Terms and Conditions

Hello, and welcome New Moon Sportfishing Updates & Promotions messaging, owned and operated by New Moon Sportfishing (“The Company”). The Company reserves the right to change the Terms of Use. The most current version will be accessible through https://newmoonsportfishing.com/

A user may sign up to The Service by texting in the keyword “FISH” to the short code 68164 . Users will opt-in to be notified of booking confirmations and charter promotions. In addition, they’ll also receive alerts with the latest news, relevant resources, blog articles and educational tips related to deep sea fishing in south Florida. 

Fees

The Company does not charge you to participate in The Service. However, message and data rates may apply from your wireless carrier. Please consult your wireless carrier for applicable text messaging fees. Under no circumstances will The Company be responsible for fees that your wireless carrier or other third parties may charge you for use of The Service. 

Privacy

The Company respects and protects your privacy. We do not share any information collected herein with any third party.  To see our Privacy Policy, click here https://newmoonsportfishing.com/privacy-policy/

Limitations on Use

New Moon Sportfishing services are intended for users age 18 and up. By registering for an New Moon Sportfishing account, you represent that you are 18 years of age or older. If you are between 13 and 18, you agree that you received parental permission both to complete the registration process and to receive content to your cell phone. We will not knowingly collect personal information of children under 18 years of age, and if we learn that we have inadvertently collected such information, we will promptly delete it. 

Supported Carriers

Supported Carriers:, Alaska Communications Systems (ACS), ASTAC (Arctic Slope Telephone Cooperative Association), AT&T, Atlantic Tele-Network International/Choice Wireless (ATNI), bandwidth.com (includes Republic Wireless), Blue Wireless, Bluegrass Cellular, Boost Mobile, Boost-CDMA, Brightlink, C Spire Wireless (aka Cellular South), Carolina West Wireless, CellCom, Cellular One of N.E. Arizona, Chariton Valley Cellular, Chat Mobility, Copper Valley Telecom, Cordova Telephone Cooperative Inc dba Cordova Wireless, Duet Wireless, East Kentucky Network (Appalachian Wireless), Enflick (TextNow), GCI Communications, Google Voice, Illinois Valley Cellular, Inland Cellular, Inteliquent, Iwireless (Iowa Wireless), Leaco Rural Telephone Cooperative, Limitless Mobile, MetroPCS (GSM), Mid-Rivers Communications, MobileNation/SI Wireless, MTA Wireless/Matanuska Kenai, MTPCS Cellular One (Cellone Nation), Nemont CDMS, Nemont US UMTS, Nex Tech Communications, Northwest Missouri Cellular, Panhandle Wireless, Pine Belt Cellular, Pine Cellular, Pioneer Cellular, Rural Independent Network Alliance (RINA), Shelcomm, SouthernLINC, Sprint, Standing Rock, Thumb Cellular, T-Mobile, TracFone (AT&T), Triangle Mobile, Union Telephone, Union Wireless, United States Cellular Corp, United Wireless, Verizon Wireless, Viaero Wireless, Virgin Mobile, West Central Wireless. 
T-Mobile is not liable for delayed or undelivered message. 

Support Issues, Canceling or Unsubscribing

You may opt out of The Service at any time by texting STOPQUITENDCANCELUNSUBSCRIBE, or STOP ALL to 68164. Alternatively, you can send an email to newmoonsportfishing@gmail.com with your mobile phone number as the subject line. For help or other support issues, you can also send an email to newmoonsportfishing@gmail.com text HELP to 68164 from your mobile phone or call the following phone number: (305) 949-9762

Ownership; Trademarks; Modifications to Offers

You agree that The Company or its partners will own all legal right, title and interest in and to The Services and any offers made through The Services, including any intellectual property rights. You agree that you shall not alter or modify any offers made through The Service, and shall not remove, obscure or alter any proprietary rights notices (including copyright or trademark notices) which made be affixed to The Services or offers made through The Services. Except as may be expressly authorized by a partner, you agree that you will not use any Trademark, service mark, trade name, or logo (“Trademarks”) of any entity in a way that is likely to or intended to cause confusion with respect to ownership of a Trademark, or that is likely to or intended to be detrimental to the goodwill in such Trademarks. 

Termination

The Company reserves the right, at our sole discretion, to terminate your subscription at any time without notice or without future obligation.

Disclaimer of Warranties

The Company makes no warranties, express or implied regarding The Service. The Service is provided “as is” and on an “as available” basis, and the Company DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Factors beyond the control of The Company including without limitation, the speed of the mobile carrier networks and the internet may affect the performance of The Service. The Company is not responsible for any acts that are beyond the control of The Company including without limitation, the acts of third parties. 

Limitation of Liability

Under no circumstances will The Company, its officers, directors, employees, or agents be liable to you for any damages whatsoever with respect to your use of The Service. Including without limitation, any direct, indirect, incidental, consequential, exemplary or special damages even if advised of the possibility of the same. To the extent that in a particular circumstance any disclaimer or limitation on damages or liability set forth herein is prohibited by applicable law, then, instead of the provisions hereof in such particular circumstance, The Company will be entitled to the maximum disclaimers and/or limitations on damages and liability available at law or in equity by such applicable law in such particular circumstance, and notwithstanding the foregoing, in no event will The Company be liable for any damages or liability arising under these terms of use or your use of The Service that exceeds US $500. 

Indemnity

You agree to indemnify and hold each Company party harmless from any claim or demand, and any damages, costs, or expenses arising in connection with such claim or demand, including reasonable attorneys’ fees and costs, made by any other party due to or arising out of your breach of this agreement or the documents it incorporates by reference, or your violation of any law or the right of another party. 

Governing Law; Venue

This agreement and its validity, construction and performance will be governed in all respects by the laws, and in the state and federal courts of the state of Delaware, without regard to its choice of law provisions. You irrevocably agree to accept the exclusive personal jurisdiction and waive any objections to the venue of such courts.

 

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