Terms of Use

Last Modified: May 20, 2026

These terms of use are entered into by and between the angler and landowner (“You” or “Your”; As applicable: “Landowner” or “Angler”) and Hooksetr LLC (“Company”, “We”, “Us” or “Our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern Your access to and use of https://www.hooksetr.com/ (the “Site”), including, without limitation (hereafter “including”), any content, functionality and services offered on or through https://www.hooksetr.com/ (collectively, the “Company’s Platform”), whether as a guest, a registered Landowner, or registered Angler.

Please read the Terms of Use carefully before You start to use Company’s Platform. By using Company’s Platform and intending to be legally bound hereby, You accept and agree to be bound and abide by these Terms of Use and Our Privacy Policy, found at https://www.hooksetr.com/privacy-policy, incorporated herein by reference. If You do not want to agree to these Terms of Use or the Privacy Policy, You must not access or use Company’s Platform or Site. 

The Site is intended for use by individuals 18 years of age or older. If You are under 18, You may not use this Site.

An “Angler” is the person who is booking a fishing experience. A “Landowner” is the person, team, business, or other organization who is listing their property for a fishing experience.

Angler Terms

1. Angler Terms Section Terminology. In this Angler terms section, “You” and its related forms, “Angler,” and “Participant” shall refer to the Angler and Angler’s guests. “Landowner” shall refer to the Landowner.

2. Booking. When You book a listing, You are agreeing to pay all charges for Your booking including the listing price, applicable fees like Company’s service fee, offline fees, taxes, and any other items identified during checkout (collectively, the “Total Price”). You are also agreeing that Company may charge the payment method used to book the listing in order to collect Damage Report (as defined in Section 17 of General Terms) amounts.

3. Reservation. When You receive the booking confirmation, a contract (the "Reservation") is formed directly between You and the Landowner. By making a Reservation, You are agreeing to the terms of the contract. The terms of the contract include these Terms of Use, all terms of the Reservation, including without limitation, the cancellation policy and any other rules, standards, policies, or requirements identified in the listing or during checkout that apply to the Reservation. It is Your responsibility to read and understand these terms of the contract including these Terms of Use and all terms of the Reservation including all rules, standards, policies, and requirements prior to booking a listing. Be aware that some Landowners work with a co-Landowner or as part of a team to provide their listing. A Reservation is a limited license to enter, occupy, and use the Landowner’s land and water. The Landowner retains the right to re-enter Landowner’s land and water during Your Reservation, to the extent: (i) it is reasonably necessary, (ii) permitted by Your contract with the Landowner, and (iii) permitted by applicable law. If You stay past Your designated end time, the Landowner has the right to make You leave in a manner permitted with applicable law, including by imposing reasonable overstay penalties. You may not exceed the maximum number of allowed guests for the Reservation.

4. Cancelations, Reservation Issues, and Refunds. In general, if You cancel a Reservation, the amount refunded to You is determined by the Landowner's cancelation policy that applies to that Reservation. But, in certain situations, other policies take precedence and determine what amount is refunded to You. If something outside Your control forces You to cancel a Reservation, You may be eligible for a partial or full refund at Company’s sole discretion. If the Landowner cancels, or You experience an issue with your Reservation, You may be eligible for rebooking assistance or a partial or full refund.

5. Booking Modifications. Anglers and Landowners are responsible for any booking modifications they agree to make via the Company’s Platform or Company’s customer service to make on their behalf (the "Booking Modifications"), and agree to pay any additional amounts, fees, or taxes associated with any Booking Modification.

6. Angler Responsibilities. You are responsible and liable for Your own acts and omissions and are also responsible for the acts and omissions of anyone You invite to join or provide access to Your Reservation, all areas and facilities where the Reservation is located, and all areas and facilities where the Reservation is located that the Landowner and Angler are legally entitled to use in connection with the Reservation (the “Common Areas”). For example, this means: (i) You are responsible for leaving a Reservation (and related personal and real property) or Common Areas in the condition it was in when You arrived, (ii) You are responsible for paying all reasonable Damage Report amounts, and (iii) You must act with integrity, treat others with respect, and comply with applicable laws at all times. If You book a Reservation on behalf of additional guests, You are required to ensure that every additional guest meets any requirements set by the Landowner, and is made aware of and agrees to these Terms of Use and any terms and conditions, rules and restrictions set by the Landowner. If You are booking for an additional guest who is a minor or if You bring a minor to a Reservation, You must be legally authorized to act on behalf of the minor and You are solely responsible for the supervision of that minor.

7. Release and Waiver of Liability. THIS IS A RELEASE AND WAIVER OF LIABILITY (THE “WAIVER”) RELATING TO ACTIVITIES INVOLVING FISHING OFFERED BY THE COMPANY AND THE LANDOWNER. PLEASE READ IT CAREFULLY. BY BOOKING A RESERVATION, IN CONSIDERATION OF BEING PERMITTED TO PARTICIPATE IN SUCH RESERVATION AND ACTIVITIES OFFERED BY THE COMPANY AND LANDOWNER, AND INTENDING TO BE LEGALLY BOUND HEREBY, YOU, THE ADULT INDIVIDUAL SIGNING BELOW, ANY MINOR CHILD NAMED BELOW FOR WHOM SUCH INDIVIDUAL HAS LEGAL RESPONSIBILITY (EACH, A “MINOR CHILD”), AND SUCH INDIVIDUAL IN THEIR CAPACITY AS PARENT OR LEGAL GUARDIAN OF EACH MINOR CHILD (THE “PARENT/GUARDIAN”) UNDERSTAND, ACKNOWLEDGE, APPRECIATE AND AGREE TO THE FOLLOWING:  

   a.) Assumption of Risk. Participant, and Parent/Guardian on behalf of each Minor Child, acknowledge and expressly agree that fishing and related outdoor recreational activities involve inherent and significant risks of property damage, personal injury, illness, permanent disability, and death. Participant, and Parent/Guardian on behalf of each Minor Child, have been given the opportunity to ask questions about these risks and have received satisfactory answers. Participant, and Parent/Guardian on behalf of each Minor Child, knowingly and voluntarily assume all such risks, whether foreseeable or unforeseeable, known or unknown, and understand that they may result in injury, illness, permanent disability, or death to Participant and/or any Minor Child, as well as damage to or loss of property. Risks include but are not limited to:

   • Equipment Use. Risks associated with the use of fishing equipment including, but not limited to, fishing rods, reels, lines, apparel, and hooks, which may cause injury or death if not used properly.

   • Wildlife Encounters. Risks associated with potential encounters with wildlife, including, but not limited to, insects, fish, game, waterfowl, and other animals, which may cause injury or death.

   • Physical Exertion. Risks associated with physical activity, including, but not limited to, walking on uneven terrain, wading in water, navigating steep or slippery banks, and traversing wooded or overgrown areas, which may cause injury or death.

   • Weather Conditions and Changes. Risks associated with sudden and unpredictable weather conditions, including, but not limited to, storms, lightning, and temperature fluctuations, which may cause injury or death. Participant, and Parent/Guardian on behalf of each Minor Child, understand that Company may cancel or reschedule at Company’s sole discretion due to weather conditions.

   • Water Conditions. Risks associated with varying water levels, currents, and underwater obstacles, which may cause injury or death. Participant, and Parent/Guardian on behalf of each Minor Child, understand that Company may cancel or reschedule at Company’s sole discretion due to water conditions.

   b.) Release of Liability. To the fullest extent permitted by Pennsylvania law, Participant, and Parent/Guardian on behalf of each Minor Child and their respective heirs, personal representatives, and assigns, hereby release, waive, and discharge Company and Landowner, their affiliates, owners, officers, employees, volunteers, agents, successors, and assigns (collectively, the “Released Parties”) from any and all claims, actions, liabilities, damages, losses, or expenses of any kind (including attorneys’ fees) for injury, illness, death, or property damage arising out of or relating to (a) participation by Participant or any Minor Child in the fishing activities or any related activities offered or sponsored by Company or Landowner, (b) the presence of Participant or any Minor Child on any property, vessel, or facilities used by Company or Landowner, and (c) any travel or transportation to, from, or between activity locations provided, arranged, or recommended by Company or Landowner, whether caused in whole or in part by the negligence of the Released Parties or otherwise; provided, however, that nothing in this Waiver shall release the Released Parties from liability for gross negligence, willful misconduct, or intentional acts.

   c.) Image Release. Participant, and Parent/Guardian on behalf of each Minor Child, understand and consent that Company and Landowner may use any image or likeness of Participant and/or any Minor Child for Company’s and Landowner’s promotional, marketing, advertising, or other business purposes in any media now known or hereafter developed, in perpetuity, without compensation. Participant, and Parent/Guardian on behalf of each Minor Child, irrevocably waive any right to compensation, approval, or review of any use of Participant’s and/or any Minor Child’s likeness or image recorded during or in connection with Participant’s and/or any Minor Child’s activities with Company and Landowner.

   d.) Indemnification. Participant, and Parent/Guardian on behalf of each Minor Child (to the fullest extent permitted by law), and their respective heirs, personal representatives, and assigns, agree to indemnify, defend, and hold harmless the Released Parties from and against any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys' fees) arising out of or related to: (a) participation in the activity by Participant or any Minor Child; (b) any breach of this Waiver by Participant or Parent/Guardian; or (c) any act or omission of Participant, Parent/Guardian, or Minor Child, in each case excluding claims to the extent caused by the gross negligence, willful misconduct, or intentional acts of any of the Released Parties. For the avoidance of doubt, the general indemnification set forth in Section 29 of General Terms applies to all users of Company’s Platform (including Anglers) with respect to their use of the Platform and breach of these Terms of Use, whereas this Section 7.d applies specifically to claims arising from physical participation in fishing activities and related outdoor recreation. 

   e.) Medical Treatment. Participant (on behalf of themselves and/or their Minor Child) consents and authorizes the Company and Landowner and their representatives to obtain emergency medical care and treatment in case of injury or illness and assumes all responsibility for the costs of such care. Participant must provide Company and Landowner with accurate emergency contact information prior to participating in the activity. Participant authorizes Company or Landowner to contact the designated emergency contact(s) in the event of an accident, injury, illness, death, or other emergency involving Participant and/or Participant’s child. Participant confirms that their emergency contact is aware of this designation and consents to being contacted should an emergency arise.

   f.) Severability. This Waiver is intended to be as broad and inclusive as permitted by the laws of the Commonwealth of Pennsylvania. If any portion of this Waiver is held invalid, the balance of the Waiver shall nonetheless continue in full legal force and effect.

   8.) Acknowledgement. Participant certifies that they have read and understand this Waiver, including all terms relating to their minor child (if applicable), have had the opportunity to ask questions, and are voluntarily agreeing to it as a condition of participation.

Landowner Terms

8. Landowner Terms Section Terminology. In this Landowner terms section, “You” and its related forms shall refer to the Landowner. “Angler” shall refer to the Angler.

9. Landowner. As a Landowner, Company offers You the right to use Company’s Platform in accordance with these Terms of Use to list your property for fishing access by registered Anglers, and to earn income doing so. You may create a listing and You are in control of the price, availability, and rules for each listing.

10. Contracting with Anglers. When You accept a booking request, or receive a booking confirmation through Company’s Platform, You are entering into a contract directly with the Angler and are responsible for delivering the Reservation under the terms and at the price specified in Your listing. You are also agreeing to pay applicable fees like Company’s service fee and applicable taxes for each booking. Company will deduct amounts You owe from Your payout unless Company agrees to a different method. Any terms or conditions that You include in any supplemental contract with Angler must: (i) be consistent with these Terms of Use and the information provided in Your listing, and (ii) be prominently disclosed in Your listing description.

11. Independence of Landowner. Your relationship with Company is that of an independent contractor and not an employee, agent, joint venturer, or partner of Company, except that Company acts as a payment collection agent. Company does not direct or control Your listing, and You understand that You have complete discretion whether and when to provide Reservations, and at what price and on what terms to offer them.

12. Creating and Managing Your Listing. Company’s Platform provides tools that make it easy for You to set up and manage a listing. Your listing must include complete and accurate information about Your property, Your price (including any additional charges), and any rules or requirements that apply to Anglers or Your listing. You are responsible for Your acts or omissions as well as keeping Your listing information (including calendar availability) and content (like photos) up-to-date and accurate at all times. You are responsible for obtaining appropriate insurance for Your property and we suggest You carefully review policy terms and conditions including coverage details and exclusions. You may only maintain one listing per fishing area, but may have multiple listings for a single property if it has multiple fishing areas.

13. Know Your Legal Obligations. You are responsible for understanding and complying with any laws, rules, regulations, and contracts with third parties that apply to Your listing or property. For example: Some properties may be subject to conservation easements, deed restrictions, or homeowners’ association rules that restrict or prohibit commercial activity or public access. Certain municipalities or townships in Pennsylvania may have zoning ordinances, land use regulations, or permitting requirements that apply to recreational access on private property. You should also verify that listing Your property does not conflict with any existing lease, license, or agreement with a third party (such as a hunting club or timber company). Check Your local rules to learn what rules apply to You. Information Company provides regarding legal requirements is for informational purposes only and You should independently confirm Your obligations. You are responsible for handling and using personal data of Anglers and others in compliance with applicable privacy laws and these Terms of Use, including Company’s Privacy Policy, located at https://www.hooksetr.com/privacy-policy. If You have questions about how local laws apply You should seek legal advice.

14. Landowner Responsibilities. You are responsible and liable for Your own acts and omissions and are also responsible for the acts and omissions of anyone You allow to participate in providing a listing. You are responsible for setting Your price and establishing rules and requirements for Your listing. You must describe any and all additional fees and charges in Your listing description. You are also responsible for ensuring that all mandatory fees and charges applicable to Your listing are included in Your price breakdown. You may not collect any fees or charges outside Company’s Platform. Do not encourage Anglers to create third-party accounts, submit reviews, provide their contact information, or take other actions outside of Company’s Platform in violation of these Terms of Use.

15. Listing as a Team or Organization. If You work with a co-Landowner as part of a team, business, or other organization, You are responsible and liable as a Landowner under these Terms of Use for the acts and omissions of each entity and individual who participates in providing Your listing, and You are responsible for informing personnel engaged by You to deliver any listing, property, or services of Your obligations under these Terms of Use. If You accept terms or enter into contracts with third parties, You represent and warrant that You are authorized to enter into contracts for and bind Your team, business or other organization, and that each entity You use is in good standing under the laws of the place where it is established. If You perform other functions, You represent and warrant that You are authorized to perform those functions. If You instruct Company to transfer a portion of Your payout to a co-Landowner or other Landowners, or send payments to someone else, You must be authorized to do so, and are responsible and liable for the payment amounts and accuracy of any payout information You provide.

16. Assumption of Risk and Landowner Indemnification. You acknowledge that listing Your property for fishing access carries inherent risks and agree that You assume the entire risk arising out of Your access to and use of Company’s Platform, offering Your listing, or any interaction You have with other Anglers or Landowners whether in person or online. You agree that You have had the opportunity to investigate Company’s Platform and any laws, rules, regulations, or obligations that may be applicable to Your listing or property and that You are not relying upon any statement of law made by Company. To the fullest extent permitted by Pennsylvania law, You agree to indemnify, defend, and hold harmless the Company, its affiliates, officers, employees, and agents from and against any and all claims, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to (a) the condition of Your property, including any undisclosed hazards, defects, or dangers; (b) any injury, illness, death, or property damage suffered by an Angler or Angler’s guest on Your property; (c) Your breach of any representation, warranty, or obligation under these Terms of Use; or (d) Your failure to comply with applicable laws, regulations, or third-party agreements relating to Your property or listing, in each case excluding claims to the extent caused by the gross negligence, willful misconduct, or intentional acts of Company.

17. Insurance Obligations. You agree to obtain and maintain at Your expense primary insurance covering Your liability and the liability of any of Your employees or agents working with You or on Your behalf for third party bodily injury and property damage arising from an Angler’s use of Your property during a Reservation. You agree to cooperate with Company to verify all insurance You are required to maintain, including promptly providing proof of such insurance upon request. If any insurance You are required to maintain under this Section 10 lapses or is cancelled, You agree to notify Company immediately.

18. Cancelations and Reservation Issues. In general, if an Angler cancels a Reservation, the amount paid to You is determined by the cancellation policy that applies to that Reservation. As a Landowner, You should not cancel on an Angler without a valid reason. If You cancel on an Angler without such a valid reason, Company may impose a cancellation fee and other consequences on You. If: (i) an Angler experiences an issue with their Reservation, (ii) a force majeure event arises under Section 33 of General Terms, or (iii) a Reservation is canceled under these Terms of Use, the amount You are paid will be reduced by the amount we refund or otherwise provide to the Angler, and by any other reasonable costs Company incurs as a result of the cancellation. If an Angler receives a refund after You have already been paid, or the amount of the refund and other costs incurred by Company exceeds Your payout, Company may recover that amount from You, including by deducting the refund against Your future payouts. You agree that these Terms of Use preempt the cancellation policy You set in situations where they allow for the cancellation of a Reservation and/or the issuance of refunds to Anglers. If Company reasonably expects to provide a refund to an Angler under one of these policies, Company may delay release of any payout for that Reservation until a refund decision is made.

19. Booking Modifications. Landowners and Anglers are responsible for any Booking Modifications they agree to make via the Company’s Platform or Company’s customer service to make on their behalf, and agree to pay any additional amounts, fees or taxes associated with a Booking Modification.

20. Taxes. As a Landowner, You are responsible for determining and fulfilling Your obligations under applicable laws to report, collect, remit, or include in Your price any applicable income taxes, state or local taxes, or other taxes arising from income received through Company’s Platform ("Taxes"). Tax regulations may require that Company collect and/or report Tax information about You, or withhold Taxes from payouts to You, or both. If You fail to provide Company with documentation that Company determines to be sufficient to support any such obligation to withhold Taxes from payouts to You, Company may withhold payouts up to the amount as required by law, until sufficient documentation is provided. You acknowledge that You are solely responsible for consulting with a qualified tax professional regarding Your tax obligations in connection with income received through Company’s Platform.

General Terms

14. General Terms Section Terminology. In this general terms section, “You” shall refer to the Landowner and Angler.

15. Reviews. After each Reservation, Guests and Landowners will have an opportunity to review each other. Your review must be accurate and may not contain any discriminatory, offensive, defamatory, or other language that violates these Terms of Use or applicable law. Reviews are not verified by Company for accuracy and may be incorrect or misleading.

16. Content. Parts of Company’s Platform enable You to provide, share, or communicate feedback, text, photos, audio, video, information, and other content (“Content”). By providing Content, in whatever form and through whatever means, You grant Company a non-exclusive, worldwide, royalty-free, perpetual, sub-licensable and transferable license to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit, in any manner such that Content to provide and/or promote Company’s Platform, in any media or platform, known or unknown to date and in particular on Internet and social networks. If Content includes personal information, such Content will only be used for these purposes if such use complies with applicable data protection laws in accordance with our Privacy Policy located at https://www.hooksetr.com/privacy-policy. Where Company (including its affiliates) pays for the creation of Content or facilitates its creation, Company (including its affiliates) may own that Content, in which case supplemental terms or disclosures will say that. You are solely responsible for all Content that You provide and warrant that You either own it or are authorized to grant Company (including its affiliates) the rights described in these Terms or Use. You are responsible and liable if any of Your Content violates or infringes the intellectual property or privacy rights of any third party. Content must not contain discriminatory, obscene, harassing, deceptive, violent, and illegal content. You agree that Company may make available services or automated tools to generate or translate Content and that You may use these services, interact with generated Content, or have Your Content translated using such services or tools. Company does not guarantee the accuracy or quality of generated Content or translations, and You are responsible for confirming the accuracy of generated Content and translations.

17. Copyright Notifications. If You believe that Content on the Company’s Platform or Site infringes Your copyrights, please notify Company via Company’s email at john@hooksetr.com.

18. Fees. Company may charge fees (and applicable taxes) to Landowners and Anglers for the right to use Company’s Platform. Any applicable fees are disclosed to Anglers before making a Reservation. Except as otherwise provided on Company’s Platform, service fees are non-refundable. Company reserves the right to change the service fees at any time, and will provide You with notice of any fee changes before they become effective. Fee changes will not affect bookings made prior to the effective date of the fee change. If You disagree with a fee change You may terminate this agreement at any time pursuant to Section 9 of General Terms.

19. Rules. You must follow and must not help or induce others to break of circumvent these Terms of Use and the following rules:
    - Act of assist others in acting in a manner that is fraudulent, false, misleading, or deceptive;
    - Violate any applicable fish and game laws, including possessing an invalid or expired Pennsylvania fishing license; 
    - Access any property listed on Company’s Platform without a valid, confirmed Reservation;
    - Attempt to contact Landowners or Anglers outside of Company’s Platform for the purpose of circumventing fees or making off-platform arrangements;
    - Use Company’s Platform for any purpose other than its intended purpose of facilitating fishing access on private land; or
    - Engage in any activity that could harm the reputation, safety, or operation of Company’s Platform or its users.  

20. Reporting Violations. If You believe that a Landowner, Angler, listing, or Content poses an imminent risk of harm to a person or property, You should immediately contact local authorities before contacting Company. In addition, if You believe that a Landowner, Angler, listing, or Content has violated our Standards, You should report Your concerns to Company. If You reported an issue to local authorities, Company may request a copy of that report. Except as required by law, Company is not obligated to take action in response to any report.

21. Term. The agreement between You and Company reflected by these Terms of Use is effective when You access the Company’s Platform or Site (for example to create an account) and remains in effect until either You or Company terminate the agreement in accordance with these Terms of Use.

22. Termination. You may terminate this agreement at any time by sending Company an email or by deleting Your account. Company may terminate this agreement and Your account for any reason by providing You 30 days’ notice via email or using any other contact information You have provided for Your account. Company may also terminate this agreement immediately and without notice and stop providing You access to the Company’s Platform or Site if You breach these Terms of Use, You violate applicable laws, or Company reasonably believes termination is necessary to protect Company, its Landowners, its Anglers, or third parties. If Your account has been inactive for more than two years, Company may terminate Your account without prior notice. Company reserves the right to change our services, including to add or remove features and functionalities or change the types of listings we accept or allow on the Company’s Platform, including but not limited to: improve or update Company’s  services, prevent abuse, or respond to legal requirements.

23. Landowner or Angler Violations. If (i) You breach these Terms of Use, (ii) You violate applicable laws, regulations, or third-party rights, or (iii) Company believes it is reasonably necessary to protect Company, its Landowners, its Anglers, or third parties; Company (or its affiliates) may, with or without prior notice:

    • Suspend or limit Your access to or use of the Company’s Platform, Site, and/or Your account;

    • suspend, remove, disable access to, or restrict visibility of listings, reviews, or other Content;

    • cancel pending or confirmed bookings; or

    • suspend or revoke any special status associated with Your account. For minor violations or where otherwise appropriate as Company (or its affiliates) determines in its sole discretion, You will be given notice of any intended measure by Company and an opportunity to resolve the issue. You may appeal actions taken by us under this Section by contacting customer service. If a Reservation is canceled under this Section, the amount paid to the Landowner will be reduced by the amount we refund or otherwise provide to the Angler, and by any other costs Company incurs as a result of the cancellation.

24. Legal Mandates. Company may take any action it determines is reasonably necessary to comply with applicable law, or the order or request of a court, law enforcement, or other administrative agency or governmental body, including the measures described in Section 30 of General Terms.

25. Effect of Termination. If You are a Landowner and terminate Your account, any confirmed booking(s) will be automatically canceled and Your Anglers will receive a full refund. If You terminate Your account as an Angler, any confirmed booking(s) will be automatically canceled and any refund will depend upon the terms of the Reservation’s cancellation policy. When this agreement has been terminated, You are not entitled to a restoration of Your account or any of Your Content. If Your access to or use of the Company’s Platform has been limited, or Your account has been suspended, or this agreement has been terminated by Company, You may not register a new account or access or use the Company’s Platform or Site through an account of another Landowner or Angler.

26. Survival. Parts of these Terms of Use that by their nature survive termination, will survive termination of this agreement.

27. Resolving Complaints and Damage Reports. If a Landowner provides valid evidence that Angler, Angler’s guest(s), or Angler’s pet(s) have directly caused:
    - physical loss or physical damage to the complaining Landowner’s, real or personal property, or real or personal property the complaining Landowner is responsible for, or has an economic interest in; or 
    - loss of booking income for bookings via Company’s Platform or other consequential damages which result directly from the damage caused under (a) above; or
    - the complaining Landowner to incur cleaning costs in excess of the Landowner’s cleaning fee (each of (a), (b), and (c) being a ("Damage Report"), the complaining Landowner can notify Company. Angler will be notified of the Damage Report and given an opportunity to respond. If Angler agrees to pay, or if the Damage Report is escalated to Company and Company determines in its sole discretion that the Damage Report is valid and Angler is responsible for the Damage Report, Company via Company’s Platform can collect the amount of the Damage Report from Angler. Angler agrees that Company may seek to recover from Angler under any insurance policies Angler maintains and that Company may also pursue against Angler any remedies it may have available under applicable law, including referral of the matter to a collections agency, and/or pursuit of available causes of action and/or claims against Angler. Angler agrees to cooperate in good faith, provide any information Company requests, execute documents, and take further reasonable action, in connection with Damage Reports, complaints, claims under insurance policies, or other claims related to Angler’s provision or use of a Reservation, Company’s Platform, or Site.

28. Company’s Role. Company offers You the right to use a Platform that enables You to publish, offer, search for, and book listings. While Company works hard to ensure You have great experiences using Company’s Platform, Company does not and cannot control the conduct of Anglers and Landowners. You acknowledge that Company (or its affiliates) has the right, but does not have any obligation, to monitor the use of the Company’s Platform and verify information provided by You. For example, Company may record, review, monitor, disable access to, remove, or edit text or in-app messages, phone recordings, or other Content to: (i) operate, secure and improve Company’s Platform (including for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure Your compliance with these Terms of Use; (iii) comply with applicable law or the order or requirement of a court, law enforcement, or other administrative agency or governmental body; (iv) address Content that Company determines is harmful or objectionable; (v) take actions set out in these Terms or Use; and (vi) maintain and enforce any quality or eligibility criteria, including by removing listings that don’t meet quality and eligibility criteria. You agree to cooperate with and assist Company (or its affiliates) in good faith, and to provide Company with such information and take such actions as may be reasonably requested by Company with respect to any investigation undertaken by Company regarding the use or abuse of the Company’s Platform or Site. Company is not acting as an agent for You except for where Company acts as a payment collection agent.

29. Accounts. You must register an account to access and use many features of Company’s Platform. Registration is only permitted for legal entities, partnerships and natural persons who are 18 years or older. You represent and warrant that You are not a person or entity barred from using Company’s Platform under the laws of the United States, Your place of residence, or any other applicable jurisdiction. You must provide accurate, current, and complete information during registration and keep Your account information up to date. You may not transfer Your account to someone else. You are responsible for maintaining the confidentiality and security of Your account credentials and may not disclose Your credentials to any third party. You are responsible and liable for activities conducted through Your account and must immediately notify Company if You suspect that Your credentials have been lost, stolen, or Your account is otherwise compromised. As permitted by applicable law, Company may, but has no obligation to (i) ask You to provide identification or other information, (ii) undertake checks designed to help verify Your identity or background, (iii) screen You against third-party databases or other sources and request reports from service providers, and (iv) obtain reports from public records of criminal convictions or sex offender registrations or their local equivalents.

30. Consent to Identity and Background Screening. To help Company to assess the safety, integrity, and trustworthiness of Company’s Platform and its Landowners and Anglers, You authorize Company to undertake checks designed to help verify Your identity or review Your background, and consent that Company may screen You against and obtain reports from service providers, third-party databases, or other sources including public records of criminal convictions or sex offender registrations or their local equivalents.

31. Disclaimer of Warranties. 

32. No Guarantee of being Virus Free. You understand that Company cannot and does not guarantee or warrant that files available for downloading from the internet or the Company Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy Your particular requirements for anti-virus protection and accuracy of data input and output and for maintaining a means external to Company’s site for any reconstruction of any lost data. COMPANY WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF COMPANY’S PLATFORM OR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT. 

33. No Warranty. YOUR USE OF COMPANY’S PLATFORM AND SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR SITE IS AT YOUR OWN RISK. COMPANY’S PLATFORM OR SITE, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF COMPANY’S PLATFORM OR SITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT COMPANY’S PLATFORM OR SITE, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT COMPANY’S PLATFORM OR SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

34. Disclaimer. THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. 

35. Limitation by Applicable Law. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

36. Limitation on Liability.

37. No Liability. IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, COMPANY’S PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON COMPANY’S PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH COMPANY’S PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. NOTWITHSTANDING THE FOREGOING, NOTHING IN THIS SECTION SHALL LIMIT COMPANY’S LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INTENTIONAL ACTS.

38. Limitation by Applicable Law. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. 

39. Indemnification. You will defend, indemnify and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to Your violation of these Terms of Use or Your use of Company’s Platform, including Your Content, any use of Company’s Platform’s Content, services, and products other than as expressly authorized in these Terms of Use or Your use of any information obtained from Company’s Platform or Site. This Section 29 applies to all users of Company’s Platform and is in addition to, and not in limitation of, any activity-specific indemnification obligations set for in Section 7.d (for Anglers) or Section 9 (for Landowners).

40. Governing Law and Jurisdiction. All matters relating to Company’s Platform, Site, and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania without giving effect to any choice or conflict of law provision or rule (whether of the Commonwealth of Pennsylvania or any other jurisdiction). Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the service shall be instituted exclusively in the federal courts of the United States or the courts of the Commonwealth of Pennsylvania, in each case located in the Federal Court for the Eastern District of Pennsylvania. You waive any and all objections to the exercise of jurisdiction over You by such courts and to venue in such courts.

41. Arbitration. At Company’s sole discretion, it may require You to submit any disputes arising from the use of these Terms of Use, Company’s Platform, or Site, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association, applying Pennsylvania law.

42. Limitation on Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR COMPANY’S PLATFORM OR SITE MUST BE COMMENCED WITHIN ONE YEAR AFTER THE CAUSE OF ACTION OCCURS, OR SUCH CAUSE OF ACTION OR CLAIM SHALL BE PERMANENTLY BARRED.

43. Force Majeure. Company shall not be liable for any delay or failure to perform resulting from abnormal or unforeseeable circumstances outside its reasonable control, the consequences of which would have been unavoidable despite all efforts to the contrary, including, but not limited to, acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, pandemics, epidemics or disease, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

44. Waiver and Severability. No waiver by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision. If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

45. Entire Agreement and Construction. The Terms of Use and Privacy Policy constitute the sole and entire agreement between You and Company with respect to Company’s Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the service. Whenever the context requires, the gender of any word used in these Terms of Use includes the masculine, feminine, or neuter, and the number of any word includes the singular or plural. All references to Sections refer to sections of these Terms of Use. The headings in these Terms of Use are for convenience only; they do not form a part of these Terms of Use and shall not affect its interpretation.  

    
    Your Comments and Concerns. Company’s Platform and Site are operated by Hooksetr LLC, 67 Center Ave, Mount Pocono, Pennsylvania 18344, Monroe County. All other feedback, comments, requests for technical support and other communications relating to the service should be directed to john@hooksetr.com.