User Agreement
This User Agreement is effective as of December 14, 2009. Your continued use of the Site after such time will
signify your acceptance of this User Agreement.
Welcome to FishingHole411.com,including our corporate subsidiaries
(collectively “FH411”, “we”, or “us”). This page explains the terms by which you may use our web site, web
widgets, feeds, mobile device software applications, applications for third-party web sites and services, and
any other mobile or web services or applications owned, controlled, or offered by FH411 (collectively the
“Site”). By accessing or using the Site you signify that you have read, understood, and agree to be bound
by the following User Agreement (“User Agreement” or this “Agreement”), which includes and hereby
incorporates by reference the agreements and policies referenced in this User Agreement or linked from the
following URL: http://fishinghole411.com/terms-a-conditions.html (collectively the “Terms of Service”). Certain capitalized terms used in this User Agreement are defined here or below. We reserve the right to revise this User
Agreement and the Terms of Service and all linked information from time to time in our sole discretion by
updating this posting or any linked information. We may make such revisions without prior notice to you, so
please check back often for updates. Unless otherwise provided in such revision, the revised User
Agreement or Terms of Service, or part thereof, will take effect when they are posted.
FH411 makes the Site available as an online venue where Fishermans for professional services (“Fishermen”) and
Guide/Affiliate/Affiliates of professional services (“Guide/Affiliates/Affiliates”) identify each other and work together online to complete,
invoice, and pay for jobs (“Guide/Affiliate Trips, etc”). The Site contains features that enable Fishermans and Guide/Affiliate/Affiliates to do,
among other things, the following:
Fishermen: hire, manage engagements, rate and pay Guide/Affiliate/Affiliates.
Guide/Affiliates/Affiliates: Create profiles, advertise Guide/Affiliate trips or services, get hired, manage engagements, invoice, get rated and receive payment from Fishermen.

RELATIONSHIP BETWEEN Fishermen AND Guide/Affiliates/Affiliates
Member Contract
The dealing, contracting and fulfillment of a service are between a Fisherman and a Guide/Affiliate/Affiliate. Upon Fisherman’s choice
and Guide/Affiliate/Affiliate’s fulfillment, Fisherman agrees to purchase, and Guide/Affiliate agrees to deliver,
the Guide/Affiliate/Affiliate Services in accordance with the following agreements (collectively, the “Member Contract”): (1)
the Terms of Service; (2) the Guide/Affiliate service terms as awarded and accepted on the Site, to the extent not inconsistent with the Mandatory Terms (defined below); (3) any other contractual provisions accepted by both Fisherman and Guide/Affiliate and uploaded to the Site, to the extent not inconsistent with the Mandatory Terms (defined below); and (4) the Services Agreement. The provisions of the Services Agreement may be modified by Job terms awarded and accepted on the Site or other contractual provisions accepted by both Fisherman and Guide/Affiliate and uploaded to the Site. However, the other provisions of the Terms of Service besides the Services Agreement (the “Mandatory Terms”) may not be modified.
Conflicts in the Member Contract shall be resolved in the following order of precedence: (1) the Mandatory
Terms; (2) the Guide/Affiliate trip terms, as awarded and accepted on the Site, to the extent not inconsistent with the
Mandatory Terms; (3) any other contractual provisions accepted by both Fisherman and Guide/Affiliate and uploaded
to the Site, to the extent not inconsistent with the Mandatory Terms; and (4) the Services Agreement.
Notwithstanding anything to the contrary, Fisherman and Guide/Affiliate both agree not to enter into any contractual
provisions or Job terms in conflict with the Mandatory Terms. Any part of the Member Contract that conflicts
with or modifies the Mandatory Terms shall be null and void while the other parts of the Member Contract
shall remain valid and binding.
Fisherman is responsible for managing, inspecting, accepting and paying for Guide/Affiliate Services in
accordance with the Member Contract in a timely manner. Guide/Affiliate is responsible for the performance and
quality of the Guide/Affiliate Services in accordance with the Member Contract in a timely manner and
professional manner, consistent with industry practice, at a location, place and time that Guide/Affiliate deems
appropriate. The manner and means that Guide/Affiliate chooses to perform the Job are in Guide/Affiliate’s sole
discretion and control. In performing the Service, Guide/Affiliate agrees to provide its own equipment, tools, and other
materials at its own expense. Fisherman and Guide/Affiliate each covenants and agrees to act with good faith and fair
dealing in performance of the Member Contract.

Independent Contractors
Fisherman and Guide/Affiliate each acknowledges and agrees that their relationship is that of independent contractors.
The Guide/Affiliate shall perform the Guide/Affiliate Services as an independent contractor and nothing in this
Agreement shall be deemed to create a partnership, joint venture, agency, or employer-employee
relationship between Guide/Affiliate and Fisherman or between FH411 and any Guide/Affiliate or Fisherman.

Taxes, Reporting and FH411 1099 Service
Guide/Affiliate/Affiliate Form W-9 Requirements. As a Guide/Affiliate, if you enter and maintain timely, complete and accurate
Account registration information on the Site, FH411 will automatically fulfill your Form W-9 requirements, if
any, to Fisherman who pay you through the Site.

Except for reporting requirements fulfilled in accordance with the above, each Member is solely responsible
for satisfying any income tax, VAT, payroll tax, payroll withholding, sales and use tax, governmental
reporting and other legal requirements under applicable law, and all other requirements applicable to the
purchase and sale of services from and by independent contractors.

RELATIONSHIP WITH FH411
FH411 Not a Party to Services
FH411 is not a party to the dealing, contracting and fulfillment of a Service between a Fisherman and a Guide/Affiliate/Affiliate,including the Guide/Affiliate Services. FH411 has no control over and does not guarantee the quality, safety or legality of Guide/Affiliate Services advertised, the truth or accuracy of Job listings, the qualifications, background,
or abilities of Members, the ability of Guide/Affiliates to deliver Guide/Affiliate Services, the ability of Fishermen to pay for
Guide/Affiliate Services, or that a Fisherman or Guide/Affiliate/Affiliate can or will actually complete a transaction.
FH411 is not required to and does not verify any information given to us by Guide/Affiliates, nor does FH411
perform background checks on Guide/Affiliates. However, FH411 may provide information about a Guide/Affiliate, such
as a risk score or geographical location, or third party valuations based on data given to us by the Guide/Affiliate
or a third party. Such information is provided for the solely for the convenience of Fishermen and is not an
endorsement or recommendation by FH411.

All rights and obligations for the purchase and sale of Guide/Affiliate Services are solely between Fisherman and
Guide/Affiliate/Affiliate. Fisherman and Guide/Affiliate must look solely to the other for enforcement and performance of all the rights
and obligations arising from Member Contracts and any other terms, conditions, representations, or
warranties associated with such dealings.Third-Party Beneficiary of Member Contract
Fisherman and Guide/Affiliate each acknowledges and agrees that the value, reputation, and goodwill of the Site
depend on their performance of their covenants and agreements as set forth in their Member Contract.
Fisherman and Guide/Affiliate therefore appoint FH411 a third-party beneficiary of their Member Contract for purposes
of enforcing the obligations owed to, and the benefits conferred on, FH411 by this Agreement. Fisherman and
Guide/Affiliate further agree that FH411 has the right to take such actions with respect to the Member Contract or
their Accounts, including without limitation suspension, termination, or legal actions, as FH411 in its sole
discretion deems necessary to protect the value, reputation, and goodwill of the Site.

No Agency
This Agreement and any registration for or subsequent use of this Site will not be construed as creating or
implying any relationship of agency, franchise, partnership or joint venture between you and FH411, except
and solely to the extent expressly stated.

FH411 FEES
Service Fee and Payment Processing Fee. When a Fisherman pays a Guide/Affiliate/Affiliate or releases escrow funds to same through the Site, FH411 deducts the following amounts: (1) the “Service Fee” that FH411 earns for
creating, hosting, maintaining, and providing the Site, and for all services delivered by FH411 that are
accessible through the Site, and (2) the “Payment Processing Fee” to cover expenses and fees FH411
incurs to banks, credit card companies, PayPal, and payment processors. After deducting such amounts,
FH411 transfers the remaining payment amount to the Guide/Affiliate/Affiliate. The total amount of the Service Fee plus
the Payment Processing Fee deducted by FH411 varies according to the Guide/Affiliate’s volume of Guide/Affiliate
Services, as detailed on the Site. If you are a Guide/Affiliate and believe a Service Fee might be in error, please
contact us.

Other Fees. FH411 may choose to offer additional features, such as Featured Posts or verification features,
for additional fees.

PERIOD OF EXCLUSIVITY
Fishermen: By visiting or using the Site you agree to use FH411 to make all payments to Guide/Affiliates you identify
through the Site, so that FH411 can collect its Service Fee. You acknowledge and agree that FH411 earns
its Service Fee on all payments you make to a Guide/Affiliate in the first 48 months after you identify the Guide/Affiliate
through the Site, regardless of whether you make the payments through FH411 or not. You agree not to
take any action directly or indirectly to circumvent these fees. After 48 months, our Service Fee applies only
if the payment is made through the Payment Service.  As a Fisherman, you also agree to notify FH411 immediately if your Guide/Affiliate solicits payment from you outside the Site.
Guide/Affiliate/Affiliate: By visiting or using the Site, or by communicating with Fishermen identified through the Site, you
agree to use FH411 to receive all payments from Fishermen you identify on the Site, so that FH411 can collect
its Service Fee. You acknowledge and agree that FH411 earns its Service Fee on all payments you receive
from a Fisherman in the first 48 months after you identify the Fisherman through the Site, regardless of whether you
receive the payments through FH411 or not. You agree not to take any action directly or indirectly to
circumvent these fees. After 48 months, our Service Fee applies only if the payment is made through the
Payment Service.
As a Guide/Affiliate/Affiliate, you also agree to notify FH411 immediately if your Fisherman seeks to pay you outside the Site.
Opt-Out: Notwithstanding the foregoing, if the Fisherman pays the Opt-Out fee and FH411 notifies both Fisherman
and Guide/Affiliate that the Opt-Out option has been exercised for that Guide/Affiliate, then the Fisherman has the right to
pay that Guide/Affiliate/Affiliate outside the Site.

MEMBER ELIGIBILITY AND OBLIGATIONS
To access Site Services through our Site, you must be a legal entity, or an individual in business 18 years or
older who can form legally binding contracts. To register for an Account with FH411 and become a Member,
you must accept all of the terms and conditions in, and linked to, this Agreement. By becoming a Member,
you agree to: (a) abide by this Agreement and the processes, procedures, and Guide/Affiliatelines described
throughout the Site; (b) be financially responsible for your use of the Site and the purchase or delivery of
Guide/Affiliate Services; and (c) perform your obligations as specified by any Member Contract that you accept,
unless such obligations are prohibited by law or by this Agreement. FH411 reserves the right in its sole
discretion to refuse, suspend, or terminate service to anyone for any reason or no reason.

ACCOUNTS
To become a Member and access Site Services through our Site you must register for an "Account.” You
agree to provide true, accurate and complete information as prompted by the registration form and all forms
you access on the Site, and to update this information to maintain its truthfulness, accuracy and
completeness. You cannot register for more than one Fisherman Account or one Guide/Affiliate Account without
express written permission from FH411.

Your FH411 Account (including feedback) and username are not transferable, and any transfer or attempted
transfer to another party is null and void.

USERNAMES AND PASSWORDS
When a Member registers an Account, the Member will be asked to choose a username and password for
the Account. As a Member, you agree and you are entirely responsible to safeguard and maintain the confidentiality of the username and password you use to access this Site. You authorize FH411 to assume that any
person using the Site with your username and password either is you or is authorized to
act for you. You agree to notify us immediately if you suspect or become aware of any unauthorized use of
the Account.

THIRD-PARTY CONTENT
Directory of Guide/Affiliates
The Site contains a directory of Guide/Affiliates/Affiliates. The directory is populated with information from third-party
sources, from Guide/Affiliates/Affiliates themselves, and from other Members. FH411 provides this directory as a convenience and does not confirm or verify the information contained in it.

Verification and Monitoring
FH411 makes available to Members on the Site various services provided by third parties to verify a
Member’s credentials, provide testing services, or provide information. Any opinions, advice, statements,
services, offers or other information or content expressed or made available by these third parties or any
other Members are those of the respective author(s) or distributor(s) and not of FH411. FH411 neither
endorses nor is responsible for the accuracy or reliability of any opinion, advice, information or statement
made on the Site by anyone other than authorized FH411 employees acting in their official capacities.

Links
This Site may contain links to other Web sites or resources and access and use of certain services offered
by third parties, including online communication services such as chat, email and calls and your access and
use of those Web sites, resources or services, including the online communication services, will be
governed by the terms and policies of the Web site or resource or Guide/Affiliate. In particular, your use of chat
services is governed by the Userplane Terms of Service. These services are owned and operated by the
third-party Guide/Affiliate/Affiliates and their licensors. You acknowledge and agree that FH411 is not responsible or
liable for: (i) the availability or accuracy of such sites or resources; or (ii) the content, advertising, or products on or available from such Sites or resources. The inclusion of any link on the Site does not imply that we
endorse the linked site. You use the links and these services at your own risk.

LICENSES AND SITE ACCESS
Access and Interference
Visitors and Users must access Secure Areas through browsers employing an encryption level of at least
one hundred twenty eight (128) bits. You understand and agree to immediately stop using or accessing
Secure Areas if your browser does not support such a level of encryption. If your browser does not allow
such encryption then you may be blocked from using the Site.  The Site contains robot exclusion headers. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission.  Additionally, you agree that you will not: (a) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; (b) copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (other than content you have submitted to the Site) from the Site, any software code that is part of the Site, or any services that are
offered on the Site without the prior express written permission of FH411 and the appropriate third party, as
applicable; (c) interfere or attempt to interfere with the proper operation of the Site or any activities
conducted on the Site; (d) bypass any measures we may use to prevent or restrict access to the Site or any
subparts of the Site including without limitation features that prevent or restrict use or copying of any content
or enforce limitations on use of the Site or the content therein; (e) transmit spam, chain letters, or other
unsolicited communications; (f) attempt to interfere with, compromise the system integrity or security or
decipher any transmissions to or from the servers running the Site; (g) upload invalid data, viruses, worms,
or other software agents through or to the Site; (h) collect or harvest any personally identifiable information,
including account names, from the Site; or (i) access any content on the Service through any technology or
means other than those provided or authorized by the Service. Accessing the audiovisual content available on the Site for any purpose or in any manner other than Streaming (as defined below) is expressly prohibited. “Streaming” means a contemporaneous digital transmission of an audiovisual work via the Internet from the Site to a User’s device in such a manner that the data is intended for real-time viewing and not intended to be copied, stored, permanently downloaded, or redistributed by the User.

User Content
Some areas of the Site may allow Users to post feedback, comments, questions, and other information
(“User Content”). You are solely responsible for your User Content that you upload, publish, display, link to
or otherwise make available (hereinafter, “post”) through the Site, and you agree that we are only acting as
a passive conduit for your online distribution and publication of your User Content. You understand that
whether or not such User Content is published, FH411 does not guarantee any confidentiality with respect to
any User Content.You agree not to post User Content that: (i) may create a risk of harm, loss, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, or to any animal; (ii) may create a risk of any other loss or damage to any person or property; (iii) seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details
or otherwise; (iv) may constitute or contribute to a crime or tort; (v) contains any information or content that
we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, invasive of
personal privacy or publicity rights, harassing, humiliating to other people (publicly or otherwise), libelous,
threatening, profane, or otherwise objectionable; (vi) contains any information or content that is illegal
(including, without limitation, the disclosure of insider information under securities law or of another party’s
trade secrets); (vii) contains any information or content that you do not have a right to make available under
any law or under contractual or fiduciary relationships; or (viii) contains any information or content that you
know is not correct and current. You agree that any User Content that you post does not and will not violate
third-party rights of any kind, including without limitation any Intellectual Property Rights, rights of publicity
and privacy. To the extent that your User Content contains music or video, you hereby represent that you
are the owner of all the copyright rights, including without limitation the performance, mechanical, and sound
recordings rights, with respect to each and every musical composition (including lyrics) and sound recording
contained in such User Content and have the power to grant the license granted below. FH411 reserves the
right, but is not obligated, to reject and/or remove any User Content that FH411 believes, in its sole
discretion, violates these provisions. You understand that publishing your User Content on the Service is
not a substitute for registering it with the U.S. Copyright Office, the Writer’s Guild of America, or any other
rights organization. FH411 takes no responsibility and assumes no liability for any User Content that you or any other User or third party posts or sends over the Service. You understand and agree that any loss or damage of any kind that occurs as a result of the use of any User Content that you send, upload, download, stream, post,
transmit, display, or otherwise make available or access through your use of the Service, is solely your
responsibility. FH411 is not responsible for any public display or misuse of your User Content. You
understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive,
indecent, objectionable, or inappropriate for children, and you agree that FH411 shall not be liable for any
damages you allege to incur as a result of such User Content. Furthermore, FH411 has no editorial control over User Content posted by Users on the Site and is not responsible for and does not monitor such content for accuracy or reliability. FH411 does not confirm or verify whether a Guide/Affiliate has the expertise, or is qualified or licensed to provide the Guide/Affiliate Services or advice being requested.

User License to FH411
You retain all your ownership rights in your User Content. By posting any User Content on the Site, you
expressly grant, and you represent and warrant that you have a right to grant, to FH411 a royalty-free,
sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce,
modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and
make derivative works of all such User Content and your name, voice, and/or likeness as contained in your
User Content, in whole or in part, and in any form, media or technology, whether now known or hereafter
developed, for use in connection with the Site and FH411's (and its successors’ and affiliates’) business,
including without limitation for promoting and redistributing part or all of the Site (and derivative works
thereof) in any media formats and through any media channels. You also hereby grant each User of the
Site a non-exclusive license to access your User Content through the Site, and to use, reproduce, distribute,
display and perform such User Content as permitted through the functionality of the Site and under this
Agreement.
The above licenses granted by you in your User Content terminate within a commercially reasonable time
after you remove or delete your User Content from the Site. You understand and agree, however, that
FH411 may retain, but not display, distribute, or perform, server copies of User Content that have been
removed or deleted. The above licenses granted by you in User Content for which the Site does not provide
you a means to delete or remove are perpetual and irrevocable.
You may choose to or we may invite you to submit comments or ideas about the Site, including without
limitation about how to improve the Site or our products (“Ideas”). By submitting any Idea, you agree that
your disclosure is gratuitous, unsolicited and without restriction and will not place FH411 under any fiduciary
or other obligation, and that we are free to use the Idea without any additional compensation to you, and/or
to disclose the Idea on a non-confidential basis or otherwise to anyone. You further acknowledge that, by
acceptance of your submission, FH411 does not waive any rights to use similar or related ideas previously known to FH411, or developed by its employees, or obtained from sources other than you.

Additional User Representations and Warranties
You shall be solely responsible for your own User Content and the consequences of posting or publishing it.
In connection with your User Content, you affirm, represent and warrant, in addition to the other
representations and warranties in this Agreement, the following:
a. You are at least 18 years of age or a legal entity and are fully able and competent to enter into the
terms, conditions, obligations, affirmations, representations, and warranties set forth in this
Agreement, and to abide by and comply with this Agreement.
b. You have the written consent of each and every identifiable natural person in the User Content to
use such person’s name or likeness in the manner contemplated by the Site and this Agreement,
and each such person has released you from any liability that may arise in relation to such use.
c. Your User Content and FH411's use thereof as contemplated by this Agreement and the Site will
not infringe any rights of any third party, including but not limited to any Intellectual Property Rights,
privacy rights and rights of publicity.
d. FH411 may exercise the rights to your User Content granted under this Agreement without liability
for payment of any guild fees, residuals, payments, fees, or royalties payable under any collective
bargaining agreement or otherwise.

FH411 License to User
Subject to and conditioned on compliance with this Agreement, FH411 grants you a limited license to
access and, if you are a Member, to use this Site internally for the purpose of ordering and receiving the Site
Services available and authorized from this Site. You must not sell, reproduce, distribute, modify, display,
publicly perform, prepare derivative works based on, repost or otherwise use any content of this Site in any
way for any public or commercial purpose without prior written consent of FH411 or the rights holder. You
must not use any content of this Site on any other Web site or in a networked computer environment for any
purpose except your own internal viewing. You will not attempt to reverse engineer or attempt to interfere
with the operation of any part of this Site unless expressly permitted by law. This Site or any portion of this
Site may not be reproduced, duplicated, copied, sold, resold or otherwise exploited for any commercial
purpose that is not expressly permitted by FH411.
FH411 and its licensors retain all of its right, title and interest in and to all patent rights, inventions,
copyrights, know-how, and trade secrets relating to the Site. The FH411 logo and name are trademarks of
FH411, and may be registered in certain jurisdictions. All other product names, company names, marks,
logos and symbols on the Site may be the trademarks of their respective owners.
Except as expressly stated above, nothing in this Agreement confers any license under any of FH411's or
any third party's Intellectual Property Rights, whether by estoppel, implication or otherwise.
RESOLUTION OF DISPUTES BETWEEN MEMBER AND FH411
If a dispute arises between you and FH411, our goal is to resolve such dispute quickly and cost-effectively.
Accordingly, you and FH411 agree that we will resolve any claim or controversy at law or equity that arises
between us out of this Agreement or the FH411 Services (a “Claim”) in accordance with this section entitled
“Resolution of Disputes Between Member and FH411.” Before resorting to these alternatives, you agree to
first contact FH411 directly to seek dispute assistance here.
Law and Forum for Disputes
This Agreement is governed in all respects by the laws of the State of Utah without giving effect to any
principle that may provide for the application of the law of another jurisdiction. You agree that any claim or
dispute you may have against FH411 must be resolved by a court located in Wasatch County, Utah,
or as described in the Arbitration Option paragraph below. You hereby submit to the exclusive personal
jurisdiction of the courts located within Wasatch County, Utah for the purpose of litigating all such
claims or disputes. Any cause of action you may have with respect to this Site must be commenced within
30 days after it arises, or the cause of action is barred. Arbitration Option
For any claim arising between you and FH411 (excluding claims for injunctive or other equitable relief)
where the total amount of the award sought is less than $10,000, the party requesting relief may elect to
resolve the dispute in a cost-effective manner through binding non-appearance-based arbitration. A party
electing arbitration must initiate such arbitration through an established alternative dispute resolution (“ADR”)
Guide/Affiliate/Affiliate mutually agreed upon by the parties. The ADR Guide/Affiliate/Affiliate and the parties must comply with the following rules: (a) the ADR Guide/Affiliate/Affiliate will specify whether the arbitration will be conducted by telephone, online, or solely based on written submissions; (b) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties; and (c) if an arbitrator renders an award the party receiving the award has the right to enter any judgment on the award in any court of competent jurisdiction.
Improperly Filed Claims
Should you file a claim contrary to this section entitled “Resolution of Disputes Between Member and
FH411,” FH411 will be entitled to recover attorneys’ fees and costs up to $2,000, provided that FH411 has
notified you in accordance with this Agreement of the improperly filed claim, and you have failed to promptly
withdraw the claim.

TERM; TERMINATION AND SUSPENSION
This Agreement shall become effective as your contractual agreement upon your acceptance or your use of
the Site, and shall continue until your Account is terminated by FH411 or you as provided for under the
terms of this Section.
Unless otherwise agreed to in writing between the parties, either party may terminate the contractual
agreement represented by this Agreement at any time upon notice to the other party. In such event, your
Account is automatically terminated and (i) FH411 shall continue to perform those FH411 Services
necessary to complete any open transaction between you and another Member; and (ii) you shall continue
to be obligated to pay any amounts accrued but unpaid as of the date of termination to FH411 for any Site
Services and to any Guide/Affiliate/Affiliates for any Guide/Affiliate/Affiliate Services.
Any termination of an Account will automatically lead to the termination of all related Team Accounts, and
any termination of a Team Account gives FH411 the right to terminate any or all related Accounts and Team
Accounts.
Without limiting FH411's other remedies, we may issue a warning, or temporarily suspend, indefinitely
suspend or terminate your Account or a Job, and refuse to provide any or all Site Services to you if: (a) you
breach the letter or spirit of any terms and conditions of this Agreement or the linked policies and information
incorporated herein by reference, including our written policies and procedures posted on the Site or linked
here; (b) we suspect or become aware that you have provided false or misleading information to us; or (c)
we believe in our sole discretion that your actions may cause legal liability for you, our Members or for
FH411 or are contrary to the interests of the Site or the FH411 user community. Once indefinitely
suspended or terminated, you must not continue to use the Site under the same Account, a different
Account, or reregister under a new Account.
In addition, violations of this Agreement may be prosecuted to the fullest extent of the law and may result in
additional penalties and sanctions.
Without limiting FH411's other remedies, to the extent you engage in actions or activities which circumvent
the FH411 Site or otherwise reduce fees owed FH411 under this Agreement, you must pay FH411 for all
fees owed to FH411 and reimburse FH411 for all losses and costs (including any and all FH411 employee
time) and reasonable expenses (including attorney fees) related to investigating such breach and collecting
such fees.
FH411 reserves the right to terminate any User access, Account, or Job for any reason or no reason, at its
sole discretion and to refuse to provide registration and membership to you in the future. We will notify you
if we cancel your membership, unless in our judgment giving notice would cause a risk of further violation or
damages. However, we will notify you that your Account will be canceled if the law requires such notification.
When your Account is terminated for any reason, you may no longer have access to data, messages, files
and other material you keep on the Site. The material may be deleted along with all your previous posts and
proposals. The sections entitled “RELATIONSHIP BETWEEN FishermanS AND Guide/Affiliate/AffiliateS,” “RELATIONSHIP WITH FH411,” “FH411 FEES,” “PERIOD OF EXCLUSIVITY,” “THIRD-PARTY
CONTENT,” “LICENSES AND SITE ACCESS,” “RESOLUTION OF DISPUTES BETWEEN MEMBER AND FH411,”
“TERM; TERMINATION AND SUSPENSION,” “DISCLAIMERS, LIMITATIONS AND EXCLUSIONS,” “NOTICES AND COMMUNICATIONS,” “MISCELLANEOUS,” “CERTAIN DEFINED TERMS,” and the Site Policies entitled “Billing and Payment Service Policy,” “General Escrow Instructions,” and “Dispute Resolution Process,” will all survive termination of the contractual agreement between us.
Notification of FH411 Members
You acknowledge and agree that the value, reputation and goodwill of the Site depend on transparency of
Member Account status to all Members, including both yourself and other Members who are participating in
Jobs with you. You therefore agree as follows: IF FH411 SUSPENDS OR TERMINATES YOUR
ACCOUNT OR JOB, FH411 HAS THE RIGHT BUT NOT THE OBLIGATION TO (1) NOTIFY OTHER
MEMBERS ENGAGED IN ACTIVE JOBS WITH YOU TO INFORM THEM OF YOUR SUSPENDED OR
TERMINATED ACCOUNT OR JOB STATUS, AND (2) PROVIDE THEM WITH SUMMARY REASONS FOR
THE ACTION.
DISCLOSURES
FH411, located in Wasatch County, Utah, is the affiliate of the electronic commercial service on this Site.
Members are notified, via this Site, in advance regarding any applicable service charges. The Complaint
Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in Utah
may be contacted in writing.  Please feel free to contact FH411 to resolve a complaint regarding any aspect of service relating to this Site by emailing customer support @ This e-mail address is being protected from spambots. You need JavaScript enabled to view it

DISCLAIMERS, LIMITATIONS AND EXCLUSIONS
Data
You are responsible for creation, storage, and backup of your business records. This Agreement and any
registration for or subsequent use of the Site will not be construed as creating any responsibility on FH411's
part to store, backup, retain, or grant access to any information or data for any period.
We have implemented commercially reasonable technical and organizational measures designed to secure
your personal information from accidental loss and from unauthorized access, use, alteration or disclosure.
However, we cannot guarantee that unauthorized third parties will never be able to defeat those measures
or use your personal information for improper purposes. You acknowledge that you provide your personal
information, or information about the entity that you represent, at your own risk.

WARRANTY DISCLAIMER
THE SITE SERVICES PROVIDED BY FH411 OR ANY OF OUR LICENSORS OR OUR THIRD-PARTY
SERVICE ARE PROVIDED "AS IS," AS AVAILABLE, AND WITHOUT ANY WARRANTIES
OR CONDITIONS (EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF
MERCHANTABILITY, ACCURACY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFRINGEMENT,
ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING
OR USAGE OR TRADE). WE MAKE NO REPRESENTATIONS OR WARRANTIES, OF ANY KIND,
EITHER EXPRESS OR IMPLIED, AS TO THE QUALITY, IDENTITY OR RELIABILITY OF ANY THIRD
PARTY, OR AS TO THE ACCURACY OF THE POSTINGS MADE ON THE WEB SITE BY ANY THIRD
PARTY. SOME STATES AND JURISDICTIONS DO NOT ALLOW FOR ALL THE FOREGOING
LIMITATIONS ON IMPLIED WARRANTIES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU. LIMITATION OF LIABILITY
IN NO EVENT SHALL WE OR OUR LICENSORS OR OUR THIRD-PARTY SERVICERS BE
LIABLE TO YOU OR ANY OTHER MEMBER FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL,
INCIDENTAL OR PUNITIVE DAMAGES PURSUANT TO THIS AGREEMENT, INCLUDING BUT NOT
LIMITED TO, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES OR LOSS OF GOODWILL,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, IN NO EVENT WILL OUR
LIABILITY TO YOU FOR ANY ACTION OR CLAIM RELATED TO THE SITE SERVICES PROVIDED
UNDER THIS AGREEMENT, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE OR ANY OTHER
THEORY OF LIABILITY, EXCEED THE GREATER OF: (A) $100, OR (B) THE AGGREGATE AMOUNT OF
SERVICE CHARGES ACTUALLY COLLECTED BY US FROM YOU FOR THE SITE SERVICES TO
WHICH THE LIABILITY RELATES DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING
THE DETERMINATION OF SUCH LIABILITY. SOME STATES AND JURISDICTIONS DO NOT ALLOW
FOR ALL THE FOREGOING EXCLUSIONS AND LIMITATIONS OF INCIDENTAL OR CONSEQUENTIAL
DAMAGES, SO TO THAT EXTENT, IF ANY, SOME OR ALL OF THESE LIMITATIONS AND EXCLUSIONS
MAY NOT APPLY TO YOU.
RELEASE
If you have a dispute with another Member, you release FH411 (and our officers, directors, agents,
subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential)
of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.

INDEMNITY
You agree to defend, hold harmless and indemnify FH411 from and against any and all losses, costs,
expenses, damages or other liabilities incurred by FH411 from and against any cost, liability, loss, damage,
cause of action, claim, suit, proceeding, demand or action brought by a third party against FH411: (a) in
connection with your use of the Site Services including any payment obligations incurred through use of the
Site Services; or (b) resulting from: (i) your use of the Site; (ii) your decision to supply credit information via
the Site, including personal financial information; (iii) your decision to submit postings and accept offers from
other Members; (iv) any breach of contract or other claims made by Members with which you conducted
business through the Site; (v) your breach of any provision of this Agreement; (vi) any liability arising from
the tax treatment of payments or any portion thereof; (vii) any negligent or intentional wrongdoing by any
Member; (viii) any act or omission of yours with respect to the payment of fees to any Affiliate; (ix) your
dispute of or failure to pay any invoice or any other payment; or (x) your obligations to a Affiliate. Any such
indemnification shall be conditioned on our: (a) notifying you in writing of any such claim, demand, action,
cost, liability, loss or threat of any thereof; (b) cooperating with you in the defense or settlement thereof; and
(c) allowing you to control such defense or settlement. We shall be entitled to participate in such defense
through our own counsel at our own cost and expense. We reserve the right to report any wrongdoing of
which we become aware to the applicable government agencies or otherwise.
NOTICES AND COMMUNICATIONS
Communications from FH411 to you
Unless you otherwise indicate in writing to Customer Support, FH411 will communicate with you by email or
by posting communications on the Site. You consent to receive communications from us electronically and
you agree that these electronic communications satisfy any legal requirement that such communications be
in writing. You will be considered to have received a communication when FH411 sends it to the email
address you have provided to FH411 on the Site, or when FH411 posts such communication on the Site.
You must keep your email address updated on this Site, and you must regularly check this Site for postings. If you fail to respond to an email message from FH411 regarding violation, dispute or complaint within two
business days, FH411 has the right to terminate or suspend your Job or your Account.
Communications from you to FH411
All notices to FH411 intended to have a legal effect concerning this Agreement must be in writing and
delivered either in person or by a means evidenced by a delivery receipt, to the following address:
FH411
PO BOX 683610
Park City, UT  84068
Attn: Controller
Such notices to FH411 are deemed effective upon receipt.
MISCELLANEOUS TERMS AND CONDITIONS
You are responsible for compliance with applicable local laws, keeping in mind that access to the contents of
this Site may not be legal for or by certain persons or in certain countries. FH411 will not be considered to
have modified or waived any of our rights or remedies under this Agreement unless the modification or
waiver is in writing and signed by an authorized representative of FH411. No delay or omission by FH411 in
exercising its rights or remedies will impair its rights or be construed as a waiver. Any single or partial
exercise of a right or remedy will not preclude further exercise of any other right or remedy.
You will not transfer, assign or delegate your rights or obligations (including your Account) under this
Agreement to anyone without the express written permission of FH411, and any attempt to do so will be null
and void. FH411 may assign this Agreement in its sole discretion.
This Agreement, together with any other legal notices and agreements published by FH411 via the Site,
shall constitute the entire agreement between you and FH411 concerning the Site. If any provision of this
Agreement is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not
affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect.
The Site is controlled and operated from its facilities in the United States. FH411 makes no representations
that the Site is appropriate or available for use in other locations. Those who access or use the Site from
other jurisdictions do so at their own volition and are entirely responsible for compliance with all applicable
United States and local laws and regulations, including but not limited to export and import regulations. You
may not use or access the Site if you are a resident of a country embargoed by the United States, or are a
foreign person or entity blocked or denied by the United States government. Unless otherwise explicitly
stated, all materials found on the Site are solely directed to individuals, companies, or other entities located
in the United States.
Except for the payment of fees to FH411, neither of the parties to this Agreement shall be responsible for
the failure to perform or any delay in performance of any obligation hereunder due to labor disturbances,
accidents, fires, floods, telecommunications or Internet failures, strikes, wars, riots, rebellions, blockades,
acts of government, governmental requirements and regulations or restrictions imposed by law or any other
similar conditions beyond the reasonable control of such party. The time for performance of such party shall
be extended by the period of such delay.
The boldface paragraph headings in this Agreement are included for ease of reference only and have no
binding effect. This Agreement and all documents referenced in this Agreement (including the Terms of
Service available by hyperlink above) comprise the entire agreement between you and FH411 with respect
to the use of this Site and supersede all prior agreements between the parties regarding the subject matter
contained herein as well as any conflicting or inconsistent terms in any Web site that link to or are linked
from this Site. For convenience, this Agreement may be displayed in HTML and/or PDF versions. In the
event of any inconsistency between such versions, the PDF version will govern.

CERTAIN DEFINED TERMS
Any capitalized term not otherwise defined in this Agreement has the meaning given such term on the Site.
As used throughout this Agreement: “Account” means the FH411 Account you open when you register to become a Member and use the Site
Services, and all Team Accounts added to that Account.
“Fisherman” means a Member that investigates and purchases Guide/Affiliate Services or identifies a Guide/Affiliate
through the Site.
“FH411 Services” means the creation, hosting, maintenance, and provision of the Site and all services
delivered by FH411 that are accessible through the Site. The term FH411 Services does not include
Affiliate Services or Third-Party Services.
“Intellectual Property Rights” means all patent rights, copyright rights, mask work rights, moral rights,
rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other
intellectual property rights as may now exist or hereafter come into existence, and all applications therefore
and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other
jurisdiction.
“Member” means a person or legal entity that registers for an Account.
“Member Contract” shall have the meaning given to it above.
“Payment Service” means the FH411 Billing and Payment Service.
“Guide/Affiliate” means a Member that offers and delivers Guide/Affiliate Services or identifies a Fisherman through the Site.
“Guide/Affiliate Services” means all services delivered by Guide/Affiliate.
“Secure Areas” means portions of the site that are encrypted using the Hypertext Transfer Protocol Secure
(also known as “HTTPS”) or any other encryption mechanism.
“Services Agreement” means the default Services Agreement Between Fisherman and Guide/Affiliate and this
default Services Agreement may be modified by Fisherman and Guide/Affiliate as described here. A Services
Agreement may include specifications, price, milestones, deliverables, units of work, hours, payment terms,
warranties and other contractual obligations.
“Site Policies” means the Terms of Service and all obligations, requirements, and provided lines contained in
or linked from the Site. Site Policies includes, without limitation, all documents linked here.
“Site Services” means all services that are accessible through the Site except Guide/Affiliate Services.
“Third-Party Services” means all services that are accessible through the Site and delivered by third
parties. The term Third-Party Services does not include FH411 Services or Guide/Affiliate Services.
“User” means (1) a person who is a Member, using the Site on his or her own behalf, or (2) a person who is
using the Site on behalf of a Member that is a company or organization.
“Visitor” means a person who is only visiting the Site, not a Member or User.
“Workroom” means the place on the Site where a Fisherman and Guide/Affiliate can communicate and work together
on a Job.
“Work System” means the tools available on the Site for Fisherman and Guide/Affiliate to communicate and work
together.
“you” means a Visitor or Member accessing the Site or using the Site Services on his or her own behalf; or,
if the Site Services are used on behalf of a Member, "you" means the Member for which the Site Services
are used and the User who accesses the Site on behalf of such Member (and such User represents that he
or she has the authority to do so on the Member's behalf).
CONTACTING US
If you wish to report a violation of the Terms of Service, have any questions or need assistance, please
contact FH411 Customer Support as follows:
Web Support: http://www.fisinghole411.com/contact-us
Email: This e-mail address is being protected from spambots. You need JavaScript enabled to view it
Phone: (Mon-Fri, 11 a.m. - 3 p.m. Mountain Time): 1-877-no-number
Online Help Topics: http://www.fishinghole411.com/contact-us