These Terms of Service (the “Terms”) apply to your use of the kotfish mobile
applications, and our website, including  http://www.kotfish.com (hereinafter
collectively, the “Sites”), our platform to sell fishing-related goods and services (the
“Kotfish Shop”), and our other applications, software, features, tools, and services
related to any of the foregoing (collectively, the “Services”). The Sites are made and
provided by Kotfish, a company duly incorporated and organized under the laws of USA,
having its registered address in the United Sates. The Kotfish Shop is provided by Kot
LLC., an LLC having a place of business at 120 W. Street Rd Kennett Square, PA 19348
(the “Kotfish Shop Entity”). The entity owning and operating the Sites and the Kotfish
Shop Entity are referred to collectively as “Kotfish”). As used herein, ‘Kotfish’, ‘we,’ and
‘us’ refers to Kotfish and/or Kot LLC., as applicable. You are referred to herein as “you.”
Users of the Services are referred to herein as “Users.” The Sites and Services and the
Kotfish Shop and services related thereto are provided pursuant to the laws of the state
of Pennsylvania, USA.
These Terms create a legal and binding agreement between you and Kotfish and
explain the rules governing use of the Services. You agree to comply with the Terms,
our privacy policy located at http://www.kotfish.com/privacy, all updates to the
foregoing, and any additional terms we may make available to you on the Services, and
all applicable local, state, national, and international laws, rules, and regulations.
This Agreement was written in English. To the extent a translated version of the Terms
conflicts with the English language version, then the English language version shall
control.
BY ACCESSING, USING, UPLOADING OR DOWNLOADING ANY INFORMATION
OR MATERIALS TO OR FROM THE SERVICES, BY CREATING AN ACCOUNT, OR
BY CLICKING “SIGN UP” OR ANY SIMILAR MECHANISM, YOU ARE AGREEING
TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS
OR USE THE SERVICES OR SITES.  NOTICE REGARDING DISPUTE
RESOLUTION: THESE TERMS CONTAIN PROVISIONS THAT GOVERN HOW
DISPUTES BETWEEN YOU AND KOTFISH ARE RESOLVED, INCLUDING AN
AGREEMENT TO ARBITRATE, WHICH WILL, UNLESS YOU RESIDE IN THE
EUROPEAN UNION, WITH LIMITED EXCEPTION, REQUIRE YOU TO SUBMIT
CLAIMS YOU HAVE AGAINST US TO BINDING AND FINAL ARBITRATION AND
LIMIT YOU TO CLAIMS AGAINST KOTFISH ON AN INDIVIDUAL BASIS,
UNLESS YOU OPT-OUT IN ACCORDANCE WITH THE INSTRUCTIONS BELOW.

1. Registration and accounts
The Services are intended solely for persons who are 13 years old or such higher age
required in your country to use the Services. If you are under the legal age to form a
binding contract in your jurisdiction, you represent that your parent or legal guardian
has reviewed and agreed to these Terms on your behalf.
To use the Services, you must register. You agree to: (a) provide true, accurate,
current and complete information about yourself (collectively, “User Data”) and (b)
maintain and promptly update the User Data. You agree that Kotfish may use your User
Data to provide Services that you access or use and as otherwise set forth in these
Terms. If you provide any User Data that is inaccurate or not current, or Kotfish has
reasonable grounds to suspect that such User Data is inaccurate or not current, Kotfish
has the right to suspend or terminate your account and refuse current or future use of
the Services. In consideration of your use of the Services, you represent that you are
not a person barred from receiving or using the Services under the laws of any
applicable jurisdiction.
You are solely responsible for maintaining the confidentiality of the password associated
with your account and for restricting access to your password, and for restricting access
to your computer and your mobile device while logged into the Services. You accept
sole responsibility for all activities that occur under your account or from your computer
and mobile devices. We endeavor to use reasonable security measures to protect
against unauthorized access to your account. We cannot, however, guarantee absolute
security of your account, your Content (as defined below), or the personal information
you provide, and we cannot promise that our security measures will prevent third-
parties from illegally accessing the Services or its contents. You agree to immediately
notify Kotfish of any unauthorized use of your account or password, or any other
breach of security, and confirm that you understand all risks of unauthorized access to
User Data and any other information or content you provide to Kotfish.
You acknowledge that you are fully responsible for obtaining all relevant fishing permits
and all other authorizations and permissions needed in order to fish at a location which
may be presented to you in our Services. You agree not to use our Service in
connection with any unpermitted, unauthorized, illegal, or dangerous (to you or others)
fishing or other activities.
2. Content

Kotfish holds the qualities of respect for others and originality of creation in high
regard. When you use or interact with our Services and/or with other Users of the
Services, you may elect to send, display, distribute, use, submit, upload, communicate,
transmit, or otherwise make available to us and/or to other Users of the Services
content, including but not limited to information, data, photographs, video, text, sound,
software, graphics, messages, posts, tags information on your geographical position
ratings, reviews, comments, opinions, and other content (collectively, "Content")
whether publicly posted, privately transmitted, or submitted through a third party API
(e.g. a photograph submitted via Instagram).
For all Content you use, send, upload, communicate, transmit, or otherwise make
available in connection with the Services, you grant to Kotfish and our affiliates an
unlimited, non-exclusive, irrevocable, worldwide, perpetual, royalty-free, fully
sublicensable and fully transferable right to use, copy, reproduce, change, modify,
adapt, edit, distribute, translate, transfer, host, store, display, create derivative works
from, make publicly available and/or perform such Content in relation to our Services
throughout the world in any media, including but without limitation for purposes of
operating, developing, providing, promoting, and improving the Services and
researching and developing new ones. To the fullest extent permitted under applicable
law, you waive your moral rights (or 'droit moral') and all other rights, to and/or in the
Content. You acknowledge and agree that we may share Content with our affiliates,
partners, and companies that we cooperate with, as well as third party services such as
Facebook and Instagram.
When you appear in, create, upload, post, or send Content via the Services, you also
grant Kotfish, our affiliates, and our business partners and licensees the unrestricted,
worldwide, perpetual right and license to use your name, likeness, and voice, and
information about your activities and actions you have taken, including your use of third
party products, services, or devices, in ads, offers, and other commercial contexts on
the Services and otherwise in connection with commercial or sponsored content without
compensation to you. This means, among other things, that you will not be entitled to
any compensation from Kotfish, our affiliates, or our business partners if your name,
likeness, or voice is conveyed through the Services, either on the Kotfish application or
on one of our business partner’s platforms.
You agree that the Content you send, upload, communicate, transmit, distribute,
display, use, submit, or otherwise make available, and your use of the Services:
 is true and accurate and not false or misleading;
 is not threatening, disparaging, hate speech, an incitement to violence,
defamatory, pornographic, racially or ethnically offensive, graphic violence,
discriminatory, obscene, insulting, harassing, intimidating, bullying, slanderous or
otherwise illegal, injurious, objectionable, or inappropriate;

 does not infringe or otherwise violate the intellectual property (including
copyright), publicity, privacy, or other rights of any third party;
 is information that you are legally entitled to possess, distribute, share and post;
 does not contain any unsolicited or unauthorized advertising, commercial
solicitation, political campaigning, promotional material, 'junk mail', 'spam', 'chain
letters', mass mailing, 'pyramid schemes' or any other form of solicitation; and
 does not contain software virus or any other technology that may harm the
Services, or the interests or property of our Services or the other Users of the
Services.
If your Content violates these Terms or is otherwise objectionable, you may bear legal
responsibility for that Content. As between you and Kotfish, any Content will be non-
confidential and non-proprietary and we will not be liable for any use or disclosure of
Content. You acknowledge and agree that your relationship with Kotfish is not a
confidential, fiduciary, or other type of special relationship, and that your decision to
submit any Content does not place Kotfish in a position that is any different from the
position held by members of the general public, including with regard to your Content.
Use of your Content is governed by Kotfish’s Privacy Policy located at
https://kotfish.com/privacy.
Kotfish appreciates the opportunity to be notified of any objectionable or unauthorized
use of Content, and Users, rights holders and licensees are invited to inform Kotfish of
any potential violations by sending an email to us at support@fishbrain.com.
Kotfish hereby reserves the right in its absolute discretion, at any time and for any
reason, including to provide, develop, modify, limit and terminate the Services. If we
think your Content violates these Terms or is otherwise objectionable, Kotfish is
permitted to unilaterally screen, monitor, refuse, remove or edit any Content or activity
from the Services, but is not required to do so. Kotfish is not responsible, and assumes
no liability, for any third-party content or Content provided by you, nor information
contained therein or made available or otherwise used in connection with the Services,
and is not responsible for the deletion or loss of any Content or the failure of any
content to comply with these Terms.
3. Use of the services
User conduct
Certain rules must be complied with in order to maintain the integrity, legality, and
safety of the Services and to promote the User experience. By using the Services, you
agree that:

 You are eighteen (18) years of age or above; no one under 18 may create an
account or use the Services;
 You can form a binding contract with Kotfish;
 You are not a person who is barred from using the Services under the laws of
the United States or any other applicable jurisdiction—including, but not limited
to, that you do not appear on the U.S. Treasury Department’s list of Specially
Designated Nationals or face any other similar prohibition and are not the subject
of U.S. sanctions or of sanctions consistent with U.S. law imposed by the
governments of the country where you are using Services.
 You will comply with all U.S. or other export and re-export restrictions that may
apply to goods, software (including our software), technology, and services.
 You will use the Services and Content only as expressly permitted in these
Terms; you will not use the Services or Content for any purpose that is illegal or
prohibited by these Terms or enable or assist anyone else to do so, nor will you
encourage or promote any activity that violates these Terms;
 You will use the Services and Content for your own private, personal purposes
only and not for any commercial use other than purchasing products through the
Services, such as marketing or sale of goods or Services, or for any business or
other entity;
 You will only send, upload, communicate, transmit, distribute, display or
otherwise make available Content that you own or otherwise have all necessary
rights in and are permitted to make available in the Services;
 You will not use another person or entity's name or e-mail address or identity
when you use our Services or mislead as to the origin of Content, nor will you
solicit login credentials from another User or use or attempt to use another
User’s account, username, or password;
 If you create a User account, you will only create one account per platform,
provide your full name and a valid e-mail address through which we will be able
to contact you, as well as any other step required in order to sign up for an
account. You agree to keep your login details to your User account secure and
confidential, which includes but is not limited to not disclosing your login details
to anyone else or allowing someone else to use your login details or account;
you will not create another account if we disable your account; you will not buy,
sell, rent or lease access to your account; and you accept full responsibility for
the activities carried out by the use of your account or credentials;
 You will not use any robot, spider, crawler, scraper, or other automated means
or interface to access the Services, gather or extract data, or collect any personal

or other information (such as User name and e-mail address) regarding users of
our Services;
 You will not decompile, disassemble or reverse engineer the Services or attempt
to extract the source code of software that is part of the Services, or circumvent,
deactivate or otherwise interfere with any technological measure or security-
related feature of the Services;
 You will not copy, modify, distribute, sell, archive, download, share, upload,
syndicate, broadcast, perform, display, make available, or lease any part of our
Services or content;
 You will not use or develop any third-party applications that interact with the
Services or other Users’ Content or information without our prior written consent;
 You will not use the Services in a way that could interfere with, disrupt,
negatively affect, or inhibit other users from fully enjoying the Services, or that
could damage, disable, overburden, or impair the functioning of the Services;
 You will not upload viruses or other malicious code or otherwise compromise the
security of the Services;
 You will not circumvent, or attempt to circumvent, any Content-filtering
techniques we employ, or access, or attempt to access, areas or features of the
Services that you are not authorized to access;
 You will not probe, scan, or test the vulnerability of our Services or any system
or network and
 You will not remove or amend any copyright, trademark or other proprietary
notices, or use branding, logos, designs, photographs, videos or any other
materials used in our Services unless you own or otherwise have the express
right to use such Content for such purpose.
Interactions with Users
The Services function, among other things, as a venue to connect Users in a virtual
information place. As a neutral facilitator, Kotfish is not directly involved in the actual
interactions between users of the Services. As a result, Kotfish has no control over the
truth, accuracy, quality, legality, or safety of postings made by Users of the Services.
Kotfish shall have no responsibility to confirm the identity of users. Kotfish shall also
have no responsibility to confirm or verify the qualifications, background, or abilities of
Users of the Services. You shall at all time exercise common sense and good judgment
when dealing with any User of the Services.

If you elect to use our features to inform your contacts about the Services or share your
information with others, Kotfish may require you to provide contact information. You
represent that you are authorized to provide any third-party contact information that
you provide to Kotfish, that you are authorized to use such information to contact
(including for Kotfish to contact on your behalf) the third party, and that Kotfish may
process it pursuant to the https://kotfish.com/privacy.
4. Privacy
When you sign up for an account you provide personal details to us that may be
deemed as personal information under the applicable legislation. By using our Services,
you agree to our collection, storage, use and sharing of your personal and other data
in accordance with our Privacy Policy, which is published at:
https://kotfish.com/privacy.
In addition, if you enable the Services to interact with any third party (such as social
network sites), you give us permission to collect, use, store and share information
which that third party shares with us. You are advised to read third party terms
carefully to see what information they might share with us.
5. Cookies
When you visit or interact with our Services, Kotfish uses and our authorized services
providers may use cookies to store certain types of information for each time you visit
or interact with our Services. By accepting these Terms, you agree to Kotfish using
cookies in accordance with our Cookie Policy, which is published at:
https://kotfish.com/cookie-policy.
6. Termination and cancellation
You may terminate your account and use of the Services at any time.
You agree that Kotfish may, without prior notice, immediately terminate your account
and/or access to the Services, in Kotfish’s sole and absolute discretion, for causes that
include but are not limited to, the following: (a) breaches or violations of the Terms or
other applicable agreements, policies or guidelines, (b) requests by law enforcement or
other government agencies, (c) a request by you (self-initiated account deletions), (d)
discontinuance or material modification to the Services (or any portion thereof), (e)
unexpected technical or security issues or problems, (f) extended periods of inactivity,
and/or (g) nonpayment of any fees owed by you in connection with the Services.
Termination of your account may include (x) removal of access to all offerings within
the Services, (y) deletion of your information, files, and Content associated with your

account, and (z) barring of further use of the Services. All terminations shall be made in
Kotfish’s sole and absolute discretion, and Kotfish shall not be liable, in any manner, to
you or any third party for any termination of your account or access to the Services, in
any situation.
All license grants set forth in these Terms and expressly identified as “perpetual” will,
along with the following Sections, survive termination for any reason of your account,
these Terms, and/or of the Services: Sections 4 (Privacy), 9.2(c) (Recalls), 10 (Third
Party Services), 13 (Disclaimer of Warranties and Liability), 15 (Indemnity), 16 (Choice
of Law and Forum), 17 (Dispute Resolution and Forum – Kotfish Shop), and 18
(General).
7. Site policies, modifications, and severability
Kotfish may change the Services at any time, including, but not limited to, adding or
removing features or even discontinuing the Services, in their entirety. We may also
suspend or stop the Services altogether. We may take any of these actions at any time,
and when we do, we may not provide you with any advance notice.
Please review our other policies, including but not limited to our Privacy
Policy and Cookie Policy, as well as our Kotfish help page posted on our Site. These
policies also govern your use of Services. We reserve the right to make changes to our
site, policies, and these Terms at any time without notice, effective upon posting or as
otherwise required by applicable law. You are advised to regularly review the latest
version which is published at https://kotfish.com/terms-of-service. If you do not
wish to accept such Terms, you can terminate your account. Any continued use by you
of the Services following the notification of modified Terms shall constitute acceptance
by you of such Terms. If any of the Terms shall be deemed invalid, void, or for any
reason unenforceable, that specific Term shall be deemed severable, and shall not
affect the validity and enforceability of any remaining Terms.
8. Premium subscription
You may subscribe to Kotfish's premium service. If you are between 13 and 18 years of
age your legal guardian must consent thereto and purchase the subscription for you
and you may use the Services only with the involvement of a parent or guardian. We
may change our subscription fees from time to time by posting the changes on the
Kotfish site. If you continue to use the Services after the new fees apply you accept and
agree to pay the new fees.
9. Kotfish shop

The Kotfish Shop offers a wide array of fishing and related gear for purchase. The
Kotfish Shop is provided by Kot LLC. You must have your own Kotfish account in order
to use the Kotfish Shop, and you may be required to be logged in to the account and
have a valid payment method associated with it.
Purchase/Order Processing, Fulfillment, and Shipping
(a) Order Process. You may place orders to purchase items (“Products” or “Products”,
as applicable) in the Kotfish Shop (“Order” or “Orders”, as applicable) from one of the
third-party sellers (“Seller” or “Sellers”, as applicable) offering Products therein.
(b) Order Fulfillment. Sellers are solely responsible for, and bear all liability for, the
fulfillment of each Order, including but not limited to the initial packaging and shipping
of Products, and customer service.
(c) Shipping Options. Shipping options for all Products sold through the Kotfish Shop
will be made available to you by Seller at checkout. Products cannot be shipped outside
the United States or in any region where the sale of such Product violates any policy of
the Sellers or any or applicable law.
(d) No Liability. Kotfish Shop shall have no liability or responsibility whatsoever for
Products sold in the Kotfish Shop.
Cancellations, Returns, Refunds, and Recalls
(a) Cancellations and Returns. Returns for Products sold on the Kotfish Shop that are
eligible for return must be returned within 30 days of receipt of shipment in order to
receive a full refund. Products must be returned in the original carton, with all original
packaging, accessories, and instructions.
(b) Refunds. If Seller determines you are due a cash refund, the refund will be made
via your original payment method (e.g., credit or debit card).
(c) Recalls. Kotfish will have no responsibility or liability for any recalls of Products sold
through the Kotfish Shop. Seller is solely responsible for any non-conformity or defect
in, or any public or private recall of, Seller’s Products.
Product Descriptions
Kotfish attempts to be as accurate as possible. However, product descriptions are
provided by sellers, and Kotfish does not warrant that Product descriptions are provided
by Sellers, and Kotfish does not want the Product prior descriptions, or that other
content of any Service is accurate, complete, reliable, current, or error-free. If a Product

offered on the Kotfish Shop is not as described, your sole remedy is to return it in
unused condition, in the original packaging, per the Seller’s terms.
Pricing
With respect to items sold by Kotfish, we cannot confirm the price of an item until you
order. Despite our best efforts, a small number of the items on the Kotfish Shop may be
mispriced. If the correct price of an item sold on the Kotfish Shop is higher than our
stated price, we will, at our discretion, either contact you for instructions before
shipping or cancel your order and notify you of such cancellation.

10. Third party services
In addition to Sellers in the Kotfish Shop, Kotfish may also include links to, or otherwise
make available through the Services, products, services, features, and/or functionality
operated or provided by a third party (collectively, “Third Party Services”). Third Party
Services made available on the Services are made and offered directly by the applicable
third party. When you pursue or purchase any Third-Party Services, you acknowledge
and confirm your interaction with, participation and promotions of, including, but not
limited to, payment and delivery of any Third-Party Services, are solely between you
and such third party and are subject to such third party’s terms and conditions. Your
interaction with, or participation in promotions of, third parties found on or through the
Services, including payment and delivery of goods or services (except as otherwise
specified in the Kotfish Shop) and any other terms, are solely between you and such
third party and are subject to such third party’s terms and conditions. You are advised
to read third party terms, including terms of use/service and privacy policy, carefully as
they constitute an agreement between you and the third party. You acknowledge and
agree that Kotfish is not responsible or liable for a third party’s terms, products, content
or actions, including their failure to comply with their terms of use/service or privacy
policy.
YOU AGREE THAT KOTFISH SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGES OF
ANY KIND INCURRED BY YOU AS THE RESULT OF ANY OF YOUR DEALINGS WITH
THIRD PARTY SERVICE PROVIDERS OR ADVERTISERS AVAILABLE THROUGH THE
SERVICES.
Kotfish or third parties may provide links to other internet sites or resources through
the Services. Kotfish does not endorse and is not responsible or liable for any content,
information, advertising, products or other materials on or available from such sites or
resources. You acknowledge and agree that Kotfish is not responsible for the availability
of such external sites or resources.

11. Intellectual property
You acknowledge and agree that the Services, any necessary software used in
connection with the Services, any data based on content on the Services, and any
content available or made available on the Services contain proprietary and confidential
information that is protected by applicable intellectual property and other laws. Except
as expressly permitted by applicable law, or authorized by Kotfish or applicable or
Third-Party Service providers or advertisers (in writing), you agree not to modify, rent,
lease, loan, sell, distribute or create derivative works based on the Services, the
software or Content available on the Services (other than Content that you may
submit), in whole or in part.
Kotfish grants you a personal, revocable, non-transferable, non-sublicensable, non-
exclusive right and license to access and use the Services; -provided that you do not
(and do not allow any third party to) copy, modify, create a derivative work from,
reverse engineer, reverse assemble or otherwise attempt to discover any source code,
sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the
Services, except where permitted by law. You agree not to access the Services by any
means other than through the interfaces that are provided by Kotfish.
The term “KOTFISH,” the KOT logo and all other KOT logos and product and service
names are the exclusive trademarks and intellectual property of, and are owned by, Kot
LLC., and you may not use or display such trademarks, logos, names and intellectual
property, in any manner, without Kotfish’s prior written permission. Any third-party
trademarks or service marks displayed on the Services are the property of their
respective owners. Kotfish reserves all rights not expressly granted hereunder.
Kotfish honors the requirements set forth in the Digital Millennium Copyright Act. We
take reasonable steps to expeditiously remove from our Services any infringing material
that we become aware of. And if Kotfish becomes aware that one of its Users has
repeatedly infringed copyrights, we will take reasonable steps within our power,
including but not limited to terminating that User’s account.
We make it easy for you to report suspected copyright or trademark infringement. If
you believe that anything on the Services infringes a copyright or trademark that you
own or control, please file a notice with our designated agent by emailing us at
info@kotfish.com. If you file a notice with our Agent, it must comply with the
requirements set forth at XXXXXXXXX. That means the notice to our agent must:
 contain the physical or electronic signature of a person authorized to act on
behalf of the copyright owner.
 identify the copyrighted and/or trademark work(s) claimed to have been
infringed.

 identify the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed, or access to which is to be disabled,
and information reasonably sufficient to let us locate the material.
 provide your contact information, including your address, telephone number, and
an email address.
 provide a personal statement that you have a good-faith belief that the use of
the material in the manner complained of is not authorized by the
copyright/trademark owner, its agent, or the law.
 provide a statement that the information in the notice is accurate and, under
penalty of perjury, that you are authorized to act on behalf of the
copyright/trademark owner.

12. Your feedback
We welcome your comments, feedback, suggestions, and other communications
regarding the Services and the information and services we make available through the
Services (collectively, “Feedback”). If you provide Feedback, you hereby grant to
Kotfish a worldwide, non-exclusive, transferable, assignable, sub- licensable, perpetual,
irrevocable, royalty-free license to copy, distribute, create derivative works of, publicly
display and perform and otherwise exploit such Feedback and to use, make, have
made, sell, offer for sale, import and export products and services based on such
Feedback. For this reason, we ask that you not send Kotfish any Feedback that you do
not wish to license to us as set forth above.
13. Disclaimer of warranties and liability
THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND CONTENT AVAILABLE
THROUGH THE SERVICES AND THE SITES ARE PROVIDED TO YOU “AS IS” AND
“WHERE IS” WITHOUT WARRANTY OF ANY KIND. KOTFISH AND ITS SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS HEREBY
DISCLAIM ALL WARRANTIES WITH REGARD TO SUCH INFORMATION, SOFTWARE,
SITES, PRODUCTS, SERVICES AND CONTENT, INCLUDING, WITHOUT LIMITATION,
ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT. KOTFISH AND ITS

SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS MAKE NO WARRANTY THAT: (a) THE SERVICES WILL MEET YOUR
REQUIREMENTS; (b) YOUR CONTENT WILL BE AVAILABLE OR THE SERVICES WILL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) THE RESULTS THAT MAY BE
OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE; (d)
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR
EXPECTATIONS; (e) SELLERS AND OTHER THIRD PARTY PROVIDERS WILL COMPLY
WITH THEIR RESPECTIVE COMMITMENTS, TERMS OR POLICIES, AND (e) ANY
ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU EXPRESSLY AGREE TO RELEASE AND HOLD HARMLESS KOTFISH, ITS
SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, AGENTS, REPRESENTATIVES,
EMPLOYEES, PARTNERS AND LICENSORS (THE “RELEASED PARTIES”) FROM ANY AND
ALL LIABILITY IN CONNECTION WITH YOUR FISHING ACTIVITIES AND/OR USE OF
THE KOTFISH SITES, MOBILE APPLICATIONS, CONTENT, SERVICES AND PRODUCTS,
INCLUDING PRODUCTS PURCHASED ON OR IN THE KOTSHOP, AND PROMISE NOT TO,
AND WAIVE ALL RIGHTS TO, SUE THE RELEASED PARTIES FOR ANY CLAIMS,
ACTIONS, INJURIES, DAMAGES, OR LOSSES ASSOCIATED WITH SUCH USE. YOU ALSO
AGREE THAT IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR
ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH (a)
YOUR USE OR MISUSE OF THE SERVICES, (b) YOUR USE OR MISUSE OF EQUIPMENT
OR PROGRAMS CREATED OR LICENSED BY KOTFISH WHILE ENGAGED IN FISHING
ACTIVITIES, (c) YOUR DEALINGS WITH THIRD-PARTY SERVICE PROVIDERS OR
ADVERTISERS AVAILABLE THROUGH THE SERVICES, (d) ANY DELAY OR INABILITY TO
USE THE SERVICES EXPERIENCED BY YOU, OR (e) ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES OR CONTENT OBTAINED THROUGH THE SERVICES, WHETHER
BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF KOTFISH
HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
TO THAT END, YOU AGREE TO THE MOST EXCLUSIONS AND LIMITATIONS OF
LIABILITIES, AS AGAINST THE RELEASED PARTIES, AS MAY BE AUTHORIZED BY THE
APPLICABLE LAWS IN SUCH STATES/JURISDICTIONS. IN ENTERING INTO THIS
RELEASE BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW SOME OR ALL OF
THE EXCLUSIONS OR LIMITATIONS OF LIABILITY ABOVE, SUCH AS EXCLUSIONS FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS OR
EXCLUSIONS MAY NOT APPLY TO YOU. IN ENTERING INTO THIS RELEASE, YOU
ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND, AND HEREBY EXPRESSLY
WAIVE THE BENEFITS OF, SECTION 1542 OF THE CIVIL CODE OF PENNSYLVANIA,
(AND ANY SIMILAR LAW OF ANY STATE, COUNTRY OR TERRITORY), WHICH
PROVIDES AS FOLLOWS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS
WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT
THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE
MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

KOTFISH DOES NOT ENDORSE YOUR CONTENT OR ANY OTHER USER’S CONTENT AND
SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR
ENTITY FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, INDIRECT,
PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY
KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY CONTENT ON THE
SERVICES. THE COMPANY’S MAXIMUM AGGREGATE LIABILITY TO YOU PURSUANT TO
THESE TERMS SHALL NOT EXCEED THE GREATER OF EITHER (a) FIFTY DOLLARS
($50) OR (b) THE AMOUNT OF FEES PAID BY YOU TO FISHBRAIN IN THE 12-MONTHS
PRIOR TO DATE THE CLAIM.
IF YOU ARE A CONSUMER RESIDING IN THE EUROPEAN UNION, YOU HAVE LEGAL
REMEDIES IF WE CAUSE YOU LOSS BY OUR BREACH OR NON-PERFORMANCE OF OUR
LEGAL OBLIGATIONS, OR BY OUR NEGLIGENCE, AND THESE TERMS DO NOT AFFECT
THOSE STATUTORY REMEDIES.
14. Notice for California users
Under California Civil Code Section 1789.3, California Services Users are entitled to the
following specific consumer rights notice: The Complaint Assistance Unit of the Division
of Consumer Services of the California Department of Consumer Affairs may be
contacted in writing at 1625 N. Market Blvd., Suite N 112, Sacramento, California
95834, or by telephone at (800) 952-5210.
15. Indemnity
You agree to indemnify and hold Kotfish, and its subsidiaries, affiliates, members,
managers, officers, agents, representatives, employees, partners and licensors, and the
Released Party, completely harmless from any and all claims and demands, including,
but not limited to, claims for reasonable attorneys’ fees, made by any third party due or
arising out of Content you submit, post, transmit or otherwise seek to make available
through the Services, your use of the Services, your use of any products obtained on
the KotShop, your fishing activities which generate the Content you post or seek to post
on the Services, your connection to the Services, your violation of the Terms, your
violation of any data protection or privacy or other laws, or your violation of any rights
of another person or entity. Your rights with respect to Kotfish and the Released Parties
are not modified by the foregoing indemnification if the laws of your country of
residence, applicable as a result of your use of our Services, do not permit it.
16. Choice of law and forum
Any action related to the Terms, Content, the Services, and/or your relationship with
the Kotfish, other than with respect to the Kotfish Shop, shall be governed by, and

construed and interpreted in accordance with, the laws of the Commonwealth of
Pennsylvania, USA, without regard to its conflict of laws principles, and the parties
irrevocably consent to bring any such action in and consent to the exclusive jurisdiction
of the courts of Chester County, Pennsylvania, or the Federal U. S. District Court, for
the Eastern District of Pennsylvania, sitting in Philadelphia. Any action related to the
Kotfish Shop will be governed by, and construed and interpreted in accordance with,
the laws of the Commonwealth of Pennsylvania, U.S., and the parties irrevocably
consent to dispute resolution per the terms of Section 17 below (Dispute Resolution) for
any claims arising out of or relating to the Kotfish Shop, which arbitration will take place
in Philadelphia, Pennsylvania, U.S. THE UNITED NATIONS CONVENTIONS ON
CONTRACTS FOR THE INTERNATIONAL SALE OF GOODS AND THE UNIFORM
COMPUTER INFORMATION TRANSACTION ACT AS CURRENTLY ENACTED BY ANY
JURISDICTION OR AS MAY BE CODIFIED OR AMENDED FROM TIME TO TIME BY ANY
JURISDICTION DO NOT AND SHALL NOT APPLY IN ANY ACTION RELATED HERETO. If
any party hereto brings any suit or action against another for relief, declaratory or
otherwise, arising out of these Terms, the prevailing party will have and recover against
the other party, in addition to all court costs and disbursements, such sum as the court
may adjudge to be reasonable attorneys’ fees.
Notwithstanding the foregoing, if you are a User based in the European Union, your
local laws in your European Union Member State may allow you to take legal action
against Kotfish in your member state and to invoke certain local laws against Kotfish.
To the extent legally permissible, you agree to waive all of these rights, and release
Kotfish and their released parties, from any liability or legal responsibility, under the
same.

17. Dispute resolution - Kotfish Shop
Arbitration
The parties shall use their best efforts to settle any dispute, claim, question, or
disagreement directly through good-faith negotiations, which shall be a precondition to
either party initiating a lawsuit or arbitration. Except for disputes relating to the
Kotfish’s intellectual property (such as trademarks, trade dress, domain names, trade
secrets, copyrights and patents) all claims arising out of or relating to the terms of this
Agreement related to the Kotfish Shop Services and/or your use of the Kotfish Shop
shall be finally settled by binding arbitration administered by JAMS (formerly called
Judicial Arbitration and Mediation Services, Inc.) in accordance with its provisions and
procedures for consumer-related disputes, excluding any rules or procedures governing
or permitting class actions. This arbitration shall utilize a single arbitrator mutually

chosen by the parties. In the event that a single arbitrator cannot be mutually agreed
upon by the parties, then the arbitration shall utilize three (3) arbitrators, one (1)
chosen by each party, with the two (2) chosen arbitrators then mutually agreeing to,
and appointing, a third arbitrator. The arbitrator(s), and not any court or agency, shall
have exclusive authority to resolve all disputes arising out of or relating to this
Agreement, including, but not limited to, any claim that all or any part of this
Agreement is void or voidable. The arbitrator shall be empowered to grant whatever
relief would be available in a court; provided, however, that the arbitrator will not have
authority to award damages, remedies, or awards that conflict with this Agreement.
The arbitrator’s award shall be binding on the parties and may be entered as a
judgment in any court of competent jurisdiction. All costs of the arbitration are to be
split equally between You and Kotfish. You and Kotfish hereby expressly waive trial by
jury. You also agree not to participate in claims brought in a private attorney general or
representative capacity, or consolidated claims involving another person’s account, if
Kotfish is a party to the proceeding. This dispute resolution provision will be governed
by the Federal Arbitration Act.
The parties understand that, absent this mandatory provision, they would have the
right to sue in court and have a jury trial. They further understand that, in some
instances, the costs of arbitration could exceed the costs of litigation and that the right
to discovery may be more limited in arbitration than in court.
Class-Action Waiver
The parties further agree that any arbitration shall be conducted in their individual
capacities only, and not as a class action or other representative action. If any court or
arbitrator determines that the class-action waiver set forth in this section is void or
unenforceable for any reason, or that an arbitration can proceed on a class basis, then
the arbitration provision set forth above shall be deemed null and void in its entirety
and the parties shall be deemed to have not agreed to arbitrate disputes.
Thirty-Day Right to Opt Out
You have the right to opt out and not be bound by the arbitration- and class-action-
waiver provisions set forth in this section by sending written notice of your decision to
opt out to the following address: info@kotfish.com. The notice must be sent within 30
days of registering to use the Services; otherwise, you shall be bound to arbitrate
disputes in accordance with these Terms. If you opt out of these arbitration provisions,
Kotfish also will not be bound by them. In addition, if you elect to opt out of these
arbitration provisions, Kotfish may terminate your use of, and access to, the Services
and/or the Sites.
Time Limitation on Claims

Except to the extent prohibited by applicable law, You agree that any claim you may
have arising out of or related to your relationship with Kotfish and these Terms must be
filed within one (1) year after such claim arose; otherwise, your claim is permanently
barred. This provision does not apply if you are based in the European Union in which
case time limitations shall be determined in accordance with governing law for EU
users.
18. General
You agree that no joint venture, partnership, joint controllership, employment or
agency relationship exists between you and Kotfish as a result of the Terms or your use
of the Services and/or Sites. The Terms constitute the entire agreement between you
and Kotfish with respect to your use of the Services and/or Sites. The failure of Kotfish
to exercise or enforce any right or provision of the Terms shall not constitute a waiver
of such right or provision. If any provision of the Terms is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court
should endeavor to give effect to the parties’ intentions as reflected in the provision,
and the other provisions of the Terms remain in full force and effect. You may not
assign, delegate or otherwise transfer your account or your obligations under these
Terms without the prior written consent of Kotfish.
Kotfish has the right, in its sole discretion, to transfer or assign all or any part of its
rights under these Terms and will have the right to delegate or use third party
contractors to fulfill its duties and obligations under these Terms and in connection with
the Services and Sites. Kotfish’s notice to you via email, regular mail or notices, posts,
or links on the Services shall constitute acceptable notice to you under the Terms. A
printed version of the Terms and of any notice given in electronic form shall be
admissible in judicial or administrative proceedings based upon or relating to the Terms
to the same extent and subject to the same conditions as other business documents
and records originally generated and maintained in printed form. Section titles and
headings in the Terms are for convenience only and have no legal or contractual effect.
Any rights not expressly granted herein are reserved.
Kotfish and its third-party service providers may make improvements and/or changes in
the Services, products, Sites, mobile applications, features, programs, and prices
described at any time and for any reason in its sole discretion. The mobile application
may download and install upgrades, updates and additional features in order to
improve, enhance, and further develop the Services and Sites. Kotfish reserves the right
at any time to modify or discontinue, temporarily or permanently, the Services and/or
Sites, or any portion thereof with or without notice. You agree that Kotfish shall not be
liable to you or to any third party for any modification, suspension or discontinuance of
the Services and/or Sites.

SUPPORT AND QUESTIONS. We will respond to any questions regarding the
Services or Sites and these Terms via info@kotfish.com. We generally respond to
support requests within 10-14 days after the request is placed.