Terms of Use

Effective: April 9th, 2017

The thefishinglodges.com website (Website) is made available by The Fishing Lodges (FL), a sole proprietorship in the state of Georgia. By accessing and/or using the Website and/or registering for a user account (Account), you agree to be bound by these Terms of Use (Terms of Use).

THESE TERMS OF USE CONTAIN A MANDATORY ARBTIRATION PROVISION (SECTION 24), CLASS ACTION WAIVER (SECTION 24) AND JURY TRIAL WAIVER (SECTION 25) THAT AFFECT YOUR RIGHT TO BRING A CLAIM IN COURT, AS A MEMBER OF A CLASS ACTION AND IN FRONT OF A JURY. PLEASE REVIEW THESE TERMS OF USE CAREFULLY BEFORE YOU CONTINUE TO ACCESS AND/OR USE THE WEBSITE OR THE APPLICATION.

FL reserves the right to modify these Terms of Use from time to time and without notice.  Any modifications shall be effective immediately upon posting. Continued access and/or use of this Website or your Account establishes acceptance to such modified terms.

  1. Compliance: To ensure you are not violating any part of these Terms of Use, FL recommends that you always review the current Terms of Use each time you visit and/or access the Website and/or your Account. All access to and use of the Website, your Account, and the information contained on or provided through the Website and/or Account is subject to these Terms of Use.
  2. General Use: The Website is made available, subject to these Terms of Use, to allow users that own, manage, and/or operate fishing lodges (Lodges) to post listings for lodging accommodations (Accommodations). In turn, these listings are made available to end users (Travelers) seeking to research, plan, and book Accommodations.  In order for a Lodge to list an Accommodation, it must register for an Account.  In order for a Traveler to write a review for an Accommodation, book an Accommodation, sign up for FL’s newsletter, or bookmark favorite destinations, such Travelor must register for an Account.  Users may view Accommodations without creating an account.  Subject to these Terms of Use, and unless otherwise agreed by FL, FL grants a limited, non-exclusive, non-transferable, revocable, non-sublicensable license to access and use the Website solely for the purposes described in Section 2 and your individual benefit.  Except as otherwise expressly set forth in these Terms of Use, users shall have no other rights to the Website.  No additional rights shall be implied.
  3. Accounts: Each user is limited to one (1) Account.  The security, confidentiality, and integrity of an Account and password are the sole responsibility of the user.  User agrees to bear all liability for the same as well as all use and/or charges incurred from the use of the Website with such Account and/or password.  Users are responsible for taking reasonable steps to avoid unauthorized access to their Account and password.  By accepting these Terms of Use, users hereby authorize FL to use and disclose Account information if required by applicable law or where necessary to enforce these Terms of Use and/or protect any of FL’s or any other party’s legal rights.  By registering for an Account, users hereby authorize FL to use Account information to send commercial communications, including, but not limited to, marketing materials related to the Website; provided users may unsubscribe from such communications by logging into Account and selecting unsubscribe.
  4. Additional Terms: Each Lodge shall be solely responsible for its Accommodations.  Each traveler acknowledges and agrees that FL is not a party to any agreement made between them and a Lodge in connection with the Accommodation and hereby disclaims any and all liability pursuant thereto.  Users acknowledge that FL is solely a provider of the Website and only facilitates the booking of Accommodations between Travelers and Lodges. FL does not own, rent, manage or control Accommodations and has no control over the condition or quality of Accommodations. Travelers acknowledge they access the Website at their sole risk and are personally responsible for verifying their suitability. By submitting information to the Website, users accept sole responsibility for transmission of such information and any resultant damages to therefrom.
  5. Prohibited Uses: In addition to uses otherwise prohibited under these Terms of Use or applicable law, users may not, and may not allow any third party to, do any of the following:
    1. Access or use the Website if under eighteen (18) years old. Accessing and/or using the Website warrants that user is eighteen (18) years or older.
    2. Use and/or access the Website to send unsolicited commercial email to any person.
    3. Use and/or access the Website to threaten, harm, or harass another user.
    4. Use and/or access to the Website to gain access to another user’s Account, password and/or personal information.
    5. Use or access the Website by artificial means or in a manner that, in FL’s sole discretion, would inflict an excessive load on FL’s or its vendors’ hardware or software.
    6. Post, upload or transmit:
      1. any data, content, or materials in order to market or advertise non-FL services or solicit any other users of the Website for such purposes and/or use data, content or materials gathered from the Website for such purposes.
      2. any data, content, or materials of any type that infringe or violate any individual rights, including, but not limited to, any patent, copyright, trademark, or trade secret.
      3. any data, content or materials that are illegal, threatening, obscene, defamatory, harmful, or invasive to privacy, including, but not limited to, any malicious software or computer code (such as a virus).
      4. any disabling code (defined as computer code designed to interfere with the normal operation of the Website) or any program routine, device, or other undisclosed feature, including, but not limited to any virus, software lock, drop-dead device, malicious logic, worm, Trojan horse, or trap door designed to delete, disable, deactivate, interfere with or otherwise harm the Website or any user thereof.
    7. List any Accommodations that the user does not have all rights necessary to list.
    8. Use or access the Website to contact a Traveler or Lodge for any purpose other than to inquire into an Accommodation.
    9. Decompile, disassemble or otherwise reverse engineer any portion of the Website or from any other information by any means whatsoever.
    10. Distribute, disclose, or allow use of any portion of the Website by any unauthorized third party.
  6. Ownership: Although some material may be the intellectual property of a third party that FL has a license to use, users acknowledge that as between them and FL, FL owns all rights, title, and interests in the Website and all data and information provided on it, including, but not limited to, any and all user generated content.  FL shall have a royalty-free, perpetual, irrevocable, non-exclusive, and sub-licensable license to use, reproduce, modify, publish, edit, translate, distribute, and display such content, including, but not limited to, the promotion of the Website through advertising efforts.  Users warrant and represent that they have the authority to grant such rights.
  7. User-Generated Content: User generated content is the sole responsibility of the user that submitted such content.  Users warrant that submitted content is truthful and not misleading.  FL, at its sole discretion, reserves the right to edit or remove any user generated content in whole or part.  FL does not warrant or endorse any user generated content and shall, under no circumstances, be liable for any user generated content that is posted or made available through the Website.
  8. Links: The Website may contain links to third party websites.  Users acknowledge and agree that they shall be sole liability for the use of such links and access those third party sites at their sole risk.
  9. Waiver & Release: Users hereby unconditionally waive, release, relinquish and forever discharge FL, its employees, officers, and their affiliates, agents, and attorneys (collectively the “Released Parties”) from any and all claims, liabilities, damages, losses, costs and expenses (collectively “Claims”) arising out of or related to these Terms of Use, the Website, any Accommodations, or agreements between Travelers and Lodges, including, but not limited to, the condition of any Accommodations or injuries caused by or on Accommodations or the tortious conduct of any other users, Travelers, Lodging Companies and/or their employees, agents, guests and family members.
  10. DISCLAIMER: THE WEBSITE AND ANY DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. ACCESS TO THE WEBSITE IS VOLUNTARY AND AT USERS’ SOLE RISK.  EXCEPT AS SET FORTH IN THESE TERMS OF USE, FL DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS, OR ENDORSEMENTS OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, ACCOMODATIONS, OR ANY DATA OR INFORMATION CONTAINED ON OR PROVIDED THROUGH THE WEBSITE. USERS ACKNOWLEDGE AND AGREE THAT THE RELEASED PARTIES SHALL NOT BE LIABLE FOR ANY PERSONAL INJURY CAUSED BY USE OR MISUSE OF THE WEBSITE, ANY ACCOMODATION, ANY AGREEMENTS BETWEEN TRAVELERS AND LODGES.
  11. Limitation of Liability:TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FL OR ANY OTHER RELEASED PARTY BE LIABLE FOR ANY DAMAGES, LOSS OF USE, LOSS OF PROFITS, BUSINESS INTERRUPTION, LITIGATION, OR OTHER PECUNIARY LOSS WHATSOEVER, ARISING OUT OF OR RELATED TO THESE TERMS OF USE, THE WEBSITE, ACCOMODATIONS, OR ANY AGREEMENTS BETWEEN TRAVELERS AND LODGES.  USERS AGREE THAT UNDER NO CIRCUMSTANCES SHALL ANY RELEASED PARTIES BE LIABLE FOR DAMAGES EXCEEDING $100.00. THE EXISTENCE OF MULTIPLE CLAIMS SHALL NOT INCREASE THIS LIMIT.
  12. Time Limit for Making Claims: Any claims against FL or any other Released Party arising out of or related to these Terms of Use or the Website must be brought within one (1) year of the date of the event giving rise to such action.
  13. Indemnification: Users agree and warrant that they shall indemnify, defend, and hold Released Parties harmless against any and all claims, rights, costs, including, but not limited to, reasonable attorney’s fees, liabilities, or causes of action brought against Released Parties arising out of or related to use of the Website, Accommodations, or any agreements between Travelers and Lodges.
  14. Assignment: Users may not assign or transfer any rights or obligations arising under these Terms of Use, the Website, or their Account without the prior written consent of FL. Any attempted assignment or transfer without prior written consent shall be null and void.  All of the terms and provisions of these Terms of Use shall be binding upon and shall inure to the benefit of the parties hereto and their respective heirs, successors and permitted assigns/transferees.
  15. Governing Law: Subject to Section 18, any action arising out of or relating to these Terms of Use or use of the Website shall be governed by according to the laws of the State of Georgia and shall be brought only in the state or federal courts of Fulton County, Georgia. All parties expressly consent to such court’s jurisdiction and irrevocably waive any objection with respect to the same, including, but not limited to, any objection based on forum non conveniens. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms of Use.
  16. Arbitration & Waiver.
    1. Any claim arising out of or related to these Terms of Use or use of the Website shall be resolved pursuant to informal arbitration by an arbitrator selected under the Commercial Arbitration Rules of the American Arbitration Association in effect as of the date of the expedited proceedings. The determination of the arbitrator shall be conclusive and binding upon the disputants and a court judgment upon the same may be entered in any court having competent jurisdiction thereof.  Arbitration shall take place in Fulton County, Georgia and shall be conducted under such rules.  Each disputant shall be entitled to present evidence and argument to the arbitrator, after a reasonable time for pre-hearing discovery of facts to the extent necessary to establish a claim or a defense to a claim.  The arbitrator shall give written notice to the disputants stating the arbitrator’s determination and shall furnish to each party a signed copy of such determination.  The expenses of arbitration shall be borne by the losing disputant.
    2. ANY AND ALL CLAIMS MAY ONLY BE BROUGHT IN A PARTY’S INDIVIDUAL CAPACITY. ALL PARTIES EXPRESSLY WAIVE THEIR RIGHT TO MAINTAIN A CLASS ACTION OR SIMILAR PROCEEDING IN ANY FORUM, INCLUDING, BUT NOT LIMITED TO, ARBITRATION AND COURT.
    3. THE PARTIES VOLUNTARILY, KNOWINGLY AND INTENTIONALLY WAIVE ANY AND ALL RIGHTS TO TRIAL BY JURY IN ANY LEGAL ACTION OR PROCEEDING WHICH MAY RIGHTFULLY BE BROUGHT IN COURT ARISING OUT OF OR RELATED TO THESE TERMS OF USE OR THE WEBSITE
  17. Personal Information: FL may collect and use your personal information in accordance with its file:///Users/WNHollington/Documents/The%20Fishing%20Lodges%20Privacy%20Policy.html, which is incorporated herein by reference.  Any Account information, excluding credit card data, passwords, and any Federal or State tax ID, may be used in promoting the Website, unless prohibited by applicable law.
  18. Costs of Litigation. To the extent not prohibited by law, disputants shall be responsible for all charges, fees, and expenses, including, but not limited to attorney’s fees, incurred in enforcing or attempting to enforce any rights established under these Terms of Use.  In the event applicable law would convert this provision into a bilateral (prevailing party) fee shifting provision, this provision shall be severed from these Terms of Use and the remainder of these provisions shall remain in full force and effect.
  19. Suspension, Termination & Cancellation: FL reserves the right to suspend or terminate the Website and/or a user’s Account without notice and for any reason, including, but not limited to, suspected violation of any provision set forth in these Terms of Use.  FL reserves the right to demand proof of eligibility as established under these Terms of Use, at any time, and may terminate, suspend, or deny access to an Account or areas of the Website if eligibility is not promptly and reasonably provided.  FL may, without notice, deny, suspend, or block a transaction made through a user’s Account if FL believes that such Account and password are being used without the listed user’s authorization until FL is satisfied that only the registered user is accessing the Account.
  20. Force Majeure: FL shall not be responsible for delays or failures of performance resulting from acts beyond the reasonable control of FL.
  21. Miscellaneous
    1. Section headings are not to be considered part of these Terms of Use. They are included solely for convenience and not intended to be full or accurate descriptions of the content hereof.
    2. Except as otherwise expressly set forth herein, should any provision of these Terms of Use be held invalid or unenforceable, the remainder of these Terms of Use will remain in full force and effect. Invalidated provisions will be amended to achieve as nearly as possible the intended effect of the original provision.
    3. Each party agrees to execute and deliver documents, instruments, and agreements and to take action as is reasonably requested by the other party to consummate or to evidence the consummation of the transactions contemplated herein.
    4. These Terms of Use constitute the entire agreement between the parties and supersede all prior agreements, understandings, negotiations, and discussions, whether oral or written, of the parties. There are no warranties, representations or agreements among the parties, except as set forth herein.
    5. No breach or right under these Terms of Use may be waived unless in writing signed by the waiving party.
    6. Users accepting these Terms of Use on behalf of an entity warrant agency and the ability to bind such entity to these Terms of Use.
  22. Intellectual Property:  If you find or suspect an intellectual property infringement (e.g. trademark, copyright), please report it to FL using the contact information located below and include the following information:
    1. Your name, address, telephone number and email address
    2. A description of the intellectual property
    3. A description of where the intellectual property is located on the Website
    4. If applicable, a statement by the owner as to why they believe the intellectual property was used without their permission.
  23. FL Contact Information:  If you have any questions or comments regarding these Terms of Use, the Website or the Application, or if you need to contact FL for any reason, FL’s contact information is as follows:
    • thefishinglodges.com
    • Attn: Website Administrator
    • 1035 Barnett Shoals Rd. 110
    • Athens, GA 30605
    • Phone: 706.829.2267
Privacy Policy
This privacy policy has been compiled to better serve those who are concerned with how their ‘Personally Identifiable Information’ (PII) is being used online. PII, as described in US privacy law and information security, is information that can be used on its own or with other information to identify, contact, or locate a single person, or to identify an individual in context. Please read our privacy policy carefully to get a clear understanding of how we collect, use, protect or otherwise handle your Personally Identifiable Information in accordance with our website.

 

What personal information do we collect from the people that visit our blog, website or app?
When ordering or registering on our site, as appropriate, you may be asked to enter your name, email address, mailing address, phone number or other details to help you with your experience.
When do we collect information?
We collect information from you when you register on our site, subscribe to a newsletter, respond to a survey, fill out a form or enter information on our site.

Provide us with feedback on our products or services 

How do we use your information?

We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:

       To personalize your experience and to allow us to deliver the type of content and product offerings in which you are most interested.
       To improve our website in order to better serve you.
       To allow us to better service you in responding to your customer service requests.
       To ask for ratings and reviews of services or products
       To follow up with them after correspondence (live chat, email or phone inquiries)

 

How do we protect your information?

Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.

We use regular Malware Scanning.

Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. In addition, all sensitive/credit information you supply is encrypted via Secure Socket Layer (SSL) technology.
We implement a variety of security measures when a user enters, submits, or accesses their information to maintain the safety of your personal information.
All transactions are processed through a gateway provider and are not stored or processed on our servers.

 

Do we use ‘cookies’?
We do not use cookies for tracking purposes
You can choose to have your computer warn you each time a cookie is being sent, or you can choose to turn off all cookies. You do this through your browser settings. Since browser is a little different, look at your browser’s Help Menu to learn the correct way to modify your cookies.
If you turn cookies off, Some of the features that make your site experience more efficient may not function properly.that make your site experience more efficient and may not function properly.

 

Third-party disclosure

We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.

However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.

 

Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.

 

Google

Google’s advertising requirements can be summed up by Google’s Advertising Principles. They are put in place to provide a positive experience for users. https://support.google.com/adwordspolicy/answer/1316548?hl=en

We use Google AdSense Advertising on our website.
Google, as a third-party vendor, uses cookies to serve ads on our site. Google’s use of the DART cookie enables it to serve ads to our users based on previous visits to our site and other sites on the Internet. Users may opt-out of the use of the DART cookie by visiting the Google Ad and Content Network privacy policy.
We have implemented the following:
       Demographics and Interests Reporting
We, along with third-party vendors such as Google use first-party cookies (such as the Google Analytics cookies) and third-party cookies (such as the DoubleClick cookie) or other third-party identifiers together to compile data regarding user interactions with ad impressions and other ad service functions as they relate to our website.
Opting out:
Users can set preferences for how Google advertises to you using the Google Ad Settings page. Alternatively, you can opt out by visiting the Network Advertising Initiative Opt Out page or by using the Google Analytics Opt Out Browser add on.

 

California Online Privacy Protection Act
CalOPPA is the first state law in the nation to require commercial websites and online services to post a privacy policy. The law’s reach stretches well beyond California to require any person or company in the United States (and conceivably the world) that operates websites collecting Personally Identifiable Information from California consumers to post a conspicuous privacy policy on its website stating exactly the information being collected and those individuals or companies with whom it is being shared. – See more at: http://consumercal.org/california-online-privacy-protection-act-caloppa/#sthash.0FdRbT51.dpuf
According to CalOPPA, we agree to the following:
Users can visit our site anonymously.
Once this privacy policy is created, we will add a link to it on our home page or as a minimum, on the first significant page after entering our website.
Our Privacy Policy link includes the word ‘Privacy’ and can easily be found on the page specified above.
You will be notified of any Privacy Policy changes:
       On our Privacy Policy Page
Can change your personal information:
       By logging in to your account
How does our site handle Do Not Track signals?
We honor Do Not Track signals and Do Not Track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
Does our site allow third-party behavioral tracking?
It’s also important to note that we allow third-party behavioral tracking

 

COPPA (Children Online Privacy Protection Act)

When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.

We do not specifically market to children under the age of 13 years old.
Fair Information Practices

The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.

In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur:
We will notify you via email
       Within 7 business days
We also agree to the Individual Redress Principle which requires that individuals have the right to legally pursue enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or government agencies to investigate and/or prosecute non-compliance by data processors.
CAN SPAM Act

The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.

We collect your email address in order to:
       Send information, respond to inquiries, and/or other requests or questions
       Process orders and to send information and updates pertaining to orders.
       Send you additional information related to your product and/or service
       Market to our mailing list or continue to send emails to our clients after the original transaction has occurred.
To be in accordance with CANSPAM, we agree to the following:
       Not use false or misleading subjects or email addresses.
       Identify the message as an advertisement in some reasonable way.
       Include the physical address of our business or site headquarters.
       Monitor third-party email marketing services for compliance, if one is used.
       Honor opt-out/unsubscribe requests quickly.
       Allow users to unsubscribe by using the link at the bottom of each email.

If at any time you would like to unsubscribe from receiving future emails, you can email us at
       Follow the instructions at the bottom of each email.

and we will promptly remove you from ALL correspondence.

Contacting Us

If there are any questions regarding this privacy policy, you may contact us using the information below.

1035 Barnett Shoals Rd. 110
Athens, Ga 30605