YOU AGREE TO REVIEW ALL DELIVERED CONTENT IN A TIMELY MANNER AND NOTIFY FISHPUNT IMMEDIATELY OF ANY ERRORS.
3- IF YOU ARE NOT SATISFIED WITH THE DESIGN SERVICE(S) WHICH FISHPUNT HAS DEVELOPED AND DELIVERED TO YOU, YOU MAY MAKE REQUESTS TO CHANCE SUCH DESIGN(S). SUCH REQUESTS MAY HAVE A FEE AND YOU SHOULD CONSULT OUR SCHEDULE OF FEES LIST. ONCE YOU HAVE GIVEN FINAL APPROVAL OF ANY DESIGN(S), ALL SUCH ERRORS, AND CORRECTIONS THEREOF, OR CHANGES THAT YOU REQUEST SHALL BE DONE AT YOUR EXPENSE. ERRORS MADE BY FISHPUNT SHALL BE CORRECTED AT FISHPUNT’S EXPENSE, UNTIL SUCH TIME THAT YOU HAVE GIVEN FINAL APPROVAL.
4- IN NO CASE SHALL FISHPUNT PROVIDE YOU WITH A REFUND EXCEPT IN THE CASE OF GROSS NEGLIGENCE, OR WILLFUL MISCONDUCT ON THE PART OF FISHPUNT, ANY ANY REFUND IT MAY GIVE SHALL BE DONE AT ITS SOLE AND ARBITRARY DISCRETION AND SHALL NOT BE CONSTRUED AS AN AGREEMENT OR PRECEDENT.
LICENSING
IN NO CASE SHALL IT BE CONSTRUED THAT FISHPUNT HAS AGREED TO DELIVER ANY LICENSE(S) TO YOU OTHER THAN THE “RIGHT TO USE” SUCH PRODUCTS THAT FISHPUNT HAS CREATED OR DELIVERED TO YOU FOR YOUR PROFIT. YOU ARE HEREBY NOTICED THAT YOU ARE THE END USER AND THIS IS THE END USER LICENSE AGREEMENT. FISHPUNT GRANTS YOU THE “RIGHT TO USE” THE PRODUCT(S) IT HAS CREATED OR DELIVERED TO YOU, SOLELY FOR YOUR OWN PROFIT. IF YOU WISH TO HAVE OR OWN OTHER LICENSES, SUCH AS COPYRIGHT, TRADE MARK OR OWNERSHIP, YOU MUST PAY FOR THEM, THOSE COST CAN BE FOUND ON THE SCHEDULE OF FEES PAGE.
IN NO CASE SHALL YOU CREATE DERIVATIVE WORKS OF ANYTHING FISHPUNT HAS CREATED OR DELIVERED TO YOU WITHOUT; 1- ADVANCE WRITTEN PERMISSION FROM FISHPUNT, 2- THAT YOU PAY THE APPROPRIATE LICENSING FEE, OR OTHER FEE, AS LISTED IN THE SCHEDULE OF FEES, 3- THAT YOU ARE NOT IN BREECH OF THIS AGREEMENT, OR ANY PART OF THIS WHOLE AGREEMENT AND THAT YOU ARE NOT IN DEFAULT OF THIS AGREEMENT OR PAYMENTS TO FISHPUNT.
YOU DO NOT HAVE OWNERSHIP OR COPYRIGHT RIGHTS OF ANY WEBSITE(S), MARKETING CAMPAIGNS, DESIGN(S), OR OTHER INTELLECTUAL PROPERTY THAT WAS CREATED, MODIFIED OR DELIVER TO YOU BY FISHPUNT UNLESS IT HAS BEEN AGREED TO IN WRITING AND YO HAVE PAID THE APPROPRIATE FEES AS FOUND IN THE SCHEDULE OF FEES.
YOU SHALL OWN THE COPYRIGHT AND/OR OTHER RIGHTS TO ANY NAMES, SLOGANS OR PRODUCTS (AND THEIR DERIVATIVES) THAT YOU BRING TO FISHPUNT AND THAT WAS NOT CREATED, DEVELOPED OR DELIVERED TO YOU BY FISHPUNT.
FISHPUNT RESERVES ALL RIGHTS NOT OTHERWISE SPECIFICALLY DELIVERED TO YOU. IN NO CASE SHALL YOU ALLOW OTHERS TO CREATE DERIVATIVE WORKS OF WEBSITE(S), MARKETING PROGRAMS OR DESIGN(S) FISHPUNT HAS MODIFIED, CREATED, DESIGNED AND DELIVERED TO YOU. IN NO CASE SHALL YOU DELIVER TO OTHERS, ANY SOURCE CODE, MASTER FILES, OR OTHER CONTENT OR MATERIAL(S) (PHYSICAL OR INTELLECTUAL) THAT YOU DO NOT HOLD AN OWNERSHIP, COPYRIGHT OR TRADEMARK LICENSE FOR WITHOUT FIRST PAYING FOR SUCH LICENSE(S) AND OBTAINING WRITTEN PERMISSION FROM FISHPUNT.
INDEMNIFICATION
YOU UNDERSTAND AND AGREE THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR ON THE WEB SITE AND FOR YOUR USE OF THE CONTENT. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS FISHPUNT, ITS SUBSIDIARIES, AFFILIATED COMPANIES, JOINT VENTURERS, BUSINESS PARTNERS, LICENSORS, EMPLOYEES, AGENTS, AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE WEB SITE FROM AND AGAINST ALL CLAIMS, LOSSES, EXPENSES, DAMAGES AND COSTS (INCLUDING, BUT NOT LIMITED TO, DIRECT, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY AND INDIRECT DAMAGES), AND REASONABLE ATTORNEYS’ FEES, RESULTING FROM OR ARISING OUT OF YOUR USE OF THE WEB SITE OR YOUR USE OF THE CONTENT, ANY VIOLATION BY YOU OF THIS AGREEMENT OR ANY APPLICABLE LAW, OR ANY ACTIVITY RELATED TO YOUR USER ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE WEB SITE THROUGH YOUR USER ACCOUNT.
PERSONAL INFORMATION AND PRIVACY POLICY
FISHPUNT MAY MONITOR, RECORD, COLLECT AND USE FOR ANY LAWFUL PURPOSE INFORMATION GENERATED THROUGH YOUR USE OF THE WEB SITE. FISHPUNT’S INFORMATION COLLECTION AND USE POLICIES WITH RESPECT TO THE PRIVACY OF COLLECTED INFORMATION ARE SET FORTH IN THE WEB SITE’S PRIVACY POLICY PAGE. YOU MAY BE ABLE TO CREATE AN ACCOUNT ON OUR WEB SITE WITH A USERNAME AND PASSWORD. IF SO, YOU ARE RESPONSIBLE FOR MAINTAINING THE STRICT CONFIDENTIALITY OF YOUR ACCOUNT PASSWORD, AND YOU SHALL BE RESPONSIBLE FOR ANY ACCESS TO OR USE OF THE WEB SITE BY YOU OR ANY PERSON OR ENTITY USING YOUR PASSWORD, WHETHER OR NOT SUCH ACCESS OR USE HAS BEEN AUTHORIZED BY OR ON BEHALF OF YOU. YOU AGREE TO IMMEDIATELY NOTIFY US OF ANY UNAUTHORIZED USE OF YOUR PASSWORD OR ACCOUNT OR ANY OTHER BREACH OF SECURITY. IT IS YOUR SOLE RESPONSIBILITY TO CONTROL THE DISSEMINATION AND USE OF YOUR PASSWORD, AND TO CONTROL ACCESS TO AND USE OF YOUR ACCOUNT. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS PROVISION.
YOUR OBLIGATIONS UNDER THESE TERMS OF USE ARE IN NO WAY CONDITIONED ON FISHPUNT COMPLYING WITH THE TERMS OF OUR PRIVACY STATEMENT.
ADDITIONAL TERMS MAY APPLY TO YOU AS FOUND ON OUR PRIVACY POLICY PAGE AND YOU ARE ENCOURAGED TO REVIEW THE PRIVACY POLICY PAGE.
USER CONDUCT
YOU AGREE TO NOT TAKE ANY ACTION THAT WILL AFFECT, INHIBIT, OR PREVENT FISHPUNT FROM OPERATING AND MAINTAINING IT’S WEBSITE. YOU AGREE TO NOT TAKE ANY ACTION THAT MIGHT PLACE AN UNUSUAL OR LARGE LOAD ON FISHPUNT’S WEBSITE OR ITS SERVERS OR ITS INFORMATION SYSTEMS OR ANY FISHPUNT PROPERTY, OWNED, LEASED OR LICENSED. YOU AGREE TO NOT MAKE STATEMENTS OR COMMENTS ON THE FISHPUNT WEBSITE OR ITS FACEBOOK PAGE OR ANY OTHER WEBSITE THAT FISHPUNT OWNS, CONTROLS OR MAKES, THAT IS INFLAMMATORY, DEROGATORY, RACIAL, INTENTIONALLY HURTFUL TO OTHERS, INCLUDING FISHPUNT OR OTHER BUSINESSES, OR THAT YOU KNOW TO BE FALSE OR MISLEADING. YOU AGREE TO NOT SLANDER OR COMMIT LIBELOUS ACTIONS AGAINST OR TOWARDS FISHPUNT, NOR ANY OF ITS PARTNERS, AFFILIATES, PROVIDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR CONTRACTORS. YOU AGREE THAT USAGE OF FISHPUNT’S FACEBOOK PAGE IS INCLUDED IN THESE TERMS OF USE. YOU AGREE TO NOT POST OR MAKE ANY PORNOGRAPHIC, THREATENING, FRAUDULENT, OBSCENE, ILLEGAL OR OBJECTIONABLE COMMENTS, PICTURES OR MATERIAL ON ANY FISHPUNT WEBSITE. YOU AGREE TO NOT UPLOAD, POST, PUBLISH ANY CONTENT THAT CONTAINS VIRUSES, MALWARE, TROJAN HORSES OR OTHER CONTENT THAT IS USED FOR ILLEGAL PURPOSES OR THAT WILL HARM THE COMPUTERS, INFRASTRUCTURE, OR INFORMATION SYSTEMS OF FISHPUNT OR ITS GUESTS, VISITORS AND USERS. YOU ALSO AGREE TO NOT ENGAGE IN OR UNDERTAKE OR TAKE ANY ACTION RELATED TO EMAIL SCANNING AND OR COLLECTING, SCREENSHOTS COLLECTION, OBTAINING AND OR COLLECTION AND OR SAVING AND OR USING AND OR DISTRIBUTING AND OR SELLING AND OR TRADING ANY USERNAME OR PASSWORD.
FISHPUNT CANNOT MAKE ANY REPRESENTATION OR WARRANTY ABOUT ANYTHING CONTAINED IN THE MATERIAL. FISHPUNT LIKEWISE ASSUMES NO RESPONSIBILITY FOR ANY CONTACT YOU MAY HAVE WITH OTHER USERS OF OUR SITES, EITHER ONLINE OR OFFLINE. IF YOU ELECT TO MEET IN PERSON WITH SOMEONE YOU MAY MEET ON OUR SITES, YOU DO SO AT YOUR OWN RISK, AND UNDER NO CIRCUMSTANCES WILL FISHPUNT BE LIABLE FOR ANY ACTIVITY OR INJURY OR CONSEQUENCE THAT MAY OCCUR. ENDORSEMENTS
FISHPUNT DOES NOT ENDORSE NOR IS LIABLE FOR ANY LINKS FOUND ON ITS WEBSITE. FISHPUNT SHALL NOT BE LIABLE FOR YOU CLICKING ON ANY LINK ON THE WEBSITE.
ENFORCEMENT
FISHPUNT RESERVES THE RIGHT TO ENFORCE, INVESTIGATE AND BRING LEGAL ACTION AGAINST THOSE WHO VIOLATE THESE TERMS OF USE AND THE CITY OF ORLANDO, FLORIDA SHALL BE THE COURT OF JURISDICTION FOR ANYONE, AND ORANGE COUNTY FLORIDA SHALL BE THE COURT OF JURISDICTION FOR USERS TO AND OF THE FISHPUNT WEBSITE.
TERMINATION
FISHPUNT RESERVES THE RIGHT TO TERMINATE YOUR USE OF THE WEBSITE WITHOUT NOTICE IF WE BELIEVE YOU ARE COMMITTING ACTS INCONSISTENT WITH OUR TERMS OF USE, OR ARE DETRIMENTAL TO THE FISHPUNT WEBSITE.
SEVERABILITY
IF ANY PROVISION OF THESE TERMS OF USE IS FOUND TO BE INVALID OR UNENFORCEABLE, THAT PROVISION WILL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMISSIBLE, AND THE OTHER PROVISIONS OF THE TERMS OF USE WILL REMAIN IN FORCE.
CONTRADICTION IN CLAUSES
IN THE EVENT THERE IS A CONTRADICTION WITHIN THIS AGREEMENT AND/OR ITS CLAUSES, FISHPUNT RESERVES THE RIGHT TO USE THE SPECIFIC CLAUSE(S) IT DEEMS ARE APPROPRIATE FOR THE SITUATION.
GENERAL CONTACT INFORMATION
YOU MAY EMAIL FISHPUNT AT INFO@FISHPUNT.COM OR WRITE TO FISHPUNT AT 2431 ALOMA AVE, SUITE 219, WINTER PARK, FLORIDA 32792.
ADDITIONAL TERMS, CLAUSES AND CONDITIONS
WEBSITE DELIVERY. UPON DELIVERY OF A WEBSITE THAT FISHPUNT AS DEVELOPED OR DESIGNED FOR YOU, YOU HAVE 30 DAYS TO REVIEW THE WEBSITE, THEREAFTER, ANY DEFECTS, ERRORS OR OTHER ISSUES THAT REQUIRE FISHPUNT TO CORRECT WILL BE AT YOUR EXPENSE, AND YOU ACCEPT FULL LIABILITY FOR SUCH DEFECTS OR ERRORS AFTER 30 DAYS.
REQUESTING SOURCE FILES
IF YOU REQUEST THAT FISHPUNT GIVE YOU THE SOURCE FILES, OR THAT YOU BE GIVEN ACCESS TO THE SOURCE FILES, FISHPUNT WILL CHARGE YOU A MINIMUM OF $500 USD, TO BE PAID UP FRONT. DELIVERING THE SOURCE FILES OR DELIVERING THE “RIGHT TO ACCESS” THE SOURCE FILES IN NO WAY DELIVERS, SELLS, RENT, ASSIGNS OR CONVEYS ANY LICENSING OR OWNERSHIP RIGHTS TO YOU.
GAMES, GIVE-A-WAYS AND PROMOTIONAL EVENTS
FROM TIME TO TIME, FISHPUNT WILL CONDUCT GIVE-A-WAYS, GAMES AND OTHER PROMOTIONAL EVENTS. BY PARTICIPATING IN ANY SUCH GIVE-AWAY, GAME OR PROMOTIONAL EVENT, YOU THE READER AND/OR CONTESTANT AGREE TO THE TERMS, CONDITIONS AND PRIVACY RULES OF SUCH.
FISHPUNT WILL COLLECT CERTAIN INFORMATION FROM YOU SUCH AS YOUR NAME, EMAIL ADDRESS AND OTHER INFORMATION. YOU AGREE BY PROVIDING SUCH INFORMATION THAT WE MAY USE IT TO CONTACT YOU ABOUT NEWS, EVENTS AND PROMOTIONS IN THE FUTURE. WE MAY SHARE YOUR INFORMATION TO THIRD PARTIES WHO ARE PARTICIPATING IN THE EVENT OR PROMOTION WITH FISHPUNT, BUT IN NO CASE WILL FISHPUNT SHARE, TRADE OR SELL YOUR INFORMATION TO ANY THIRD PARTY NOT PART OF THE PROMOTION OR EVENT OR GAME YOU HAVE ENTERED.
EMPLOYEES AND FRIENDS OF FISHPUNT OR ANY COMPANY OR ENTITY PARTICIPATING IN THE EVENT OR PROMOTION WITH FISHPUNT SHALL BE ELIGIBLE TO WIN ANYTHING OR RECEIVE ANYTHING.
FISHPUNT WILL OPERATE AND MANAGE ANY EVENT, GAME, GIVE-A-WAY OR PROMOTION OR ASSIGN SUCH TO A THIRD PARTY TO CONDUCT SUCH ON FISHPUNT’S BEHALF. IN ALL CASES, FISHPUNT RESERVES ALL RIGHTS TO MAKE ANY DECISIONS AND CHOSE WINNERS. FISHPUNT SHALL BE THE SOLE DETERMINING AUTHORITY OF ANY SUCH WINNERS.
ALL GIVE-A-WAYS, GAMES, EVENTS AND/OR PROMOTIONS ARE OPEN TO RESIDENTS OF THE UNITED STATES OF AMERICA OR THE STATE OF FLORIDA AGED 18 AND OLDER, UNLESS OTHERWISE STATED IN THE GAME, EVENT, GIVE-A-WAY OR PROMOTION.
IN THE SOLE DETERMINATION OF FISHPUNT, ANY MISS-USE OR FRAUD BY ANY CONTESTANT, SHALL RESULT IN BEING PROHIBITED FROM WINNING OR RECEIVING ANY PRIZES OR BENEFITS.
YOU AGREE BY PARTICIPATING IN AN GAME, GIVE-A-WAY OR PROMOTIONAL EVENT, THAT FISHPUNT SHALL NOT BE LIABLE FOR ANY DAMAGES OR INJURIES TO YOU AND YOU AGREE TO HOLD HARMLESS, NOW AND FOREVER, FISHPUNT AND AGREE TO DEFEND FISHPUNT. YOU FURTHER AGREE THAT ANY USE OR POSSESSION OF ANY GIVE-A-WAY OR PRIZE IS AT YOUR OWN RISK, THAT FISHPUNT IS NOT LIABLE FOR ANY DAMAGES OR INJURIES THAT COULD ARISE AND THAT YOU AGREE THAT IF YOU DECIDE TO PURSUE LEGAL ACTION FOR ANY DAMAGES OR INJURIES FROM ANY PRIZE AWARDED BY FISHPUNT THAT IT IS BETWEEN YOU AND THE MANUFACTURER OR PROVIDER OF SAID PRIZE.
VOID WHERE PROHIBITED, GAMES, GIVE-A-WAYS AND PROMOTIONAL EVENTS ARE NOT VALID OUTSIDE THE UNITED STATES. FISHPUNT RESERVES THE RIGHT OF WHEN AND WHERE TO DISBURSE ANY PRIZES. WINNERS OF ANY PRIZE THAT INCLUDES HOTEL AND/OR AIRFARE TRANSPORTATION MUST NOTIFY FISHPUNT AT LEAST 45 DAYS BEFORE THEY WISH TO TRAVEL, AND ONCE NOTIFIED, MAY NOT CHANGE THEIR HOTEL AND/OR AIRFARE TRAVEL PORTIONS OF THEIR PRIZE.
ADVERTISING AND MARKETING
FROM TIME TO TIME, OR AS A PRINCIPLE BUSINESS ACTIVITY, FISHPUNT WILL ENGAGE IN MARKETING, DESIGN AND ADVERTISING ON BEHALF OF A CLIENT OF FISHPUNT. IF YOU HAVE ELECTED TO CONTRACT, ENGAGE OR SOLICITE FISHPUNT FOR ADVERTISING AND MARKETING PRODUCTS OR SERVICES, YOU ALSO AGREE TO THESE TERMS AND CONDITIONS BELOW.
TERMINATION OF ADVERTISING OR MARKETING SERVICES;
EITHER PARTY MAY TERMINATE THIS AGREEMENT AT ANY TIME FOR ANY REASON. IN THE EVENT THAT YOU DECIDE TO TERMINATE THIS AGREEMENT WITH US, YOU SHALL BE LIABLE TO USE FOR ANY AMOUNT EQUAL TO ONE -THIRD OF THE TOTAL AGREED PRICE FOR PRODUCTS OR SERVICES.
IN THE EVENT THAT WE DECIDE TO TERMINATE THE ADVERTISING OR MARKETING AGREEMENT WITH YOU, WE SHALL NOT BE LIABLE FOR ANY DAMAGES YOU MAY INCUR AS A RESULT THEREOF, INCLUDING NEW OR CONTINUED MARKETING, NEW OR CONTINUED BRANDING, NEW OR CONTINUED PRINT MEDIA, PREPRINTING OF NEW OR CONTINUED PRINT MEDIA, NEW OR CONTINUED WEBSITE DESIGN OR REDESIGN OR WEBSITE COMPLETION, COST OF NEW RFP’S, COST OF SEARCHING AND/OR ACQUIRING A NEW VENDOR, YOUR COST OF OTHER BUSINESS ACTIVITIES RELATED TO FISHPUNT TERMINATING THIS AGREEMENT, LOSS OF SALES, LOSS OF REVENUE, AND LOSS OF MARKET SHARE AND THAT YOU AGREE TO HOLD US HARMLESS NOW AND FOREVER FROM ANY SUCH LOSS OR CLAIM THAT MAY ARISE FROM US TERMINATING THIS AGREEMENT. FISHPUNT WILL REFUND TO YOU ANY UNUSED FUNDS IN THE EVENT OF TERMINATION OF THIS AGREEMENT BY US.
INTELLECTUAL PROPERTY RIGHTS
EXCEPT AS AGREEMENT ELSEWHERE IN WRITING, YOU SHALL HOLD OWNERSHIP RIGHTS TO ANY INTELLECTUAL PROPERTY THAT FISHPUNT CREATES, DESIGNS OR OTHERWISE GENERATES FOR YOU IN CONNECTION TO AN AGREEMENT FOR PRODUCTS/SERVICES. YOU HEREBY EXPRESSLY CONVEY A LICENSE IN PERPETUITY TO FISHPUNT OR ITS HEIRS, ASSIGNS, AGENTS OR OFFICERS, TO USE ANY INTELLECTUAL PROPERTY THAT FISHPUNT OR ANY OF ITS ASSIGNS, AGENTS, OFFICERS OR CONTRACTORS CREATES, DESIGNS OR OTHERWISE GENERATES FOR YOU IN CONNECTION TO THE ADVERTISING OR MARKETING AGREEMENT BETWEEN YOU AND FISHPUNT AND THAT YOU AND YOUR HEIRS, ASSIGNS, AGENTS, OFFICERS AND OTHER REPRESENTATIVES SHALL DEFEND SUCH “RIGHT TO USE” IN ANY COURT OF LAW. THE RIGHT OF FISHPUNT TO USE ANY INTELLECTUAL PROPERTY SHALL NOT INCLUDE FOR THE PURPOSE OF FISHPUNT TO COMPETE IN BUSINESS DIRECTLY AGAINST YOU WITHIN A 10 MILE RADIUS.
INTELLECTUAL PROPERTY SHALL BE DEFINED AS WEBSITE SOURCE CODE, GRAPHICS DESIGN, PHOTOGRAPHY OF ANY FORMAT, VIDEO OF ANY FORMAT, MARKETING CONCEPTS, MARKETING CAMPAIGNS, MASTER FILES, ORIGINAL FILES, DUPLICATE FILES, PRODUCTION FILES, TRANSMITTED FILES, DISTRIBUTED FILES, CONVEYED FILES OR OTHER SIMILAR SUCH ITEMS.
IN NO CASE SHALL ANY INTELLECTUAL PROPERTY RIGHTS BE CONVEYED FROM FISHPUNT TO YOU UNTIL YOU HAVE MADE FULL PAYMENT AGREED. YOU HEREBY AGREE THAT FISHPUNT SHALL HAVE OWNERSHIP OF ANY INTELLECTUAL PROPERTY OR WORK CREATED OR OTHERWISE GENERATED FOR YOU UNTIL SUCH TIME THAT YOU HAVE MADE FULL PAYMENT TO FISHPUNT.
ERRORS AND OMISSIONS
IN THE EVENT THAT ANY ADVERTISING OR MARKETING PRODUCT THAT FISHPUNT CREATES OR OTHERWISE GENERATES, OR ANY OF ITS ASSIGNS, AFFILIATED, AGENTS OR CONTRACTORS, FISHPUNT SHALL NOT BE LIABLE FOR ANY DAMAGES IF THE ERROR(S) OR OMISSION(S) ARE/IS ATTRIBUTABLE TO YOU, EITHER IN WRITING, VERBALLY OR OTHER.
IN THE EVENT THAT FISHPUNT PUBLISHES, TRANSMITS, OR OFFERS A PRICE FOR A PRODUCT OR SERVICE ON ITS WEBSITE OR IN PRINT MEDIA THAT IS DISTRIBUTED, FISHPUNT SHALL NOTIFY YOU OR ANY CUSTOMER OF THE ERROR IMMEDIATELY UPON YOU OR THE CUSTOMER MAKING CONTACT WITH FISHPUNT ATTEMPTING TO OBTAIN SUCH PRODUCTS OR SERVICES AT THE INCORRECT RATE.
FORCE MAJEURE
IN THE EVENT OF AN EVENT, INCIDENT OR ACTION OR LACK OF ACTION BY AN OUTSIDE ENTITY NOT PART OF THIS AGREEMENT, OR BY AN ACT OF G-D, NEITHER PARTY SHALL BE BOUND TO THIS AGREEMENT, EXCEPT THE CONSIDERATION CLAUSE, WHEREAS IT MAY BE EXTENDED TO PERMIT EITHER PARTY TO FULFILL AGREED OBLIGATIONS.
AN ACT OF G-D SHALL INCLUDE NATURAL DISASTERS SUCH A SINGLE OR MULTIPLE TORNADOES, HURRICANES, EARTHQUAKES, BLIZZARD, EXTREME DROUGHT, TSUNAMI, AVALANCHE, FLOOD, AND LANDSLIDE, AND SHALL ALSO INCLUDE OTHER TYPES NOT SPECIFICALLY LISTED HEREIN. EVENT, INCIDENTS AND ACTIONS SHALL INCLUDE, BUT NOT LIMITED TO THE FOLLOWING: RIOTS, WAR, INSURRECTION, GOVERNMENT ACTION, REBELLION, OR THIRD PARTY INCAPACITATION OR FAILURE TO PROVIDE.
MILESTONES
FISHPUNT MAY ELECT TO PROVIDE YOU WITH MILESTONES IN CONNECTION TO ANY ADVERTISING OR MARKETING PRODUCTS OR SERVICES. WHEN FISHPUNT PROVIDES SUCH “MILESTONES”, THAT SHALL BE THE GOVERNING DOCUMENT OF THE SPEED OR WORK BEING DONE BY FISHPUNT FOR YOU, AND IN SOME CASES, THE SPECIFIED PAYMENT SCHEDULE.
MILESTONES ARE NOT A GUARANTEE THAT ANY WORK WILL BE PERFORMED OR COMPLETED BY FISHPUNT.
PAYMENTS
YOU HEREBY AGREE TO PAY FISHPUNT ALL MONIES ASSOCIATED WITH THE PRODUCTS AND OR SERVICE YOU HAVE REQUESTED FISHPUNT TO CREATE OR OTHERWISE GENERATE FOR YOU. IF YOU DO NOT PAY FISHPUNT, IN FULL OR IN PART, FISHPUNT RESERVES THE RIGHT TO TAKE ANY SUCH ACTION IT DEEMS NECESSARY TO COLLECT, EITHER AS PROVIDED WITHIN THIS AGREEMENT OR BY LAW.
IF YOUR PAYMENT BY CHECK IS RETURNED FROM YOUR BANK, YOUR PAYMENT SHALL BE CONSIDERED LATE, NO PAYMENT SHALL HAVE BEEN CONSIDERED TO HAVE BEEN PRESENTED AND MADE, AND YOU SHALL BE CHARGED A 4% SERVICE CHARGE ON TOP OF THE VALUE OF THE CHECK, PLUS ANY OTHER LEGALLY ALLOWABLE DAMAGES. FISHPUNT MAY ALSO ELECT TO TERMINATE ANY AGREEMENT(S) WITH YOU, AND SHALL OWN ANY INTELLECTUAL PROPERTY RIGHTS ON ANY WORK IT HAS CREATED OR OTHERWISE GENERATED FOR YOU.
IF YOU FAIL TO PAY OR PAY ON TIME, FISHPUNT MAY ELECT, AT ITS OWN CHOOSING, TO STOP ALL WORK FOR YOU UNTIL YOU HAVE MADE FULL AND COMPLETE PAYMENT, OR ANY PORTION AGREED TO THEREOF OR TO TERMINATE THE AGREEMENT.
FEEDBACK
YOU AGREE TO PROVIDE FISHPUNT TIMELY FEEDBACK IN CONNECTION TO THE WORK FISHPUNT IS CREATING OR OTHERWISE GENERATING FOR YOU. FAILURE TO PROVIDE SUCH TIMELY FEEDBACK SHALL RESULT IN WORK BEING STOPPED UNTIL YOU RESPOND, AND ALL SUCH MILESTONES SHALL BE PUSHED BACK APPROPRIATELY. HOWEVER YOUR PAYMENTS, IF ANY, SHALL BE DUE ACCORDING TO THE ORIGINAL TIME SCHEDULE OR MILESTONE DOCUMENT PROVIDED TO YOU.
TRANSFERABILITY
THIS ENTIRE AGREEMENT, OR ANY PORTION THEREOF, AND ANY WORK IN PART OF FULL THAT FISHPUNT HAS OR WILL PROVIDE TO YOU MAY BE TRANSFERED OR ASSIGNED TO ANOTHER CONTRACTOR, AGENT OR PROVIDER AT THE DISCRETION OF FISHPUNT. YOU WILL HOWEVER, STILL BE LIABLE AND RESPONSIBLE TO FISHPUNT FOR ANY PAYMENT(S) AND TO THE TERMS AND CONDITION HEREIN.