TERMS OF SERVICE

These Terms of Service ("Terms") form a binding agreement between you and Southwest Florida Fishing and Spearfishing LLC ("Southwest Florida Fishing and Spearfishing," "we," "us," or "our") governing your use of the website at swflspearfishing.com (the "Site"), our YouTube content as embedded on the Site, and any merchandise sold through the Site (collectively, the "Services"). By using the Services or placing an order, you agree to these Terms. If you do not agree, do not use the Services.

1. Eligibility

You must be at least 18 years old, or the age of majority in your jurisdiction, to make a purchase. By using the Services, you represent that you meet this requirement and have the legal capacity to enter into these Terms.

2. Video Content and YouTube

Videos displayed on the Site are hosted by YouTube and are also governed by the YouTube Terms of Service and the Google Privacy Policy. Embedded videos are provided for information and entertainment.

All videos, footage, narration, music, graphics, and edits remain the property of Southwest Florida Fishing and Spearfishing or their respective owners. You may share embedded links, but you may not download, re-upload, re-edit, or otherwise reproduce our video content without prior written permission.

3. Spearfishing, Diving, and Safety Disclaimer

Our content depicts spearfishing, freediving, scuba diving, boating, and related activities. These activities are inherently dangerous and can result in serious injury or death. Content on the Site is for entertainment and general information only and is not professional instruction. You are solely responsible for your own safety, training, equipment, and compliance with all applicable federal, state, and local laws and regulations, including Florida Fish and Wildlife Conservation Commission (FWC) rules, federal fishery regulations, marine sanctuary rules, and licensing requirements. Do not rely on our content as a substitute for proper certification, training, or supervision.

4. Merchandise Orders

Merchandise sold on the Site is produced on demand by our third-party fulfillment partner. Prices are listed in U.S. dollars. We may correct pricing or product errors and cancel or refuse any order at our discretion, including orders that appear fraudulent.

Sales tax. Florida sales tax and any applicable local discretionary sales surtax will be added to taxable orders shipped within Florida. Orders shipped to other states may be subject to that state's sales tax based on applicable economic nexus laws.

Shipping. Title and risk of loss pass to you when the carrier accepts the package from our fulfillment partner. Estimated production and shipping times are not guarantees.

5. Returns and Refunds

Because items are made on demand, we accept returns or replacements only for products that arrive damaged, defective, or misprinted. Contact us within 30 days of delivery with your order number and clear photos of the issue, and we will arrange a replacement or refund at our discretion.

We do not accept returns for buyer's remorse, incorrect size selected by the customer, or wear-and-tear after use. Please review the size guide and product description before ordering.

6. Payments

Payments are processed by Stripe. By submitting payment information, you authorize us and Stripe to charge the payment method for the total amount of your order, including tax and shipping. You represent that you are authorized to use the payment method provided.

7. Intellectual Property

The Southwest Florida Fishing and Spearfishing name, logo, designs, photographs, video content, written content, and all other materials on the Site are owned by Southwest Florida Fishing and Spearfishing or its licensors and are protected by U.S. and international copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, sell, or create derivative works from any content without our prior written consent.

8. User Conduct

When using the Services, you agree not to:

• Use the Services for any unlawful purpose or in violation of these Terms
• Attempt to gain unauthorized access to the Site or its systems
• Interfere with or disrupt the Services or servers
• Use automated tools (bots, scrapers) without our written permission
• Misrepresent your identity or impersonate any person or entity
• Infringe the intellectual property or privacy rights of others

9. Third-Party Services and Links

The Services may include links to or integrate with third-party services (YouTube, Stripe, Instagram, fulfillment partners, etc.). We are not responsible for those services or their content, and your use of them is at your own risk and subject to their terms and policies.

10. Disclaimers

The Services are provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, non-infringement, or course of dealing. We do not warrant that the Services will be uninterrupted, error-free, secure, or that content is accurate, complete, or current. Activities depicted on the Site are undertaken at your own risk.

11. Limitation of Liability

To the maximum extent permitted by applicable law, in no event will Southwest Florida Fishing and Spearfishing or its owners, employees, or affiliates be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or related to your use of the Services, even if advised of the possibility of such damages. Our total cumulative liability for any claim arising out of or relating to the Services or merchandise will not exceed the greater of (a) the amount you paid us in the six months before the event giving rise to the claim, or (b) USD $100. Some jurisdictions do not allow limitations on certain damages, so some of these limitations may not apply to you.

12. Indemnification

You agree to indemnify, defend, and hold harmless Southwest Florida Fishing and Spearfishing and its owners, employees, and affiliates from any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any law or third-party right.

13. Governing Law and Venue

These Terms are governed by the laws of the State of Florida and the United States, without regard to conflict-of-laws principles. You agree that any dispute arising out of or relating to these Terms or the Services that is not subject to arbitration will be brought exclusively in the state or federal courts located in Lee County, Florida, and you consent to the personal jurisdiction of those courts.

14. Dispute Resolution

Most concerns can be resolved by contacting us first. If a dispute cannot be resolved informally within 30 days, either party may pursue the dispute in the courts identified in Section 13. To the extent permitted by law, you and Southwest Florida Fishing and Spearfishing waive any right to a jury trial and agree that any dispute will be brought in your individual capacity and not as a plaintiff or class member in any class or representative action.

15. Changes to These Terms

We may update these Terms at any time. The "Last updated" date above will reflect the most recent revision. Your continued use of the Services after changes are posted constitutes acceptance of the updated Terms.

16. Contact

Questions about these Terms? Email admin@swflspearfishing.com.

See also our Privacy Policy.