THE PURCHASE AND DOWNLOAD OF OUR PRODUCTS MEANS YOU AGREE TO OUR END USER LICENSE.
This End User License applies to any and all instances of GPS coordinates, files and content provided by America Go Fishing, Inc. and the public websites http://www.americagofishing.com and http://www.floridagofishing.com. Any and all instances of, but not limited to, content, files, GPS coordinates, images and products released to the public by America Go Fishing, Inc., in any form of distribution, use of which is bound by the policies contained in this End User License. By using our website, content, products or files, you have agreed to our End User License contained in this document.
Definitions
- “File(s)” means, but not limited to, GPS coordinate data files, documents, diagrams, charts, maps, images and Content that is downloaded from our store, purchased pre-installed on memory cards, emailed to recipients, purchased from authorized resellers, and presented as Content on our website or acquired by any means. Files come in many file types including, but not limited to, GPX, KML, PDF, JPG, and HTML file formats.
- “Product(s)” means, but not limited to, any tangible or intangible item(s) purchased or obtained by any other means.
- “Content” means, but not limited to, data contained in Files, software, text, images, graphics, user interfaces, videos, photographs, trademarks, logos, artwork and other works on our Website or sold by us directly or through resellers.
- “Coordinate(s)” refer to, but not limited to, reef site locations, shipwreck locations, waypoints of inlets & islands, coordinates of sanctuary, state & federal boundaries, and mooring buoy locations. Coordinates are used to indicate locations of sites (waypoints) on GPS units, nautical charts and satellite application software programs. Our coordinates are referenced in the popular Lat/Long Decimal Minutes (dd mm.mmm) format.
- “PDF” means a File formatted to be read by the free Adobe® Reader software or other compatible software.
- “KML” means a File formatted to be read by the free Google Earth™software or other compatible software.
- “GPX” means a File formatted to be read by customer supplied software and/or GPS units that read the GPX file format.
- “America Go Fishing” means America Go Fishing, Inc. and/or the website www.americagofishing.com
- “Website” means http://www.americagofishing.com
- “End User” means, but not limited to, an individual who is a visitor to our website, a customer who has purchased our products or any other person who acquired our Files and used our Content by any and all means.
America Go Fishing reserves the right, at its sole discretion, to change, add or remove portions of this End User License, at any time. It is your responsibility to check this End User License each time before using our website or purchasing our products. Your continued use of our website or files following the posting of changes will mean that you accept and agree to the changes. You agree that all subsequent website visits and purchases by you will be subject to the terms and conditions of this End User License, which shall apply until we post a modified End User License and then in accordance with such modified End User License. As long as you comply with this End User License and any such modifications, America Go Fishing grants you ("End User") a personal, non-exclusive, non-transferable, non-sub-licensable, limited privilege to enter and use our website, files and products.
Copyright
By accepting our Terms of Use you acknowledge that the rights to Files, Content or Products you purchased, acquired by other means, or viewed on our Website, are owned by America Go Fishing, Inc. or their respective owners and that our files, products, and content are protected by United States copyright laws, patent laws, international treaty provisions and all other applicable laws.
Files, diagrams, images, and content have been produced from the combined resources of America Go Fishing, NOAA, Florida Fish and Wildlife Commission and other contributors, who retain copyright to their respective works, and are noted within or on each file sold, acquired by other means, and/or on Content contained on our website.
America Go Fishing, Inc. has NOT been authorized, sponsored, or otherwise approved by NOAA, Florida Fish and Wildlife Commission, Google Inc, Adobe Inc, SD-3C LLC, Apple Inc, Microsoft Corporation, or any other company or source used to create our Files, Content or Products.
Google Earth™ is a registered trademark of Google Inc. ("Google"), located at 1600 Amphitheatre Parkway, Mountain View, CA 94043, United States. Adobe® Reader® is a registered trademark of Adobe Systems Incorporated in the United States and/or other countries. SDTM word mark is the trademark of SD-3C, LLC. Apple® is a registered trademark of Apple Inc. Windows is a registered trademark of Microsoft Corporation in the United States and other countries. Wi-Fi® word mark is a registered trademark of Wi-Fi Alliance. Bluetooth® word mark is the registered trademark owned by Bluetooth SIG, Inc.
Google Maps™ and Google Earth™ information and photographic imagery are used under license by Google. Data presented using Google Maps™/Google Earth™ are in the public domain. The map information and photographic imagery contain trade names, trademarks, service marks, logos, domain names, and other distinctive brand features. This does not imply an endorsement of Google, Google Maps™ or Google Earth™ products or services by America Go Fishing. Under the terms of the license, you are permitted to copy or use the Google Maps™/Google Earth™ images on your site so long as Google Maps/Google Earth trade names, trademarks, service marks, logos, domain names, and other distinctive brand features are not deleted or in any manner altered. Please note that you are subject to Google's privacy policy when using this service.
Permissions
Files, either purchased or acquired free of charge, available for viewing or downloading from our website and on memory cards, purchased either retail or from our website, and Products purchased from America Go Fishing or our authorized resellers, are subject to these license terms, as well as any specific guidelines contained herein. If you use our Content, download any Files or Content from our website or store, or purchase our Files by download or Files on memory cards, you agree to be bound by these license terms as well as the specific guidelines related to the materials you wish to download or use.
You may not sell, alter, modify, license, sublicense, copy, or use the Content contained in our Files, Products or on our Website in any way other than has been specifically authorized by America Go Fishing in the permissions, copyright and trademark guidelines described herein. You acknowledge that any rights granted to you constitute a license and not a transfer of title. You do not obtain any ownership right, title, or other interest in America Go Fishing's copyrighted materials or trademarks by downloading, copying, or otherwise using these files.
All files, images, diagrams, video, artwork, text, software and other copyrightable materials ("Content") are licensed to End Users and not sold, notwithstanding use of the terms "sell," "purchase," "order," or "buy" on our website or this End User License. Your content license is nonexclusive, nontransferable, non-sub licensable and limited.
Conditions of Use
All America Go Fishing files and content, obtained by any means, are for your "Personal Use Only". You are hereby given a License to use files on your personal computer, cell phone, mobile device or GPS unit. You are prohibited from sharing files with your friends, forwarding them in Emails, import or incorporate any of this information into any lists or reproducing our content, coordinates, reef charts, diagrams, or images in any way except for your personal pleasure. Derived works are prohibited along with any commercial use of files is prohibited under this license.
You may not reverse engineer, decompile, disassemble, modify or disable any copyrighted materials. You may not upload Content to the Internet. You may not create any "derivative works" by altering any of our Content. You may not exploit our Content for any commercial purposes. You further agree to indemnify and hold harmless America Go Fishing for your failure to comply with this section..
Ordering & Pricing Policy
Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. America Go Fishing reserves the right at any time after receipt of your order to accept or decline your order for any reason. America Go Fishing further reserves the right any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. Your order will be deemed accepted by America Go Fishing upon shipment of products or performance of services that you have ordered, or upon the completion of the license and delivery of a Data File Download, as indicated by our servers. Title to goods and all risk of loss passes to you upon delivery to the common carrier. All orders placed over $1,000.00 must obtain pre-approval with an acceptable method of payment, as established by our credit and fraud avoidance procedures. We may require additional verifications or information before accepting any order.
America Go Fishing shall have the right to refuse or cancel any orders placed for products and/or services listed at an incorrect price, rebate or refund, or containing any other incorrect information or typographical errors. America Go Fishing shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, America Go Fishing shall immediately issue a credit to your credit card account in the amount of the charge.
AMERICA GO FISHING RESERVES THE RIGHT, AT ANY TIME, TO CHANGE ITS PRICES AND BILLING METHODS FOR PRODUCTS OR SERVICES SOLD, EFFECTIVE IMMEDIATELY UPON POSTING ON THE WEBSITE OR BY E-MAIL DELIVERY TO YOU.
Return Policy
We made our return policy as fast and painless with a 30 day return policy; one of the best in the industry! If your item was shipped and sold by America Go Fishing, you can return items within 30 days of receipt, unless the item has return restrictions which will be stated on the item's listing information.
For the most up-to-date Shipping & Return Policies, please visit Shipping.
Items with Restrictions: Media and software are non-refundable products and include Data File Downloads and Digital Books. Data Files sold on memory cards can be returned if the package is unopened; all opened packages cannot be returned. In the rare event your data file(s) or memory card are defective; items may only be returned for a replacement of the exact same product via email for downloaded products and by mail or email for memory cards.
To return an item you need a valid America Go Fishing issued return merchandise authorization (RMA), the original manufacturer’s box with the UPC still intact and all accessories, manuals, and materials provided with the original item. If you have these items and would like to make a return, contact us via email at support@americagofishing.com. America Go Fishing is not responsible for return shipping unless it is our error.
Disclaimers
Not for Navigational Use. GPS Coordinates Are Not Guaranteed. There are No Warranties Expressed or Implied.
Multiple resources (see Sources below) were used to create our Files, Diagrams, Images, Content and GPS coordinates. Our GPS Data Files and website Content is provided as a tool to increase your fishing and/or diving enjoyment and is not intended to be used for navigational purposes. Information contained in Files and Content is provided only as a courtesy and there are NO guaranties, warranties, express or implied, or representations as to the accuracy of this content. America Go Fishing assumes NO liability or responsibility for any errors or omissions in the information contained here. If you find an error or omission in the data, please feel free to contact us with the correct information and we will verify the error or omission and correct it as soon as possible.
Accuracy of Coordinates
Due to the Increased and Severity of Recent and Past Hurricane Activity, it is Very Possible Coordinates May Not Be Accurate.
America Go Fishing cannot guarantee accuracy of coordinate data contained in files, on our website, in email correspondence or on files distributed by any and all means. However, America Go Fishing constantly performs reef monitoring through volunteer reef report submissions and communications with reef stakeholders to verify locations of artificial reefs and produce the closest waypoint coordinates possible. Please understand that smaller reefs can be very difficult to locate with GPS and depth sounders because they are small targets that can be challenging for highly experienced navigators to find. Storms and other natural events can relocate sites and the effects of saltwater can erode a site making identification difficult. With these factors in mind and other unknown circumstances, we cannot guarantee the accuracy of our files, content or coordinates.
Finding Sites from Your Boat
We made every effort to verify the accuracy of files, content and GPS coordinates but there are an unlimited number of factors that can prevent you from finding a coordinate from our files. Common ways coordinates can be incorrect include, but not limited to, software interpretation on your device, site relocation or removal from natural events, or the conversion of coordinates to another format. If you arrive at a coordinate and the site is not in that exact location, a tight circle around the spot usually helps to locate the site. If you have a problem locating a site or find a coordinate on our list has moved, please let us know by submitting a reef report.
We will not, under any circumstances, be responsible for or reimburse you for, time and/or the expenses involved in locating or visiting reef sites from coordinates provided to you from our website or on files provided to you in any format, by any means.
Use our files, content and coordinates is at your own risk. Under no circumstances and under no legal theory shall America Go Fishing, its supporters, owners, or any other party involved in creating, producing, or delivering our files, content or coordinates be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of, our website, content, files or coordinates.
Accuracy of Rules & Site Features
We use symbols, both on our website and in our files, that indicate the rules pertaining to, but not limited to, individual GPS coordinate reef sites, Spearfishing, and Lobstering locations. We also indicate the existence of mooring buoys with their associated rules if they are known to be at the GPS coordinate. We cannot guarantee the accuracy of these rules nor the existence of site features. Rules and regulations in Florida change often and we encourage users to always inquire locally as the the most current rules for specific GPS coordinates before visiting a site. The omission of symbols on files and coordinates does NOT mean it is OK to fish, lobster or spearfish at a site. Visit our Symbols webpage for a full index of icons used in our files and on our website. We make every effort to keep our charts up-to-date by monitoring state and federal rule changes. If you find a rule has changed and we have not updated our website or content with this information, please contact us so we can make updates and notify all our users of such changes.
File Updates
GPS coordinate Files contain coordinates listed on our website. We update our charts annually in the fall months. New waypoints added to our charts can be found on our website and are indicated with New! next to the new sites. If you notice revisions to our lists and would like a new file within 1 year of purchase, we will send you an updated file(s) free of charge. We also announce updates in our newsletter.
Converting GPS Coordinates to Other Formats
America Go Fishing's GPS coordinates, both online and retail products, are published in the popular Lat/Long Decimal Minutes (dd mm.mmm) format. If you need to convert our coordinates to another format, most software programs automatically read and convert this format to the format you have set in your software and/or GPS unit. Usually the conversion of coordinates to other formats is accurate, especially when using high-end software programs. Some application programs, especially free or low quality software programs, can create coordinate files that contain marks that are slightly off, sometimes by a few feet, other times by a large distance. With this in mind, we cannot guarantee the accuracy of the conversion of our GPS coordinates to other formats.
ATTN: State of California Consumers
By accepting our Terms of Use you acknowledge we have notified you that our product(s) may cause Cancer and Reproductive Harm (www.p65warnings.ca.gov).
Indemnification
You agree to indemnify, defend, and hold harmless America Go Fishing against all claims, liability, damages, costs and expenses, including reasonable legal fees and expenses, arising out of or related to a breach of this End User License, the use of our website and the use of any file either alone or in combination with any other material, your failure to abide by any restriction regarding the use of files, or any claim by a third party related to the use of a files, alone or in combination with any other material.
No delay or failure to take action under this End User License shall constitute any waiver by America Go Fishing of any provision of this End User License. If any provision of this End User License is invalid or unenforceable under applicable law, it is, to that extent, deemed enforceable to the fullest extent possible (and severable in the event such provision is completely unenforceable) and the remaining provisions of this End User License will continue in full force and effect. This End User License will bind and inure to the benefit of America Go Fishing's permitted successors and assigns.
No Warranties and Limits of Liabilities
Information on our website and information contained in our files are provided "as is" without warranty of any kind, either express or implied, including without limitation warranties of merchantability, fitness for a particular purpose, and no infringement. America Go Fishing uses reasonable efforts to include accurate and up-to-date information on our website and in our files; it does not, however, make any warranties or representations as to its accuracy or completeness. America Go Fishing periodically adds changes, improves, or updates the information and documents on our website and in our files without notice. America Go Fishing assumes no liability or responsibility for any errors or omissions in the content of our website or in our files. Your use of our website, content, GPS coordinates, and our files is at your own risk. Under no circumstances and under no legal theory shall America Go Fishing, its supporters, owners, or any other party involved in creating, producing, or delivering this website's contents or files be liable to you or any other person for any indirect, direct, special, incidental, or consequential damages arising from your access to, or use of, this website, content, files or coordinates.
AMERICA GO FISHING, INC., AMERICA GO FISHING.COM AND AFFILIATES SHALL NOT BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY, PAST OR PRESENT, LOSS OF REVENUE OR PROFIT OR FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER SIMILAR DAMAGES, WHETHER BASED ON TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE OR STRICT LIABILITY), CONTRACT, OR OTHER LEGAL OR EQUITABLE GROUNDS EVEN IF AMERICA GO FISHING HAS BEEN ADVISED OR HAD REASON TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.
You hereby agree to release America Go Fishing, Inc., a Florida corporation, and its affiliated companies, employees, volunteers, contributors, agents and contractors, from any and all past, present or future claims arising from or otherwise related to your use of our files, products and content provided herein, or your use of any of the information provided by our website, including any and all technical errors that may be contained therein.
Legal & Privacy Policies
By creating a My Account on our website, you are required to disclose certain personal information to use our website, register, and make purchases. As a condition of registering with our Website or making any purchases of any products and/or services or conduct any transactions, you represent that you have first read our Privacy Policy and consent to the collection, use and disclosure of your personally identifiable information and non-personally identifiable information as described in our Privacy Policy. Our Privacy Policy's terms and conditions will change from time to time, and as a condition of browsing our website, using any features or making any purchase, you agree that you will first review our Privacy Policy prior to making any initial or subsequent purchases.
While America Go Fishing takes reasonable precautions to safeguard and to prevent unauthorized access to your personal information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL AMERICA GO FISHING OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER BUY WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
We respect your privacy and personal information. We maintain customer lists from customer product sales and email lists for newsletter distribution to keep our loyal customers up-to-date. We automatically add your email address, if available, to our newsletter distribution list when you purchase a product from us or create an account on our store. We will never share or sell your private personal information provided to us. We do not store customer credit card information or financial information on any of our systems as mandated by our service providers. Transactions that occur on our website are in a secure environment using current SSL technology and are processed by an external financial institution.
Consent for Our Communications with You by E-Mail. By creating a My Account with us, and each time you make a purchase through our website, you grant permission to America Go Fishing to contact you at your e-mail address. To stop receiving our newsletter emails, follow the opt-out procedures set forth in such emails.
Sources for GPS Coordinates and Reef Site Diagrams
We used dozens of resources to create our GPS coordinate reef charts. We also use contributions from volunteers through reef reports received updating and confirming coordinates. The following organizations are major contributors of GPS coordinates for our lists and this list is not conclusive.
- Florida Fish and Wildlife Commission, Division of Marine Fisheries Management, Florida Artificial Reef Program
- National Ocean Service, National Oceanic and Atmospheric Administration, US Department of Commerce, Office of Coast Survey
- National Ocean Service, National Oceanic and Atmospheric Administration, US Department of Commerce, Florida Keys National Marine Sanctuary
- South Atlantic Fishery Management Council
- Gulf of Mexico Fishery Management Counci
- Miami-Dade County Permitting, Environment, and Regulatory Affairs, Restoration & Enhancement Section
- Broward County, Natural Resources Planning and Management Division
- Palm Beach County, Environmental Resources Management
- Mexico Beach Artificial Reef Association
Our data files and listings on this website are unique because we have brought the data from dozens of resources into one place. We also include rules and regulations for many reef sites, a unique feature not found elsewhere. Please be aware that our GPS coordinates are a compilation of publicly available waypoints.
We make NO representation or claims that our coordinates are exclusive, secret, or not found anywhere else.
THE PURCHASE AND DOWNLOAD OF OUR PRODUCTS MEANS YOU AGREE TO OUR CONDITIONS OF USE.