Terms of Use of Hunt Regs for using the Services
Your use of the Hunt Regs app is subject to the following Terms of Use (these “Terms”). Please read them carefully, as they may have changed since your last visit. By clicking “I Agree” in the initial opening screen of the Hunt Regs app, you indicate that you have read and understood and that you accept these Terms. IF YOU DO NOT ACCEPT THESE TERMS, THEN DO NOT USE THIS HUNT REGS APP.
The Hunt Regs app and all the information it contains or may in the future contain (the "Content"), are the property of Hunt Regs, LLC (“Hunt Regs”). The Content of this Hunt Regs app does not convey legal, accounting, tax, career or other professional advice of any kind. Hunt Regs is not a law firm, does not give legal advice, and is not engaged in the practice of law. Your use of the Hunt Regs app does not create a lawyer-client relationship between you and Hunt Regs, nor will any information you submit to us via the Hunt Regs app or by electronic mail be considered a lawyer-client communication or otherwise be treated as confidential or privileged.
The Content of the Hunt Regs app concerns topics selected by Hunt Regs for dissemination to the general public, and is offered on a blind basis, without any knowledge as to your identity or specific circumstances. The application and impact of relevant laws will vary from jurisdiction to jurisdiction. There may be delays, omissions, or inaccuracies in information contained on the Hunt Regs app. The Content of the Hunt Regs app should not be relied upon or used as a substitute for consultation with professional advisors.
The Hunt Regs app provides regulatory information supplied to Hunt Regs, LLC, by certain government agencies with jurisdiction over hunting activities. The app does not provide, incorporate, or verify data related to property boundaries or access rights. The Company does not represent or warrant that the use of the app will identify where a user is permitted to hunt, enter, or remain, and Hunt Regs expressly disclaims any responsibility or liability for trespass, unlawful entry, or use of land in violation of property rights. User acknowledges and agrees that it is the User’s sold responsibility to determine property boundaries, obtain all necessary permissions, and avoid trespass, unlawful entry, or any other property-rights violations.
You must always observe and consult, before any hunting activity, the local government’s issued hunting regulations. IN CASE OF ANY DISCREPANCY OF THE INFORMATION CONTAINED ON THE HUNT REGS APP AND THE INFORMATION PROVIDED BY THE LOCAL GOVERNMENT AS TO ANY HUNTING REGULATIONS OR LAWS, YOU MUST ALWAYS FOLLOW THE GOVERNMENT’S REGULATIONS AND RECOMMENDATIONS PROVIDED. FAILURE TO DO SO MAY CAUSE SIGNIFICANT REPERCUSSIONS FROM THE LAW AND POTENTIAL HARM TO OTHERS.
Table of Contents
Section I: Relevant Terms
"Content": See the definition above.
"Your Content": Any of the information users enter into the Hunt Regs app including but not limited to journal entry data, specific locations, “Strike Smart” information, account information and personal information.
"Service": The Content, features and other services provided to you via the Hunt Regs app.
Section II: Limitation of Liability
-
Limitation of liability to extent permitted by applicable law. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK AND HUNT REGS EXPRESSLY DISCLAIMS ALL WARRANTIES AND LIABILITIES OF ANY KIND.
-
No Consequential or Indirect Damages. IN NO EVENT SHALL HUNT REGS OR ANY OF ITS REPRESENTATIVES BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE ENHANCED DAMAGES, LOST PROFITS OR REVENUES, DIMINUTION IN VALUE, ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH YOUR USE OF THE SERVICE OR ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT YOU WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
-
Maximum Liability. IN NO EVENT SHALL HUNT REGS’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE TOTAL OF THE AMOUNTS PAID TO HUNT REGS PURSUANT TO THESE TERMS IN THE YEAR PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
-
If Remedy Fails of Essential Purpose. THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION II SHALL APPLY EVEN IF YOUR REMEDIES UNDER THESE TERMS FAIL OF THEIR ESSENTIAL PURPOSE.
Section III: No representation or warranties as to Content
-
Hunt Regs makes no representation or warranty regarding the reliability, completeness, accuracy or timeliness of the Content or about the results to be obtained from using the Hunt Regs app, Content, and Service. Any use of the Hunt Regs app, Content, or Service is done at your own risk. Modifications, amendments, and changes are made from time to time, in the sole discretion of Hunt Regs, to Hunt Regs app, Content, and Service. Hunt Regs further reserves the right to modify, suspend, or discontinue any content or service on or feature of the Hunt Regs app, Content, or Service (including any changes to or removal of any Content or Service) at any time without notice to you, and Hunt Regs shall not be liable to you or to any third party should it exercise such rights. Content on the Hunt Regs app may be provided by third parties, and Hunt Regs shall not be liable to you for any such Content provided by such third parties to the extent set forth in Section II of these Terms.
-
All Content made available through the Service is made available for informational purposes only. You yourself are responsible for confirming that any information provide are accurate, complete and up to date before taking or omitting any action. Always obey property line postings and use common sense in visually verifying boundaries, roads and paths.
-
Hunt Regs does not warrant that the Service will operate error-free or that the Hunt Regs sites or their servers are free of computer viruses or other harmful goods. If your use of the Service or the Content results in the need for servicing or replacing equipment or loss of profits or data, Hunt Regs will not be responsible for those costs.
Section IV: Indemnification
Subject to the terms and conditions set forth in Section V below, you and anyone using the Hunt Regs app with your permission, or who has access to the Hunt Regs app through any act or omission by you upon your fault (you and such other person being the "Indemnifying Party", collectively the “Indemnified Partys”) shall indemnify, hold harmless, and defend Hunt Regs and its managers, officers, directors, employees, agents, affiliates, successors, and assigns (each individual, the “Indemnified Party”, collectively, the "Indemnified Parties") against any and all losses, damages, liabilities, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable professional fees and attorneys' fees, that are incurred by an Indemnified Party in a final non-appealable judgment, administrative proceeding, or any alternative dispute resolution proceeding (collectively, "Losses"), arising out of any third-party claim alleging: (i) breach or non-fulfillment of any representation, warranty, or covenant under these Terms by the Indemnifying Party; (ii) any negligent or more culpable act or omission of the Indemnifying Party (including any grossly negligent, reckless, or willful misconduct) in connection with the performance of its obligations under these Terms; (iii) any bodily injury, death of any person, or damage to real or tangible personal property caused by the negligent or more culpable acts or omissions of the Indemnifying Party (including any grossly negligent, reckless, or willful misconduct); or (iv) any failure by the Indemnifying Party to comply with any applicable federal, state, or local laws, regulations, or codes in the performance of its obligations under these Terms.
Section V: Indemnification Procedures
-
Notice of Third-party Claims. Indemnified Party shall give Indemnifying Party prompt written notice (a "Claim Notice") of any Losses or discovery of facts on which Indemnified Party intends to base a request for indemnification under Section IV. Indemnified Party's failure to provide a Claim Notice to Indemnifying Party under this Section V(a) does not relieve Indemnifying Party of any liability that Indemnifying Party may have to Indemnified Party, but in no event shall Indemnifying Party be liable for any Losses that result from a delay in providing a Claim Notice, if such delay materially prejudices the defense of the related third-party claim. Each Claim Notice must contain a description of the third-party claim and the nature and amount of the related Losses (to the extent that the nature and amount of the Losses are known at the time). Indemnified Party shall furnish promptly to Indemnifying Party copies of all papers and official documents received in respect of any Losses. Indemnifying Party's duty to defend applies immediately, regardless of whether Indemnified Party has paid any sums or incurred any detriment arising out of or relating, directly or indirectly, to any third-party claim.
-
Indemnifying Party Control of Defense. Indemnifying Party may assume, at its sole option, control of the defense, appeal, or settlement of any third-party claim that is reasonably likely to give rise to an indemnification claim under Section IV (an "Indemnified Claim") by sending written notice of the assumption to Indemnified Party on or before 10 Business Days after receipt of a Claim Notice to acknowledge responsibility for the defense of such Indemnified Claim and undertake, conduct, and control, through reputable independent counsel of its own choosing, which Indemnified Party finds reasonably satisfactory, and at Indemnifying Party's sole cost and expense, the settlement or defense thereof.
-
Indemnified Party's Obligations Regarding Indemnifying Party's Control of Defense. If Indemnifying Party assumes control of the defense under Section V(b), Indemnified Party: (i) shall fully cooperate with Indemnifying Party in connection therewith; and (ii) may employ, at any time, separate counsel to represent it; provided, that Indemnified Party is solely responsible for the costs and expenses of any such separate counsel.
-
Indemnified Party Control of Defense.Notwithstanding anything to the contrary in Section V, Indemnified Party may defend an Indemnified Claim with counsel of its own choosing and without the Indemnifying Party's participation if: (i) the Indemnified Claim is one for which Indemnified Party properly gave Indemnifying Party a Claim Notice under Section V(a), and Indemnifying Party fails to assume the defense or refuses to defend the Indemnified Claim under Section V(b); (ii) the Indemnified Claim seeks only an injunction or other equitable relief against Indemnified Party; or (iii) Indemnified Party reasonably believes: (A) that there are one or more legal or equitable defenses available to it that are different from or in addition to those available to Indemnifying Party; and (B) counsel for Indemnifying Party could not adequately represent the interest of Indemnified Party because such interest could be in conflict with those of Indemnifying Party; or (C) such action or proceeding involves, or could have a material effect on, any material matter beyond the scope of the indemnification or defense obligations of Indemnifying Party.
-
Indemnifying Party's Obligations Regarding Indemnified Party's Control of Defense. If Indemnified Party assumes control of the defense under Section V(b), Indemnifying Party shall: (i) reimburse Indemnified Party promptly and periodically for the costs properly incurred in defending against the Indemnified Claim (including reasonable attorneys' fees and expenses); and (ii) remain responsible to Indemnified Party for any Losses indemnified under Section IV.
-
Settlement of Indemnified Claims by Indemnifying Party. Indemnifying Party shall give prompt written notice to Indemnified Party of any proposed settlement of an Indemnified Claim. Indemnifying Party may not, without Indemnified Party's prior written consent settle or compromise any indemnification-related claim or consent to the entry of any indemnification-related judgment unless such settlement, compromise, or consent: (i) includes an unconditional release of Indemnified Party from all liability arising out of such claim; (ii) does not contain any admission or statement suggesting any wrongdoing or liability on behalf of Indemnified Party; and (iii) does not contain any equitable order, judgment, or term (other than the fact of payment or the amount of such payment) that in any manner affects, restrains, or interferes with the business of Indemnified Party or any of Indemnified Party's affiliates.
Settlement of Indemnified Claims by Indemnified Party. Indemnified Party may not settle or compromise any claim or consent to the entry of any judgment regarding which it is seeking indemnification hereunder without the prior written consent of Indemnifying Party, which Indemnifying Party shall not unreasonably withhold, condition, or delay, unless: (i) if the Indemnified Claim is one for which Indemnified Party properly gave Indemnifying Party a Claim Notice under Section V(a), and Indemnifying Party fails to assume the defense or refuses to defend the Indemnified Claim under Section V(b); and (iii) such settlement, compromise, or consent: (A) includes an unconditional release of Indemnifying Party from all liability arising out of such claim; and (B) does not contain any admission or statement suggesting any wrongdoing or liability on behalf of Indemnifying Party.
Section VI: Changes to Service
-
Hunt Regs reserves the right to, at any time and from time to time, modify, amend, change, suspend or discontinue any Content or Service (or any portion thereof) on the Hunt Regs Site with or without notice, and Hunt Regs shall not be liable to you or to any third party for any such modification, amendment, change, suspension, or discontinuance; provided, however, that in the event of a discontinuance of any Content of Services (or any portion thereof), you will be entitled to receive a pro-rated refund for the unused portion of any active subscription.
-
Hunt Regs may, in its sole discretion, and at any time and from time to time develop patches, updates, upgrades, and other modifications or changes to improve the performance of the Service (“Updates”). Hunt Regs may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without any advance notice to you or requiring any additional consent from you. The way in which Updates may be automatically downloaded or installed to your device is determined by settings on your device and your device’s operating system.
Section VII: Rules of Conduct
You agree that you will NOT perform any of the following acts when using or interacting with the Hunt Regs Service:
-
Act in a manner that negatively affects the ability of other users to access or use the Service.
-
Take any action that imposes an unreasonable or disproportionately burdensome load or demand on the Service or its infrastructure.
-
Interfere with or disrupt the Service or any network or server related to the Service, or violate any policies, procedures, requirements laws, rules, or regulations of or applicable to any server or network related to the Service.
-
Use any means to illegally or wrongfully access the Service or substantially download, reproduce or archive any portion of the Content or Service, including through the use of spiders, crawlers, robots, scrapers, automated tools, or any other similar means.
-
Sell, share, transfer, trade, loan, exploit, or otherwise provide the Services or any Content. for any commercial purpose, including, but not limited to, your user account and password.
-
Violate any applicable federal, state, local, municipal or international law or regulation.
-
Note: Hunt Regs has the right to immediately terminate a user’s access to the service if they commit any of the acts laid out in Section VII of these Terms.
-
Act in a manner that negatively affects the ability of other users to access or use the Service.
Section VIII: Rights to Content
-
Hunt Regs does not claim ownership of Your Content provided by you to Hunt Regs in connection with your use of the Service. However, you grant Hunt Regs and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with and to the extent required for using the Service. You acknowledge and agree that the technical processing and transmission of data, including Your Content, associated with the Service, may require: (i) transmission over various networks or devices; and (ii) modifications or changes to such data to conform and adapt such data to the technical requirements of connecting networks or devices.
-
Except with respect to Your Content, you acknowledge and agree that Hunt Regs and its licensors own all right, title and interest (including, but not limited to, all intellectual property rights) in the Service, all Content, and all other materials within the Service, the Content, or on the Hunt Reg Sites. The Service and all Content is protected by, and subject to, all applicable copyright and other intellectual property laws and treaties. The Hunt Regs logos and trademarks referenced in the Service or any Content are the exclusive property of Hunt Regs and its affiliates. Any other company names, product names, service names and logos referenced in the Service or any Content may be the exclusive property of their respective owners. Hunt Regs reserves all rights not expressly granted to you.
-
Except with respect to Your Content, you shall not: (i) change, use, reproduce, modify, adapt, convert, create derivative works from, publicly perform, publicly display, distribute, disburse, make, have made, assign, pledge, transfer or otherwise grant rights to the Service or any Content, except as expressly permitted under these Terms and Conditions; (ii) except as expressly permitted by applicable law, reverse engineer, disassemble, deconstruct, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service or any Content for the purpose of developing, marketing, selling or distributing any product, service, or content that competes with or includes features substantially similar to the Service any Content, or any products or services offered by Hunt Regs; (v) rent, lease, lend, sell, license, or sublicense the Service or Any Content, or otherwise provide access to the Service or any Content as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service or any Content.
Section IX: Your Responsibility to Uphold these Terms and Conditions
You agree to abide by these Terms and Conditions and also agree to safeguard compliance of and establish any other person who may reasonably foreseeably access Hunt Regs through your account with Hunts Reg. You are responsible under these Terms for any act or omission by any other person accessing the Service through your account with Huge Regs through any act or omission based on your fault.