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OUTDOORSMAN.com Terms and Conditions
Please read carefully. This describes the terms and conditions under which OUTDOORSMAN.com offers the services provided through our web site.
By accepting these terms, you confirm that you are 18 years of age or older, are capable of entering into a binding agreement, and that you will accurately complete any information submitted to us.
1. General Disclaimer
In using OUTDOORSMAN.com's service, you acknowledge that OUTDOORSMAN.com is not acting as your agent or advisor. Therefore, it is your sole responsibility to select an outfitter and to negotiate the terms for any hunt or adventure booked. OUTDOORSMAN.com does not recommend or endorse any specific outfitter, provide advice on which outfitter to select, or screen any individual outfitter's personal credit or legal standing.
We do not guarantee that we will be able to match your hunting or fishing adventure needs with an outfitter or that there are outfitters on our website that either are capable or willing to accommodate your desired trip. Although we take certain steps to examine the credentials of the outfitters listed on our website, we make no guarantees or representations regarding the experience and capability of such outfitters or the quality of services that he or she may perform for you if you elect to retain the services of one or more outfitters. It is entirely up to you to enter into a direct contract or otherwise reach agreement with an outfitter, agent, lodge, ect. We do not guarantee or warrant their performance or the outcome or quality of the services performed. Your rights under contracts you make with an outfitter are typically governed by the outfitter's state and local laws. Should you have a dispute with an outfitter, you must address such dispute to the outfitter directly, and you hereby agree to release OUTDOORSMAN.com (and our employees and agents) and any other person, firm, or entity (including our business partners) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such outfitter(s).
OUTDOORSMAN.com relies on statements made by outfitters regarding their business, insurance, and license information, and their references regarding the outfitter's past performance, to determine which outfitters to include in our directory. OUTDOORSMAN.com does not guarantee that any outfitter has licensing or insurance coverage at the time you enter into an agreement with the outfitter and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate, or recorded statement from an outfitter, does not guarantee that the insurance is in effect, as the outfitter may cancel the insurance without OUTDOORSMAN.com's knowledge. Unless otherwise specifically stated, OUTDOORSMAN.com does not endorse any service described in, offered on, or linked to OUTDOORSMAN.com's websites.
2. Links to Third Party Sites
The links in the OUTDOORSMAN.com web site will let you leave OUTDOORSMAN.com's web site. The linked sites are not under the control of OUTDOORSMAN.com and OUTDOORSMAN.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. OUTDOORSMAN.com is not responsible for web casting or any other form of transmission received from any linked site. OUTDOORSMAN.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OUTDOORSMAN.com of the site.
3. INFORMATION YOU PROVIDE TO US.
Upon using the OUTDOORSMAN.com services, you will be prompted to disclose certain information about yourself and your trip criteria. Some or all of this information will be sent to outfitters, trip agents, lodges, ect who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us, or by submitting a trip lead, you are requesting, and you expressly consent to being contacted by us and by our outfitters via phone, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, or for other purposes reasonably related to your hunt request and our business, including marketing related emails. For complete details on our use of your information, please see our privacy statement. You agree that by completing a trip lead, you are entering into a business relationship with OUTDOORSMAN.com and its outfitter partners and thus agree to be contacted by OUTDOORSMAN.com and/or its partners. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or OUTDOORSMAN.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any current or future use of the OUTDOORSMAN.com services (or any portion thereof) by you. You are responsible for any use of the OUTDOORSMAN.com services by persons to whom you intentionally or negligently allow access to your password or your interactive website session.
4. YOUR USE OF THE OUTDOORSMAN.COM SERVICES.
You acknowledge and agree that your use of the OUTDOORSMAN.com services is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on the OUTDOORSMAN.com Web site, including but not limited to outfitter profiles and reference feedback information, is the sole and exclusive property of OUTDOORSMAN.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your trip request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to OUTDOORSMAN.com for any such damages, and will indemnify OUTDOORSMAN.com in the event of any third party claims against OUTDOORSMAN.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the OUTDOORSMAN.com Web site and services at any time.
If it is determined or suspected by OUTDOORSMAN.com in its sole discretion that you are misusing or attempting to misuse or circumvent the OUTDOORSMAN.com services or system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, OUTDOORSMAN.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO OUTDOORSMAN.COM AND ITS OUTFITTER PARTNERS, AND TO OTHER USERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A TRIP REQUEST, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO OUTDOORSMAN.COM AND EACH OUTDOORSMAN.COM PARTNER OUTFITTERS WHO RECEIVE SUCH TRIP REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF OUTDOORSMAN.COM AND EACH OF THE AFFECTED PARTNER OUTFITTERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
5. Changes to the Service or Terms
OUTDOORSMAN.com may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement.
6. Limitations of OUTDOORSMAN.com's Liability Release
OUTDOORSMAN.com and its partner outfitters will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account or interactive website session. OUTDOORSMAN.com's total cumulative liability to you and anyone who uses the service or the Third Party services through your account or interactive website session, for any and all claims under any theory of law (including negligence), will not exceed $100. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting OUTDOORSMAN.com's liability beyond what is permissible under applicable law. You agree not to hold OUTDOORSMAN.com responsible for any damages or other liabilities arising from services performed by any outfitter. Because OUTDOORSMAN.com is not and cannot be involved in your dealings with service providers (i.e. outfitters) or control whether or not service providers will perform services as agreed, in the event that you have a dispute with one or more service providers, you release OUTDOORSMAN.com (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) 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.
You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Cache County, Utah. 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. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of OUTDOORSMAN.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that OUTDOORSMAN.com, its member outfitters, and affiliated partners may use your contact information, including your email address to contact you regarding your hunting, fishing or trip lead, and to provide you with related content in occasional email correspondence and newsletters. If at anytime you wish to be removed from our follow up or newsletter emails, you may contact us at email@example.com and request to opt-out of future communications.
OUTDOORSMAN.com, the member outfitters, and any OUTDOORSMAN.com Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Utah, in the same manner and to the same extent that such laws apply to agreements between Utah residents performed entirely within Utah. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by OUTDOORSMAN.com or its representatives or resellers.