Terms and Conditions

Agreement between User and www.baitfinder.com

Welcome to www.baitfinder.com and the app BaitFinder. The www.baitfinder.com website (the

"Site") and BaitFinder(the "App) is comprised of various web pages and cloud applications

operated by BaitFinder LLC ("Baitfnder"). www.baitfinder.com and BaitFinder (the "App) is

offered to you conditioned on your acceptance without modification of the terms, conditions, and

notices contained herein (the "Terms"). Your use of www.baitfinder.com and/or BaitFinder (the

"App) constitutes your agreement to all such Terms. Please read these terms carefully, and keep a

copy of them for your reference.

www.baitfinder.com is an E-Commerce Site.

BaitFinder (the "App") is an E-Commerce mobile application

BaitFinder.com and the application BaitFinder are used to provide realtime access to bait availability, push notifications (premium version), and a reservation system to enable the reservation of bait at a future point in time.

Electronic Communications

Visiting www.baitfinder.com, using BaitFinder or sending emails to Baitfnder constitutes electronic

communications. You consent to receive electronic communications and you agree that all

agreements, notices, disclosures and other communications that we provide to you electronically,

via email and on the Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that Baitfnder is not responsible for

third party access to your account that results from theft or misappropriation of your account.

Baitfnder and its associates reserve the right to refuse or cancel service, terminate accounts, or

remove or edit content in our sole discretion.

Children Under Thirteen

Baitfnder does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use www.baitfinder.com only with

permission of a parent or guardian.

Baitfnder does not knowingly collect, either online or offline, personal information from persons

under the age of thirteen. If you are under 18, you may use www.baitfinder.com only with

permission of a parent or guardian.

Cancellation/Refund Policy

BaitFinder premium services may be cancelled within 24 hours of initial use with full refund.

Following the initial 24 hour cancellation window, no refunds will be issued. BaitFinder premium

services will be automatically renewed each year, you may cancel the premium service at any time and it will not be automatically renewed, or a user may cancel within 30 days of each renewal expense for full refund.

Reservations involve payment and expense incurred by BaitFinder and associated vendors at time

of reservation and cannot be cancelled or returned.

Links to Third Party Sites/Third Party Services

www.baitfinder.com may contain links to other websites ("Linked Sites"). The Linked Sites are not

under the control of Baitfnder and Baitfnder is not responsible for the contents of any Linked Site,

including without limitation any link contained in a Linked Site, or any changes or updates to a

Linked Site. Baitfnder is providing these links to you only as a convenience, and the inclusion of

any link does not imply endorsement by Baitfnder of the site or any association with its operators.

Certain services made available via www.baitfinder.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the

www.baitfinder.com domain or BaitFinder (the "App"), you hereby acknowledge and consent that

Baitfnder may share such information and data with any third party with whom Baitfnder has a

contractual relationship to provide the requested product, service or functionality on behalf of

www.baitfinder.com and BaitFinder the "App") users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

www.baitfinder.com and BaitFinder app strictly in accordance with these terms of use. As a

condition of your use of the Site, you warrant to Baitfnder that you will not use the Site for any

purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner

which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Baitfnder or its suppliers

and protected by copyright and other laws that protect intellectual property and proprietary rights.

You agree to observe and abide by all copyright and other proprietary notices, legends or other

restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Baitfnder content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Baitfnder and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Baitfnder or our licensors except as expressly authorized by these

Terms.

Use of Communication Services

The Site and App may contain bulletin board services, chat areas, news groups, forums,

communities, personal web pages, calendars, and/or other message or communication facilities

designed to enable you to communicate with the public at large or with a group (collectively,

"Communication Services"). You agree to use the Communication Services only to post, send and

receive messages and material that are proper and related to the particular Communication

Service.

By way of example, and not as a limitation, you agree that when using a Communication Service,you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.

 

Baitfnder has no obligation to monitor the Communication Services. However, Baitfnder reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Baitfnder reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

 

Baitfnder reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Baitfnder's sole discretion.

 

Always use caution when giving out any personally identifying information about yourself or your

children in any Communication Service. Baitfnder does not control or endorse the content,

messages or information found in any Communication Service and, therefore, Baitfnder specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Baitfnder spokespersons, and their views do not necessarily reflect those of Baitfnder.

Materials uploaded to a Communication Service may be subject to posted limitations on usage,

reproduction and/or dissemination. You are responsible for adhering to such limitations if you

upload the materials.

Materials Provided to www.baitfinder.com or BaitFinder App or Posted on Any Baitfnder Web Page or Application page

Baitfnder does not claim ownership of the materials you provide to www.baitfinder.com (including

feedback and suggestions) or post, upload, input or submit to any Baitfnder Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission you are granting Baitfnder, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission, as provided herein.

Baitfnder is under no obligation to post or use any Submission you may provide and may remove

any Submission at any time in Baitfnder's sole discretion.

By posting, uploading, inputting, providing or submitting your Submission you warrant and

represent that you own or otherwise control all of the rights to your Submission as described in this

section including, without limitation, all the rights necessary for you to provide, post, upload, input

or submit the Submissions.

Third Party Accounts

You will be able to connect your Baitfnder account to third party accounts. By connecting your

Baitfnder account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.

International Users

he Service is controlled, operated and administered by Baitfnder from our offices within the

USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Baitfnder Content accessed

through www.baitfinder.com or BaitFinder app in any country or in any manner prohibited by any

applicable laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Baitfnder, its officers, directors, employees,

agents and third parties, for any losses, costs, liabilities and expenses (including reasonable

attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any

user postings made by you, your violation of any terms of this Agreement or your violation of any

rights of a third party, or your violation of any applicable laws, rules or regulations. Baitfnder

reserves the right, at its own cost, to assume the exclusive defense and control of any matter

otherwise subject to indemnification by you, in which event you will fully cooperate with Baitfnder

in asserting any available defenses.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Baitfnder agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE OR APP MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BAITFINDER LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BAITFINDER LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BAITFINDER LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BAITFINDER LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF BAITFINDER LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Baitfnder reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby

consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Baitfnder as a result of this agreement or use of the Site. Baitfnder's performance of this

agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Baitfnder's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Baitfnder 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, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Baitfnder with respect to the Site and it supersedes all prior or contemporaneous 

communications and proposals, whether electronic, oral or written, between the user and Baitfnder with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

Changes to Terms

Baitfnder reserves the right, in its sole discretion, to change the Terms under which

www.baitfinder.com is offered. The most current version of the Terms will supersede all previous

versions. Baitfnder encourages you to periodically review the Terms to stay informed of our

updates.

Contact Us

Baitfnder welcomes your questions or comments regarding the Terms:

BaitFinder LLC

11404 Mordred Court

Austin, Texas 78739

Email Address:

chris.auger@baitfinder.com

Telephone number:

5123091608

Effective as of June 01, 2019