Terms of Use

Legal terms and conditions for using the Alaska Fish Counts App™

Last Updated: September 27, 2025

MASTER LEGAL AGREEMENT

CRITICAL: These Terms of Use are supplemented by our comprehensive Master Legal Agreement, which contains additional binding legal protections, penalties, and obligations.

⚠️ By using this Service, you agree to BOTH these Terms of Use AND the Master Legal Agreement

1. Introduction

Welcome to the Alaska Fish Counts App™ ("we," "our," or "us"). These Terms of Use ("Terms") govern your use of our website, mobile application, and services (collectively, the "Service") operated by Alaska Fish Counts App™.

By accessing or using our Service, you agree to be bound by these Terms. If you disagree with any part of these terms, then you may not access the Service.

2. Acceptance of Terms

By using the Alaska Fish Counts App™, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use and our Privacy Policy. These Terms constitute a legally binding agreement between you and Alaska Fish Counts App™.

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. By using the Service, you represent and warrant that you are at least 21 years old.

Geographic Restrictions: 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.

3. Data Source and Accuracy

DATA DISCLAIMER: Fish count data displayed on this site is sourced from Alaska Department of Fish and Game (ADF&G) monitoring programs and is provided for INFORMATIONAL PURPOSES ONLY. Current-season data is PRELIMINARY and SUBJECT TO REVISION without notice. This site makes no representations or warranties — express or implied — regarding the accuracy, completeness, timeliness, or fitness for any particular purpose of any data displayed. Fish count data does not constitute fishing advice, regulatory guidance, or a guarantee of fishing conditions. Always verify current regulations through official ADF&G emergency orders before fishing. AlaskaFishCounts.com is not affiliated with or endorsed by the Alaska Department of Fish and Game.

This website displays fisheries data provided by the Alaska Department of Fish & Game (ADF&G) and other public sources. While we strive to present the data in a timely and accurate manner, we are not the original source. We do not guarantee the accuracy, completeness, timeliness, or reliability of any data presented. Fish counts are preliminary and may be updated or revised; ADF&G itself states that counts are preliminary. Data may change without notice.

This information is provided "as is" and "as available" and should be used for educational and informational purposes only. This site does not provide fishing advice; you must rely on official ADF&G sources and Emergency Orders for any fishing, management, or safety decisions. For any official or critical decision-making, consult the official ADF&G website, Emergency Orders, and other primary regulatory publications directly.

Data displayed in the Service is aggregated and visualized from public sources and may be delayed, provisional, estimated, incomplete, or otherwise out of date. It may not reflect real-time conditions or the most recent Emergency Orders, regulation changes, or other regulatory actions issued by ADF&G or other agencies. You are solely responsible for verifying current regulations, Emergency Orders, and conditions with official ADF&G publications and websites before taking any action.

Data Processing Disclaimers:

  • We are not responsible for errors in data processing, visualization, or interpretation
  • Display bugs, calculation errors, or formatting issues do not constitute data accuracy guarantees
  • Our data processing algorithms and methods are proprietary and may contain errors
  • Users assume full responsibility for any decisions based on processed or interpreted data

Important Disclaimers:

  • This application is not affiliated with, endorsed by, or operated by ADF&G
  • AlaskaFishCounts.com is an independent project and is not affiliated with, authorized, maintained, sponsored, or endorsed by the Alaska Department of Fish & Game or any other state or federal agency
  • ADF&G assumes no responsibility for errors or omissions in the information displayed
  • Data accuracy and timeliness are not guaranteed
  • Counts are preliminary and may change; do not rely on this site for fishing, navigation, or regulatory compliance
  • Users should verify critical information with official ADF&G sources
  • The data presented remains the property of its original source, the ADF&G

Liability Limitation

To the maximum extent permitted by law, Alaska Fish Counts shall not be liable for any direct, indirect, incidental, or consequential damages resulting from the use of this site or reliance on its data. This includes, but is not limited to:

  • Fishing trip planning or travel decisions
  • Commercial operations or business decisions
  • Economic losses, lost profits, or lost opportunities
  • Charter, guide, or booking decisions based on site data

The site is provided "as-is"; we are not liable for decisions made based on this data. Data is for informational and educational purposes only. You assume all risk for any reliance on this site or its data.

4. Permitted Use

You may use our Service for lawful purposes only. You agree not to use the Service:

  • In any way that violates applicable laws or regulations
  • To transmit or procure the sending of any unsolicited advertising or promotional material
  • To impersonate or attempt to impersonate Alaska Fish Counts App™ or any other entity
  • To engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Service
  • To attempt to gain unauthorized access to any portion of the Service or any other systems or networks
  • To use automated systems or software to extract data from the Service for commercial purposes
  • To reverse engineer, decompile, or disassemble any part of the Service

Termination Rights: We reserve the right to terminate or suspend your access to the Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms. Upon termination, your right to use the Service will cease immediately.

5. Intellectual Property

The Service and its original content, features, and functionality are and will remain the exclusive property of Alaska Fish Counts App™ and its licensors. The Service is protected by copyright, trademark, and other laws.

Proprietary Rights: Alaska Fish Counts App™ owns all rights, title, and interest in and to the Service, including but not limited to all intellectual property rights, proprietary algorithms, data processing methods, visualization techniques, user interface designs, and any modifications or improvements thereto.

Fish count data is provided by ADF&G and is subject to their terms of use and copyright restrictions.

Restricted Use: You may not copy, modify, distribute, sell, or lease any part of our Service or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

6. Privacy Policy

Your privacy is important to us. Please review our Privacy Policy, which also governs your use of the Service, to understand our practices.

7. No Endorsement

AlaskaFishCounts.com is an independent project and is not affiliated with, authorized, maintained, sponsored, or endorsed by the Alaska Department of Fish & Game or any other state or federal agency. We are not a government entity and do not represent official state positions or policies.

8. Limitation of Liability

You agree to use the information on this site at your own risk. The owners and operators of AlaskaFishCounts.com shall not be held liable for any decisions made or actions taken in reliance on the information provided on this site, nor for any damages resulting from its use.

In no event shall Alaska Fish Counts App™, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from your use of the Service.

The limitation of liability and “as is” provisions in these Terms are intended to align with standard public-records and data-distribution disclaimers used by public bodies in Alaska for provisional or revisable data.

COMPLETE LIABILITY RELEASE: By using this Service, you hereby RELEASE, DISCHARGE, and HOLD HARMLESS 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 or associated with Alaska Fish Counts App™ from ANY AND ALL claims, demands, damages, losses, liabilities, costs, expenses, lawsuits, legal actions, proceedings, judgments, or causes of action of any kind whatsoever, whether known or unknown, suspected or unsuspected, arising out of or relating to your use of the Service.

NO LAWSUITS POLICY: You expressly agree that you will NOT file, initiate, maintain, or participate in any lawsuit, legal action, arbitration, mediation, or any other legal proceeding against Alaska Fish Counts App™, its officers, directors, employees, agents, partners, contractors, suppliers, affiliates, associates, business partners, family members, friends, acquaintances, or any person or entity connected to or associated with Alaska Fish Counts App™. This includes but is not limited to claims for personal injury, property damage, economic loss, emotional distress, defamation, privacy violations, or any other legal theory.

Indemnification: You agree to defend, indemnify, and hold harmless Alaska Fish Counts App™ and its officers, directors, employees, and agents from and against any claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) resulting from or arising out of your use of the Service or violation of these Terms.

Service Availability: We do not guarantee that the Service will be available at all times. The Service may be temporarily unavailable due to maintenance, updates, technical difficulties, or circumstances beyond our control, including but not limited to ADF&G data outages, natural disasters, or internet connectivity issues.

9. Disclaimer

The information on this Service is provided on an "as is" basis. To the fullest extent permitted by law, Alaska Fish Counts App™ excludes all representations, warranties, conditions and terms relating to our Service and the use of this Service.

Force Majeure: Alaska Fish Counts App™ shall not be liable for any failure or delay in performance under these Terms which is due to fire, flood, earthquake, elements of nature or acts of God, acts of war, terrorism, labor strikes, ADF&G data outages, internet connectivity issues, or any other cause which is beyond the reasonable control of Alaska Fish Counts App™.

10. Governing Law

These Terms shall be interpreted and governed by the laws of the State of Alaska, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.

Dispute Resolution and Jurisdiction: Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. The arbitration shall be conducted in Anchorage, Alaska, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. To the extent that any dispute is permitted to be brought in a court, you agree that such dispute shall be brought exclusively in the state courts located in Anchorage, Alaska, and you hereby consent to the personal jurisdiction and venue of such courts and waive any objection to such forum as inconvenient or improper.

11. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will try to provide at least 30 days notice prior to any new terms taking effect.

12. Additional Legal Protections

Severability: If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in full force and effect.

Entire Agreement: These Terms constitute the entire agreement between you and Alaska Fish Counts App™ regarding the use of the Service and supersede all prior and contemporaneous agreements, representations, and understandings.

Waiver of Class Action Rights: You agree that any legal action or proceeding arising out of or relating to these Terms or the Service shall be brought individually and not as part of a class action or consolidated action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Alaska Fish Counts App™.

Limitation Period: Any claim or cause of action arising out of or related to your use of the Service must be filed within one (1) year after such claim or cause of action arose, or it shall be forever barred.

No Third-Party Beneficiaries: These Terms are for the sole benefit of Alaska Fish Counts App™ and you. Nothing in these Terms shall be construed to create any rights or benefits for any third party.

Assignment: Alaska Fish Counts App™ may assign these Terms at any time without notice. You may not assign these Terms without our prior written consent.

Survival: The provisions of these Terms that by their nature should survive termination shall survive termination, including but not limited to liability limitations, indemnification obligations, and dispute resolution provisions.

13. 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.

14. Data Privacy & GDPR Compliance

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 Policies: 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.

User Data Deletion Rights: You have the right to request deletion of your personal data. Contact us at [email protected] to exercise this right. We will respond within 30 days of receiving your request.

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.

15. Commercial Use Restrictions

Prohibition of Commercial Data Scraping: You may not use automated systems or software to extract data from the Service for commercial purposes without express written permission from Alaska Fish Counts App™.

Licensing Requirements for Commercial Use: 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 these Terms.

Revenue Sharing for Commercial Applications: 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™.

Commercial Use Definition: Commercial use includes but is not limited to selling data, providing data analysis services, creating competing products, or using Service data for business decision-making without proper licensing.

16. Third-Party Service Disclaimers

CDN Protection: This Service relies on third-party content delivery networks (CDNs) including 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.

Third-Party Data Source Limitations: 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 Link Liability Disclaimers: 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.

Third-Party Service Interruptions: We do not guarantee the availability or performance of third-party services. Service interruptions due to third-party failures are not our responsibility.

17. Electronic Communications Consent

Electronic Agreement Validity: You consent to the use of electronic communications and electronic signatures for all purposes related to these Terms. Electronic agreements and signatures have the same legal effect as written agreements and signatures.

Email Notification Consent: You consent to receive email notifications regarding changes to these Terms, 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.

18. Export Control Compliance

Prohibition on Exporting Data: 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.

Compliance with US Export Laws: This Service is subject to US export control laws. You may not use the Service in violation of US export control laws or regulations.

Restricted Countries: We reserve the right to restrict access to users from countries subject to US trade sanctions or export restrictions.

19. 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.

Clear Opt-In Requirements: Any communications from us require your express opt-in consent. You may unsubscribe from communications at any time.

Protection Against Spam-Related Legal Issues: You agree not to use this Service to send spam, unsolicited communications, or engage in any form of electronic harassment.

20. 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.

Users Should 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.

Clear Separation from Professional Services: 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.

21. Contact Information

If you have any questions about these Terms of Use, please contact us:

22. Official ADF&G Resources

For official fish count data and ADF&G terms of use, please visit:

Official ADF&G Fish Counts

adfg.alaska.gov/sf/FishCounts/

ADF&G Publications

ADF&G Publications