Our Terms of Service

TERMS OF SERVICE

Last updated on: January 15 2026

These Terms of Service (this “Agreement”) constitute a legally binding contract between Trick’em Charters (“Company,”

“we,” “us,” “our”), a company based in Alabama (“Company State”), and you with respect to your use of our websites,

mobile applications and online services, including without limitation our website(s) accessible at fishfortmorgan.com

(collectively, the “Service”).

BY ACCESSING OR USING THE SERVICE OR BY OTHERWISE INDICATING YOUR ASSENT TO THIS AGREEMENT

BY CLICKING “I ACCEPT,” OR ANY SIMILAR MECHANISM, YOU ARE CONSENTING TO BE BOUND BY THE TERMS

AND CONDITIONS OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS OF

THIS AGREEMENT, DO NOT ACCESS OR USE THE SERVICE.

Be advised that this Agreement contains disclaimers of warranties and limitations on liability that may be applicable to

you.

1. Changes to this Agreement

We reserve the right to, at any time, with or without cause:

change the terms and conditions of this Agreement;

change the Service, including without limitation eliminating or discontinuing any service or other feature of the

Service or using different URL(s) to provide the Service; and

deny or terminate your use of and/or access to the Service.

You must accept all changes in order to continue to use and access the Service. Your access to or use of the Service after

such changes constitutes your agreement to such changes. We will attempt to notify you of any material changes to the

terms and conditions of this Agreement. If you do not accept such changes, your use and/or access to the Service will be

terminated.

1. Use of the Service

Before using certain portions of the Service, you may need to register with us and create an account to access such

portions of the Service (an “Account”), including if you are seeking to upload User Content (defined below) to the Service.

We reserve the right to decline to provide the Service to any person for any or no reason. If and when you provide

information to Company, you agree to: (A) provide accurate, current, and complete information as prompted (including

without limitation your contact information), and (B) maintain and update your information to keep it accurate, current, and

complete. By providing Company with your email address or other contact information, you consent to our use of this

information to send you Service-related notices and other administrative notices, including without limitation any notices

required by any applicable law, statute, rule, ordinance, code, order or regulation of any government or quasi-government

authority (“Applicable Law”). You acknowledge that, if any information provided by you is untrue, inaccurate, not current,

or incomplete, we reserve the right to terminate this Agreement and your use of the Service.

You are solely responsible for the activity that occurs on your Account. You must keep your Account credentials (including

username and password) and any other access information secure at all times. You may not share your Account with any

third party without Company’s prior written consent. You must notify Company immediately of any breach or suspected

breach of security or unauthorized use of your Account. Company will not be liable for any losses caused by any

unauthorized use of your Account.

You represent and warrant that you have the full right, power, and authority to enter into and perform this Agreement

without the consent or approval of any third party.

This paragraph applies only to users in the United States. You consent to us and our service providers communicating

with you about the Service by SMS, text message, email and other electronic means, including autodialed text messages

containing service information and/or marketing messages, even if your phone number is on the do-not-call list. Your

carrier’s normal messaging, data and other rates and fees will apply to these communications. You are not required to

provide this consent to receive marketing messages as a condition of purchasing anything or using the Service, and you

may opt-out of receiving these messages at any time as described in our Privacy Policy (though you may continue to

receive messages while we and our service providers process your request). In the event you deactivate a mobile phone

number provided to us, you agree to update your account information promptly to ensure that messages are not sent to

the person who acquires your old number.

1. Rules Governing Your Use of the Service

You may not use the Service, or assist or encourage any other party to use the Service, to engage in any activity that

Company deems objectionable, including without limitation any of the following prohibited activities:

- Copying, framing or mirroring any part of the Service;

- Accessing the Service for purposes of monitoring its availability, performance, or functionality;

- Using, copying, modifying, creating a derivative work of, reverse engineering, decompiling or otherwise attempting to

extract the source code of the software underlying the Service or any part thereof, except to the extent expressly

permitted or required by any applicable law, statute, rule, ordinance, code, order or regulation of any government or

quasi-government authority (“Applicable Law”) provided that you first give prior written notice to Company;

- Attempting to disrupt, degrade, impair or violate the integrity or security of the Service or the computers, services,

accounts or networks of any other party (including without limitation “hacking,” “denial of service” attacks, etc.),

including without limitation any activity that typically precedes attempts to breach security such as scanning, probing

or other testing or vulnerability assessment activity or engaging in or permitting any network or hosting activity that

results in the blacklisting or other blockage of Company internet protocol space;

- Distributing or disclosing any part of the Service in any medium, including without limitation by any automated or

non-automated “scraping”;

- Using any automated system, including without limitation “robots,” “spiders,” “offline readers,” etc., to access the

Service in a manner that sends more request messages to Company than a human can reasonably produce in the

same period of time by using a conventional web browser;

- Taking any action that imposes, or may impose, as we determine in our sole discretion, an unreasonable or

disproportionately large load on our infrastructure;

- Accessing any content on the Service through any technology or means other than those provided or authorized by

the Service;

- Bypassing the measures we may use to prevent or restrict access to the Service, including without limitation features

that prevent or restrict use or copying of any content or enforce limitations on use of the Service or the content

therein;

- Violating any Applicable Law or encouraging any conduct that could lead to such a violation, constitute a criminal

offense or give rise to civil liability;

- Removing any copyright, trademark or other proprietary or intellectual property right notices contained in or on the

Service; and/or

- Executing any form of network monitoring or running a network analyzer or packet sniffer or other technology to

intercept, decode, mine or display any packets used to communicate between the Service’s servers or any data not

intended for you.

Improper use of the Services may result in civil or criminal liabilities to you or the termination of access by us to the

Services.

1. Intellectual Property

A. Your Rights. Subject to the terms and conditions of this Agreement, you are hereby granted a non-exclusive, nontransferable, non-sublicensable, and revocable license to access and use the Service solely for your own internal use.

Company reserves all rights not expressly granted herein in the Service. Except as expressly set forth herein, no rights or

licenses are granted to you under this Agreement, whether by implication, estoppel or otherwise.

B. Company Rights.

User Content License. You expressly grant, and you represent and warrant that you have all rights necessary to

grant, to Company a royalty-free, fully paid-up, fully sublicensable (through multiple tiers of sublicensees), fully

transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, distribute, modify, reproduce, publicly

display, publicly perform and create derivative works of all information, data, materials, and content you provide to

Company (collectively, “User Content”), and Company will be free to use and exploit such User Content without

obligation or liability to you, financial or otherwise, for the purposes of (i) providing the Service, (ii) marketing, selling

or otherwise providing products and services using the Service, or (iii) developing, maintaining, supporting or

improving the Service. You agree that all User Content is non-confidential and may be used, collected, stored,

shared, or otherwise exploited by us or on our behalf without limitation, including without limitation in order to provide

the Service. Company aggregates User Content with other data and also collects technical information and data

about your use of the Service. You expressly agree that Company may use any aggregated and anonymized data

for any purpose during or after the term of this Agreement, including without limitation to develop and improve the

Service or otherwise develop and improve Company services and products.

C. Proprietary Rights. The Service is owned and operated by Company, and the Service (and all intellectual property and

other rights relating thereto) is and will remain the property of Company. The Service is protected by U.S. and international

copyright, trademark and other Applicable Laws, and you acknowledge that these rights are valid and enforceable. The

Service may be used by you solely to the extent expressly permitted in this Agreement. Use of the Service by you for any

other purpose is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Service.

The trademarks, trade names, service marks, brands, logos, and trade dress displayed on the Service (collectively, the

“Company Trademarks”) are the registered and unregistered intellectual and proprietary property of Company and/or

others. Nothing contained in this Agreement or the Service should be construed as granting, by implication, estoppel, or

otherwise, any license or right to use any Company Trademark(s) without the express written permission of Company or

the third-party owner of any such Company Trademark.

D. User Content. You are solely responsible for any User Content that you submit, post, or display on or via the Service.

Without limitation to the restrictions set forth in Section 3, you represent and warrant that: (i) you own the User Content or

otherwise have the right to grant the rights and licenses set forth in this Agreement; (ii) the use of your User Content does

not and will not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy

rights, publicity rights, copyrights, trademark and/or other intellectual property rights; (iii) the User Content does and will

comply with Applicable Law. You acknowledge and agree that your relationship with Company is not a confidential,

fiduciary, or other type of special relationship, and that your decision to submit any User Content does not place Company

in a position that is any different from the position held by members of the general public, including without limitation with

regard to your User Content.

D. Image Release. If your name, voice, image, persona, likeness, or performance is included in any User Content, you

hereby waive, and release Company, its service providers, and its and their respective sublicensees from, any claim or

cause of action, whether known or unknown, for defamation, copyright infringement, invasion of the rights of privacy,

publicity, or personality, or any similar claim arising out of the use of User Content in accordance with the license in this

Section 4 and the other provisions of this Agreement.

1. Third-Party Links

The Service may provide you with access to or use of third party websites, databases, networks, servers, information,

software, programs, systems, directories, applications, products or services, videos, graphics, testimonials, content and

materials, including without limitation, other websites, apps and/or platforms or content made available by other users of

the Service (hereinafter “Third-Party Offerings”).

Company is not responsible for any Third-Party Offerings, including with respect to their content, operation or use. By

linking or otherwise providing access to any Third-Party Offerings, Company does not give any representation, warranty or

endorsement, express or implied, with respect any Third-Party Offerings, including with respect to the legality, accuracy,

quality or authenticity of content, information or services provided thereby.

Third-Party Offerings may have their own terms of use and/or privacy policy and may have different practices and

requirements than Company with respect to the Service. You are solely responsible for reviewing any terms of use,

privacy policy or other terms governing your use of these Third-Party Offerings, which you use at your own risk. You are

advised to make reasonable inquiries before entering into any transaction, financial or otherwise, and whether online or

offline, with any third party related to any Third-Party Offerings.

When using Third-Party Offerings, you are solely responsible for protecting yourself from fraud and for protecting your

computer systems from viruses, worms, Trojan horses, and other harmful or destructive content and material that may be

included on or may emanate from any Third-Party Offerings.

Company disclaims any and all responsibility or liability for any harm resulting from your use of Third-Party Offerings, and

you hereby irrevocably waive any claim against Company with respect to the content or operation of any Third-Party

Offering.

1. Competency

You hereby affirm that you are at least 18 years old and are fully able and competent to enter into the terms, conditions,

obligations, affirmations, representations and warranties set forth in this Agreement and to abide by and comply with this

Agreement.

1. Privacy Policy

Your use of the Service shall be subject to Company’s Privacy Policy (the “Privacy Policy”), which can be accessed at:

https://www.fishfortmorgan.com/privacy-policy. You expressly consent to the practices described in the Privacy Policy.

Company reserves the right to modify the Privacy Policy in its discretion from time to time. Access to or use of the Service

after any such changes shall constitute your agreement to such changes.

1. Term & Termination

This Agreement is effective from the date on which you first access the Service and shall remain effective until terminated

in accordance with its terms. Company may immediately terminate this Agreement, and/or your access to and/or use of

the Service, or any portion thereof, at any time and for any reason, with or without cause, without prior notice. Company

may also terminate this Agreement immediately if you fail to comply with any term or provision of this Agreement. Upon

termination of this Agreement, your right to access and use the Service shall immediately cease and you shall cease all

access to and use of the Service. In the event of termination of this Agreement for any reason, Sections 1, 2, 3, 4(B)-(D),

and 5–16 shall survive, except that you shall no longer have any right to access or use the Service.

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service,

or any part or portion thereof, with or without notice to you. You agree that we shall not be liable to you or to any third

party for any modification, suspension or discontinuance of the Service, or any part or portion thereof. Nothing in this

Agreement shall be construed to obligate Company to maintain and support the Service, or any part or portion thereof,

during the term of this Agreement.

1. Bookings

You must be 18 or older in order to purchase any product or service made available to you through the Service

(“Bookings”). If you are under 18, you may use the Service only under the supervision of and with the involvement and

authority of a parent or guardian that manages the account, and your parent and/or guardian agrees to be, and will be,

held jointly and severally liable for any claims arising from you use of the Service. You agree that an order for a Booking is

an offer to purchase, under this Agreement, all Bookings listed in your order. All orders must be accepted by us or we will

not be obligated to sell the Booking to you. We may choose not to accept orders at our sole discretion, even after we send

you a confirmation email with your order number and details of the Booking you have ordered. All orders are subject to our

acceptance and Booking availability.

Your total price for the Booking will be stated on your purchase receipt and/or in a confirmation of your order by way of email to the address you provide during the checkout process. Terms of payment are within Company’s sole discretion,

and, unless otherwise agreed to by Company, payment must be received by Company prior to Company’s acceptance of

an order for a Booking. We may use third-party service providers to process transactions on the Service and all payments

for a Booking must be made in the manner specified by such third-party service providers. Any price offers or

advertisements given by Company will be valid for the period stated on the offer or advertisement, with the exception that

Company reserves the right to reject any sale at any time and for any reason, including without limitation for a misprint in

the price offer or advertisement. Prices offered or advertised do not include shipping and handling or applicable sales

taxes, which will be added to the price you pay.

Company may revise pricing for any Booking or revise or discontinue any Booking at any time. Company will deliver

Booking that have similar characteristics of the Booking you ordered, but differences between what is delivered and what

is described online are possible.

All Bookings are non-refundable.

In the event a Booking is listed at an incorrect price due to a typographical error, entry error, error in pricing information

received from our suppliers, or other similar error, Company shall have the right to refuse or cancel any orders for such

Booking. Company shall also have the right to refuse or cancel any portion of or all of your orders if we determine, in our

sole discretion, that you are in breach of this Agreement. Company reserves the right to refuse or cancel any such orders

whether or not the order has been confirmed. We will notify you of any cancellation and you will not be charged for any

cancelled orders. Without limiting the provisions of Sections 5 or 10, we do not warrant that any Booking description or

other information, material, or content accessible using the Service will be accurate, complete, reliable, current, or errorfree.

All Bookings are subject to our cancellation and refund policy https://www.fishfortmorgan.com/fort-morgan-fishing-charterrates.

All participants in Bookings may be required to enter into a liability waiver prior to a Booking being accepted.

1. Disclaimers

THE SERVICE AND ALL BOOKINGS ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” AND

WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND ALL WARRANTIES, EXPRESS OR

IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, ACCURACY,

COMPLETENESS, QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES

THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE, AND ANY

WARRANTIES THAT THE SERVICE IS CURRENT AND/OR UP-TO-DATE, ALL OF WHICH ARE HEREBY EXPRESSLY

DISCLAIMED TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW.

THERE IS NO WARRANTY, REPRESENTATION, OR GUARANTEE THAT THE SERVICE, ANY BOOKING, OR YOUR

USE OF THE SERVICE OR ANY BOOKING, OR ANY INFORMATION, MATERIAL, OR CONTENT ACCESSIBLE USING

THE SERVICE, WILL BE UNINTERRUPTED, COMPLETE, ACCURATE, CURRENT, RELIABLE, ERROR-FREE,

SECURE, OR THAT ANY PROBLEMS WILL BE CORRECTED, OR THAT THE SERVICE, OR ANY INFORMATION,

SOFTWARE, OR OTHER MATERIAL ACCESSIBLE FROM THE SERVICE, IS FREE OF VIRUSES OR OTHER

HARMFUL COMPONENTS. WE DO NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATION REGARDING

THE USE OF, OR THE RESULTS OF THE USE OF, THE SERVICE AND YOU ASSUME ALL RESPONSIBILITY AND

RISK FOR YOUR USE OF THE SERVICE AND YOUR RELIANCE THEREON.

1. Limitation of Liability

NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY OF ANY KIND, NEITHER

US NOR ANY OF OUR AGENTS, SUCCESSORS, OR ASSIGNS, NOR OUR OR THEIR DIRECTORS, OFFICERS,

EMPLOYEES, CONSULTANTS, OR OTHER REPRESENTATIVES, ARE RESPONSIBLE OR LIABLE FOR ANY

INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER INDIRECT DAMAGES (INCLUDING

WITHOUT LIMITATION ANY LOSS OF PROFITS, LOST SAVINGS, OR LOSS OF DATA) UNDER ANY CONTRACT,

NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY MANNER TO THE

SERVICE OR ANY LINKED WEBSITE, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF

SUCH DAMAGES OR LIABILITIES. OUR MAXIMUM AGGREGATE LIABILITY TO YOU SHALL NOT EXCEED TEN

DOLLARS ($10).

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES AND/OR LIABILITIES,

SO CERTAIN OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.

1. Indemnification

You agree to fully indemnify, defend (at Company’s request), and hold harmless Company, our agents, successors, and

assigns, and our and their directors, officers, employees, consultants and other representatives (collectively, the

“Company Parties”) from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees)

and other expenses that arise directly or indirectly out of or from: (A) your actual or alleged breach of this Agreement; (B)

any allegation that any User Content or other materials you submit to us or transmit to the Service infringe,

misappropriate, or otherwise violate the copyright, patent, trademark, trade secret or other intellectual property or other

right of any third party; (C) your activities in connection with the Service, any Third-Party Offering, or any other website to

which the Service is linked; (D) your negligence or willful misconduct; (E) your use of the results, content, data, or

information provided via the Service; (F) any service or product offered by you in connection with or related to your use of

the Service; and/or (G) your violation of any Applicable Law.

1. Jurisdictional Issues

Company makes no representation that the Service operates (or is legally permitted to operate) in all geographic areas or

that the Service is appropriate or available for use in other locations. Accessing the Service from territories where the

Service or any content or functionality of the Service or portion thereof is illegal is expressly prohibited. If you choose to

access the Service, you agree and acknowledge that you do so on your own initiative and at your own risk and that you

are solely responsible for compliance with all Applicable Laws. The Service is operated from the United States. If you are

located outside of the United States and choose to use the Service or provide your User Content to us, your User Content

will be transferred, processed, and stored in the United States. U.S. privacy laws may not be as protective as those in

your jurisdiction. Your agreement to the terms of this Agreement or your submission of your User Content in connection

with the Service represents your agreement to this practice. If you do not want your User Content transferred to or

processed or stored in the United States, you should not use the Service.

1. Choice of Law and Forum

This Agreement shall be governed by, and construed and interpreted in accordance with applicable federal law, and the

laws of the State of Company State without regard to conflict of laws principles AND WILL SPECIFICALLY NOT BE

GOVERNED BY THE UNITED NATIONS CONVENTIONS ON CONTRACTS FOR THE INTERNATIONAL SALE OF

GOODS, IF OTHERWISE APPLICABLE. The parties irrevocably consent to bring any action to enforce this Agreement in

the federal or state courts for Company State, and you consent to the exclusive jurisdiction of the federal or state courts

for Company State.

1. Miscellaneous

If any provision of this Agreement is held to be invalid or unenforceable by a court of competent jurisdiction, then the

remaining provisions will nevertheless remain in full force and effect, and such provision will be reformed in a manner to

effectuate the original intent of the parties as closely as possible and remain enforceable. If such reformation is not

possible in a manner that is enforceable, then such term will be severed from the remaining terms, and the remaining

terms will remain in effect.

This is the entire Agreement between you and us relating to the subject matter herein and

supersedes any and all prior or contemporaneous written or oral agreements between you and us with respect to such

subject matter. This Agreement may not be changed, waived or modified except by Company posting such changes,

waivers or modifications within the Services. If any employee of Company offers to modify this Agreement, he or she is not

acting as an agent for Company or speaking on Company’s behalf. You may not rely, and should not act in reliance on,

any statement or communication from an employee of Company or anyone else purporting to act on Company’s behalf.

This Agreement is between you and Company; there are no third-party beneficiaries. You are responsible for compliance

with all Applicable Laws, including without limitation United States export and import regulations. You may not use the

Service if you are a resident of a country embargoed by the United States or are a foreign person or entity blocked or

denied by the United States government. No agency, partnership, joint venture, employee-employer or franchiserfranchisee relationship is intended or created by this Agreement. Neither this Agreement nor any right, obligation or

remedy hereunder is assignable, transferable, delegable or sublicensable by you except with Company’s prior written

consent, and any attempted assignment, transfer, delegation or sublicense shall be null and void. Company may assign,

transfer or delegate this Agreement or any right or obligation or remedy hereunder in its sole discretion. Company shall

not be in breach of this Agreement nor liable for any delay in performing, or failure to perform, any of its obligations under

this Agreement, if such delay or failure result from events, circumstances or causes beyond its reasonable control. No

waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent

breach or default. Except as explicitly stated otherwise, legal notices shall be served, in the case of Company, at

trickemcharters@gmail.com or 1577 AL-180 Gulf Shores, AL 36542, USA or, in your case, to contact information you

choose to provide us, whether through your Account or otherwise. Notice to you shall be deemed given 24 hours after the

email is sent. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience,

and in no way defines or explains any section or provision hereof. Guidesly, Inc. is a third-party beneficiary of this

Agreement and may exercise all rights and benefits of and enforce all provisions of this Agreement.

1. SMS Terms and Conditions

You may register and subscribe to receive mobile alerts from Company or our service providers. By subscribing, you

expressly consent to receive autodialed SMS alerts and notifications on your mobile device from us. By signing up for text

alerts you agree to these SMS Terms and Conditions. When you opt-in to the service, we will send you an SMS message

to confirm your signup. Our messaging service will be used for marketing communications (including company updates,

events and sales) You may opt-out of our SMS communications at any time by texting “STOP” to our designated short

code where you are receiving messages from. After you text “STOP” to us, we will send you an SMS message to confirm

that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again,

just sign up as you did the first time and we will start sending SMS messages to you again.

Message and data rates may apply. While Company does not charge for these communications, there may be other

applicable charges as a result of a SMS. You are solely responsible for all charges and fees (including standard message

and data rates) associated with SMS imposed by your wireless provider for messages sent between you and company or

our service providers.

Even within a coverage area, factors beyond our control or your wireless carrier’s control may interfere with message

delivery. Neither your wireless carrier nor Company nor our service providers are liable for delayed or undelivered

messages.

These communications are offered on an “as-is” basis and may not be available in all areas, at all times, or on all mobile

providers. You agree that neither Company nor our service providers will be liable for any failed, delayed, or misdirected

delivery of any mobile message or information sent through these communications.