Terms Of Service
Welcome to the www.asafishing.org™, www.fishamerica.org™, www.keepamericafishing.org™,
and www.icastfishing.org™ Web sites provided by the American Sportfishing Association and
IMPORTANT – THIS IS A LEGAL AGREEMENT BETWEEN YOU ("YOU" or the "USER") AND THE AMERICAN SPORTFISHING ASSOCIATION ("WE" or "ASA"). BEFORE DOWNLOADING, ACCESSING, OR USING ANY PART OF THE ASAFISHING.ORG, FISHAMERICA.ORG, KEEPAMERICAFISHING.ORG, OR ICASTFISHING.ORG SITES, YOU
SHOULD READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS CONTAINED IN THIS TERMS OF SERVICE AGREEMENT (the or this “TOS”) AS THEY GOVERN YOUR ACCESS TO AND USE OF THESE WEB SITES AND ANY PROGRAMS, SERVICES,PRODUCTS, MATERIALS, OR INFORMATION AVAILABLE THROUGH THESE SITES OR
USED IN CONNECTION THEREWITH, INCLUDING, WITHOUT LIMITATION, THE ASA NEWSLETTERS AND PUBLICATIONS (these Web sites and their associated programs, services, materials, and information are referred to herein on a collective basis as the or this “SITE”). ALTHOUGH NOT EVERY SITE WILL HAVE SAME FUNCTIONALITY, THE FOLLOWING TERMS AND CONDITIONS WILL GOVERN EACH SITE. ASA IS WILLING TO LICENSE THE USE OF THIS SITE AND PROVIDE THE RELATED PROGRAMS, SERVICES, MATERIALS, AND INFORMATION TO YOU ONLY ON THE CONDITION THAT YOU ACCEPT AND AGREE TO ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS TOS. IF YOU DO NOT AGREE WITH THIS TOS, YOU ARE NOT GRANTED PERMISSION TO ACCESS OR OTHERWISE USE THIS SITE AND ARE INSTRUCTED TO EXIT THIS SITE IMMEDIATELY.
TERMS AND CONDITIONS
1. LICENSE GRANT. This Site is provided by ASA as an information resource, and this TOS provides to you a personal, revocable, limited, non-exclusive, royalty-free, nontransferable license to use this Site conditioned on your continued compliance with the terms and conditions of this TOS. You may print and download materials and
information from this Site solely for your personal use, provided that all hard copies contain all copyright and other applicable notices contained in such materials and information. If you are using the Site on behalf of a business, association, or other entity, please note that such business, association, or entity may have a separate agreement with ASA. Nevertheless, your use of the Site will be subject to the terms and conditions of this TOS.
2. RESTRICTIONS. Notwithstanding the foregoing, you may not modify, translate, decompile, create derivative work(s) of, copy, distribute, disassemble, broadcast, transmit, publish, remove or alter any proprietary notices or labels, license, sublicense, transfer, sell, mirror, frame, exploit, rent, lease, private label, grant a security interest
in, or otherwise use in any manner not expressly permitted herein the Site. Specifically, and by way of illustration and not limitation, you may not separate and use any graphics, photographs, or other audio, visual, or video elements from the accompanying text or material without the prior express written permission of ASA
and/or its licensor(s). Moreover, you may not (i) use any "deep link," "page scrape," "robot," "spider," or other automatic device, program, script, algorithm, or methodology, or any similar or equivalent manual process, to access, acquire, copy, or monitor any portion of this Site or in any way reproduce or circumvent the navigational
structure or presentation of this Site to obtain or attempt to obtain any materials, documents, or information through any means not purposely made available through the Site, (ii) attempt to gain unauthorized access to any portion or feature of this Site or any other systems or networks connected to this Site or to any ASA server or to any
of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means, (iii) probe, scan, or test the vulnerability of this Site or any network connected to the Site, nor breach the security or authentication measures on this Site or any network connected to the Site, (iv) reverse look-up, trace, or seek to trace any information on any other User of or visitor to the Site, (v) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of this Site or ASA's systems or networks or any systems or networks connected to the Site, (vi) use any device, software, or routine to interfere with the proper working of this Site or any transaction conducted on the Site, or with any other person's use of the Site, (vii) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise your identity or the origin of any message or transmittal you send to ASA on or through the Site, (viii) use the Site or any Forum (as such term is described below) to harvest or collect e-mail addresses or other contact information; or (ix) use this Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact ASA. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, INFORMATION, OR MATERIALS PROVIDED BY ASA TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED.
3. USER OBLIGATIONS. By downloading, accessing, or using this Site in order to view any information and materials, register or enter into a transaction with or through ASA for any reason, or submit information of any kind, you represent that you are at least eighteen (18) years of age or the legal age of majority and will, at all times, provide true, accurate, current, and complete information when submitting information or materials on this Site, including, without limitation, when you provide information via a Site registration or submission form. If you provide any false, inaccurate, untrue, or incomplete information, ASA reserves the right to terminate immediately your access to and use of this Site. In addition, you agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of this Site. You also acknowledge and agree that use of the Internet and access to this Site is solely at your own risk. While ASA has endeavored to create a secure and reliable Site, you should understand that the confidentiality of any communication or material transmitted to/from this Site over the Internet or other form of global communication network cannot be guaranteed. Accordingly, ASA is not responsible for the security of any information transmitted to or from the Site. You must make your own determination as to such issues.
4. ON-LINE-DONATIONS; SPECIFIC PROGRAMS; OTHER TERMS AND CONDITIONS. Additional notices, terms, and conditions may apply to donation programs, receipt of services, participation in a particular program, event, conference, training, or seminar, User registration with the Site and/or ASA, and/or to other specific portions or features of the Site, such as the Job Posting or Data & Statistics areas, all of which are made a part of this TOS by this reference. You agree to abide by such other notices, terms, and conditions. If there is a conflict between this TOS and the terms posted for or applicable to a specific portion of the Site, the latter terms shall control with respect to your use of that portion of the Site. ASA's obligations, if any, with respect to its services, programs, and/or products are governed solely by the terms, conditions, notices, and agreements pursuant to which they are provided, and nothing on this TOS should be construed to alter such terms, conditions, notices, and agreements.
5. DIRECTORY. ASA may make available through the Site an on-line directory of ASA member information (the "ASA Directory"). In addition to any other terms and conditions set forth in this TOS, you acknowledge and agree that the ASA Directory shall be used only for personal purposes and that any information of the ASA Directory shall not be further published, displayed, or made accessible. Accordingly, unless ASA has provided its prior written consent, you acknowledge and agree that the contents of the ASA Directory may not, in whole or in part, be reproduced, copied, disseminated, entered into a computer database, used as part of or in connection with a mailing list, or otherwise utilized, in any form or manner or by any means inconsistent with this TOS. You also acknowledge that a person or entity's listing in the ASA Directory represents only that such person or entity is registered with and/or an active member of ASA. ASA makes no further representations or warranties regarding any such person or entity (or the related information) listed in the ASA Directory, and any information made available through the ASA Directory is provided on an "AS-IS" and "AS-AVAILABLE" basis without warranty of any kind.
6. USER NAME HANDLING POLICY. Registration as a User for access to certain areas of this Site may require both a user name and a password. In such cases, only one User can use one user name and password and, thus, one account. By limiting access, it helps avoid unauthorized usage by other persons or entities because anyone with knowledge of both your user name and password can gain entry to the restricted portions of this Site and to your account. Accordingly, by using this Site, you agree to consider your user name and password as confidential information and to keep your user name and password confidential. You also agree not to use another User's user name and password. You will immediately notify ASA if you become aware of any loss or theft of your password or any unauthorized use of your user name and password. ASA cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations. ASA reserves the right to delete or change a user name or password at any time and for any reason.
9. FEEDBACK AND SUBMISSIONS. ASA welcomes your feedback and suggestions about ASA's programs or services or with respect to how to improve this Site. By transmitting any suggestions, information, material, or other content (collectively, “feedback”) to ASA, you represent and warrant that such feedback does not infringe or violate the intellectual property or proprietary rights of any third party (including, without limitation, patents, copyrights, or trademark rights) and that you have all rights necessary to convey to ASA and enable ASA to use such feedback. In addition, any feedback received through this Site will be deemed to include a royalty-free, perpetual, irrevocable, transferable, non-exclusive right and license for ASA to adopt, publish, reproduce, disseminate, transmit, distribute, copy, use, create derivative works, and display (in whole or in part) worldwide, or act on such feedback without additional approval or consideration, in any form, media, or technology now known or later developed for the full term of any rights that may exist in such content, and you hereby waive any claim to the contrary.
10. THIRD-PARTY PRODUCTS/SERVICES. ASA, in its sole discretion, may feature and/or post the advertisements of third parties on this Site and/or feature materials, programs, products, and services provided by third parties. ASA makes no representations with respect to, nor does it guarantee or endorse, the quality, noninfringement, accuracy, completeness, timeliness, reliability, or correct sequencing of such third-party materials, programs, products, and services or any other materials, programs, products, and services which such third-party materials, products, and services may access. Your correspondence or any other dealings with third parties found on this Site are solely between you and such third party. Accordingly, ASA expressly disclaims responsibility and liability for all third-party provided materials, programs, products, and services contained on or accessed through the Site, and you agree that ASA shall not be responsible for any loss or damage of any sort incurred as a result of any such dealings or as the result of the presence of such third parties on this Site.
11. LINKS TO OTHER SITES. ASA may provide links, in its sole discretion, to other sites on the World Wide Web for your convenience in locating or accessing related information, products, and/or services. These sites have not necessarily been reviewed by ASA and are maintained by third parties over which ASA exercises no control. Accordingly, ASA expressly disclaims any responsibility for the content, the materials, the accuracy of the information, and/or the quality of the products or services provided by, available through, or advertised on these third-party Web sites. Moreover, these links do not imply an endorsement with respect to any third party or any Web site or the products or services provided by any third party.
12. LINKING TO THE SITE; THE ASA LOGO. For its members, volunteers, and affiliates, ASA encourages and permits text links to this Site and, in particular, by way of the use of a specific ASA logo(s) (the "ASA Logo"), which may change from time to time at ASA's sole discretion. Accordingly, pursuant to the terms and conditions of this TOS, ASA hereby grants to you a personal, revocable, non-transferable, and nonsublicenseable right and license to use the ASA Logo to link to this Site or to identify yourself or your entity as a member, volunteer, or affiliate with the ASA so long as your status with ASA is current and in good standing and only so long as you do not use the ASA Logo in a manner that discredits, tarnishes, harms, or damages ASA, ASA's programs or services, or ASA's goodwill. The ASA Logo may not be revised or altered in any way, and must be displayed in the same form as produced by ASA. The official colors of the ASA Logo are PMS 293 and 354, and the ASA Logo must be printed in the official colors or in black/white. However, any links to this Site or any other use of the ASA Logo should not be done in an unlawful manner or in a way that suggests that ASA promotes or otherwise endorses any politician or any products, services, programs, causes, campaigns, Web sites, or information unless ASA has provided prior written consent for such promotion or endorsement. Moreover, the ASA Logo may never be used in such circumstances independent of the term "member," "volunteer," or "affiliate" (as applicable). Any use of the ASA Logo, as permitted by this TOS, shall not create or convey any additional rights and shall not suggest or imply a mischaracterization of the relationship with ASA. You acknowledge and agree that this TOS permits only a limited right to use the ASA Logo and that all other rights in the ASA Logo are hereby reserved by and to ASA. As a condition to this license, you may not frame any link to this Site, and you acknowledge and agree that ASA has the right to request samples of use of the ASA Logo in order to ensure compliance with this TOS. The failure to comply with this TOS shall result in immediate termination of any right to use the ASA Logo and may result in termination of your member, volunteer, or affiliation status with ASA.
13. DISCLAIMER. WHILE ASA ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON OR THROUGH THIS SITE ARE PROVIDED ON AN "ASIS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. MOREOVER, ASA MAY MAKE MODIFICATIONS AND/OR CHANGES IN THIS SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, PRODUCTS, SOFTWARE, AND MATERIALS AVAILABLE ON THIS SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THIS SITE. ASA MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THIS SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER THE UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE. ASA ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THIS SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY MESSAGE, FILE, AND/OR INFORMATION WILL BE STORED, ARCHIVED, OR DOWNLOADED FROM THE SITE IN A MANNER FREE OF VIRUSES OR CONTAMINATION OR OTHER DESTRUCTIVE FEATURES.
14. LIMITATION OF LIABILITY. Use of this Site is at your sole risk. You expressly absolve and release ASA from any claim of harm resulting from a cause beyond ASA's control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. MOREOVER, AND TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL ASA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE, WITH THE DELAY OR INABILITY TO USE THIS SITE, UNAUTHORIZED ACCESS OR USE TO ANY TRANSMISSIONS OR DATA, THE COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE THROUGH THIS SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF ASA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, TOTAL LIABILITY OF ASA FOR ANY REASON WHATSOEVER RELATED TO USE OF THIS SITE SHALL NOT EXCEED THE TOTAL AMOUNT PAID BY YOU TO ASA IN CONNECTION WITH THE SUBJECT MATTER OF THE PARTICULAR DISPUTE OR $100 (US), WHICHEVER IS LESS.
15. INDEMNITY. You agree to defend, indemnify, and hold harmless ASA and affiliates and all of their respective employees, agents, directors, officers, shareholders, attorneys, successors, and assigns from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs, and expenses (including reasonable attorneys’ fees and litigation expenses) relating to or arising from any breach by you of this TOS.
16. GOVERNING LAW. This TOS has been made in and will be construed and enforced in accordance with the laws of the Commonwealth of Virginia as applied to agreements entered into and completely performed in the Commonwealth of Virginia. You agree to the personal jurisdiction by and venue in the state and federal courts in the Commonwealth of Virginia and waive any objection to such jurisdiction or venue. Any claim you might have against ASA must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. ASA makes no representation that this Site is appropriate or available for use in other locations, and access to this Site from territories or nations where any aspect of this Site is illegal is prohibited. You access this Site on your own volition and are responsible for compliance with all applicable local laws with respect to your access and use of this Site. A printed version of this TOS and of any related notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this TOS to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Please contact ASA if you wish to receive a printed copy of this TOS. In any legal proceeding brought by ASA, ASA shall have the right to seek and be awarded all reasonable attorneys' fees and costs in addition to any other relief, at law or in equity, to which ASA may be entitled.
17. ENFORCING SECURITY ON THE SITE. Actual or attempted unauthorized use of this Site may result in criminal and/or civil prosecution, including, without limitation, punishment under the Computer Fraud and Abuse Act of 1986 under U.S. federal law. ASA reserves the right to view, monitor, and record activity on this Site without notice or permission from you, including, without limitation, by archiving notices or communications sent by you through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. ASA will also comply with all court orders or subpoenas involving requests for such information. In addition to the foregoing, ASA reserves the right to, at any time and without notice, modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of this Site in order to protect the Site, ASA, or ASA's business. Moreover, as a member, volunteer, or affiliate with ASA, you acknowledge and agree that violations of this TOS may result in a revocation or suspension of your member, volunteer, or affiliation status with ASA.
18. INJUNCTIVE RELIEF. You acknowledge that any breach, threatened or actual, of this TOS will cause irreparable injury to ASA, such injury would not be quantifiable in monetary damages, and ASA would not have an adequate remedy at law. You therefore agree that ASA shall be entitled, in addition to other available remedies, to seek and be awarded an injunction or other appropriate equitable relief from a court of competent jurisdiction restraining any breach, threatened or actual, of your obligations under any provision of this TOS. Accordingly, you hereby waive any requirement that ASA post any bond or other security in the event any injunctive or equitable relief is sought by or awarded to ASA to enforce any provision of this TOS.
19. TERM AND TERMINATION. This TOS will take effect at the moment you click “I ACCEPT”, register, respond to a request for information, and/or begin downloading, accessing, or using this Site, whichever is earliest. ASA reserves the right at any time and on reasonable grounds, which shall include, without limitation, any reasonable belief of fraudulent or unlawful activity or actions or omissions that violate any term or condition of this Agreement, to deny your access to this Site or to any portion thereof in order to protect its name and goodwill, its business, and/or other Users, and this TOS will also terminate automatically if you fail to comply with its terms and conditions, subject to the survival rights of certain provisions identified below. Termination will be effective without notice. You may also terminate this TOS at any time by ceasing to use the Site, but all applicable provisions of this TOS will survive termination, as identified below. Upon termination, you must destroy all copies of any aspect of this Site in your possession. The provisions concerning ASA's proprietary rights, feedback and submissions, indemnity, disclaimers of warranty and liability, admissibility of this TOS, waiver and severability, entire agreement, and governing law will survive the termination of this TOS for any reason.
20. WAIVER & SEVERABILITY. Failure to insist on strict performance of any of the terms and conditions of this TOS will not operate as a waiver of any subsequent default or failure of performance. No waiver by ASA of any right under this TOS will be deemed to be either a waiver of any other right or provision or a waiver of that same right or provision at any other time. If any part of this TOS is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and the liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most clearly matches the intent of the original provision and the remainder of this TOS shall continue in effect.
22. QUESTIONS. If you (i) have questions or comments regarding this Site, (ii) are interested in obtaining more information concerning ASA and its programs or services, (iii) want permission to use any ASA content, or (iv) are aware of or wish to report misuse of the Site or ASA materials by any person or entity, please contact ASA.