TERMS AND CONDITIONS
FOR USE OF, AND BOOKING ON, BUYHUNTS.COM
The website www.BuyHunts.com (the “Site”) is owned and operated by BuyHunts.com, LLC, a Texas limited liability company, (collectively called “BuyHunts” or “we”) and such website is provided to the public (“you”, “Customer” or “Guest”), subject to the terms and conditions herein, as amended from time to time (the “Terms”). You should read and understand these Terms in their entirety before entering into any transactions on the Site. You agree to the Terms, without limitation, as amended from time to time, when you use the Site in any manner. If you do not accept these Terms and agree to them in their entirety, you must not use the Site. You understand that BuyHunts.com is an advertising platform for Providers of services, such as resort, cabin, hotel and other lodgings, hunting and fishing guides and supplies, equipment rentals and other hunting and fishing services (“Providers”) to present their products and that BuyHunts.com does not endorse or guarantee any product offered or make any representation as to the Provider. The services provided by the Providers, including resort, cabin, hotel and other lodgings, hunting and fishing guides and supplies, equipment rentals and other hunting and fishing services are hereafter called “Excursion”, Excursions” or “Excursion Inventory”. You understand and agree that any booking of any such services shall be subject to the terms, conditions and provisions of this Agreement, as it may be amended from time to time. You also understand and agree that any booking of any such services shall be subject to the terms, conditions and provisions of the policies of the respective Provider(s) with which you are booking a service, as they may be amended from time to time.
GENERAL INFORMATION REGULATING THE USE OF THIS SITE
1. You must be of legal age and otherwise able to legally enter into a binding contract with BuyHunts.
2. You must read these Terms each time you use the Site because they are subject to change from time to time without notice to you.
3. You must use this Site for its intended purpose, which is to provide you with data about our hunting and fishing Excursions offered by BuyHunts (the “Data”) so that you may purchase the Excursion offered on the Site. You must not violate any regulations, laws or statutes when you use this Site.
4. You must read BuyHunts’s Privacy Policy located at www.BuyHunts.com, and you agree to the terms of BuyHunts’s Privacy Policy. Your use of the Site is also subject to the terms of the Privacy Policy. Information that you send to BuyHunts by email is not confidential and BuyHunts is under no obligation to refrain from allowing such communication to be published.
5. Your use of the Site is subject to the limited, revocable license that BuyHunts provides to you and as described below. Your use of the Site must not adversely affect the Site or BuyHunts’s computer systems and networks.
6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE, BUYHUNTS.COM AND ITS OWNER AND OPERATOR, BUYHUNTS.COM, LLC, THEIR SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, CAUSE OF ACTION OR DEMAND, LOSS, FINE, PENALTY, OR COST, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, AS A RESULT OF YOUR BREACH OF THESE TERMS AND/OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF THIRD PARTIES WITH RESPECT TO YOUR USE OF THIS SITE.
7. BuyHunts may change the Excursion Inventory, the Data, the Terms, and/or the Privacy Policies at any time, without notice to you. In addition, BuyHunts does not guarantee the availability of the Site to you or that it will be virus free.
8. The inclusion or offering of any Excursion Inventory on this Site does not constitute an endorsement or recommendation of such Inventory and BuyHunts does not guarantee or warrant that the Excursion Inventory has been evaluated. Usage of links to third party Sites, if any are shown on the Site, is at your own risk, since any such links are provided for your reference only.
9. BUYHUNTS.COM AND BUYHUNTSCOM, LLC, MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR ANY DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, EXCURSION INVENTORY, THE PROVIDERS LISTED THEREON AND/OR OPERATION OF THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, EXPRESSLY DISCLAIM ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED THAT THE SITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, SOFTWARE, PRODUCTS, AND EXCURSION INVENTORY SHOWN ON THIS SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUYHUNTS.COM AND BUYHUNTS.COM, LLC, DISCLIAM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. THE PROVIDERS OF THE EXCURSION INVENTORY SHOWN ON THE SITE ARE INDEPENDENT CONTRACTORS, AND ARE NOT AGENTS OF BUYHUNTS.COM OR BUYHUNTS.COM, LLC. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH PROVIDER OF SUCH EXCURSIONS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, RESULTING THEREFROM. ALL EXCURSION RESERVATIONS AND BOOKINGS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY THE PROVIDERS OF SUCH EXCURSION SERVICES. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, THEIR OFFICERS, DIRECTORS, AGENTS AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY DATA OR INFORMATION OBTAINED THROUGH THIS SITE, OR FOR ANY USE OF OR EXPOSURE TO ANY INTERACTIVE FORUMS ON THE SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY BUYHUNTS.COM, BUYHUNTS.COM, LLC, OR THE EXCURSION PROVIDERS, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BUYHUNTS.COM, BUYHUNTS.COM, LLC, AND/OR THE EXCURSION PROVIDERS HAVE BEEN ADVISED OF THE POSSSIBLIITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE. BUYHUNTS.COM AND BUYHUNTS.COM, LLC’S LIABILITY FOR EACH EXCURSION INVENTORY TRANSACTION, IS LIMITED TO THE AMOUNT YOU PAID TO BUYHUNTS.COM FOR SUCH EXCURSION BOOKING. IN THE EVENT OF A FINDING OF LIABILITY AGAINST BUYHUNTS.COM OR BUYHUNTS.COM, LLC, YOU ACKNOWLEDGE AND AGREE, THAT LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID FOR THE EXCURSION IN CONNECTION WITH SUCH LIABIITY OR (B) ONE HUNDRED U.S. DOLLARS ($100.00). ACCEPTANCE BY YOU OF ANY REFUND OFFERED CONSTITUTES A WAIVER BY THE YOU, THE CUSTOMER, OF ALL RIGHTS AND REMEDIES UNDER APPLICABLE LAW, OTHER THAN THE AMOUNT OF THE REFUND.
10. BuyHunts may terminate or restrict your use of the Site, refuse to offer or sell any booking from our Excursion Inventory to you, and edit the content of the Site, without notice or liability to you. You may not use the Site for any speculative, false, or fraudulent reservations. You must not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or the information pertaining to the Excursion Inventory or data found on this Site. You may not (i) access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of BuyHunts; (ii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (iii) take any action that imposes, or may impose, in the discretion of BuyHunts, an unreasonable or disproportionately large load on the BuyHunts infrastructure; or (iv) deep-link to any portion of this Site (including, without limitation, the purchase path for any information pertaining to the Excursion Inventory for any purpose without express written permission of BuyHunts. You will not use this Site for any purpose that is unlawful and/or prohibited by these Terms.
11. All content included on this Site, including but not limited to, data, content, graphics, sound, artwork, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of BuyHunts or the Providers shown on the Site and is protected by United States and international copyright laws. BuyHunts, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of BuyHunts or the party that owns the mark. Any software that is available on this Site is owned by BuyHunts or the Providers shown on the Site. BuyHunts is not responsible for any of the content on the Site which has been provided to the Site by Providers, including, but not limited to, its accuracy, timeliness, completeness and appropriateness of the content. The software on this Site is subject to either these Terms and (i) any license agreement provided at the time of initial use by you or (ii) if no license agreement is provided to you at the time of initial use by you, a grant by BuyHunts of a license for you to use the software for your personal, non-commercial, non-transferable purpose. No warranty or guarantee is made as to the software on this Site. Uploaded images on this Site are in the following formats: 'jpg', 'jpeg', 'gif', 'png', none may have more than 2MB in size. Videos which have been added to this Site have been uploaded from YouTube only.
12. All notices regarding these Terms and the Privacy Policies shall be sent to: BuyHunts.com, LLC, 4903 N. Fm 113, Weatherford, TX 76088 or to admin@BuyHunts.com.
INFORMATION REGULATING THE EXCURSION INVENTORY AND BOOKINGS ON THE SITE
13. The Site provides the specific conditions, rules, and qualifications relating to the Excursion Inventory and bookings. Your use of the Site is confirmation that you accept and understand these conditions, rules and qualifications.
14. Special requests relating to the Excursion Inventory are ultimately controlled by the Providers, not BuyHunts. BuyHunts will use its best efforts to have the Providers fulfill your requests for special needs. You must personally confirm, on a timely basis, the Provider’s ability to meet special needs requests directly with the Provider. Unless stated otherwise at the time of your purchase of Excursion booking, BuyHunts will not award or handle any requests for service, frequent travel points, upgrades, and other discount and membership incentives.
15. BuyHunts is an advertising platform for the Provider(s) and all data shown on the Site has been provided to BuyHunts by such Provider(s). All Data, including but not limited to availability and pricing for any Provider within the Excursion Inventory, has been provided to BuyHunts by the Provider(s) and is subject to amendment without notice prior to booking by you and confirmation by BuyHunts. BuyHunts does not check the accuracy of all information provided by the Provider(s).
16. BuyHunts is entitled to accept or reject your request to book Excursion at any time and/or for any legal reason or for no reason.
17. It is your responsibility to provide BuyHunts with accurate information relating to the purchase at the time of your request, and to provide any updates to the information.
18. Mapping locations and other data provided on this Site, if any, including without limitation, photographs and descriptions, are for your reference only and generally provided by the actual Providers. BuyHunts does not review or guarantee the accuracy of this data.
19. Additional policies relating to cancellations, changes, amendments, no shows, late or early arrivals, and similar situations may be in effect by the Providers that you booked. You accept these policies by use of this Site and your booking of an Excursion.
20. Provider’s rules, restrictions, and conditions may limit the use of the Excursion Inventory. For example, there may be minimum age restrictions and/or identification requirements for you to check into a Provider room. It is your obligation to review the Site and the Excursion Inventory Provider’s rules, restrictions and conditions provided on the Site.
21. BuyHunts adds a fee to each booking, which is based upon a percentage of the total booking cost paid to the Provider(s). The prices on the Site indicate the prices set by the individual Providers and also include the BuyHunts fee. The Site also shows the specific services that you will receive for such price. It is your obligation to pay for additional services and/or products purchased directly from the Provider(s). Such additional services/products include, but are not limited to, rollaway beds, meals (unless otherwise included in the Excursion), personal services, insurance, etc.
22. Your violation of any of the Terms herein or of the Providers’ rules, restrictions and conditions may result in the cancellation of your purchase with no refund, unless specifically noted otherwise within these Terms.
23. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be within the State of Texas. The laws of the State of Texas shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ADDITIONAL PROVIDER INFORMATION
24. All ‘held’ bookings must be paid in full in accordance with the specific policy of the respective Provider(s). In the event the Provider’s policy allows a partial payment deposit only rather than full payment, then you may do so on this Site. All booking cancellations, modifications and early checkouts are subject to the specific policy of the respective Provider(s). All requested refunds and ‘No Show” penalties are subject to the specific policy of the respective Provider(s). There will be no refund of BuyHunts fee.
25. All rates shown will be inclusive of all local and state taxes.
26. Payment for bookings may be done via credit/debit card. BuyHunts accepts Visa, MasterCard, American Express, Discover, Diners Club and JCB.
27. All cancellations, modifications and requests for refunds to bookings must be made directly with the Provider(s). No refund of the BuyHunts fee will be made, even if the Provider(s) issues a refund of payments made to the Provider(s).
28. All issues that are not resolved during use of service and requests for discounts and/or deductions due to complaints or claims must be presented directly to the Provider(s), in accordance with the policies of each respective Provider(s). Customer acknowledges that complaints made after the use of Excursion Inventory may have limited or no resolution.
29. A major credit card, or cash deposit, may be required upon Guests’ check-in at a Provider.
30. Customer acknowledges that Providers undergo renovations and construction from time to time. If a specific Provider is undergoing renovations while a Customer is resident in the Provider, the Customer is not entitled to a refund.
31. It is the responsibility of the Guest to ensure that they have funds available to pay for extra charges for any additional services or amenities. Many lodging Providers will require a credit card to be presented upon check in to cover such possible charges. We will not be held responsible for any additional charges the Guest may incur.
32. In the event that upon the Guest’s arrival at the Provider, the Provider has oversold and has no rooms available, the Provider will be responsible to re-book the Guest to a property of the same level and standard. We will NOT be held liable in such incidents, nor will we be liable to Customer for any costs incurred by the Guest during such incidents.
33. BuyHunts follows generally accepted practices for processing payments using credit/debit cards. BuyHunts provides your credit/debit card information to a third party processor, who may be located outside the United States, for processing payments. Please refer to our Privacy Policy for more detailed information regarding how we protect your personal information.
34. Review of the specific Provider website by the Customer is required for specific age restrictions relating to each reservation.
35. The total price shown on the Site includes applicable taxes, if any, and BuyHunt’s fee, unless stated otherwise at the time of booking (aggregately, the “Price”); service fees that apply to your reservation are disclosed to you at the time of booking your reservation. The Provider fees may include, but are not limited to, Provider taxes such as sales and use taxes, occupancy taxes, room taxes, excise taxes; value added taxes, and other similar taxes as well as service charges related to BuyHunts’ service and fulfillment of your reservation.
36. Extra fees imposed by the Provider, if any, are not included in the charges shown on our website or collected by BuyHunts, unless specifically noted on your reservation confirmation. The Guest must pay the Provider directly for additional or extra service or amenities. The Provider will assess these additional fees, charges, and surcharges directly to the Guest. All personal charges must be paid at the time of service, prior to departure from the Provider, or as designated by the Provider.
37. The Providers do not necessarily have the appropriate special rooms and/or equipment to accommodate persons with special needs. BuyHunts cannot guarantee the special rooms and/or equipment will be available.
MISCELLANEOUS
38. BuyHunts shall not be liable for any damages caused due to force majeure events including, but not limited to, strikes, riots, civil unrest, weather, acts of God, technology failures, and other events not within the total or partial control of BuyHunts.
39. These Terms and the Privacy Policy are the entire agreement between you and BuyHunts, and they replace and other agreements and/or understandings, whether oral or written, regarding your use of the Site. If a court determines that any part of these Terms or the Privacy Policies are unenforceable or invalid, these Terms will be enforced to fullest extent possible and the remaining parts of these Terms and the Privacy Policy shall remain valid and enforceable.
40. Your acceptance of these Terms and use of our Site do not create a joint venture, partnership, employment or agency relationship with BuyHunts. You may not assign, delegate or transfer your rights or obligations under these Terms. If BuyHunts fails to act with respect to your breach or anyone else’s breach of these Terms on any occasion, BuyHunts does not waive its right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, including but not limited to the warranty and liability waivers and limitations, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue to be valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our Site, and replaces any prior or contemporaneous written or oral understandings or agreements relating to the use of our Site. The laws of the State of Texas, USA, govern these Terms and any agreements herein. Any rights not expressly granted herein are reserved in accordance with applicable laws.
41. BuyHunts.com and BuyHunts and other related marks are all trademarks or registered trademarks of BuyHunts.
42. BuyHunts reserves the right to modify these Terms and our Site at any time without notice to you. Your continued use of this Site will be subject to the Terms in effect at the time of your use.
TERMS AND CONDITIONS
FOR PROVIDERS’ CONTENT ON BUYHUNTS.COM
The website www.BuyHunts.com (the “Site”) is owned and operated by BuyHunts.com, LLC, a Texas limited liability company, (collectively called “BuyHunts” or “we”) and such website is provided to Providers of content (“Provider”, “Providers” or “you”) and to the public (“Customer” or “Guest”), subject to the terms and conditions herein, as amended from time to time (the “Terms”). You, as a Provider, should read and understand these Terms in their entirety before using the Site or uploading any content thereon. You agree to the Terms, without limitation, as amended from time to time, when you use the Site in any manner. If you do not accept these Terms in their entirety, you should not use the Site. You understand that BuyHunts.com is a platform for Providers of services, such as resort, cabin, hotel and other lodgings, hunting and fishing guides and supplies, equipment rentals and other hunting and fishing services for you to present their products and that BuyHunts.com does not endorse or guarantee any product that you offer or make any representation as to your products or services. On the Site, the services provided by you, as a Provider, including resort, cabin, hotel and other lodgings, hunting and fishing guides and supplies, equipment rentals and other hunting and fishing services are hereafter called “Excursion”, Excursions” or “Excursion Inventory”. You understand that your listing of any such excursion Inventory on the Site shall be subject to the terms, conditions and provisions or this Agreement, as it may be amended from time to time.
GENERAL INFORMATION REGULATING THE USE OF THIS SITE
1. You must be of legal age and otherwise able to legally enter into a binding contract with BuyHunts.
2. You must read these Terms each time you use the Site because they are subject to change from time to time without notice to you.
3. You must use this Site for its intended purpose, which is to provide you with an advertising platform to present your services, including, hunting and fishing Excursions, and to offer the same to the public. You must not violate any regulations, laws or statutes when you use this Site.
4. You must read BuyHunts’s Privacy Policy located at www.BuyHunts.com, and you agree to the terms of BuyHunts’s Privacy Policy. Your use of the Site is also subject to the terms of the Privacy Policy. Information that you upload, or otherwise send, to BuyHunts by email is not confidential and BuyHunts is under no obligation to refrain from allowing such communication to be published.
5. Your use of the Site is subject to the limited, revocable license that BuyHunts provides to you and as described below. Your use of the Site must not adversely affect the Site or BuyHunts’s computer systems and networks.
6. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS THE WEBSITE, BUYHUNTS.COM AND ITS OWNER AND OPERATOR, BUYHUNTS.COM, LLC, THEIR SUBSIDIARIES AND AFFILIATES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY CLAIM, CAUSE OF ACTION OR DEMAND, LOSS, FINE, PENALTY, OR COST, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL AND ACCOUNTING FEES, AS A RESULT OF YOUR BREACH OF THESE TERMS AND/OR YOUR VIOLATION OF ANY LAW OR RIGHTS OF THIRD PARTIES WITH RESPECT TO YOUR USE OF THIS SITE.
7. BuyHunts may change the Terms, and/or the Privacy Policies at any time, without notice to you. In addition, BuyHunts does not guarantee the availability of the Site to you or that it will be virus free.
8. The allowance by BuyHunts for you to include or offer any of your Excursion Inventory on this Site does not constitute an endorsement or recommendation of such Inventory. Usage of links to third party Sites, if any are shown on the Site, is at your own risk, since any such links are provided for your reference only.
9. BUYHUNTS.COM AND BUYHUNTSCOM, LLC, MAKE NO WARRANTY OR REPRESENTATION OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE SITE AND/OR ANY DATA, SOFTWARE, MATERIALS, INFORMATION, PRODUCTS, EXCURSION INVENTORY, AND/OR OPERATION OF THE SITE, ALL OF WHICH ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOU EXPRESSLY AGREE THAT THE USE OF THIS SITE IS AT YOUR SOLE RISK. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, EXPRESSLY DISCLAIM ANY RESPRESENTATION OR WARRANTY, EXPRESS OR IMPLIED THAT THE SITE WILL BE ERROR-FREE, SECURE, UNINTERRUPTED, OR VIRUS-FREE. THE INFORMATION, LINKS OR SOFTWARE PRODUCTS, ON THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, BUYHUNTS.COM AND BUYHUNTS.COM, LLC, DISCLAIM ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. YOU ACKNOWLEDGE AND AGREE THAT YOU, AS A PROVIDER AND ALL OTHER PROVIDERS, ARE INDEPENDENT CONTRACTORS, AND ARE NOT AGENTS OF BUYHUNTS.COM OR BUYHUNTS.COM, LLC. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, ARE NOT LIABLE FOR ANY ACTS, ERRORS, OMISSIONS, REPRESENATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF YOU OR ANY OTHER PROVIDER OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE OR LOSS, INCONVENIENCE, LOSS OF ENJOYMENT, MENTAL DISTRESS OR OTHER SIMILAR MATTER, RESULTING THEREFROM. ALL EXCURSION RESERVATIONS AND BOOKINGS ARE ISSUED SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED BY YOU AS A PROVIDER OF SUCH EXCURSION SERVICES. BUYHUNTS.COM AND BUYHUNTS.COM, LLC, THEIR OFFICERS, DIRECTORS, AND/OR EMPLOYEES WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL LOSS, CLAIM, INJURY AND/OR DAMAGE ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF THIS SITE, OR FOR ANY DATA OR INFORMATION OBTAINED THROUGH THIS SITE, OR FOR ANY USE OF OR EXPOSURE TO ANY INTERACTIVE FORUMS ON THE SITE, OR ANY FAILURE OR DELAY, OR THE PERFORMANCE OR NONPERFORMANCE BY BUYHUNTS.COM, BUYHUNTS.COM, LLC, OR YOU AS A PROVIDER, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF BUYHUNTS.COM, BUYHUNTS.COM, LLC, AND/OR YOU HAVE BEEN ADVISED OF THE POSSSIBLIITY OF ANY LOSS, CLAIM, INJURY AND/OR DAMAGE. BUYHUNTS.COM AND BUYHUNTS.COM, LLC’S LIABILITY FOR EACH EXCURSION TRANSACTION, IS LIMITED TO THE AMOUNT PAID BY A CUSTOMER TO BUYHUNTS.COM, FOR SUCH BOOKING. IN THE EVENT OF A FINDING OF LIABILITY AGAINST BUYHUNTS.COM OR BUYHUNTS.COM, LLC, YOU ACKNOWLEDGE AND AGREE, THAT LIABILITY SHALL BE LIMITED TO THE GREATER OF (A) THE AMOUNT PAID FOR EXCURSION IN CONNECTION WITH SUCH LIABIITY OR (B) USD $100.00. ACCEPTANCE OF ANY REFUND OFFERED CONSTITUTES A WAIVER BY THE PROVIDER OF ALL RIGHTS AND REMEDIES UNDER APPLICABLE LAW, OTHER THAN THE AMOUNT OF THE REFUND.
10. BuyHunts may terminate or restrict your use of the Site, refuse to allow you to upload content or sell any of your Excursion Inventory to the public, and may edit the content of the Site, without notice or liability to you. You may not use the Site for any speculative, false, or fraudulent reservations. You must not reproduce, duplicate, modify, copy, distribute, transmit, display, sell, transfer, publish, create derivative works from or otherwise exploit for any purpose the content, software, products, or other information found on this Site, which is not owned by you. You may not (i) access, monitor or copy any content or information on this Site using any robot, spider, scraper or other automated means or any manual process for any purpose without express written permission of BuyHunts; (ii) violate the restrictions in any robot exclusion headers on this Site or bypass or circumvent other measures employed to prevent or limit access to this Site; (iii) take any action that imposes, or may impose, in the discretion of BuyHunts, an unreasonable or disproportionately large load on the BuyHunts infrastructure; or (iv) deep-link to any portion of this Site (including, without limitation, the purchase path for any information pertaining to the Excursion Inventory for any purpose without express written permission of BuyHunts. You will not use this Site for any purpose that is unlawful and/or prohibited by these Terms. You acknowledge and agree that the requirements for all images that are uploaded to the Site must be in ‘jpg’, 'jpeg', 'gif', or 'png' format and may not have more than 2MB in size. Any video link to be uploaded must be taken from YouTube only.
11. You must be the owner of all content that you upload to the Site, including but not limited to, data, content, graphics, sound and artwork and you must have the legal right to use the same and to upload it to the Site. You agree that the look and feel of the Site, including all page headers, custom graphics, button icons and scripts and computer code, is the property of BuyHunts and is protected by United States and international copyright laws. BuyHunts, its subsidiaries, and other third parties own the marks displayed on this Site. Nothing contained on this Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the marks without the express written permission of BuyHunts or the party that owns the mark. Any software that is available on this Site is owned by BuyHunts, or has been provider by you or other the Providers shown on the Site. Your use of any such software on this Site is subject to either these Terms and (i) any license agreement provided at the time of initial use by you or (ii) if no license agreement is provided to you at the time of initial use by you, a grant by BuyHunts of a license for you to use the software for your specific non-transferable purpose. No warranty or guarantee is made as to the software on this Site.
12. All notices regarding these Terms and the Privacy Policies shall be sent to: BuyHunts.com, LLC, 4903 N. Fm 113, Weatherford, TX 76088 or to admin@BuyHunts.com.
INFORMATION REGULATING THE EXCURSION INVENTORY
AND CONTENT ON THE SITE
13. The Site provides the specific conditions, rules, and qualifications relating to the Excursion Inventory and bookings. Your use of the Site is confirmation that you accept and understand these conditions, rules and qualifications.
14. Special requests made by customers to BuyHunts relating to the Excursion Inventory are ultimately controlled by you, the Provider, not BuyHunts. You must handle and otherwise respond to any special needs requests directly with the Customer. BuyHunts will not award or handle any requests for service, frequent travel points, upgrades, and other discount and membership incentives. You, the Provider, must handle or otherwise respond to such requests.
15. All Data, including but not limited to availability and pricing that you provide the Site, may be amended by you at any time, however you must immediately update your content on the Site for any such amendment to be effective.
16. BuyHunts is entitled to accept or reject your upload of content at any time and/or for any legal reason or for no reason. You may not upload any content, or link to the Site any link that provides, any content that may be reasonably construed as being obscene, profane, sexually explicit or otherwise any type of inappropriate material and BuyHunts reserves the exclusive right to make such determination, whether such material is obscene, profane, sexually explicit or inappropriate. In addition you may not upload or link to the Site any content or link which may in any way damage, or disparage, the reputation or goodwill of the Site or BuyHunts.
17. It is your responsibility to provide BuyHunts with accurate information relating to the content that you provide, and to provide any updates to the information.
18. Mapping locations and other data provided on this Site, if any, including without limitation, photographs and descriptions, are provided by you and other Providers for the Customers’ reference only. BuyHunts does not review or guarantee the accuracy of this data.
19. Your policies regarding cancellations, changes, amendments, no shows, late or early arrivals, and similar situations will be effect and are not governed or affect by BuyHunts.
20. As a Provider you may make and adopt rules, restrictions, and conditions which may limit the use of your Excursion Inventory. For example, you may adopt minimum age restrictions and/or identification requirements for a Customer to be allowed to participate. It is your obligation to enforce such rules, restrictions and conditions, and BuyHunts will not do so.
21. Providers must subscribe to the Site as a Provider to be allowed to upload content and for Customers to be able to make bookings for your excursions. All subscription will be for a twelve (12) month term. The Site contains a user dashboard and from such dashboard you, the Provider, can click on a subscribe button and can enter credit card details. The Site has two Provider subscription levels, Basic and Premium. Until further notice, you may sign up for the Basic subscription level at no charge. Premium subscription levels require prepayment in the amount of $499 per year.
22. The Basic subscription level provides the following services to Providers:
a) Up to 5 package listings.
b) Receive Hunting/Fishing Requests.
c) Manage Booking Calendar.
d) Manage bookings/ Receive payment online
23. The Premium subscription level provides the following services to Providers:
a) Unlimited package listings.
b) Receive Hunting/Fishing Requests.
c) Listing featured on Premium Listings Page.
d) Listing featured in search results.
e) Manage Booking Calendar
f) Manage Bookings/ Receive Payment Online
24. BuyHunts adds a fee to each booking, which is based upon a percentage of the total booking cost paid to you, the Provider(s). BuyHunts fee is paid by the Customer. The prices shown on the Site and which the Customer must pay; indicate the prices set by you, the Provider, plus applicable taxes and the BuyHunts fee. The Site also shows the specific services that the Customer will receive from providers for such price. You may provide additional services/products and be paid additional amounts for such services. Such additional services/products include, but are not limited to, rollaway beds, meals (unless otherwise included in the Excursion), personal services, insurance, etc. It is your responsibility to list, or otherwise include in your uploaded content, the availability of such services and to accurately show the prices therefor.
25. Your violation of any of the Terms herein or of the Providers’ rules, restrictions and conditions may result in the cancellation of your subscription with no refund.
26. Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association. The number of arbitrators shall be one. The place of arbitration shall be within the State of Texas. The laws of the State of Texas shall apply. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof.
ADDITIONAL PROVIDER INFORMATION
27. All booking cancellations, modifications and early checkouts are subject to the specific policy of you, the Provider. All requested refunds and ‘No Show” penalties are subject to the specific policy of you, the Provider. There will be no refund of BuyHunts fee.
28. All rates shown on the website will be inclusive of all local and state taxes.
29. Payment for bookings on the Website may be done via credit/debit card. BuyHunts accepts Visa, MasterCard, American Express, Discover, Diners Club and JCB. You, the Provider, are required to set up an account with the card payment processor, Stripe, to receive your payments. The Customers’ credit/debit card payments are held by Stripe, for one (1) day, in most instances, and your payment will then be credited to your Stripe account, after deducting the Stripe processing fee, which is 2.9% of the price of the booking plus $0.30 for each processing transaction. BuyHunts’s fee is also collected by Stripe as part of the Customer’s card transaction and will be credited to the BuyHunts Stripe account at the same time that your account is credited.
30. All cancellations and amendments must be made by the Customer with you, the Provider.
31 You may require a major credit card, or cash deposit, upon Guests’ check-in.
32. If you cancel a booking due to your cessation of operations, or transfer ownership of operations, you must provide (a) notice to the customer of the cancellation of the booking and (b) a list of alternative Excursion Inventory options.
33. Any refund or discount that you may give to a Customer for inconvenience caused by your renovations or construction will be at your discretion in accordance with your stated policy and BuyHunts will not be responsible for any such refund. BuyHunts fee is non-refundable.
34. In the event that, at the Guest’s arrival, you have oversold and you have no rooms available, it is your responsibility to re-book the Guest to a property of the same level and standard. We will NOT be held liable in such incidents, nor will we be liable to Customer for any costs incurred by the Guest during such incidents.
35. BuyHunts follows generally accepted practices for processing payments using credit/debit cards. BuyHunts provides your credit/debit card information to a third party processor, who may be located outside the United States, for processing payments. Please refer to our Privacy Policy for more detailed information regarding how we protect your personal information.
MISCELLANEOUS
36. BuyHunts shall not be liable for any damages caused due to force majeure events including, but not limited to, strikes, riots, civil unrest, weather, acts of God, technology failures, and other events not within the total or partial control of BuyHunts. Any lost bookings that you may suffer because of such events are not the responsibility of BuyHunts.
37. These Terms and the Privacy Policy are the entire agreement between you and BuyHunts, and they replace and other agreements and/or understandings, whether oral or written, regarding your use of the Site. If a court determines that any part of these Terms or the Privacy Policies are unenforceable or invalid, these Terms will be enforced to fullest extent possible and the remaining parts of these Terms and the Privacy Policy shall remain valid and enforceable.
38. Your acceptance of these Terms and use of our Site do not create a joint venture, partnership, employment or agency relationship with BuyHunts. You may not assign, delegate or transfer your rights or obligations under these Terms. If BuyHunts fails to act with respect to your breach or anyone else’s breach of these Terms on any occasion, BuyHunts does not waive its right to act with respect to future or similar breaches. If a court finds any of these Terms to be unenforceable or invalid, including but not limited to the warranty and liability waivers and limitations, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the Terms shall continue to be valid and enforceable. These Terms, together with those items made a part of these terms by reference, make up the entire agreement between us relating to your use of our Site, and replaces any prior or contemporaneous written or oral understandings or agreements relating to the use of our Site. The laws of the State of Texas, USA, govern these Terms and any agreements herein. Any rights not expressly granted herein are reserved in accordance with applicable laws.
39. BuyHunts.com and BuyHunts and other related marks are all trademarks or registered trademarks of BuyHunts.
40. BuyHunts reserves the right to modify these Terms and our Site at any time without notice to you. Your continued use of this Site and your continuing subscription will be subject to the Terms in effect at the time of your use.