Terms and Conditions
Welcome to huntier.net. These terms and conditions are a binding legal agreement (hereinafter “Agreement”) between you and Hunt-Kir, LLC (hereinafter “Huntier”). Please read the Agreement carefully.
1. User Agreement and Consent.
The Site is an online platform, venue, or marketplace where land owners or lessors (hereinafter “Landowners”) may advertise or list their hunting land for lease to hunters or lessees (hereinafter “Hunters”) for hunting, bird watching or other outdoor activities as outlined in each individual listing and/or lease agreement. Huntier does not own or manage or contract any land listed on the Site.
Huntier facilitates a "virtual handshake" between the Hunters and Landowners to lease certain listed land for a defined species, price, and period of time (hereinafter “Land Lease”). Each Land Lease may have its own additional terms and conditions agreement between the Hunter and Landowner at the Landowner’s discretion (hereinafter “Lease Agreement”).
Hunters and Landowners agree that by entering into a Land Lease and/or a Lease Agreement, through the Site, each party is entering into an agreement with the other party and not with Huntier. Although the Site may facilitate and allow you to book a Land Lease and/or provide other products or services, Huntier is not a party to any lease, agreement, Land Lease, and/or Lease Agreement. As Huntier is not a part of the potential and/or actual agreement or transaction between Hunter and Landowner, Huntier is not responsible for any part of the agreement and/or transaction, including the quality, condition, safety, and legality of the land or property listed and/or the listings themselves. Furthermore, Huntier is not responsible for the accuracy and/or descriptions of the land and/or any review or rating given by the Landowner. Huntier is not responsible for the accuracy and/or review and/or rating given by the Hunter.
As a User, you agree it is your responsibility to be informed of and to abide by all laws, rules, and regulations applicable to your use of the Site, including the use of any application, tool, service, product, and/or any transaction, lease, agreement, Land Lease, and/or Lease Agreement entered into in connection with the use of the Site.
2. Limited License to Use, No Unlawful or Prohibited Use.
You are granted a non-exclusive, non-transferable, revocable limited license to access the Site strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Huntier that you will use the Site solely for the intended purpose of advertising or leasing land, searching for hunting or outdoor recreation land, entering into a Land Lease and/or Lease Agreement, purchasing or researching purchasing any products or services offered by the Site, participating, interacting, or communicating in any interactive public square and imaging board. You agree that you will not use the Site for any purpose that is unlawful or prohibited by these Terms, laws, rules, and/or regulations. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
3. Use of Huntier Trademarks or Logos; Copyright Property.
All content included as part of the service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Huntier or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Huntier content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Huntier and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, expressed or implied, to the intellectual property of Huntier or our licensors except as expressly authorized by these Terms.
4. Identity Verification.
Huntier cannot and does not assume any responsibility for the verification of each User’s identity, this includes Hunters and Landowners. Accounts are created by each party based on the information each party provides. Users agree to create accounts using true and accurate information and to abide by these Terms, laws, rules, and regulations in regards to their identity and ownership of any property/land listed in the Site.
5. Your Account.
By your use of the Site, you acknowledge that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, computer, and login information. You agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Huntier is not responsible for third party access to your account that results from theft or misappropriation of your account.
USERS ACKNOWLEGE AND AGREE THAT HUNTIER AND ITS AFFLIATES HAVE NO LIABLITY TO USERS FOR ANY UNAUTHORIZED ACTIVITES AND/OR UNAUTHORIZED TRANSACTIONS MADE WITH USERS ACCOUNT OR PASSWORD. USERS FURTHER ACKNOWLEDGE THAT USERS MAY INCUR LIABILTY TO HUNTIER AND ITS AFFILIATES FOR THE UNAUTHORIZED USE OF YOUR USER ACCOUNT OR PASSWORD.
Huntier and its affiliates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. Although your account may be terminated or deleted, please note that not all account information can be deleted. Some transaction history information may not be deleted.
You further acknowledge it is your responsibility to be informed of and to abide by all laws, rules, and regulations applicable to your use of the Land Lease and/or Lease Agreement.
As a Hunter, you acknowledge that you are a well-informed hunter and will follow all applicable federal, state, and local hunting laws, regulations, and best practices. You agree to leave the leased land in the same condition as it was when you arrived. You admit full responsibility to ensure all appropriate licenses, permits, and tags as required by law for each hunter in your party. You are responsible for your acts, omission, and personal safety, as well as that of your entire party. You agree that you are responsible for all members of your party and that each member agrees to the Terms of this Agreement in full and without modification.
7. Cancelation/Refund Policy.
Hunters may cancel a booking, Land Lease, and/or Lease Agreement for a full refund, if canceled within forty-eight (48) hours of booking confirmation. If you do not cancel prior to forty-eight (48) hours from the time of your booking, you will not be eligible for a refund. The cancelation/refund policy protects Landowners from lost revenue by late cancelations. Please contact us with any questions.
You, as a Landowner, acknowledge that you are well-informed property owner and will follow all applicable federal, state, and local laws, regulations, and best practices. You admit that you are the legal owner of any and all land/property you list for lease through use of the Site.
When creating your account and listing your land that is available for a Land Lease, you agree to provide complete and accurate information, including the description of land, pictures and media posted, as well as the dates available. Listing must reflect the current state and condition of the property. You agree to declare any risks or points of interest or concern in regards to land specific information in your listing.
The types of lease formats available as options are up to you, the Landowner, including species-specific and time-specific periods (daily, weekly, seasonally, yearly). With Huntier, the Landowner has complete control of the time period(s) that the land is open for hunting as well as the species that are available to hunt. For example, land can be set up for lease of duck and goose hunting while protecting your upland and deer populations.
You agree to review your insurance policy and/or confirm coverage for hunting activities and leased hunting activities with your insurance agent or provider.
9. Landowner’s Lease Agreement.
As a Landowner, you may enter into your own Lease Agreement with the Hunter. This Lease Agreement is one that is provided by you and shared with Huntier to be included in your Land Lease for the Hunter to review and agree to prior to confirming the booking. You agree that no terms in your provided Lease Agreement may contradict these Terms. In the event the Lease Agreement differs from the Terms of the Site, this Agreement and these Terms prevail in all circumstances.
10. Taxes and Service Fees.
Huntier charges a fee for the services provided when booking a Land Lease or Lease Agreement. This fee and state sales tax will be included in the final price presented by our third-party payment processor during booking before your final confirmation. Any additional applicable taxes, such as county or city sales tax, income taxes, etc., are the sole responsibility of the User.
Your use of the Site is subject to Huntier's Statement of Privacy (Statement). Please review our Statement, which also governs the Site and informs Users of our data collection practices.
12. Electronic Communications.
Visiting the Site or sending emails to Huntier constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
13. Links to Third Party Sites/Services.
You will be able to connect your Huntier account to third party accounts. By connecting your Huntier account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
14. Third Party Accounts.
The Site may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Huntier and Huntier is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Huntier is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Huntier of the site or any association with its operators.
Certain services made available via the Site are delivered by third party sites and organizations. By using any product, service or functionality originating from the Site, you hereby acknowledge and consent that Huntier may share such information and data with any third party with whom Huntier has a contractual relationship to provide the requested product, service or functionality on behalf of the Users and customers.
15. Use of Communication Services.
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Huntier has no obligation to monitor the Communication Services. However, Huntier reserves the right to review materials posted to a Communication Service and to remove any materials in our sole discretion. Huntier reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Huntier reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Huntier's sole discretion.
Always use caution when giving out any personally identifying information about yourself or your family in any Communication Service. Huntier does not control or endorse the content, messages or information found in any Communication Service and, therefore, Huntier specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and/or hosts are not authorized Huntier spokespersons, and their views do not necessarily reflect those of Huntier.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
16. Materials Provided to Huntier and/or the Site.
Huntier does not claim ownership of the materials you provide, post, upload, input or submit (including feedback and suggestions) to the Site or associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submission, you are granting Huntier, our affiliates, and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. Huntier is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in Huntier's sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
17. International Users.
The Site and services are controlled, operated and administered by Huntier from our offices within the United States of America (USA). If you access the Site, products, and services from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Huntier content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Huntier, its officers, directors, employees, agents, affiliates, partners, suppliers and third parties, from any and all claims, demands, losses, damages, costs, liabilities and expenses (including, but not limited to court costs and reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, Land Leases, and/or Lease Agreements, any user postings made by you, your violation of any Terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Huntier reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Huntier in asserting any available defenses.
19. Warranty and Liability Disclaimers and Limitations.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. HUNTIER AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
HUNTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. HUNTIER AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HUNTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF HUNTIER OR ANY OF ITS SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL HUNTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND ITS SUPPLIERS BE LIABLE FOR ANY AND ALL REALTED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PART BY ANY ACT OR OMISSION ON PART OF HUNTIER. YOU VOLUNTARILY RELEASE, WAIVE, INDEMNIFY, AND HOLD HARMLESS HUNTIER, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, PARTNERS, AND ITS SUPPLIERS FROM ANY AND ALL CLAIMS, DEMANDS, LOSSES, DAMAGES, COSTS, LIABILITIES, EXPENSES, AND CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITE AND OR SERVICE AND OR LAND LEASE AND OR LEASE AGREEMENT. YOU FURTHER ACKNOWLEDGE THAT THERE MAY BE RISKS KNOWN AND UNKNOWN THAT COULD LEAD TO PROPERTY DAMAGE, BODILY INJURY, OR DEATH. THESE RISKS INCLUDE THOSE BEYOND THE CONTROL OF HUNTIER.
20. Class Action Waiver.
Any arbitration under these Terms will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Huntier agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
21. Termination/Access Restriction.
Huntier reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
22. Governing Law.
To the maximum extent permitted by law, this Agreement is governed by the laws of the State of North Dakota and you hereby consent to the exclusive jurisdiction and venue of courts in North Dakota in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Huntier as a result of this Agreement or use of the Site.
Huntier’s performance of this Agreement is subject to existing laws and legal process, and nothing contained in this Agreement is in derogation of Huntier’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Huntier with respect to such use.
If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then 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 Agreement shall continue in effect.
Unless otherwise specified herein, this Agreement constitutes the entire agreement between the User and Huntier with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the User and Huntier with respect to the Site. 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. It is the expressed wish of the parties that this Agreement and all related documents be written in English.
26. Changes to Terms.
Huntier reserves the right, in its sole discretion, to change the Terms under which Huntier and the Site is offered. The most current version of the Terms will supersede all previous versions. Huntier encourages you to periodically review the Terms to stay informed of our updates.
27. Contact Us.
Huntier welcomes your questions or comments regarding the Terms. Huntier may be contacted by email at email@example.com.
Effective as of July 5, 2022.