Terms of Service

These Terms of Service govern your use of the website at fishingupstream.com. Fishing Upstream is a DBA of Workhorse Holdings LLC, based in Cornwall, New York. When we say "we," "us," or "our" in this document, we mean Workhorse Holdings LLC doing business as Fishing Upstream. When we say "you" or "your," we mean the person visiting or using the website.

By using this website, you agree to these Terms. If you do not agree with these Terms, please do not use the website.

The short version

This website is an informational tool. The marketing assessment gives you a directional read on your current marketing, but it is not a professional consultation or a guarantee of results. Any paid services we provide are governed by separate written agreements, not by these Terms. You use the website at your own discretion, and we are not liable for how you use the information you receive here.

The website and its purpose

Fishing Upstream provides marketing services for local businesses. The fishingupstream.com website exists to inform visitors about those services and to offer a free marketing assessment tool.

The website is provided for informational purposes only. The information, tools, and materials on the website do not constitute professional marketing advice, legal advice, financial advice, or any other kind of professional advice, and should not be relied upon as such.

The marketing assessment

The marketing assessment on fishingupstream.com asks you nine questions about your business's marketing and returns a grade and a personalized breakdown. The assessment is:

• A directional self-assessment tool, not a professional diagnostic
• Based on the information you provide, which we cannot verify
• Intended to help you think about your marketing, not to serve as the basis for business decisions with material consequences

The grade and breakdown you receive reflect general marketing principles applied to the information you provide. They do not constitute a promise about your business's actual performance, a warranty of any particular outcome, or a professional engagement between you and us.

By taking the assessment, you understand that the results are informational only. Any decisions you make based on the assessment are your own decisions, and we are not responsible for their outcomes.

Paid services are governed by separate agreements

If we enter into a paid engagement to provide marketing services to your business, that engagement is governed by a separate written agreement between us. These Terms do not govern paid services, do not create any obligation on our part to provide paid services, and do not entitle you to receive paid services.

Nothing you do on the fishingupstream.com website — including submitting the assessment, requesting a breakdown, or communicating with us by email — creates a contractual obligation for us to provide paid services or to become your marketing partner. All engagements are subject to a mutual decision to work together.

Client dashboard access

If you are a client of Fishing Upstream with dashboard access on this site, your use of the dashboard is governed by the written service agreement between you and Fishing Upstream. In the event of any conflict between these Terms and your service agreement, your service agreement controls. The provisions of these Terms concerning intellectual property, disclaimer of warranties, limitation of liability, indemnification, governing law, and dispute resolution continue to apply to your use of the site to the extent they do not conflict with your service agreement.

Your responsibilities when using the website

When you use fishingupstream.com, you agree to:

• Provide accurate information when submitting the assessment or any other forms
• Use the website only for lawful purposes
• Not attempt to disrupt, damage, or gain unauthorized access to the website or its underlying systems
• Not use the website to send unsolicited communications to us or others
• Not scrape, copy, or redistribute the content of the website without our permission

Intellectual property

The design, copy, images, and code that make up fishingupstream.com are the intellectual property of Fishing Upstream or its licensors. Content created for clients under a service agreement is governed by that agreement, not by these Terms. You may share links to the website and may share the results of your own assessment as you wish. You may not copy, redistribute, modify, or create derivative works from the content of the marketing website itself without our written permission.

The Fishing Upstream name, logo, and brand elements are our trademarks. You may not use them without written permission.

Third-party services

Our website uses third-party services for functions such as form submission and email delivery. These services have their own terms and privacy practices, which we do not control. Our use of these services is described in our Privacy Policy.

We are not responsible for the actions of third-party services, and their inclusion on our website does not imply our endorsement of any of their other products or services.

Disclaimer of warranties

The website is provided "as is" and "as available," without warranties of any kind, either express or implied. We do not warrant that the website will be uninterrupted, error-free, secure, or free of harmful components. We do not warrant that any information on the website is accurate, complete, or current, though we make reasonable efforts to keep it so.

Use of the website is at your own risk.

Limitation of liability

To the maximum extent permitted by applicable law, Fishing Upstream and its officers, employees, and agents will not be liable to you for any indirect, incidental, special, consequential, or punitive damages, including but not limited to lost profits, lost data, or business interruption, arising out of or related to your use of the website, whether based on warranty, contract, tort, or any other legal theory.

In no event will our total liability to you for all claims arising out of or related to the website exceed one hundred dollars ($100), or the amount you have paid us in the twelve months preceding the claim, whichever is greater.

Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the limitations above apply to the fullest extent permitted by law.

Indemnification

You agree to indemnify and hold harmless Fishing Upstream, its officers, employees, and agents from any claims, damages, or expenses (including reasonable attorneys' fees) arising out of your use of the website in violation of these Terms or of applicable law.

Changes to these Terms

We may update these Terms from time to time. When we do, we will update the "Last updated" date at the top of this page. Material changes will be announced through the website. Continued use of the site after changes indicates acceptance of the updated Terms.

Governing law

These Terms are governed by the laws of the State of New York, without regard to conflict-of-law principles. Any dispute arising out of or related to these Terms or the website will be resolved in the state or federal courts located in Orange County, New York, and you consent to the personal jurisdiction of those courts.

Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

Contact us

If you have questions about these Terms, contact us at:

Workhorse Holdings LLC
d/b/a Fishing Upstream
Cornwall, New York
legal@fishingupstream.com