Terms and Conditions for Usage of commercialfishingpermits.us Website

1. Disclaimer

1. I understand that Commercial Fishing Permits Center is NOT affiliated with the National Marine Fisheries Service or the National Oceanic and Atmospheric Administration.
2. I understand that Commercial Fishing Permits Center does not represent any government agency and is not endorsed by any governmental agency.
3. I understand I am submitting my application through a private company.
4. I understand that Commercial Fishing Permits Center does not issue any licenses or permits. Licenses or Permits are issued directly by the appropriate governmental agency. Commercial Fishing Permits Center acts as agent and only assists the public with completing the application process.
5. I understand that all of my application and processing fees regarding the submission of my application are nonrefundable.
6. I understand that in the event I desire to cancel my application, my fees are nonrefundable.
7. I understand that my application will be processed in the order in which it was received and no exact time frame regarding my application can be given as every application is unique.
8. I understand that all applications on Commercial Fishing Permits Center are for the National Marine Fisheries Service or the National Oceanic and Atmospheric Administration and not state registration.
9. I understand that Commercial Fishing Permits Center does not issue the completed documentation, rather Commercial Fishing Permits Center solely assists in filing the application with the appropriate government entity on my behalf.
10. I understand that once my application is submitted to Commercial Fishing Permits Center it is internally processed by Commercial Fishing Permits Center for any errors or omissions and prepared to be filed to the United States Coast Guard National Vessel Documentation Center, thus rendering the service I requested.
11. I understand that additional information or documents may be required to complete the filing services I have requested and that by failing to provide the necessary information or documents I am halting the completion of my own application despite Commercial Fishing Permits Center rendering the service I have requested.
12. The materials on Commercial Fishing Permits Center’s website and mailed publications are provided “as is.” Commercial Fishing Permits Center makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchant ability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Commercial Fishing Permits Center does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or mailed publications or otherwise relating to such materials or on any sites linked to this site.
13. This service has not been approved or endorsed by any agency of the government.
14. This is not a government sponsored website, but is a private fee-for-service company assisting commercial vessel owners with commercial fishing permits and other applicable federal requirements.
15. Please be advised that certain applications submitted over the weekend will be processed the following business day.
16. Commercial Fishing Licenses are mailed out by the National Marine Fisheries Service or the National Oceanic and Atmospheric Administration, and as such, Commercial Fishing Permits Center is not responsible for lost, damaged or destroyed mail.
17. When submitting an application over the phone, you understand that you are still subject to all Terms and Conditions including the No-Refund Policy found in this website, as stated in the initial recording before getting transferred to a case processor.
18. Fees submitted for online applications include application fees to the National Marine Fisheries Service, the National Oceanic and Atmospheric Administration, and/or the National Vessel Documentation Center as well as company fees for services provided.
19. Commercial Fishing Permits Center utilizes the information provided by you, the client, in the processing of the application/s submitted. If the information you’ve provided proves to be imprecise, incorrect, or changes materially, this will compromise the processing of the application submitted. Be advised additional fees or the submission of a new application may be required to correct the imprecise information.
20. Please be advised that Commercial Fishing Permits Center is not responsible for any backlog of applications at the National Marine Fisheries Service or the National Oceanic and Atmospheric Administration.

2. Cancellation/ Refund Policy; Fees are Non-Refundable & Failure to Respond to a Deficiency Will Result in Cancellation of the Application

1. To cancel an application that you have placed with Commercial Fishing Permits Center, you must contact customer support by email (info@commercialfishingpermits.us) or by phone (1-800- 292-4204). When contacting customer support to cancel an application, please be ready to provide your name, the vessel’s official number and your contact information.
2. By accepting these terms and conditions and making all payments required for your transaction, you acknowledge that there will be no refund of any fees charged by Commercial Fishing Permits Center and paid by you for any reason.
3. 90-Day Period to Respond to Deficiency in your application: I understand that if I do not respond to deficiency and or additional documentation requests necessary to complete the application processing requirements within 90 days of the date of the deficiency request or 90 days of the document request, my application will be canceled and all fees will remain non-refundable.
4. Please be advised that a cancellation fee may be applied to certain cancellation refunds that are approved under special circumstances with regards to applications which have yet to be processed by our company.
5. In the event that a boat sale does not go through please be advised that all applications and processing fees are not refundable as per our no refund policy.

3. Commercial Fishing Permits Center Legal Information is Not a Substitute for Legal Advice

Commercial Fishing Permits Center provides a platform for legal information and self-help. The information provided by Commercial Fishing Permits Center along with the content on our website related to legal matters (“Legal Information”) is provided for your private use and does not constitute legal advice. We do not review any information you provide us for legal accuracy or sufficiency, draw legal conclusions, provide opinions about your selection of forms, or apply the law to the facts of your situation.

If you need legal advice for a specific problem, you should consult with a licensed attorney. Neither Commercial Fishing Permits Center nor any Legal Information provided by Commercial Fishing Permits Center is a substitute for legal advice from a qualified attorney licensed to practice in an appropriate jurisdiction. As Commercial Fishing Permits Center is not a law firm, please note that communications between you and Commercial Fishing Permits Center may not be protected as privileged communications under the attorney-client privilege or work product doctrine.

Your use of the Services does not create an attorney-client relationship between you and Commercial Fishing Permits Center, or between you and any Commercial Fishing Permits Center employee or representative. Unless you are otherwise represented by an attorney, including a Participating Attorney, you represent yourself in any legal matter you undertake through our Services.

Commercial Fishing Permits Center is not a “Lawyer Referral Service”. Commercial Fishing Permits Center does not endorse or recommend any attorney nor does it make any warranty as to the qualifications or competency of any attorney.

WITHIN THE JURISDICTION OF THE STATE OF NEVADA, THE FOLLOWING APPLIES:

Commercial Fishing Permits Center is not a law firm. Some of the people who own / manage this company are not lawyers. This means that some services / protections, like attorney-client privilege, may be different from those you could get from a law firm.

If you have questions, please contact us at info@commercialfishingpermits.us.

4. Business Filings and Registered Agent Service

Commercial Fishing Permits Center occasionally partners with other companies to fulfill business formation, registered agent, attorney-in-fact, or other business filing orders. You understand and agree that Commercial Fishing Permits Center will share certain personally identifiable information for you with the applicable third-party provider. You also understand that by providing CFPC (us) with your National Permits System, Fisheries Permit System, Fish Online,  eFISH, or NOAA Fisheries computer system account number and password you are authorizing and consenting to CFPC’s (our) access to such accounts and enable CFPC (us) to act as your authorized agent and attorney in fact to submit any pertinent information needed to complete your selected application and no other purpose, and that you understand CFPC (we) are a private permit processor.

States require your incorporated entity to have a registered agent or an equivalent on file with their department of the Secretary of State. By purchasing Registered Agent service from Commercial Fishing Permits Center, you authorize Commercial Fishing Permits Center and/or its third-party provider to receive service of process, including any notices of legal proceedings, other legal notices, or official government communication, and any items covered by the respective statute, rule, or regulation on your behalf. You further authorize your Registered Agent to scan, upload and transmit any such communications received on your behalf to your email address and into your account. When appropriate, Commercial Fishing Permits Center and/or its partners may also forward physical mail received on your behalf to the business address we have on record. To update, please contact us at (866) 292-4204 or info@commercialfishingpermits.us. Commercial Fishing Permits Center’s filing services are intended for users incorporating their own business(es). Communications related to Commercial Fishing Permits Center filings will be directed towards the business address and business owner we have on file.

Commercial Fishing Permits Center’s filing services are intended for users incorporating their own business(es). Communications related to Commercial Fishing Permits Center filings will be directed towards the business address and business owner we have on file.

You may cancel the Registered Agent Service at any time by contacting Commercial Fishing Permits Center at (866) 292-4204 during our normal business hours. In addition to cancelling the Registered Agent service, to comply with your state’s regulations, you will also need to submit appropriate change of agent paperwork with the applicable state agencies. By canceling the Commercial Fishing Permits Center Registered Agent Service, you acknowledge and understand that the registered agent service provider will take necessary steps to resign as your registered agent. Upon resignation, Commercial Fishing Permits Center and any of its affiliates, directors, agents, employees, or other Commercial Fishing Permits Center service providers will cease to act as your Registered Agent and stop all Registered Agent related services. Any fees associated with completing such a change of agent are your sole responsibility. Specific information regarding the change of registered agent process and any related government fee information can be found on your state’s website. Commercial Fishing Permits Center does not offer full or prorated refunds for cancelled Registered Agents services. Such services are purchased and renewed on an annual basis and must be cancelled prior to the renewal date to avoid recurring annual charges.

In the event that your entity is dissolved, either voluntarily or involuntarily, it is your responsibility to notify Commercial Fishing Permits Center of this dissolution so that we may cancel the Registered Agent services that are no longer needed. Until we are notified otherwise, your Registered Agent subscription will continue to renew and bill as described in this section.

In the event that Commercial Fishing Permits Center does not receive full payment, Commercial Fishing Permits Center reserves the right to terminate your Registered Agent service. You agree to bear any risk and under no circumstances will Commercial Fishing Permits Center be liable or responsible for any damage or inconvenience caused or alleged to be caused by termination.

5. Ownership and Preservation of Your Documents

Commercial Fishing Permits Center does not claim ownership of any documents you either create or upload and store using our Services (“Documents”). You grant permission for Commercial Fishing Permits Center to use your Documents in connection with providing Services to you.

You acknowledge and agree that Commercial Fishing Permits Center may preserve these Documents as well as disclose them if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (1) to comply with legal process, applicable laws or government requests; (2) to enforce these Terms; (3) to respond to claims that any content violates the rights of third parties; or (4) to protect the rights, property, or personal safety of Commercial Fishing Permits Center, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. You agree that Commercial Fishing Permits Center has no responsibility or liability for deleting or failing to store any content maintained or uploaded by the Services.

6. Disputed Charges

1. A Charge Dispute, or “Charge Back”, is any formal attempt to withhold or remove consideration, after contracting with Commercial Fishing Permits Center. By initiating a charge-back with your financial institution you are declaring that you no longer wish to continue receiving services from our company, thus automatically cancelling your application. Cancelled applications are still subject to the No-Refund Policy and all application and processing fees remain non-refundable.
2. Please be advised that if an unwarranted and fraudulent charge-back is initiated against our company we will now communicate directly with your financial institution and will no longer communicate directly with you. To recover fees for services requested by you and rendered by our company, be advised that your file may be placed into collections and this may negatively affect your credit. Additionally, a lien may be filed against your vessel to recover fees for services rendered.

7. Limitations

1. By using this website, you, the customer, warrant to us that all information provided is true and accurate and that you are not using any transaction to commit any wrongful civil or criminal act.
2. Likewise, if a documentation transaction is rejected due to any error in the completeness or accuracy of the information you provide, then the consequences for such are solely of your own doing, and Commercial Fishing Permits Center bears no responsibility or liability caused thereby. This could include suspension of your rights to use your vessel and penalties, prosecution, and fines of up to $10,000 assessed by the USCG;
3. In no event shall Commercial Fishing Permits Center or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Commercial Fishing Permits Center’s Internet website, even if Commercial Fishing Permits Center or a Commercial Fishing Permits Center authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

8. Revisions and Errata

The materials appearing on Commercial Fishing Permits Center’s website could include technical, typographical, or photographic errors. Commercial Fishing Permits Center does not warrant that any of the materials on its website are accurate, complete, or current. Commercial Fishing Permits Center may make changes to the materials contained on its website at any time without notice. Commercial Fishing Permits Center does not, however, make any commitment to update the materials.

9. Links

Commercial Fishing Permits Center has not reviewed all of the websites linked to its Internet website and is not responsible for the contents of any such linked website. The inclusion of any link does not imply endorsement by Commercial Fishing Permits Center of the website. Use of any such linked website is at the user’s own risk.

10. Terms of the eSign Service

Commercial Fishing Permits Center offers an electronic signature service (“eSign Service”), which enables users to send and receive valid e-signatures in the United States under the 2000 U.S. Electronic Signature in Global and National Commerce Act (ESIGN) and the Uniform Electronic Transactions Act (UETA) as adopted by individual states.

By using Commercial Fishing Permits Center’s eSign Service, you consent to using electronic signatures pursuant to these Terms and the Commercial Fishing Permits Center Privacy Policy. Commercial Fishing Permits Center reserves the right to impose limits on users’ use of the eSign Service to prevent abusive or unreasonably burdensome use of the Service.

Authentication. You agree that no certification authority or other third party verification is necessary to validate your electronic signature and that the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature or any resulting contract signed using the eSign Service. Commercial Fishing Permits Center does not authenticate users’ signatures or identities when using the eSign Service.

Minimum Age. To use the eSign Service, you must be the legal age of majority or otherwise able to form a binding contract under applicable laws and regulations.

Compliance with Electronic Signature Laws. You acknowledge and agree that you have exclusive control and responsibility for the content of documents signed using the eSign Service. Some jurisdictions have rules prohibiting or limiting the use of electronic signatures in certain types of documents (e.g., estate planning laws, family planning laws, consumer protection laws, government contracting rules, etc.). Further, some jurisdictions outside the United States and European Union have not passed laws authorizing the use of electronic signatures. You agree that you (and not Commercial Fishing Permits Center) are solely responsible for determining whether your particular use of the eSign Service complies with the applicable laws of your jurisdiction. Commercial Fishing Permits Center has no duty to monitor the contents or ensure the legality of documents signed using the eSign Service.

Retention Requirements. By using the eSign Service, you agree that you are solely responsible for complying with all applicable document retention laws and regulations pertaining to your electronically signed documents. Commercial Fishing Permits Center has no obligation to determine how long any electronically signed documents are required to be retained under applicable laws and regulations.

Security. You are responsible for the security of documents that are emailed to you and other users of the eSign Service, downloaded from the eSign Service or transferred to another system by API or other integration with the eSign Service service.

11. Acceptable Use of Communications Services

Our Services include a large number of what are collectively called “Communications Services.” These include services such as live chats, comment threads, blog posts, question and answer products, customer service communication forums, calendars, and other message services. You agree to use the Communication Services only to post, send, and receive messages or materials proper to and related to the particular Communication Service. When using a Communication Service, you agree that you will not do any of the following:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others.
• Publish, post, upload, distribute or disseminate any names, materials, or information that is considered inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful.
• Create a false identity, represent yourself as someone else, or sign an agreement as someone else or on behalf of someone else or otherwise falsify or delete in an uploaded file any significant attributions or notices.
• Upload files that contain software or other material protected either by intellectual property laws or by the rights of privacy or publicity except when
  1. you own or control the necessary rights, or
  2. you have received all necessary consents to do so.
• Upload corrupted files, files that contain viruses, or any other files that may damage the operation of another’s computer.
• Advertise, offer to sell, or offer to buy anything for business purposes except to the limited extent any particular Communication Service specifically allows such activity.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Harvest or otherwise collect personally identifiable information about others, without their consent.
• Violate any code of conduct or other guidelines, which may be applicable for any particular Communication Service.
• Violate any applicable laws or regulations.

Although Commercial Fishing Permits Center has no obligation to monitor the Communication Services, we reserve the right, in our own discretion, to review and remove materials posted to a Communication Service, in whole or in part. Commercial Fishing Permits Center reserves the right to disclose any materials posted, information or activity as necessary to satisfy any applicable law, regulation, legal process, or governmental request.

12. No Unlawful or Prohibited Use

You can only use our Services if they do not conflict with or violate the laws of your jurisdiction(s). The availability of our Services in your jurisdiction(s) is not an invitation or offer by Commercial Fishing Permits Center to access or use our website or Services. By using our Services, you accept sole responsibility that you or any family member’s use of or access to our Services does not violate any applicable laws in your jurisdiction(s). To enforce this provision, Commercial Fishing Permits Center reserves the right to refuse membership, or suspend or terminate your account immediately and without prior notice at our sole discretion.

The following are specifically excluded or prohibited:

• Use in connection with any legal matter that is frivolous, immaterial or illegal in nature, as determined by Commercial Fishing Permits Center or the Participating Attorney in their sole discretion;
• Use in connection with any legal matter involving an alleged violent crime;
• Use in connection with any legal matter involving the laws of jurisdictions outside of the United States or its subdivisions;
• Use in connection with any legal matter for which you are currently or prospectively represented by legal counsel.
• Use in connection with any legal matter that, as determined by the Participating Attorney in his or her sole discretion, lacks sufficient merit to warrant pursuit, or that has been raised an excessive or unreasonable number of times without a change in circumstances;
• Use in connection with any legal matter that directly or indirectly involves any Participating Attorney other than as your counsel;
• Use in connection with any legal matter that directly or indirectly involves Commercial Fishing Permits Center or any of its affiliates, directors, agents, employees, or other Commercial Fishing Permits Center service providers; or
• Use in connection with any legal matter in which your Program Sponsor has an adverse interest, or in which any director, officer, agent or employee thereof has an adverse interest. For the purposes of this provision, “Program Sponsor” means any company, organization or affiliation that purchases or offers on behalf of its members or employees, a Commercial Fishing Permits Center legal plan through wholesale channels, retail channels or otherwise. Please see your Program Sponsor for additional restrictions.

You may not hack, “scrape” or “crawl” Commercialfishingpermits.us whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information Commercial Fishing Permits Center has not intentionally made available to you on its website via purchased subscription. Your use of the Commercial Fishing Permits Center website does not entitle you to resell any Commercial Fishing Permits Center content without prior express written consent from Commercial Fishing Permits Center.

13. License Grant

Subject to your compliance with these Terms, you are hereby granted a non-exclusive, limited, non-transferable, revocable license to use the Services as we intend for them to be used. As a registered Commercial Fishing Permits Center user, you are licensed to keep, for your own personal records, electronic or physical copies of documents you have created on Commercial Fishing Permits Center. You may not copy the content of Commercial Fishing Permits Center’s forms or agreements for use or sale outside of Commercial Fishing Permits Center. Any rights not expressly granted in these Terms are reserved by Commercial Fishing Permits Center.

When you transmit user content on Commercial Fishing Permits Center, you hereby grant Commercial Fishing Permits Center and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display any such content, including throughout the world in any media. If you submit feedback or suggestions about our Services, we may use your feedback or suggestions without obligation to you.

Resale or unauthorized distribution of materials downloaded from the Commercial Fishing Permits Center website is strictly prohibited. Use of these materials is for your personal or business use. Any resale or redistribution of our materials requires the express, written consent of Commercial Fishing Permits Center.

14. Intellectual Property Rights

Commercial Fishing Permits Center retains all right, title and interest in and to its products and services, including, without limitation, software, images, text, graphics, illustrations, logos, service marks, copyrights, photographs, videos, music, and all related intellectual property rights. Except as otherwise provided in this agreement, you may not, and may not permit others to:

1. reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer or create derivative works of any of our products and services;
2. sell, license, sublicense, rent, lease, distribute, copy, publicly display, publish, adapt or edit any of our products and services; or
3. circumvent or disable any security or technological features of our products and services.

The design, text, graphics and selection and arrangement thereof and services and the legal forms, documents, guidance and all other content found on our website (“Service Content”) are copyright © Commercial Fishing Permits Center Incorporated. All rights reserved.

Commercial Fishing Permits Center® are registered trademarks in the U.S. Patent and Trademark Office. Commercialfishingpermits.us^® is a trademark of Commercial Fishing Permits Center. These and any other Commercial Fishing Permits Center product or service names or slogans displayed on Commercial Fishing Permits Center products are trademarks of Commercial Fishing Permits Center Incorporated. You may not copy, imitate or use them, in whole or in part, without our prior written consent. In addition, the look and feel of Commercial Fishing Permits Center is the service mark, trademark and/or trade dress of Commercial Fishing Permits Center Incorporated and you may not copy, imitate or use it, in whole or in part, without our prior written consent. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in these Terms or the Services should be understood as in any way granting any license or right to use any of Commercial Fishing Permits Center’s trademarks displayed on our website. All goodwill generated from the use of Commercial Fishing Permits Center’s trademarks is reserved for the use of Commercial Fishing Permits Center, exclusively.

15. Copyright and DMCA

We respond to notices of alleged copyright infringement and terminate accounts of repeat infringers according to the process set out in the U.S. Digital Millennium Copyright Act.

16. Links to Third Party Sites

Commercial Fishing Permits Center’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Commercial Fishing Permits Center does not sponsor and is not legally associated with any third party “linked sites.” Commercial Fishing Permits Center is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Commercial Fishing Permits Center does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Commercial Fishing Permits Center is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Commercial Fishing Permits Center will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) Commercial Fishing Permits Center does not warrant or support any service provided by the third party.

17. Site Terms of Use Modifications

Commercial Fishing Permits Center may revise these terms of use for its website at any time without notice. By using this website, you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

18. Governing Law

Any claim relating to Commercial Fishing Permits Center’s website shall be governed by the laws of the State of Nevada without regard to its conflict of law provisions.

19. Terms

By accessing this website, you are agreeing to be bound by these website Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this website. The materials contained in this website are protected by applicable copyright and trademark law.

20. Disclaimer of Representations and Liability

Please read this section carefully as it affects your rights

The information, software, products, and services made available through Commercial Fishing Permits Center may include inaccuracies or typographical errors. Commercial Fishing Permits Center and/or its suppliers may at any time make improvements or changes to our Services. Information received via Commercial Fishing Permits Center should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation. In short, your use of our Services is at your own risk.

TO THE FULLEST EXTENT PERMITTED BY LAW, COMMERCIAL FISHING PERMITS CENTER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. INFORMATION AND OPINIONS RECEIVED VIA THE WEBSITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL COMMERCIAL FISHING PERMITS CENTER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY, WHETHER OR NOT COMMERCIAL FISHING PERMITS CENTER HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

COMMERCIAL FISHING PERMITS CENTER’S AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES SHALL IN NO EVENT EXCEED THE GREATER OF $500 OR THE AMOUNT PAID BY YOU TO COMMERCIAL FISHING PERMITS CENTER FOR THE 12 MONTHS PRECEDING THE SERVICES IN QUESTION.

21. Use License

1. Permission is granted to temporarily download one copy of the materials (information or software) on Commercial Fishing Permits Center’s website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:
   1. modify or copy the materials;
   2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
   3. attempt to deconstruct or reverse engineer any software contained on Commercial Fishing Permits Center’s website;
   4. remove any copyright or other proprietary notations from the materials; or
   5. transfer the materials to another person or “mirror” the materials on any other server.
2. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Commercial Fishing Permits Center at any time.
3. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

22. Eliminate The Possibility of Reinstatement Fees By Paying Your Yearly Renewal Documentation In Advance.

1. The National Vessel Documentation Center requires an annual renewal of all active vessel registrations, which can only be done, each year, one at a time. In order to avoid a lapse in registration we offer a pre-paid service to you. This is not a subscription. You will not get charged a yearly fee.
   It is an advance payment option for future renewals and you will only get charged a one-time fee at the time of your application submission per the number of years selected. Commercial Fishing Permits Center will pay all government fees on your behalf to the U.S. Coast Guard National Vessel Documentation Center, for the selected amount of years.
2. You will automatically receive a certificate of documentation with the validity of one year, per the number of years selected.
3. In the event of cancellation, please be advised that all processing and application fees are non-refundable. As a courtesy, fees paid for the unused renewal years can be applied to other documentation services offered by Commercial Fishing Permits Center.
4. I understand that each completed Certificate of Documentation will be valid for a maximum period of one (1) year after issuance.
5. I understand that renewing my current Certificate of Documentation (COD) before its expiration month, will produce the issuance of a new certificate of documentation with a 1 year validity, and in turn will cause the current certificate of documentation to become invalid (shortening it’s 1 year validity) as the newly issued certificate of documentation supersedes the current COD.

23. Privacy Policy

Your privacy is very important to us. Accordingly, we have developed this Policy in order for you to understand how we collect, use, communicate and disclose and make use of personal information. The following outlines our privacy policy.

• Before or at the time of collecting personal information, we will identify the purposes for which information is being collected.
• We will collect and make use of personal information solely with the objective of fulfilling those purposes specified by us and for other compatible purposes, unless we obtain the consent of the individual concerned or as required by law.
• We will only retain personal information as long as necessary for the fulfillment of those purposes.
• We will collect personal information by lawful and fair means and, where appropriate, with the knowledge or consent of the individual concerned.
• Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date.
• We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification.
• We will make readily available, to customers, information about our policies and practices relating to the management of personal information.
• We are committed to conducting our business in accordance with these principles in order to ensure that the confidentiality of personal information is protected and maintained.

24. Priority Request

Commercial Fishing Permits Center offers an additional service called Priority Request/Rush Processing on certain applications. This service, when selected, allows an application to bypass Commercial Fishing Permits Center’s internal queue of previously-submitted applications, and be addressed immediately by an assigned Documentation Processor. Completion of this document is optional. All Prioritized Application receive Commercial Fishing Permits Center’s internal prioritization.

Commercial Fishing Permits Center and commercialfishingpermits.us are NOT the National Vessel Documentation Center; we are a third party agency that handles U.S. Coast Guard Documentation processing to National Vessel Documentation Center.

25. Disclaimer and limitation of liability

This system is monitored to ensure proper operation, to verify the functioning of applicable security features, and for other like purposes. Anyone using this system expressly consents to such monitoring. Unauthorized attempts to modify any information stored on this system, to defeat or circumvent security features, or to utilize this system for other than its intended purposes are prohibited and may result in criminal prosecution.

26. Restriction of liability

Commercial Fishing Permits Center Inc. make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the contents of this web site and expressly disclaims liability for errors and omissions in the contents of this web site. No warranty of any kind, implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, merchantability, fitness for a particular purpose and freedom from computer virus, is given with respect to the contents of this web site or its hyperlinks to other Internet resources. Reference in this web site to any specific commercial products, processes, or services, or the use of any trade, firm or corporation name is for the information and convenience of the public, and does not constitute endorsement, recommendation, or favoring by the Commercial Fishing Permits Center.

27. Ownership

Information presented on this web site is considered copyrighted material. Commercial Fishing Permits Center is the sole owner of the trademarks and copyrights related to www.commercialfishingpermits.us However, all information submitted to the Commercial Fishing Permits Center via this site shall be deemed and remain the property of the Commercial Fishing Permits Center, except those submissions made under separate legal contract.

We collect no personal information about you when you visit our website unless you choose to provide this information to us. However, we collect and store certain information automatically. Here is how we handle information about your visit to our website.

28. Dispute Resolution By Binding Arbitration and Class Action Waiver

PLEASE READ THIS SECTION CAREFULLY, AS IT AFFECTS YOUR RIGHTS.

Most customer concerns can be resolved quickly and to the customer’s satisfaction by calling our Customer Service Department at (866) 292-4204. You can also email us at info@commercialfishingpermits.us.

However, if Commercial Fishing Permits Center is not able to resolve a dispute with you after attempting to do so informally, then as a condition to your use of the Services we mutually agree to resolve such dispute through binding arbitration under the auspices of JAMS Alternative Dispute Resolution (“JAMS”). JAMS will administer any such arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes. The arbitration will be held in the United States county where you live or work, or any other location as to which we may then mutually agree. A party seeking arbitration must first send to the other, by certified mail, a written notice of dispute.

You may only resolve disputes with us or Participating Attorneys on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.

Notwithstanding our agreement to arbitrate our disputes as provided above, the following exceptions will apply to the resolution of disputes between us:

• Either you or Commercial Fishing Permits Center may assert claims, if they qualify, in small claims court in Nevada or in any United States county where you live or work without first engaging in arbitration or the informal dispute-resolution process described above.
• Commercial Fishing Permits Center may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any unauthorized use or abuse of the Services without first engaging in arbitration or the informal dispute-resolution process described above.
• Commercial Fishing Permits Center may bring a lawsuit against you in any court of competent jurisdiction solely for injunctive relief to stop any intellectual property infringement without first engaging in arbitration or the informal dispute-resolution process described above.
• In the event that the agreement to arbitrate provided herein is found to be inapplicable or unenforceable for any reason, then as a condition to your use of the Services we agree that any resulting judicial proceedings will be brought in the federal or state courts of Nevada, and by your use of the Services you expressly consent to venue and personal jurisdiction of the courts therein.

Commercial Fishing Permits Center may, in the future, make changes to these provisions regarding dispute resolution and arbitration by providing notice in accordance with the section of these Terms entitled “Modifications” below. You may reject any changes made during your Membership by sending us written notice.

 29. Controlling Law

These Terms will be governed by Nevada law except for its conflicts of laws principles.

 30. Entire Agreement

These Terms constitute the entire agreement between you and Commercial Fishing Permits Center with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

 31. Waiver, Severability and Assignment

Commercial Fishing Permits Center’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Commercial Fishing Permits Center may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

 32. What We Collect and Store Automatically

If you do nothing during your visit but browse through the website, read pages, or download information, we will gather and store certain information about your visit automatically. This information does not identify you personally. We automatically collect and store only the following information about your visit:

1. The Internet domain (for example, “xcompany.com” if you use a private Internet access account, or “yourschool.edu” if you connect from a university’s domain) and IP address (an IP address is a number that is automatically assigned to your computer whenever you are surfing the Web) from which you access our website;
2. The type of browser and operating system used to access our site;
3. The date and time you access our site;
4. If you linked to our website from another website, the address of that website.

We use the information we collect to count the number and type of visitors to the different pages on our site, and to help us make our site more useful to visitors like you.

33. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please visit our Contact Us page at any time.

34. If You Send Us E-mail

You may choose to provide us with personal information, as in e-mail with a comment or question. We use the information to improve our service to you or to respond to your request. Sometimes we forward your e-mail to other government employees who may be better able to help you like the National Vessel Documentation Center. Except for authorized law enforcement investigations, we do not share our e-mail with any other outside organizations.

35. Cookies

“Cookies” are small bits of text that are either used for the duration of a session (“session cookies”), or saved on a user’s hard drive in order to identify that user, or information about that user, the next time the user logs on to a Web site (“persistent cookies”). This Web site does not use persistent cookies or any other persistent tracking technology. One or more of our component sites may use session cookies to provide streamlined navigation. These session cookies are deleted from the component’s server after your session ends and information from them is not collected or saved.

36. Information Protection

For site security purposes and to ensure that this service remains available to all users, this computer system employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. If such monitoring reveals evidence of possible abuse or criminal activity, such evidence may be provided to appropriate law enforcement officials. Unauthorized attempts to upload or change information on this server are strictly prohibited and may be punishable under the Computer Fraud and Abuse Act of 1986 and the National Information Infrastructure Protection Act or other law.

37. Links to Third Party Sites

Commercial Fishing Permits Center’s websites may contain links to third party resources and businesses on the Internet, called here “links” or “Linked Sites.” Those links are provided for your convenience to help you identify and locate other Internet resources that may be of interest to you. Commercial Fishing Permits Center does not sponsor and is not legally associated with any third party “linked sites.” Commercial Fishing Permits Center is not legally authorized to use any trade name, registered trademark, logo, official seal or copyrighted material that may appear in the link.

Commercial Fishing Permits Center does not control, endorse or monitor the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. Commercial Fishing Permits Center is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any third party sites.

If you use any service provided on a Linked Site, (a) Commercial Fishing Permits Center will not be responsible for any act or omission of the third party, including the third party’s access to or use of your customer data and (b) Commercial Fishing Permits Center does not warrant or support any service provided by the third party.

38. Prohibitions

Commercial Fishing Permits Center will not link to any website that exhibits hate, bias or discrimination. Furthermore, we reserve the right to deny or remove any link that contains misleading information or unsubstantiated claims, or is determined to be in conflict with United States Coast Guard’s mission or policies.

39. Disclaimer of Endorsement

The information posted on the Commercial Fishing Permits Center website includes hypertext links or pointers to information created and maintained by other Government/ public and/or private organizations. Commercial Fishing Permits Center provides these links and pointers solely for our users’ information and convenience. When users select a link to an outside website, they are leaving the Commercial Fishing Permits Center site and are subject to the privacy and security policies of the owners/sponsors of the outside website.

• Commercial Fishing Permits Center does not control or guarantee the accuracy, relevance, timeliness or completeness of information contained on a linked website.
• Commercial Fishing Permits Center does not endorse the organizations sponsoring linked websites and we do not endorse the views they express or the products/services they offer.
• Commercial Fishing Permits Center does not and cannot authorize the use of copyrighted materials contained in linked websites. Users must request such authorization from the sponsor of the linked website.
• Commercial Fishing Permits Center is not responsible for transmissions users receive from linked websites.
• Commercial Fishing Permits Center does not guarantee that outside websites comply with the requirements of Section 508 (Accessibility Requirements) of the Rehabilitation Act.

40. Retention of Information

We destroy the information we collect when the purpose for which it was provided has been fulfilled unless we are required to keep it longer by statute or official policy. Electronically submitted information is maintained and destroyed according to the principles of the Federal Records Act and the regulations and records schedules approved by the National Archives and Records Administration and in some cases information submitted to us may become an agency record and therefore might be subject to a Freedom of Information Act request.

41. Controlling Law

These Terms will be governed by Nevada law except for its conflicts of laws principles.

42. Entire Agreement

These Terms constitute the entire agreement between you and Commercial Fishing Permits Center with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

43. Waiver, Severability and Assignment

Commercial Fishing Permits Center’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Commercial Fishing Permits Center may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.

44. Modifications

We may revise these Terms from time to time, and will always post the most current version on our website. If a revision meaningfully reduces your rights, we will notify you (by, for example, posting on our blog or on this page). By continuing to use or access the Services after the revisions come into effect, you agree to be bound by the revised Terms.

If you have any questions or concerns, please visit our Contact Us page at any time.

45. Notice of Monitoring

You are entering the Commercial Fishing Permits Center online documentation System, which may be used only for authorized purposes. Commercial Fishing Permits Center may monitor and audit usage of this system, and all persons are hereby notified that use of this system constitutes consent to such monitoring and auditing. Unauthorized attempts to upload information and/or change information on these web sites are strictly prohibited and are subject to prosecution under the Computer Fraud and Abuse Act of 1986 and 18 U.S.C. §§1001 and 1030.

46. Release and Limitation of Liability

Client shall release, hold harmless and indemnify Commercial Fishing Permits Center and their respective employees and representatives, of and from any and all disputes, actions, claims, demands, liabilities, judgements, and attorney fees, which are related to or arise directly from the use of our services/site/advertising/materials/activities, howsoever caused, including, without limitation, those due to the negligence, fault or other act or omission of Commercial Fishing Permits Center or of their respective employees or representatives. By accepting the terms and conditions by submitting an application though the online portal www.commercialfishingpermits.us or by phone still subject to these terms and conditions.

47. Governing Law; Arbitration of Disputes.

By clicking submit and agreeing to the terms and conditions The Agreement. The validity, interpretation, and performance of this agreement shall be controlled by and construed under the laws of the State of Nevada. Any dispute, claim or controversy which arises from or is related to this agreement shall be resolved by binding arbitration, before pursuant to the Commercial Arbitration Rules of the American Arbitration Association or ADR Services, Inc. to be conducted within the County of Commercial Fishing Permits Center’s business. This includes any dispute whatsoever or any claim for any act or omission. However, any claim that may be alleged within the jurisdiction of Commercial Fishing Permits Center’s Small Claims Courts.