Terms of Use
These Terms of Use (“Terms”) govern access to and use of the website located at https://ftmarine.com and related pages (the “Site”) operated by Here2Fish, LLC, a Florida limited liability company (“Company,” “we,” “us,” or “our”), including the Full Throttle Marine brand. Please read carefully.
BY ACCESSING OR USING THE SITE, YOU AGREE TO THESE TERMS AND OUR PRIVACY POLICY. If you do not agree, do not use the Site.
1. Eligibility
You must be at least 18 years old and able to form a binding contract to use the Site. By using the Site, you represent that you meet these requirements.
2. The Site is informational
The Site provides general information about Full Throttle Marine services, pricing, membership, careers, and franchise opportunities. Content is for informational purposes only. It is not professional marine, legal, tax, insurance, or engineering advice. Service outcomes depend on vessel condition, access, parts availability, weather, and other factors.
3. No offer; separate agreements govern services
- Prices, service descriptions, and availability on the Site are subject to change without notice and may vary by market, vessel, engine class, and access.
- Submitting a booking or club application through the Site does not create a confirmed appointment or membership until we accept it in writing and any required payment or agreement is completed.
- Marine services are governed by the service agreement, work order, estimate, or invoice we provide — not by Site content alone.
- Full Throttle Club membership requires acceptance of separate membership terms provided at enrollment.
- Franchise information on the Site is not an offer to sell a franchise. An offer may only be made by a current FDD in compliance with applicable law.
4. Acceptable use
You agree not to:
- Use the Site unlawfully or for fraudulent purposes;
- Submit false, misleading, or unauthorized information;
- Attempt to gain unauthorized access to systems, accounts, or data;
- Interfere with Site operation (malware, scraping at scale, denial-of-service, etc.);
- Copy, frame, mirror, or exploit Site content except as permitted by law or with our prior written consent;
- Use the Site to compete with us through automated harvesting of pricing or content.
We may suspend or block access for conduct we believe violates these Terms or poses risk to us or others.
5. Intellectual property
The Site and its content (text, graphics, logos, layout, photos, video, and software) are owned by Company or its licensors and protected by U.S. and international intellectual-property laws. You receive a limited, revocable, non-exclusive, non-transferable license to access the Site for personal, non-commercial use. No rights are granted except as expressly stated.
“Full Throttle Marine,” “FTM,” and related marks are trademarks of Company or its affiliates. Unauthorized use is prohibited.
6. User submissions
Information you submit through forms or email may be used as described in our Privacy Policy. You represent that your submissions are accurate to the best of your knowledge and that you have authority to provide them. You grant us a non-exclusive, royalty-free license to use submissions to respond to your request and operate our business.
7. Third-party links and tools
The Site may link to or embed third-party sites and tools (Google, YouTube, social media, career application platforms). We do not control and are not responsible for third-party content, policies, or practices. Your use of third-party services is at your own risk and subject to their terms.
8. Disclaimer of warranties
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND QUIET ENJOYMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR HARMFUL COMPONENTS, OR THAT DEFECTS WILL BE CORRECTED.
9. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL COMPANY, ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, FRANCHISEES, SUCCESSORS, OR AFFILIATES (COLLECTIVELY, “RELEASED PARTIES”) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATED TO THE SITE OR THESE TERMS, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR ANY CLAIM ARISING OUT OF OR RELATING TO THE SITE OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (US $100) OR (B) THE AMOUNT YOU PAID TO COMPANY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS BEFORE THE EVENT (IF ANY).
Some jurisdictions do not allow certain limitations. In those jurisdictions, our liability is limited to the fullest extent permitted by law.
10. Indemnification
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE RELEASED PARTIES FROM AND AGAINST ANY CLAIMS, LIABILITIES, DAMAGES, LOSSES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) YOUR USE OF THE SITE; (B) YOUR SUBMISSIONS OR CONTENT; (C) YOUR VIOLATION OF THESE TERMS; (D) YOUR VIOLATION OF ANY LAW OR THIRD-PARTY RIGHT; OR (E) ANY DISPUTE BETWEEN YOU AND A THIRD PARTY IN CONNECTION WITH THE SITE.
We reserve the right to assume exclusive defense and control of any matter subject to indemnification by you, at your expense.
11. Marine service & vessel disclaimers
Without limiting the foregoing:
- Boating and marine maintenance involve inherent risks. You are responsible for safe operation of your vessel and compliance with applicable laws and manufacturer requirements.
- Site content does not replace manufacturer manuals, USCG requirements, or surveyor recommendations.
- Diagnostic information submitted through the Site may be incomplete; on-site inspection may reveal additional issues.
- We are not responsible for pre-existing conditions, latent defects, third-party parts, or damage caused by misuse, neglect, or unauthorized modifications.
12. Dispute resolution; binding arbitration; class waiver
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
12.1 Informal resolution. Before filing a claim, you agree to contact us at hello@ftmarine.com (subject: Legal Notice) and attempt to resolve the dispute informally for at least thirty (30) days.
12.2 Binding arbitration. Except for qualifying small-claims matters or requests for injunctive relief to stop unauthorized use of intellectual property, any dispute arising out of or relating to the Site or these Terms shall be resolved by binding individual arbitration administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules (or Commercial Rules if you are using the Site in a business capacity), as applicable. The seat of arbitration shall be Manatee County, Florida. The arbitrator may award the same damages and relief a court could award on an individual basis.
12.3 Class action waiver. YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over any form of representative proceeding.
12.4 Opt-out. You may opt out of arbitration within thirty (30) days of first accepting these Terms by emailing hello@ftmarine.com with your name, address, and a clear statement that you opt out of arbitration. Opt-out does not affect other Terms.
12.5 Survival. This Section survives termination of your use of the Site.
13. Governing law; venue
These Terms are governed by the laws of the State of Florida, without regard to conflict-of-law rules. Subject to Section 12, exclusive jurisdiction for any permitted court proceeding shall be the state or federal courts located in Manatee County, Florida, and you consent to personal jurisdiction there.
14. Force majeure
We are not liable for delay or failure to perform due to events beyond our reasonable control, including weather, natural disasters, supply-chain disruption, labor disputes, acts of government, or internet/hosting failures.
15. Changes
We may modify these Terms at any time by posting an updated version on this page with a revised “Last updated” date. Material changes may also be noted on the Site. Your continued use after changes constitutes acceptance. If you do not agree, stop using the Site.
16. Severability; waiver; assignment
If any provision is held invalid or unenforceable, the remainder remains in effect. Our failure to enforce a provision is not a waiver. We may assign these Terms; you may not assign without our prior written consent.
17. Entire agreement
These Terms and the Privacy Policy constitute the entire agreement between you and Company regarding the Site and supersede prior or contemporaneous understandings on that subject. Separate written agreements govern paid services, membership, and franchise relationships.
18. Contact
Here2Fish, LLC (Full Throttle Marine)
Attn: Legal
Palmetto, FL 34221
hello@ftmarine.com