Terms & Conditions

 

Terms Conditions

 

 

AGREEMENT BETWEEN CUSTOMER AND OPEN ANGLER, LLC

Welcome to the OpenAngler.com web site (the "web site"). This web site is provided solely to assist customers in gathering charter information, determining the availability of charter-related goods and services, making legitimate reservations or otherwise transacting business with our Trip Providers, and for no other purposes. The terms "we", "us", "our" and "OpenAngler.com" refer to Open Angler, LLC, a Deleware limited liability Company and/or our subsidiaries. The term "you" refers to the customer visiting the web site and/or booking a reservation through us on this web site, or through our customer service agents.

 

This web site is offered to you conditioned upon your acceptance without modification of all the terms, conditions, and notices set forth below (collectively, the "Agreement"). By accessing or using this web site in any manner, you agree to be bound by the Agreement. Please read the Agreement carefully, as it contains important information about limitations of liability and resolution of disputes through arbitration rather than in court. If you do not accept all of these terms and conditions, please do not use this web site. Be sure to return to this page periodically to review the most current version of the Agreement. We reserve the right at any time, at our sole discretion, to change or otherwise modify the Agreement without prior notice, and your continued access or use of this web site signifies your acceptance of the updated or modified Agreement.

 

USE OF THE WEB SITE

 

As a condition of your use of this web site, you warrant that

 

1.  you are at least 18 years of age,

2.  you possess the legal authority to create a binding legal obligation,

3.  you will use this web site in accordance with this Agreement,

4.  you will only use this web site to make legitimate reservations for you or for another person for whom you are legally authorized to act,

5.  all information supplied by you on this web site is true, accurate, current and complete, and

6.  if you have an OpenAngler.com account, you will safeguard your account information and will supervise and be completely responsible for any use of your account by anyone other than you. We retain the right at our sole discretion to deny access to anyone to this web site and the services we offer, at any time and for any reason, including, but not limited to, for violation of this Agreement.

 

DISPUTES

OpenAngler.com is committed to customer satisfaction, so if you have a problem or dispute, we will try to resolve your concerns.  But if we are unsuccessful, you may pursue claims as explained in this section.

You agree to give us an opportunity to resolve any disputes or claims relating in any way to the web site, any dealings with our customer service agents, any services or products provided, any representations made by us, or our Privacy Policy (“Claims”) by contacting OpenAngler.com Customer Support.

If we are not able to resolve your Claims within 60 days, you may seek relief through arbitration or in small claims court, as set forth below.

Any and all Claims will be resolved by binding arbitration, rather than in court, except you may assert Claims on an individual basis in small claims court if they qualify.  This includes any Claims you assert against us, our subsidiaries, charter operators or any companies offering products or services through us (which are beneficiaries of this arbitration agreement).  This also includes any Claims that arose before you accepted this Agreement regardless of whether prior versions of the Agreement required arbitration.

There is no judge or jury in arbitration, and court review of an arbitration award is limited.  However, an arbitrator can award on an individual basis the same damages and relief as a court (including statutory damages, attorneys’ fees and costs), and must follow and enforce these Agreement as a court would.

Arbitrations will be conducted by the American Arbitration Association (AAA) under its rules, including the AAA Consumer Rules.  The AAA's rules are available at www.adr.org or by calling 1-800-778-7879.  Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules, except as provided in this section.  You may choose to have an arbitration conducted by telephone, based on written submissions, or in person in South Carolina or at another mutually agreed location.

To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Claims to “Open Angler Legal: Arbitration Claim Manager,” at PO BOX 398, Mount Pleasant SC 29464.  If we request arbitration against you, we will give you notice at the email address or street address you have provided.  A party requesting arbitration must also provide a copy of the request to the AAA, at Case Filing Services, 1101 Laurel Oak Road, Suite 100, Voorhees, NJ 08043 or online at www.adr.org or at any AAA office. 

Any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated or representative action.  The Federal Arbitration Act and federal arbitration law apply to this agreement.  An arbitration decision may be confirmed by any court with competent jurisdiction.

 

PROHIBITED ACTIVITIES

 

The content and information on this web site (including, but not limited to, price and availability of charter services), as well as the infrastructure used to provide such content and information, is proprietary to us or our suppliers and providers. While you may make limited copies of your itinerary (and related documents) for travel or services booked through this web site, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software, products, or services obtained from or through this web site. Additionally, you agree not to:

 

1. use this web site or its contents for any commercial purpose;

2. make any speculative, false, or fraudulent reservation or any reservation in anticipation of demand;

3. access, monitor or copy any content or information of this web site using any robot, spider, scraper or other automated means or any manual process for any purpose without our express written permission;

4. violate the restrictions in any robot exclusion headers on this web site or bypass or circumvent other measures employed to prevent or limit access to this web site;

5. take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;

6. deep-link to any portion of this web site (including, without limitation, the purchase path for any travel services) for any purpose without our express written permission; or

7. "frame", "mirror" or otherwise incorporate any part of this web site into any other web site without our prior written authorization.

 

Without limitation, any speculative, false, or fraudulent reservation or any reservation in anticipation of demand is prohibited. You agree that the travel services reservations facilities of this web site shall be used only to make legitimate reservations or purchases for you or for another person for whom you are legally authorized to act. You understand that overuse, suspicious activity, signs of fraud, or abuse of the travel services reservation facilities of this web site may result in OpenAngler.com cancelling any bookings associated with your name, email address, or account, and closing any associated OpenAngler.com accounts. If you have conducted any fraudulent activity, OpenAngler.com reserves the right to take any necessary legal action and you may be liable for monetary losses to OpenAngler.com, including litigation costs and damages.  To contest the cancellation of a booking, or freezing or closure of an account, please contact customer service.

 

SUPPLIER RULES AND RESTRICTIONS

Separate terms and conditions will apply to your reservation and purchase of travel-related goods and services that you select. Please read these terms and conditions carefully. You agree to abide by the terms or conditions of purchase imposed by any supplier with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the supplier's rules and restrictions regarding availability and use of fares, products, or services. We reserve the right to cancel your booking if full payment is not received in a timely fashion. You acknowledge that some third-party providers offering certain services and/or activities may require you to sign their liability waiver prior to participating in the service and/or activity they offer. You understand that any violation of any such supplier's conditions of purchase may result in cancellation of your reservation(s) or purchase, in your being denied access to any suppliers, in your forfeiting any monies paid for such reservation(s) or purchase, and in OpenAngler.com debiting your account for any costs OpenAngler.com incurs as a result of such violation. You shall be completely responsible for all charges, fees, duties, taxes, and assessments arising out of the use of this web site.

 

GROUP BOOKINGS

 

You may not book more than 3 trips online for the same dates.  If we determine that you have booked more than 3 trips in total in separate reservations, we may cancel your reservations, and charge you a cancellation fee, if applicable.  If you paid a non-refundable deposit, your deposit will be forfeited.

 

PRIVACY POLICY

 

OpenAngler.com believes in protecting your privacy. Please see our current Privacy Policy, which also governs your use of OpenAngler.com.

 

REVIEWS, COMMENTS AND OTHER SUBMISSIONS

 

We appreciate hearing from you. Please be aware that by submitting content to this web site by electronic mail, postings on this web site or otherwise, including any trip reviews, photographs, video, questions, comments, suggestions, ideas or the like contained in any submissions (collectively, "Submissions"), you (a) grant OpenAngler.com and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicesable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Submissions throughout the world in any media, now known or hereafter devised; and (b) grant OpenAngler.com and its affiliates and sublicensees the right to use the name that you submit in connection with such Submission, if they choose. However, you acknowledge that OpenAngler.com may choose to provide attribution of your comments or reviews (for example, listing your name and hometown on a trip review that you submit) at our discretion. You further grant OpenAngler.com the right to pursue at law any person or entity that violates your or OpenAngler.com's rights in the Submissions by a breach of this Agreement. We take no responsibility and assume no liability for any Submissions posted or submitted by you. If you do not agree to these terms and conditions, please do not provide us with any Submissions.

 

You are fully responsible for the content of your Submissions, (specifically including, but not limited to, reviews posted to this web site). You are prohibited from posting or transmitting to or from this web site: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this web site. You acknowledge that OpenAngler.com has the right to control (e.g. use, publish, remove) any content you submit without notice to you. If you submit more than one review for the same charter, only your most recent submission is eligible for use.

 

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information:

 

1.  A clear identification of the copyrighted work you claim was infringed.

2.  A clear identification of the material you claim is infringing the copyrighted work, and information that will allow us to locate that material on the web site, such as a link to the infringing material.

3.  Your contact information so that we can reply to your complaint, preferably including an email address and telephone number. 

4.  A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law."

5.  A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."

6.  The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

 

Notices with respect to this web site should be sent to: 

PO BOX 398, Mount Pleasant, SC 29465

 

We will review and address all notices that comply with the requirements above.

 

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that you may be liable for damages if you make a false claim of copyright infringement.

 

PREPAID RESERVATIONS

 

You acknowledge that OpenAngler.com publishes trip rates provided by trip providers to facilitate the booking of reservations on your behalf. The rate displayed on the web site is a combination of the required trip rate for trips reserved on your behalf by OpenAngler.com and the facilitation fee retained by OpenAngler.com to compensate us for our services. You authorize OpenAngler.com to book reservations for the total reservation price, which includes the charter rate displayed on the web site, plus tax recovery charges, service fees, and where applicable, taxes on OpenAngler.com’s services. You agree that your credit card will be charged by OpenAngler.com for the total reservation price. Upon submitting your reservation request you authorize OpenAngler.com to facilitate reservations on your behalf, including making payment arrangements with operators.

 

You acknowledge that, except as provided below with respect to tax obligations on the amounts we retain for our services, OpenAngler.com does not collect taxes for remittance to applicable taxing authorities. The charter suppliers are responsible for remitting applicable taxes to the applicable taxing jurisdictions. OpenAngler.com does not act as co-vendors with the supplier with whom we book or reserve our customer's travel arrangements. Taxability and the appropriate tax rate vary greatly by location. The actual tax amounts paid by OpenAngler.com may vary based on the tax recovery charge amounts, depending upon the rates, taxability, etc. in effect at the time of the actual use by our customers. We retain our fees as compensation in servicing your trip reservation. Our fees vary based on the amount and type of the reservation.

 

Sales, use and/or local taxes are imposed on the amounts that we charge for our services (facilitation fee and/or service fee) in certain jurisdictions. The actual tax amounts on our services may vary depending on the rates in effect at the time of your booking. 

 

PAY NOW ONLINE

 

With all reservations, you will be presented with the option to pay online immediately.  If you select the option to pay online immediately, you will be charged the amount in the currency that you select immediately. Tax rates and foreign exchange rates could change in the time between booking and service. You shall provide the details of your payment card and the supplier or OpenAngler.com will often have to verify: (i) the validity of the payment card (through a charge of a nominal value that is either refunded within a few days or deducted from the final payment due to the supplier) and, (ii) the availability of funds on the payment card (to be confirmed by the bank issuing your credit card). OpenAngler.com reserves the right to cancel your booking if full payment is not received in a timely fashion (please see Supplier Rules and Restrictions).

 

PRICES

The price of the travel services will be as quoted on the web site from time to time, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted.  Despite OpenAnglers.com’s best efforts, some of the travel services listed on the web site may be incorrectly priced. OPENANGLER.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR web site AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, IF AVAILABLE, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR WE WILL CANCEL YOUR RESERVATION WITHOUT PENALTY. OpenAngler.com is under no obligation to provide travel services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking 

 

CHANGES OR CANCELLATIONS 

 

You can cancel your booking online under your “Upcoming Trips” when signed into your OpenAngler.com account.

 

You can change your guest name, trip type, number of guests, and travel dates at no charge to you by OpenAngler.com. Trip providers may impose other change and/or cancellation fees.  Charges vary by reservation, so please review your confirmation email for details.

 

You agree to pay any supplier required cancellation or change fees that you incur. In limited cases, some suppliers do not permit changes to or cancellations of reservations after they are made, as indicated in the changes and cancellation policy for the reservation. You agree to abide by the terms and conditions imposed with respect to your prepaid reservations.

 

In the event that a provider is unable to honor your booking, OpenAngler.com will not be liable for any cost incurred due to rebooking, but will apply any applicable fees to the rebooking of another trip within the network.

 

These terms and conditions may not be changed by any unauthorized person, including employees of OpenAngler.com.

 

TRAVEL DESTINATIONS

 

Although most travel, including travel to international destinations, is completed without incident, travel to certain destinations may involve greater risk than others. OpenAngler.com urges passengers to review travel prohibitions, warnings, announcements and advisories issued by the United States Government prior to booking your trip. Information on conditions in various countries and the level of risk associated with travel to particular international destinations can be found at www.state.gov, www.tsa.gov, www.dot.gov, www.faa.gov, www.cdc.gov, www.treas.gov/ofac and www.customs.gov.

 

BY OFFERING FOR SALE TRAVEL TO PARTICULAR INTERNATIONAL DESTINATIONS, OPENANGELR.COM DOES NOT REPRESENT OR WARRANT THAT TRAVEL TO SUCH POINTS IS ADVISABLE OR WITHOUT RISK, AND IS NOT LIABLE FOR DAMAGES OR LOSSES THAT MAY RESULT FROM TRAVEL TO SUCH DESTINATIONS.

 

LIABILITY DISCLAIMER 

 

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES PUBLISHED ON THIS WEB SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. IN PARTICULAR, OPENANGLER.COM, ITS SUBSIDIARIES AND CORPORATE AFFILIATES (COLLECTIVELY, THE "OPENANGLER.COM COMPANIES") AND THE AFFILIATED, CO- BRANDED AND/OR LINKED web site PARTNERS THROUGH WHOM WE PROVIDE SERVICE (COLLECTIVELY, "OPENANGLER.COM AFFILIATES") DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE LISTING AND OTHER TRAVEL PRODUCTS DISPLAYED ON THIS WEB SITE (INCLUDING, WITHOUT LIMITATION, THE PRICING, PHOTOGRAPHS, LIST OF TRIP AMENITIES, GENERAL PRODUCT DESCRIPTIONS, ETC.). IN ADDITION, OPENANGLER.COM EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEB SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE. IN SUCH EVENT, WE WILL OFFER YOU THE OPPORTUNITY TO KEEP YOUR PENDING RESERVATION AT THE CORRECT PRICE OR, AT YOUR OPTION, WE WILL CANCEL YOUR RESERVATION WITHOUT ANY OPENANGLER.COM CHANGE OR CANCELLATION FEES.

 

TRIP RATINGS DISPLAYED ON THIS web site ARE INTENDED AS ONLY GENERAL GUIDELINES, AND THE OPENANGLER.COM COMPANIES AND THE OPENANGLER.COM AFFILIATES DO NOT GUARANTEE THE ACCURACY OF THE RATINGS. THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAKE NO GUARANTEES ABOUT THE AVAILABILITY OF SPECIFIC PRODUCTS AND SERVICES. THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES AND THEIR RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES ON THIS web site AT ANY TIME.

THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS WEB SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS web site DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES BY THE OPENANGLER.COM COMPANIES OR THE OPENANGLER.COM AFFILIATES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS WEB SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.

 

THE CARRIERS, OPERATORS AND OTHER SUPPLIERS PROVIDING TRAVEL OR OTHER SERVICES ON THIS web site ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE OPENANGLER.COM COMPANIES, OR THE OPENANGLER.COM AFFILIATES. THE OPENANGLER.COM COMPANIES AND THE OPENANGLER.COM AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM. THE OPENANGLER.COM COMPANIES AND THE OPENANGLER.COM AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.

 

IN NO EVENT SHALL THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS WEB SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS WEB SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS WEB SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS WEB SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS WEB SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE OPENANGLER.COM COMPANIES, THE OPENANGLER.COM AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

If, despite the limitation above, the OpenAngler.com Companies, the OpenAngler.com Affiliates or their respective suppliers are found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the OpenAngler.com Companies, the OpenAngler.com Affiliates or their respective suppliers liabilities will in no event exceed, in the aggregate, the greater of (a) the transaction fees assessed for your transactions on this web site, or (b) One-Hundred Dollars (US$100.00).

 

The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these terms is found to have failed of its essential purpose. The limitations of liability provided in these terms inure to the benefit of the OpenAngler.com Companies, the OpenAngler.com Affiliates, and/or their respective suppliers.

 

INDEMNIFICATION

 

You agree to defend and indemnify the OpenAngler.com Companies, the OpenAngler.com Affiliates, and/or their respective suppliers and any of their officers, directors, employees and agents from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:

 

• your breach of this Agreement or the documents referenced herein;

• your violation of any law or the rights of a third party; or

• your use of this web site.

 

LINKS TO THIRD-PARTY SITES

 

This web site may contain hyperlinks to web sites operated by parties other than OpenAngler.com. Such hyperlinks are provided for your reference only. We do not control such web sites and are not responsible for their contents or the privacy or other practices of such web sites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this web site or other web sites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such web sites does not imply any endorsement of the material on such web sites or any association with their operators.

 

SOFTWARE AVAILABLE ON THIS WEB SITE

 

Any software that is made available to download from this web site ("Software") is the copyrighted work of OpenAngler.com, OpenAngler.com Affiliates, and/or our respective suppliers. Your use of such Software is governed by the terms of the end user license agreement, if any, which accompanies, or is included with, the Software ("License Agreement"). You may not install or use any Software that is accompanied by or includes a License Agreement unless you first agree to the License Agreement terms. For any Software made available for download on this web site not accompanied by a License Agreement, we hereby grant to you, the user, a limited, personal, nontransferable license to use the Software for viewing and otherwise using this web site in accordance with these terms and conditions and for no other purpose.

 

Please note that all Software, including, without limitation, all HTML code and Active X controls contained on this web site, is owned by the OpenAngler.com Companies, OpenAngler.com Affiliates, and/or our respective suppliers, and is protected by copyright laws and international treaty provisions. Any reproduction or redistribution of the Software is expressly prohibited, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.

 

WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THE TERMS OF THE LICENSE AGREEMENT.

 

CURRENCY CONVERTER

 

Currency rates are based on various publicly available sources and should be used as guidelines only. Rates are not verified as accurate, and actual rates may vary. Currency quotes are not updated every day. Check the date on the currency converter feature for the day that currency was last updated. The information supplied by this application is believed to be accurate, but the OpenAngler.com Companies, the OpenAngler.com Affiliates, and/or our respective suppliers do not warrant or guarantee such accuracy. When using this information for any financial purpose, we advise you to consult a qualified professional to verify the accuracy of the currency rates. We do not authorize the use of this information for any purpose other than your personal use and you are expressly prohibited from the resale, redistribution, and use of this information for commercial purposes.

 

USER REVIEWS, COMMENTS, PHOTOS AND CONTENT

 

OpenAngler.com may display reviews, comments, photos and other material in relation to charters as well as other holiday and travel experiences ("Reviews"). OpenAngler.com may also offer a facility allowing users of this web site to post Reviews ("User Reviews"). You disclaim any proprietary rights you may have in such User Reviews, and the same may be freely used, copied, distributed and made available in any medium and in any form by OpenAngler.com or its affiliates without your permission. Where this posting facility is offered, you expressly agree only to submit User Reviews that are appropriate to that service, complying with these terms and conditions and also any accompanying guidelines made available on this web site. You grant OpenAngler.com and its subsidiaries and corporate affiliates (collectively, the "OpenAngler.com Companies") and the affiliated, co-branded and/or linked web site partners through whom we provide service (collectively, the "OpenAngler.com Affiliates"), a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to (a) use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such User Reviews throughout the world in any media, now known or hereafter devised; and (b) use the name that you submit in connection with such User Reviews. You acknowledge that the OpenAngler.com Companies may choose to provide attribution of your User Reviews (for example, listing your name and hometown on a charter review that you submit) at our discretion, and that such User Reviews may be shared with our supplier partners. You further grant the OpenAngler.com Companies the right to pursue at law any person or entity that violates your or the OpenAngler.com Companies' rights in the User Reviews by a breach of these Terms of Use. You acknowledge and agree that User Reviews are non-confidential and non-proprietary. You expressly waive any and all ‘moral rights’ (including rights of attribution or integrity) that may subsist in your User Reviews and agree that you have no objection to the publication, use, modification, deletion or exploitation of your User Reviews by us, the OpenAngler.com Affiliates or any of our partners or licensees.

 

Specifically, by using such a service, you represent and warrant that:

 

•   you own or otherwise control all of the rights to the User Reviews that you post; 

•   as at the date of posting, the User Reviews submitted are accurate; 

•   User Reviews that you supply do not breach any OpenAngler.com terms and conditions of use, guidelines or policies (as applicable from time to time); 

•   you will not intentionally or recklessly post information that could cause injury or offend any person or their business and in particular: you will not post any comments, information or material that is untrue; malicious; defamatory; abusive; obscene or could reasonably be taken as such; 

•   you will not act in any way to deceive or mislead and will not engage in or encourage any fraudulent or illegal activity; 

•   you will not to post or distribute any information or material that is owned by any third party without the express written consent of such party to do so; 

·         All photos submitted are subject to our photo submission guidelines

 

OpenAngler.com claims no ownership, affiliation with, or endorsement of any photos that are submitted by end users through our sites.

 

OpenAngler.com does not edit Reviews or User Reviews submitted and to the fullest extent permitted by law will not be in any way responsible or liable for such Reviews or User Reviews or their subsequent posting, use or distribution. In addition, OpenAngler.com does not verify, endorse or approve the views or comments expressed in any Reviews or User Reviews which are the personal views of the individuals submitting them. Any decisions made on the basis of reviews or comments appearing on the service are taken at your own risk. From time to time OpenAngler.com may offer customers incentives to leave User Reviews (i.e. discount coupon, entry into prize draws etc.). It is important to us that User Reviews are impartial and honest; these incentives will be available to customers regardless of whether the User Review is positive or negative.

 

OpenAngler.com reserves the right for any reason in its sole discretion to refuse to post or remove (without notice) any Reviews or User Reviews. Amongst other things, this includes situations where OpenAngler.com receives a third party complaint and/or has reason to believe that there has been a breach of these terms and conditions.

 

If you have a complaint about any reviews, comments or material posted on this web site you should put such complaint in writing. 

 

Note that OpenAngler.com reserves the right to ask for further information in relation to nature of such complaint and, if necessary, may ask you to verify your identify.

 Photo Submission Guidelines

 

Any photos you submit must be:

 

On topic – All photos must be relevant to accommodation, charter, location, or general travel experiences.

 

Community/family friendly –

  • Do not submit any photos or materials that are illegal, obscene, pornographic, profane, vulgar, offensive or insulting. 
  • Do not submit photos or materials that invade the privacy or violate any personal right of any person or entity.
  • Do not submit photos or information about children or any third parties without their consent (or their parent’s consent in the case a of a child under 13 years of age).
  • Children under 13 may not submit photos or other materials.

Original – You may only submit your own photos.  Do not submit photos from any other source (personal or commercial).  Do not submit photos that infringe the copyright, trademark, or other property right of any third party.

Non-commercial – Do not submit photos that include logos, branding, promotional material, or any other content intended for commercial purposes.

No harmful files – Do not submit photos that contain viruses or other harmful code that is either intended or may result in damage to the computers and systems of OpenAngler.com and/or those using it.

File properties: No individual photo may exceed 5MB file size. Photos submitted must be either .jpg, .bmp, .gif or .png format.

          

NOTICE OF INFRINGING MATERIAL

 

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information.  Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice regarding whether content or activity is infringing may expose you to liability for damages.  

         1. A clear identification of the copyrighted work you claim was infringed. 

         2. A clear identification of the material your claim is infringing is on the web site, such as a link to the infringing material. 

         3. Your address, email address and telephone number. 

         4. A statement that you have a "good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law." 

         5. A statement that "the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed." 

         6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

          

If material you have posted has been taken down, you may file a counter-notification by fax or regular mail that sets forth the items specified below.  You may want to seek legal counsel prior to doing so.  Please include the following details: 

          1. Identification of the specific content that was removed or disabled and the location where that content appeared on the web site. Please provide the URL address if possible.

          2. Your name, mailing address, telephone number and email address.

          3. A statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which OpenAngler.com may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

          4. The following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

         Sign the paper and send the written communication to the following address:

        PO BOX 398 Mount Pleasant, SC 29465

Account Termination

 In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, OpenAngler.com has adopted a policy of terminating, in appropriate circumstances and at OpenAnglers.com’s sole discretion, subscribers or account holders who are deemed to be repeat infringers. OpenAngler.com may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement. If you believe that an account holder or subscriber is a repeat infringer, please provide information sufficient for us to verify that the account holder or subscriber is a repeat infringer when filing your notice.

 

Counter Notification

 

OpenAngler.com does not tolerate false claims of copyright infringement. If you believe that content that you posted to our site was mistakenly removed due to a false claim of copyright infringement, then you can submit a DMCA Counter-Notice. When we receive a properly completed counter notification, we will forward it to the complaining rights owner. In the U.S., the DMCA allows us to restore your content if the rights owner does not file a court action against you within 10 business days of receiving the copy of your counter-notice.

 

To file a counter notification with us, you must provide a written communication by fax or regular mail that sets forth the items specified below. Please note that you will be liable for damages (including costs and attorneys' fees) if you materially misrepresent that content is not infringing the copyrights of others. If you are not sure whether certain material infringes the copyrights of others, then we suggest that you first seek legal counsel.

 

To expedite our ability to process your counter notification, please send us your notification using the following format:

 

1.  Identify the specific content that was removed or disabled by mistake. Indicate where that content appeared on OpenAngler.com’s site. Please provide the URL address if possible.

2.  Provide your name, mailing address, telephone number, email address, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which your address is located, or if your address is outside of the United States, for any judicial district in which OpenAngler.com may be found, and that you will accept service of process from the party who reported your content, or that party’s agent.

3.  Include the following statement: "I swear, under penalty of perjury, that I have a good faith belief that the content identified above was removed or disabled as a result of a mistake or misidentification.”

4.  Sign the paper.

5.  Send the written communication to the following address:

PO BOX 398 Mount Pleasant, SC 29465

 

GENERAL

 

These Terms of Use are governed by the Federal Arbitration Act, federal arbitration law, and for reservations made by U.S. residents, the laws of the state in which your billing address is located, without regard to principles of conflicts of laws.  Use of this web site is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement, including, without limitation, this paragraph. 

You agree that no joint venture, partnership, or employment relationship exists between you and the OpenAngler.com Companies as a result of this Agreement or use of this web site.

 

Our performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of this web site or information provided to or gathered by us with respect to such use.

 

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of this Agreement at any time does not waive our right to enforce the same or any other provision(s) hereof in the future

 

This Agreement (and any other terms and conditions referenced herein) constitutes the entire agreement between you and OpenAngler.com with respect to this web site, our services and your dealings and relationship with us, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial, arbitration or any other proceedings to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Fictitious names of companies, products, people, characters, and/or data mentioned on this web site are not intended to represent any real individual, company, product, or event.

 

Any rights not expressly granted herein are reserved. 

  

SERVICE HELP

 

For quick answers to your questions or ways to contact us, visit FAQ our Customer Care. Or, you can write to us at:

 

PO BOX 398 Mount Pleasant, SC 29465