Last Modified: June 22, 2020
- Permitted Use of The Website
- Prohibited Use of The Website
By accessing the website, you agree that you will not:
- Copy, modify, create a derivative work from, reverse engineer or reverse assemble the website, or otherwise attempt to discover any source code, or allow any third party to do so;
- Sell, assign, sublicense, distribute, commercially exploit, grant a security interest in or otherwise transfer any right in, or make available to a third party, the Content or Product/Service in any way;
- Use the website in any manner that damages, disables, overburdens, or impairs any Fathom Science website or interferes with any other party’s use and enjoyment of the website;
- Mirror or frame the website or any part of it on any other website or web page.
- Attempt to gain unauthorized access to the website;
- Access the website by any means other than through the interface that is provided by Fathom Science for use in accessing the website;
- Use the website for any purpose or in any manner that is unlawful or prohibited by this Agreement.
Any unauthorized use of any Content or the website may violate patent, copyright, trademark, and other laws.
- Copyrights and Trademarks
The website is protected by applicable intellectual property and other laws, including trademark and copyright laws. The website, including all intellectual property rights in the website, belongs to and is the property of Fathom Science or its licensors (if any). Fathom Science owns and retains all copyrights in the Content. Except as specifically permitted on the website as to certain Content, the Content may not be copied, reproduced, modified, published, uploaded, posted, transmitted, performed, or distributed in any way, and you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, or create derivative works based on the Content or the website, in whole or in part, by any means. Fathom Science, the Fathom Science logos, and other marks used by Fathom Science from time to time are trademarks and the property of Fathom Science. The appearance, layout, color scheme, and design of the Fathomscience.com website are protected trade dress. Customer does not receive any right or license to use the foregoing.
“Membership Fee” means the amount you pay for the Membership Service.
“Membership Service” means all of our web-based maps that you have purchased a membership to by an Order Form or that we otherwise make available to you, and are developed, operated, and maintained by us, accessible via https://fishcast.fathomscience.com or another designated URL, and any ancillary products and services that we provide to you.
“Membership Term” means the initial term of your Membership to the applicable Membership Service, as specified on your Order Form(s), and each subsequent renewal term (if any).
“Order” means the order paced by the customer for Membership.
“Product” means maps or other products that are offered.
- General Commercial Terms
- During the Membership Term, we will provide you access to use the Membership Service as described in this Agreement and the applicable Order.
- Additional Products. You may purchase a membership to additional products of the Membership Service by placing an additional Order. This Agreement will apply to all additional Order(s) and all additional products that you activate from https://fishcast.fathomscience.com or another designated URL.
- Fees and Payments
- Membership Fees
The Membership Fee will remain fixed during the Membership Term unless you purchase additional features or products.
- Membership Term, Termination, Suspension, Notice of Non-Renewal
- Term and Renewal. Your initial Membership period will be specified in your Order, and your Membership will automatically renew for the same Membership period. Only terms of one week, one month, and one year will automatically renew. To prevent renewal of the Membership, the required notice must be provided within the timeframe as specified in the ‘Notice of Non-Renewal’ section below. Or, the Member can cancel their Membership directly from their My Account page by clicking on the “Cancel your Membership” link.
- The renewal pricing set forth in your Order will apply, subject to adjustment as specified in the ‘Fees and Payments’ section above.
- No Early Termination; No Refunds. The Membership Term will end on the expiration date and the Membership cannot be cancelled early. We do not provide refunds if you decide to stop using the Membership during your Membership Term.
- Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Membership Services: (i) upon thirty (30) days’ notice to the other party of a material breach if such breach remains uncured at the expiration of such period, or (ii) immediately, if the other party becomes the subject of a petition in bankruptcy or any other proceeding relating to insolvency, cessation of business, liquidation or assignment for the benefit of creditors. We may also terminate this Agreement for cause immediately if we determine that you are acting, or have acted, in a way that has or may negatively reflect on or affect us, our prospects, or our customers. This Agreement may not otherwise be terminated prior to the end of the Membership Term.
- Suspension for Prohibited Acts. We may suspend any User’s access to any or all Membership Services without notice for: (i) use of the Membership Service in a way that violates applicable local, state, federal, or foreign laws or regulations or the terms of this Agreement, (ii) repeated instances of posting or uploading material that infringes or is alleged to infringe on the copyright or trademark rights of any person or entity. We may, without notice, review, edit, and delete any Customer Data or Customer Materials that we determine in good faith violate these terms, provided that we have no duty to prescreen, control, monitor, or edit your Customer Data or Customer Materials.
- Notice of Non-Renewal. Your Membership will automatically renew according to the ‘Term and Renewal’ section above.
If you decide not to renew, you may send a non-renewal notice to us by going to your My Account page and clicking on the “Cancel your Membership” link.
- Membership Service Options
For each day you have access, you get hourly forecast maps for today, tomorrow, and the next day.
You may purchase a Membership to one (a single) region or multiple regions.
For single region Memberships, you may choose your Membership term: one day, one week (seven days), one month (31 days), or one year (365 days). The Membership term begins on the day we receive your payment.
For multiple region Memberships, you may choose any number of regions from two to all available regions. Multiple region Memberships are available only for a Membership term of one year.
- Single Region Pricing
Access: Unlimited access to all the maps in the single region as soon as your payment is received.
- One Day purchase gives you access for the day you make payment.
- One Week purchase gives you access for seven calendar days, starting the day your payment is received.
- One Month purchase gives you access for 31 calendar days, starting the day your payment is received.
- One Year purchase gives you access for 365 calendar days, starting the day your payment is received.
- Multiple Region Pricing
Access: Unlimited access to all the maps in the regions you purchased a Membership for. You will have access as soon as your payment is received.
- Custom Membership Order Form
If you place an Order using the Membership Order Form, within 24 hours we will e-mail you a link to make the purchase. You will be able to access your maps only after you complete the purchase using that link. Your Membership term begins when we receive your payment.
- Links to Third-Party Web Websites
- Downloading Files
Fathom Science cannot and does not guarantee or warrant that files available for downloading through the website will be free of infection by software viruses or other harmful computer code, files or programs.
- Disclaimers; Limitations of Liability
FATHOM SCIENCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, SECURITY OR ACCURACY OF THE WEBSITE OR THE CONTENT FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, PRODUCTS, SERVICE AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FATHOM SCIENCE AND ITS SERVICE PROVIDERS, LICENSORS AND SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WITH REGARD TO THE WEBSITE AND THE CONTENT, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. NO STATEMENT OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FATHOM SCIENCE IN ANY MEANS OR FASHION SHALL CREATE ANY WARRANTY NOT EXPRESSLY AND EXPLICITLY SET FORTH IN THIS AGREEMENT. THE CONTENT MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FATHOM SCIENCE AND ITS SERVICE PROVIDERS, LICENSORS OR SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER TYPE OF DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR COVER OR LOSS OF USE, DATA, REVENUE OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE, OR FOR ANY CONTENT, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, THE FAILURE OF ANY LIMITED REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, OR OTHERWISE, EVEN IF FATHOM SCIENCE OR ANY OF FATHOM SCIENCE’S SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF, NOTWITHSTANDING THE OTHER TERMS OF THIS AGREEMENT, FATHOM SCIENCE IS DETERMINED TO HAVE ANY LIABILITY TO YOU OR ANY THIRD PARTY FOR ANY LOSS, HARM OR DAMAGE, YOU AGREE THAT THE AGGREGATE LIABILITY OF FATHOM SCIENCE AND ITS OFFICERS, MANAGERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, SERVICE PROVIDERS, LICENSORS OR SUPPLIERS SHALL IN ALL CASES BE LIMITED TO ONE HUNDRED DOLLARS.
- General Provisions
- FishCast maps from Fathom Science are not to be used for navigation.
- Maps on the web site will usually be updated on or about 10:00 a.m. Eastern Standard Time or Eastern Daylight Time. We do not guarantee that updates will be completed by that time. If case of a discrepancy in the time of the map shown on the web site and the time shown on the map itself, the time on the map should be considered correct.
- Correction of Errors and Inaccuracies. The Content may contain typographical errors or other errors or inaccuracies and may not be complete or current. Fathom Science therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time without prior notice. Fathom Science does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.
Last Revised: June 22, 2020
Copyright 2020 Fathom Science. All rights reserved.