General Terms & Conditions and Online Course Terms of Use
Hey Skipper, LLC Web Services including but not limited to https://www.heyskipperfishing.com
Terms & Conditions
Access to and use of ‘heyskipperfishing.com’ (including any on-line courses, training material and tutorials) (‘the Service’) within the US, UK and internationally is provided by Hey Skipper. LLC (‘we’, ‘us’ or ‘our’) on the following Terms and Conditions.
By using the Service you agree to be bound by these Terms and Conditions, which shall take effect immediately on your first use of the Service. If you do not agree to be bound by all of the following Terms and Conditions please do not access, use and/or contribute to the Service.
1. Use of the Service
1. You agree to use the Service only for lawful purposes. You may not use the Service or any part of it for commercial purposes.
2. You must only use the Service in a way that does not infringe the rights of, restrict or inhibit anyone else’s use and enjoyment of heyskipperfishing.com. Prohibited behavior includes harassing or causing distress or inconvenience to any person, transmitting obscene or offensive content or disrupting the normal flow of dialogue within the Service.
3. We operate a ‘fair use’ policy to protect the quality of service to our users. If we believe you are using excessive bandwidth or your use of the Service is adversely affecting our network (or any part of it) or our other users we reserve the right to manage or regulate your usage of the Service. This may include temporarily suspending your user account.
2. Amendments
1. Hey Skipper, LLC reserves the right to make change to these Terms and Conditions from time to time and so you should check these Terms and Conditions regularly. Your continued use of the Service will be deemed acceptance of the updated or amended Terms and Conditions. If you do not agree to the changes, you should cease using the Service.
2. If there is any conflict between these Terms and Conditions and specific local terms appearing elsewhere on the Service (including community rules) then the latter shall prevail.
3. Registration
1. In order to participate in and contribute to heyskipperfishing.com courses and communities you may be required to register with heyskipperfishing.com. Any personal information supplied to heyskipperfishing.com as part of this registration process and/or any other interaction with heyskipperfishing.com will be collected, stored and used in accordance with Hey Skipper, LLC’s Privacy Policy.
2. To register on this website, enter the contest, or purchase a product you must be over 18 years of age unless you have the explicit permission of your parent or guardian.
3. You must ensure that the details provided by you on registration or at any time are correct and complete.
4. You must inform us immediately of any changes to the information that you provided when registering by updating your personal details in order that we can communicate with you effectively.
5. All user accounts must be registered with a valid personal email address that you access regularly so that moderation emails can be sent to you. Accounts registered with someone else’s email address, or with temporary email addresses may be closed without notice. We may require users to re-validate their account if we believe they have been using an invalid email address.
6. You must keep your password and user name confidential and not disclose them or share them with anyone. If you know or suspect that someone else knows your password you should notify us by contacting support@heyskipperfishing.com immediately.
7. If Hey Skipper, LLC has reason to believe that there is likely to be a breach of security or misuse of the website, we may require you to change your password or we may suspend your account.
8. Hey Skipper, LLC reserves the right to close accounts if any user is seen to be using proxy IPs (Internet Protocol addresses) in order to attempt to hide the use of multiple accounts, or disrupts any of our services in any way.
9. If you use multiple logins for the purpose of disrupting a community or annoying other users you may have action taken against all of your accounts.
4. Intellectual property
1. All copyright, trade marks, design rights, patents and other intellectual property rights (registered and unregistered) in and on Service and all content (including all applications and materials) located on or available through the Service shall remain vested in Hey Skipper, LLC.
2. You must not copy, reproduce, republish, disassemble, decompile, reverse engineer, download, post, broadcast, transmit, make available to the public, or otherwise use heyskipperfishing.com content in any way except for your own personal, non-commercial use. You also agree not to adapt, alter or create a derivative work from any heyskipperfishing.com content except for your own personal, non-commercial use. Any other use of heyskipperfishing.com content requires the prior written permission of Hey Skipper, LLC.
3. The names, images and logos identifying Hey Skipper, LLC or third parties and their products and services are subject to copyright, design rights and trade marks of Hey Skipper, LLC and/or third parties. Nothing contained in these Terms and Conditions shall be construed as conferring any license or right to use any trade mark, design right or copyright of Hey Skipper, LLC or any other third party.
5. Availability of the Service
1. Although we aim to offer you the best service possible, we make no promise that the services available at heyskipperfishing.com will meet your requirements. We cannot guarantee that the Service will be fault-free. If a fault occurs with the Service you should report it to info@heyskipperfishing.com and we will attempt to correct the fault as soon as possible.
2. Your access to the Service may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the Service as soon as we reasonably can.
6. Hey Skipper, LLC reserves the right to suspend or cancel your registration
1. We may suspend or cancel your registration immediately at our reasonable discretion or if you breach any of your obligations under these Terms and Conditions.
2. You can cancel your registration at any time by informing us in writing at info@heyskipperfishing.com If you do so, you must stop using the Service.
3. The suspension or cancellation of your registration and your right to use the Service shall not affect either party’s statutory rights or liabilities.
7. Disclaimers and limitation of liability
1. ALL CONTENT PROVIDED ON OR THROUGH THE SERVICE, INCLUDING THE INFORMATION, NAMES, IMAGES, PICTURES, LOGOS AND ICONS REGARDING OR RELATING TO HEY SKIPPER,LLC , ITS PRODUCTS AND SERVICES (OR TO THIRD PARTY PRODUCTS AND SERVICES), IS PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. TO THE EXTENT PERMITTED BY LAW, HEY SKIPPER, LLC EXCLUDES ALL REPRESENTATIONS AND WARRANTIES (WHETHER EXPRESS OR IMPLIED BY LAW), INCLUDING THE IMPLIED WARRANTIES OF SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, COMPATIBILITY, SECURITY AND ACCURACY. HEY SKIPPER, LLC DOES NOT GUARANTEE THE TIMELINESS, COMPLETENESS OR PERFORMANCE OF ANY ASPECT OF THE SERVICE OR ANY OF ITS CONTENT. WHILE WE TRY TO ENSURE THAT ALL CONTENT PROVIDED BY HEY SKIPPER, LLC IS CORRECT AT THE TIME OF PUBLICATION NO RESPONSIBILITY IS ACCEPTED BY OR ON BEHALF OF HEY SKIPPER, LLC FOR ANY ERRORS, OMISSIONS OR INACCURATE CONTENT ON THE SERVICE.
2. NOTHING IN THESE TERMS AND CONDITIONS LIMITS OR EXCLUDES HEY SKIPPER, LLC LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY ITS PROVEN NEGLIGENCE. SUBJECT TO THE PREVIOUS SENTENCE, NEITHER HEY SKIPPER, LLC NOR ANY OF ITS OFFICERS OR EMPLOYEES SHALL BE LIABLE FOR ANY OF THE FOLLOWING LOSSES OR DAMAGES (WHETHER SUCH DAMAGE OR LOSSES WERE FORESEEN, FORESEEABLE, KNOWN OR OTHERWISE): (A) LOSS OF DATA; (B) LOSS OF REVENUE OR ANTICIPATED PROFITS; (C) LOSS OF BUSINESS; (D) LOSS OF OPPORTUNITY OR ANTICIPATED SAVINGS; (E) LOSS OF GOODWILL OR INJURY TO REPUTATION; (F) LOSSES SUFFERED BY THIRD PARTIES; OR (G) ANY INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES ARISING FROM THE USE OF THE SERVICE REGARDLESS OF THE FORM OF ACTION.3. HEY SKIPPER, LLC DOES NOT WARRANT THAT FUNCTIONS AVAILABLE ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR BUGS. YOU ACKNOWLEDGE THAT IT IS YOUR RESPONSIBILITY TO IMPLEMENT SUFFICIENT PROCEDURES AND VIRUS CHECKS (INCLUDING ANTI-VIRUS AND OTHER SECURITY CHECKS) TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR THE ACCURACY OF DATA INPUT AND OUTPUT.
11. Applicable law
1. These Terms and Conditions will be subject to the laws of United States. We will try to solve any disagreements quickly and efficiently.
12. International use
1. We make no promise that materials available on or through the Service are appropriate or available for use in locations outside the United States, and accessing the Service from territories where its contents are illegal or unlawful is prohibited. If you choose to access the Service from locations outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
13. Miscellaneous
1. If any of these Terms and Conditions are determined to be illegal, invalid or otherwise unenforceable by reason of the laws of any state or country in which these Terms and Conditions are intended to be effective, then to the extent and within the jurisdiction in which that term is illegal, invalid or unenforceable, it shall be severed and deleted from these Terms and Conditions and the remaining Terms and Conditions shall survive and continue to be binding and enforceable.
2. You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected.
3. If you breach these Terms and Conditions and Hey Skipper, LLC chooses to ignore this, we will still be entitled to use our rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
4. Hey Skipper, LLC shall not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
14. Publicity
1. The Service is owned and operated by Hey Skipper, LLC
If you have any inqueries please contact info@heyskipperfishing.com If there are any questions regarding these terms, you may contact us using the information below.
Hey Skipper
450 State Road 13 North
Suite 106, PMB 208
Saint Johns, FL 32259
info@heyskipperfishing.com
Online Course – Terms of Use
These terms relate to the paid-for on-line training services supplied to you through the heyskipperfishing.com website (the “Online Course Service(s)”) and should be read in conjunction with our General Terms & Conditions above which shall also apply save where they are inconsistent with these terms.
1. Prices and payment
1. Your order is an offer to purchase Online Course Services from us. The Online Course Service will be made available to you once your payment has been authorized and the course session has started. There will be no contract of any kind between you and us unless and until you make authorized payment for the Online Course Service. At any point up until then, we may decline to supply the Online Course Service to you without giving any reason.
2. The fee for the Online Course Service is calculated and payable in advance of the course start date as set out on heyskipperfishing.com. The Company shall be under no obligation to provide the Online Course Service until the fee has been paid.
3. Your credit/ debit card details are not handled by Hey Skipper, LLC. All payment and all credit card handling is through the third party, Stripe. We do not store any credit card details. Authority for payment must be given at the time of placing your order.
2. Delivery
1. Within 48 hours of purchase (during the working week), a confirmation email will be sent to the customer acknowledging payment and successful enrollment in the course or recieve course materials for study.
2. Within one week before the announced course start date customer will be will be notified by email of an online URL where the course materials will be located. Customers will be required to create a username and password for logging into the site and accessing the course content.
3. Using the Online Course Service
1. Please read the description for the Online Course Service carefully before placing your order as refunds can only be received for the first 30 days after purchase. We give a 30 day guarantee and if you are not satisfied you can receive a full refund by contacting support@heyskipperfishing.com (see section 7 below).
2. Hey Skipper, LLC warrants that it has the right to provide the Online Course Service and will use all reasonable skill and care in making the Online Course Service available to you and in ensuring its availability. Because of the nature of the internet, errors and omissions do occur and Hey Skipper, LLC does not give any other warranties in respect of the Online Course Service.3. Hey Skipper, LLC is continually seeking to improve the Online Course Services. Hey Skipper, LLC reserves the right, at its discretion, to make changes to any part of any Online Course Service provided that it does not materially reduce its content or functionality.
3. In the event that Hey Skipper, LLC withdraws or is permanently unable to deliver a particular Online Course Service a partial refund will be given covering the portion of the course that remains undelivered.
4. Posting of content
1. Some Online Course Services allow you to post content to the heyskipperfishing.com website including asking questions about the course, posting completed assignments, and taking part in discussion boards.
2. All content which you provide or upload to our website shall be subject to the relevant provisions of our General Terms & Conditions.
5. Fair use policy
1. We operate a ‘fair use’ policy to protect the quality of our Online Course Services. If we believe your use of a Online Course Service is taking up excessive bandwidth or your use of a Online Course Service is adversely affecting the provision of the service (or any part of it) to other users, or other users’ enjoyment of the service, we reserve the right to manage or regulate your usage of the Online Course Service. This may include temporarily suspending your user account and/or access to the Online Course Service.
6. No commercial use
1. Subject to clause 4.2, all Online Course Services are available for non-commercial use only. Hey Skipper, LLC reserves the right to refuse orders from businesses that we consider are for commercial concerns. You may not re-sell or make available to any third party the Online Course Services without the prior written consent of Hey Skipper, LLC.
2. Subject to paying the applicable fees, universities and other teaching organizations are permitted to deliver the Online Course Service to their named students.
7. Cancellation and refunds
1. We give a 30 day guarantee and if you are not satisfied you can receive a full refund by contacting support@heyskipperfishing.com
2. Cancellation and refunds are available for subscribers to the Online Course Services only with 14 days of starting the course. If you need to request a refund for whatever reason please contact support@heyskipperfishing.com
3. Your access to the Online Course Service may be terminated by written notice if you are in material breach of these terms and the breach is not remedied within the period of 14 days after written notice of the breach has been given to you. If we reasonably believe your breach of these terms affects our lawful operation of the Online Course Service or third party customers we may suspend your access to the Online Course Service at any time.
10. Interpretation
1. In these terms “Hey Skipper, LLC”, “we”, “us” or “our” refers to Hey Skipper ,LLC
If you have any general inquiries please contact info@heyskipperfishing.com
If there are any questions regarding these terms and conditions, you may contact us using the information below.
SMS/MMS MOBILE MESSAGE MARKETING PROGRAM TERMS AND
CONDITIONS
Hey Skipper, LLC (hereinafter, “We,” “Us,” “Our”) is offering a mobile
messaging program (the “Program”), which you agree to use and participate in
subject to these Mobile Messaging Terms and Conditions and Privacy Policy (the
“Agreement”). By opting in to or participating in any of our Programs, you accept
and agree to these terms and conditions, including, without limitation, your
agreement to resolve any disputes with us through binding, individual-only
arbitration, as detailed in the “Dispute Resolution” section below. This
Agreement is limited to the Program and is not intended to modify other Terms
and Conditions or Privacy Policy that may govern the relationship between you
and Us in other contexts.
User Opt In: The Program allows Users to receive SMS/MMS mobile messages
by affirmatively opting into the Program, such as through online or
application-based enrollment forms. Regardless of the opt-in method you utilized
to join the Program, you agree that this Agreement applies to your participation in
the Program. By participating in the Program, you agree to receive autodialed or
prerecorded marketing mobile messages at the phone number associated with
your opt-in, and you understand that consent is not required to make any
purchase from Us. While you consent to receive messages sent using an
autodialer, the foregoing shall not be interpreted to suggest or imply that any or
all of Our mobile messages are sent using an automatic telephone dialing system
(“ATDS” or “autodialer”). Message and data rates may apply.
User Opt Out: If you do not wish to continue participating in the Program or no
longer agree to this Agreement, you agree to reply STOP, END, CANCEL,
UNSUBSCRIBE, or QUIT to any mobile message from Us in order to opt out of
the Program. You may receive an additional mobile message confirming your
decision to opt out. You understand and agree that the foregoing options are the
only reasonable methods of opting out. You also understand and agree that any
other method of opting out, including, but not limited to, texting words other than
those set forth above or verbally requesting one of our employees to remove you
from our list, is not a reasonable means of opting out.
Duty to Notify and Indemnify: If at any time you intend to stop using the mobile
telephone number that has been used to subscribe to the Program, including
canceling your service plan or selling or transferring the phone number to
another party, you agree that you will complete the User Opt Out process set
forth above prior to ending your use of the mobile telephone number. You
understand and agree that your agreement to do so is a material part of these
terms and conditions. You further agree that, if you discontinue the use of
your mobile telephone number without notifying Us of such change, you
agree that you will be responsible for all costs (including attorneys’ fees)
and liabilities incurred by Us, or any party that assists in the delivery of the
mobile messages, as a result of claims brought by individual(s) who are
later assigned that mobile telephone number. This duty and agreement shall
survive any cancellation or termination of your agreement to participate in any of
our Programs.
YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US
HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR
FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE
PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE
TELEPHONE CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR
SIMILAR STATE AND FEDERAL LAWS, AND ANY REGULATIONS
PROMULGATED THEREUNDER RESULTING FROM US ATTEMPTING TO
CONTACT YOU AT THE MOBILE TELEPHONE NUMBER YOU PROVIDED.
Program Description: Without limiting the scope of the Program, users that opt
into the Program can expect to receive messages concerning the marketing and
sale of [DESCRIBE COMPANY’S GOODS/SERVICE OFFERINGS – THIS
SHOULD BE BROAD AND GENERAL TO ENCOMPASS AND TYPE OF
MESSAGE YOU MAY SEND. MESSAGES OUTSIDE OF THIS SCOPE MAY
NOT BE ALLOWED UNDER THE TCPA].
Cost and Frequency: Message and data rates may apply. The Program
involves recurring mobile messages, and additional mobile messages may be
sent periodically based on your interaction with Us.
Support Instructions: For support regarding the Program, text “HELP” to
the number you received messages from or email us at [COMPANY’S
CUSTOMER SERVICE EMAIL ADDRESS]. Please note that the use of this
email address is not an acceptable method of opting out of the program. Opt
outs must be submitted in accordance with the procedures set forth above.
MMS Disclosure: The Program will send SMS TMs (terminating messages) if
your mobile device does not support MMS messaging.
Our Disclaimer of Warranty: The Program is offered on an “as-is” basis and
may not be available in all areas at all times and may not continue to work in the
event of product, software, coverage or other changes made by your wireless
carrier. We will not be liable for any delays or failures in the receipt of any mobile
messages connected with this Program. Delivery of mobile messages is subject
to effective transmission from your wireless service provider/network operator
and is outside of Our control. T-Mobile is not liable for delayed or undelivered
mobile messages.
Participant Requirements: You must have a wireless device of your own,
capable of two-way messaging, be using a participating wireless carrier, and be a
wireless service subscriber with text messaging service. Not all cellular phone
providers carry the necessary service to participate. Check your phone
capabilities for specific text messaging instructions.
Age Restriction: You may not use of engage with the Platform if you are under
thirteen (13) years of age. If you use or engage with the Platform and are
between the ages of thirteen (13) and eighteen (18) years of age, you must have
your parent’s or legal guardian’s permission to do so. By using or engaging with
the Platform, you acknowledge and agree that you are not under the age of
thirteen (13) years, are between the ages of thirteen (13) and eighteen (18) and
have your parent’s or legal guardian’s permission to use or engage with the
Platform, or are of adult age in your jurisdiction. By using or engaging with the
Platform, you also acknowledge and agree that you are permitted by your
jurisdiction’s Applicable Law to use and/or engage with the Platform.
Prohibited Content: You acknowledge and agree to not send any prohibited
content over the Platform. Prohibited content includes:
– Any fraudulent, libelous, defamatory, scandalous, threatening, harassing,
or stalking activity;
– Objectionable content, including profanity, obscenity, lasciviousness,
violence, bigotry, hatred, and discrimination on the basis of race, sex, religion,
nationality, disability, sexual orientation, or age;
– Pirated computer programs, viruses, worms, Trojan horses, or other
harmful code;
– Any product, service, or promotion that is unlawful where such product,
service, or promotion thereof is received;
– Any content that implicates and/or references personal health information
that is protected by the Health Insurance Portability and Accountability Act
(“HIPAA”) or the Health Information Technology for Economic and Clinical Health
Act (“HITEC” Act); and
– Any other content that is prohibited by Applicable Law in the jurisdiction
from which the message is sent.
Dispute Resolution: In the event that there is a dispute, claim, or controversy
between you and Us, or between you and 317 LABS, INC. or any other
third-party service provider acting on Our behalf to transmit the mobile messages
within the scope of the Program, arising out of or relating to federal or state
statutory claims, common law claims, this Agreement, or the breach, termination,
enforcement, interpretation or validity thereof, including the determination of the
scope or applicability of this agreement to arbitrate, such dispute, claim, or
controversy will be, to the fullest extent permitted by law, determined by
arbitration in Saint Johns, FL before one arbitrator.
The parties agree to submit the dispute to binding arbitration in accordance with
the Commercial Arbitration Rules of the American Arbitration Association (“AAA”)
then in effect. Except as otherwise provided herein, the arbitrator shall apply the
substantive laws of the Federal Judicial Circuit in which Hey Skipper’s
principle place of business is located, without regard to its conflict of laws rules.
Within ten (10) calendar days after the arbitration demand is served upon a party,
the parties must jointly select an arbitrator with at least five years’ experience in
that capacity and who has knowledge of and experience with the subject matter
of the dispute. If the parties do not agree on an arbitrator within ten (10) calendar
days, a party may petition the AAA to appoint an arbitrator, who must satisfy the
same experience requirement. In the event of a dispute, the arbitrator shall
decide the enforceability and interpretation of this arbitration agreement in
accordance with the Federal Arbitration Act (“FAA”). The parties also agree that
the AAA’s rules governing Emergency Measures of Protection shall apply in lieu
of seeking emergency injunctive relief from a court. The decision of the arbitrator
shall be final and binding, and no party shall have rights of appeal except for
those provided in section 10 of the FAA. Each party shall bear its share of the
fees paid for the arbitrator and the administration of the arbitration; however, the
arbitrator shall have the power to order one party to pay all or any portion of such
fees as part of a well-reasoned decision. The parties agree that the arbitrator
shall have the authority to award attorneys’ fees only to the extent expressly
authorized by statute or contract. The arbitrator shall have no authority to award
punitive damages and each party hereby waives any right to seek or recover
punitive damages with respect to any dispute resolved by arbitration. The parties
agree to arbitrate solely on an individual basis, and this agreement does not
permit class arbitration or any claims brought as a plaintiff or class member in
any class or representative arbitration proceeding. Except as may be required by
law, neither a party nor the arbitrator may disclose the existence, content, or
results of any arbitration without the prior written consent of both parties, unless
to protect or pursue a legal right. If any term or provision of this Section is
invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or
unenforceability shall not affect any other term or provision of this Section or
invalidate or render unenforceable such term or provision in any other
jurisdiction. If for any reason a dispute proceeds in court rather than in
arbitration, the parties hereby waive any right to a jury trial. This arbitration
provision shall survive any cancellation or termination of your agreement to
participate in any of our Programs.
Miscellaneous: You warrant and represent to Us that you have all necessary
rights, power, and authority to agree to these Terms and perform your obligations
hereunder, and nothing contained in this Agreement or in the performance of
such obligations will place you in breach of any other contract or obligation. The
failure of either party to exercise in any respect any right provided for herein will
not be deemed a waiver of any further rights hereunder. If any provision of this
Agreement is found to be unenforceable or invalid, that provision will be limited or
eliminated to the minimum extent necessary so that this Agreement will
otherwise remain in full force and effect and enforceable. Any new features,
changes, updates or improvements of the Program shall be subject to this
Agreement unless explicitly stated otherwise in writing. We reserve the right to
change this Agreement from time to time. Any updates to this Agreement shall be
communicated to you. You acknowledge your responsibility to review this
Agreement from time to time and to be aware of any such changes. By
continuing to participate in the Program after any such changes, you accept this
Agreement, as modified.
Hey Skipper
450 State Road 13 North
Suite 106, PMB 208
Saint Johns, FL 32259
support@heyskipperfishing.com
