Fish Destiny Terms of Service
These terms and conditions contain a binding arbitration clause and class action waiver that may significantly impact your rights about how to resolve disputes. If you live in the United States, please read it carefully.
By using the Website or any of the Products, or by clicking “I AGREE” or any similar button anywhere on the Website, you agree to be bound by the terms and conditions of this “Agreement”.
Please read this Agreement carefully prior to using the Website or the Products. If you do not agree to be bound by this Agreement and to follow all applicable laws, you should leave the Website and discontinue use of the Services and Products immediately. If you agree to the terms of this Agreement on behalf of a legal entity, you represent that you have the authority to bind that legal entity to this Agreement.
This Agreement, as the same may be modified from time to time, will remain in full force and effect at all times.
- By “Fish Destiny” we mean the features and services we make available, including through our website at fishdestiny.com and any other Fish Destiny LLC branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions) now existing or later developed.
- By “Vendor” we mean the person, agency or company responsible for delivering and managing the fishing charter service rendered through Fishdestiny.com.
- By “Customer/you“ we mean the person, agency or company paying for services delivered by the vendor through Fishdestiny.com.
- By “Service(s)” we mean the reservation of fishing trips through Fishdestiny.com through which Vendors can make their fishing trip services available online for reservation, and through which Customers can make such fishing trip reservations with Vendors.
- By “information” or “content” we mean facts and other information about a Vendor or Customer, including anything you or other users post on Fish Destiny.
Scope of Services
Fish Destiny acts only in the capacity of an agent on behalf of the Vendor or other Principal that is providing your Services. By making a booking through Fish Destiny, you are entering into a contract directly with the Vendor and you will be subject to their terms and conditions. The delivery terms and conditions of a Vendor can be obtained with the relevant Vendor, if requested, prior to a booking being confirmed or along with your booking confirmation. By confirming your booking you are accepting the Vendor’s terms and conditions and our terms and conditions.
Our Agreement with you sets out what you are legally entitled to expect from us when you book or reserve fishing trips through us.
From the point at which you make your reservation, we act solely as an intermediary between you and the Vendor, transmitting the details of your reservation to the relevant Vendor and sending you a confirmation email for and on behalf of the vendor.
We will do our best to assist you, but will have no liability in relation to the performance of the contract with the Vendor, and this should be taken up with the Vendor directly.
This Website is offered and available to users who are eighteen (18) years of age or older. By using this Website or any of the Fish Destiny Products or Services, you represent and warrant that you are eighteen (18) years of age or older and have legal capacity to form a binding contract. If you do not meet all of these requirements, you may not access or use the Website or any of the Fish Destiny Products or Services. If you are using the Website or any of the Fish Destiny Products or Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so. You may use the Website and the Fish Destiny services only in compliance with this Agreement and all applicable local, state, national, and international laws, rules, and regulations.
Fish Destiny makes available an online platform or marketplace with related technology for Customers and Vendors to meet online and arrange for bookings of fishing trips with each other. Fish Destiny is not an owner or operator of the properties, including, but not limited to, accommodations, boats, equipment, etc., nor is it a provider of properties, including, but not limited to, accommodations, boats, equipment, etc. PLEASE NOTE THAT, AS STATED ABOVE, THE WEBSITE AND FISH DESTINY PRODUCTS AND SERVICES ARE INTENDED TO BE USED TO FACILITATE CUSTOMERS AND VENDORS CONNECTING AND BOOKING FISHING TRIPS WITH EACH OTHER. FISH DESTINY CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY, OR SUITABILITY OF ANY FISHING TRIP. WE ARE NOT RESPONSIBLE FOR AND HEREBY DISCLAIM ANY AND ALL LIABILITY RELATED TO ANY AND ALL FISHING TRIPS. ACCORDINGLY, ANY FISHING TRIPS WILL BE MADE OR ACCEPTED AT THE CUSTOMER’S AND VENDOR’S OWN RISK.
Accessing the Website and Fish Destiny Services
You are solely responsible for maintaining the confidentiality, security, and correctness of your registration information. You are solely and fully responsible for all activities, liabilities, and damages that occur under your account or password or from your failure to maintain password confidentiality. You agree that we shall not be liable for any losses or damages arising from your failure to keep your username, password, or other registration information secure. You agree to notify us immediately of any unauthorized access to, or use of, your username or password or any other breach of security. You agree to comply with all applicable laws regarding online conduct and acceptable content.
We reserve the right to withdraw or amend the Website or any of the Fish Destiny Products or Services, and any product, service, or material we provide on the Website or the Fish Destiny Products or Services, in our sole discretion, without notice. We will not be liable to you if, for any reason, any part of or the entire Website or Fish Destiny Services are unavailable for your access or use at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users. You are responsible for:
- Making all arrangements necessary for you to have access to the Website.
- Ensuring that all persons who access the Website through your internet connection are aware of this Agreement and comply with it.
Pricing and Payment
Fish Destiny only charges the booking fee through our website, all final trip payments are to be made with the captains directly
You acknowledge that Fish Destiny pre-negotiates certain rates with Vendors to facilitate the booking of reservations on your behalf. The rate displayed on the Website is a combination of the pre- negotiated rate for Services reserved on your behalf by Fish Destiny and the facilitation fee retained by us to compensate us for our Services. You authorize Fish Destiny to book reservations for the total reservation price, which includes the rate displayed on the Website. Upon submitting your reservation request you authorize Fish Destiny to facilitate reservations on your behalf.
We retain our fees as compensation in servicing your travel reservation. Our fees vary based on the Vendor, total amount and type of reservation.
The price of the travel services will be as quoted on the Website, except in cases of obvious error. Prices are liable to change at any time, but changes will not affect bookings already accepted by our Vendors.
Despite our best efforts, some of the Services listed on the website may be incorrectly priced.
WE EXPRESSLY RESERVE THE RIGHT TO CORRECT ANY PRICING ERRORS ON OUR WEBSITE 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.
A final price will be given prior to your trip being confirmed. Errors are rare but can occur in the pricing system and these cannot be honored.
We are under no obligation to provide Services to you at an incorrect (lower) price, even after you have been sent confirmation of your booking.
All prices are shown in United States dollars, unless otherwise stated.
Most of the Services require a deposit at the time of booking for you to secure your fishing trip. Any outstanding balance is due to be paid to the Vendor prior to consuming Services rendered by and booked with your selected Vendor. If you do not pay your balance prior to consuming the Vendor’s Services, the Vendor may cancel the booking and charge any cancellation fees as set out in the Vendor’s terms and conditions.
Fish Destiny may decline to commence any booking process until one (1) business day after our payment processor confirms your payment. You agree that we are not responsible for any failure of our payment processor to remit payment to us that you may make through them, or any failure on their part to notify us of payment, and that in such cases, it is your duty to resolve the matter directly with our payment processor before we will acknowledge any payment by you.
Payments of the deposit can be accepted by PayPal, direct bank transfer or credit or debit cards. For payment instructions of the deposit by direct bank transfer please contact our Customer Service department. Payment by credit or debit card is possible for amounts up to 600.00 US Dollars and can be made only by the card holder or with the card holder’s approval. When making your payment by card, a handling fee may apply; please check this at time of booking. In the event the credit card holder is not also one of the passengers traveling, a Third Party Credit Card verification process will be completed up to and including completion of a Third Party Credit Card Form along with presentation of passport and driver’s license.
With certain Vendors, you may be presented with the option to pay the full amount immediately. If you select this option, you will be charged the amount in US dollars by direct bank transfer, and some additional charges and conditions may apply.
All payments must be processed successfully. If, however, you do not complete your payment program, all monies processed will be forfeited, and your booking will be cancelled.
All cancellations must be made 10 days prior to the date of the booked trip.
If a trip is cancelled within 10 days, you will be charged a $200.00 cancellation fee
By making a reservation with a Vendor, you accept and agree to the relevant cancellation and no-show policy of that Vendor, and to any additional terms and conditions of the Vendor that may apply to your reservation, including for services rendered and/or products offered by the Vendor (the delivery terms and conditions of a Vendor can be obtained with the relevant Vendor). The general cancellation and no-show policy of each Vendor is made available on our website on the Vendor information pages, during the reservation procedure and in the confirmation email. Please note that certain rates are not eligible for cancellation or change. Please check the Vendor’s details thoroughly for any such conditions prior to making your reservation.
If you wish to review, adjust or cancel your reservation, please revert to the confirmation email and follow the instructions therein. You may cancel or change your prepaid reservation in accordance with the individual Vendor’s selected cancellation policy, usually 24 to 72 hours prior to your start date. Please note that you may be charged for your cancellation in accordance with the Vendor’s cancellation and no-show policy. We recommend that you read the cancellation and no-show policy of the Vendor carefully prior to making a reservation.
Neither Fish Destiny nor its authorized representatives shall offer or pay any discounts or refunds for missed or unused services which were missed or unused by the Customer due to no fault of Fish Destiny or its representatives, which shall include any termination of the Customer’s participation in the Service due to the Customer’s own fault, negligence or breach of these Terms.
Cancellation by Vendors
As your contract is with the Vendor, the Vendor’s cancellation policy shall apply.
We do not accept any liability of whatever nature for the acts, omissions or default, whether negligent or otherwise, of those Vendors in connection with your travel pursuant to a contract between them and yourselves and over whom we have no direct control. We do not accept liability in contract or in tort (actionable wrong) for any injury, damage, loss, delay, additional expenses or inconvenience caused directly or indirectly by force or other events which are beyond our control, or which are not preventable by reasonable diligence on our part including, but not limited to war, civil disturbance, fire, floods, unusually severe weather, acts of God, acts of Government or of any other authorities, accidents to or failure of machinery or equipment or industrial action.
Please note that Vendors have the ultimate responsibility for the safety of the crew and the people onboard. In the event that the trip is no longer safe due to any reason, the Vendor has the right to cancel the whole or part of the trip (before or after departure).
If your booking has to be cancelled prior to departure due to unsafe weather conditions, you shall have the choice of:
- accept from Fish Destiny a full refund of deposit paid for the cancelled service(s).
- accept from Fish Destiny a substitute service(s) of equivalent value, where such substitute is reasonably available; or
- accept from Fish Destiny a substitute service(s) of lower value if no service(s) of equivalent value is reasonably available, and to recover from Fish Destiny the difference in deposit between the deposit of the tour originally purchased and that of the substitute one;
Fish Destiny is not responsible for any incidental expenses or consequential losses that the Customer may have incurred as a result of the cancelled booking such as visas, vaccinations, non-refundable flights or rail, non refundable car parking or other fees, loss of earnings, or loss of enjoyment, etc. Fish Destiny reserves the right to issue a full refund in lieu of the choices above, in its sole discretion.
If, as a Vendor, you cancel a confirmed booking, you agree that Fish Destiny may apply penalties or consequences to you or your presence on the Website, including, without limitation, (i) publishing an automated review on the Website indicating that you cancelled a reservation, (ii) keeping the calendar for your listing unavailable or blocked for the dates of the cancelled booking, (iii) imposing a cancellation fee (to be withheld from our future payouts or charged to the credit card on file in your Vendor account), or (iv) in the sole discretion of Fish Destiny, removing your Vendor listing from the Website, suspending your Vendor access to the Website, or otherwise limiting your use of the Website as a Vendor.
As a Vendor, you may create fishing trips. To create one, you will be asked a variety of questions. You acknowledge and agree that you alone are responsible for any and all content you post related to any fishing trip. Accordingly, you represent and warrant that any fishing trip you post and the booking of, or a Customer’s experience with a fishing trip you create will not breach any agreements you have entered into with any third parties, and will (i) be in compliance with all applicable laws (such as maritime laws and laws governing boats, bodies of water, etc.), tax requirements, intellectual property laws, and rules and regulations that may apply to any fishing trip you post (including having all required permits, licenses, and registrations), and (ii) not conflict with the rights of third parties. Please note that Fish Destiny assumes no responsibility for a Vendor’s compliance with any agreements with or duties to third parties, applicable laws, rules, and regulations. Fish Destiny reserves the right, at any time and without prior notice, to remove or disable access to any Fish Destiny trip for any reason, including ones that Fish Destiny, in its sole discretion, considers to be objectionable for any reason, in violation of this Agreement or Fish Destiny’s then-current policies, or that are otherwise harmful to the Website, Fish Destiny, or its Customers.
As a Vendor, you understand and agree that Fish Destiny does not act as an insurer or as your contracting agent. If a Customer requests a booking of your fishing trip, any agreement you enter into with such Customer is between you and the Customer and Fish Destiny is not a party to it.
Fish Destiny recommends that Vendors obtain insurance for their fishing trips. Please review any insurance policy that you may have for your fishing trip carefully and ensure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, without limitation, whether or not your insurance policy will cover the actions or inactions of Customers while on the trip.
Fish Destiny does not endorse any Vendor, Customer, or listing. Although Vendors and Customers are required by this Agreement to provide accurate information, Fish Destiny does not make any representations about, confirm, or endorse any Vendor, Customer, or any Vendor’s or Customer’s purported identity or background.
By using the Website, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Vendors or Customers or other third parties will be limited to a claim against the particular Vendor or Customer or other third party who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from us with respect to such actions or omissions.
You may use the Website and the Fish Destiny Products and Services only for lawful purposes and in accordance with this Agreement. You agree not to use the Website or the Fish Destiny
Products and Services:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
- To transmit, or procure the sending of any “junk mail,” “chain letter,” or “spam” or any other similar solicitation.
- To impersonate or attempt to impersonate Fish Destiny, a Fish Destiny employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or user screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Fish Destiny or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website or Fish Destiny Products or Services in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website or the Fish Destiny Products or Services, including their ability to engage in real time activities through the Website or Fish Destiny Products or Services.
- Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Website.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
- Attack the Website or Fish Destiny Products or Services via a denial-of-service attack or a distributed denial-of-service attack.
- Access, tamper with, or use non-public areas of the Website, Fish Destiny computer systems, or its delivery processes.
- Probe, scan, or test the vulnerability of any system or network or breach or circumvent the security or authentication measures.
- Access or search or attempt to access or search the services by any means other than those specifically provided by Fish Destiny.
- Forge any TCP/IP header in any email or posting, or in any way use the Fish Destiny Products or Services to send altered, deceptive, or false source-identifying information.
- Interfere with or disrupt the access of any Customer or Vendor.
- Otherwise attempt to interfere with the proper working of the Website.
Requirement to Review Vendor Rules and Restrictions
Separate terms and conditions may apply to your reservation and purchase of travel-related goods and services that you select. Please read these separate terms and conditions carefully. You agree to abide by the terms and conditions of purchase imposed by any Vendor with whom you elect to deal, including, but not limited to, payment of all amounts when due and compliance with the Vendor’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 Vendors 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 Vendor’s rules and restrictions may result in cancellation of your reservation(s), in your being denied access to the applicable product or services, and in your forfeiting any monies paid for such a reservation.
YOU AGREE THAT FISH DESTINY LLC. ARE NOT OBLIGATED TO DETERMINE WHETHER TAXES APPLY AND ARE NOT RESPONSIBLE TO COLLECT, REPORT, OR REMIT ANY TAXES ARISING FROM ANY TRANSACTION. YOU ARE SOLELY RESPONSIBLE FOR DETERMINING (I) YOUR APPLICABLE TAX REPORTING REQUIREMENTS, AND (II) THE TAXES THAT SHOULD BE INCLUDED, AND FOR INCLUDING TAXES TO BE COLLECTED OR OBLIGATIONS RELATING TO APPLICABLE TAXES. YOU ARE ALSO SOLELY RESPONSIBLE FOR REMITTING TO THE RELEVANT AUTHORITY ANY TAXES INCLUDED OR RECEIVED BY YOU. WE CANNOT AND DO NOT OFFER TAX-RELATED ADVICE TO ANY CUSTOMERS OR VENDORS.
As your contract is with the Vendor, all complaints should be addressed to them but we will do our best to assist you with any queries or concerns you may have relating to your arrangements. If you have a problem while on a fishing trip booked through us, you must report the same to the Vendor, their local supplier or representative immediately. If you fail to follow this procedure, your complaint is less likely to be properly investigated and rectified. Any complaints upon your return from your trip must be directed to the Vendor. You will see their contact details on the confirmation documents we send you. We will of course do our best to assist you if required.
Insurance and Safety
It is a condition of your booking with us that you and all other members of your party, including infants and children, are adequately insured. Some hazardous activities may require additional coverage – please check with your insurance vendor. It may be a term of your contract with the Vendor that you take out suitable insurance cover and inform the Vendor of whom you are insured with so that they can take down your insurer’s details. We cannot accept responsibility for any costs you incur as a result of not being adequately insured.
BY OFFERING SERVICES TO PARTICULAR INTERNATIONAL DESTINATIONS, FISH DESTINY 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.
Once you receive your confirmation e-mail, please check it carefully to make sure that all details are correct and also ensure that the names given are the same as in the relevant ID documents you will present to the Vendor. If you believe one or more details are not correct, please contact us. Please ensure you check the information provided so that you are fully aware of timings, durations, departures and other details. If you are unsure about any aspect of your trip please contact our Customer Service department.
Although every effort has been made to ensure that the information displayed is entirely complete and accurate, Fish Destiny accepts no liability for any injury to persons, or any loss or damage to property caused by errors or omissions in the data displayed, whether they result from negligence, accident or any other cause.
We do not accept responsibility for any activity or procedure that may be necessary in order to enjoy the use of our services, including, but not limited to, procuring or having in possession any passport or valid identification for travel. That is the sole responsibility of the Customer.
Use Of Our Website
We have made available various services, tools and functionality on this Website for your use. The information set out by us on these pages tells you how you can use these services, tools and functionality to find out about and book our Services (as well as those provided by Vendors), view content provided by us, interact with us and submit and share views with other Customers.
Your use of this Website is subject to these Website Terms and Conditions that incorporate our Customer Review Rules which set out the terms upon which you are able to submit reviews and content to us related to our products and services.
Customer Review Rules
You may submit your reviews, contributions and fishing experiences, all of which are subject to our .
By submitting reviews and contributions, you are granting Fish Destiny a non-exclusive, perpetual, royalty-free, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, distribute and display such content throughout the world via any media.
By submitting your review, you represent and warrant that:
- You own or control the content of your review and it is your own original work. Reviews should be genuine experiences and content should be relevant and helpful to other Customers of the website;
- The content is not defamatory and does not infringe any applicable content laws – this means you should not submit reviews that contain words, language or content that is or may be considered unlawful, defamatory, libelous, abusive, racially or sexually offensive or obscene;
- Your review does not contain any harmful content, including, without limitation, viruses, worms, Trojan horses or other computer program that may damage or affect any system or data;
- Your review does not contain questions or comments aimed at other Customers or Vendors or our staff and/or representatives;
- You will indemnify and hold harmless us and all our affiliates for all damages, costs and expenses incurred for breach of these warranties.
We reserve the right not to publish reviews, to amend content of reviews at any time and to remove reviews from this Website without notice after publication at our sole discretion.
Publication of these reviews and their content does not signify that we agree with the views and content given.
Limitation of Liability
In no event will Fish Destiny, its affiliates or any of their licensors, service providers, employees, agents, officers, managers, or members be liable for damages of any kind, under any legal theory, arising out of or in connection with, your use, or inability to use, the Website, the Fish Destiny services, any websites linked to it, any content on the Website, or such other Websites or any other services or items obtained through the Website, Fish Destiny services, or such other websites, including any direct, indirect, special, incidential, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, death, disability, loss of business, or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
Each Customer and Vendor, by making use of any of the Services of Fish Destiny or the Website agrees to release, defend, indemnify, and hold us and our affiliates and subsidiaries, and their officers, directors, employees, and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with your use of any of the Website or Fish Destiny Products or Services. Notwithstanding any United States or other law relating to the limitation of liability, Vendor and Customer agree to fully indemnify Fish Destiny in the full amount of damages actually paid by Fish Destiny pursuant to a dispute or controversy.
This Website contains links to other external websites operated by Vendors or partners or other third party websites.
Occasionally as you browse, book arrangements or use the functionality on this Website we may provide you with links or connect you to websites which may be our branded or third party branded sites. These links or connections are made available so you can search for and purchase additional services and find out further information on our services. Please note that we are not responsible for nor do we endorse the content of these websites and your access and use of these websites will be subject to the terms and conditions of those websites.
Maintenance of Website
Due to maintenance work, we reserve the right to alter, update, or cancel our Service at any time. We may conduct such maintenance for security reasons, intellectual property or other reasons at our discretion, and we are not required to explain such modifications.
Any notice or other communication given hereunder shall be deemed sufficient if in writing and sent by registered or certified mail, return receipt requested, overnight mail or courier addressed to Fish Destiny at the address indicated on top of this Agreement. Notices hereunder shall be deemed to have been given on the date of mailing, except notices of change of address, which shall be deemed to have been given when received.
Fish Destiny may revise and update this Agreement from time to time in our sole discretion and timing. All revisions, updates, or changes are effective immediately when we post them to the Website, and apply to all access to and use of the Website and Fish Destiny Products and Services thereafter. However, any changes to the dispute resolution provisions set forth in the Governing Law; Venue Section below will not apply to any disputes for which the parties have actual notice on or prior to the date the revision, update, or change is posted on the Website. Your continued use of the Website or Fish Destiny Products and Services following the posting of revised, updated, or changed Agreement means and shall constitute your acceptance and agreement to the revisions, updates, or changes. You are expected to check, read, and agree to this page each time you access or utilize the Website or the Fish Destiny Products and Services so you are aware of any revision, update, or change, as they are binding on you immediately.
Binding; Entire Agreement
This Agreement shall be binding upon and inure to the benefit of the parties hereto and to their respective heirs, legal representatives, successors, and assigns. This Agreement and its exhibits and incorporated references stated herein sets forth the entire agreement and understanding between the parties as to the subject matter thereof and merges and supersedes all prior discussions, agreements, and understandings of any and every nature between them.
Governing Law; Venue
This Agreement and its validity, construction, and performance shall be governed in all respects by the laws of the Commonwealth of Virginia, notwithstanding its or any other jurisdiction’s choice of law principles without regard to its conflict of laws provisions. Any dispute or controversy arising out of, relating to, or in connection with this Agreement will be exclusively resolved in the Commonwealth of Virginia, through binding arbitration (see Arbitration).
The waiver by us of a breach of any provision of this Agreement will not operate or be construed as a waiver of any subsequent breach. If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to the extent applicable, be invalid or unenforceable, the remainder of this Agreement and the application of such term of provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
Class Action Waiver
Both you and Fish Destiny agree that each may bring claims against the other in an individual capacity only. Neither you nor Fish Destiny may bring a claim as a plaintiff or class member in any class action, consolidated action or representative action. We both waive the right to a jury trial.
Any dispute or claim relating in any way to your use of any of Fish Destiny’s services will be resolved by binding arbitration in accordance with the rules for commercial arbitration of the American Arbitration Association (or a similar organization) in effect at the time such arbitration is initiated, and subject further to the provisions of the Virginia Uniform Arbitration Act. The decision of the arbitrator shall be final and binding upon all Parties.
No Third Party Beneficiaries
Nothing contained herein is intended, nor shall it be construed, to confer any rights or benefits upon any person (including, but not limited to, any employee, agent, contractor, officer, shareholder, member, manager or former agent of you) other than you, and no other person shall have any rights or remedies under this Agreement.
We shall not be liable or responsible, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, electronic outages, website or Internet malfunctions, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.