FIND A HUNT, LLC
TERMS AND CONDITIONS
Welcome to Find A Hunt, LLC’s website (Find A Hunt, LLC is referred to herein as “we,” “us,” “our,” “Find A Hunt,” and “the Company”). These Terms and Conditions are a binding legal agreement between you and Find A Hunt and govern your access to and use of the Find A Hunt website (www.findahunt.com) (the “Site”), mobile apps, emails, text messages, and social media accounts (collectively referred to as the “Services”). BY USING THIS SITE, YOU ARE AGREEING TO THESE TERMS AND CONDITIONS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS AND CONDITIONS, DO NOT ACCESS OR OTHERWISE USE OUR SERVICES OR ANY INFORMATION CONTAINED ON THE SERVICES. IF YOU ACCEPT OR AGREE TO THESE TERMS AND CONDITIONS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND SUCH COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS AND CONDITIONS, AND IN SUCH EVENT, “YOU” AND “YOUR” WILL REFER AND APPLY TO SUCH COMPANY OR OTHER LEGAL ENTITY.
Find A Hunt may make changes to the content on the Site at any time and can change, update, or otherwise modify these Terms and Conditions at any time by posting the updated Terms on the Site, with or without notice to you. You are responsible for frequently reviewing these Terms and Conditions. The latest version of the Terms and Conditions is available on the Find A Hunt website https://www.findahunt.com.
All questions concerning these Terms and Conditions should be directed to:
Find A Hunt, LLC
Attn: Legal Department
4138 US Highway 259 N
Longview, TX 75605
GENERAL PROVISIONS
If you are viewing, using, or accessing the Site and have not completed the Member registration, you are a “User.” You can simply search and view the Site or applicable Service without the need to register for a Member Account. You may also submit inquiries to Premium Members with Listings through the Site without the need to register for a Member Account.
If you are viewing, using or accessing the Service and have completed the Company’s Member Account registration process, are a User that is a “Member.”
If you are viewing, using or accessing the Service and have registered for a Member Account that requires payment of a Membership Fee, you are a User and Member that is a “Premium Member.”
Unless otherwise specified, these Terms and Conditions refer to Users, Members, and Premium Members collectively as “you.”
By using this Site, you represent, acknowledge and agree that you are the age of majority in your jurisdiction of residence, or if you are not the age of majority but are at least 16 years old (a “Minor”), that you are using the Site with the consent of your parent or legal guardian and that you have received your parent’s or legal guardian’s permission to use the Site and agree to its Terms. If you are a parent or legal guardian of a Minor, you hereby agree to bind the Minor to these Terms and to fully indemnify and hold harmless the Company if the Minor breaches any of these Terms. If you are not at least 16 years old, you may not use the Site at any time or in any manner or submit any information to the Company or the Site.
MEMBER ACCOUNTS
By completing the Member registration process on the Site, you have created your “Member Account.” Your Member Account allows for the creation of your customized Member profile page, access to certain password-restricted areas of the Site, exclusive Member discounts and promotions, as well as having the option to receive email and text notifications from the Company. Each Member must maintain a valid email address and a password, which shall be utilized for logging on to the Site. You represent and warrant that the information you provide is true, accurate, complete, and current. Members are not permitted to share their individual login information with others. All personal information you submit is subject to our Privacy Policy (https://www.findahunt.com/privacy-policy).
The Company utilizes email as a vital and primary communication channel with Members, who hereby acknowledge and grant the Company permission to communicate with them via email (as well as other communication channels such as phone and fax) for any purposes the Company determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. The Company will honor Member’s request to opt out of marketing messages and other privacy-related requests to the extent required by law. By becoming a Member, you acknowledge and agree that the Company may record electronic communications it has with You for our internal business purposes, including but not limited to training and quality assurance purposes.
The Company will, in its sole discretion, terminate the Member Accounts of, and refuse service to, any Member who repeatedly or knowingly violates these binding Terms and Conditions.
PREMIUM MEMBERSHIPS
Find A Hunt offers a paid premium Member Account (“Premium Membership”) for those individual and business Members who primarily utilize the Service to:
Members (including but not limited to Agents, Lessors, Outfitters, and Vendors) who complete the Member Account registration process for a Premium Membership are collectively referred to as a “Premium Member.” The initial registration cost and monthly amount charged by the Company for a Premium Membership is the “Membership Fee.”
PREMIUM MEMBERSHIP LISTINGS
Premium Members may create a Find A Hunt profile page to be made publicly available and searchable on the Site or applicable Service for the purpose of advertising a property, product, service, or promotion offered by them or their business (the “Listing”). Premium Members who wish to create a Listing may use the profile editing tools to submit material including descriptions, photographs, images, videos (which may include sound and/or music), graphics, pricing information, contact or other information (collectively, the “Listing Content”) to be published on their Listing page. All submissions and Listings are subject to review by the Company and the Company reserves the right to refuse, delete, or remove any Listing or certain Listing Content with or without cause.
By submitting the Listing Content, Premium Member represents, warrants and agrees that (a) you own or have the full right, power and authority to grant to Find A Hunt use of and rights in and to all Listing Content that you upload, post, e-mail or otherwise submit to Find A Hunt or publish in your Listing; (b) Your license of such content to Find A Hunt hereunder does not, and the use or license of such content by Find A Hunt to third parties will not, infringe any right or interest owned or possessed by any third party; (c) there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such content; and (d) You will fully indemnify the Company against any and all damages or other losses, and any related attorney’s fees, other fees, and/or expenses, incurred by the Company as a result of any breach of the foregoing representations or in connection with your Listing, including, without limitation, as a result of any claim brought by a third party in connection with your Listing Content, whether or not such claim prevails.
With respect to all Listing Content you have submitted in the past or elect to submit in the future, post, e-mail or otherwise transmit to or via the Service, Find A Hunt acknowledges that you retain any applicable ownership rights that you may have with respect to the Listing Content. You nonetheless grant Find A Hunt and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, aggregate, perform, display, publish, translate, prepare derivative works from, modify, distribute, and take any other action with respect to all such Listing Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed. Member further acknowledges and agrees that Find A Hunt may preserve any such Listing Content submitted, whether submitted in the past or in the future, and may also disclose such Submission in its sole discretion (including, without limitation, within other products offered by Find A Hunt and its affiliates).
Member agrees not to submit any material to Find A Hunt as Listing Content unless Member has received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner, to publish and advertise the material on the Site and/or Service. You may not submit, upload, post or otherwise make available on this Site any material protected by copyright, trademark, or any other proprietary right without the express permission of the owner of such copyright, trademark or other proprietary right owned by a third-party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, proprietary rights, violation of contract, privacy or publicity rights or any other harm resulting from, arising out of, or related to any submission that you make. You have full responsibility for each submission, including all Listing Content, you make for your Listing, including its legality, reliability and appropriateness. Specifically, Member will not submit a photograph if Member received the photograph from a third-party information provider under the terms of a license that does not allow posting of such photograph or video on the Company Service.
Where Premium Member’s Listing page incorporates content provided by Find A Hunt or its affiliates, such as property photos or other images, information, tools provided by Find A Hunt (collectively, “Company Materials”), Member is granted a limited, revocable, exclusive and non-sub-licensable license to use such Company Materials strictly in connection with Premium Member’s Listing. All other rights to Company Materials are expressly reserved.
Premium Member agrees to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active Listings. While the Company will undertake reasonable efforts for data backup and business resumption, Premium Member will be solely responsible for retaining back-up copies of all Listing Content it submits to the Site.
PROPERTY LISTINGS
Hunting property sale and lease listings that are not modified or renewed within a 75-day period are automatically changed to “Off Market” and are no longer viewable on the Site. Premium Member (a) represents and warrants that all properties and associated information and Listing Content provided on Premium Member’s Listing will be accurate; (b) agrees not to post a property Listing on the Site or applicable Service under a name other than the individually named licensed real estate agent or agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner (shared accounts are strictly prohibited); (c) agrees to administer the properties provided by Premium Member and maintain their accuracy at all times.
PREMIUM MEMBERSHIP PAYMENT
Membership Fees are withdrawn from Premium Member’s account monthly until cancelled by Premium Member. When a Premium Member makes payment through the Company Site or other applicable Service, payments may be processed from your account through a third-party payment processor. You represent and warrant that you have the right to use any credit card or other means of payment that you provide to us. All billing information you provide to us must be truthful and accurate. Providing any untruthful or inaccurate information is a breach of these Terms and Conditions. Prior to accepting payment, we may request additional information from you. We reserve the right to refuse or cancel any purchase for any reason including problems identified by our credit and fraud avoidance department. Find A Hunt also has the right to refuse service to any Premium Member that has delinquent charges that remain unpaid and to impose additional charges to reactivate a Premium Membership account or other membership privileges.
It is the Member’s responsibility to promptly provide the Company with any contact or billing information changes or updates (including phone number, email address, credit card numbers, etc.). Member Account updates should be made online via the “My Account” tab on the Find A Hunt Site (https//www.findahunt.com) or by contacting Find A Hunt via [email protected].
Premium Members must notify Find A Hunt about any billing problems or discrepancies within 90 days after charges first appear on their account statement. If it is not brought to the Company’s attention within 90 days, Member agrees to waive their right to dispute such problems or discrepancies.
You agree and acknowledge that the applicable Find A Hunt Services simply provide a networking and advertising platform for Users and Members and is not liable or responsible for the payment for or purchase of any property, booking, reservation, service or product advertised via a Listing on the Find A Hunt Service. Premium Members with advertised Listings on the Find A Hunt Site or applicable Service, including but not limited to, Agents, Lessors, Outfitters, and Vendors, are responsible for the coordination, collection, withholding, and remittance, of any and all purchases of the listed property, service, or product as well as the payment of any and all applicable taxes due and owing to relevant taxing authorities on the total amount of any purchase made. Any and all bookings, reservations, or purchases of a property, product or service listed on the Site or Service are made directly with the listing Premium Member as an individual or business and will be governed by any terms of use or contract between you and said Premium Member as an individual or business.
PREMIUM MEMBERSHIP RENEWAL AND CANCELATION
Premium Memberships continue to renew monthly regardless of Member’s activity on the Site or other applicable Service. Premium Memberships will automatically renew to the credit card number provided for initial payment unless the Member cancels their Premium Membership on the Company Site prior to the renewal date. Find A Hunt reserves the right to change its fees, payment frequency, or billing methods at any time and will provide timely notice of any such changes. For all membership changes submitted online, the Member will be charged a prorated fee for the remaining days in current billing cycle, and Member’s Membership Fee will be adjusted commencing with the next bill date. Members may change or cancel current membership plans by going to their “My Account” tab on the Site or by (emailing [email protected]). No partial month refunds will be provided. For Premium Memberships purchased at a discounted rate in exchange for a twelve (12) month Premium Membership commitment, if Premium Member chooses to cancel their Premium Membership prior to the expiration of your 12 month commitment, Member will be charged the remaining Membership Fee balance owed for the entire 12 month commitment as a one-time payment, due and payable on the next billing date. Following the expiration of a 12 month Premium Membership commitment, unless Member cancels their Premium Membership on the Company Site prior to the renewal date or contacts Find A Hunt to renew via an annual commitment, the Premium Membership will automatically renew on a monthly basis at the monthly Membership Fee rate.
If you have a question about your membership, account cancellation, or otherwise, please contact Find A Hunt by emailing us at [email protected] or through the "Contact" section of the website.
REVIEWS AND FEEDBACK
We welcome and encourage you to provide feedback including Hunter’s reviews, comments and suggestions for improvements.
Reviews and Feedback may be submitted about your experience with Find A Hunt or about your experience with a Premium Member Listing. Reviews and feedback may be (a) uploaded onto the relevant Premium Member's Listing page on our Site for the sole purpose of informing User’s of your experience or you opinion of the level and quality of the service or product advertised in the Listing, and (b) (wholly or partly) used and placed by Find A Hunt at its sole discretion (e.g. for marketing, promotion or improvement of our platform and services) on our website or such social media platforms, newsletters, special promotions or other channels used by Find A Hunt. By submitting your review to Find A Hunt or on a Find A Hunt Service, you acknowledge that your review and certain personal information such as your name may be made publicly visible to other User’s. We reserve the right to refuse or remove reviews at our sole discretion. You may submit feedback or request to have a previously submitted and posted review removed by emailing us at [email protected] or through the "Contact" section of the website.
PASSWORDS/LOGIN
Members are required to maintain the confidentiality of all logins and passwords. You are responsible for the activities that occur under your Member Account, login or password. Find A Hunt is not responsible for any loss or damage arising from your failure to maintain the confidentiality of your Member Account, login information or password and/or failure to comply with these Terms and Conditions.
TERMINATION
In addition to any other termination rights permitted herein, Find A Hunt reserves the right to terminate or suspend a Member’s Account upon a good faith determination of a violation of these binding Terms and Conditions or any material provision of another agreement between the parties or their affiliates. Cause for termination includes, but is not limited to, breaches or violations (including threatened breaches or violations) of the Terms and Conditions, requests by law enforcement, fraudulent or illegal activity by you, discontinuance or material modification of Find A Hunt Services, nonpayment of fees owed by you in connection with Find A Hunt or its affiliates’ services, account inactivity or technical or security issues. Upon termination, Find A Hunt shall have no obligation to maintain or forward any content in your account.
OWNERSHIP AND LICENSE GRANT
Find A Hunt retains all rights (including Intellectual Property Rights as defined below), title and interest in the Services, including the Company’s: website, Company Materials, Email Alert database, technology, and all underlying technology and data including any enhancements and improvements thereto as a result of providing the deliverables hereunder. You may not frame such websites, except where specifically permitted with written authorization from the Company. You will not and will not allow others to: reverse engineer, decompile, disassemble, merge, copy, use, disclose, sell or transfer the underlying source code or structure or sequence of Company’s technology or delete or alter author attributes or copyright notices.
Intellectual Property Rights means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including, without limitation, (a) all rights associated with works of authorship including, without limitation, copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.
You grant Find A Hunt the right to market or list your name or company name and any provided Listing Content on any of the Find A Hunt Services.
LIMITATION OF LIABILITY AND INDEMNIFICATION
IN NO EVENT SHALL FIND A HUNT BE LIABLE FOR ANY INDIRECT, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS, INTERRUPTION OF BUSINESS, LOSS OF GOODWILL OR BUSINESS REPUTATION, OTHER INTANGIBLE LOSS, INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES, LOSS OF USE OF DATA, LOSS OF DATA, COMPUTER VIRUSES, COMPUTER CORRUPTION, DELETION OR CORRUPTION OF CONTENT OR DATA MAINTAINED OR TRANSMITTED THROUGH THE USE OF FIND A HUNT’S SERVICES, PRIVATE LISTING FUNCTIONALITY OR MEMBER’S FAILURE TO KEEP LOGIN AND/OR PASSWORD SECURE AND CONFIDENTIAL ARISING OUT OF THESE BINDING TERMS AND CONDITIONS. Your exclusive remedy and Find A Hunt’s entire liability under these Terms and Conditions shall be a refund of the fees paid to Company hereunder, and in no event will Company’s liability for any reason exceed such fees. Find A Hunt (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Listing information, and you shall indemnify Find A Hunt (and Find A Hunt’s officers, directors, employees and agents), and hold each of them harmless from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys’ fees) as a result of a claim by any person other than User arising from User’s use, reliance on, or application of the Listing information. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.
BY USING THE SERVICE, YOU WAIVE AND RELEASE FIND A HUNT FROM ANY AND ALL LIABILITY OF ANY AND EVERY KIND OR CHARACTER, KNOWN OR UNKNOWN, WHICH YOU MIGHT HAVE ASSERTED OR ALLEGED AGAINST ANY OF THE FIND A HUNT BY REASON OF OR ARISING OUT OF THE SERVICE OR YOUR USE THEREOF. THE WAIVERS AND RELEASES SET FORTH IN THESE TERMS AND CONDITIONS INCLUDE CLAIMS OF WHICH YOU ARE PRESENTLY UNAWARE OR WHICH YOU DO NOT PRESENTLY SUSPECT TO EXIST WHICH, IF KNOWN BY YOU, WOULD MATERIALLY AFFECT YOUR WAIVER AND RELEASE SET FORTH ABOVE.
WARRANTY DISCLAIMERS
THE LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, PROPERTY FACTS INFORMATION, PRO TOOLS AND FIND A HUNT MARKET TREND REPORTS ARE PROVIDED “AS IS” AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. FIND A HUNT MAKES NO PROMISES, REPRESENTATION OR WARRANTIES, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE LISTINGS, SERVICE, SALES COMP INFORMATION, OR PROPERTY FACTS INFORMATION, INCLUDING THEIR ACCURACY, OPERATION, CONFORMITY TO ANY REPRESENTATION OR DESCRIPTION, OR THE EXISTENCE OF ANY LATENT OR PATENT DEFECTS, AND FIND A HUNT SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, QUIET ENJOYMENT, WORKMANLIKE EFFORT, NONINFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES RELATING TO ENCUMBERANCES OR LIENS, AND, UNDER THE LAW OF THE UNITED STATES, THE IMPLIED CONDITIONS OF SATISFACTORY QUALITY AND ACCEPTANCE AS WELL AS ANY LOCAL JURISDICTIONAL ANALOGUES TO THE ABOVE AND OTHER IMPLIED OR STATUTORY WARRANTIES. FIND A HUNT MAKES NO PROMISES, REPRESENTATIONS OR WARRANTIES THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR SECURE. ANY MATERIAL DOWNLOADED FROM FIND A HUNT’S WEBSITE, INCLUDING LISTINGS, SERVICE, PROPERTY COMPS INFORMATION, OR PROPERTY FACTS INFORMATION IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WAIVE ALL CLAIMS AND CAUSES OF ACTION RELATING TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE OR LOSS OR CORRUPTION OF DATA THAT RESULTS FROM SUCH DOWNLOADS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM FIND A HUNT OR ITS SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS AND CONDITIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.
ANY DOCUMENTS, PICTURES, OR OTHER INFORMATION AVAILABLE THROUGH THE SERVICES ARE FOR INFORMATIONAL PURPOSES ONLY, AND MAY NOT REPRESENT THE CURRENT CONDITION OF A PROPERTY OR THE CONDITION OF THE PROPERTY AT THE TIME OF LISTING OR SALE. THE POSTING OF PICTURES THROUGH THE SERVICE DOES NOT CONSTITUTE A GUARANTEE THAT ANY ITEMS REPRESENTED IN THE PICTURES WILL BE PRESENT. YOU ARE ENCOURAGED TO CONDUCT YOUR OWN DUE DILIGENCE AND INVESTIGATE ALL MATTERS RELATING TO ANY LISTINGS. YOU SHOULD SEEK INDEPENDENT ADVICE, INCLUDING LEGAL ADVICE, TO PERFORM YOUR DUE DILIGENCE AND THAT YOU USE GOOD FAITH EFFORTS IN DETERMINING THAT THE CONTENT OF ALL INFORMATION PROVIDED TO OR OBTAINED BY YOU IS ACCURATE.
Updated: November 29, 2022
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