Legal Agreements

MASTER LEGAL AGREEMENT

1. ENTIRE AGREEMENT CLAUSE

COMPLETE SUPERSEDING AGREEMENT: This Master Legal Agreement, together with the Terms of Use, Privacy Policy, and all referenced documents, constitutes the ENTIRE AGREEMENT between you and Alaska Fish Counts App™ regarding the use of the Service. This agreement COMPLETELY SUPERSEDES and replaces ALL prior and contemporaneous agreements, understandings, negotiations, discussions, representations, warranties, promises, or communications of any kind, whether written or oral, relating to the subject matter hereof.

NO OTHER AGREEMENTS: You expressly acknowledge and agree that NO OTHER AGREEMENTS, contracts, understandings, or communications exist between you and Alaska Fish Counts App™ beyond those explicitly referenced in this Master Legal Agreement. Any claims of additional agreements, verbal understandings, or side arrangements are hereby DISCLAIMED and shall have NO LEGAL EFFECT.

MODIFICATION REQUIREMENTS: This agreement may only be modified by a written instrument signed by both parties or by Alaska Fish Counts App™ posting updated terms on the Service. No oral modifications, course of dealing, or usage of trade shall modify these terms.

2. COMPLETE LIABILITY RELEASE

COMPREHENSIVE PROTECTION COVERAGE: This release covers Alaska Fish Counts App™, its officers, directors, employees, agents, partners, contractors, suppliers, affiliates, associates, business partners, family members, friends, acquaintances, and ANY PERSON OR ENTITY connected to, associated with, or having any relationship whatsoever with Alaska Fish Counts App™.

ALL CLAIM TYPES COVERED: This release includes but is not limited to claims for personal injury, property damage, economic loss, emotional distress, defamation, privacy violations, data breaches, service interruptions, data inaccuracy, business losses, professional malpractice, negligence, gross negligence, intentional misconduct, or any other legal theory whatsoever.

3. ABSOLUTE NO LAWSUITS POLICY

COMPREHENSIVE PROHIBITION: This prohibition includes but is not limited to individual lawsuits, class action lawsuits, mass tort actions, administrative complaints, regulatory proceedings, criminal complaints, civil rights complaints, consumer protection actions, or any other form of legal action whatsoever.

ENFORCEMENT MECHANISMS: Violation of this no-lawsuits policy shall result in immediate termination of your access to the Service and may result in legal action against you for breach of contract, including recovery of all legal fees and costs incurred in defending against your prohibited legal action.

4. MANDATORY BINDING ARBITRATION

EXCLUSIVE DISPUTE RESOLUTION: Any dispute, controversy, or claim arising out of or relating to this agreement or the Service shall be resolved EXCLUSIVELY through binding arbitration in accordance with the rules of the American Arbitration Association. This arbitration requirement applies to ALL disputes, regardless of their nature or legal theory.

ARBITRATION LOCATION: All arbitration proceedings shall be conducted in Anchorage, Alaska, and shall be governed by Alaska law. The arbitrator's decision shall be final and binding, and judgment upon the award may be entered in any court having jurisdiction.

NO CLASS ACTIONS: You agree that any arbitration shall be conducted on an individual basis only. You waive any right to participate in class action lawsuits, class-wide arbitration, or any other form of collective legal action.

5. AGE AND LEGAL CAPACITY REQUIREMENTS

MINIMUM AGE REQUIREMENT: You must be at least 21 years old to use this Service. If you are under 21, you may not access or use the Service under any circumstances.

LEGAL CAPACITY: You represent and warrant that you have the legal capacity to enter into this binding agreement. You are not under any legal disability, guardianship, or other legal restriction that would prevent you from entering into this agreement.

PARENTAL/GUARDIAN CONSENT: If you are under 21, any use of this Service by you is unauthorized and constitutes a violation of these terms. Parents and guardians are responsible for ensuring their children do not access this Service.

6. GEOGRAPHIC RESTRICTIONS

INTENDED USE AREA: This Service is intended for use by residents of the United States, with particular focus on Alaska. We reserve the right to restrict access to users from certain geographic locations at our sole discretion.

EXPORT CONTROL COMPLIANCE: You agree to comply with all applicable export control laws and regulations. You may not export, re-export, or transfer any data or information from this Service to any country or person prohibited by applicable laws.

INTERNATIONAL COMPLIANCE: If you access this Service from outside the United States, you are responsible for compliance with local laws and regulations in your jurisdiction.

7. COMMERCIAL USE RESTRICTIONS

PROHIBITED COMMERCIAL ACTIVITIES: You may not use this Service for any commercial purpose without express written permission from Alaska Fish Counts App™. This includes but is not limited to data scraping, automated data collection, commercial analysis, resale of data, or any other commercial exploitation.

LICENSING REQUIREMENTS: Any commercial use of data, algorithms, visualizations, or other Service components requires a separate commercial license agreement. Unauthorized commercial use constitutes a material breach of this agreement.

REVENUE SHARING: If you develop commercial applications using data or methods from this Service, you agree to negotiate fair revenue sharing arrangements with Alaska Fish Counts App™.

8. DATA PRIVACY AND PROTECTION

DATA COLLECTION DISCLOSURE: We may collect and process certain data about your use of the Service, including but not limited to IP addresses, browser information, usage patterns, and device information. This data collection is necessary for Service operation and improvement.

COOKIE AND TRACKING POLICY: This Service uses cookies and similar tracking technologies to enhance functionality and analyze usage. By using the Service, you consent to the use of cookies and tracking technologies as described in our Privacy Policy.

DATA RETENTION: We retain data for as long as necessary to provide the Service and comply with legal obligations. You may request data deletion, but we reserve the right to retain certain data for legal, security, or operational purposes.

GDPR COMPLIANCE: If you are located in the European Union, you have certain rights under the General Data Protection Regulation (GDPR), including the right to access, rectify, erase, restrict processing, and data portability. Contact us to exercise these rights.

9. THIRD-PARTY SERVICE DISCLAIMERS

CDN AND EXTERNAL SERVICES: This Service relies on third-party content delivery networks (CDNs) and external services, including but not limited to Tailwind CSS, Alpine.js, Chart.js, Leaflet, and other CDN-hosted libraries. We are not responsible for failures, outages, or issues with these third-party services.

ADF&G DATA SOURCES: Fish count data is provided by the Alaska Department of Fish & Game (ADF&G). We are not responsible for ADF&G data outages, inaccuracies, delays, or changes to their data systems.

EXTERNAL LINKS: This Service may contain links to external websites. We are not responsible for the content, privacy practices, or security of external websites. Use external links at your own risk.

10. DMCA COPYRIGHT PROTECTION

SAFE HARBOR PROVISIONS: Alaska Fish Counts App™ complies with the Digital Millennium Copyright Act (DMCA) and provides safe harbor protections for user-generated content and third-party data.

COPYRIGHT INFRINGEMENT CLAIMS: If you believe your copyright has been infringed, please send a DMCA takedown notice to our designated agent at [email protected] with the following information:

• Identification of the copyrighted work claimed to be infringed
• Identification of the material that is claimed to be infringing
• Your contact information
• A statement of good faith belief that the use is not authorized
• A statement that the information is accurate and you are authorized to act
• Your physical or electronic signature

COUNTER-NOTIFICATION: If you believe your content was wrongly removed, you may file a counter-notification following DMCA procedures.

11. PROFESSIONAL ADVICE DISCLAIMER

NOT PROFESSIONAL ADVICE: The information provided through this Service is for informational purposes only and does not constitute professional advice of any kind, including but not limited to legal, financial, business, or professional advice.

CONSULT PROFESSIONALS: For any business decisions, legal matters, financial planning, or other professional needs, you should consult with qualified professionals. Alaska Fish Counts App™ is not a professional service provider and does not provide professional advice.

NO PROFESSIONAL RELATIONSHIP: Use of this Service does not create any professional relationship between you and Alaska Fish Counts App™. We are not your attorney, accountant, financial advisor, or any other type of professional service provider.

12. ANTI-SPAM PROVISIONS

CAN-SPAM COMPLIANCE: Alaska Fish Counts App™ complies with the CAN-SPAM Act and other applicable anti-spam laws. We do not send unsolicited commercial emails.

OPT-IN REQUIREMENTS: Any communications from us require your express opt-in consent. You may unsubscribe from communications at any time.

USER RESPONSIBILITY: You agree not to use this Service to send spam, unsolicited communications, or engage in any form of electronic harassment.

13. ELECTRONIC COMMUNICATIONS CONSENT

ELECTRONIC AGREEMENT VALIDITY: You consent to the use of electronic communications and electronic signatures for all purposes related to this agreement. Electronic agreements and signatures have the same legal effect as written agreements and signatures.

EMAIL NOTIFICATIONS: You consent to receive email notifications regarding changes to this agreement, Service updates, and other important communications.

ELECTRONIC RECORDS: You agree that electronic records of your use of the Service and acceptance of these terms constitute valid evidence of your agreement to these terms.

14. SEVERABILITY AND SURVIVAL

SEVERABILITY: If any provision of this agreement is held to be invalid or unenforceable by a court, the remaining provisions shall remain in full force and effect. Invalid provisions shall be modified to the minimum extent necessary to make them valid and enforceable.

SURVIVAL: The provisions of this agreement that by their nature should survive termination shall survive termination, including but not limited to liability limitations, indemnification obligations, dispute resolution provisions, and intellectual property protections.

ENFORCEABILITY: This agreement shall be enforced to the fullest extent permitted by law. Any limitations on enforceability shall not affect the validity of the remaining provisions.

15. LIQUIDATED DAMAGES AND PENALTIES

TERMS VIOLATION PENALTY: Any violation of these Terms shall result in automatic liquidated damages of $25,000 per violation, payable immediately upon demand.

COMMERCIAL USE PENALTY: Unauthorized commercial use of the Service shall result in liquidated damages of $100,000 per incident, plus disgorgement of all profits derived from such use.

DATA SCRAPING PENALTY: Automated data extraction or scraping shall result in liquidated damages of $50,000 per day of violation, plus costs of investigation and enforcement.

AD-BLOCKING PENALTY: Use of ad-blocking software or circumvention of advertising shall result in liquidated damages of $10,000 per violation.

LAWSUIT PENALTY: Filing any lawsuit in violation of the no-lawsuits policy shall result in liquidated damages of $500,000 plus all legal fees and costs.

16. ATTORNEY FEES AND COSTS RECOVERY

COMPREHENSIVE COST RECOVERY: This includes but is not limited to attorney fees, court costs, expert witness fees, investigation costs, discovery costs, and all other expenses related to legal proceedings.

FRIVOLOUS LAWSUIT PENALTIES: If you file a frivolous lawsuit or legal action, you agree to pay triple damages plus all legal fees and costs incurred by Alaska Fish Counts App™.

ENFORCEMENT COSTS: You agree to pay all costs associated with enforcing these Terms, including but not limited to investigation, monitoring, and legal action costs.

17. NO-SUPPORT SOFTWARE DISCLAIMER

FULLY AUTOMATED SERVICE: This Service operates entirely through automated systems without human oversight, monitoring, or intervention. No human employees are available to assist users.

NO TECHNICAL SUPPORT: We provide no technical support, troubleshooting assistance, user training, or guidance of any kind. Users are entirely responsible for their own use of the Service.

NO CUSTOMER SERVICE: No customer service representatives, support staff, or human assistance is available. All communications are automated only.

SERVICE AVAILABILITY: The Service may be unavailable due to maintenance, updates, technical issues, or other circumstances. No notice or explanation will be provided.

18. AD REVENUE PROTECTION

AD-BLOCKING PROHIBITION: You may not use ad-blocking software, browser extensions, or any other means to block, hide, or circumvent advertising on this Service.

ADVERTISING CONSENT: By using this Service, you consent to view advertising content and acknowledge that advertising revenue is essential for Service operation.

REVENUE SHARING REQUIREMENT: If you develop any commercial application using data or methods from this Service, you agree to pay Alaska Fish Counts App™ 50% of all revenue generated from such applications.

ADVERTISING INTERFERENCE: Any interference with advertising, including but not limited to ad-blocking, click fraud, or manipulation of ad metrics, shall result in immediate termination and legal action.

19. ALASKA JURISDICTION AND FORUM SELECTION

EXCLUSIVE JURISDICTION: Any legal action, lawsuit, or proceeding arising out of or relating to this agreement must be brought exclusively in the state or federal courts located in Anchorage, Alaska.

ALASKA LAW APPLICABLE: This agreement shall be governed by and construed in accordance with the laws of the State of Alaska, without regard to conflict of law principles.

FORUM SELECTION: You consent to the personal jurisdiction of the courts located in Anchorage, Alaska, and waive any objection to venue in such courts.

NO OUT-OF-STATE ACTIONS: You agree not to file any legal action in any jurisdiction other than Alaska. Any such action shall be dismissed and you shall pay all costs and fees associated with dismissal.

20. ECONOMIC DAMAGES CAP

MAXIMUM LIABILITY LIMIT: Notwithstanding any other provision of this agreement, Alaska Fish Counts App™'s total liability for any and all claims, damages, losses, or causes of action shall not exceed $1,000 in the aggregate.

NO PUNITIVE DAMAGES: In no event shall Alaska Fish Counts App™ be liable for punitive, exemplary, or special damages, regardless of the legal theory asserted.

CONSEQUENTIAL DAMAGES EXCLUDED: Alaska Fish Counts App™ shall not be liable for any indirect, incidental, special, or consequential damages, including but not limited to lost profits, lost data, or business interruption.

CAP APPLIES TO ALL CLAIMS: This damages cap applies regardless of the number of claims, the legal theory asserted, or whether the claims are related or unrelated.

21. FINAL BINDING ACKNOWLEDGMENT