Crappie Monster, LLC – DBA OTH Fishing
TERMS AND CONDITIONS OF USE AGREEMENT
Welcome to www.OTHfishing.com (the “Website”). Crappie Monster LLC (“Crappie Monster”, “OTH Fishing”, or “we”) provides this Website provides information and product about fishing and the crappie fishing community, allows users to become members and/or clients of Crappie Monster which provides an online shop for consumers to purchase Crappie Monster and/or OTH Fishing and/or third party fishing products. Please read this document carefully before accessing or otherwise using the Website.
Last updated: December 17, 2022
- Scope of Agreement
- Binding Agreement.
- Modification of Website or Agreement.
Crappie Monster may, at any time and in its sole discretion, modify, revise or otherwise change this Website (including without limitation adding or discontinuing any or all of the services, Content, or transactions offered through this Website), in whole or in part, without notice or liability to You.
Crappie Monster reserves the right to modify this Agreement at any time at its sole discretion. If Crappie Monster changes these terms and conditions, Crappie Monster will post the date of the last revision at the top of this Agreement and will post the revised version on the Website. The modified version of the Agreement will apply to all access and use of the Website and the Content provided in the Website thereafter. Additionally, Crappie Monster will send an email to you notifying you of the changes to these terms and conditions at the time the revisions are made. By continuing to access and use the Website once the modified Agreement is posted, You indicate Your assent to the modifications and Your agreement to be bound by this Agreement as modified.
- General Restrictions On Use & Termination
- (a) About the Website. This Website is for personal use only and provides you with information and resources about catfishing and the catfishing community, allows you to become a member of Crappie Monster and access your Crappie Monster account, provides you with an online market place for consumers to purchase and sell catfish-related products, and permits you to register to attend conferences hosted by Crappie Monster (the “Crappie Monster Services”). You may access and use this Website only for displaying the Website and the Content found on it on Your internet browser or your mobile device and only for the intended purpose of the Webiste..
- (c) True and Accurate Information. You represent and warrant that all information submitted through the Website will be true and accurate information. You further represent and warrant that all documentation submitted through the Website will be your own and will be true, accurate, and unaltered.
- Availability and Use of Website.
- (a) The availability of this Website depends on many factors, including some factors that are beyond Crappie Monster’s control, such as Your connection to the Internet and the Internet backbone. Crappie Monster shall not be liable to You if You cannot use this Site for any reason.
- (b) You represent and warrant that You are 18 years of age or older and have the ability to enter into this Agreement. If you are under the age of 18, you may not use this Website.
- (c) User Account. In order to use portions of the Website, You will be asked to register by providing Crappie Monster with certain identifying information about Yourself and selecting a user name and a password as part of our security procedures. Some of the information you will be asked to provide as part of creating an account or conducting a transaction through the Website is personal identifying information. Additionally, you may also be asked to agree to disclosure statements regarding the disclosure of your personal information. You shall treat Your password as confidential. You acknowledge that Your account is personal to You and shall not provide any person with access to this Website or portions of it using Your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of Your user name or password or any other breach of security. You also agree to ensure that You properly log out of your account at the end of each session. You should use particular caution when accessing Your account from a public or shared computer so that others are not able to view or record your password or other personal information.
- (d) Restrictions on Use. You must use this Website only in accordance with the terms and conditions of this Agreement and only for lawful purposes. You may not use the Website (a) to reverse engineer or decompile it, or to gain access (or attempt to access) areas or content provided on the Website or Crappie Monster’s services for which You do not have the proper authorization; (b) to impersonate any person or entity (including Crappie Monster or its employees) via screen names or user names or otherwise, or falsely state or otherwise misrepresent Yourself, your age, or your affiliation with any person or entity; (c) to link postings or sites together without consent of author of the postings; (d) in a manner that violates any national, state, local or international law, rule or regulation (including laws regarding the export of data or software); (e) for any commercial purpose, including to advertise, promote or sell products or services or to distribute solicitations in the nature of “junk mail,” “chain letters” or “spam;” (f) to further or promote any criminal or illegal activity or to provide instructional information about illegal activities; (g) in a manner that interferes with, disables, disrupts, impairs, or creates an undue burden on the services that support the Website or Crappie Monster’s products and/or services; (h) to harvest or collect email addresses or other contact information of other users by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications; (i) to send, knowingly receive, upload, download, use or re-use material that conflicts with the requirements or restrictions set forth in Section 4(c) above; or (j) via robot, spider or other automatic device, process or means to monitor or copy material on the Site; (k) in a way that attacks the Website via a denial-of-service attack or a distributed denial-of-service attack; (l) in a manner that Crappie Monster determines, in its sole discretion, restricts or inhibits any other user from using or enjoying the Website, the Content provided through the Website, or Crappie Monster’s services.
- Term; Termination.
- (a) In addition to any other legal or equitable remedies, Crappie Monster may, without prior notice to You, immediately terminate this Agreement, disable any user name, password or other identifier, or revoke any or all of Your rights granted under this Agreement. You may terminate this Agreement by contacting Crappie Monster by e-mail to firstname.lastname@example.org or by regular mail to Crappie Monster LLC, 114 Nicholas Dr, Martin, TN-38237, United States of America.
- (b) Effect of Termination. Upon any termination of this Agreement, You shall immediately cease all access to and use of this Website and Crappie Monster may, in addition to any other legal or equitable remedies, deny Your access to and use of this Website in whole or in part. Any termination of this Agreement shall not affect the respective rights and obligations of the parties arising before the effective date of termination. The provisions that by their nature, are intended to survive termination of this Agreement, shall survive the termination of this Agreement.
- Intellectual Property.
- (a) Intellectual Property Laws. S. and international copyright, trademark and other intellectual and proprietary laws protect this Website and the Content provided therein, and any unauthorized access to or use of this Website or the Content therein may violate such laws. Crappie Monster reserves the right to enforce its intellectual and proprietary rights to the fullest extent of the law.
- (b) All information and data that is part of this Website, including without limitation, text, course materials, software, graphics, photos, illustrations, images, results (collectively, “Content”), and the design, selection, and arrangement of the Content, and all trademarks, service marks, trade dress, logos and tag lines displayed in this Website (collectively, the “Marks”) and the copyrights, patents, trademark rights, and other intellectual property rights arising out of the foregoing are the sole and exclusive property of Crappie Monster or third parties. You are not granted any right, either express or implied, in any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual property or proprietary right of Crappie Monster or any of the goodwill associated with any of the foregoing. You shall not use the Marks or any confusingly similar version of them. To the extent that You use any Content or any copyright, Marks, patent, trade secret, right of publicity or other intellectual or proprietary right of Crappie Monster, such use and all goodwill associated therewith shall inure solely and exclusively to the benefit of Crappie Monster.
- (c) You shall not remove any copyright, trademark, or other proprietary legends or notices that appear on, in or as part of this Website.
- Links to Other Internet Sites.
-This Website may contain links to Internet sites owned, operated or maintained by third parties not under Crappie Monster’s control. These links are provided for Your convenience of reference only. Such links are not and shall not be deemed to be Crappie Monster’s endorsement of the organization or individual associated with the linked site. You assume sole responsibility and liability for Your use of such linked sites.
- Warranty Disclaimer; Limitation of Liability.
- (a) All Content, services, products, and transactions are provided on an “as-is” and “as available” basis without any warranties of any kind. This Website may include inaccuracies, mistakes, or typographical errors. You acknowledge that You use this Website is at Your own risk. Crappie Monster expressly disclaims any responsibility or liability for the loss or disclosure of any confidential information submitted or uploaded through the Website. Crappie Monster does not warrant that the Content, including Your use of the Website, will be uninterrupted or error free, accurate, useful, complete, error-free or uninterrupted, that defects will be corrected, that the Website or its server are free of viruses or other harmful components, or that the Website will meet your needs or expectations. Crappie Monster disclaims any and all representations and warranties, express or implied, including without limitation the implied warranties of merchantability, fitness for a particular purpose, noninfringement, title, quiet enjoyment, data accuracy, data completeness, security, reliability, quality, availability, and system integration. Crappie Monster shall not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses, or other technologically harmful material that may infect your computer or mobile device, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or by downloading any material posted on the Site or on any site linked to the Website.
- (b) Limitation of Liability. To the maximum extent permitted by applicable law, Crappie Monster, its affiliates, and any of their respective officers, directors, employees, or agents shall not be liable for punitive, consequential, incidental, exemplary, indirect, or special damages (including without limitation damages for lost profits, revenues, business, use, data, or other intangibles), whether or not such damages were foreseeable and even if Crappie Monster had been advised of the possibility or likelihood of such damages. To the maximum extent permitted by applicable law, Crappie Monster shall not be liable to You for any damages arising from Your use of the Website or from any other user of the Website, or from Your reliance on any information provided on the Website.
You agree to indemnify, defend and hold harmless Crappie Monster, its affiliates, and their respective officers, directors, shareholders, employees and agents, and all of their respective successors and assigns, from and against any and all claims, liabilities, losses, awards, judgments, settlements, costs, fees, expenses (including reasonable attorneys’ fees) and damages arising out of or relating to (i) Your access or connection to, or use of this Website, (ii) Your violation of a third party’s intellectual property or other rights, (iii) any claims alleging facts that, if true, would constitute a breach by You of the terms and conditions of this Agreement, (iv) injury to persons (including death) or property, including loss or corruption of data caused by You. Crappie Monster reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, and in such case, You agree to cooperate with Crappie Monster’s defense of such claims.
- Relationship Between the Parties.
You acknowledge that no joint venture, partnership, employment, or agency relationship exists between You and Crappie Monster as a result of this Agreement or any use of this Website or the Content therein. You agree not to hold Yourself out as a representative, agent, or employee of Crappie Monster and Crappie Monster shall not be liable for any representation, act or omission by You to the contrary.
You shall not assign or otherwise transfer this Agreement or assign, delegate or otherwise transfer any of Your rights, interests or obligations under this Agreement and any such assignment, delegation or other transfer shall be void. This Agreement shall inure to the benefit of Crappie Monster’s successors, assigns and licensees.
- Injunctive Relief; Remedies.
- (a) Injunctive Relief. You agree that Crappie Monster’s remedy at law for any actual or threatened breach of this Agreement would be inadequate and that Crappie Monster shall be entitled to specific performance or injunctive relief, or both, in addition to any damages that Crappie Monster may be legally entitled to recover, together with reasonable expenses of any form of dispute resolution, including but not limited to attorneys’ fees.
- (b) Cumulative Remedies. All rights and remedies granted to Crappie Monster under this Agreement are cumulative and not alternative, and are in addition to all other rights and remedies available to Crappie Monster at law or in equity.
- Governing Law and Jurisdiction; Limit on Commencing Actions.
- (a) Governing Law. This Agreement is governed by the laws of the State of Tenessee, U.S.A. without regard to its conflicts of laws principles. You consent to the exclusive jurisdiction and venue of the state and federal courts in the State of Tenessee, U.S.A in all disputes arising out of or relating to the use of this Site.
- (b) Limitation on Actions. You must commence any cause of action or claim against Crappie Monster within one (1) year after the cause of action or claim arises, otherwise You agree that Your cause of action or claim shall be barred.
- International Access.
This Website can be accessed from countries other than the United States. This Website may contain products or services, or references to products or services, that are not available outside of the United States. Any such references do not imply that such products or services will be made available outside the United States. If You access and use this Website outside the United States, You are responsible for complying with Your local laws and regulations.
- Contact Information.
Please send any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Website by e-mail to email@example.com, or write us at Crappie Monster LLC, 114 Nicholas Dr, Martin, TN-38237.
- Waiver; Severability; Integration.
No waivers shall be implied, whether from any custom or course of dealing or any delay or failure in Crappie Monster’s exercise of its rights and remedies hereunder or otherwise. Any waiver granted by Crappie Monster shall not obligate Crappie Monster to grant any further, similar, or other waivers. If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of this Agreement will continue in full force and effect. This Agreement represents the entire agreement between the parties, superseding any and all other prior or contemporaneous agreements, promises or representations between them regarding the subject matter of this Agreement.
- Reservation of Rights.
Crappie Monster reserves to itself any and all rights not expressly granted herein.
Welcome to www.othfishing.com (the “Website”), which is owned and operated by Crappie Monster (“Crappie Monster”, “OTH Fishing” or “we”) and forms part of the Terms and Conditions of Use that govern your use of the Website.
- Purpose. This Website is for personal use only and provides you with information and resources about catfishing and the catfishing community, allows you to become a member/customer of Crappie Monster and access your Crappie Monster account, provides you with an online shop and/or an online market place for consumers to purchase and sell fishing-related products, and permits you to register to attend events hosted by Crappie Monster (the “Crappie Monster Services”).
- (a) What Information Collected. We collect these types of information on the Website.
- (i) “Non-personal Information” is any information that does not identify you individually (such as group demographics) or does not permit a direct association with an individual. Non-personal Information may include information derived from Personal Information that has been de-personalized by removing unique identifiers and/or combining it with information about other users to form aggregated data. For example, we may collect web browsing history related to the Website, date and times of visits to the Website, date and number of videos viewed through the Website, and/or IP address associated with your device(s)
- (ii) “Personal Information” is your personally identifiable information, including first and last name together with email address, mailing address, telephone number, and credit card information. To the extent we associate Non-personal Information with Personal Information, we treat the combination as Personal Information.
- (b) How Information Collected. We collect information in the Website in these ways.
- (i) Voluntarily Provided. In the course of visiting and using the Website and the Crappie Monster Services, you may provide information to us voluntarily. For example, in order to use portions of the Website, complete a transaction, become a member of Crappie Monster, or register to attend a conference, you will be asked to complete a form to create a Crappie Monster online user account, including selecting user name and password. You will also be required to various registration forms in the course of becoming a member or registering for a conference. In the course of doing these tasks, you will be asked for information about yourself. If you voluntarily provide your Personal Information to us, we collect it. You choose whether to disclose Personal Information, but you will not be able to use portions of the Website, complete transactions, or take advantage of various Crappie Monster Services without doing so. Crappie Monster may collect information you send us and combine it with information from other users and/or de-personalize it to make it Non-personal Information.
- (ii)Technologically Gathered. We collect some information automatically as you navigate the Website. For example, we collect traffic data (such as information about how much time visitors spend on the Website or each page, etc.), collect and log “clickstream data” (such as internet protocol addresses, pages visited, clicks made, courses completed, and similar information) and information about your computer and internet connection (such as IP address, operating system, and browser type) for all visitors. This sort of information is generally considered Non-personal Information (unless it is combined with Personal Information that you or other sources provide to us). We may combine information about your use with information about others’ use to generate aggregated Non-personal Information about visitors as a group. Crappie Monster may collect information through “cookies” and other technology, such as clear GIF technology (also known as a “web beacon”) and we may combine this with your Personal Information or with other Non-personal information. This Website employs cookies and web beacons to speed your navigation of the Website, recognize you, and track your Website usage.
- (2) “Web beacons” are small bits of code embedded in web pages or emails that assist in delivering cookies. Web beacons help Crappie Monster determine whether a page on this Website has been viewed and, if so, how many times. For example, any electronic image on this Website, such as an ad banner, can function as a web beacon. We may also use web beacons in email messages to determine what the recipient has done with the message. Although you cannot decline to receive web beacons when visiting a web page, you can choose not to receive web beacons by email if you disable HTML images or refuse HTML email messages.
- (c) Do Not Track. The Website does not respond to do-not-track signals from browsers or other similar mechanisms. While Crappie Monster (with the assistance of its service providers) does collect information about Your use of the Website for its own use, Crappie Monster does not permit third party advertisers to collect personally identifiable information about Your online activities for their own use when You use the Website. Except as described above, Crappie Monster does not permit third-party behavioral tracking or any other third-party data collection through the Website.
- (a) What Information Collected. We collect these types of information on the Website.
- How We Use the Information. Generally, Crappie Monster uses information to improve our products and services, to improve, administer, customize, and/or maintain the Website, to manage transactions, to build relationships with you and other users, to build relationships with our vendors and other third parties, to provide you with information about Crappie Monster services, to fulfill other purposes for which you provide the information, to provide you with notices about your account, to carry out our obligations and enforce our rights, and to conduct market research and analysis. Additionally, Crappie Monster or its partners or affiliates may contact you regarding other purposes related to your use of the Crappie Monster Services. We may also contact you to obtain your input or to provide information about our services or products offered through the Website. Crappie Monster may identify you in connection with your use of certain aspects of this Website and may link information about your use of the Website with your Personal Information.
- (a) Transactions. If you provide Personal Information to us in connection making a transaction on the Website, registering as a Crappie Monster member, or registering to attend a conference, Crappie Monster or its partners or affiliates may use your information to process the transaction and communicate with you. Crappie Monster or its partners or affiliates may use your personal information to communicate with necessary parties regarding your conference or membership registration and your use of the Crappie Monster Services.
- (b) Marketing. We may use your Personal Information and/or Non-personal Information to offer, market and advertise to you via the Website and/or through email or U.S. mail. We may communicate with you about Crappie Monster’s services or third party services that may interest you. We may also share or sell some of your Personal (excluding credit card information) and/or Non-personal Information to third parties who offer market and advertise to you. We may use Non-personal Information to conduct market research and analysis for ourselves. Crappie Monster does not place any restrictions on the use of Non-personal Information.
- Data Security.
- (a) Security Measures. Crappie Monster takes steps to protect your Personal Information. Access to your Personal Information is restricted in the following ways: Crappie Monster protects access to your Personal Information via password. The servers on which your information is stored are kept in a secure environment protected by a firewall.
- (b) Steps you can Take. Where you have selected or received a password for use in connection with login information or accessing certain features of the Website, you are responsible for maintaining the confidentiality of the password and for not sharing it with anyone.
- (c) While Crappie Monster will endeavor to safeguard your Personal Information, it cannot guarantee absolute security. You acknowledge and agree that Crappie Monster shall not be liable for any security breach that results from causes or events that are beyond Crappie Monster’s control (such as acts of God, hacking, terrorism, power outages, defects in third party (including dealers’) security products and services, your own acts and omissions, and other similar events beyond Crappie Monster’s control).
- Disclosure to Third Parties.
- (b) Sharing Information. Crappie Monster may share your information (including Personal Information) with third parties that provide services to Crappie Monster or to You, including but not limited to our affiliates and partners and your lender. Crappie Monster may also share your Personal Information with non-affiliated third parties so that they may offer, market and advertise products and services directly to you. Crappie Monster does not place any restrictions on the use or disclosure of Non-personal Information. Crappie Monster may share it with anyone for any purpose.
- (c) California. California Civil Code Section 1798.83 permits users of the Website who are California residents to request certain information regarding our disclosure of Personal Information to third parties for their direct marketing purposes. To make such a request, please send an email to firstname.lastname@example.org, or write us at Crappie Monster LLC, 114 Nicholas Dr, Martin, KY-38237.
- Managing Your Information.
- (a) Information Access. Upon your request, Crappie Monster will remove your Personal Information from Crappie Monster’s records related to this Website. Doing this may prevent You from accessing and using the Website and the Crappie Monster Services. If you wish to update/correct Personal Information you have already provided to us, or if you wish to remove your Personal Information from our records, please send your request to us via email at email@example.com, or via postal mail at Crappie Monster LLC, 114 Nicholas Dr, Martin, KY-38237.
- (b) Opting Out.
- (i) Email Marketing. You may choose to opt out of receiving marketing emails from us at any time by sending your request to us via email at firstname.lastname@example.org or via postal mail at Crappie Monster LLC, 114 Nicholas Dr, Martin, KY-38237, or by using the means (such as clicking “unsubscribe”) provided in our marketing emails. Please note, however, that your opt-out will apply only to marketing emails, not email communications about your Transaction or other non-marketing correspondence.
We do not knowingly collect Personal Information from children under the age of 13 on our Website. If we discover that any registration is made by a child under the age of 13, such registration will be immediately and permanently canceled and removed from our Website, with or without notice.
- Contact Information.
Copyright – This agreement is the intellectual property of Catfish Conference LLC and may not be copied, utilized partially or in full, without prior written consent from Catfish Conference LLC.