Terms and Conditions
Millwood Lake Guide Service 1990-2017 © All Rights Reserved. All trademarks are the property of their respective owners.
Terms and Conditions

Agreement between user and Millwood Lake Guide Service


The Web Sites (collectively, the �MLGS Web Sites�) operated by
Millwood Lake Guide Service (�MLGS�), are comprised of various Web
sites and Web pages. The MLGS Web Sites and the services of MLGS are
offered to you conditioned on your acceptance without modification of
the terms, conditions, and notices contained herein. Your use of the
MLGS Web Sites or the services offered by MLGS constitutes your
agreement to all such terms, conditions, and notices. Your use of a
particular MLGS website included within the MLGS Web Sites network
may also be subject to additional terms outlined elsewhere on that
website (the �Additional Terms�). Additionally, the MLGS Web Sites and
MLGS services may themselves contain additional terms that govern
particular features or offers (for example, Reservations and Booking).
In the event that any of the terms, conditions, and notices contained
herein conflict with the Additional Terms or other terms and guidelines
contained within any particular MLGS website, then these terms shall
control.



Please read the following terms of use and disclaimers carefully before
using this web site (this �Site�). By accessing or using this Site or
contracting for the services of MLGS, you agree to these terms of use,
conditions and all applicable laws. If you do not agree to these terms
then you may not use this Site or contract for the services of MLGS.



Modification of these terms of use.

MLGS reserves the right to change the terms, conditions, and notices
under which the MLGS Web Sites and MLGS services are offered,
including but not limited to the charges associated with the use of the
MLGS services. You are responsible for regularly reviewing these terms
and conditions.



Use of site. Personal and non-commercial use limitation.

Unless otherwise specified, the MLGS Web Sites are for your personal
and noncommercial use. You may not modify, copy, distribute,
transmit, display, perform, reproduce, publish, license, create
derivative works from, transfer, or sell any information, software,
products or services obtained from the MLGS Web Sites.



You may display and, subject to any expressly stated restrictions or
limitations relating to specific material, electronically copy, download
and print hard copy portions of the material from the different areas of
the Site solely for your own noncommercial use, or to place an order
with MLGS or to purchase MLGS services. Any other use of materials on
this Site, including but not limited to this Site, without prior written
permission of MLGS is strictly prohibited.





Harassment in any manner or form on the Site or any of the MLGS Web
Sites, including via e-mail and chat or by obscene or abusive language
is strictly forbidden. Impersonation of others, including a MLGS
employee, host, or representative or other members or visitors on the
Site is prohibited. You may not upload to, distribute, or otherwise
publish through the Site any content which is libelous, defamatory,
obscene, threatening, invasive of privacy or publicity rights, abusive,
illegal, or otherwise objectionable, or which may constitute or
encourage a criminal offense, violate the rights of any party or
otherwise give rise to liability or violate any law. You may not upload
commercial content on the Site or use the Site to solicit others to join or
become members of any other commercial online service or other
organization.



Copyrights and trademarks.

The entire content included in this Site, including but not limited to text,
design, graphics, interfaces, or code and the selection and
arrangements thereof is copyrighted as a collective work under the
United States and other copyright laws, and is the property of MLGS.
The collective work includes works that are licensed to MLGS. Copyright
1992-2012. ALL RIGHTS RESERVED. All trademarks, service marks, and
trade names (collectively the �Marks�), including but not limited to,
�Millwood Lake Guide Service� and �Arkansas� Best Bass Fishing,� are
trademarks or registered trademarks of and are property of MLGS, or
other respective owners that have granted MLGS the right and license
to use such Marks.



Notices and procedures for making claims of copyright infringement.

Pursuant to Title 17, United States Code, Section 512(c)(2),
notifications of claimed copyright infringement should be sent to the
Web Site�s designated agent. All inquires not relevant to or not
complying with the following procedure will receive no response.



MLGS respects the intellectual property of others, and we ask our users
and visitors to do the same. MLGS will process and investigate notices
of alleged infringement and will take appropriate actions under the
Digital Millennium Copyright Act (�DMCA�) and other applicable
intellectual property laws. Upon receipt of notices complying with the
DMCA, will act to remove or disable access to any material found to be
infringing or found to be the subject of infringing activity and will act to
remove or disable access to any reference or link to material or activity
that is found to be infringing.



If you believe that your work has been copied in a way that constitutes
copyright infringement, please provide MLGS the following information.
Please be advised that to be effective, Notification must include ALL of
the following:



1. a physical or electronic signature of the person authorized to act on
behalf of the owner of an exclusive copyright that is allegedly infringed;



2. a description of the copyrighted work that you claim has been
infringed;



3. a description of where the material that you claimed is infringed is
located on the Site;



4. your address, telephone number, and email address and all other
information reasonably sufficient to permit MLGS to contact you;

5. a statement by you that you have a good faith belief that the
disputed use is not authorized by the copyright owner, its agent, or the
law; and



6. a statement by you, made under the penalty of perjury, that the
above information in your Notice is accurate and that you are the
copyright owner or authorized to act on behalf of the owner of an
exclusive right that is allegedly infringed.



Notices of claimed copyright infringement should be directed to:



By mail: Millwood Lake Guide Service
P.O. Box 4957
Texarkana, AR 75505-4957
By Email: MillwoodLakeGSvc@aol.com
(Please include �Notice of Infringement� in the subject line.)



Important Note: The preceding information is provided exclusively for
notifying MLGS that your copyrighted material may have been infringed.
All other inquires, such as product or service related questions and
requests, or questions on privacy, will not receive a response through
this process.



LINKING, ADVERTISING, OR Typographical Errors.

In the event a MLGS link, product, or sponsor�s product or service is
listed at an incorrect price due to typographical error, or error in pricing
information as listed, from our sponsors or their suppliers, MLGS shall
not be liable for such error. MLGS does not offer for sale any products
from any of our sponsors or suppliers. Further, MLGS does not sell any
of the products, images, or any other products referred to or listed at
www.millwoodguideservice.com website. The products listed,
advertised, or referred to are sold completely separately from MLGS
and not via MLGS, nor handled by MLGS in any way to end users of such
products, excluding the use in the day to day operations necessary to
conduct normal routine marine, boating, guiding or any other
operations of assisting clients to catch fish.



MLGS SPONSORS.

MLGS� Sponsors of any related fishing, boating or other related
accessories used in this business, may provide their products at no
charge or at a reduced fee, to MLGS, for the purpose of MLGS� discretion
and use in MLGS related activities of guiding clients, fishing, boating, or
other necessary and related MLGS activities as determined by MLGS.
These products are for use in this business and as such, not available
for sale, but usage by MLGS, and their associated colleagues and
clients. These provided products in use, and / or in service, with MLGS
may be offered solely for sale by the third party sponsor, supplier, or
vendor apart from MLGS, and are not for sale or distribution by MLGS.
MLGS will provide at client�s request, the contact information to locate
or purchase the related and described products in use with MLGS
services. MLGS does not assume any liability associated with client�s
use of said products while in use with MLGS activities, nor client�s
individual purchase and use, from sponsor or supplier of the said
products, at any time.



Term; termination.

These terms and conditions are applicable to you upon your accessing
the Site and are applicable when you use or complete the booking and
reservation process. These terms and conditions, or any of them, may
be modified or terminated by MLGS without notice at any time for any
reason. The provisions relating to Copyrights and Trademarks,
Disclaimer, Claims, Limitation of Liability, Indemnification, Applicable
Laws, Arbitration, Reservations and Booking, Safety and Rescheduling,
and General, shall survive any termination.



User participation.

MLGS does not and cannot review all communications and materials
posted to or created by users accessing the Site and is not in any
manner responsible for the content of these communications and
materials. You acknowledge that by providing you with the ability to
view and distribute user generated content on the Site, MLGS is merely
acting as a passive conduit for such distribution and is not undertaking
any obligation or liability relating to any contents or activities on the
Site. However, MLGS reserves the right to block or remove
communications or materials that it determines to be (a) abusive,
defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in
violation of a copyright, trademark; or other intellectual property right
of another or (d) violates any law or regulation or (e) offensive or
otherwise unacceptable to MLGS as its sole discretion.



User Submissions.

Any material, information or other communication you transmit, upload
or post to this Site (�Communications�) will be considered
non-confidential and non-proprietary. MLGS will have no obligations
with respect to the Communications. MLGS and its designees will be
free to copy, disclose, distribute, incorporate and otherwise use the
Communications and all data, images, sounds, text, and other things
embodied therein for any and all commercial and noncommercial
purposes.



Third party links.

In an attempt to provide increased value to our visitors, this Site may
contain links to other sites on the Internet that are owned and operated
by third party vendors and other third parties (the �External Sites�).
However, even if the third party is affiliated with MLGS, MLGS has no
control over these linked sites, all of which have separate privacy and
data collection practices, independent of MLGS. MLGS has no
responsibility or liability for these independent policies or actions and is
not responsible for the privacy practices or the content of such web
sites. These linked sites are offered for your convenience and therefore
you access them at your own risk. Links do not imply that MLGS
sponsors, endorses, is affiliated with or associated with, or has been
legally authorized to use any trademark, trade name, service mark,
design, logo, symbol or other copyrighted materials displayed on or
accessible through such External Sites. Nonetheless, MLGS seeks to
protect the integrity of its Site and the links placed upon it and
therefore requests any feedback on not only its own Site, but for sites it
links as well (including if a specific link does not work). You should
contact the Site administrator or Webmaster for those External Sites if
you have any concerns regarding such links or the content located on
such External Sites.



Claims.

Each claim or statement about the effectiveness of MLGS services
and/or claim statement comparing the effectiveness of MLGS services
to the effectiveness of other services is expressly limited to the United
States, unless otherwise disclosed on the Site.



Disclaimer.

Millwood Lake Guide Service makes no warranties or representations
about the accuracy or completeness of this Site�s content or the
content of any site or External Sites. Millwood Lake Guide Service does
not filter advertisements or other content that children may view
through our sites or �hot-linked� sites, and they could receive content
and materials from the Internet and/or advertising that are
inappropriate for children. We encourage parents and guardians to
spend time online with their children and to consider using an electronic
filtering software.



This site and the materials, information, services, and products in this
site, including, without limitation, text, graphics, and links, are provided
�as is� and without warranties of any kind, whether express or implied
to the fullest extent permissible pursuant to applicable law. MLGS
disclaims all warranties, express or implied, including, but not limited
to, implied warranties of merchantability and fitness for a particular
purpose, non-infringement, freedom from computer virus, and
warranties arising from course of dealing or course of performance.
MLGS does not represent or warrant that the functions contained in the
site will be uninterrupted or error-free, that defects will be corrected, or
that this site or the server that makes the site available are free of
viruses or other harmful components. MLGS does not make any
warranties or representations regarding the use of the materials in this
site in terms or their completeness, correctness, accuracy, adequacy,
usefulness, timeliness, reliability or otherwise. The above limitations
may not apply to you.



Limitation of liability.

In no event shall MLGS be liable for any direct, indirect, special,
punitive, incidental, exemplary or consequential, damages, or any
damages whatsoever, even if MLGS has been previously advised of the
possibility of such damages, whether in an action under contract,
negligence, or any theory, arising out of or in connection with the use,
inability to use, or performance of the information, services, products,
and materials available from this site. These limitations shall apply
notwithstanding any failure of essential purpose of any limited remedy
because some jurisdictions do not allow limitations on how long implied
warranty lasts, or the exclusion or limitation of liability from
consequential or incidental damages, the above limitations may not
apply to you.



Indemnification.

You agree to indemnify, defend, and hold harmless MLGS, its officers,
directors, employees, agents, licensors and suppliers (collectively the
�Provider�) from and against all losses, expenses, damages and costs,
including reasonable attorneys� fees, resulting from any violation of
these terms and conditions or any activity related to your Internet
account (including negligent or wrongful conduct), by you or any other
person accessing the Site using your Internet account.



By completing the booking and reservation process, you agree that
MLGS shall not be liable or responsible for, and shall be saved and held
harmless by you from and against any and all suits, actions, losses,
damages, claims or liability of any character, type or description,
including all expenses of litigation, court costs and attorneys� fees for
injury or death to any person, or injury to any property, received or
sustained by any person or persons or property, arising out of or
occasioned by, directly or indirectly, the performance of services by
MLGS, its employees, agents, or subcontractors, including claims and
damages arising in whole or in part from the negligence of MLGS, its
employees, or subcontractors. It is the express intent of the parties to
this agreement that the indemnity provided for in this section is an
indemnity extended by you to indemnify and protect MLGS from the
consequences of MLGS�s own negligence, the negligence of MLGS�s
employees, PROVIDERS, SUPPLIERS, OR SPONSORS, and the negligence
of MLGS�s subcontractors, whether that negligence is the sole or
contributory cause of the resultant injury, death or damage. You further
agree to defend at your own expense and on behalf of MLGS and in the
name of MLGS, any claim or litigation brought in connection with any
such injury, death or damage.



Applicable laws.

Your use of this Site and the services of MLGS shall be governed in all
respects by the laws of the state of Arkansas, U.S.A., without regard to
choice of law provisions. You agree that jurisdiction over and venue in
any legal proceeding directly or indirectly arising out of or relating to
this Site (including but not limited to the purchase of MLGS services)
shall be in the state of federal courts located in Miller County, Arkansas.
Any cause of action or claim you may have with respect to the Site
(including but not limited to the purchase of MLGS services) must be
commenced within one (1) year after the claim or cause of action
arises. MLGS�s failure to insist upon or enforce strict performance of any
provision of these terms and conditions shall not be construed as a
waiver of any provision or right. Neither the course of conduct between
the parties nor trade practice shall act to modify any of these terms and
conditions. MLGS may assign its rights and duties under this Agreement
to any party at any time without notice to you.



MLGS makes no representation that materials in the Site are
appropriate or available for use in other locations, and access to them
from territories where their content is illegal is prohibited. Those who
choose to access this Site from locations outside Arkansas do so on
their own initiative and are responsible for compliance with the
applicable local laws.



Arbitration.

By using this Site, you agree that MLGS, at its sole discretion, may
require you to submit any disputes arising from the use of this Site, the
services provided by MLGS, or these Terms and Conditions concerning
or, including disputes arising from or concerning their interpretation,
violation, nullity, invalidity, nonperformance or termination, as well as
disputes about filling gaps in this contract or its adaptation to newly
arisen circumstances, to final and binding arbitration under the
International Rules of Arbitration of the American Arbitration
Association, by one or more arbitrators appointed in accordance with
said Rules. Notwithstanding these rules, however such proceeding shall
be governed by laws of the state as set forth in the previous section.
You agree that the venue of any arbitration proceeding shall be in Miller
County, Arkansas, U.S.A.



Any award in an arbitration initiated under this clause shall be limited to
monetary damages and shall include no injunction or direction to any
party other than the direction to pay a monetary amount. Further, the
arbitrator(s) shall have no authority to award punitive, consequential
or other damages not measured by the prevailing party�s actual
damages in any arbitration initiated under this section, except as may
be required by statute.



Reservations and booking.

All reservations and bookings for MLGS services shall be charged
pursuant to the current Rate Table of MLGS. A current year Rate Table
will be forwarded to you upon request. Additional terms may be
contained in the current Rate Table and any accompanying
correspondence or email. All such terms are incorporated herein by
reference.



You acknowledge and agree that MLGS, may, at its sole discretion,
based on prior commitments, reservations, or any other obligation, (1)
refer its services to an independent contractor fishing guide (a
�subcontractor�) and receive a maintenance and referral fee for such
referral or (2) engage a subcontractor to assist MLGS in providing
services. You agree that such Subcontractor is solely responsible for its
own contractual obligations, acts and omissions.



You agree to comply with any and all of MLGS�s instructions regarding
safety, use of lifejackets and any equipment provided by MLGS, all
Arkansas Game and Fish Commission�s (�AG&FC�) fishing regulations,
United States Army Corps of Engineer�s (�USACE�) regulations and any
other applicable federal, state or county rules, regulations, ordinances
or laws. If you use any equipment provided by MLGS, you assume full
and sole responsibility to return such equipment to MLGS in the same
condition. If such equipment is lost or damaged while in your
possession, you agree to reimburse MLGS for the expense to repair or
replace such equipment, at the sole discretion of MLGS, and at the price
or expense as determined solely by MLGS.



All clients over the age of sixteen (16) must possess, and furnish to
MLGS upon request, a personal Arkansas fishing license issued by the
Arkansas Game and Fish Commission, unless specifically exempt or
other special condition or consideration, as applicable. All clients agree
to wear United States Coast Guard (�USCG�) approved flotation devices
as requested by MLGS, and as required by AG&FC or USACE, at all times
outboard engine/motor is in operation, as provided by MLGS. All clients
under age of fifteen (15), or as required by current regulation, agree to
wear USCG approved floatation device at all times on/in the boat,
regardless of outboard engine/motor�s operation, as required by any
applicable governing body�s applicable law in affect at the time of guide
trip.



The use and possession of alcohol is strictly prohibited. MLGS reserves
the exclusive right to refuse to guide anyone who is under the influence
of alcohol or any other drug, substance or medication which, in the sole
opinion of MLGS, impairs the physical, mental, or dexterity capabilities
of the client. MLGS reserves the exclusive right to refuse to guide any
client whose mental, physical, or dexterity condition, in the sole opinion
of MLGS, is impaired for any other reason. Any client who is so refused
shall not be entitled to a refund of any amount, and further services are
forfeited.



MLGS will upon request, provide guiding service, consulting service,
coaching, mentoring, navigational aid assistance, mapping aid
instructions, suggest methods of fishing, assisting and catching fish as
necessary, make recommendations as to location and manner,
seasonal information, current lake conditions or condition information,
safety, rescue assistance to any person or persons, boater or
non-boater, on Millwood Lake in any related or non-related emergency,
USCG flotation devices, and equipment necessary to catch fish.
However, MLGS does not warranty or guarantee that any client will
catch any particular quality, size, quantity, or species of fish.



By completing the booking and reservations process, you grant MLGS a
license to make photographic, video, and digital recording of you and
any fish caught by you and to use and publish the same on the MLGS
Web Sites and in any advertisement of MLGS.



Free rod giveaway.

The Free Rod Giveaway is subject to the terms, conditions and booking
agreements of MLGS. The largest Largemouth Bass caught by a client
within each calendar year shall be determined as weighed on MLGS�s
digital scale. Paid full day guided bass trip within calendar year is
required for eligibility and does not include: Corporate Trip Discounts,
Run-N-Gun Trips, Half Day Trips, Winter Discount, or any other
discounted packages. Free fishing rod is at sole discretion of MLGS,
once per annum. Client is responsible for any applicable taxes, postage,
shipping and handling, or any other required fees as determined by
MLGS. You agree to have your photograph or likeness with the winning
fish posted on MLGS�s Web Site photo gallery for the calendar year.
Additional client requirements and responsibilities may apply and are at
the sole discretion of MLGS. Copyright, 1992-2007 MLGS. All Rights
Reserved. MLGS reserves the right to amend, change, or terminate the
Free Rod Giveaway program or client responsibilities and requirements
at any time without additional notice.



RATES, DISCOUNTS, AND DEPOSITS.

All discounts and discounted trips are subject to availability and
approval of MLGS. Corporate or Multi-client groups, and Multi-day,
Winter Rate, Client Referral, and all other discounts are subject to
change and availability. Special advance notice is required for
corporate groups or multi-client groups of over four (4) clients per trip
package. Refer to current calendar year Rate Table for details on
discounts currently available. All rates, Multi-day packages, terms,
options and discounts are based on seasonal availability. All rates are
based per guide, per boat, based on two (2) clients per rig. Advance
deposits, in an amount determined by MLGS, are required to reserve
and confirm any client�s or any group�s trip(s) and dates. Such deposits
are non-refundable. Additional 3rd, and 4th person(s) per rig require
additional fees. Guide�s tips are not included in rate. Refer to current
calendar year Rate Table for appropriate rates and required advance
deposits to confirm your trip(s). MLGS reserves the sole right to amend,
change, or terminate any and all discounts, rates and client
responsibilities and requirements at any time, without additional
notice.



Safety and rescheduling.

The safety of our clients and any guides is a primary concern. Client
agrees to provide for all personal foul-weather or inclement weather
gear, as necessary or required by existing external ambient conditions
in effect at any particular time. Although we fish year-round and in
many inclement weather conditions, there are certain weather
conditions, such as thunderstorms, lake wind advisories, and other
threatening weather conditions, which may make it necessary to
reschedule one (1) or more days of your fishing trip. If this occurs,
MLGS will make its best efforts to accommodate you and to reschedule
your trip within one year from that date, taking into account the prior
commitments and previous booking agreements of MLGS.



If you and MLGS fail to reach an agreement on a reschedule date within
one (1) year of any weather related rescheduling requirement, any
client deposit shall be forfeited and remain the property of MLGS and no
further services shall be due to you from MLGS.



If, after making your deposit, you or your designated person, cancel
your trip due to any reason, MLGS will make its best efforts to
reschedule your trip on an agreed date within ninety (90) days. You
agree to provide MLGS with at least three (3) proposed dates, the
earliest of which must be at least three (3) weeks after the date that
you provide the proposed dates. If the trip is not rescheduled within
ninety (90) days because you failed to provide such proposed dates or
MLGS is unable to reschedule your trip because of prior booking
agreements, commitments, or scheduling conflicts within MLGS, your
deposit shall be forfeited and remain the property of MLGS and no
further services are due you from MLGS.


LODGING ASSISTANCE AND RESERVATIONS FOR LODGING.

MLGS will assist in client lodging requirements and reservations for its
clients, at the client�s request, free of any service charges, to third
party establishments operating separately and solely apart from MLGS.
MLGS has negotiated special discounted rates for lodging with local
establishments that include and offer some King Size Studios, at
substantial discounted prices. MLGS does not accept any financial
rewards, or any other referral fees from any lodging facility, and their
operation is entirely separate, apart, and not associated with MLGS.
MLGS conducts this service as a courtesy and value-added option, to
any client to assist and offer additional services such that any client�s
trip or guide package is complete and hassle-free. MLGS has no
responsibility or liability for the acts, omissions or charges of these
lodging establishments and, if client chooses to use these
establishments, it does so solely at its own risk.



RESPECT AND SUPPORT.

MLGS does not discriminate against any client(s) at any time, on the
basis of race, religion, gender, or any other legally protected personal
rights. MLGS operates on Millwood Lake in southwest Arkansas on an
AG&FC and USACE co-maintained fishery, and watershed flood control /
water supply, property of approximately 29,500 acres at normal pool
elevation of 259.20�. MLGS supports and respects the Constitution of
the United States of America, it�s policies, its laws, the Flag of the
United States of America, The United States Fish and Wildlife Service,
Arkansas Game and Fish Commission, United States Army Corps of
Engineers, the natural resources of Arkansas, and we ask you to do the
same. MLGS ENCOURAGES CATCH AND RELEASE with any trophy sized
Black Bass species, and replicas of your personal best catch with us.
MLGS can provide the contact information for trophy bass replications
at your request.

Do not litter. PACK IT IN, PACK IT OUT. PASS IT ON.



General.

MLGS may revise these Terms at any time by updating this posting. You
should visit this page from time to time to review the then-current
Terms because they are binding on you. Certain provisions of these
Terms may be superseded by expressly designated legal notices or
terms located on particular pages at this Site.