This legal document is an agreement between you, ___________________ (the subscriber) and Roffer’s Ocean Fishing Forecasting Service, Inc., conducting business under the acronym of ROFFS™. By subscribing to ROFFS™ you are agreeing to become bound by the terms of this agreement, which includes the license to use “ROFFS™ Oceanographic Fishing Analyses” (also “ROFFS™ Analyses”, “Analyses”) and a disclaimer of warranty. This agreement constitutes the complete agreement between you and Roffer’s Ocean Fishing Forecasting Service, Inc. (If you do not agree to the terms of this agreement, do not sign it, and notify ROFFS™ of your decision to do so). Should you have any questions concerning this Agreement or its limitations, please contact ROFFS™ in writing.
- Grant of License. In consideration of your payment for receipt and use of the ROFFS™ Oceanographic Fishing Analyses, ROFFS™ as Licensor, grants you the Licensee, a non-exclusive right to use and retain the ROFFS™ Oceanographic Fishing Analyses for your personal use only. This License is non-transferable.
- The Charts and Names: “ROFFS™”, “Roffer’s Ocean Fishing Forecasting Service™” and “ROFFS™ Oceanographic Fishing Analyses” are copyrighted. Unauthorized copying of ROFFS™ Oceanographic Fishing Analyses is expressly forbidden. You may be held legally responsible for any copyright infringement that is caused or encouraged by your failure to abide by the terms of this contract.
- Copy Restrictions. You may make one copy of each chart for archive purposes. Other than this one copy, you may not duplicate, transfer (verbally, electronically, photographically, etc.) or otherwise copy ROFFS™ Oceanographic Fishing Analyses for the purpose of sharing the information. You may not share, sell, rent, lease or re-sell the Analyses, or use them to create other products based on them. Unless written permission is given, you may not post or otherwise advertise the information contained on the ROFFS™ Oceanographic Fishing Analyses, either in public, in private or on radio transmissions. (Contracts for additional copying/advertising/promotional rights are available in a separate written contract).
- Termination. Upon return with signature to ROFFS™, this agreement is effective until December 31, 2017 unless terminated in writing by either party. Your subscription will be terminated automatically, without a written warning notice from ROFFS™, if you fail to comply with any provision of this agreement. If ROFFS™ decides to terminate your subscription due to lack of compliance, ROFFS™ will determine if any rebate is due or if legal action will be taken against you.
- Ordering time. Orders for new areas (those areas not already ordered by someone else) should be made by 3:00 P.M. (Eastern time) Monday – Friday, Saturday by noon when open. Verbal updates are available between 10:30 A.M. and 11:59 A.M. (Eastern Time).
Disclaimer of Warranty or Liability:
The ROFFS™ Fishing Oceanographic Analyses are provided as a subscriber service. If you are not satisfied with our service or products, then ROFFS™ will return a pro-rated balance of all moneys paid, minus a small administrative fee. Any risk or liability which stem from the use is assumed by you. ROFFS™ Oceanographic Fishing Analyses are derived from expert interpretations of satellite, ship, buoy and other data on ocean circulation, fish behavior, and catch reports. ROFFS™ and its employees incur no liability from its production. ROFFS™ does not predict the weather or climate, nor make any statements on the safety of the ocean or damage to your ocean going vessel which may arise from the capture of fish or other marine life. ROFFS™ Oceanographic Fishing Analyses should not be used for navigation purposes. Knowledge of the Laws of the Sea and local, state, federal, international or other conservation laws are the responsibility of the subscriber and not ROFFS™.
This contract entitles you to _______ updates at a rate of _________ per analysis which totals__________ for this seasonal discount plan and assumes that ROFFS™ will initiate email or facsimile transmission for standard (not satellite) telephone communications. Satellite fax data transmissions will cost extra and you agree to accept these charges when requesting that the analyses be sent via fax through satellite communications. If ROFFS™ cannot update your analysis (cloud cover, moisture, satellite or computer failure), then your account will be credited. If you elect to receive analyses on a pre-planned schedule, your analysis will be updated as data are available (next day if possible) and transmitted. You will receive a ROFFS™ message effectively stating that due to clouds, etc., your analysis will not be updated today. Under the discounted seasonal plans, all analyses must be ordered between March 01, 2017 and the end of the 2017 discount season (November 30, 2017). Analyses ordered during the period of December 01, 2017 and February 28, 2018 will be charged at the non-discounted, full price rate, unless you have a “winter sailfish plan.”
Credit will be given, if ROFFS™ cannot provide a reliable analysis due to atmospheric conditions (e.g. clouds, high atmospheric moisture, haze, fog) or cannot provide analyses due to satellite failure or other unforeseen factors.
If you are not satisfied with a ROFFS™ Oceanographic Fishing Analysis due to lack of accuracy, then ROFFS™ will refund the account balance or provide another Analysis without charge. You must notify ROFFS™ within 48 hours of receiving an unsatisfactory analysis. Remember ROFFS™ does not make the ocean circulation conditions. We provide fishing advice based on our interpretation of ocean data and experience.
If you request the ROFFS™ Analysis to be sent to a marina, hotel, or somewhere other than your primary private office/home location, it will be your responsibility to pickup the analysis. ROFFS™ cannot guarantee delivery to your boat/room/person. You agree to accept charges for the analysis when there is electronic verification that the file has been received by your selected agent (e.g. hotel, marina). If you order a color ROFFS™ Analysis you will be charged when we transmit the file via email. All files are verified as complete and readable when sent. ROFFS™ is not responsible for errors produced by your email server, network, the Internet, your computer failure, your inability to open, display, or print the files. We will re-transmit the data twice, at no extra charge if you encounter problems. You must report these problems verbally to ROFFS™ before we close the office the day that the analysis is re-transmitted.
I agree to the above terms: (please return signed copy)
Name (signed) ____________________ on ____________Date Boat Name ___________________
Telephone contact numbers ____________________________________________________________
Email address _______________________________________________________________________
(if requested Dr. Roffer will sign this after you sign and will return a copy)
Printed Mitchell A. Roffer (Ph.D.), President
End of Contract (original Doc Date Dec. 18, 1989, last revision Jan 6, 2017).