Effective Date May 27, 2019
Hunting Partner is operated by TimberlineView, LLC. As used in this Agreement, the terms “Hunting Partner,” “us,” “we,” “the company,” and “our” shall refer to TimberlineView, LLC and/or HuntingPartner.com.
We reserve the right to modify, amend, or change the Terms at any time. Notice of any material change will be posted on this page with an updated effective date. In certain circumstances, we may notify you of a change to the Terms via email or other means, as appropriate under the circumstances; however, you are responsible for regularly checking this page for notice of any changes. We agree that future changes will not be retroactive without your consent. Your continued use of the website and services constitutes your acceptance of any change, and you will be legally bound by the updated Terms. If you do not accept a change to the terms, you should stop using our website and services immediately.
2. Account Eligibility; Your Responsibilities
By using our website and services, you represent and warrant that:
- You are at least 18 years old;
- You are legally qualified to enter a binding contract with TimberlineView, LLC, Hunting Partner, and HuntingPartner.com
- You are located in the United State or Canada;
- You are not on any list of individuals prohibited from conducting business in or with the United States;
- You are not prohibited by law from using our website or services;
- You have not been convicted of or pled no contest to a felony offense;
- You are not required to register as a sex offender with any state, federal or local sex offender registry;
- You do not have more than one account on our website;
- You have not previously been removed from our website by us, unless you have our express written permission to create a new account;
If at any time you cease to meet these requirements, you must immediately delete your account.
You agree to:
- Comply with these Terms, and check this page from time to time to ensure you are aware of any changes;
- Comply with all applicable laws, including without limitation, privacy laws, intellectual property laws, anti-spam laws, and regulatory requirements;
- Treat other users in a courteous and respectful manner;
- Be respectful when communicating with any of our employees;
- Maintain a strong password and take reasonable measures to protect the security of your login information;
You agree that you will not:
- Misrepresent your identity, age, current or previous positions, qualifications, or affiliations with a person or entity;
- Use the website or services in a way that damages the website or services or prevents their use by other users;
- Use our website or services in a way to interfere with, disrupt or negatively affect the platform, the servers, or our services’ networks;
- Use our website or services for any harmful, illegal or nefarious purpose;
- Harass, bully, stalk, intimidate, assault, defame, harm or otherwise mistreat any person, member or employee on or associated with the website and service;
- Post or share prohibited content;
- Solicit passwords for any purpose, or personal identifying information for commercial or unlawful purposes from other users or disseminate another person’s personal information without his or her permission;
- Solicit money or other items of value from another user, whether as a gift, loan, or form of compensation;
- Use another user’s account;
- Allow another person to use your account;
- Use our website or services in relation to fraud, a pyramid scheme, or other similar practice;
- Violate the terms of the license granted to you by us;
- Disclose private or proprietary information that you do not have the right to disclose;
- Copy, modify, transmit, distribute or create any derivative works from any Member content or Our content, or any copyrighted material, images, trademarks, trade names, service marks, or other intellectual property, content or proprietary information accessible through our website or services with our written consent;
- Express or imply that any statements you make are endorsed by us;
- Use any robot, crawler, site search/retrieval application, proxy or other manual or automatic device, method, or process to access, retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of our website or its contents;
- Upload viruses or other malicious code or otherwise compromise the security of our Services;
- Forge headers or otherwise manipulate identifiers to disguise the origin of any information transmitted to or through our website or services;
- “Frame” or “mirror” any part of our website or services without our prior written authorization;
- Use meta tags or code or other devices containing any reference to Hunting Partner, HuntingPartner.com or the platform or any trademark, trade name, service mark, logo or slogan of Hunting Partner to direct any person to any other website for any purpose;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decipher, decompile, or otherwise disassemble any portion of our website or services, or cause others to do so;
- Use or develop any third-party applications that interact with our website or services or Member content or information without our written consent;
- Use, access, or publish the Hunting Partner application programming interface without our written consent;
- Probe, scan or test the vulnerability of our website, services or any system or network;
- Encourage, promote, or agree to engage in any activity that violates these Terms.
Prohibited Content – Hunting Partner prohibits uploading or sharing content that:
- Is likely to be deemed offensive to or harass any other person;
- Is obscene, pornographic, violent or otherwise may offend human dignity, or contains nudity;
- Encourages or facilitates any illegal activity including, without limitation, terrorism, inciting racial hatred or the submission of which in itself constitutes committing a criminal offense;
- Is defamatory, libelous, or untrue;
- Seeks, initiates, or encourages any type of romantic or sexual relationship;
- Relates to commercial activities without our written consent;
- Sales, competitions, promotions, advertising, solicitation for services, or links to other websites without our written consent;
- Involves the transmission of “junk” mail or “spam”;
- Contains any spyware, adware, viruses, corrupt files, worm programs or other malicious code designed to interrupt, damage, or limit the functionality of or disrupt any software, hardware, telecommunications, networks, servers, or other equipment, Trojan horse or any other material designed to damage, interfere with, wrongly intercept or expropriate any data or personal information whether from Hunting Partner or otherwise;
- Infringes upon any third party’s rights, including without limitation, intellectual property and privacy rights;
- Was not written by you or was automatically generated, unless expressly authorized by us;
- Includes the image or likeness of another person without that person’s consent (or in the case of a minor, the minor’s parent or guardian);
- Is inconsistent with the intended use of the website and services; or
- May harm to reputation of Hunting Partner or its affiliates.
The uploading or sharing of content that violates these terms (“Prohibited Content”) may result in the immediate suspension or termination of your account.
While using our website and services you will have access to: (1) content that you upload or provide while using the website (“Your Content”); (2) content that other users upload or provide while using our website or services (“Member Content”); and (3) content that We provide on and through our website and services (“Our Content”). In this Agreement, “content” includes, without limitation, all text, images, video, or other material on website, including information on users’ profiles and in direct message between users.
3a. Your Content
You are solely responsible and liable for the Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.
You represent and warrant to us that the information you provide to us or any other user is accurate, including any information submitted through Facebook or other third-party sources, and that you will update your account information as necessary to ensure its accuracy.
The content included in your individual profile should be relevant to the intended use of our website and services. You may not display any personal contact or banking information, whether in relation to you or any other person (for example, names, home addresses or postal codes, telephone numbers, email addresses, URLs, credit/debit card or other banking information). If you choose to reveal any personal information about yourself or other users, you do so at your own risk. We encourage you to use caution in disclosing any personal information online.
Your individual profile will be visible to other people around the world, so be sure that you are comfortable sharing Your Content before you post. You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding the Terms, other users may share Your Content with third parties. By uploading Your Content, you represent and warrant to us that you have all the necessary rights and licenses to do so and automatically grant us a license to use Your Content as provided under Section 7 below.
You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit or block or prevent access to any of Your Content at any time in our sole discretion. Furthermore, you understand and agree that we have no obligation to display or review Your Content.
3b. Member Content
Other users will also share content on our website and services. Member Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.
You do not have any rights in relation to Member Content, and you may only use Member Content to extent that your use is consistent with our website’s purpose of allowing use to communicate with and connect with other users. You may not copy the Member Content or use Member Content for commercial purposes, to spam, to harass, or to make unlawful threats. We reserve the right to terminate your user account if you misuse Member Content.
3c. Our Content
We own all other content on our website. Any other text, content, graphics, user interface, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our website is owned, controlled or licensed by us and protected by copyright, trademark, and other intellectual property law rights. All rights, title and interest in and to Our Content remains with us at all times.
We grant you a limited license to access and use Our Content as provided under Section 6 below, and we reserve all other rights.
4. Inappropriate Content and Misconduct; Reporting
We are committed to maintaining a positive and respectful website and network. We do not tolerate inappropriate content or misconduct by users. We encourage you to report inappropriate Member Content or misconduct by others. You can report a user directly through the Contact form or by emailing firstname.lastname@example.org.
Member Content is subject to the terms and conditions of Sections 512(c) and/or 512(d) of the Digital Millenium Copyright Act 1998. To submit a complaint regarding Member Content that may constitute intellectual property infringement, see Section 12 (Digital Millennium Copyright Act) below.
6. Rights you are granted by Us.
You have the right to use and enjoy our website and services subject to these Terms.
7. Rights you Grant Us.
You own all the content you provide, but you also grant us the right to use Your Content as provided in this Agreement.
By creating an account, you grant Us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify and distribute Your Content, including any information you authorize us to access from Facebook or other third-party source, in whole or in part, and in any format or medium currently know or developed in the future. Our license to Your Content shall be non-exclusive, except that Our license shall be exclusive with respect to derivative works created through use of our website or services.
In addition, so that We can prevent the use of Your Content outside of our website or services, you authorize Us to act on your behalf with respect to infringing uses of Your Content taken from our website or services by other users or third parties. This expressly includes the authority, but not the obligation, to send notices pursuant to 17 U.S.C. § 512(c)(3) on your behalf if Your Content is taken and used by third parties outside of Our website and services. We are not obligated to take any action with regard to use of Your Content by other users or third parties. Our license to Your Content is subject to your rights under applicable law.
In consideration for Us allowing you to use Our website and services, you agree that we, our affiliates, and our third-party partners may place advertising on our website and services. By submitting suggestions or feedback to us regarding our website or services, you agree that We may use and share such feedback for any purpose without compensating you.
You agree that We my access, preserve, and disclose your account information, including Your Content, if required to do so by law or upon a good faith belief that such access, preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the Terms; (iii) respond to claims that any content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of the Company or any other person.
8. Purchases and Automatically Renewing Subscriptions
If you join Hunting Partner as a paid Member, your membership will automatically renew, and you will be charged, until you cancel your membership.
We offer products and services for purchase via credit card or other third-party payment processors.
8a. Purchases and Subscriptions
If you make a Purchase, you agree to pay the prices displayed to you for the Services you’ve selected as well as any sales or similar taxes that may be imposed on your payments (and as may change from time to time), and you authorize us to charge the payment method you provide (your “Payment Method”). We may correct any billing errors or mistakes even if we have already requested or received payment. If you initiate a chargeback or otherwise reverse a payment made with your Payment Method, We may terminate your account immediately in our sole discretion, on the basis that you have determined that you do not want a subscription. In the event that your chargeback or other payment reversal is overturned, please contact us at email@example.com.
If your Internal Purchase includes an automatically renewing subscription, your Payment Method will continue to be periodically charged for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for the price and time period you agreed to when subscribing until you cancel.
If payment is not successfully processed, due to expiration, insufficient funds, or otherwise, you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates.
In addition, you authorize us to obtain updated or replacement expiration dates and card numbers for your credit or debit card as provided by your credit or debit card issuer. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer, or another provider of your chosen Payment Method. Certain users may be entitled to request a refund. See Section 8d below for more information.
Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if the laws applicable in your jurisdiction provide for refunds.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island and Wisconsin: Your right to cancel – You may cancel your membership, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use Our website or services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described below.
9. Account Termination
You can delete your account at any time.
We reserve the right to investigate and, if appropriate, suspend or terminate your account without a refund if you have violated these Terms, misused our website or services, or behaved in a way that We regard as inappropriate or unlawful. We reserve the right to make use of any personal, technological, legal, or other means available to enforce the Terms, at any time without liability and without the obligation to give you prior notice, including, but not limited to, preventing you from accessing the website or services.
10. NO CRIMINAL BACKGROUND OR IDENTITY VERIFICATION CHECKS
WE DO NOT CONDUCT CRIMINAL BACKGROUND CHECKS OR IDENTITY VERIFICATION ON MEMBERS OR USERS.
You understand that we do not conduct criminal background checks, identity verification checks or otherwise inquire into the background of users and/or members. We make no representations or warranties as to the conduct, identity, intentions, legitimacy, or veracity of users. We reserve the right to conduct – and you authorize us to conduct – any criminal background check or other screenings at any time using available public records, and you agree that any information you provide may be used for that purpose. If the company decides to conduct any screening through a consumer reporting agency, you hereby authorize the company to obtain and use a consumer reports about you to determine your eligibility under these terms.
You are solely responsible for your interactions with other users. Always use your best judgment and take appropriate safety precautions when communicating with or meeting new people. Sex offender screenings and other tools do not guarantee your safety and are not a substitute for following sensible safety precautions. Communications received through the website or service, including automatic notifications, may result from users engaging with the website or service for improper purposes, including fraud, abuse, harassment, or other such improper behavior.
Though we strive to encourage a respectful user experience, We are not responsible for the conduct of any user on or off the website or service. You agree to use caution in all interactions with other users, particularly if you decide to communicate off the website or service or meet in person.
We provide our services on an “as is” and “as available” basis and to the extent permitted by applicable law, grant no warranties of any kind, whether express, implied, statutory or otherwise with respect to our services (including all content contained therein), including, without limitation, any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. We do not represent or warrant that (1) our services will be uninterrupted, secure, or error free, (2) any defects or errors in our services will be corrected, or (3) that any content or information you obtain on or through our services will be accurate. Furthermore, we make no guarantees as to the number of active users at any time; users’ ability or desire to communicate with you, or the ultimate compatibility with or conduct by users you meet through our website or services.
We take no responsibility for any content that you or another user or third party posts, sends, or receives through our services, nor do we take any responsibility for the identity, intentions, legitimacy, or veracity of any users with whom you may communicate through our website or services. Any material downloaded or otherwise obtained through the use of our services is accessed at your own discretion and risk. We are not responsible for any damage to your computer hardware, computer software, or other equipment or technology including, but without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, commission, interruption, defect, delay in operation or transmission, computer line or network failure, or any other technical or other malfunction.
12. Digital Millennium Copyright Act
We have adopted the following policy towards copyright infringement in accordance with the Digital Millennium Copyright Act (the “DMCA”). If you believe any Member Content or Our Content infringes upon your intellectual property rights, please submit a notification alleging such infringement (“DMCA Takedown Notice”) including the following:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is alleged infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works;
- Identification of the material claimed to be infringing or to be the subject of infringing activity and that is to be removed or access disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that, under penalty of perjury, the information in the notification is accurate and you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Any DMCA Takedown Notices should be sent to firstname.lastname@example.org or Hunting Partner, P.O. Box 6, Oxford, NE 68967.
We reserve the right to terminate the accounts of repeat offenders.
13. Ads and Third Party Content
Our website and services may contain advertisement and promotions offered by third parties and links to other websites or resources. We may also provide non-commercial links or references to third parties within Our content. We are not responsible for the availability (or lack of availability) of any external websites or resources or their content. Furthermore, We are not responsible for, and do not endorse, any products or services that may be offered by third-party websites or resources. If you choose to interact with the third parties made available through our website or services, such party’s terms will govern their relationship with you. We are not responsible or liable for such third parties’ terms or actions.
14 Limitation of Liability
To the fullest extent permitted by applicable law, in no event will We, our employees, licensors, or service providers be liable for any indirect, consequential, exemplary, incidental, special or punitive damages, including, without limitation, loss of profits, whether incurred directly or indirectly, or any loss of data, use, goodwill, or other intangible losses, resulting from: (1) Your access to or use of or inability to access or use our website or services, (2) the conduct or content of other users or third parties on, through, or following use of our website or services, or (3) unauthorized access, use or alteration of your content, even if We have been advised of the possibility of such damages. In no event will Our aggregate liability to you for all claims relating to the services exceed the amount paid, if any, by you to Us for services while you have an account.
The limitation of liability provisions set forth in this section shall apply even if you remedies under this Agreement fail with respect to their essential purpose.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
15. Dispute Resolution
If you are dissatisfied with our Services for any reason, please contact Customer Service first so that we can try to resolve your concerns without the need of outside assistance. If you choose to pursue a claim against Us, these terms will apply.
15a. Arbitration, Class-action Waiver, and Jury Waiver
If you pursue a legal claim against Us, you agree to arbitration (with limited exceptions).
- The exclusive means of resolving any dispute or claim arising out of or relating to this Agreement (including any alleged breach thereof) or our Services shall be BINDING ARBITRATION. The one exception to the exclusivity of arbitration is that either party has the right to bring an individual claim against the other in a small-claims court of competent jurisdiction, or, if filed in arbitration, the responding party may request that the dispute proceed in small claims court if the party’s claim is within the jurisdiction of the small claims court. If the responding party requests to proceed in small claims court before the appointment of the arbitrator, the arbitration shall be administratively closed, and if requested after the appointment of the arbitrator, the arbitrator shall determine if the dispute should be decided in arbitration or if the arbitration should be administratively closed and decided in small claims court. Whether you choose arbitration or small-claims court, you may not under any circumstances commence or maintain against the Company any class action, class arbitration, or other representative action or proceeding.
- By using our Services in any manner, you agree to arbitration as the exclusive means of dispute resolution. In doing so, YOU GIVE UP YOUR RIGHT TO GO TO COURT to assert or defend any claims between you and the Company (except for matters that may be taken to small-claims court). YOU ALSO GIVE UP YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR OTHER CLASS PROCEEDING. Your rights will be determined by a NEUTRAL ARBITRATOR, NOT A JUDGE OR JURY, and the arbitrator shall determine all issues regarding the arbitrability of the dispute. You are entitled to a fair hearing before the arbitrator. The arbitrator can grant any relief that a court can, but you should note that arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
- Any proceeding to enforce this arbitration agreement, including any proceeding to confirm, modify, or vacate an arbitration award, may be commenced in any court of competent jurisdiction. In the event that this arbitration agreement is for any reason held to be unenforceable, any litigation against the Company (except for small-claims court actions) may be commenced only in the federal or state courts having jurisdiction in Furnas County, Nebraska. You hereby irrevocably consent to the jurisdiction of those courts for such purposes.
15b. Governing Law
Nebraska law and the Federal Arbitration Act will apply if there is a dispute (except where prohibited by law).
Except where our arbitration agreement is prohibited by law, the laws of Nebraska, U.S.A., excluding Nebraska’s conflict of laws rules, will apply to any disputes arising out of or relating to this Agreement or our Services. Notwithstanding the foregoing, the Arbitration Agreement in Section 15a above shall be governed by the Federal Arbitration Act. For the avoidance of doubt, the choice of Nebraska governing law shall not supersede any mandatory consumer protection legislation in such jurisdictions.
Any claims that are not submitted to arbitration for any reason must be litigated in Furnas County, Nebraska (except for claims brought in small claims court, or where prohibited by law).
Except for claims that may be properly brought in a small claims court of competent jurisdiction in the county or other jurisdiction in which you reside or in Furnas County, Nebraska, all claims arising out of or relating to this Agreement, to our Services, or to your relationship with Us that for whatever reason are not submitted to arbitration will be litigated exclusively in the federal or state courts having jurisdiction in Furnas County, Nebraska, U.S.A. You and We consent to the exercise of personal jurisdiction of courts in the State of Nebraska and waive any claim that such courts constitute an inconvenient forum.
16. Indemnity By You
You agree, to the extent permitted under applicable law, to indemnify, defend, and hold harmless Us, our affiliates, and their and our respective officers, directors, agents, and employees from and against any and all complaints, demands, claims, damages, losses, costs, liabilities, and expenses, including attorney’s fees, due to, arising out of, or relating in any way to your access to or use of our Services, Your Content, Your conduct toward other users, or your breach of this Agreement.
17. Acceptance of Terms
The section headings and summaries contained herein are inserted for convenience only and shall not be considered in interpreting any term or provision hereof. All pronouns and any variations thereof shall be deemed to refer to the masculine, feminine, neuter, singular or plural as the identity of the entities or persons referred to any require. Any word both capitalized and uncapitalized will be deemed to have the same meaning.
18. Entire Agreement
This Agreement supersedes any previous agreements or representations.
19. Special State Terms
Special terms apply in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, Wisconsin
For subscribers residing in New York:
- The Services do not guarantee any number of “referrals”—rather, the functionality of the Services is such that the subscriber can view as many profiles as he/she would like;
- Upon notice in writing and delivered to Hunting Partner, P.O. Box 6, Oxford, NE 68967, USA, subscribers may place their subscription on hold for up to one year;
For subscribers residing in North Carolina:
- You may review the North Carolina Buyer’s Rights at § 66-120. Buyer’s Rights.
For subscribers residing in Illinois, New York, North Carolina, and Ohio :
- Our Services are widely available in the United States—if you believe that you have moved outside a location where we provide the Services, please contact us in writing delivered to Hunting Partner, P.O. Box 6, Oxford, NE 68967, USA, and we will work with you to provide alternative services or a refund.
For subscribers residing in Arizona, California, Connecticut, Illinois, Iowa, Minnesota, New York, North Carolina, Ohio, Rhode Island, and Wisconsin:
Your Right to Cancel—You may cancel your subscription, without penalty or obligation, at any time prior to midnight of the third business day following the date you subscribed. In the event that you die before the end of your subscription period, your estate shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your death. In the event that you become disabled (such that you are unable to use our Services) before the end of your subscription period, you shall be entitled to a refund of that portion of any payment you had made for your subscription which is allocable to the period after your disability by providing the company notice in the same manner as you request a refund as described above in Section 8.