Terms of Service

Welcome to Barbless.co. These Terms of Service (the "Terms") govern your access to and use of Barbless.co and any related websites, applications, accounts, maps, fishing reports, community features, memberships, provider listings, and other services we make available (collectively, the "Service").

The Service is operated by Barbless.co ("Barbless," "we," "us," or "our").

By accessing or using the Service, creating an account, purchasing a membership, or submitting content, you agree to these Terms, our Privacy Policy, Community Guidelines, Copyright and DMCA Policy, and, if applicable, our Membership, Billing & Cancellation Policy.

If you do not agree, do not use the Service.

1. Who May Use Barbless

You must be at least 13 years old to create an account or use account-based community features. If the law where you live requires a higher minimum age for us to provide the Service without parental consent, that higher age applies.

By using the Service, you represent that:

• you meet the minimum age requirement;
• you have the legal capacity to agree to these Terms;
• you are not prohibited by law from using the Service; and
• any information you provide to us is accurate and reasonably current.

If you use the Service on behalf of a business, outfitter, guide service, organization, or other entity, you represent that you have authority to bind that entity to these Terms.

2. Accounts

Some features require an account.

You agree to:

• provide accurate account information;
• maintain only accounts you are authorized to control;
• keep your login credentials secure;
• promptly update material changes to your account information; and
• promptly notify us if you believe your account has been compromised.

You are responsible for activity performed through your account unless caused by a failure of our systems or security that is not attributable to you.

You may not sell, rent, transfer, or provide access to your account in a way that misrepresents who is using the Service.

We may require reasonable verification for certain accounts, including guide, outfitter, business, moderator, or other provider accounts.

3. What Barbless Provides

Barbless is an information and community platform for anglers. Depending on the features available at a given time, the Service may include:

• fishing reports and condition reports;
• river, lake, access, regulation, flow, weather, hatch, species, and seasonal information;
• interactive maps and location-based features;
• user profiles, comments, photos, reviews, ratings, corrections, and other community contributions;
• guide, outfitter, shop, lodging, shuttle, and other provider listings;
• editorial, podcast, educational, and conservation content;
• saved waters, alerts, notifications, and personalized features; and
• free or paid memberships.

Features may change over time. We may add, modify, suspend, or discontinue features when reasonably necessary to operate, improve, secure, or evolve the Service.

4. Fishing Information Is Not a Guarantee

Fishing, boating, wading, and other outdoor activities involve real risk. Conditions can change quickly.

Information on Barbless may come from government agencies, automated data feeds, third-party sources, Barbless staff, artificial intelligence systems, guides, businesses, or other users. Even when we work to keep information accurate, it may be delayed, incomplete, incorrect, or outdated.

You are responsible for independently checking current conditions and rules before acting on information from Barbless. This includes, as applicable:

• fishing regulations and emergency closures;
• seasons, limits, methods, and licensing requirements;
• public and private land boundaries;
• legal access and trespass restrictions;
• river flows, releases, weather, wildfire conditions, and road conditions;
• boat, wade, and access suitability; and
• your own skills, equipment, health, and safety.

Barbless is not a government agency, emergency service, outfitter, guide, legal adviser, or safety authority unless we expressly state otherwise for a specific service.

5. Memberships and Paid Features

Some parts of the Service may require payment.

If you purchase a membership or other recurring service, the price, billing interval, renewal terms, and material purchase terms will be presented before you complete the transaction. Recurring memberships are also governed by our Membership, Billing & Cancellation Policy, which is incorporated into these Terms.

You authorize us and our payment processor to charge the payment method you provide for amounts you affirmatively agree to pay, including recurring charges when you enroll in an automatically renewing membership.

You are responsible for applicable taxes unless the law requires us to collect and remit them directly.

6. Your Content

The Service may let you submit, upload, publish, transmit, or otherwise provide content, including fishing reports, condition reports, comments, reviews, ratings, photographs, video, profile information, corrections, map information, provider information, and other materials ("User Content").

You keep ownership

You retain whatever ownership rights you have in your User Content.

You give Barbless permission to operate the Service

When you submit User Content, you grant Barbless a non-exclusive, worldwide, royalty-free, sublicensable, and transferable license to host, store, reproduce, display, perform, publish, distribute, transmit, format, adapt, translate, crop, resize, annotate, organize, index, analyze, and otherwise use that User Content as reasonably necessary to operate, improve, promote, and provide the Service.

This license includes permission to:

• display your contribution on maps, reports, profiles, feeds, newsletters, social posts, and other Barbless surfaces;
• change technical format, dimensions, file type, or presentation;
• organize or summarize multiple contributions into broader condition reports, trends, ratings, maps, or other derived presentations;
• use excerpts or previews to promote Barbless or the relevant content; and
• allow service providers acting for Barbless to process User Content as needed to provide the Service.

This license does not transfer ownership of your User Content to Barbless.

Where a feature allows you to delete User Content, the license for that content will generally end after deletion, except to the extent the content:

• has already been shared with others and reasonably remains in their possession;
• must be retained for legal, security, fraud-prevention, moderation, backup, or recordkeeping purposes; or
• has been incorporated into aggregated or de-identified information that no longer reasonably identifies you or your original contribution.

You are responsible for what you submit

You represent that you have the rights and permissions needed to submit your User Content and grant the license above.

Do not submit confidential information that you expect Barbless to keep secret unless we have separately agreed in writing to receive it confidentially.

7. Public Content and Location Information

Many Barbless features are designed to share fishing information with other people.

If you submit a public fishing report, review, comment, photo, location, access point, provider listing, or similar contribution, other users may be able to view, copy, discuss, save, screenshot, or share that information.

Before publishing a precise location, private access detail, photograph, or other sensitive information, consider whether you are comfortable making it public.

Do not post another person's private location, home address, contact information, private access credentials, or other sensitive personal information without authorization.

8. Reviews and Provider Listings

If you review a guide, outfitter, shop, lodging provider, shuttle, product, or other business or service:

• base the review on a real experience or a clearly disclosed basis for your opinion;
• do not create or arrange fake reviews;
• do not misrepresent your identity or relationship to the reviewed party;
• disclose material relationships, compensation, free services, employment, ownership, or other conflicts when relevant; and
• do not use reviews to threaten, extort, harass, or knowingly publish false factual claims.

Businesses and providers may not manipulate ratings or reviews through fake accounts, undisclosed insider reviews, purchased reviews conditioned on positive or negative sentiment, or intimidation intended to suppress legitimate negative reviews.

Barbless may label, limit, reject, or remove reviews that violate these Terms or our Community Guidelines. We are not required to remove a review merely because a business disagrees with it.

9. Prohibited Uses

You may not use the Service to:

• violate applicable law or another person's legal rights;
• facilitate poaching, unlawful take, trespass, evasion of closures, or other illegal activity;
• threaten, harass, stalk, intimidate, or abuse another person;
• publish private or personally identifying information in violation of our Community Guidelines;
• impersonate another person, business, government agency, guide, outfitter, or Barbless representative;
• post content you do not have the right to use;
• defraud, deceive, scam, or materially mislead others;
• distribute spam or engage in coordinated manipulation, fake engagement, or abusive automation;
• upload malware, malicious code, or content intended to compromise systems or accounts;
• probe, scan, attack, bypass, or interfere with security or access controls;
• scrape, harvest, crawl, or extract data from the Service by automated means in violation of technical restrictions or written permissions;
• reverse engineer or attempt to obtain source code except where applicable law expressly permits it;
• use the Service to train, build, or improve a competing commercial dataset, model, or service using systematic extraction of Barbless content without our written permission;
• circumvent membership, rate, geographic, account, or feature restrictions;
• misuse reporting, moderation, review, or appeals systems; or
• help someone else do any of the above.

Reasonable use of publicly available pages by conventional search engines, accessibility tools, and other automated systems that we authorize is not prohibited by this section.

10. Community Rules and Moderation

Our Community Guidelines explain the rules for User Content and community behavior.

We may review content or activity when needed to enforce our rules, respond to reports, protect users, comply with law, preserve the integrity of the Service, or investigate abuse.

When we reasonably believe content or conduct violates our rules or creates legal, safety, security, or platform-integrity risk, we may take actions including:

• reducing distribution or visibility;
• adding context, warnings, or labels;
• removing content;
• restricting specific features;
• suspending or limiting an account;
• removing provider verification or claiming privileges; or
• terminating an account.

We may act without advance notice where immediate action is reasonably necessary. When appropriate and legally permitted, we may provide notice or an opportunity to appeal.

11. Intellectual Property

Barbless and its licensors retain all rights in the Service that are not expressly granted to you, including rights in our software, design, branding, logos, databases, original editorial content, graphics, and other proprietary materials.

Subject to these Terms, we give you a limited, personal, non-exclusive, non-transferable, revocable right to access and use the Service for its intended purposes.

Nothing in these Terms gives you a right to use the Barbless name, trademarks, logos, or branding in a way that suggests sponsorship, endorsement, or affiliation without written permission.

12. Copyright Complaints and Repeat Infringers

Barbless respects intellectual property rights.

Our Copyright and DMCA Policy explains how copyright owners can submit notices and how users can submit eligible counter-notifications.

Consistent with applicable law, Barbless maintains a policy to terminate, in appropriate circumstances, accounts of users who repeatedly infringe copyrights or other intellectual property rights.

We may also restrict or remove content where we reasonably believe it infringes intellectual property rights, even if a formal DMCA notice has not yet been submitted.

13. Third-Party Services and Content

The Service may contain or rely on third-party maps, payment services, analytics, data feeds, websites, APIs, embedded content, products, or other services.

Third-party services are governed by their own terms and privacy practices. Barbless does not control third-party services and is not responsible for their availability, accuracy, content, security, or conduct except to the extent required by law.

A link, listing, map marker, integration, mention, or inclusion on Barbless does not by itself mean Barbless endorses or guarantees a third party.

14. Beta, Experimental, and Automated Features

We may release features that are beta, experimental, automated, or generated with the assistance of machine learning or artificial intelligence.

These features may make mistakes. You should independently verify material information before relying on it, particularly information involving regulations, legal access, safety, navigation, conditions, or purchasing decisions.

We may modify or discontinue experimental features at any time.

15. Feedback

If you voluntarily provide ideas, suggestions, bug reports, feature requests, or other feedback about Barbless, you give us permission to use that feedback without restriction or compensation to you.

This does not give us ownership of separate User Content that you submit through ordinary community features.

16. Suspension and Termination

You may stop using the Service at any time. If account deletion is available, you may request deletion through your account settings or by contacting chad@barbless.co.

We may suspend, restrict, or terminate your access if we reasonably determine that:

• you materially or repeatedly violate these Terms or incorporated policies;
• your activity creates legal, security, fraud, safety, or integrity risk;
• we are required to do so by law or valid legal process;
• continued service to you is no longer commercially or technically feasible; or
• an account has been inactive for an extended period and our published retention practices allow closure.

Where reasonable, we will consider the severity, frequency, context, and history of violations.

Termination does not eliminate obligations that by their nature should survive, including provisions concerning intellectual property, payment obligations already incurred, disclaimers, limitations of liability, disputes, and enforcement.

17. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE."

BARBLESS DOES NOT GUARANTEE THAT THE SERVICE WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, ERROR-FREE, OR ACCURATE, OR THAT ANY FISHING REPORT, MAP, ACCESS INFORMATION, FLOW, WEATHER INFORMATION, REGULATION SUMMARY, PROVIDER LISTING, REVIEW, OR OTHER CONTENT WILL BE COMPLETE OR CURRENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARBLESS DISCLAIMS IMPLIED WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow certain warranty disclaimers, so parts of this section may not apply to you.

18. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARBLESS AND ITS OWNERS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, AND AGENTS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST DATA, LOSS OF GOODWILL, OR BUSINESS INTERRUPTION ARISING OUT OF OR RELATING TO THE SERVICE.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, BARBLESS'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF:

1. THE AMOUNT YOU PAID BARBLESS FOR THE SERVICE DURING THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM; OR
2. US $100.

These limitations do not apply where applicable law prohibits them, including liability that cannot legally be limited or excluded.

19. Indemnification

To the extent permitted by law, if you use the Service on behalf of a business or for commercial purposes, you agree to defend, indemnify, and hold harmless Barbless and its affiliates, officers, employees, and agents from third-party claims, damages, liabilities, losses, and reasonable legal fees arising from:

• your User Content;
• your violation of these Terms;
• your violation of another person's rights; or
• your unlawful use of the Service.

This section does not require an individual consumer to indemnify Barbless to the extent such an obligation is prohibited by applicable law.

20. Changes to These Terms

We may update these Terms to reflect changes to the Service, our business, or applicable law.

If we make a material change, we will provide notice as required by law and, when appropriate, give you an opportunity to review the updated Terms before they take effect.

Your continued use of the Service after updated Terms become effective means you agree to the updated Terms, except where applicable law requires additional consent.

21. Governing Law and Disputes

These Terms are governed by the laws of California, without regard to conflict-of-law rules, except where the law of your state or country requires otherwise.

Subject to any mandatory consumer rights that apply where you live, disputes arising out of or relating to these Terms or the Service will be brought in the state or federal courts located in Butte County, California, and you consent to personal jurisdiction there.

Nothing in these Terms prevents either party from seeking relief in small claims court when eligible or from seeking emergency injunctive relief where legally appropriate.

22. General Terms

If any provision of these Terms is found unenforceable, the remaining provisions remain in effect to the fullest extent permitted by law.

Our failure to enforce a provision is not a waiver of our right to enforce it later.

You may not assign these Terms without our written consent. We may assign these Terms as part of a merger, acquisition, financing, reorganization, sale of assets, or similar transaction, or to an affiliate, subject to applicable law.

These Terms and the policies expressly incorporated into them constitute the agreement between you and Barbless regarding the Service, except for separate written agreements that expressly state they control.

23. Contact

Questions about these Terms may be sent to:

Barbless.co
Email: chad@barbless.co
Mail: 187 E. 11th St., Chico, CA 95928