last updated September 16, 2020
THESE TERMS CONTAIN AN ARBITRATION CLAUSE AND A CLASS ACTION WAIVER, WHICH MAY AFFECT YOUR RIGHTS, SO PLEASE READ THEM CAREFULLY BEFORE USING THE SITE AND/OR SERVICES.
- License to Use Site. Hunt360 grants to you a non-transferable and non-exclusive license to use the Site and Services for permitted uses.
- Restrictions on Use. You may not use the Site or Services to: (a) license, sub-license, sell, transfer, or otherwise exploit the Site or Services; (b) alter, make derivatives of, reverse engineer, or any similar activity with respect to any part of the Site; (c) use the Site in order to compete with Hunt360; (d) copy, distribute, display, or transmit any part of the Site; or (e) use the Site or Services for any illegal purpose.
- Hunt360’s Role. The Site provides a platform for viewing and reviewing equipment, apparel, and related items for hunting and hunting-related goods. Hunt360 does not endorse or recommend any specific item. Third-party sellers (“Seller(s)”) whose goods are displayed on the Site are not agents of Hunt360 and Hunt360 is not an agent of any Seller. If you have any dispute with another user or a Seller, you agree to resolve such dispute directly with the relevant user or Seller.
- Accounts. You must register for a Hunt360 account (“Account”) and provide certain information in that process, which you warrant the accuracy and truthfulness of your provided Account information. You are responsible for ensuring the security of your Account log-in credentials and for all actions that take place by your Account. If you suspect any unauthorized conduct with respect to your Account, you agree to immediately notify Hunt360. Hunt360 is not liable for any loss or damage arising by your failure to abide by the conditions contained within this Paragraph.
Upon using the Site and/or Services, you will be prompted to disclose certain information about yourself and your service requirements, and you will be able to store information on our Site or apps. Some of this information may be sent to Sellers who will need this information to respond to your request. By providing this information to us, or by submitting a service request, you are consenting to be contacted by Hunt360 and/or Sellers via phone, fax, email, mail, or other reasonable means, at any of your contract numbers or addresses, even if you are listed on any federal, state, provincial, or other applicable “Do Not Call” list, in order that the Services may be provided, to service your Account, to reasonably address matters pertaining to your Account or for other purposes reasonably related to your Account and the Services, including marketing related emails.
- Support and Maintenance. Hunt360 does not have any duty or responsibility to provide you with support regarding the Site or Services or to otherwise maintain the Site or Services.
- Ownership of Site and Services. Hunt360 is the owner or authorized licensee of all of the intellectual property rights associated with the Site and Services, including without limitation all copyrights, trademarks, patents, and trade secrets but excluding User Submitted Content, which is defined in Section 8 below. You do not obtain any interest in any of the intellectual property associated with the Site or Services by using the Site or Services and Hunt360 reserves all rights not expressly granted herein. Any trademarks or service marks are owned by their respective owners and used with permission.
- User Submitted Content. By using the Site or creating an Account, you acknowledge and agree that any “User Submitted Content,” which means all information, including content, trademarks, and service marks, you submit or otherwise use in connection with the Site or Services, may be viewed by the general public and will not be treated as private, proprietary, or confidential. Further, you hereby grant Hunt360 and its affiliates a perpetual, nonexclusive, royalty-free, transferable, assignable, worldwide license to use, store, display, reproduce, modify, create derivative works from, perform, distribute, print, publish, disseminate, and place advertising near and adjacent to your User Submitted Content in any format or media (whether now known or hereafter created) on the Site and apps in any manner Hunt360 deems appropriate or necessary, including without limitation, your name, voice, and likeness. By creating an Account, submitting User Submitted Content, and/or using the Site, you represent and warrant to Hunt360 that you own or have all necessary rights to use your User Submitted Content and to grant the rights as stated herein.
- User Reviews. Hunt360 uses Source360 IP, LLC (“S360IP”) as its product review platform and all Reviews you submit are governed in accordance with the following terms in this Section 9. DO NOT SUBMIT ANY REVIEWS IF YOU DO NOT UNDERSTAND OR AGREE TO THE TERMS OF THIS SECTION 9. S360IP is under no obligation to use your Reviews; may change, edit, or remove your Reviews at any time for any reason or for no reason; may not permit Reviews to be edited once submitted; and may change these terms at any time.
- To submit review content (“Reviews”), you warrant and represent that:
- Your Reviews do not infringe upon or violate the rights, including intellectual property rights, of any third party and that you own any intellectual property rights contained in your Reviews;
- Your Reviews are accurate;
- You are over the age of majority (18 in most states);
- You voluntarily waive any and all “moral rights” in and/or associated with your content. “Moral rights” generally means your right to control your Reviews, including the revisions, alternation, or distortion of your Reviews;
- Your Reviews will not harm or otherwise injure any other person or entity;
- No part of your Reviews is knowingly false, inaccurate, or misleading;
- Your Reviews do not violate any law, statute, ordinance, or regulation;
- You were not paid, in cash or in kind, by any third party for your Reviews;
- Your Reviews do not reference any other websites or email addresses;
- Your Reviews do not contain any computer viruses, worms, or any other potentially damaging computer programs or files;
- You are solely responsible for all of your Reviews;
- Your Reviews do not contain any confidential information; and
- All information that you have provided about yourself is true and accurate and that you will update it in the event it is no longer true or correct.
- Indemnification. By submitting Reviews, you agree to indemnify and hold S360IP and Hunt360, and their respective parents, subsidiaries, owners, members, shareholders, officers, employees, agents, affiliates, successors and assigns harmless from any and all claims, demands, causes of action, and damages, including reasonable attorneys’ fees and costs, arising out of a breach of your warrants and representations herein or your violation of any law or third party’s rights.
- License. For all submitted Reviews, you grant S360IP a perpetual, worldwide, irrevocable, royalty-free, transferable, sublicensable right and license to use, copy, modify, delete, adapt, publish, translate, create derivative works from, sell, distribute, and incorporate any licensed content into any form, medium, or technology currently existing or hereinafter developed.
- To submit review content (“Reviews”), you warrant and represent that:
- Permitted Uses of Sites and Services. You may not use, either directly or indirectly, the Site and/or Services to:
- infringe upon the rights of any third parties, including without limitation copyrights, trademarks, patents, trade secrets, moral rights, privacy rights, publicity rights, or any other similar or related intellectual property or proprietary rights;
- violate any laws or regulations, including without limitation, any use that is unlawful, amounts to harassment, is tortious, harmful, false, defamatory, misleading, libelous, pornographic, obscene, offensive, or is otherwise offensive to common decency and/or moral standards;
- create weapons, illegal items, or any other objectionable content and/or items;
- upload, disseminate, or otherwise transmit any computer viruses, worms, or any other software designed to damage or alter computer operating system(s) and/or data;
- transmit unsolicited and/or unauthorized advertisements, promotional materials, or spam;
- collect personal information of other users such as e-mail addresses, names, addresses, phone numbers without their prior consent;
- interfere with or otherwise disrupt, in any way, servers or networks connected to the Site and/or Services in a fashion that violates such servers’ or networks’ regulation, policies, and/or procedures;
- interfere with other users’ use and enjoyment of the Site and Services;
- upload, disseminate, or otherwise transmit any software or other forms of automation, including without limitation agents and scripts, that result in the creation of multiple accounts, automated searches, requests, and/or queries, or to strip, scrape, or mine information and/or data from the Sites and/or Services (but specifically excluding, on a revocable basis, the ability of public search engines to use spiders to copy information and/or data from the Sites and/or Services for the exclusive purpose of and only to the necessary extent for creating publicly viewable and searchable indexes of such information and/or data while exempting from this revocable exclusion caches and/or archives);
- link or otherwise associate content from your site, service, or platform to the Site and/or Services without Hunt360’s prior written consent.
- Enforcement. Hunt360 reserves the right, but is under no obligation, to review User Submitted Content, including without limitation the right to review, investigate, evaluate, and/or take action against you for your User Submitted Content that, in Hunt360’s sole opinion, is in violation of these Terms or raises the possibility of liability for Hunt360. Actions Hunt360 may take include, without limitation, the removal or modification of User Submitted Content, Account deletion, and/or reporting your actions to law enforcement.
- Indemnification. You agree to indemnify and hold harmless Hunt360, its officers, members, employees, agents, and affiliates, including litigation costs, attorneys’ fees, and any other similar or related expense, from any and all claims, demands, lawsuits, or similar actions made by any third party due to or stemming from your use of the Site and/or Services, your User Submitted Content, any action in nonconformity with these Terms, and any action in violation of applicable laws or regulations. Hunt360 may, but is not obligated to, assume exclusive control, at your expense, of any matter which requires indemnification. You agree to fully cooperate with Hunt360 in the event that Hunt360 elects to take control of such action and agree not to settle or otherwise resolve any matter without Hunt360’s express written consent.
- Release. You hereby release and discharge Hunt360, its officers, members employees, agents, parents, affiliates, successors, and assigns from each and every past, current, or future dispute, claim, controversy, demand, liability, action, omission, cause of action, and/or litigation, of any kind or nature, including without limitation breach of contract, tort, intellectual property suits, personal injury, death, and/or property damage, arising out of or related to, directly or indirectly, these Terms or any other interaction with the Site and/or Services. NOTE TO CALIFORNIA RESIDENTS: USERS RESIDING IN CALIFORNIA HEREBY WAIVE THE PROVISIONS OF CAL. CIV. CODE § 1542, WHICH PROVIDES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS IN WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
- THE SITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND HUNT360 EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES AND CONDITIONS, OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR OTHERWISE, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
- HUNT360 MAKES NO GUARANTEE THAT THE SITE WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, WILL ALWAYS BE ERROR-FREE, SECURE, OR TIMELY, OR WILL BE RELIABLE, FREE OF VIRUSES OR OTHER HARMFUL DATA AND/OR INFORMATION.
- TO THE MAXIMUM EXTENT PERMITTED UNDER LAW, AS APPLICABLE, HUNT360 DISCLAIMS ANY AND ALL RESPONSIBILITY, LIABILITY, OR OTHERWISE ARISING OUT OF DEATH OR PERSONAL INJURY RESULTING FROM, DIRECTLY OR INDIRECTLY, THE USE OF THE SITE, SERVICES, OR OPERATION OF HUNT360 PRODUCTS.
- HUNT360 TAKES NO RESPONSIBILITY, NOR WILL IT BE LIABLE FOR, ANY DAMAGES TO YOUR PROPERTY, INCLUDING COMPUTER VIRUSES OR MALWARE, OR OTHER PROPERTY CAUSED BY OR STEMMING FROM YOUR USE OF THE SITE.
- SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT BE APPLICABLE IN YOUR SPECIFIC SITUATION.
- LIMITATION ON LIABILITY.
- HUNT360 SHALL NOT, IN ANY EVENT, BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY (A) LOST PROFITS; OR (B) DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR OTHERWISE RELATED TO THESE TERMS, YOUR USE OF THE SITE AND/OR SERVICES. ACCESS TO AND USE OF THE SITES AND SERVICES ARE AT YOUR OWN RISK AND DISCRETION.
- NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, HUNT360’S TOTAL LIABILITY TO YOU FOR ANY DAMAGES STEMMING FROM OR OTHERWISE RELATED TO THESE TERMS, FOR ANY REASON WHATSOEVER AND IRRESPECTIVE OF THE FORM OR FORUM, IS LIMITED TO THE AMOUNTS PAID BY YOU TO HUNT360 IN THE TWELVE (12) MONTHS PRIOR TO THE ASSERTION OF SUCH CLAIM, DEMAND, OR OTHERWISE.
- THE FOREGOING LIMITATIONS ON LIABILITY APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
- CERTAIN JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU.
- Term and Termination. These Terms shall remain in full force and effect throughout your use of the Site and Services. Hunt360 may, in its sole discretion, suspend or terminate your Account, for any reason whatsoever, and may, also in its sole discretion, terminate these Terms. Termination of your Account does not relieve you of any other of your obligations contained within these Terms.
- Intellectual Property Infringement. Hunt360 respects the intellectual property rights of others and will terminate Accounts that repeatedly infringe such rights. Hunt360 reserves the right to take down any data and/or information believed to, in Hunt360’s sole discretion, infringe upon third party rights.
- Reporting Intellectual Property Infringement. If you believe that anything on the Site unlawfully infringes upon your intellectual property rights, please notify Hunt360 at:
Intellectual Property Agent
P.O. Box 509
Perry, Georgia 31069
Email: [email protected]
- Notices provided pursuant to this Paragraph must include the following information:
- Your physical or electronic signature;
- Identification of the work(s) or rights that you claim have been infringed;
- Identification of the material on the Site or Services that you claim is infringing and are requesting to be removed;
- Sufficient information to permit us to locate such allegedly infringing material, such as a URL;
- Your address, telephone, number, and e-mail address;
- A statement that you have a good faith belief that the allegedly infringing material is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information contained in the notice is accurate and, under penalty of perjury, that you are either the owner of the copyright that has been allegedly infringed or that you are authorized to act on behalf of the intellectual property owner.
- Pursuant to 17 U.S.C. § 512(f), if the notice relates to alleged copyright infringement, any misrepresentation of material fact in a written notice subjects the complaining party to liability for damages, costs, and attorneys’ fees incurred by Hunt360 in connection with your notice and allegation of copyright infringement.
- Notices provided pursuant to this Paragraph must include the following information:
- Modification. Hunt360 may occasionally revise these Terms. In the event Hunt360 makes substantial changes to these Terms, Hunt360 may notify you via email of such changes and/or by prominently posting notices of such revisions on the Site. Revisions to these Terms are effective upon their publication and your continued use of the Site and/or Services is indicative of your acceptance of such revised Terms.
- Dispute Resolution; Arbitration. In the event that any dispute arises out of, or related to, these Terms or any other agreement between the parties, or the breach thereof, the parties agree to attempt to resolve the dispute by first negotiating in good faith. If the dispute cannot be resolved through good faith negotiation, the parties agree to then submit the dispute to a mutually agreed-upon mediator in an attempt to resolve the dispute. The place of mediation shall be Macon, Georgia. If such mediation does not resolve the dispute, the parties further agree that any unresolved dispute shall be settled by arbitration administered by the American Arbitration Association (“AAA”) in accordance with its Commercial Arbitration Rules then in effect and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of arbitration shall be Macon, Georgia. The arbitration shall be governed by the laws of the State of Georgia. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties. The parties agree that failure or refusal of a party to pay its required share of the deposits for arbitrator compensation or administrative charges shall constitute a waiver by that party to present evidence or cross-examine witnesses. In such event, the other party shall be required to present evidence and legal argument as the arbitrator(s) may require for the making of an award. Such waiver shall not allow for a default judgment against the non-paying party in the absence of evidence presented as provided for above.
- Class Action Waiver. Except as otherwise required under applicable law, the parties agree that neither of them will assert class action or representative action claims against the other, or participate in any class action or representative action claims against the other, which actions are hereby waived. Each of the parties shall only submit their own, individual claims in arbitration pursuant to Section 20 hereof and will not seek to represent the interests of any other person.
- Governing Law. These Terms, and any other agreement entered into between the parties, shall be governed by and construed in accordance with the laws of the State of Georgia, without reference to conflicts of laws principles, except to the extent that United States federal law preempts Georgia law, in which case United States federal law will apply, without reference to conflicts of law principles.
- Severability. If any portion of these Terms are found to be unenforceable by a court of competent jurisdiction, such determination shall have no effect on the remainder of the Terms, which shall continue in full force and effect.
- Electronic Communications. By creating an Account, you are expressly giving Hunt360 permission to communicate with you via electronic means and you agree that all such electronic communication, including without limitation, terms and conditions, agreements, notices, and disclosures, comply with any legal requirements to the same extent as if such communications were provided in writing.
- Headings. The headings contained in these Terms are inserted only as a matter of convenience and reference and in no way define, limit, or describe the scope or intent of these Terms and do not in any way effect its provisions.
- Hunt360 Contact. Should you have any questions regarding these Terms or would like to contact Hunt360 for any other reason, Hunt360’s address is Hunt360, LLC, P.O. Box 509, Perry, Georgia, USA 31609.