Terms and Conditions

The following Terms and Conditions (hereinafter referred to as the “Terms”) govern all uses of www.explorewildnewyork.com (also referred to herein as “Website”), which is owned and maintained by Sander’s Fishing Guides, Inc. (hereinafter SFG), and any content uploaded, downloaded, or displayed on the Website, including but not limited to text, graphics, photos, information, links, maps, data, and geographic locations (collectively the “Content”). For purposes of the Terms, unless otherwise noted, all references to “SFG” include the Website. By using our Website, you as a subscriber granted access to the Website (hereinafter referred to as the “User”) consent to the data practices and legal provisions described in the Terms set forth herein.

By using the SFG services offered on this Website (hereinafter referred to as the “Services”), User agrees to be bound, without limitation, by all of the Terms stated herein and all other SFG operating rules and policies, including but not limited to our Privacy Policy (hereinafter referred to as the “Policies.” For purposes of the Terms stated herein, said Terms and Policies are collectively referred to herein as the “Agreement”). DO NOT access or use the Website or accept the Services if User has any reservations or concerns regarding said Terms and Policies, because if User does so, User becomes a party to the Agreement and bound to the provisions that are described below.

User also should be aware that minor children from time to time may gain access to and engage in the use of the Website. By becoming a party to the Agreement, User acknowledge that (1) such access and use by minors is possible; (2) User accepts legal responsibility for any liability resulting from said access to and use of the Website; and (3) it is User’s obligation as a parent/guardian to monitor said access to and use of the Website.

1. Disclaimer of Warranties and Assumption of Risk Resulting From Website Content

   The Services and/or information provided to Users of the Website and its components are offered and provided for informational purposes only. User understands that access to and use of SFG Services or any content contained on the Website (hereinafter referred to as the “Content”) are at User’s own discretion and risk.

   The Services are provided “as is.” SFG hereby disclaims all warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, and noninfringement. Nor does SFG make any warranty that the Services will be error-free or that access thereto will be continuous or uninterrupted. While it is expected that our Website will maintain an uptime that meets User needs, unforeseen conditions, or actions by third parties over whom SFG has no control, can negatively affect the Website’s uptime.

   By operating and making the Website available to Users, SFG does not represent or imply that it endorses the material there posted, or that such material is entirely accurate, useful, or nonharmful. The Website may also contain content from third parties, the downloading, copying, or use of which may be subject to additional terms and conditions, stated or unstated.

   It is understood and agreed that there are many risks and potential hazards associated with the activities mentioned in the Content that appears on the Website, including but not limited to becoming disoriented or lost; experiencing bodily harm and/or death; property damage; and trespassing on neighboring properties. Before using any of the Content on our Website, User should consult, as appropriate, with landowners and governing agencies for the most up-to-date information about the dangers and legality of partaking in the activities mentioned in the Content, medical professionals to address potential health issues, and equipment and safety experts.

   Numerous variables exist that can affect User’s use of the information presented on the Website, including but not limited to the following: actions by third parties; weather conditions; natural and man-made changes to site conditions that occur over time; stream and trail access limitations; and an individual’s skills, limitations, and capabilities. User acknowledges and assumes all risks and dangers that may result from use of the Website by himself/herself and friends, family and/or minor children for whom User has legal responsibility.

   User understands that the foregoing description of risks is NOT complete, and User is voluntarily choosing to participate in the activities described in the Content. User expressly waives any and all claims against SFG and hereby holds harmless, releases, and indemnifies SFG from any liability resulting from the use of the Website or any misrepresentations contained therein.

2. Map Disclaimer

   Maps presented on the Website are governed by the same Disclaimer of Warranty and Assumption of Risk that applies to all Website Content. However, SFG emphasizes that it is important for each User to exercise particular care when using maps posted on the Website. The Website does not serve as a travel guide, and the maps should be used for informational and planning purposes only. SFG does its best to confirm and correct map inaccuracies, but it has not and cannot review any maps in their entirety and, therefore, cannot be responsible for their use or effects.

3. Limitation of Liability

   To the maximum extent permitted by applicable law, in no event will SFG, its suppliers, or licensors be liable with respect to any subject matter of this Agreement under any contract, negligence, tort, strict liability, or other legal or equitable theory for: (i) any special, incidental, punitive, or consequential damages; (ii) the cost of procurement for substitute products or Services; (iii) for interruption of use or loss or corruption of data; (iv) any conduct or content of any third party on the site, including without limitation, any defamatory, offensive, or illegal conduct of other users or third parties; (v) unauthorized access, use, or alterations of User’s transmissions or content; or (vi) for any amounts that exceed the fees paid by User to SFG under this Agreement during the 12- month period prior to the cause of action. SFG shall have no liability for any failure or delay due to matters beyond their reasonable control.

   TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, SFG SHALL NOT BE LIABLE FOR ANY INJURIES, PERSONAL OR OTHERWISE, INCURRED DIRECTLY OR INDIRECTLY AS A RESULT OF USING THESE SERVICES OR PARTICIPATING IN ANY ACTIVITY OR VISITING ANY PLACE MENTIONED IN THE CONTENT.

   In no event shall the liability of SFG exceed the lesser of one hundred U.S. dollars (US$100.00) or the amount User paid to SFG, if any, in the past 12 months for the Services giving rise to the claim.

4. Privacy

   SFG reserves the right to access, read, preserve, and disclose any information as it reasonably believes is necessary to (i) satisfy any applicable law, regulation, legal process, or governmental request; (ii) enforce the Terms, including investigation of potential violations hereof; (iii) detect, prevent, or otherwise address fraud, security, or technical issues; (iv) respond to User support requests; or (v) protect the rights, property, and/or safety of www.explorewildnewyork.com, its users, and the public. SFG does not disclose personally identifying information to third parties except in accordance with SFG’s Privacy Policy. A copy of SFG’s Privacy Policy is separately posted on the Website.

5. Appropriate Conduct

   You understand that by using the Website, User agrees that User is responsible for his/her own conduct and the conduct of minor persons for whom User is legally responsible, and for any consequences thereof. User agrees to use the Website only for purposes that are legal, proper, and in accordance with these Terms and any applicable policies or guidelines. By way of example, and not as a limitation, User agrees that when using the Website, User will not:

   • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
   • Impersonate another person or entity, or falsify or delete any author attributions;
   • Interfere with or disrupt the Website or the Services or SFG servers; or
   • Create user accounts by automated means or under false or fraudulent pretenses.

6. User Accounts.

   If User creates an account on the Website, User is responsible for maintaining the security of the account, and User is fully responsible for all activities that occur under the account. User must immediately notify SFG of any unauthorized uses of the account or any other breaches of security. SFG will not be liable for any acts or omissions by User, including damages of any kind incurred as a result of such acts or omissions.

7. License to Content Submitted By User.

   By submitting content to any of the Services provided by the Website or SFG, User grants SFG a world-wide, royalty-free, and non-exclusive license (with the right to sublicense) to reproduce, modify, adapt, and publish the content submitted. This license allows SFG to publicly post content submitted by Users and to make it available to third parties selected by SFG so that the third parties can analyze and distribute User-submitted content through their respective services.

   By submitting content to the Website or to supplement any offered Services, User represents that User has the right to reproduce, modify, adapt, and publish the content, and User agrees to indemnify and hold SFG harmless for any claims of infringement by third parties as a result of SFG’s public posts of said submitted content, or as a result of third parties, who may be selected by SFG, distributing and posting User-submitted content through their respective services.

   Without limiting any of those representations or warranties, SFG has the right (though not the obligation), at SFG’s sole discretion, to: (i) refuse or remove any content that, in SFG’s reasonable opinion, violates any policy of SFG, infringes the copyright of third parties, or is in any way harmful or objectionable; or (ii) at SFG’s sole discretion, terminate or deny access to and use of the Website to any individual or entity for any reason. SFG will have no obligation to refund any amounts previously paid by User.

8. Editorial Control.

   SFG maintains the right to edit User-submitted content for the purpose of correcting factual errors, removing copyright violations, and changing or deleting any content that is otherwise in violation of SFG’s Policies.

9. Restrictions on Use.

   Any use of the content presented on the Website by a User must be compliant with the Computer Fraud and Abuse Act, and Users are hereby placed on notice that any unauthorized use of the content may result in criminal prosecution.

   By using the Website or Services, User (or those acting on User’s behalf) may not:

   • Use, repost, copy, distribute or publish the Content on our Website unless (i) the Content has been indicated by SFG to have another license and User uses the Content in accordance with that license, or (ii) User has explicitly been given permission to do so by SFG in a separate written agreement.
   • Use geographic location data (latitude, longitude coordinates) to create or augment any other dataset.
   • Access or search, or attempt to access or search, the Services by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by SFG (and only pursuant to the applicable Terms and Conditions), unless User has been specifically allowed to do so in a separate agreement with SFG.
   • Crawl any portion of the site unless the crawler (i) adheres to the rules in the Robots Exclusion Protocol, commonly known by its filename robots.txt; (ii) adheres to all other Terms in this Agreement, including, but not limited, to all restrictions on access and use of the Content; and (iii) does not scrape unless given prior permission to do so by SFG.
   • Access, reverse engineer, tamper with, or use non-public areas of the Services, SFG’s computer systems, or the technical delivery systems of SFG.
   • Probe, scan, or test the vulnerability of any system or network, or breach or circumvent any security or authentication measures.
   • Forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Services to send altered, deceptive, or false source-identifying information.
   • Attempt to interfere with or disrupt the access of any user, host, or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Services, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Services.

10. Responsibility of Contributors.

    If User posts content to the Services or otherwise makes, or allows any third party to make, content available by means of the Services, User is entirely responsible for the content of, and any harm resulting from, that content. That is the case regardless of whether the content in question constitutes text, maps, graphics, data, an audio file, or computer software. By making content available, User represents and warrants the following:

    • The downloading, reproduction, copying and use of the content will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, or trade secret rights, of any third party.
    • If User’s employer has rights to intellectual property User creates, User has either (i) received permission from User’s employer to post or make available the content, including but not limited to any software or works of art, or (ii) secured from User’s employer a waiver as to all rights in or to the content.
    • User has fully complied with any third-party licenses relating to the content and has done all things necessary to successfully pass through to end users any required terms.
    • The content does not contain or install any viruses, worms, malware, Trojan horses, or other harmful or destructive content.
    • The content is not spam, is not randomly or machine-generated, and does not contain unethical or unwanted commercial content designed to (i) drive traffic to third-party sites or boost the search engine rankings of third-party sites, (ii) further unlawful acts (such as phishing), or (iii) mislead recipients as to the source of the material (such as spoofing).
    • The content is not pornographic, does not contain threats or incite violence, and does not violate the privacy or publicity rights of any third party.

11. Automatic Subscription Renewal and Payment.

    When User subscribes to our Website, User has the option to accept or opt out of the subscription auto-renewal. If User’s subscription is set to auto-renew, User must notify SFG before the end of the applicable subscription period that User wants to cancel User’s subscription; otherwise, User’s subscription will automatically renew and User authorizes SFG to collect the then-applicable annual subscription fee (as well as any taxes) using any credit card or other payment mechanism we have on record for User. If User cancels their subscription, the subscription will not auto-renew. Note that all subscription fees are non-refundable (i.e., no partial refunds).

12. Copyright Infringement and Digital Millennium Copyright Act (DMCA) Policy.

    As SFG asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If User believes that material located on or linked to by the Website or any of the Services violates User’s copyright, User is encouraged to notify SFG. SFG will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. SFG will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of SFG or others. In the case of such termination, SFG will have no obligation to refund any amounts previously paid to SFG.

13. Intellectual Property.

    This Agreement does not transfer from SFG to User any SFG or third-party intellectual property, and all rights, title, and interest in and to such property will remain (as between the parties) solely with SFG. SFG, the SFG logo, and all other trademarks, service marks, graphics, and logos used in connection with SFG’s Website and Services are trademarks or registered trademarks of SFG or SFG’s licensors. Other trademarks, service marks, graphics, and logos used in connection with the Services may be the trademarks of other third parties. User’s use of the Services grants User no right or license to reproduce or otherwise use any SFG or third-party trademarks.

14. Changes to Terms.

    SFG reserves the right to amend the Terms herein on an as-needed basis. When changes are made, SFG will post a dated notice on the Home Page stating that the Terms have been modified and directing Users to the modified paragraphs. User understands and agrees that by using the Website or Services after the date on which the Terms have been changed, User accepts the updated Terms. If User disagrees with posted changes, then User should stop using the Services immediately. User’s continued use of the Website or Services will be subject to the new Terms. However, any dispute that arose before the changes shall be governed by the Terms (including the binding individual arbitration clause) that were in place when the dispute arose.

15. Termination.

    SFG may terminate User’s access to all or any part of the Website or Services at any time, with or without cause, with or without notice, effective immediately. If User wishes to terminate their account, User must contact the site administrator and request that the account be terminated. All provisions of the Terms that, by their nature, should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability. If User wishes to have their account terminated, SFG will make its best effort to remove any content that User submitted to the Services to the extent that User has complete ownership of said User-submitted content. Any edits made by the User community to such content will not be removed.

16. General Representation and Warranty.

    User represents and warrants that (i) User’s use of the Services will be in strict accordance with the Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in User’s country, state, city, or other governmental area) regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which User resides, and (ii) User’s use of the Services will not infringe or misappropriate the intellectual property rights of any third party.

17. Indemnification.

    User agrees to indemnify and hold harmless SFG, its contractors, and its licensors and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of User’s use of the Website or the Service, including but not limited to User’s violation of this Agreement.

18. Translation.

    The Terms were originally written in English (U.S.), but SFG may translate the Terms into other languages. In the event of a conflict between a translated version of the Terms and the English version, the English version will control.

19. Miscellaneous.

    This Agreement constitutes the entire Agreement between SFG and User concerning the subject matter hereof, and it may be modified only by a written amendment signed by an authorized SFG executive and the posting by SFG of text consistent with the authorized modified amendment.

    Except to the extent that applicable law, if any, provides otherwise, this Agreement and any access to or use of the Website or Services will be governed by the laws of the State of New York, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Buffalo, New York. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (JAMS) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Buffalo, New York, in the English language, and the arbitral decision may be enforced in any court. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. User may assign User’s rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; SFG may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.