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Outdoor Enterprises, LLC Terms of Service and User Agreement
Welcome!
These are the terms and conditions under which Outdoor Enterprises, LLC (“OutdoorLeads™.com”) offers you access to our services.
This user agreement (the "Agreement" or "User Agreement") for OutdoorLeads™.com and Outdoor Enterprises, LLC defines the terms and conditions applicable to your use of our services available under the domain and sub-domains of www.OutdoorLeads.com (the "Site"). Do not use or access our services if you do not agree to be bound by the terms and conditions of this Agreement.
You should read, agree with and accept all of the terms and conditions contained in this User Agreement and the Privacy Policy, which include those terms and conditions expressly set out below and those incorporated by reference, to either advertise a service or search for service as a renter. By accepting this User Agreement, you also agree that your use of other OutdoorLeads™.com websites will be governed by the User Agreement and Privacy Policy. Any use of the Site will be proof of your acceptance of this Agreement.
We may amend this Agreement at any time by posting the amended terms on the Site. Except as stated below, all amended terms shall automatically be effective as of the date so amended, and all amendments apply to you. This Agreement may not be otherwise amended by you. This Agreement is effective upon either the posting of information about a service on our website or the access of our database of services by the user.
1) Lister Eligibility
Our services may only be used by individuals who can form legally binding contracts under applicable law. If you are registering as a business entity, you represent that you have the authority to bind the entity to this Agreement.
2) Fees and Services
Posting or inquiring about a service on OutdoorLeads™.com is free. When you list a service on our website you have an opportunity to review and accept the fees that you will be charged. Our Fees and Credits Policy is available and is incorporated into this Agreement by reference. We may change our Fees and Credits Policy and the fees for our services from time to time. Our changes to the policy are effective immediately. We may choose to temporarily change our Fees and Credits Policy and the fees for our services for promotional events (for example, free listing days) and such changes are effective when we post the temporary promotional event on the Site. We may in our sole discretion change some or all of our services at any time. In the event we introduce a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and the Site and all applicable taxes.
2.1) PAYMENT TERMS
OutdoorLeads™.com will process all fees using credit card information provided by the Customer. Services shall be billed at the rates set forth in this Agreement. The Customer will pay all undisputed charges in full, without deduction or offset of any kind, upon receipt of any lead whether by phone, email or reservation request from OutdoorLeads™.com and no later than thirty (30) days after receiving the invoice date set forth on each OutdoorLeads™.com invoice to the Customer (the “Due Date”). All payments due hereunder shall be made in U.S. dollars. If payment on undisputed charges is not received by OutdoorLeads™.com on or before the Due Date, the Customer shall also pay a late fee in the amount of the lesser of one and one-half percent (1½%) of the unpaid balance of the service charges per month, excluding any disputed charges, or the maximum lawful rate under applicable law. OutdoorLeads™.com agrees that it shall put forth its best effort to resolve disputed amounts within ten (10) days of receipt of notice from the Customer. If OutdoorLeads™.com cannot resolve the disputed charges within thirty (30) days of notice; OutdoorLeads™.com shall credit the Customer’s next immediate invoice with the value of the disputed amount. Disputed charges are defined as, but not limited to, specific charges billed to the Customer that are illustrated in this Agreement, erroneous charges stemming from OutdoorLeads™.com billing database errors, from Network problems which alter the actual amount of the Services used by the Customer or an incorrectly calculated invoice. If the Customer fails to make any undisputed payment when due and fails to cure such default within ten (10) days after receipt of notice of such default, OutdoorLeads™.com may immediately: (i) terminate this Agreement; (ii) withhold all data in the possession of OutdoorLeads™.com at that time; (iii) refuse to furnish data or reporting until such outstanding invoice(s) is brought current; and (iv) suspend and/or terminate any and all Services being provided to the Customer. Service suspension due to non-payment is subject to reactivation fees, late fees and/or deposits. In the event the Customer’s credit card will not accept payment, OutdoorLeads™.com will issue a paper invoice via email, U.S. mail or other parcel delivery methods to the last know email address or postal address of the Customer. Paper invoices will be accessed a $1.00 service charge.
3) OutdoorLeads™.com is a Venue
3.1 OutdoorLeads™.com is not a party to the rental transaction. OutdoorLeads™.com does not own nor can it contract for any service listed on our website. Instead, the Site acts as a venue to allow anyone to offer for rent, or rent, in a variety of pricing formats, a specific service from an individual owner or manager of such specific service. We are not involved in the actual transaction between renters and sellers although we provide tools, such as direct booking, that enable a renter to enter into a transaction to purchase a specific service directly from the owner of that service. As a result, we have no control over the quality, safety or legality of the items advertised, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of renters to pay for items. We cannot ensure that a renter or seller will actually complete a transaction. Consequently, we do not make any representations as to the quality, location, availability, suitability, pricing of any specific service, and are not a party to any transaction between the lister and the renter.
3.2 Identity Verification. We use many techniques to verify the accuracy of the information our users provide us when they register on the Site. However, because user verification on the Internet is difficult, OutdoorLeads™.com cannot and does not confirm each user's purported identity. We encourage you to communicate directly with a renter or lister through the tools available on the Site.
3.3 Release of Claims. Because we are a venue, in the event that you have a dispute with one or more users, you release OutdoorLeads™.com, Outdoor Enterprises, LLC (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If there are laws in your state or nation that would attempt to establish that OutdoorLeads™.com is a party to any claim, demand or damages, you specifically agree to waive your rights under such laws or statutes.
3.4 Information Control. We do not control the information provided by other users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and OutdoorLeads™.com is not responsible for the acts or omissions of users on the Site.
4) Hiring a Lister
As a renter, you are obligated to complete the transaction with the seller if you book the trip through our service and do not inform the lister of your intent to cancel in accordance with each individual lister's cancellation policies. You acknowledge that any agreement governing the terms and conditions under which you have hired the lister are EXCLUSIVELY between you and the lister, and that OutdoorLeads™.com is not a party to that transaction, notwithstanding the fact that we may have facilitated the transaction via our venue.
5) Listing a service
5.1 Listing Description. You must be legally able to list the services listed by you or your company on the Site. Each listing must be available for hire, must be unique, and under management by you or your company. You must describe the service, provide photographs that you have the right to provide and complete any tick boxes that will aid our search engines to find your service when it meets the criteria of a potential renter. Your listings may only include text descriptions, graphics, pictures and other content relevant to the specific service. You may not list a service as a "sample" or "example" of your total inventory. OutdoorLeads™.com will assign your service to a location that you request UNLESS you are misrepresenting the location of the service. In such case, OutdoorLeads™.com will list the service as to its true location unless you decide to remove the service from our inventory.
5.2 Fraud. Without limiting any other remedies, OutdoorLeads™.com may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site.
6) Your Information
6.1 Definition. "Your Information" is defined as any information you provide to us or other users in the registration, listing, inquiry or feedback process, in any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for your online distribution and publication of Your Information.
6.2 Restricted Activities. Your Information (or any items listed) and your activities on the Site shall not: (a) be false, inaccurate or misleading; (b) be fraudulent or involve the sale of counterfeit or stolen items; (c) infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) violate any law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, antidiscrimination or false advertising); (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography; (g) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that are prohibited under this Agreement or you do not have a right to link to or include.
6.3 License. Solely to enable OutdoorLeads™.com to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. OutdoorLeads™.com will only use Your Information in accordance with our Privacy Policy.
7) Your Use of Other Users' Information
7.1 No Ownership. In order to facilitate interaction among all OutdoorLeads™.com community members, our Site allows you limited access other users' contact information. You acknowledge that your use of such information does not constitute transfer of any ownership rights to you that are not allowed by common law.
7.2 Limitations of Use of Other User's Information. You agree that, with respect to other users' personal information that you obtain through the Site or through an OutdoorLeads™.com -related communication or OutdoorLeads™.com™-facilitated transaction, OutdoorLeads™.com has granted to you a license to use such information only for: (a) OutdoorLeads™.com-related communications that are not unsolicited commercial messages, (b) using services offered through OutdoorConnect™.com (e.g. escrow, insurance, shipping and fraud complaints), and (c) any other purpose that a user expressly agrees to after you tell them the purpose you would like to use it for. In all cases, you must give users an opportunity to remove themselves from your database and a chance to review what information you have collected about them. In addition, under no circumstances, except as defined in this Section, can you disclose personal information about another user to any third party without our consent and the consent of that user. You agree that other users may use your personal information to communicate with you in accordance with this Section.
7.3 No Spam. OutdoorLeads™.com and our users do not tolerate spam. Therefore, without limiting the foregoing, you are not licensed to add an OutdoorLeads™.com user, even a user who has purchased an item from you, to your mail list (email or physical mail) without their express consent.
8) Access and Interference
Much of the information on the Site is updated on a real time basis and is proprietary or is licensed to OutdoorLeads™.com by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content (except for Your Information) from the Site without the prior expressed written permission of OutdoorLeads™.com and the appropriate third party, as applicable; (iii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site; or (iv) bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site
9) Use of Email Tools
You may not use OutdoorLeads™.com Email to a Friend service or other email services that we offer to send spam or otherwise send content that would violate our User Agreement. We do not permanently store email messages or the email addresses sent from these tools.
If you send and email using OutdoorLeads™.com Email to an email address that is not registered in our community, we do not use that email address for any purpose other than to send your email. We do not rent or sell these email addresses.
10) Breach
Without limiting other remedies, we may limit your activity, immediately remove your inquiries or listings, warn our community of your actions, issue a warning, temporarily suspend, indefinitely suspend or terminate your membership and refuse to provide our services to you if: (a) you breach this Agreement or the documents it incorporates by reference; (b) we are unable to verify or authenticate any information you provide to us; or (c) we believe that your actions may cause financial loss or legal liability for you, our users or us.
11) Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent and we only use your information as described in the Privacy Policy. We view protection of users' privacy as a very important community principle. We understand clearly that you and your information is one of our most important assets. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. Our current Privacy Policy is available here. If you object to your Information being transferred or used in this way please do not use our services.
11) No Warranty
. OutdoorLeads™.com disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of information or material displayed in the OUTDOORLEADS™.COM results. OutdoorLeads™.com disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information or material. OutdoorLeads™.com disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Internet through the OUTDOORLEADS™.COM.
OUTDOORLEADS™.COM, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE OUTDOORLEDAS™.COM ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. OUTDOORLEADS™.COMAND ITS LICENSORS EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. OUTDOORLEADS™.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF OUTDOORLEADS™.COM. OUTDOORLEADS™.COM AND ITS LICENSORS DISCLAIM, ANY WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE OUTDOORLEADS™.COM. OUTDOORLEADS™.COM AND ITS LICENSORS DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OUTDOORLEADS™.COM OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE OUTDOORLEADS™.COM, AS WELL AS FOR ANY INFORMATION OR ADVICE RECEIVED THROUGH ANY LINKS PROVIDED IN THE OUTDOORLEADS™.COM.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE OUTDOORLEADS™.COM AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.
12) Liability Limit
UNDER NO CIRCUMSTANCES SHALL OUTDOORLEADS™.COM OR ITS LICENSORS BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON OUTDOORLEADS™.COM. ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF OUTDOORLEADS™.COM OR ITS LICENSORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE OUTDOORLEADS™.COM, FROM INABILITY TO USE THE OUTDOORLEADS™.COM, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE OUTDOORLEADS™.COM (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE OUTDOORLEADS™.COM OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE OUTDOORLEADS™.COM, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON THE OUTDOORLEADS™.COM OR RECEIVED THROUGH ANY LINKS PROVIDED IN THE OUTDOORLEADS™.COM. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE OUTDOORLEADS™.COM OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE OUTDOORLEADS™.COM. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall OutdoorLeads™.com or its licensors be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
13) Indemnity
You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
14) Legal Compliance
You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to purchase, and sale of items.
15) No Agency
You and OutdoorLeads™.com are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
16) Notices
Except as explicitly stated otherwise, any notices shall be given (in the case of you contacting OutdoorLeads™.com by postal mail to:
Outdoor Enterprises, LLC Attn: General Manager PO Box 150714 Austin, TX 78715-0714
or, when we need to send you notice, to the email address you provide to OutdoorLeads™.com during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to OutdoorLeads™.com during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.
17) Jurisdiction and venue
This Agreement will be governed by the laws of the State of Arizona, in the United States of America, and you agree to submit personal jurisdiction of the courts located within Maricopa County, Arizona.
18) General
We do not guarantee continuous, uninterrupted or secure access to our services, and operation of the Site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. You agree that this Agreement and all incorporated agreements may be automatically assigned by OutdoorLeads™.com in accordance with Section 17 "Notices", in our sole discretion. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof. Sections 2 (Fees and Services) with respect to fees owed for our services, 3.3 (Release), 6.3 (License), 8 (Access and Interference), 13 (Liability Limit), and 14 (Indemnity).
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