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Pierfishing.com Terms Of Service

ACCEPTANCE OF TERMS
Pier Fishing in California (Pierfishing.com) provides its service to you, subject to the following Terms of Service, which may be updated by us from time to time without notice to you. All persons accessing Pierfishing.com agree to the following:

PIERFISHING.COM'S PROPRIETARY RIGHTS
Material on this site is the copyrighted property of Ken Jones and Pierfishing.com. All rights reserved. The information and images presented here may not under any circumstances be reproduced or used without prior written permission. Users may view and download material from this site only for the following purposes: (a) for personal, non-commercial home use; (b) where the materials clearly state that these materials may be copied and reproduced according to the terms stated in those particular pages; or (c) with the express written permission of Ken Jones and Pierfishing.com. In all other cases, you will need written permission from Ken Jones and Pierfishing.com to reproduce, republish, upload, post, transmit, distribute or publicly display material from this website.

All Pierfishing.com logos, graphics, and pictures, as well as textual excerpts from Pier Fishing in California (Volumes I and II) are Trade Marks of Ken Jones and Pierfishing.com.

Written authorization must be obtained by Ken Jones and Pierfishing.com to directly link to any logo, graphic, picture, page, information or writing contained on this site.

USER CONDUCT
Users agree not to use the site for sale, trade or other commercial purposes. Users may not use language that is threatening, abusive, vulgar, discourteous or criminal. Users may not post or transmit information or materials that would violate rights of any third party or which contains a virus or other harmful component. Ken Jones and Pierfishing.com reserves the right to remove or edit any messages or material submitted by users.

You acknowledge that Pierfishing.com does not pre-screen content, but that Pierfishing.com and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via this web site. Without limiting the foregoing, Pierfishing.com and its designees shall have the right to remove any content that violates the Terms Of Service or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content. In this regard, you acknowledge that you may not rely on any content created by Pierfishing.com or submitted to Pierfishing.com, including without limitation information in Pierfishing.com's Message Boards and in all other parts of the web site.

Ken Jones and Pierfishing.com is not responsible for material submitted to this site or posted in chatrooms, bulletin boards or message boards by site users. By communicating with this site, however, users grant Ken Jones and Pierfishing.com permission to use any information, suggestions, ideas, drawings or concepts communicated for any use Ken Jones and Pierfishing.com chooses, commercial, public or otherwise, without compensation whatsoever.

PIERFISHING.COM'S PRIVACY POLICY
Registration Data and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at http://www.pierfishing.com/privacy.html

INDEMNITY
You agree to indemnify and hold Pierfishing.com, and its founders and staff, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of content you submit, post, transmit or make available through the web site, your use of the web site, your connection to the web site, your violation of the Terms Of Service, or your violation of any rights of another.

 Under no circumstances, including but not limited to negligence, will Ken Jones and Pierfishing.com be liable for special or consequential damages that result from the use or inability to use the materials in this site. In no event shall Ken Jones and Pierfishing.com liability to a user for any loss, damage or claim exceed the amount paid by the user for accessing this site.

This agreement is effective until terminated by either party. You may terminate this agreement at any time by discontinuing your use of the Pierfishing.com site and destroying all materials obtained from it.

DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PIERFISHING.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. PIERFISHING.COM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PIERFISHING.COM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.

LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PIERFISHING.COM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PIERFISHING.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.