TERMS OF SERVICE
These Terms of Service may be amended from time to time. You agree to check back periodically for new information and terms that govern your use of the Services. We reserve the right to modify the Terms of Service at any time. Revisions to terms affecting existing Services shall be effective five (5) days after they have been posted at our Website. Terms for new Services are effective immediately upon posting. Your continued use of the Website following such changes signifies your acceptance of those modifications. If you do not agree to the changes, your sole remedy is to cease using the Website. If you breach any of the Terms of Service or Official Rules of any game offered on the Website, your authorization to use this Website automatically terminates.
1. ELK101 STORE ACCOUNT
A. Account Responsibility
When you create an Elk101 Store Account (“Account”), you represent that you are at least eighteen (18) years of age and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You agree to (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the “Registration Data”) and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You may modify your Registration Data by using the Edit My Profile. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we reserve the right to suspend or terminate your Account immediately and refuse any and all current or future use of the Service (or any portion thereof). You are responsible for paying all charges (plus applicable taxes) associated with the use of the Service under your Account.
B. Secrecy Obligation
To create an Account, you will need to create an Account by providing us with your name and creating a unique password. For security reasons, you password must differ from your name and may be changed whenever you deem necessary. Passwords should not be sequences of consecutive numbers (i.e. “2345678”) or letters (i.e.: “ABCDEF”). More specifically, a secure password should contain a combination of numbers, letters and, when possible, special characters. Passwords should be kept secret and periodically changed (every 2 months at the latest). We will not ask you to reveal your password, or initiate contact with you asking for answers to your password security questions.
“Content” within our Services may include software, technology, graphics, images, audio and video clips, data, music, text and other audio visual material, and the design and appearance of our Website is owned or licensed property of goHUNT or its suppliers, licensors or users (see below) and is protected by copyright, trademark, or other proprietary rights. The collection, arrangement and assembly of all Content on the Website is the exclusive property of goHUNT and protected by U.S. and international copyright laws.
In addition, Content may be provided by you or third parties, including other users of Services. We do not prescreen all Content and do not endorse, approve, or prescreen any Content that you and other users may contribute to Services, and is not responsible for the accuracy or inaccuracy of the Content. As such, all information provided is provided “as is” without any express or implied warranties, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN NO EVENT SHALL goHUNT BE LIABLE FOR ANY SPECIAL, INDIRECT, PUNITIVE OR CONSEQUENTIAL DAMAGES RESULTING FROM ANY USE OR PERFORMANCE OF OR CONTENT ERRORS OR OMISSIONS IN THE INFORMATION, EVEN IF NOTIFIED IN ADVANCE OF THE POTENTIAL FOR SUCH DAMAGES. You bear the entire risk of the completeness, accuracy or usefulness of Content found on Services.
We reserve the right to remove Content that is objectionable to us for any reason. The decision to remove Content is in our sole and final discretion. To the maximum extent permitted by applicable law, we do not assume any responsibility or liability for Content that is generated by third parties or for any failure to or delay in removing such Content.
You are solely responsible for your Content and may be held liable for Content you post.
3. INTELLECTUAL PROPERTY RIGHTS
A. Copyright Information
Content within the Services is owned and/or licensed by us and is protected by copyright, trade dress, patent, and trademark laws, international conventions, and other laws protecting intellectual property and related proprietary rights. You may not copy or download any Content from the Service unless you are authorized to do so in writing by us. You may not sell, license, modify, publish, transmit, distribute, copy, publish, edit, adapt, create derivative works from, or in any other way make unauthorized use of or exploit any of our copyrighted works without first obtaining our written consent. You may not remove, obscure, view, reproduce, print or otherwise use any of the content of this web site for anything other than your personal, informational, noncommercial use. You agree not to remove, obscure, or alter copyright, patent, trademark, or other proprietary rights notices affixed to Content. We reserve all rights in the Content that are not expressly granted to you in this Terms of Service.
Making unauthorized copies of Content found in Services may result in the termination of your Account(s), prohibition on use of Services, and further legal action. Content owners may take criminal or civil action against you for unauthorized use of intellectual property. You agree to indemnify and hold harmless us from any unauthorized or illegal conduct by you, or through the use of your Account, on Services.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act
We do not permit copyright infringing activities on this Website. We may remove any Content of any kind if properly informed that the Content infringes on another’s copyright rights. We may terminate the ability to submit Content if, under appropriate circumstances, a person submitting the Content to this Website is determined to be a repeat infringer.
The Digital Millennium Copyright Act (“DMCA”) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If you are a copyright owner or an agent for such owner and believe that your copyrighted work (or any material on this Website by third parties) infringes upon your copyrights, has been copied without your authorization and is available on this Website in a way that may constitute copyright infringement, you may provide notice of your claim to our Designated Agent listed below. For your notice to be effective, it must include the following:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
A description of the copyrighted work that you claim has been infringed upon;
A description of where the material that you claim is infringing is located on this Website that is descriptive enough to allow us to locate it on the Website;
Information reasonably sufficient to permit us to contact you or your agent, such as address, telephone number, and, if available, an e-mail address at which you or your agent may be contacted;
A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our Designated Agent is:
Attn: Chris Porter
6560 S Tioga Way Ste 150
Las Vegas, NV 89113
The Designated Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on this Website. All other inquires to the Designated Agent will not be answered. If you fail to comply with all the requirements above, your notice may not be valid.
The Elk101, Elk 101, Elk101.com and trademarks and the associated graphics, logos and service marks are the property of Outdoor Class LLC (collectively, the “Trademarks”). No license for the use of the Trademarks is granted to you under these Terms of Service or by your use of the Website. Unauthorized use of the Trademarks in any manner is strictly prohibited and may not be used without prior written consent. All other trademarks, product names, and company names and logos appearing on the Website are the property of their respective owners.
D. Rights of Publicity
You agree to our use of your name, likeness, statements, biographical information, and city and state address for advertising and promotional purposes, worldwide, and in perpetuity, in any and all forms of media, now known or hereafter devised without additional compensation, review or approval rights, notification or permission, except where prohibited by law.
IN THE EVENT OF A CONTEST/PROMOTION, YOU FURTHER ACKNOWLEDGE THAT IF YOU ARE CHOSEN AS A WINNER, YOUR IDENTIFYING INFORMATION MAYBE DISCLOSED TO THIRD PARTIES INCLUDING, WITHOUT LIMITATION, HAVING YOUR NAME PLACED A WINNERS’ LIST.
4. USER GENERATED CONTENT
The Website may permit you to voluntarily post content (“User-Generated Content”), including photographs, videos, comments, trip packages, hunting excursions/packages or other material. Posting such Content constitutes your consent to us of an irrevocable, non-exclusive, perpetual, worldwide, royalty-free, unrestricted, and unlimited right an permission, but not the obligation, to utilize, reproduce, exploit, alter, edit, distribute, publish, exhibit, digitize, broadcast, display, and prepare derivative works to the User-Generated Content, your name, your likeness, voice and biographical information, and any material based thereon or derived therefrom, in any form or media now or hereafter known for any and all purposes, without any payment to or further authorization from you.
We respect the intellectual property rights of others. You must have the legal right to upload User-Generated Content to Services. You may not upload or post any User-Generated Content on Services that is protected by copyright, trademark or other intellectual property rights unless (i) you are the owner of all of those rights; or (ii) you have the prior written consent of the owner(s) of those rights to make such use of that User-Generated Content. You grant us a royalty-free, non-exclusive, irrevocable right and license to use, exhibit, broadcast, copy, reproduce, publish, distribute, encode, compress, encrypt, incorporate data into, edit, rebroadcast, transmit, record, publicly display, and create derivative works in any Content you upload to Services and/or our Website. You waive any right to inspect or approve any material in which we may use your User-Generated Content and understand that we may crop, shape, or otherwise adjust any User-Generated Content. You represent and warrant that the User-Generated Content will not and does not violate the intellectual property rights of any third party and are legally entitled to post the User-Generated Content and to grant all relevant licenses and permissions to use the User-Generated Content herein. You agree not to take any legal action against, and release and discharge goHUNT and all of its related entities, directors, officers, employees, agents, and affiliates, or any other person or entity acting on its behalf, from all claims in connection with the use of the User-Generated Content, your name, likeness, voice or biographical information, as contemplated herein. You understand and agree that such User-Generated Content may be accessed and viewed by others, including by the general public, and, whether or not such Content is published, we do not guarantee any confidentiality with respect to any User-Generated Content. You are solely responsible for your own User-Generated Content and the consequences of their publication on this Website or elsewhere (assuming we choose or allow them to be posted once submitted). We reserve the right to determine in our sole discretion whether User-Generated Content is appropriate; whether it complies with these Terms of Service, our standards, and applicable laws; and whether they may be posted or removed. We may, without prior notice to you and in our sole judgment, remove User-Generated Content that may infringe the intellectual property rights of a third party. If you are a repeat infringer of our or a third party’s intellectual property rights, we may terminate your Account without notice to you.
6. TERMS OF SALE FOR TRANSACTIONS
If you wish to purchase any Product or Service made available through the Website (each such purchase, a “Transaction”), it will be subject to the terms of sale as set forth herein and as also set forth on the Website during the check-out procedures.
goHUNT offers for sale Products and Services through its on online store via the “Elk101 Shop”.
The following terms of sale concern only those transactions regarding the purchase of Products via the Elk101 Shop on the Website and do not apply to any third-party seller offerings.
By placing a Transaction, you are offering to purchase a Product, you understand and agree that all orders are subject to availability and confirmation of the order price.
All descriptions, images, references, features, content, specifications, products and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain weights, measures and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, and federal laws (including minimum age requirements) in regard to the receipt, possession, use and sale of any item purchased from this Website. By placing an order, you represent that the products ordered will be used only in a lawful manner. goHUNT reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
goHUNT or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
In order to complete a purchase with goHUNT for a Product or Service, you must be over 18 years of age.
A. Our Contract
When you place an order, you will receive an acknowledgement e-mail confirming receipt of your order: this email will only be an acknowledgement and will not constitute acceptance of your order. A sales transaction between us will not be completed until we send you confirmation by e-mail that the goods which you ordered have been fulfilled. Only those goods listed in the confirmation e-mail sent at the time of order placement will be included in the completed sales transaction.
B. Pricing and Availability
We try and ensure that all details, descriptions and prices which appear on this Website are accurate although errors may occur. If we discover an error in the price of any goods which you have ordered we will inform you of this as soon as possible and give you the option of reconfirming your order at the correct price or cancelling it. If we are unable to contact you we will treat the order as cancelled. If you cancel and you have already paid for the goods, you will receive a full refund. Fulfillment times may vary according to availability and subject to any delays resulting from postal delays or force majeure for which we will not be responsible.
You may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to goHUNT the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
Upon receiving your order, we carry out a standard authorization check on your payment card to ensure there are sufficient funds to complete the sales transaction. Your card will be debited upon authorization being received. The funds received upon the debiting of your card shall be treated as a deposit against the value of the goods you wish to purchase. Once the goods have been fulfilled and you have been sent a confirmation email, the funds paid as a deposit shall be used as consideration for the value of goods you have purchased as listed in the confirmation email. If your order is accepted, we will inform you by email. When placing an order, you undertake that all details you provide to us are true and accurate, that you are an authorized user of the credit or debit card used to place your order and that there are sufficient funds to cover the cost of the goods. All prices advertised are subject to such changes.
D. Delivery; Shipping
In the event you order tangible products from the Website that requires delivery (“Products”), we will deliver the Products within a reasonable time after receiving you purchase order, subject to their availability. The delivery date provided by us for the Products is only an estimate and is based upon prompt receipt of all necessary information from you. If you cause us to delay shipment or completion of the Products, we will be entitled to any and all extra costs and expenses resulting from the delay. We will not be liable for any delays, loss, or damage in transit, and failure to deliver within the time estimated will not be a material breach of contract on your part. Unless otherwise agreed in writing by the parties, we will deliver the Products ordered by you at the location specified by you (the “Delivery Location”), using our standard methods for packaging and shipping same. The quantity of any installment of the Products, as recorded by us on the dispatch from Seller’s place of business, is conclusive evidence of the quantity received by Buyer upon delivery, unless Buyer provides conclusive evidence to the contrary. Seller will not be liable for any non-delivery of the Products to the Delivery Location.
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Website passes to the purchaser upon delivery to the carrier.
7. PAID SERVICES
Some Services require payment of a fee or a purchase, such as purchasing a landowner tag. You must have an Account to participate in these activities.
FEES ARE PAYABLE IN ADVANCE AND ARE NOT REFUNDABLE IN WHOLE OR IN PART. YOU ARE SOLELY RESPONSIBLE FOR THE PAYMENT OF ANY TAXES ASSOCIATED THEREWITH.
We reserve the right to change our fees or billing methods at any time.
You may pay fees using the methods available for the particular Service and you agree to the terms and conditions applicable to each payment method you choose. Payment methods may vary by Service. When you provide credit card or other payment information to us or our third party provider, you represent that you are the authorized user of the credit card or other payment method. You must provide current, complete, and accurate information for your billing account. We reserve the right to utilize third party credit card updating services and identify verification services to obtain current expiration dates on credit cards provided by you to us and verify that information you have provided is true and accurate.
As the Account holder, you are responsible for all charges incurred, including applicable taxes, and all purchases made by you or anyone that uses your Account, including your family or friends. This means that, unless your Account or payment information is obtained unlawfully or fraudulently by someone other than those authorized by you to use your Account, you will be responsible for all usage and purchases on your Account.
8. TERMINATION OF SERVICES AND ACCOUNTS
We may terminate any Service at any time.
We may also terminate your Account(s) (and access to all related entitlements) for any reason, including, but not limited to, for violation of these Terms of Service, illegal or improper use of your Account, or illegal or improper use of our Services, products, or Intellectual Property and without prior notice to you. If you have more than one Account, we may terminate all of your Accounts and all related entitlements. We may issue you a warning, or we may immediately terminate any and all Accounts that you have established. You acknowledge that we are not required to provide you notice before terminating your Account(s). If we terminate your Account, you may not participate in a Service again without our express permission. We reserve the right to refuse to keep Accounts for, and provide Services to, any individual. You may not allow individuals whose Accounts have been terminated by us to use your Account.
If your Account, or a particular subscription for a Service associated with your Account, is terminated, no refund will be granted; no online time or other credits (e.g., points in an online game), virtual currency, virtual prizes, or money will be credited to you or converted to cash or other form of reimbursement, and you will have no further access to your Account or entitlements associated with your Account or the particular Service (such as points, credits or other digital items). The Account and anything within the Account will belong solely to us and will be forfeit by you.
9. RULES OF CONDUCT
You will violate the Terms of Service if you:
Post, transmit, promote, or distribute Content that is illegal.
Harass, threaten, embarrass, or do anything else to another member that is unwanted, such as repeatedly sending unwanted messages or making personal attacks or statements about race, sexual orientation, religion, heritage, etc.
Transmit or facilitate distribution of Content that is harmful, abusive, racially or ethnically offensive, vulgar, sexually explicit, defamatory, infringing, invasive of personal privacy or publicity rights, or in a reasonable person’s view, objectionable, which includes Account names. Hate speech will not be tolerated.
Impersonate another person (including celebrities), indicate falsely that you are a goHUNT employee or a representative of the company, or attempt to mislead users by indicating that you represent the company or any of its partners or affiliates.
Attempt to get a password, account information, or other private information from anyone else on Services.
Upload any software or Content that you do not own or have permission to freely distribute.
Promote or encourage any illegal activity including hacking, cracking or distribution of counterfeit software.
Upload files that contain a virus or corrupted data.
Post messages for any purpose other than personal communication, including advertising or promotional messaging, chain letters, pyramid schemes, or other commercial activities. Improperly use support or complaint buttons or make false reports to our staff.
Modify any part of the Service that we do not specifically authorize you to modify.
Post or communicate any person and/or member’s real-world personal information using a Service.
Attempt to interfere with, hack into or decipher any transmissions to or from the servers for a Service.
Interfere with the ability of others to enjoy the Service or take actions that interfere with or materially increase the cost to provide a Service for the enjoyment of all our users and/or members.
Further, prohibited uses of the Website include that you shall not post, transmit redistribute upload, or promote any communications, Content or materials that contain corrupted files, viruses, or any other similar software files, the intent of which is to damage the operation of another’s device; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethically derogatory, or otherwise objectionable; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from enjoying the Website and/out related services and products.
Specific Services may also post additional rules that apply to your conduct on those services. It is your responsibility to review and abide by any applicable rules. We reserve the right to terminate your Account and to prevent your use of any and all Services if your Account is used to engage in illegal activity or to violate these Terms of Service.
If you encounter another user who is violating any of the Terms of Service, please report this activity to us using the “Report Abuse” or equivalent functions in the relevant Service. Please refer responsibly!
10. SOFTWARE, UTILITIES AND TOOLS
Services may require or allow you to download software, software updates or patches, or other utilities and tools from us or our licensors onto your computer (Software”). We grant to you a non-exclusive, limited license to use the Software solely for the purpose stated at the time the Software is made available to you. You may not sublicense, or charge others to use or access the Software. You may not translate, reverse-engineer, reverse-compile or decompile, disassemble or make derivative works from the Software. You may not modify the Software or use it in any way not expressly authorized in writing by us. You understand that the introduction of various technologies may not be consistent across all platforms and that the performance of the Software and related Services may vary depending on your computer and other equipment.
From time to time, we may provide you with updates or modifications to the Software. You understand that certain updates and modifications may be required in order to continue use the Software and Services.
You acknowledge and agree that you shall not circumvent or attempt to circumvent any of these Terms of Service, the Service or any services offered through this Website or otherwise interrupt or attempt to interrupt the operations of the Web sites (collectively, a “Circumvention Act”). If we determine, in our sole discretion, that you have engaged, or attempted to engage, in any Circumvention Act, or to otherwise commit fraud with regard to the Website, then, in such an event, we reserve the right to institute civil or criminal proceedings against you and to report you to the relevant authorities.
11. GIVEAWAYS – OFFICIAL RULES
Sweepstakes and giveaways (“Sweepstakes”) offered on goHUNT’s website are intended for viewing, or as applicable, participation in the United States only and shall only be construed and evaluated according to United States law. You may not proceed in entering any Sweepstakes if you are not a legal resident of the United States, or if you are a legal resident of the United States and you do not fall within the eligibility requirements set forth in the official rules below.
A. How to Enter
NO PURCHASE NECESSARY TO ENTER OR WIN THE PRIZE. A PURCHASE WILL NOT INCREASE YOUR CHANCES OF WINNING. To enter a goHUNT Sweepstakes, you must be a goHUNT’s Insider where upon your registration as an Insider you will brought to a web page that contains the registration form where you will be prompted to enter your information. By submitting your information, you may sign up to enter to win prizes from Sweepstakes from among all eligible entries received. All entries must be submitted via goHUNT’s Website during the period that the Sweepstakes is being offered, according to all applicable directions as listed on the Website, or the entry will be void. Those who do not fill in all the required fields will be disqualified. Entries generated by a script, macro or other automated means will be disqualified. Neither goHUNT nor any affiliated Sponsor (defined below) is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to an entrant's or any other person's computer related to or resulting from downloading any portion of this Sweepstakes. All entries will become the property of goHUNT and/or the Sponsor and none will be returned. One entry per person/family/household per Sweepstakes. This Sweepstakes is void where prohibited or restricted by law. The winner will be notified via telephone, mail or e-mail that he/she, subject to verification, is a Sweepstakes prize winner. If a winner cannot be reached after a reasonable effort has been made during three (3) business days from goHunt or the Sponsor's first attempt, or if an entrant is found to be ineligible, an alternate winner may be selected. If any Sweepstakes prize or Sweepstakes Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected.
The Sweepstakes is open to legal residents of the United States (50 states and District of Columbia, but specifically excluding the territory of Puerto Rico) who are eighteen (18) years old and over as of the date of entry. Employees of any entity who may be sponsoring a Sweepstakes (“Sponsor”), goHUNT, the entity or entities supplying the Sweepstakes prize or prizes, and each of their respective partners, parent companies, divisions, subsidiaries, affiliates, advertising, promotion and public relations agencies and their respective officers, directors, employees, representatives and agencies (collectively, the “Sponsor Affiliates”) are not eligible to participate in the Sweepstakes and/or win a Sweepstakes prize. Additionally, relatives of such employees are not eligible to win. For the purposes of this Sweepstakes, relatives are defined as spouse, mother, father, in-laws, grandmother, grandfather, brother, sister, children and grandchildren. In addition, you are not eligible to participate or win a Sweepstakes prize if you have been involved in the development, production (including Sweepstakes prize suppliers), implementation and distribution of this Sweepstakes or any of goHUNT’s websites.
Unless indicated otherwise on the Web Site, one (1) Prize will be awarded for each Sweepstakes. Approximate retail value (“ARV”) of the Prize will vary by Sweepstakes, but in no event shall such Prize be valued equal to or more than five thousand U.S. Dollars. No transfer, cash equivalent or Prize substitution allowed, except at goHUNT or Sponsor’s (as applicable) sole discretion. goHUNT or Sponsor (as applicable) may require winner(s) to sign an affidavit of eligibility and liability/publicity release. Decisions made by goHUNT or Sponsor (as relevant) are final in all matters, including interpretation of these official rules and awarding of the Sweepstakes prize(s). If legitimately claimed, the Sweepstakes prize(s) will be awarded. In no event will more than the stated number of Sweepstakes prizes be awarded. All expenses not specified herein, including, without limitation, all federal, state and local taxes, are each winner's sole responsibility.
E. Odds of Winning
The odds of winning depend upon the number of eligible entries received.
F. Limitation on Liability / Disclaimer / Other Requirement
All entrants, as a condition of entry, agree to be bound by these official rules and the decisions of goHUNT and/or Sponsor (as applicable). Except where prohibited by law, by entering a Sweepstakes, each entrant consents to the use of his/her name, voice, picture, likeness and biographical data and/or any other information contained in his/her entry in advertising, promotional and marketing materials by goHUNT, Sponsor, and the Sponsor Affiliates without additional compensation, which may require, without limitation, winner to appear in person on a television, radio or Internet broadcast. In addition, by entering, all entrants, except where prohibited by law, consent to being photographed, filmed, taped and/or interviewed about the Sweepstakes. In connection therewith, all entrants grant full permission and consent to goHUNT, Sponsor, and the Sponsor Affiliates to utilize any of the results of such photographing, filming, taping and/or interviewing in any and all media now known or hereafter devised and hereby release goHUNT, Sponsor, and the Sponsor Affiliates from all liability related thereto.
Winners may be required to sign, have notarized and return an affidavit of eligibility and liability/publicity release within five (5) days of receipt of such document(s) or Sweepstakes prize will be forfeited. All Sweepstakes prize claims and winner materials will be verified by Sweepstakes judges. If this Sweepstakes is not capable of running as planned, including, because of any infection by computer virus, bugs, tampering, unauthorized intervention, fraud, technical failure or other cause beyond goHUNT’s control which corrupts or threatens to corrupt or adversely affects the administration, security, fairness, integrity or proper conduct of the Sweepstakes, goHUNT reserves the right, in its sole discretion, to cancel, suspend and/or modify this Sweepstakes and goHUNT can perform the random drawing from among all eligible entries received prior to such cancellation, suspension or modification of the Sweepstakes. Winner, by acceptance of any Prize, agrees to release goHUNT, Sponsor, and the Sponsor Affiliates from any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with the receipt, ownership or use of any Sweepstakes prize or while traveling to and from a location to obtain or use any Sweepstakes prize. Further, no responsibilities are accepted for any additional expenses, omissions, delays, re-routing, or acts of any government or authority. goHUNT, Sponsor, and the Sponsor Affiliates do not make any warranty, representation, or guarantee, express or implied, in fact or in law, relative to the use of any Sweepstakes prize including, without limitation, quality, merchantability, or fitness for a particular purpose. Neither goHUNT, Sponsor nor the Sponsor Affiliates are responsible for technical, hardware, software, or telephone malfunctions of any kind, lost or unavailable network connections, or failed, incorrect, incomplete, inaccurate, garbled or delayed electronic communications caused by goHUNT, Sponsor or the Sponsor Affiliates, the user or by any of the equipment or programming associated with or utilized in this Sweepstakes or by any human error which may occur in the processing of the entries in this Sweepstakes and which may limit a participant’s ability to participate in this Sweepstakes. Entries that are incomplete, illegible or corrupted are void and will not be accepted. Any person who supplies false information, enters by fraudulent means, or is otherwise determined to be in violation of these official rules in an attempt to obtain any Sweepstakes prize will forfeit Sweepstakes the Sweepstakes prize won and may be prosecuted to the fullest extent of the law. The Sweepstakes shall be governed by, construed and enforced in accordance with the laws of the State of Nevada. Any action by entrant or any third party brought to enforce these rules or, in connection with any matters related to the Web Site shall be brought only in either the state court located in Clarke County, Nevada or (if jurisdiction exists) in the United States District Court for Nevada, and you expressly consent to the jurisdiction of said courts. Each entrant further agrees to not knowingly: damage or cause interruption of the Sweepstakes; prevent others from using the Sweepstakes; or obtain or modify another user's non-public account information without their consent. Submission of an entry is acknowledgment of and agreement to be bound by all terms and conditions of these official rules. In the event of a dispute concerning who submitted an e-mail entry, the entry will be declared to have been made by the authorized account holder of the e-mail address submitted at time of entry. An authorized account holder is defined as the natural person who is assigned to an e-mail address by an Internet access provider, online service provider, or other organization (e.g. business, educational institution, etc.) that is responsible for assigning e-mail addresses for the domain associated with the submitted e-mail address.
CAUTION: ANY ATTEMPT TO DAMAGE ANY ONLINE SERVICE OR WEBSITE OR UNDERMINE THE LEGITIMATE OPERATION OF THE SWEEPSTAKES VIOLATES CRIMINAL AND/OR CIVIL LAWS. IF SUCH AN ATTEMPT IS MADE, SPONSOR MAY DISQUALIFY ANY SWEEPSTAKES ENTRANT MAKING SUCH ATTEMPT AND SPONSOR MAY SEEK DAMAGES TO THE FULLEST EXTENT PERMITTED BY LAW.
goHUNT can modify these official rules in any way or at any time, as long as goHUNT gives reasonable notice.
12. DISCLAIMER; LIMITATIONS ON WARRANTY; LIABILITY; RISK OF LOSS
You expressly agree that use of the Website and Service is at your sole risk. Neither goHUNT nor any of its officers, directors, or employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from or distributed by goHUNT (collectively “Providers”), or the like, warrant that websites affiliated with Providers, including but not limited to this Website, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on this Website may contain inaccuracies or typographical errors. goHUNT makes no warranty as to the results that may be obtained from the use of the Website, including whether you will be able to harvest an animal, or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through the Website. Furthermore, goHUNT shall not be responsible for any opinions, views, advice or statements posted on the Service (including, without limitation, in any public posting areas of the Service, such as in the Outfitter Directory) by any person or entity other than an authorized goHUNT spokesperson. goHUNT does not endorse or guarantee any outfitter, or the accuracy of any information about any outfitter, listed on this site. You are solely responsible for all communication and any agreements with outfitter. Advertisers, content providers, other users, guests, independent writers and experts are not authorized goHUNT spokespersons. At no time should the opinions, views, advice or statements provided by advertisers, content providers, other users, guests, independent writers or experts be relied upon for important personal decisions without independent verification.
A. Disclaimer of Warranties
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. THIS WEBSITE, INCLUDING THE SERVICE AND THE SOFTWARE, IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, GOHUNT AND THE OUR AFFILIATES (DEFINED BELOW) DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
GOHUNT AND OUR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, SECURITY OF THE WEBSITE, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH THE WEBSITE, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON THIS WEBSITE. WITHOUT LIMITING THE FOREGOING, GOHUNT DOES NOT WARRANT THAT THE CONTENT AND/OR SERVICE IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT YOU WILL HARVEST AN ANIMAL; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY SERVICE OR SOFTWARE DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE, INCLUDING, BUT NOT LIMITED TO, ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE WEBSITE OR SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
B. Limitation of Liability
GOHUNT DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE WEBSITE OR ANY RELATED SERVICES. THE OPERATION OF THE WEBSITE MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE THE CONTROL OF GOHUNT. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, QUIET ENJOYMENT, DATA ACCURACY AND SYSTEM INTEGRATION. THIS SITE MAY INCLUDE INACCURACIES, MISTAKES OR TYPOGRAPHICAL ERRORS. WE DO NOT WARRANT THAT THE CONTENT WILL BE ERROR FREE OR UNINTERRUPTED.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT GOHUNT NOR ITS LICENSORS, AFFILIATES’, EMPLOYEES’, OFFICERS’, OR DIRECTORS’ (COLLECTIVELY, “GOHUNT AFFILIATES”) WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE THIS WEBSITE, THE SOFTWARE, OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES (REGARDLESS OF THE FOUNDATION FOR THE ACTION) WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY YOU ON ANY INFORMATION OBTAINED FROM THIS WEBSITE OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH THE WEBSITE.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR SERVICES, FROM INABILITY TO USE OUR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If you are dissatisfied with any portion of the Services and/or Website, your sole and exclusive remedy is to discontinue your use of the Services and this Website.
You agree to defend, indemnify and hold harmless goHUNT and its affiliates, employees, contractors, officers, directors, vendors, and content providers from all liabilities, claims and expenses, including attorneys’ fees, that arise from a breach of these Terms of Service for which you are responsible or in connection with your distribution of any Content on or through Services. Without limiting the generality of the foregoing, you agree to indemnify and hold us harmless for any improper or illegal use of your Account, including the illegal or improper use of your Account by someone to whom you have given permission to use your Account. You agree that you will be personally responsible for your use of Services and for all of your communication and activity on Services, including any Content you contribute, and that you will indemnify and hold harmless goHUNT, its affiliates, employees, officers, and directors from any liability or damages arising from your conduct on Services, including any Content you contribute.
goHUNT reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. In that event, you shall have no further obligation to provide indemnification to goHUNT in that matter. This Section shall survive termination of this Terms of Service.
14. LINKS TO THIRD-PARTY SITES
15. GENERAL TERMS
If any part of this Terms of Service is held invalid or unenforceable, that portion shall be interpreted in a manner consistent with applicable law to reflect, as nearly as possible, our original intentions, and the remaining portions shall remain in full force and effect.
Any failure on our part to exercise or enforce any right or provision of this Terms of Service will not constitute waiver of such right or provision. Any waiver of any provision of this Terms of Service will be effective only if in a writing signed by us.
D. Governing Law; Disputes; Remedies
E. Statute of Limitations
F. Pursuant To 47 U.S.C. Section 230(d) as amended
Pursuant To 47 U.S.C. Section Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available on the following website: OnGuard Online (http://onguardonline.gov/). Please note that we do not endorse any of the products or services listed at such website.
G. Notice for California residents
Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice: If you have a question or complaint regarding the Website, please send an email to email@example.com. You may also contact us by writing to 6398 Montessouri St Las Vegas, NV 89113, or by calling us at 702-847-8747. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
16. ENTIRE AGREEMENT
We may at any time update, modify or otherwise revise these Terms of Service by updating this posting. You should visit this page from time to time to review these Terms of Service to learn and understand any changes because they are binding on you. Your use of this Website following any such revisions or modifications constitutes your agreement to follow and be bound by the terms as revised/modified.
You are reminded to print a copy of these Terms of Service in order to avoid misunderstandings at a later time.
THE SECTION TITLES IN THESE TERMS OF SERVICE ARE FOR CONVENIENCE ONLY AND HAVE NO LEGAL OR CONTRACTUAL EFFECT.
Date Last Modified: Feb 1, 2020.
These Terms of Service may be changed at any time, without prior notice and solely at the complete discretion of goHUNT and goHUNT.com.