General Terms

Last updated: March 1, 2023

Intro

Welcome to the FishingBooker Platform, which consists of the fishingbooker.com website and mobile applications (collectively known as the "Platform"). All sections of these Terms of Use and all references to the FishingBooker website also apply to FishingBooker mobile applications, including but not limited to the FishingBooker for Captains and the FishingBooker for Customers mobile applications.

These Terms of use (incorporating the General Terms, Privacy Policy, GDPR Privacy Notice, Customer Specific Terms, Vendor Specific Terms, Payment and Pricing Terms, Content Terms, Affiliate Terms, Intellectual Property Assignment Agreement, Online Payment Model Agreement, Platform Rules and Guidelines and Extenuating Circumstances policy), (this "Agreement") represent a legal agreement between you, either an individual or a single legal entity ("You" or "you") and FishingBooker, Inc. having its Registered Office address at 101 West Main Street, Suite 101, Norfolk, 23510 Virginia (collectively, "we" or "us"), which operates the FishingBooker ("FishingBooker") online services, available at the Website (You and FishingBooker each a "Party" and collectively the "Parties"). This Agreement governs the use of any FishingBooker online services ("Service"), the Website, any software provided by FishingBooker, including any updates and any accompanying written documentation (collectively, the "Software"). The Software, the Platform, and the Services may be referred to as the "Products".

THESE TERMS AND CONDITIONS CONTAIN A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT MAY SIGNIFICANTLY IMPACT A USER'S RIGHTS CONCERNING HOW TO RESOLVE DISPUTES. IF YOU LIVE IN THE UNITED STATES, PLEASE READ IT CAREFULLY.

By using the Platform or any of the Products, or by clicking "I AGREE" or any similar button anywhere on the Platform, you agree to be bound by the terms and conditions of this "Agreement".

Please read this Agreement carefully prior to using the Platform or Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Platform and discontinue the use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you confirm that you have the authority to bind that legal entity to this Agreement. If you do not have the authority to accept the terms of this Agreement on behalf of a legal entity, you are liable for all damages that the legal entity may suffer.

This Agreement will remain in full force and effect at all times, and may be modified from time to time.

Definitions

• By "FishingBooker/us/we/our", we mean the features and services we make available, through our Platform - including the website fishingbooker.com (https://fishingbooker.com), the FishingBooker for Captains and the FishingBooker for Customers mobile applications and any other branded or co-branded websites (including sub-domains, international versions, widgets, mobile applications, and mobile versions) already existing or later developed.
• By "Vendor/you", we mean the person, agency, or company responsible for delivering and managing fishing trip services rendered through FishingBooker.com.
• By "Customer/you", we mean the person, agency, or company paying for services delivered by the vendor through FishingBooker.com.
• By "User(s)/you", we mean any person, agency, or company advertising or using any of the services provided on the FishingBooker platform.
• By "Service(s)”, we mean the reservation of fishing trips through the FishngBooker platform, through which Vendors can make their fishing trip services available online for reservation, and through which Customers can make such fishing trip reservations with Vendors.
• By "Information" or "Content", we mean all data and information available on the platform including data and information about a Vendor or Customer, as well as anything you or other Users post on FishingBooker.
• By "Listing", we mean the Vendor's advertisement of various different travel products and services that can be purchased, reserved, or consumed by Users on the FishingBooker platform.
• By “FishingBooker Direct or FishingBooker Direct Service” we mean a feature developed and protected by FishingBooker, that allows Vendors to use calendar, manage bookings, and payment processing service outside FishingBooker’s standard service AND Customers to pay and book trips outside the FishingBooker Standard platform.
• By “FishingBooker Direct Terms” we mean a legal agreement that defines FishingBooker Direct Service and the rights and obligations of parties to that agreement. In the event that FishingBooker Direct Terms and these Terms of Use are in conflict, the FishingBooker Direct Terms will prevail.
• By “Deposit Payments Model” we mean a business model where the security deposit acts as the commission – set by the Vendor in the amount of 10–30% of the total trip price. The security deposit is charged by FishingBooker on the Vendor’s behalf from the Customer once a trip is booked while the remaining amount is directly paid to the Vendor.
• By “Online Payments Model” we mean a business model where the Customer has the option to pay the full amount for the trip immediately when booking a trip. In the Online Payment Model the total trip price acts, at the same time, as a security deposit, settled with FishingBooker, on the Vendor’s behalf before the trip.

Accessing the Website and FishingBooker Services

To register with FishingBooker, Users may be asked to provide certain registration details or other information, all of which is governed by the FishingBooker Privacy Policy. By registering with FishingBooker, Users represent and warrant that all registration information submitted, including, without limitation, all first and last names, email addresses, mobile telephone numbers, nationalities, payment information, ownership information, and all other information provided is completely accurate.

By registering with FishingBooker or providing information for its use, Users represent and warrant that they are of legal age to enter into a binding contract, or if they are a legal entity, that they are authorized to enter into and bind the entity to this Agreement and perform the terms and conditions of this Agreement. FishingBooker reserves the right to refuse service, terminate accounts, remove or edit content at its sole discretion and timing.

Users are solely responsible for maintaining the confidentiality, security and correctness of their registration information. Users are solely responsible for all activities, liabilities and damages that occur under their account or password or from their failure to maintain password confidentiality. Users agree that FishingBooker shall not be liable for any losses or damages arising from their failure to keep their username, password, or other registration information secure. Users agree to notify FishingBooker immediately of any unauthorized access to, or use of, their username or password or any other breach of security. Users agree to comply with all applicable laws regarding online conduct and acceptable content

FishingBooker reserves the right to withdraw or amend the Platform or any of the FishingBooker Products or Services, and any product, service or material provided on the Platform or the FishingBooker Products or Services, at FishingBooker's sole discretion, without notice. FishingBooker will not be liable to Users if, for any reason, any part of or the entire Platform or FishingBooker Services are unavailable for their access or use at any time or for any period. From time to time, FishingBooker may restrict access to some parts of the Platform, or the entire Platform, to users, including registered users. Users are responsible for:

• Making all arrangements necessary for them to have access to the Website,
• Ensuring that all persons who access the Website through their device are aware of this Agreement and comply with it

Platform Uptime

FishingBooker will use commercially reasonable efforts to ensure that interfaces to User access to FishingBooker Services are available without interruption, except for any scheduled downtime needed to maintain the effective operation of the FishingBooker Platform and when service interruptions are caused by conditions outside of FishingBooker's control. FishingBooker in no way guarantees that Services will be available without interruption.

Maintenance of Platform

Due to maintenance work, FishingBooker reserves the right to alter, update, or cancel its Service at any time. FishingBooker may conduct such maintenance for security reasons, intellectual property, or other reasons at its discretion, and is not required to explain such modifications.

Scope of Services

FishingBooker only acts in the capacity of an intermediary on behalf of the Vendor or other Principal that is providing the Services. By making a booking through FishingBooker, Customers are getting into a contract directly with the Vendor and they will be subject to the Vendor's terms and conditions. The delivery terms and conditions of a Vendor can be obtained from the relevant Vendor, if requested, prior to a booking being confirmed or along with the booking confirmation. By confirming a booking Customers are accepting the terms and conditions of the Vendor as well as the FishingBooker Terms and Conditions. If there is a discrepancy between the Vendor's private cancellation policy and that stated on their FishingBooker Listing, the one stated on the listing applies.

FishingBooker shall not be liable for anything stated in the Vendor's terms and conditions. FishingBooker's Agreement with Users sets out what User rights and obligations are when they book or reserve fishing trips through FishingBooker.

From the point at which a Customer makes a reservation, FishingBooker acts solely as an intermediary between the Customer and the Vendor, transmitting the details of the reservation to the relevant Vendor and sending the Customer a confirmation email for and on behalf of the Vendor.

FishingBooker will do our best to assist you, but will have no liability and expressly disclaim any liability in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.

This Platform is offered and available to Users who are eighteen (18) years of age or older. By using this Platform or any of the FishingBooker Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Platform or any of the FishingBooker Products or Services. FishingBooker is not in any way liable for damages that may arise from you providing false information about your age. If you are using the Platform or any of the FishingBooker Products or Services on behalf of a company, organization, government or other legal entity, you represent and warrant that you are authorized to do so. You may use the Platform and the FishingBooker services only in compliance with this Agreement and all applicable local, state, national and international laws, rules and regulations.

FishingBooker makes available an online platform or marketplace with related technology for Customers and Vendors to meet online and arrange for bookings of fishing trips with each other. FishingBooker is not an owner, operator nor provider of the properties, including but not limited to boats, equipment, accommodations, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE PLATFORM AND FISHINGBOOKER PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND VENDORS CONNECTING AND BOOKING FISHING TRIPS WITH EACH OTHER. FISHINGBOOKER ARE NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL FISHING TRIPS, CONTENT REGARDING BOAT DESCRIPTION CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY FISHING TRIPS.

Prohibited Uses

The Platform and FishingBooker Products and Services may be used only for lawful purposes and in accordance with this Agreement. Visitors to the FishingBooker platform and Users hereby agree not to use the Platform or FishingBooker Products and Services:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To transmit or procure the sending of any "junk mail", "chain letter", or "spam" or any other similar solicitation.
• To impersonate or attempt to impersonate FishingBooker, a FishingBooker employee, another User or any other person or entity (including, without limitation, by using email addresses or User screen names associated with any of the aforementioned).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Platform, or which, as determined by FishingBooker, may harm FishingBooker or Users of the Platform or expose them to liability.

Users and Visitors further agree to use the Platform only for legitimate purposes. Users and Visitors agree to access the Platform only in accordance with these Terms of Use, as amended. Users and Visitors agree not to engage in any of the following prohibited activities:

• Using the Platform or FishingBooker Products or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Platform or FishingBooker Products or Services, including their ability to engage in real time activities through the Platform or FishingBooker Products or Services.
• Using any automated system, including without limitation "robots", "spiders", "offline readers", etc. to access FishingBooker or Vendor services in a manner that sends more request messages to FishingBooker or Vendor servers than a human can reasonably produce in the same period of time by using a conventional online web browser;
• Copying, distributing, or disclosing any part of the FishingBooker or Vendor services in any medium, including without limitation by any automated or non-automated "scraping";
• Accessing any content on FishingBooker or Vendor services through any technology or means other than those provided or authorized by the FishingBooker or Vendor services;
• Using any manual process to monitor or copy any of the material on the Platform or for any other unauthorized purpose without FishingBooker’s prior written consent.
• Using any device, software or routine that interferes with the proper working of the Platform.
• Introducing any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, including uploading invalid data, viruses, worms, or other software agents through FishingBooker or Vendor services;
• Attempting to gain unauthorized access to, interfering with, damaging, or disrupting any parts of the Platform, the server on which the Platform is stored, or any server, computer, or database connected to the Platform.
• Attacking the Platform or FishingBooker Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
• Accessing, tampering with, or using non-public areas of the Platform, FishingBooker computer systems, or its delivery processes, including but not limited to collecting or harvesting any personally identifiable information, including account names, from FishingBooker or Vendor services;
• Probing, scanning, or testing the vulnerability of any system or network or breach or circumvent the security or authentication measures.
• Accessing, searching, or attempting to access or search the services by any means other than those specifically provided by FishingBooker.
• Forging any TCP/IP header in any email or posting, or in any way using FishingBooker Products or Services to send altered, deceptive, or false source-identifying information.
• Interfering with or disrupting the access of any Customer or Vendor, attempting to interfere with, compromising the system integrity or security or deciphering any transmissions to or from the servers running FishingBooker or Vendor services.
• Otherwise attempting to interfere with the proper working of the Platform.
• Transmitting spam, chain letters, or other unsolicited email or using FishingBooker or Vendor services for any commercial solicitation purposes.
• Committing any harmful actions which may interfere with the regular functioning of the FishingBooker Platform, product or services.
• Impersonating another person or otherwise misrepresenting your affiliations with a person or entity, conducting a fraudulent activity, hiding or attempting to hide your identity.
• Bypassing the measures FishingBooker may use to prevent or restrict access to FishingBooker or Vendor services, including, without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of FishingBooker or Vendor services or the content therein.

No Spam

We do not tolerate spam or unsolicited commercial electronic communications of any kind. Therefore, without limiting the aforementioned, Users are not licensed to add another User, even a User who has booked Vendor’s sevices, to their mailing list (email or physical mail) without the Vendor’s or User’s expressed consent. Vendors may not use any tool or service on the Platform to send spam or unsolicited commercial electronic communications of any kind or in any other way that would violate these Terms. Vendors are responsible for all content they provide to the Platform or through any tool or service provided on the Platform and for their use of any personal information of Users they obtain through the Platform or otherwise in connection with their participation in the Services.

Indemnification

Each Customer and Vendor, by making use of any of the Services of FishingBooker or the Platform agrees to release, defend, indemnify, and hold FishingBooker and our affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from any and all claims, liabilities, damages, losses and expenses, including, without limitation, reasonable legal and accounting fees arising out of or in any way connected with their use of any of the Platform or FishingBooker Products or Services. Notwithstanding any United States or other law relating to the limitation of liability, Vendors and Customers agree to fully indemnify FishingBooker in the full amount of damages actually paid by FishingBooker pursuant to a dispute or controversy.

Users (the "Indemnifying Party") will defend and indemnify FishingBooker (the "Indemnified Party") against any and all claims, losses, costs, and expenses, including reasonable attorneys' fees, that the Indemnified Party may incur as a result of claims in any form by third parties arising from:

1. The Indemnifying Party's intentional tortious or negligent acts or omissions (including, without limitation, noncompliance with any applicable legal and/or regulatory requirements);
2. The Indemnifying Party's breach of any representation, warranty, or covenant set forth herein;
3. The infringement of any third party's intellectual property by any trademarks or other intellectual property provided by the Indemnifying Party to the Indemnified Party;
4. The Indemnifying Party's failure to collect all taxes, fees, and charges that may be applicable to the boat rental services being offered for sale by the Indemnifying Party;
5. The Indemnifying Party's failure to provide accurate information related to their listing which results in legitimate claims of false advertising.

Limitation of Liability

In no event will FishingBooker, its affiliates, or any of their licensors, service providers, employees, agents, officers, managers, or members be liable for damages of any kind, under any legal theory arising out of or in connection with, a User’s use or inability to use the Platform, FishingBooker services, any websites linked to it, any content on the Platform, or such other Platforms or any other services or items obtained through the Platform, FishingBooker services, or such other Platforms including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, death, disability, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.

Amendment

FishingBooker may review and update this Agreement from time to time at its sole discretion and timing. All revisions, updates, or changes are effective immediately when they are posted them to the Platform and apply to all access to and use of the Platform and FishingBooker Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; the Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Platform. The User's continued use of the Platform or FishingBooker Products and Services following the posting of the revised, updated, or changed Agreement means and willl constitute their acceptance and agreement to the revisions, update, or changes. Users are expected to check, read, and agree to this page each time they access or utilize FishingBooker Products and Services so they are aware of any revision, update, or change, as they are binding on them immediately.

Force Majeure

FishingBooker will not be liable or responsible, nor be deemed to have defaulted or breached this Agreement for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website, app or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, lockdowns, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown, or power outage.

Binding, Entire Agreement

This Agreement will be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assignees.This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.

Notice

Any notice or other communication given hereunder will be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to FishingBooker at the address indicated on the top of this Agreement. Notices hereunder will be deemed to have been given on the date of mailing, except notices of changes of address, which will be deemed to have been given when received.

Governing Law, Venue

This Agreement and its validity, construction, and performance will be governed in all respects by the law of the Commonwealth of Virginia, notwithstanding its or any other jurisdiction's choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the Commonwealth of Virginia, through binding arbitration (see Arbitration).

Waiver, Severability

The waiver by FishingBooker of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance will, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, will not be affected thereby and each term and provision of this Agreement will be valid and be enforced to the fullest extent permitted by law.

Class Action Waiver

Both you and FishingBooker agree that each may bring claims against the other in an individual capacity only. Neither you nor FishingBooker may bring a claim as a plaintiff or class member in any class action, consolidated action, or representative action. Both Parties waive the right to a jury trial.

Arbitration

Any dispute or claim relating in any way to your use of any of FishingBooker's Services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act. The decision of the arbitrator will be final and binding upon all Parties. In the event that your claim is rejected, you are obliged to reimburse all costs, including but not limited to arbitration fees and any other legal fees, incurred in the proceeds.

No Third Party Beneficiaries

Nothing contained herein is intended, nor will it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person will have any rights or remedies under this Agreement.

Business Transfers

FishingBooker may sell, transfer, or otherwise share some or all of its assets, including your Personal Information, in connection with a merger, acquisition, reorganization, or sale of assets, or in the event of bankruptcy.

Security

FishingBooker is very concerned with safeguarding Users' information. When Users enter sensitive information (such as social security numbers) on FishingBooker registration or order forms, we encrypt that information using secure socket layer technology (SSL). We follow generally accepted industry standards to protect the Personal Information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. If Users have any questions about the security of our Services, they can contact us via [email protected].

FishingBooker will make any legally required disclosures of any breach of the security, confidentiality, or integrity of our unencrypted electronically stored "personal data" (as defined in applicable state statutes on security breach notification) to Users via email or conspicuous posting on the Services in the most expedient time possible and without unreasonable delay, insofar as consistent with:

1. The legitimate needs of law enforcement; or
2. Any measures necessary to determine the scope of the breach and restore the reasonable integrity of the data system.

Links to Other Websites

Links to Other Websites Our Services may contain links to other websites. If you choose to visit an advertiser by "clicking on" a banner ad or other type of advertisement or click on another third-party link, you will be directed to that third party's website. The fact that we link to a website or present a banner ad or other type of advertisement is not an endorsement, authorization, or representation unless specifically stated. Please note that we have no control over the content and practices of these third-party websites. Therefore, we cannot be held responsible for the protection and privacy of any information you provide while visiting such sites. We encourage you to exercise caution and review the privacy policies of these external websites before providing any personal information. Affiliate Links Disclaimer Some of the links on our website may be affiliate links, which means that we may earn a small commission if you click on the link and make a purchase. Any affiliate links will be clearly identified with a disclaimer next to them.

Access to Your Account

FishingBooker will have the right to access your account to make any changes to reservations, listings, or profile information at its sole discretion.

No Discrimination Policy

FishingBooker is the world's largest online platform dedicated to bringing anglers and captains all around the world together. FishingBooker is a community for all people who love fishing regardless of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status. FishingBooker promotes and will continue to promote equality, acceptance, respect, and, above all else, our mutual love of fishing. FishingBooker encourages all FishingBooker Users, both Vendors and Customers, to act upon the same principles that FishingBooker stands for and to act with respect toward one another.

Captains and Anglers may not:

• Decline or cancel a booking or create or demand different terms or conditions based on race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.
• Post any listing, review or make any statement that discourages or indicates a preference for or against any Captain or Angler on account of race, color, ethnicity, national origin, religion, sexual orientation, disability, health, gender identity, or marital status.

We are aware that some types of unequal treatment are perfectly legal and cannot form the basis for a civil rights case alleging discrimination. Captains and Anglers may decline, cancel, or reschedule a booking based on factors that are not prohibited by law. Nothing prevents a Captain or an Angler from declining, canceling, or rescheduling a booking on the basis of a characteristic that is not protected under civil rights laws or closely associated with a protected class.

We are also aware that each country and state has safety regulations (that include but are not limited to age, weight, disability requirements, etc.) that need to be met and that Captains may have to cancel or reschedule a booking in order to comply with those regulations. These kinds of acts will not be considered discriminatory. Captains may, at their sole discretion, acting in good faith, cancel or reschedule a booking because of someone's age, weight, disability, etc. based on objective reasons (including but not limited to weather, tide, boat requirements) in order to prevent damage to people and property. These kinds of acts will not be considered discriminatory.

If a particular listing or review contains language contrary to this nondiscrimination policy, FishingBooker may, at its discretion change, remove, and take steps up to and including suspending and/or banning the Captain or Angler from the FishingBooker platform.

If the Captain improperly cancels a booking on the basis or age, disability, ethnicity, gender, marital status, national origin, race, religion, and sexual orientation demonstrating that his or her actions were motivated by factors prohibited by this policy, FishingBooker will take steps to enforce this policy, up to and including suspending and/or banning the Captain from the platform.

For more information regarding cancellations please read our Customer Specific Terms and Vendor Specific Terms.

No Endorsement

FishingBooker does not endorse any User or listing. Although Users are required by this Agreement to provide accurate information, FishingBooker does not make any representations about, confirm, or endorse any User or any User’s purported identity or background. FishingBooker has no control over and does not guarantee the existence, quality, safety, suitability, or legality of any Listings or Vendor, the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other User Content, or the performance or conduct of any User or third party. FishingBooker does not endorse any User or Listing. Any references to a User being "verified" (or similar language) only indicate that the User has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification, or guarantee by FishingBooker about any User, including of the User’s identity or background or whether the User is trustworthy, safe or suitable. Users should always exercise due diligence and care when deciding whether to book a trip, accepting a booking request from a User, or communicating and interacting with other Users, whether online or in person. Verified Images are intended only to indicate a photographic representation of a Listing at the time the photograph was taken and are therefore not an endorsement by FishingBooker of any Vendor or Listing. Any reference to a Vendor having the "Angler's Choice Award" only indicates that the Vendor has fulfilled certain objective criteria and nothing else.

References on the FishingBooker platform, blog posts, or any specific commercial product, process, or service, are for FishingBooker's purpose only, including the promotional purpose of the platform, and do not constitute an endorsement, recommendation, or favoring of any of the platform’s Users. By creating “Top Lists” or any similar content or by using testimonials of our Vendors, we do not endorse nor promote any particular Vendor, but the FishingBooker platform itself.

By using the Platform, Users agree that any legal remedy or liability that they seek to obtain for actions or omissions of other Users or other third parties will be limited to a claim against the particular User or other third party who caused them harm. Users agree not to attempt to impose liability on or seek any legal remedy from FishingBooker with respect to such actions or omissions.

Testimonials

By agreeing to the Terms of Services, you agree that FishingBooker may post your testimonials or reviews on the Services along with your full name. If you want your testimonial removed please contact us via [email protected].

Ranking Disclaimer

FishingBooker rates and reviews charter operators based on a number of qualitative and quantitative ranking points. Positions on FishingBooker lists are granted to charter operators that have a profile on the Platform (more info about becoming a Vendor is available here). The FishingBooker Ranking Algorithm includes services offered, user searches, online searches, customer reviews, previous accolades, traffic ratings, proprietary analytics, and variable ranking resources.

The FishingBooker Rankings system provides an organized way to rank charter operators on our Platform. It is impossible to define a clear-cut best charter operators and there is no way to define any as an objective top performer. Our research, analytics, and reviews lead us to rank charter operators on our Platform. These reviews should be seen strictly as opinions based on research but, in order to choose a charter operator on our Platform, you must perform your own due diligence in order to come to well-informed decisions of your own.

FishingBooker has not analyzed every charter operator. The FishingBooker Analytic Review features only charter operators that have been submitted through our application process. The FishingBooker Analytic Review included large numbers of charter operators but there are a great many that we have yet to analyze.

The information on our site and in our Rankings are meant as a source of information for visitors. Visitors must perform their own research and investigation before engaging into services with any charter operator. Users agree to not hold FishingBooker and/or any members and/or any managers and/or any of our partners and/or suppliers liable for any decisions they make. Furthermore, FishingBooker is not liable for any statements, representations, descriptions, comments, or opinions posted on the Site. FishingBooker cannot guarantee the accuracy, integrity, or quality of Rankings as they are strictly opinions. Under no circumstances will FishingBooker or any third-party providers of the Rankings be liable in any way for any Ranking, including, but not limited to, any errors or omissions in any Ranking(s), or any loss or damage of any kind incurred as a result of the use of the Ranking(s).

All rankings developed and posted by FishingBooker are derived by virtue of FishingBooker 's independent judgment, analysis, and objective criteria. By developing and posting such rankings, FishingBooker makes no representations or warranties as to the accuracy or factual basis of the rankings. Users of the rankings hereby acknowledge and agree to perform their own due diligence in order to come to well-informed decisions of their own. The Users hereby acknowledge that the rankings are to be used as an instrument in making such decisions but should not be viewed as an authoritative end-all to any evaluations.

FishingBooker may, in its advertising efforts on different platforms, including but not limited to Google, YouTube, Bing, and others, use terms including but not limited to top charters on particular destinations, best charters in specific destinations, and similar. In any advertising efforts, FishingBooker always refers to Vendors and listings listed on the FishingBooker marketplace, not to all existing Vendors offering charter fishing services in mentioned destinations.