Fortner Outdoors Group Terms of Use

1. Acceptance of Terms

Welcome to Fortner Outdoors Group (“FOG”).

These Terms of Use govern your access to and use of the Fortner Outdoors Group website, forum, member features, tournament information, marketplace areas, and other services made available through FOG.

By accessing or using FOG services, and where applicable by creating an account and actively accepting these Terms, you agree to be bound by these Terms of Use, the FOG Privacy Policy, the FOG Forum Rules, and any additional rules or policies that apply to specific FOG services.

If you do not agree to these Terms, do not create an account or use services that require acceptance of them.

2. Eligibility and Minors

You must be at least 16 years old to create or maintain a FOG Forum account.

Minors must have permission from a parent or legal guardian before creating an account and must confirm during signup that they have received that permission.

Users under 16 are not permitted to create or maintain a FOG Forum account.

Parents and legal guardians are responsible for supervising a minor's use of FOG services.

FOG may restrict or terminate an account if it reasonably believes a user does not meet these eligibility requirements.

3. User Accounts

You are responsible for maintaining the security of your account credentials and for activity conducted through your account.

You agree to provide accurate information when creating or maintaining an account and not to impersonate another person or organization.

You may not use another person's account without permission or create additional accounts to evade restrictions, suspensions, or bans.

FOG may restrict, suspend, or terminate accounts that violate these Terms, the Forum Rules, other applicable FOG policies, or that FOG reasonably determines are being used in a fraudulent, abusive, unlawful, dangerous, or disruptive manner.

4. Forum Rules and User Conduct

Use of the FOG Forum is also subject to the Fortner Outdoors Group Forum Rules.

FOG supports open discussion and freedom of expression while maintaining a privately operated community with standards for participation.

Users are responsible for their own conduct, posts, messages, listings, communications, and other activity.

FOG reserves the right to moderate its services and enforce its Forum Rules and these Terms.

5. User Content

Users retain ownership of original photos, videos, writing, posts, and other content they submit to FOG.

By submitting or uploading content to FOG, you grant Fortner Outdoors Group a non-exclusive, royalty-free license to host, store, reproduce, display, publish, distribute, resize, crop, format, adapt for technical or presentation purposes, and use that content in connection with Fortner Outdoors Group and its activities.

This permission includes reasonable use of submitted content on FOG-operated websites, forum pages, galleries, tournament coverage, promotional materials, and FOG social-media channels.

This license does not transfer ownership of your original content to FOG.

FOG will not sell ownership of a user's original content to an unrelated third party solely because the content was posted to FOG.

You represent that you own the content you submit or otherwise have the rights and permissions necessary to submit it and grant FOG the permissions described above.

You remain responsible for your content.

6. User Content Does Not Represent FOG

Posts, comments, messages, listings, fishing reports, opinions, advice, photos, statements, and other content submitted by users represent the views and actions of those users.

User-generated content does not necessarily reflect the opinions, positions, recommendations, or endorsement of Fortner Outdoors Group.

FOG does not guarantee the truthfulness, accuracy, completeness, legality, safety, or reliability of user-generated content.

7. Moderation

FOG reserves the right to review, move, edit, restrict, lock, hide, or remove content and to warn, restrict, mute, suspend, or terminate users when FOG reasonably determines that action is appropriate.

FOG is not obligated to monitor every post, message, listing, account, or interaction.

The existence of moderation tools does not create an obligation for FOG to identify or prevent every violation.

FOG does not guarantee that every report will result in removal, suspension, or any particular moderation action.

8. Buy Sell Trade and User Transactions

Marketplace and Buy / Sell / Trade areas provided by FOG are venues that allow users to communicate with one another.

Fortner Outdoors Group is not the buyer, seller, broker, payment processor, guarantor, escrow provider, or party to transactions independently arranged between users.

FOG does not guarantee or verify the identity of users, ownership of items, accuracy of listings, condition or legality of merchandise, payment, shipping, delivery, warranties, representations, or completion of a transaction.

Users are solely responsible for evaluating other users and determining whether to enter into a transaction.

Transactions between users are conducted at the users' own risk.

9. Third-Party Disputes

Fortner Outdoors Group is not a party to disputes between users or between a user and an unrelated third party.

FOG has no obligation to mediate, investigate, arbitrate, resolve, or participate in private disputes arising from user communications, marketplace transactions, Private Messages, listings, agreements, services, or other dealings between users or third parties.

To the fullest extent permitted by applicable law, users agree not to hold Fortner Outdoors Group responsible for claims, losses, damages, disagreements, or liabilities arising from their independent dealings with another user or third party.

Nothing in these Terms prevents FOG from taking moderation or account action when conduct occurring through FOG services violates these Terms or the Forum Rules.

10. Fishing, Boating and Tournament Information

FOG may provide tournament schedules, rules, results, standings, payouts, lake information, fishing reports, weather-related information, boating information, directions, and other content.

Information may change, contain errors, become outdated, or be affected by circumstances outside FOG's control.

Users are responsible for verifying important information before relying on it.

Nothing posted on FOG should replace appropriate personal judgment regarding boating safety, weather, navigation, fishing regulations, equipment, or other potentially hazardous activities.

Official tournament rules and Director decisions applicable to a specific FOG event control when they conflict with informal forum discussions or user-generated content.

11. FOG Merchandise, Payments and Third-Party Services

Certain purchases, payments, fulfillment services, or other features may be provided or processed through third-party service providers.

Those providers may have their own terms, privacy practices, refund policies, and service requirements.

FOG is not responsible for the independent acts, omissions, availability, systems, or policies of unrelated third-party service providers except to the extent required by applicable law.

FOG merchandise transactions are separate from user-to-user Buy / Sell / Trade transactions conducted through the forum.

12. No Warranties

To the fullest extent permitted by applicable law, FOG services are provided on an “as is” and “as available” basis.

FOG does not guarantee that the website, forum, accounts, posts, Private Messages, photos, tournament information, or other services will always be available, uninterrupted, secure, error-free, accurate, or permanently preserved.

FOG does not guarantee the accuracy or reliability of information submitted by users.

Users are responsible for maintaining their own copies of important information or content.

13. Limitation of Liability

To the fullest extent permitted by applicable law, Fortner Outdoors Group will not be liable for indirect, incidental, special, consequential, exemplary, or similar damages arising from or related to use of FOG services.

This includes, where permitted by law, losses arising from user conduct, user-generated content, marketplace transactions, communications between users, third-party services, service interruptions, loss of data, unauthorized activity, or reliance on information posted through FOG.

Nothing in these Terms excludes or limits liability that cannot legally be excluded or limited under applicable law.

14. Indemnification

To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Fortner Outdoors Group and its operators, administrators, moderators, representatives, and agents from claims, liabilities, damages, losses, and reasonable costs arising from or related to:

content you submit;

your violation of these Terms or the Forum Rules;

your violation of another person's rights;

fraudulent, unlawful, or abusive conduct by you; or

transactions, agreements, or dealings you independently enter into with another user or third party.

This provision applies only to the extent permitted by applicable law.

15. Copyright and Intellectual Property

You may not knowingly upload, publish, distribute, or otherwise use copyrighted material, trademarks, or other intellectual property that you do not own or have permission to use.

FOG may remove or restrict access to disputed content when appropriate.

A specific copyright-reporting/contact procedure may be provided separately by FOG.

16. Fortner Outdoors Group Intellectual Property

The Fortner Outdoors Group name, FOG name, logos, original website graphics, original designs, tournament materials, written materials, and other original FOG content are owned by or licensed to Fortner Outdoors Group unless otherwise stated.

Nothing in these Terms grants users permission to copy, reproduce, sell, commercially exploit, impersonate, or create misleading uses of FOG intellectual property without permission.

17. External Links and Services

FOG services may contain links to third-party websites, platforms, maps, payment services, social-media services, or other external resources.

Providing a link does not necessarily mean FOG endorses or controls that third party.

FOG is not responsible for the content, availability, security, accuracy, or practices of unrelated third-party websites or services.

Users access third-party services at their own discretion and subject to the third party's applicable terms and policies.

18. Private Messages

If FOG provides Private Messaging or similar communication features, those features remain subject to these Terms and the Forum Rules.

Private Messages may not be used for harassment, threats, scams, spam, illegal activity, or other prohibited conduct.

Private Messages should not be considered guaranteed confidential communications.

FOG may access, preserve, review, or disclose information when reasonably necessary to investigate reported abuse, protect users or FOG, operate or secure the service, comply with applicable law, or respond to valid legal process.

19. Changes, Suspension and Discontinuation of Services

FOG may modify, add, remove, suspend, or discontinue website or forum features at any time.

FOG does not guarantee that any particular feature, content, account function, forum section, or service will remain available indefinitely.

FOG may perform maintenance or make technical changes that temporarily or permanently affect availability.

20. Termination

FOG may restrict, suspend, or terminate access to some or all services when reasonably necessary to enforce these Terms, the Forum Rules, protect users or FOG, comply with legal requirements, address security concerns, or respond to fraudulent, abusive, dangerous, or unlawful conduct.

Termination of an account does not require FOG to preserve or restore content associated with that account except where required by applicable law.

21. Privacy

Use of FOG services is also subject to the Fortner Outdoors Group Privacy Policy.

The Privacy Policy describes how FOG collects, uses, stores, and handles information associated with the website, forum, accounts, and related services.

Where these Terms reference data handling or privacy matters, the Privacy Policy should be consulted for additional information.

22. Changes to These Terms

FOG may revise these Terms of Use as the website, forum, laws, or services change.

The current version will display an effective or updated date.

When FOG makes a material change that reasonably requires renewed user acceptance, FOG may require users to accept the updated Terms before continuing to use affected account features.

Continued use of services after applicable changes may constitute acceptance of the updated Terms to the extent permitted by law.

23. Governing Law

These Terms are governed by the laws of the State of Alabama, without regard to conflict-of-law principles, except where applicable law requires otherwise.

Nothing in these Terms waives rights or protections that cannot legally be waived.

24. Disputes Involving Other Users or Third Parties

Users are responsible for disputes arising from their own interactions, agreements, transactions, communications, and relationships with other users or unrelated third parties.

Fortner Outdoors Group is not responsible for resolving those disputes and has no obligation to participate in private legal actions between those parties.

Nothing in this section prevents FOG from complying with a valid subpoena, court order, law-enforcement request, or other legal obligation when required by applicable law.

25. Severability

If any provision of these Terms is determined to be invalid, unlawful, or unenforceable, the remaining provisions will continue in effect to the extent permitted by law.

26. Entire Agreement

These Terms of Use, together with the FOG Privacy Policy, FOG Forum Rules, and any additional terms expressly applicable to a particular FOG service, constitute the applicable agreement governing use of those services.

27. Contact

Questions or concerns regarding these Terms may be submitted to Fortner Outdoors Group through the contact methods provided on the FOG website.

Forum participants should also review the Fortner Outdoors Group Forum Rules.