FishCast by Fathom Science

Terms and Conditions

FATHOM SCIENCE WEBSITE TERMS OF USE

Last Modified: July 7, 2019

By accessing and using www.fathomscience.com (“website”) and its subsidiary pages (including fishcast.fathomscience.com), you agree to these Terms of Use.

Fathom Science LLC (hereafter Fathom Science) reserves the right to modify these Terms of Use at any time without giving you prior notice. Your use of the website following any such modification constitutes your agreement to follow and be bound by these Terms of Use as modified. The last date these Terms of Use were revised is set forth above and below.

1. Permitted Use of The Website

You may use the website, and the information, writings, images and/or other works that you see, hear or otherwise experience on the website (singly or collectively, the “Content”) solely for your non-commercial, personal purposes and/or to learn about Fathom Science products and services (“Product/Service”), and solely in compliance with these Terms of Use.

 2. Prohibited Use of The Website

By accessing the website, you agree that you will not:

  • Use the website in violation of these Terms of Use;
  • 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.

3. 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 and its subsidiary pages (including fishcast.fathomscience.com)are protected trade dress. Customer does not receive any right or license to use the foregoing.

4. Definitions

“Subscription Fee” means the amount you pay for the Subscription Service.

“Subscription Service” means all of Fathom Science  web-based maps that you have subscribed to by an Order Form or that Fathom Science  otherwise make available to you, and are developed, operated, and maintained by Fathom Science, accessible via https://fishcast.fathomscience.com or another designated URL, and any ancillary products and services that we provide to you.

“Subscription Term” means the initial term of your subscription to the applicable Subscription Service, as specified on your Order Form(s), and each subsequent renewal term (if any).

“Product” means maps or other products that are offered.

5. General Commercial Terms

    1. Access.  During the Subscription Term, Fathom Science  will provide you access to use the Subscription Service as described in this Agreement and the applicable Order.
    2. Additional Products. You may subscribe to additional products of the Subscription 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.
    3. Fees and Payments
      1. Subscription Fees. The Subscription Fee will remain fixed during the Subscription Term unless you subscribe to additional features or products.
      2. Subscription Term, Termination, Suspension, Notice of Non-Renewal
        1. Term and Renewal. Your initial subscription period will be specified in your Order, and your subscription will automatically renew for the same subscription period. Only terms of one week, one month, and one year will automatically renew. To prevent renewal of the subscription, the required notice must be provided within the timeframe as specified in the ‘Notice of Non-Renewal’ section below. Or, the subscriber can cancel their subscription directly from their My Account page by clicking on the “Cancel your subscription” link.
        2. The renewal pricing set forth in your Order will apply, subject to adjustment as specified in the ‘Fees and Payments’ section above.
        3. No refunds on early termination. . The Subscription Term will end on the expiration date and the subscription cannot be cancelled early. We do not provide refunds if you decide to stop using the subscription during your Subscription Term.
        4. Termination for Cause. Either party may terminate this Agreement for cause, as to any or all Subscription 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 on thirty (30) days’ notice 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 Subscription Term.
        5. Suspension for Prohibited Acts. We may suspend any User’s access to any or all Subscription Services without notice for: (i) use of the Subscription 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.
        6. Notice of Non-Renewal. Your subscription 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 Fathom Science  by going to your My Account page and clicking on the “Cancel your subscription” link.
      3. Subscription Service Options
        1. For each day you have access, you get hourly forecast maps from 9 am to 3 pm Eastern Standard Time or Eastern Daylight Time for today, tomorrow, and the next day.
        2. You may subscribe to one (a single) region or subscribe to multiple regions.
        3. For single region subscriptions, you may choose your subscription term: one day, one week (seven days), one month (31 days), or one year (365 days). The subscription term begins on the day Fathom Science  receive your payment.
        4. For multiple region subscriptions, you may choose any number of regions from two to all available regions. Multiple region subscriptions are available only for a subscription term of one year. 
        5. Single Region 

Access: Unlimited access to all the maps in the single region as soon as your payment is received.

Subscription Term:

          • 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.

6. Multiple Region 

Access: Unlimited access to all the maps in the regions you subscribe to. You will have access as soon as your payment is received.

7. Custom Subscription Order Form 

If you place an Order using the Subscription Order Form, within 24 hours Fathom Science  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 subscription term begins when your payment is received by Fathom Science. 

6. Links to Third-Party Web Websites

Links on the website to third party websites or information are provided solely as a convenience to you. If you use these links, you will leave the website. Such links do not constitute or imply an endorsement, sponsorship, or recommendation by Fathom Science of the third party, the third-party website, or the information there. Fathom Science is not responsible or liable for any such websites or the content thereon. If you use the links to the web websites of Fathom Science affiliates or service providers, you will leave the website and will be subject to the terms of use and privacy policy applicable to those websites.

7. 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.

8. 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. 

9. Indemnification

You understand and agree that you are personally responsible for your behavior on the website. You agree to indemnify, defend and hold harmless Fathom Science, business partners, licensors, employees, agents, and any third-party information providers from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and attorneys’ fees, resulting from or arising out of your use, misuse, or inability to use the website or the Content, or any violation by you of these Terms of Use.

10. Privacy

Your use of the website is subject to Fathom Science’s Privacy Policy, available at https://fishcast.fathomscience.com/privacy-policy/

11. General Provisions

    1. FishCast maps from Fathom Science are not to be used for navigation. 
    2. 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. 
    3. 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.
    4. Enforcement/ Choice of Law/ Choice of Forum. If any part of these Terms of Use is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of these Terms of Use, all of which will remain in full force and effect. Any and all disputes relating to these Terms of Use, Fathom Science’s Privacy Policy, your use of the website, any other Fathom Science website or the Content are governed by, and will be interpreted in accordance with, the laws of the state of North Carolina, without regard to any conflict of laws provisions. You agree to the sole and exclusive jurisdiction and venue of the federal or state courts in Raleigh, North Carolina in the event of any dispute of any kind arising from or relating to these Terms of Use, Fathom Science’s Privacy Policy, your use of the website, any other Fathom Science website or the Content.

Last Revised: July 7, 2019

Copyright 2019 Fathom Science. All rights reserved