THE FOLLOWING DESCRIBES THE TERMS ON WHICH TerraStride, Inc. OFFERS YOU ACCESS TO OUR SERVICES via our site www.huntstand.com (Huntstand.com).
Welcome to HuntStand.com's User Agreement. This User Agreement describes the terms and conditions applicable to your use of our services at Huntstand.com. Any reference in this User Agreement to we or our shall refer to TerraStride, Inc.
This User Agreement is effective immediately. We may amend this User Agreement at any time by posting the amended terms on our site. This User Agreement may not be otherwise amended except in a writing signed by you and TerraStride, Inc.
Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended huntstand.com customers.
1.1 Huntstand.com Communication
Huntstand.com utilizes email as a vital and primary communication channel with users. As a registered user, you hereby acknowledge and grant us permission to communicate with you via email (as well as other communication channels such as phone and fax) for any purpose we determine to be relevant including, but not limited to, system messages, product updates, service announcements and other marketing messages. We will use reasonable efforts to honor your request to opt out of marketing messages, but under no circumstances will we have any liability for sending any email to our registered users/customers.
2. Fees and Services.
Registering on Huntstand.com is free.
3. HuntStand.com is a Mapping Platform.
Our site acts as a Mapping Platform for owners, hunters, users of property and others who wish to use our mapping editing technology and suite of weather, game, and geospatial tools. We are not involved in any transactions (if applicable) between hunters, buyers, lease holders, sellers, or any other Huntstand.com users. As a result, we have no control over the quality, safety or legality of the properties, or services listed, the truth or accuracy of properties and their assets, the ability of owners and users to promote, sell, lease, or conduct any transaction in regards to properties, items, or services or the ability of others to use, review, buy, or conduct any transaction in regards to properties, items, or services.
3.2 Safe Trading.
We cannot and do not confirm each or any user's purported identity.
We are not involved in the actual transaction between Huntstand.com users. In the event that you have a dispute with one or more users, you release TerraStride, Inc. (and our officers, directors, agents, subsidiaries, affiliates and employees) from any and all claims, demands, damages (actual and consequential), losses, costs and expenses of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control.
We do not control the information provided by our users, which is made available through HuntStand.com. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using our site. Please note that there are also risks of dealing with foreign nationals, underage persons or people acting under false pretense.
4. Your Information.
"Your Information" is defined as any information you provide to us or other users in the registration process, in any part of Huntstand.com or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
Without limiting any other remedies, we may suspend or terminate your account if you are found (by conviction, settlement, published statements, statements of others, our own investigation, accusation or otherwise) to have engaged in fraudulent activity in connection with our site.
You guaranty, warrant and represent that every piece of information you place in any advertisement on our site is accurate, true and correct and you guarantee without caveat to its veracity in all forms and parts.
4.3 Your Information (or any items listed therein): (a) shall not be false, inaccurate or misleading; (b) shall not be fraudulent or involve the sale of counterfeit or stolen items; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation (including without limitation those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene or contain child pornography or be harmful to minors, and if so shall be distributed only to people legally permitted to receive such content; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this User Agreement; (bb) are identical to other items you have on the site; or (cc) you do not have a right to link to or include. Furthermore, you may not create any map on our site that could cause us to violate any applicable law, statute, ordinance or regulation.
4.4 Your Information (or any items listed therein) exists solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any and all rights you may have in Your Information, in any media now known or not currently known, with respect to Your Information.
We strongly urge you to read our Privacy Statement and Notice of Privacy Practices, which is accessible through the home page of HuntStand.com at www.huntstand.com/privacy/. Our Privacy Statement and Notice of Privacy Practices describes HuntStand’s information practices and procedures for collection and use of personal information when you use HuntStand.com or sign up to use our services. Our Privacy Statement and Notice of Privacy Practices are hereby incorporated into this User Agreement by reference. By agreeing to this User Agreement, you acknowledge that you have reviewed, understood and explicitly consented to the terms and conditions set forth in the Privacy Statement and Notice of Privacy Practices.
6. Access and Interference.
You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of HuntStand.com. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to us by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for Your Information) from our website without the prior expressed written permission of us.
Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and cancel any maps you created using our site and refuse to provide our services to you: (a) if you breach this User Agreement or the documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.
10. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some geographic regions (such as States) do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.
11. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS, LOST REVENUE OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS USER AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE). OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY AND ALL CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some geographic regions (such as States) do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any and all claims, demands, damages (actual and consequential), losses, costs and expenses (including reasonable attorneys' fees) due to or arising out of your breach of this User Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
13. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our web site and services.
14. No Agency.
You and TerraStride, Inc. are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this User Agreement.
Except as explicitly stated otherwise, any notices shall be given by postal mail to TerraStride, Inc. at 1712 St. Julian Place, Columbia, SC 29204. Notice shall be deemed given 24 hours after email is sent to you at the email address you provided, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to us during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this User Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be held in Columbia, SC. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or we may seek any interim or preliminary relief from a court of competent jurisdiction in necessary to protect your or our rights or property pending the completion of arbitration.
This User Agreement shall be governed in all respects by the laws of the State of South Carolina. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this User Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This User Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
18. Your Responsibility to Uphold the User Agreement.
You agree to this User Agreement and also agree not to provide any other person a link to Huntstand.com or its sub-pages such that that person avoids seeing or agreeing to this User Agreement.
HuntStand.com is an independent website, owned by TerraStride, Inc., and is not affiliated with any real estate agency, contractor, developer, landowner, or land manager. The publisher is neither an agent nor broker. No responsibility can be assumed as to the description or condition of properties listed. The contents of the maps and advertisements online are the responsibility of the advertiser. No warranty is implied or given by the publisher. The publisher reserves the right to reject questionable advertising. This entire disclaimer applies to all websites and publications owned by TerraStride, Inc.