TERMS OF USE AGREEMENT HUNT BUTLER, INC.

1. General

Welcome to HuntButler.com, a dynamic, user-friendly web utility for all hunters, outdoor enthusiasts, wildlife watchers, and thrill seekers. HuntButler.com is operated by Hunt Butler, Inc.(Hunt Butler), a Wisconsin corporation.

By accessing and/or using HuntButler.com or any of the information, content, or services provided through HuntButler.com (the Website), you signify that you have read, understand, and agree to be legally bound by all terms and conditions contained in this Terms of Use Agreement (Agreement). You are authorized to access and/or use the Website only if you agree to abide by all applicable laws, rules and regulations (Applicable Law) and the terms of this Agreement, regardless of whether your access or use is intentional. If you do not agree to be bound by this Agreement or to abide by all applicable laws, rules and regulations, you must discontinue any and all use of the Website immediately.

Additional terms and conditions may also apply to specific portions, services, or features of the Website, and you may be required to agree and accept additional terms and conditions before accessing or using certain aspects of the Website. All such additional terms and conditions are hereby incorporated into this Agreement by this reference.

Hunt Butler may, from time to time, modify the terms of this Agreement, and any such changes will be posted on this page. The date of the most recent update is listed at the end of this Agreement. Your continued use of the Website after any changes to this Agreement will mean that you accept those changes and agree to be bound by the Agreement as modified. It is therefore important that you review this Agreement regularly.


2. Eligibility

Use of the Website is void where prohibited. By using the Website, you represent and warrant that: (a) all information that you provide on the Website is truthful and accurate; (b) you will continuously maintain the accuracy of all information; (c) you are 13 years of age or older; and (d) your use of the Website does not violate any Applicable Law or any provision of this Agreement. If you do not meet all of these requirements, you must not access or use the Website.


3. Fees

Hunt Butler reserves the right to charge for any portion of the Website and to change its fees (if any) from time to time in its discretion. If Hunt Butler denies, restricts, suspends, or terminates your access to the Website because you have breached this Agreement, you shall not be entitled to the refund of any unused portion of fees or payments (if any).


4. Access and Use of the Website

Hunt Butler reserves the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion at any time and without notice. Hunt Butler also reserves the right, in its sole discretion, to deny, restrict, suspend, or terminate your access to all or any part of the Website at any time, for any or no reason, without prior notice or explanation, and without liability. Hunt Butler will not be liable if, for any reason, all or any part of the Website is unavailable at any time or for any period.

The Website is for your personal use and may only be used for direct commercial purposes if they are specifically endorsed or authorized by Hunt Butler. Hunt Butler reserves the right to remove commercial content in its sole discretion. Illegal and/or unauthorized use of the Website, including, without limitation, (a) collecting user names, passwords, email addresses, or other identifiers by electronic or other means for the purpose of sending unsolicited emails or similar messages, (ii) unauthorized framing of or linking to the Website, or (iii) employing third party promotional sites or software to promote accounts for money, is prohibited. Commercial advertisements, affiliate links, and other forms of unauthorized data collection or solicitation may be removed from the Website without notice or explanation and may result in termination of your access to the Website. Hunt Butler reserves the right to take appropriate legal action, including, without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.


5. Account Registration and Security.

To access certain features of the Website you may be required to register and create an account ('Hunt Butler Account'). The registration process for a Hunt Butler Account requires you to provide certain registration information. You agree to provide correct, current, and complete information and to update such information to keep it correct, current, and complete. Hunt Butler reserves the right to suspend or terminate your Hunt Butler Account if any information provided during the registration process or thereafter proves to be inaccurate, out of date, or incomplete. You further agree that our Privacy Policy governs all information that you provide to register for a Hunt Butler Account or to otherwise use this Website, and you consent to all actions we take with respect to your information consistent with our Privacy Policy

If you register for a Hunt Butler Account, you agree to treat your password as confidential and will not disclose it to any other person or entity. You further agree to take sole responsibility for your Hunt Butler Account and any actions taken thereunder, whether or not you have authorized such actions. If you suspect any unauthorized access to or use of your Hunt Butler Account or any other breach of security, you agree to immediately notify Hunt Butler. Hunt Butler will make reasonable efforts to protect your password, and will notify you in the event that we become aware of any breach to our security measures.


6. Account Designations

When registering for a Hunt Butler Account, you must designate yourself as a "Landowner" and/or a "Hunter" (which can be changed after registering via your "Account Settings" page). This designation affects certain access and use privileges of your Hunt Butler Account. For example, only Landowner-designated accounts are able to list properties that are available for rent through the Website ("Hunting Listings"), whereas Hunter-designated accounts cannot.

ADDITIONAL TERMS AND CONDITIONS APPLY TO LANDOWNER-DESIGNATED ACCOUNTS. To establish a Landowner-designated account, you must affirmatively agree to additional terms and conditions, which can be found under “Additional Terms and Conditions for Landowners” below.


7. Website Content

Content on the Website that is provided by Hunt Butler, its employees or its licensors, including original art work, graphics, images, video, text, music, trademarks, logos, product and service names, slogans, and the compilation of the foregoing (“Website Content”) is the exclusive property of Hunt Butler and its licensors and is protected in the U.S. and internationally under trademark, copyright and other intellectual property laws. You do not acquire ownership rights when viewing, purchasing, or downloading any products or materials from the Website.

You are authorized to access and use the Website and related Website Content as set forth in this Agreement, provided that: (a) you will not copy, distribute or transfer any portion of the Website or Website Content on any media, in accordance with the Computer Fraud and Abuse Act; (b) you will not alter, adapt or otherwise modify any part of the Website or Website Content other than as may be reasonably necessary to use that part of the Website or Website Content for its intended purpose; (c) your use of the Website and Website Content as permitted hereunder is solely for your personal, non-commercial use; and (d) you will otherwise comply in full with this Agreement.

Although Hunt Butler attempts to ensure the integrity and accurateness of the Website and Website Content, it makes no representations and is not responsible for and makes no warranties, express or implied, as to the accuracy and reliability of the Website and Website Content. It is possible that the Website could include typographical errors, inaccuracies, or other errors, and unauthorized additions, deletions, and alterations could be made to the Website by third parties. In the event that an inaccuracy arises, please inform Hunt Butler by contacting info@HuntButler.com. Giving such notice, however, does not guarantee that defects in the Website will be corrected


8. User Content.

The Website contains certain features that allow you and other users to post, submit, publish, display, or transmit to other persons content or materials (collectively, "User Content") on or through the Website. Hunt Butler does not claim any ownership rights in the text, files, images, photos, video, or any other User Content that you post or display or publish on or in connection with the Website. After posting User Content on the Website, you continue to retain any rights that you previously had in your User Content, subject to the limited non-exclusive license herein.

In posting any User Content on or in connection with the Website, you grant to Hunt Butler and its affiliates and service providers a limited license to use, modify, delete from, add to, publicly display, reproduce, and distribute such User Content for any purpose, including without limitation, promotional, advertising, and other commercial purposes. The license that you grant to Hunt Butler is non-exclusive (meaning you are free to license your Content to anyone else), fully-paid and royalty-free (meaning that Hunt Butler is not required to pay you or anyone else deriving rights from the Content for its use on the Website), sublicensable (so that Hunt Butler is able to use its affiliates, subcontractors and other partners to operate or promote the Website), and worldwide (because the Internet is global in reach).

You represent and warrant that you own or otherwise have the right to grant the license set forth above to all User Content posted by you on or in connection with the Website. You also represent and warrant that the posting of your Content does not violate any privacy rights, publicity rights, trademarks, copyrights, contract rights, or other rights of any person or entity. You agree to pay all royalties, fees, and any other money owed to any person or entity because of the use of any User Content posted by you on or in connection with the Website.

Hunt Butler reserves the right to remove or refuse to post any User Content for any or no reason, or take any other action with respect to any User Content that Hunt Butler deems necessary or appropriate in its sole discretion. This includes, but is not limited to, disclosing your identity or other information about you to any third party who claims that material posted by you violates their intellectual property rights or their right to privacy, and/or taking appropriate action for any illegal or unauthorized use of the Website. Although Hunt Butler has the right, and no obligation, to remove or refuse post any User Content for any reason, Hunt Butler assumes no responsibility or liability for any User Content or other information posted by any third party on the Website, and shall have no liability or responsibility to anyone for the performance or nonperformance of the activities described in this section. If you become aware of misuse of the Website by any person, please promptly report abuse to info@HuntButler.com.


9. Copyright Infringement Policy

Hunt Butler respects the intellectual property of others. You may not post, modify, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information belonging to others without obtaining the prior written consent of the owner of such proprietary rights. If Hunt Butler becomes aware of any User Content distributed through the Website that allegedly infringes upon any intellectual property rights of others, Hunt Butler will investigate the allegations and take appropriate action. If you believe that your work has been copied and is accessible on the Website in a way that constitutes copyright infringement, please contact info@HuntButler.com and include the following information in your complaint:

  • a description of the copyrighted work claimed to have been infringed, or, if your complaint is in reference multiple copyrighted works on the Website, a representative list of such works;
  • a description of the material or activity that is claimed to be infringing, including information reasonably sufficient to permit Hunt Butler to locate such material; and
  • your contact information (name, address, telephone, e-mail address, etc.).


10. Feedback.

Hunt Butler welcomes and appreciates feedback, comments and suggestions for improvements to the Website. If you send or transmit any communications, comments, questions, suggestions, or related materials to Hunt Butler (collectively, “User Feedback”), such User Feedback is, and will be treated as, non-confidential and non-proprietary. You acknowledge and agree that all User Feedback will be the sole and exclusive property of Hunt Butler and you hereby irrevocably assign to Hunt Butler all right, title, and interest in any patent, copyright, trade secret, moral, or other intellectual property and proprietary rights contained in the User Feedback.


11. Prohibited Activities

The following are examples of the kind of activity that is illegal or prohibited on the Website. Hunt Butler reserves the right to investigate and take appropriate action against anyone who, in Hunt Butler's sole discretion, violates this provision, including, without limitation, denying, restricting, suspending, or terminating access to all or any part of the Website at any time and/or reporting such activity to law enforcement authorities. Prohibited activity includes, but is not limited to:

  • posting User Content or otherwise using the Website in a manner that promotes, advances, or indicates illegal activities, including, but not limited to, criminal or tortious activity such as child pornography, fraud, trafficking in obscene material, drug dealing, gambling, harassment, defamation, stalking, spamming, spinning, sending of viruses or other harmful files, copyright infringement, patent infringement, or theft of trade secrets;
  • advertising to, or solicitation of, any person or entity to buy or sell any products or services through the unauthorized or impermissible use of the Website;
  • circumventing or modifying, attempting to circumvent or modify, or encouraging or assisting any other person in circumventing or modifying any security technology or software that is part of the Website;
  • activity that involves the use of viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy, or limit the functionality of any computer software or hardware, or otherwise permit the unauthorized use of or access to a computer or a computer network;
  • modifying, copying, distributing, downloading, scraping or transmitting in any form or by any means, in whole or in part, any Website Content or User Content from the Website other than your User Content which you legally post on or in connection with the Website;
  • providing or using "tracking" or monitoring functionality in connection with the Website, including identifying the views, actions, or other activities of the Website's users;
  • engaging in any automated use of the Website, such as using scripts to connect with the Website's users or to send comments, messages, blogs or bulletins;
  • interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected with the Website;
  • impersonating or attempting to impersonate Hunt Butler or an Hunt Butler employee, administrator or moderator, another Website user, or person or entity (including, without limitation, the use of e-mail addresses of or associated with any of the foregoing);
  • soliciting or using the account, username, or password of another Website, disclosing your password to any third-party, or permitting any third-party to access your account;
  • using or distributing any information obtained from the Website in order to harass, abuse, or harm another person or entity, or attempting to do the same;
  • relaying e-mail from a third-party's mail servers without the permission of that third-party;
  • using invalid or forged headers to disguise the origin of any Website Content, User Content, or other communications transmitted to or through Hunt Butler's computer systems, or otherwise misrepresenting yourself or the source of any Website Content, User Content, or other communications transmitted to or through Hunt Butler's computer systems;
  • using any automated system, including, but not limited to, scripts or bots in order to harvest e-mail addresses or other data from the Website for the purposes of sending unsolicited or unauthorized material;
  • engaging in, either directly or indirectly, or encouraging others to engage in, click-through generated in any manner that could be reasonably interpreted as coercive, incentivized, misleading, malicious, or otherwise fraudulent; or
  • using the Website in a manner inconsistent with any and all Applicable Law.

12. Disclaimers

The Website may contain links to other sites and resources provided by third parties, including links contained in advertisements and sponsored links. Inclusion of any linked website or service on the Website does not imply approval or endorsement of the linked website or service by Hunt Butler. Hunt Butler assumes no control over the contents of those sites or resources, and accepts no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Hunt Butler cannot guarantee and does not promise any specific results from use of the Website, and does not guarantee the integrity or accuracy of information posted on the Website. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and data accuracy, and for maintaining a means external to the Website for any reconstruction of any lost data. Hunt Butler will not be liable for any loss or damage caused by viruses or other technologically harmful material that may damage your computer equipment, computer programs, data, or other proprietary material due to your use of the Website or any services or items obtained through the Website or to your downloading of any material posted on it.

Hunt Butler is not responsible for the conduct, whether online or offline, of any users of the Website. Under no circumstances shall Hunt Butler be responsible for any loss or damage, including, without limitation, personal injury or death, resulting from use of the Website, attendance at any event organized through the Website or Hunt Butler’s services, from any User Content posted on or through the Website, or from the conduct of any users of the Website, whether online or offline. You are solely responsible for your interactions with other users or any other third parties with whom you interact through the Website. Hunt Butler reserves the right, but has no obligation, to become involved in any way with any disputes arising between you and other users or any other third parties with whom you interact through the Website.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. HUNT BUTLER MAKES NO WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE, AND EXPRESSLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, NON-INFRINGEMENT, OR QUIET ENJOYMENT.


13. Limitation on Liability

IN NO EVENT SHALL HUNT BUTLER BE LIABLE TO YOU OR ANY THIRD-PARTY FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, HUNT BUTLER'S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO HUNT BUTLER FOR THE APPLICABLE SERVICE OUT OF WHICH LIABILITY AROSE. YOU ACKNOWLEDGE THAT IF NO FEES ARE PAID TO HUNT BUTLER FOR THE SERVICE, YOU SHALL BE LIMITED TO INJUNCTIVE RELIEF ONLY, UNLESS OTHERWISE REQUIRED BY LAW.


14. Indemnification

You agree to indemnify and hold Hunt Butler, its owners, agents, partners and employees, harmless from any loss, liability, claim, or demand, including costs and reasonable attorneys' fees, made by any third-party due to or arising out of your use of the Website in violation of this Agreement and/or arising from a breach of this Agreement and/or any breach of your representations and warranties set forth in this Agreement and/or any User Content that you post on or in connection with the Website.


15. Applicable Law and Disputes

This Agreement, your rights and obligations, our rights and obligations, and all actions contemplated by this Agreement will be governed by the laws of the United States of America and the State of Wisconsin without regard to principles of conflicts of law and as if this Agreement were a contract wholly entered into and wholly performed within the State of Wisconsin. You and Hunt Butler agree to submit to the exclusive jurisdiction of the courts located within the State of Wisconsin to resolve any dispute arising out of this Agreement or the Website. EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING, BUT NOT LIMITED TO, ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD- PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THIS AGREEMENT.


16. Age of Users

Children under the age of thirteen (13) may NOT use the Website, and parents or legal guardians may NOT agree to this Agreement on behalf of a child under the age of thirteen (13). If Hunt Butler becomes aware that a child under the age of thirteen (13) has provided or attempted to provide Hunt Butler with personal information, Hunt Butler will use its best efforts to remove the information permanently from its possession.


17. Other Legal Provisions

Your agreement with Hunt Butler will always include this Agreement at a minimum. Your access and use of certain portions of the Website may require you to accept additional terms and conditions applicable to those portions of the Website, in addition to this Agreement. Hunt Butler may discontinue the Website or change the contents, operation, or any and all other features of the Website at any time and for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Hunt Butler as a result of this Agreement or your use of the Website. Nothing contained in this Agreement is in derogation of Hunt Butler's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or Website Content. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

This Agreement operates to the fullest extent permissible by law. If any provision of this Agreement is unlawful, void, or unenforceable, that provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions. The failure of Hunt Butler to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. This Agreement is the entire and final Agreement regarding the Website and Website Content, and supersedes any prior or contemporaneous communications between you and Hunt Butler regarding the Website and Website Content. The section titles in this Agreement are for convenience only and have no legal or contractual effect.

To contact us with any questions or concerns about this Agreement, please contact Hunt Butler at info@HuntButler.com.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE. I UNDERSTAND THAT NOT READING THIS AGREEMENT AND/OR CLAIMING IGNORANCE IS NOT A DEFENSE AND I WILL BE BOUND BY ITS CONDITIONS REGARDLESS.

EFFECTIVE DATE: November 21, 2014

ADDITIONAL TERMS AND CONDITIONS FOR LANDOWNERS

Only Landowner-designated Hunt Butler Accounts may create Hunting Listings that will be publicly displayed on the Website. In consideration of the additional access and use privileges granted under your Landowner-designated Hunt Butler Account, you affirmatively agree to the following Additional Terms and Conditions for Landowners ("Landowner Terms"):

1. You acknowledge and agree that Hunt Butler may remove or refuse to post any Hunting Listing for any reason, at any time and without prior notice, including without limitation any Hunting Listing that Hunt Butler, in its sole discretion, considers to be in violation of the Website's Terms of Use or these Landowner Terms.

2. You understand and agree that you are solely responsible for the Hunting Listing(s) that you post on the Website, and agree to keep the Hunting Listing information up-to-date and will correct any inaccuracies.

3. You agree that you will not create any Hunting Listing(s) in which you do not have the authority to enter into and consummate the solicited transaction.

4. You understand that a written rental agreement is required for all transactions booked through the Website, and you acknowledge and agree that: (a) you are fully responsible for understanding, agreeing to, and satisfying the terms of any rental agreement you enter into; (b) any rental agreement you enter into with a Hunter is solely between you and the Hunter, and that Hunt Butler is not a party to any such agreement; and (c) you have been hereby advised to obtain legal counsel to review and/or revise as necessary any rental agreements to ensure that it complies with applicable laws and accurately represents your particular circumstances and needs.

5. You understand and agree that: (a) Hunt Butler does not act as an insurer, regardless of whether you obtain insurance coverage through one of Hunt Butler's third party providers; (b) you have or will obtain the appropriate insurance coverage sufficient to cover the rental of any property listed on the Website prior to the arrival of any Hunter, and will maintain adequate insurance coverage throughout the term of any rental agreement; and (c) will provide Hunt Butler with copies of relevant proof of coverage upon request.

6. You understand and agree that, by creating a Hunting Listing, you authorize Hunt Butler to serve as your limited payment collection agent for the purpose of accepting, on your behalf, payments from the Hunter(s) in the amounts agreed to in any resulting rental agreement(s).

7. You understand and agree that, by creating a Hunting Listing, you agree to pay Hunt Butler the commission/compensation as indicated during the booking process for each rental of the property displayed in the Hunting Listing, the terms of which may be updated by Hunt Butler from time to time upon giving you notice.