Any and all use of TryCharterFishing.com and its contents and/or services are subject to the following terms and conditions. By using TryCharterFishing.com and its services you are indicating your acceptance to these terms and conditions and are bound by any and all applicable laws. TryCharterFishing.com employees, parents, agents, subsidiaries and affiliates may revise these terms and conditions at any time by updating the posted terms and conditions. It is your responsibility to review the terms and conditions periodically and to make note of any changes. You are solely responsible for understanding and being in compliance with the current terms and conditions as stated on this page. Furthermore, your use of TryCharterFishing.com is subject to the terms and conditions stated elsewhere on the TryCharterFishing.com website (“site”), including, but not limited to the “Captain’s Corner” User Agreement and TryCharterFishing.com Privacy Policy.

PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMERS BEFORE USING TRYCHARTERFISHING.COM AND ITS SERVICES.

Copyrights and Trademarks

TryCharterFishing.com and the entire content included on this website and web pages, including but not limited to text, logos, graphics, photographs, design, interfaces, code, illustrations, audio clips, video clips, booking processes, Captain’s Corner, fishing charter listings, calendars, and the selection of arrangements thereof is protected by copyrights, trademarks, service marks, and/or other intellectual property rights by the United States and worldwide copyright  laws and all other applicable laws and is the exclusive property of TryCharterFishing.com and third party content providers.

Use of Site and Restrictions

Unless otherwise specified, TryCharterFishing.com is to be used only for your personal and non-commercial use. All content found on TryCharterFishing.com or any web page or website found on TryCharterFishing.com may not be altered, copied, modified, reproduced, distributed, shared, licensed, republished, uploaded, posted, transmitted, or exploited in any way, including but not limited to the creation of derivative works from the content found on this site. You may not sell, trade, upload or share any information, services, products, or software obtained on or from TryCharterFishing.com.

You may, subject to any restrictions or limitations stated on this page, print hard copies, electronically copy, or download information from TryCharterFishing.com solely for your own personal and non-commercial use. You may not use any text, logos, graphics, photographs, design, interfaces, code, illustrations, audio clips, video clips, booking processes, data, fishing charter calendar listings, characters or any other information obtained from TryCharterFishing.com for your website, nor frame or incorporate any information or content found on this website into another website without express written consent from TryCharterFishing.com.

Harassment in any manner or form, including but not limited to email, postings, charter request form data and information, and obscene and/or abusive language is strictly prohibited. In addition, you agree to not use this site to harvest or collect email addresses, physical addresses, boat names, business names, or any other contact information for the purpose of sending unsolicited emails, phone calls, and/or print mail.

You further agree to not enter false information into the data fields of the charter request form or in any email inquiry or question, including but not limited to your personal information, contact information, trip request, or trip inquiry. In addition, you may not impersonate any person or entity or falsely state or otherwise misrepresent yourself, your age, your personal information, your contact information, your charter trip request information, or any and all data supplied by you in the charter request form found on TryCharterFishing.com.

Limited Liability and Responsibility

In no event shall TryCharterFishing.com, its employees, parents, agents, subsidiaries or affiliates be liable to you or any third party for any direct, indirect, incidental, exemplary, special, consequential, or punitive damages, including profit loss damages resulting from your use of TryCharterFishing.com, or any damages whatsoever even if TryCharterFishing.com has been previously advised of the possibility of such damages whether in an action under contract, tort, strict liability, or otherwise relating to (a.) Your use of the website and its services, content, products, advertisements, endorsements, or material found on this site, (b.) Any failure or delay by you to fulfill your contract obligation and/or make payments for services rendered, including but not limited to contractual obligations and/or agreements made with TryCharterFishing.com sponsors, advertisers, hotels, restaurants, businesses, charter fishing boat operations and their employees, boat captains and crews, fishing guides, boat owners, and any affiliate of endorsed charter fishing boat operations and their employees, boat captains and crews, fishing guides and boat owners, (c.) The performance or non performance of TryCharterFishing.com or any third party service providers, distributors and businesses listed on this website, including but not limited to the performance and actions of charter fishing boat operations and their employees, boat captains and crews, fishing guides, boat owners, and any affiliate of endorsed charter fishing boat operations and their employees, boat captains and crews, fishing guides and boat owners, including but not limited to non performance resulting from bankruptcy, reorganization, insolvency, dissolution or liquidation even if such party has been advised of the possibility of damages to such parties or any other parties.

TryCharterFishing.com assumes no liability for any viruses or damages that may infect your computer or computer equipment or any other property damages that may result from your use of this site, including damages incurred while viewing or downloading any content, data, text, photography, audio or video. The hotels, accommodations, attractions, and all other business listed on TryCharterFishing.com are independent contractors of the site and not agents or employees of TryCharterFishing.com. This includes, but is not limited to all sponsors, advertisers, charter fishing boat operations and their employees, boat captains and crews, fishing guides, boat owners, or any affiliate of recommended charter fishing boat operations and their employees , boat captains and crews, fishing guides and boat owners .

TryCharterFishing.com is not liable for any damages, losses or personal injuries that occur during, before or after any part of “your trip,” as stated and defined on this page. Any damages, losses or injuries incurred during, before, or after “your trip,” as well as any and all matters of payment, refunds, cancellations, and/or other financial dealings, are to be handled solely between you and the person or business who operates your trip and/or renders service(s) and/or collects payment. TryCharterFishing.com, its employees, parents, agents, subsidiaries and affiliates are in no way responsible for the actions of charter fishing boat employees, fishing captains and crews, fishing guides, boat owners, or any affiliated charter fishing boat operations and their employees, fishing captains, fishing guides, or boat owners during any and all parts of your trip, including trip planning, trip reservations, trip requests, or trip payment, as well as any action involved in boarding and leaving the vessel, or any events or actions that occur onboard the vessel, either at the dock or at sea, or any matters directly involved with the activities of your trip.

*Your trip, as defined by these Terms and Conditions includes any and all actions, processes, and/or events that take place before, during or after booking a trip with a third party referred by TryCharterFishing.com, including but not limited to acts of: fishing, snorkeling, kayaking, sailing, SCUBA diving, lobster diving, swimming, or any “activity” that takes place on a vessel, be it at the dock, at sea, or on dry land.

Privacy

Information you provide is subject to the TryCharterFishing.com Privacy Policy. Click here to read our full Privacy Policy.

External Links

TryCharterFishing.com may contain links to third party websites that navigate you away from the pages within (“in”) TryCharterFishing.com. By clicking these links, and/or viewing these websites you agree to access them at your own risk. TryCharterFishing.com provides links to third party websites solely as a convenience to you and does not necessarily endorse their product(s) or service(s) or website content. TryCharterFishing.com is in no way responsible or liable for the content found on the third party websites. 

User Submissions

TryCharterFishing.com will consider the information you submit, including but not limited to photographs, data, sounds, images, videos, trip information, trip reviews, testimonials or any other communications, to be non-confidential and non-proprietary and may use that information for commercial or non-commercial use, including but not limited to copying, distributing, incorporating, disclosing, or for use on the TryCharterFishing.com website and web pages and/or for any advertising, marketing or promotions, or in any manner that may be of interest to TryCharterFishing.com.

Indemnification

You agree to indemnify TryCharterFishing.com and any third party employees, officers, directors, licensors, affiliates, agents and suppliers from and against any claim, cause of action or demand, losses, expenses, damages and costs, including without limitation reasonable attorneys’ fees, resulting from any violation of you of these terms or by anyone accessing your account.

Governing Law

These Terms and Conditions and your agreement to adhere to them are governed by all applicable laws in the United States and the states of Florida and Ohio. Any attempt by you or any third party to dispute and/or enforce these terms or any matters relating to TryCharterFishing.com, shall be brought only in the state or Federal courts located in Monroe County, the state of Florida, and/or Summit County, the state of Ohio. Any cause of action or claims you have with TryCharterFishing.com must be commenced within twelve (12) months of the date the cause of action of claim took place or accrued. Those who choose to access TryCharterFishing.com from locations outside Florida or Ohio are responsible for compliance with local laws and are responsible for compliance with all other applicable laws.  If any part or section of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalid provision shall not affect the validity of the remaining Terms and Conditions, which shall remain in full force and effect.
Disputes against Third Parties.

TryCharterFishing.com, its employees, parents, agents, subsidiaries or affiliates are not responsible or liable for the actions of third parties, including but not limited to the actions of sponsors, advertisers, hotels, restaurants, businesses, charter fishing boat operations and their employees, boat captains and crews, fishing guides, boat owners, and any affiliate charter fishing boat operation or employee, boat captains or crew, fishing guide or boat owner recommended on this website. You are solely responsible for any and all disputes, cause of action or claims against said parties.

Attorney’s Fees

If TryCharterFishing.com, its employees, parents, agents, subsidiaries or affiliates take action to enforce these Terms and Conditions of Use, or the Terms and Conditions found elsewhere on this website, you will be entitled to pay all reasonable and necessary attorney’s fees and cost of litigation, as well as any other relief, at law or in equity, to TryCharterFishing.com, its employees, parents, agents, subsidiaries or which are or may be entitled.

Contact

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