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Terms and Conditions

Terms and Conditions

Hunt Den, LLC

 

Scope of Terms and Conditions

Hunt Den, LLC (“Hunt Den”, “we” and “us”) provides an online platform that allows landowners and/or hunt clubs to advertise their land for the purpose of gaming, hunting, fishing or other outdoor activities. The online platform is accessible at www.huntden.com and any other websites and services owned or operated by Hunt Den, LLC, that it may own or operate in the future (collectively the “Websites” and/or the “Site”).  These terms and conditions apply to your use of the Websites (regardless of the manner in which, or the device from which the Websites are accessed).  All services and resources offered, made available or enabled through the Websites by Hunt Den or third-party service providers featured on the Websites shall be referred to as the “Service” and all references to the Websites in these terms and conditions are for the Service.

Terms of Service

By accessing and/or utilizing the Site and/or Service, you are legally bound by the terms and conditions, and all other policies of the Site (collectively, the “Terms and Conditions” or “Terms”) whether or not you become a Registered User of the Service.

These Terms govern your access to and use of the Service and Websites, and constitute a binding legal agreement between you and Hunt Den. THE SITE AND SERVICE COMPRISE AN ONLINE PLATFORM THROUGH WHICH LANDOWNERS AND HUNT CLUBS MAY CREATE LISTINGS FOR PROPERTIES AND HUNT CLUB MEMBERSHIP, GUESTS TO THE SITE MAY LEARN ABOUT LISTINGS, AND USERS MAY BOOK PROPERTIES DIRECTLY WITH THE LANDOWNERS AND/OR CONTACT HUNT CLUBS TO INQUIRE ABOUT MEMBERSHIP. YOU UNDERSTAND AND AGREE THAT HUNT DEN IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN LANDOWNERS, HUNT CLUBS AND USERS, NOR IS HUNT DEN A REAL ESTATE BROKER, AGENT OR INSURER. HUNT DEN HAS NO CONTROL OVER THE CONDUCT OF LANDOWNERS, HUNT CLUBS, USERS, GUESTS AND OTHER USERS OF THE SITE AND SERVICE OR ANY PROPERTIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW. IF YOU CHOOSE TO CREATE A LISTING ON HUNT DEN, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH HUNT DEN IS LIMITED TO BEING A LANDOWNER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF HUNT DEN FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF HUNT DEN. HUNT DEN DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A LANDOWNER OR HUNT CLUB, YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FOR THE BENEFIT OF HUNT DEN, INCLUDING BY INAPPROPRIATELY USING ANY HUNT DEN INTELLECTUAL PROPERTY. YOU ACKNOWLEDGE AND AGREE THAT, BY ENGAGING IN AN ACTIVITY VIA THE SERVICE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE THE SERVICE, WHETHER OR NOT YOU ARE A LANDOWNER, REGISTERED USER, GUEST, OR USER. If you accept or agree to these Terms on behalf of a company or other legal entity by continued use of the Service, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Definitions

“User” or “you” means both (a) the individual now registering as a user of the Site or the existing user of the Site now agreeing to these Terms, as the case may be, and (b) if applicable, the company or other business or governmental agency or land management entity specified by you as the User (any such entity, “Your Company”)

“Content” means all information, data, communications, downloads, files, text, images, photographs, graphics, videos, webcasts, publications, content, tools, resources, advertising materials, promotional materials, contest materials, pricing information and programs made available or enabled via the Website, and may include Content provided by Hunt Den, by Users or by other third parties.

“Listing” means an Opportunity that is offered by one User to another through the Site.

“Opportunity” may mean any of the following, as offered to a User, prospective hunt club member, renter, lessee or licensee thereof: (a) land or an object, building, etc. on land, (b) an activity that may be undertaken on physical property, such as hunting or fishing, (c) services, such as guided experiences, (d) membership in a hunt club, and (e) such other activities as may be offered from time to time.

“Service” means all services and resources offered, made available or enabled via the Site by Hunt Den or third-party service providers featured on the Site.

Consent

You hereby represent that you are at least 18 years of age and/or the age of legal majority in your state or country of residence. You represent that you have legal authority to form binding contracts under applicable law on behalf of yourself or Your Company (if applicable). You agree that you will not allow others to use your account, nor will you use your account or the Site on an outsourcing basis or on behalf of third parties. If Hunt Den requests your reasonable assistance in connection with a claim that is made against it, you agree to provide such assistance. We will reimburse you for any reasonable out-of-pocket expenses that may be associated with such assistance (for example, photocopies and long-distance charges), but we will not make reimbursement for your time. Likewise, we will not pay the fees of any third party you may engage to assist you, such as legal or accounting fees

We hereby grant you a limited, revocable, non-exclusive license to access and use the Site, the Content and the Service solely for the purpose of advertising an Opportunity, searching for an Opportunity, connecting with another User for the purpose of negotiating the purchase, rental, lease or license of one or more Opportunities, using the Service and any other purposes clearly stated on the Site, all in accordance with these Terms. Any use of the Website, Content or Service that is not for one of these purposes or otherwise in accordance with these Terms or as otherwise authorized by us in writing is expressly prohibited.

Registration on the Site

You will be required to register on the Site, thereby becoming a “Registered User” in order to access certain Services or Content. In order to be eligible to register, you must meet the following requirements:

You must be a human. Accounts registered by “bots” or other automated methods are prohibited.

You must provide all of the information requested by Hunt Dent in order to complete the registration process. Handling of such information will be conducted in accordance with the Hunt Dent Privacy Policy (“Hunt Dent Privacy Policy”). You will also be required to create login credentials (username, password and other required information).

You are responsible for maintaining the security of your account, username and password. Hunt Dent will not be liable for any loss or damage from your failure to comply with this security obligation. If you become aware of any unauthorized use of your account or any other breach of security, you shall notify Hunt Dent immediately.

All required registration information that you provide must be current, complete
and accurate and kept up to date.

You are responsible for all content posted and activity that occurs under your account (even when content is posted by others who have accessed the Site through your account).

You may be able to access and use the Site by logging into your account via third party social networking sites (such as Facebook, Google+, and Twitter) (collectively, “Social Media Platforms”). You may be able to link your account with us through such Social Media Platforms (your “SMP Account”). You represent that you have the right to disclose your SMP Account login information to us through the Site or Services, and to allow Hunt Dent to access your SMP Account. You represent and agree that Hunt Dent has the right to, and may access, make available, store and use any Content that you have provided to and stored in your SMP Account. You have the ability to disable the connection between your Hunt Dent account and your SMP Account at any time.

Rejection, Suspension and Termination

We reserve the right to reject your User registration, to suspend or terminate your registered account, or to otherwise block, restrict, disable, suspend or terminate your access to all or part of the Site at any time in our sole discretion, without prior notice or liability to you. If we believe your actions may cause us or other Users liability, harm or loss, we reserve the right to notify other Users of your actions.  Should you object to any action taken or not taken by us, or become dissatisfied with the Site and related Services in any way, your only recourse is to immediately: (1) discontinue use of the Site and Services; (2) terminate your account; and (3) notify us of termination. You may terminate these Terms and your account with us only if you do not have active transactions on the Site. At any such time, you may terminate these Terms and your account by notifying us in accordance with the Notices section below. In addition, your account will be deemed inactive and closed if there is no activity on your account for two years or more. In the event your account is closed or terminated it will be marked inactive in our systems, but we will not delete your User information or transaction history without first notifying you or three years from the date of termination.

Email and Mobile Communications Consent

The Site may contain Services and features that are available to certain mobile phones or devices. Your carrier’s normal rates and fees apply. If Hunt Dent charges you for a mobile Service, you will first be notified and asked to accept any charges. Not all mobile Services will work with all carriers or devices. You should check the rates and services offered by your carrier. By using Hunt Den’s mobile Services, you agree that Hunt Den may communicate with you by electronic means to your mobile device and that certain information about your use of these Services may be shared with us. If you change or deactivate your mobile phone number, you must promptly update your account information to ensure that we don’t send your messages to a different person. If you wish to not be contacted by Email or Mobile, please notify us in writing at info@huntden.com.

Input to the Site

Portions or features of the Site will allow you to contribute or otherwise provide Content to the Site. You represent and warrant that all information given to us, posted to or otherwise made available by you on the Site (including your name, address and other information associated with your account (collectively, “User Information”), and all information communicated to the users of the Site, is true, accurate, up-to-date and not misleading. Subject to the express limitations herein, you grant Hunt Den and other Users an unrestricted, irrevocable, non-exclusive, worldwide, royalty-free and fully paid up license to use, reproduce, publicly display, publicly perform, copy, edit, modify, translate, reformat, transmit and distribute your Content, with or without having your name attached thereto, in any manner or form and for any lawful purpose. You agree that Hunt Den shall not be liable for any damages arising out of or related to your Content. You represent and warrant that you own all right, title and interest in and to the Content that you post, or that you own or control, or have received the necessary licenses or other rights to, contribute such User Information to the Site. We have the right, in our sole discretion (but have no obligation), to monitor, edit, refuse to post, or remove any Content you post to the Site. You consent to our disclosure of your registration information or Content that you provide if and to the extent that such disclosure is required in order to comply with applicable law, regulation, legal process or governmental request.

You expressly agree that none of the Content that you contribute or otherwise provide to the Site or in the use of the Services shall be illegal, defamatory, obscene, threatening, harassing, bullying or disparaging, and acknowledge that your violation of any these commitments will be ground for the immediate removal of your Content, and the possible cancellation of your access to the Site and the Services, and that you shall not be entitled to any refunds or other compensation of any kind in such circumstances.

Hunt Den will use and protect your personal information, such as your name, address and credit card information, in accordance with the Hunt Den Privacy Policy, the contents of which are incorporated by reference into these Terms.

Facilitation of Service

Hunt Den is not an owner or operator of the listings, nor the properties reflected in the listings, and Hunt Den does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties or land.  Likewise, Hunt Den does not endorse any hunt club that offers membership opportunities on the Site, and each User shall negotiate such membership opportunity directly with the hunt club. Unless explicitly specified otherwise, Hunt Den’s responsibilities are limited to facilitating the availability of the Service. Hunt Den is not responsible for and disclaims any and all liability related to any and all listings or Opportunities accordingly, any bookings or hunt club memberships will be made or accepted at the User’s own risk. We do not own or manage, nor can we contract for, any Opportunity listed on the Sites. The Site is a venue for facilitating the purchase, rental, booking, membership, leasing or licensing of Opportunities between Users. We are not a party to any agreement or transaction between Users, and we do not endorse or vouch for the bona fides, trustworthiness or financial stability of any User by virtue of the fact that such User access our Site or uses our Services to engage in any transaction. As a result, any part of an actual or potential agreement or transaction between Users, including the quality, condition, safety, or legality of the Opportunities advertised, the truth or accuracy of the Listings (including the Content thereof or any property or guest book review), the ability of a User to offer an Opportunity or to pay for one, are solely the responsibility of, and solely at the risk of, each User. You acknowledge and agree that you may be required to enter into a separate agreement and/or waiver prior to purchasing an Opportunity.

 

Listings

If you create a Listing, you must provide complete information for all required entries. Our Listings are made publicly available. You may not materially change any of the terms of the Opportunity (including the fee for the Opportunity) after another User has contacted you to negotiate the purchase, lease, or licensing of the Opportunity. You are responsible for all Listings you post. You represent and warrant that you have the legal right to offer the Opportunity and that offering the Opportunity will not breach any agreement or understanding that you may have with any other person or entity, and that another User’s purchase, lease or licensing of the Opportunity will not violate any laws. Hunt Den expressly disclaims any responsibility or liability that may arise out of or relate to use of your property, hunt club membership, or services and encourage you to obtain, maintain and understand the limits of your appropriate insurance therefor. We further disclaim any liability for any feedback that you may receive or that may be communicated to third parties regarding the User’s or any other person’s experience in utilizing the Opportunity, and consent to the posting of photos thereof, so long as such photos comply with the requirements of these Terms. All payments for Opportunities purchased on the Sites shall be remitted directly to the seller of such Opportunity. You agree that you will not bid on any Opportunity unless you can purchase it in accordance with all applicable legal requirements, and you agree that the use of the Opportunity will be conducted in compliance with all applicable laws. You represent and warrant that you are bidding on all Opportunities only for your own account and not for the benefit of any third party. If you negotiate for and purchase, lease or license any Opportunity, you acknowledge and agree that we have NOT vetted the identity of the User offering such Opportunity, his/her/its legal right to offer the Opportunity, or the Opportunity itself and the legality thereof. IT IS YOUR RESPONSIBILITY TO CONDUCT APPROPRIATE DUE DILIGENCE ON THESE ITEMS AND ANY OTHER OPPORTUNITIES OR SERVICES AVAILABLE THROUGH THE SITE, AND TO ENGAGE ADVISORS TO ASSIST YOU AS NECESSARY. You acknowledge and agree that any remedy you may seek arising out of or relating to an action or omission of another User will be limited to claims against such a User, and that you will not seek to hold Hunt Den liable therefor.

Title, Possession, Ownership and Agency

You acknowledge and agree that Hunt Den does not take title to or possession of any Opportunity (or any land, property or real estate therein) being sold, rented, leased or licensed on the Site, and we are not a principal in the transactions facilitated through the Site, nor are we your agent or an agent of any User. Because we are not and cannot be involved in dealings between Users of the Site, in the event that you have a dispute with another User, you hereby release us, our directors, officers, employees, managers and agents from and against any and all claims, demands and damages (actual and consequential, and including attorneys’ fees) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”

 

Fees & Taxes

All fees are paid directly from one User to another User for the purchase, lease, or licensing of the Opportunity.  Hunt Den does not collect a fee or commission from the User related to the purchase, lease, or licensing of the Opportunity.  Hunt Den may provide access to a third-party payment system (e.g. PayPal, Stripe, etc.) to facilitate payment between Users (“Payment System”).  Hunt Den shall not be liable for the performance or functionality of the Payment System utilized by the User.  In the event that a User utilizes a Payment System, the User agrees to abide by any requirements, terms and/or conditions set forth by the Payment System.  You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from the use of a Payment System.  

You agree that Hunt Den bears no responsibility for the reporting, payment, collection and remittance of any sales/use tax, VAT tax, transaction tax, transfer tax or any other fee or tax that may be assessed on any sale or transaction conducted through the Site by any jurisdiction having taxing authority over the sale or transaction. You agree to defend, indemnify and hold us harmless from and against any and all liabilities, damages and costs that may result from inadequate reporting, payment, collection or remittance by you of any taxes relating to transactions conducted on the Site, except taxes imposed on or measured by our income.

Intellectual Property Ownership

The Site, Service, and other related Hunt Dent content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Service and other related Hunt Den content, including but not limited to all associated intellectual property rights, are the exclusive property of Hunt Den and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Service, or other related Hunt Den content. All trademarks, service marks, logos, trade names, and any other proprietary designations of Hunt Den used on or in connection with the Site or Service are trademarks or registered trademarks of Hunt Den in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site or Service are used for identification purposes only and may be the property of their respective owners.

User Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit content on the Site (“User Content”). By making available any User Content on or through the Service, or through Hunt Den promotional campaigns, you hereby grant to Hunt Den a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such User Content to use or further the use of the Service. Hunt Den does not claim any ownership rights in any User Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any User Content. You acknowledge and agree that you are solely responsible for all User Content that you make available through the Service. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all User Content that you make available through the Service and you have all rights, licenses, consents and releases that are necessary to grant to Hunt Den the rights in such User Content, as contemplated under these Terms; and (ii) that neither your posting, uploading, publication, submission or transmittal of the User Content or Hunt Den’s use of the User Content (or any portion thereof) on, through or by means of the Service will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

 

Third Party Integrations

Some portions of the Hunt Den platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Survival of Terms and Termination

You may end your legal agreement with Hunt Den at any time by deactivating your account and discontinuing your use of the Service. See the Privacy Policy for more information on what happens to your information. We may suspend or terminate your account or cease providing you with all or part of the Service at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us or other Users; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the provisions of these Terms that reasonably should survive termination will remain in effect

 

Disclaimers

IF YOU CHOOSE TO USE THE SERVICE WHETHER AS A USER, HUNT CLUB, OR LANDOWNER, YOU DO SO AT YOUR SOLE RISK. EXCEPT AS PROVIDED IN THESE TERMS, EACH USER, HUNT CLUB OR LANDOWNER IS SOLELY LIABLE FOR HIS/HER USE OF THE SERVICES. THE SERVICE IS PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HUNT DEN EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HUNT DEN MAKES NO WARRANTY THAT THE SERVICES OR CONTENT, INCLUDING, BUT NOT LIMITED TO, THE OPPORTUNITY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HUNT DEN MAKES NO WARRANTY REGARDING THE QUALITY OF ANY OPPORTUNITY, PROPERTIES, THE SERVICES OR CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THROUGH THE SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUNT DEN OR THROUGH THE SERVICE, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICE, INCLUDING WITHOUT LIMITATION HUNT CLUBS AND LANDOWNERS, AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE. YOU UNDERSTAND THAT HUNT DEN DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OR TO REVIEW OR VISIT ANY PROPERTY OR HUNT CLUB.  HUNT DEN MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SERVICE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HUNT DEN. HUNT DEN EXPRESSLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY LANDOWNER, HUNT CLUB, USER, GUEST OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICE, YOUR LISTING OR BOOKING OF ANY PROPERTY OR HUNT CLUB VIA THE SERVICE, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HUNT DEN WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HUNT DEN NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SERVICE WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SERVICE, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SERVICE, OR BOOKING OF ANY PROPERTY OR HUNT CLUB VIA THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUNT DEN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to release, defend, indemnify, and hold Hunt Den and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Service, or User Content or your violation of these Terms; (b) your (i) interaction with any User, hunt club, or landowner, (ii) booking of a Listing, or (iii) creation of a Listing; and (d) the use, condition, membership, or rental of a Listing by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking, membership or use of a Listing.

Entire Agreement

Except as they may be supplemented by additional Hunt Den policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between Hunt Den and you regarding the Site, Service, Content, and any Listings offered via the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Hunt Den and you regarding Listings, the Site, Service, and Content.

Notices

Except as explicitly stated otherwise, any notices you send to us shall be given by means of email to info@huntden.com or by mail to Hunt Den, LLC, 1508 Sams Cir Ste 102-514, Chesapeake VA 23320, in the case of notices we send to you, to the email address or street address listed in your User account. Notice shall be deemed given 24 hours after an electronic message is sent, unless the sending party is notified that the message did not reach the recipient or, in the case of mailing, three (3) days after the date of mailing.

 

Controlling Law and Jurisdiction

These Terms and your use of the Service will be interpreted and governed by the laws of the Commonwealth of Virginia without regard to choice of law principles. The parties agree that any action to enforce these Terms and/or related to your use of the Site or Service shall be brought in the United States District Court for the Eastern District of Virginia, Norfolk, Division, or the Circuit Court for Chesapeake, Virginia, and specifically agree to jurisdiction of such courts and venue in such courts. Hunt Den shall be entitled to recover from you its reasonable attorney’s fees and costs incurred from or related to a dispute involving these Terms, the Site and/or the Service.

General Provisions

If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be enforced to the maximum extent permissible so as to put into effect the intent of these Terms, and the remainder of these Terms shall continue in full force and effect. The failure by either party to exercise or enforce any rights or provisions of these Terms shall not constitute a waiver of such right or provision. These Terms, including any other applicable terms and conditions or rules that govern your use of this Site or individual Services, which are either incorporated here in by specific reference or posted on the Site from time to time, comprise the entire agreement between you and Hunt Den and supersede all prior representations, agreements or statements between us, written or oral, regarding the subject matter contained herein. All provisions in these Terms regarding representations and warranties, indemnification, disclaimers and limitations on liability shall survive any termination of these Terms. The titles and headings contained in these Terms are used for convenience only and are not intended to affect the meaning or interpretation of these Terms. These Terms are binding upon and inure to the benefit of the respective successors and assigns of the parties, but you may not assign these Terms to any person or entity without our prior written consent, which may be withheld or granted by Hunt Den in its sole and absolute discretion, and any such assignments made without consent shall be null and void. These Terms are solely for the benefit of Hunt Den, its affiliates, and you, and shall not be construed for the benefit of any third party. You and Hunt Den are independent contractors. No agency relationship, partnership, joint venture, employer- employee relationship or franchisor-franchisee relationship is intended or created by these Terms, and you may not bind Hunt Den to any agreement with any third party.

Changes to the Terms and Conditions

Hunt Den reserves the right, in its sole discretion, to change the Terms and Conditions at any time and without prior notice. We will also update the “Last Updated” date at the bottom of these Terms.

Last Updated: July 3, 2017.

 

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