Terms & Conditions

Agreement between User and www.saltwaterguidesassociation.org

Welcome to www.saltwaterguidesassociation.org. The www.saltwaterguidesassociation.org website (the “Site”) is comprised of various web pages operated by American Saltwater Guides Association Inc. (“ASGA”). www.saltwaterguidesassociation.org is offered to you conditioned on your acceptance, without modification, of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.saltwaterguidesassociation.org constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.

Electronic Communications

Visiting www.saltwaterguidesassociation.org or sending emails to ASGA constitutes electronic communications. By doing so, you consent to receive electronic communications from ASGA, and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy all legal requirements that such communications be in writing.

Children Under Thirteen

ASGA does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use www.saltwaterguidesassociation.org only with permission of a parent or guardian; such parent or guardian must consent to these Terms prior to the Site being used by anyone under the age of 18.

Merchandise Exchange Policy/No Warranties

Items purchased through www.saltwaterguidesassociation.org may be exchanged only for the same item of another size, or because an item is defective. Purchaser is responsible for return shipping costs.

ALL MERCHANDISE SOLD THROUGH THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. ASGA AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES WITH RESPECT TO SUCH MERCHANDISE, INCLUDING ALL IMPLIED WARRANTIES FOR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

Links to Third Party Sites/Third Party Services

www.saltwaterguidesassociation.org may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of ASGA and ASGA 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. ASGA is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by ASGA of the site or any association with its operators.

Certain services made available via www.saltwaterguidesassociation.org are delivered by third party sites and organizations. By using any product, service or functionality originating from the www.saltwaterguidesassociation.org domain, you hereby acknowledge and consent that ASGA may share such information and data with any third party with whom ASGA has entered into a contract to provide the requested product, service or functionality to www.saltwaterguidesassociation.org 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.saltwaterguidesassociation.org strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to ASGA 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 related to the Site through any means not intentionally made available or provided for by the Site.

All of the Site’s content, including but not limited to text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site (collectively, “Content”), is the property of ASGA 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 applicable to 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. ASGA Content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of the Content, and in particular you will not delete or alter any proprietary rights or attribution notices in any Content. You will use Content solely for your personal use, and will make no other use of such Content without the express written permission of ASGA and the copyright owner. You agree that you do not acquire any ownership rights in any Content. We do not grant you any licenses, express or implied, to the intellectual property of ASGA or our licensors except as expressly authorized by these Terms.

International Users

The Site is controlled, operated and administered by ASGA from our offices within the United States of America. If you access the Site from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through www.saltwaterguidesassociation.org in any country or in any manner prohibited by any applicable laws, restrictions or regulations of the relevant nation or of the United States.

Indemnification

You agree to indemnify, defend and hold harmless ASGA, 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 its Content, any user postings made by you, your violation of any terms of this Agreement, your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. ASGA reserves the right to assume the exclusive defense and control of any legal action brought against it that arises out of your actions or inaction, which shall nevertheless remain subject to the foregoing indemnification obligation, in which event you agree to fully cooperate with ASGA in the defense of such action,  including the assertion of any legal defenses that you may have against the party initiating the action.

Class Action Waiver

Any arbitration or legal action permitted under these Terms 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 AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, INCLUDING BUT NOT LIMITED TO PROCEEDINGS BROUGHT IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST ASGA. Further, unless both you and ASGA agree otherwise, an arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.

Limitation of Liability

THE CONTENT INCLUDED ON OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. ASGA AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

ASGA AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE SITE AND THE CONTENT CONTAINED THEREON.,

IN NO EVENT SHALL ASGA AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, OR THE MERCHANDISE SOLD HEREON., EVEN IF ASGA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.  

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

ASGA reserves the right, in its sole discretion, to terminate your access to the Site and the related Content or any portion thereof at any time, without notice.

Choice of Law; Exclusive Jurisdiction and Venue

This agreement is governed by the laws of the State of New York, without reference to any principles of conflicts of laws, which might cause the application of the laws of another state.

You hereby consent to the exclusive jurisdiction and venue of state and federal courts located within Nassau County, in the  State of New York, in all disputes arising out of or relating to the use of the Site, and agree not to seek a change of venue on the grounds of inconvenient forum. .

ASGA’s Compliance with Legal Process

ASGA’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement shall in any way impair or restrict ASGA’s right, ability, and/or obligation 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 ASGA related to such use.

Survival

If a court of competent jurisdiction determines that any part of these Terms are invalid or unenforceable, the remainder of these Terms shall remain valid and be given full effect.

Entire Agreement

These Terms constitute the entire agreement between the user and ASGA with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and ASGA. A printed version of these Terms, and of any notice given in electronic form, shall be admissible in judicial or administrative proceedings arising out of such Terms and/or the Site, 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

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

Contact Us

ASGA welcomes your questions or comments regarding the Terms:

American Saltwater Guides Association Inc.
PO Box 20482
Floral Park, New York 11002

Email Address:
info@saltwaterguidesassociation.org

Telephone number:
5163691452

Effective as of June 01, 2022