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Terms and Conditions

Agreement between User and www.guideshareangler.com

Welcome to www.guideshareangler.com. The www.guideshareangler.com website (the “Site”) is comprised of various web pages operated by GuideShareAngler, LLC (“GuideShareAngler” or “GSA”), an Indiana company with its principle location at 3737 Shafer Circle, Carmel, IN 46033.  www.guideshareangler.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.guideshareangler.com constitutes your agreement to all such Terms including our Privacy Policy (https://www.guideshareangler.com/privacy-policy). Please read these terms carefully and keep a copy of them for your reference.

 

Definitions:

  • A “Trip” is a guided fishing experience.
  • A “Listing” is a published offer to sell a Seat on a Trip.
  • A “Seat” is an open spot for sale on a Trip.
  • Users who publishing Listings are “Sellers”.
  • Users who purchase Listings are “Buyers”.
  • A “Guide” is a 3rd party who provides the Trip.

 

Scope of Services:

www.guideshareangler.com is an E-Commerce online angler to angler marketplace enabling registered Users to meet online to publish and purchase Listings for sale.  You must register an account to access and use certain features of GSA, such as publishing or purchasing a Listing or posting Reviews.  In order to publish a Listing, a Seller must pre-arrange a fishing trip with a Guide.   Sellers may then publish a Listing to sell any empty Seats on the pre-arranged Trip.    

 

IT IS THE SOLE RESPONSIBILITY OF THE SELLER TO CHECK WITH THE GUIDE BEFORE PUBLISHING A LISTING TO GAIN APPROVAL TO ADD ANGLERS TO A TRIP.   We have no liability and expressly disclaim any liability in relation to the performance of Guide or in the case where the Guide does not allow the Buyer to join the Trip.  Any issues with Guide performance should be addressed directly with the Guide.   

 

Sellers may set their own price per Seat for their Listing.  GuideShareAngler applies a Service Fee to the price per Seat set by Seller.  This fee allows us to run our platform and provide services such as phone and email support.  The total price (Seller’s price per seat plus the GSA Service Fee) is displayed at checkout.  Buyers pay the full amount of the trip (price per seat set by Seller plus the Service Fee to GuideShareAngler to reserve their Seat. 

 

GSA does not pay the Guide.  It is the responsibility of the Seller to pay the Guide for any balance due.  GuideShareAngler will reimburse the Seller via a physical check for the price per Seat after the trip is completed.  Checks are cut, typically, within 3 business days. 

 

Sellers alone are responsible for the accuracy of their Listings.  GuideShareAngler acts only in the capacity of an intermediary between Buyers and Sellers and has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other content posted by Users of GSA, or (iii) the performance or conduct of any User or Guide. 

 

Once a Seat is sold, GSA will email both the Seller and Buyer that the Seat has been reserved by the Buyer and confirm Trip details.  If you believe one or more details are not correct, please contact us. GSA accepts no liability for any injury to persons, or any loss or damage to property caused by errors or omissions in the data displayed, whether they result from negligence, accident or any other cause.

 

Electronic Communications

Visiting www.guideshareangler.com or sending emails to GuideShareAngler constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email, text message (message and data rates may apply), and on the Site, satisfy any legal requirement that such communications be in writing.  You consent to allow GSA to share your contact information (email and cell phone) with the other angler (who may be the Buyer or Seller).  This is to ensure good communication between Buyers and Sellers such as to clarify important details about the Trip with each other prior to the Trip departure date.    

 

Your Account

Upon registration, Users are encouraged to create an Account (My Account in the main menu).  You have the option to create a personal Profile which provides additional information about you that is viewable by other Users on GSA.  Your email and cell phone information is not displayed publicly on your Profile.   Your email and cell phone information is shared only with the Buyer or Seller of a Trip.  GSA takes many precautions to protect your personal data (see our Privacy Policy).  You are responsible for maintaining the confidentiality of your password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that GuideShareAngler is not responsible for third party access to your account that results from theft or misappropriation of your account. GuideShareAngler and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. GuideShareAngler may take action including terminating accounts of Users who bypass the system by making direct arrangements with other Users for Listings. 

 

Eighteen Years and Older

You must be 18 years of age or older to buy and sell Seats on www.guideshareangler.com.  By using www.guideshareangler.com, 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 buy and sell Seats on the www.guideshareangler.com website. GuideShareAngler does not knowingly collect, either online or offline, personal information from persons under the age of eighteen.

 

Cancellation/Refund Policy

GuideShareAngler (GSA) collects the price per Seat set by the Seller and a Service Fee from Buyers to reserve the Trip. This Service Fee allows us to run our platform and offer services such as customer support.  


1) Guide Cancellations:

  1. If your Guide cancels the Trip the Buyer will receive a full refund for the price per Seat and the Service Fee.
  2. Buyer must show proof the Trip was cancelled by the Guide.

2) Buyer Cancellations:

  1. Inside of 3 days – cancellations within 3 days of Trip: no refunds will be allowed. The reason for this is to give the Seller time to resell the Seat to another Buyer.
  2. Outside of 3 days – cancellations 4 days or more of Trip: Buyer will receive a full refund for the price per Seat and the Service Fee.

3) Seller cancellations:

  1. Inside of 3 days – Sellers may not cancel Trips within 3 days of Trip
  2. Outside of 3 days – cancellations 4 days or more of Trip: Buyer will receive a full refund for the price per Seat and the Service Fee.

4) No shows:

  1. Seller no show: Buyer will receive a full refund for GSA will refund for the price per Seat and the Service Fee.
  2. Buyer no show: Seller will receive full payment for the price per Seat. No refund will be given to the Buyer.      

5) Valid Cancellations

  1. Any cancellation request must be sent to us in writing to GSA Support and will not take effect until received by us. 
  2. Cancellations received after the trip date will not be honored.
  3. GuideShareAngler, at its own discretion, may deny cancellation requests if we discover the purpose of the cancellation was to bypass the services provided by GuideShareAngler and purchase the Trip directly from the Seller.  Buyers and Sellers who engage in this activity may be permanently restricted from using the Website.  

 

GSA is not responsible for any incidental expenses or consequential losses that you may have incurred as a result of the cancelled booking such as vaccinations, visas, non-refundable flights or rail, non-refundable car parking or other fees, or loss of earnings, etc.

 

Release of Liability

You agree to observe and obey all posted rules and warnings by your Guide, and further agree to follow any oral or written instructions or directions given by your Guide, or the employees, representatives or agents of your Guide.

 

You recognize that there are certain inherent risks associated with Trips and you assume full responsibility for personal injury to yourself and (if applicable) your family members, and further release and discharge GuideShareAngler for injury, loss or damage arising out of your or your family’s use of or presence upon the facilities your Guide, whether caused by the fault of yourself, your family, GuideShareAngler or other third parties.

 

Links to Third Party Sites/Third Party Services

www.guideshareangler.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of GuideShareAngler and GuideShareAngler is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. GuideShareAngler is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by GuideShareAngler of the site or any association with its operators.

 

Certain services made available via www.guideshareangler.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.guideshareangler.com domain, you hereby acknowledge and consent that GuideShareAngler may share such information and data with any third party with whom GuideShareAngler has a contractual relationship to provide the requested product, service or functionality on behalf of www.guideshareangler.com users and customers.

 

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use www.guideshareangler.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to GuideShareAngler that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

 

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of GuideShareAngler or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

 

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. GuideShareAngler content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of GuideShareAngler and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of GuideShareAngler or our licensors except as expressly authorized by these Terms.

 

Use of Communication Services

The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, reviews, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

 

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

GuideShareAngler has no obligation to monitor the Communication Services. However, GuideShareAngler reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. GuideShareAngler reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

GuideShareAngler reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in GuideShareAngler’s sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. GuideShareAngler does not control or endorse the content, messages or information found in any Communication Service and, therefore, GuideShareAngler specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized GuideShareAngler spokespersons, and their views do not necessarily reflect those of GuideShareAngler.

 

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

 

Materials Provided to www.guideshareangler.com or Posted on Any GuideShareAngler Web Page

GuideShareAngler does not claim ownership of the materials you provide to www.guideshareangler.com (including feedback and suggestions) or post, upload, input or submit to any GuideShareAngler Site or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing or submitting your Submission you are granting GuideShareAngler, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

 

No compensation will be paid with respect to the use of your Submission, as provided herein. GuideShareAngler is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in GuideShareAngler’s sole discretion.

 

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

 

Third Party Accounts

You will be able to connect your GuideShareAngler account to third party accounts. By connecting your GuideShareAngler account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

 

Insurance and Safety 
You agree to properly insure yourself and all other members of your party, including infants and children. GSA is not liable for any costs you incur as a result of not being adequately insured including travel to and from destinations.  

 

International Users

The Service is controlled, operated and administered by GuideShareAngler from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the GuideShareAngler Content accessed through www.guideshareangler.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.

 

Indemnification

You agree to indemnify, defend and hold harmless GuideShareAngler, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. GuideShareAngler reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with GuideShareAngler in asserting any available defenses.

 

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in Marion County, Indiana. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.

 

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and GuideShareAngler agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

 

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. GUIDESHAREANGLER, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

 

GUIDESHAREANGLER, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. GUIDESHAREANGLER, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GUIDESHAREANGLER, LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF GUIDESHAREANGLER, LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.

 

Termination/Access Restriction

GuideShareAngler reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Indiana and you hereby consent to the exclusive jurisdiction and venue of courts in Marion County, Indiana in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and GuideShareAngler as a result of this agreement or use of the Site. GuideShareAngler’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of GuideShareAngler’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by GuideShareAngler with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

 

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and GuideShareAngler with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and GuideShareAngler with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

 

Changes to Terms

GuideShareAngler reserves the right, in its sole discretion, to change the Terms under which www.guideshareangler.com is offered. The most current version of the Terms will supersede all previous versions. GuideShareAngler encourages you to periodically review the Terms to stay informed of our updates.

 

Contact Us

GuideShareAngler welcomes your questions or comments regarding the Terms:

 

GuideShareAngler, LLC

Email Address:

[email protected]

 

Telephone number:

765-351-5298

 

Effective as of May 31, 2019

 

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