TERMS AND CONDITIONS

USE OF THE TAKE ME FISHING PLACES TO FISH AND BOAT MAP TOOL

The Recreational Boating & Fishing Foundation (“RBFF”), a tax-exempt section 501(c)(3) organization, has developed a tool (powered by Fishbrain) known as the Take Me Fishing Places to Fish and Boat Map (“Map”) that provides boating and fishing access information to its users. To help broadly disseminate this information, RBFF allows companies, organizations, government agencies, and individuals (“Licensee” or “you”) to insert the Map on their websites, subject to the following binding Terms and Conditions for Use of the Take Me Fishing Places to Fish and Boat Map Tool (the “Agreement”).

THIS AGREEMENT IS A BINDING LEGAL AGREEMENT BETWEEN RBFF AND YOU AND IS ACCEPTED BY DOWNLOADING, INSERTING, OR USING THE MAP. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE THE MAP.

I. GRANT OF LICENSE

i. Subject to Licensee’s full and complete compliance with the terms and conditions of this Agreement, RBFF hereby grants Licensee a limited, nonexclusive, royalty free, revocable, terminable, non-transferable license to use and display the Map on Licensee’s website for noncommercial purposes only. This requirement that the Map be used for noncommercial purposes specifically precludes, without limitation, all distribution or use of the Map in exchange for monetary or other consideration. No right to sublicense or authorize sublicensing, and no right to copy, use, or distribute the Map other than as expressly provided herein, is being provided by this Agreement. YOU MAY NOT DIRECTLY OR INDIRECTLY ATTEMPT TO RE-SELL, REDISTRIBUTE, SYNDICATE OR OTHERWISE COMMERCIALIZE THE MAP IN ANY WAY.

ii. Licensee may not modify the Map, as provided by RBFF. Without implication of limitation, you may not separate the Map into component parts, change any code, obscure or disable any element of the Map, change or add to the branding and/or RBFF trademarks connected with the Map, form any combination trademarks with RBFF trademarks, or create derivative works.

iii. All right, title, and interest in and to the Map, including all intellectual property rights, shall remain the exclusive property of RBFF and/or its licensors. RBFF does not sell or transfer ownership of the Map, but instead permits use of it under license pursuant to the terms of this Agreement, while retaining ownership of each and every individual copy of the Map.

iv. The license granted under this Agreement does not permit Licensee to place the Map among materials, or otherwise in a context, that would reasonably be viewed as being offensive or embarrassing to RBFF; by way of example, and not limitation, the license granted under this Agreement does not permit distribution or use with material that may be perceived as lewd, hate mongering, or otherwise offensive to RBFF or to a reasonable person.

v. Licensee may not directly or indirectly suggest any endorsement or approval by RBFF of your website or any entity, product or content or any views expressed within your site or service.

II. NO REPRESENTATIONS OR WARRANTIES OF ANY KIND

i. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT OR ANYWHERE ELSE, RBFF DISCLAIMS ANY, AND MAKES NO, EXPRESS, IMPLIED, STATUTORY, OR OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT OR THE MAP. IT IS UNDERSTOOD THAT THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE FOLLOWING

1. NO REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE ARE PROVIDED;
2. NO REPRESENTATIONS OR WARRANTIES ARE PROVIDED THAT ANYTHING USED, DISTRIBUTED, OR OTHERWISE DISPOSED OF UNDER THIS AGREEMENT WILL NOT INFRINGE PROPRIETARY RIGHTS OF THIRD PARTIES; AND
3. NO REPRESENTATIONS OR WARRANTIES ARE PROVIDED REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AVAILABILITY, ACCURACY OF INFORMATION CONTAINED IN, AND PERFORMANCE OF THE MAP.

ii. YOU UNDERSTAND AND AGREE THAT YOU USE THE MAP AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY TECHNICAL, HARDWARE, SOFTWARE OR TELEPHONE FAILURES OF ANY KIND, LOST OR UNAVAILABLE NETWORK CONNECTIONS, FRAUD, INCOMPLETE, GARBLED OR DELAYED COMPUTER TRANSMISSIONS AND LOSS OF DATA, WHETHER CAUSED BY RBFF OR RESULTING FROM THE USE OF THE MAP.

iii. RBFF DISCLAIMS ANY RESPONSIBILITY FOR ANY HARM RESULTING FROM YOUR USE OF THE MAP. IN NO EVENT SHALL RBFF BE LIABLE FOR DAMAGES IN CONNECTION WITH ANYTHING THAT IS DONE PURSUANT TO THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF ANY DOWNLOADING, INSERTING, USE, OR DISTRIBUTION OF THE MAP, OR ANY INABILITY TO DOWNLOAD, INSERT, USE, OR DISTRIBUTE THE MAP, EVEN IF RBFF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH.

III. MISCELLANEOUS

i. Termination. This Agreement shall become invalid and shall terminate without notice if Licensee uses or distributes the Map in violation of this Agreement. In addition, RBFF may terminate or modify the license granted pursuant to this Agreement at any time for any reason upon notice to Licensee or upon posting notice on the RBFF website. RBFF may also cease to provide the content of the Map at any time for any reason. You may terminate this Agreement and the license granted herein at any time by removing all copies of the Map from your site, all hard drives, networks and other storage media.

ii. Modification. This Agreement may be modified by RBFF from time to time. RBFF may change the terms of this Agreement, and you are responsible for regularly reviewing these terms. Your continued use of the Map after the effective date of such changes will mean you accept those changes.

iii. Severability. This Agreement shall be deemed severable. If any provision of the Agreement is rendered or deemed void, unenforceable, or otherwise ineffective by operation of law, the other provisions of this Agreement shall not be affected and shall remain in full force and effect. The parties shall in such case negotiate in good faith to replace such illegal, void or unenforceable provision with a provision that corresponds as closely as possible to the intentions of the parties as expressed by such illegal, void or unenforceable provision.

iv. Applicable Law. This Agreement shall be shall be construed, governed, interpreted and applied in accordance with the law of the Commonwealth of Virginia, without regard to conflict of law rules and without regard to any presumption or rule requiring construction or interpretation against the party drafting or causing any instrument to be drafted. Any legal action or proceeding relating to this Agreement shall be brought only before a court sitting in the Commonwealth of Virginia and courts hearing appeals therefrom. By using or distributing materials covered by this Agreement, Licensee irrevocably accepts the jurisdiction of the aforesaid courts and waives any and all rights it may have to object to the jurisdiction of any such court or to transfer or change the venue of any action or proceeding relating to this Agreement, as may be requested by RBFF. No right or remedy conferred upon or reserved to the parties pursuant to this Agreement is exclusive of any other right or remedy provided or permitted at law or in equity.

v. Entire Agreement. This Agreement contains the final and complete contract of the parties and supersedes all prior oral or written promises, undertakings, understandings, or negotiations concerning the subject matter of this Agreement. This Agreement shall inure to the benefit of and be binding upon the parties and their successors and assigns.

vi. Nonwaiver. Neither the failure of either party at any time to enforce any of the provisions of this Agreement nor the granting at any time of any other indulgence shall be construed as a waiver of that provision or of the right of either party afterwards to enforce that or any other provision.

AS INDICATED ABOVE, LICENSEE ACKNOWLEDGES ACCEPTANCE OF THIS AGREEMENT BY DOWNLOADING, INSERTING, OR USING THE MAP COVERED BY THIS AGREEMENT.