· ACKNOWLEDGMENT
AND ACCEPTANCE OF TERMS OF SERVICE
This Auction Site ("Service"), owned
and operated by this Auction Owner ("MountainHunter.Net"),
is provided to you under the following Terms
of Service and any operating rules or policies
that may be published by this Auction Site.
The Terms of Service comprise the entire agreement
between a subscriber and this Auction Site
and supersede all prior agreements between
the parties, regarding the subject matter contained
herein. By participating in the registration
process, you are indicating your agreement
to be bound by all of these Terms of Service.
· DESCRIPTION OF SERVICE
This Auction Site is providing
a subscriber with an auction service to buy
hunting, fishing and other wilderness trips.
Subscriber agrees to: (1) provide certain
current, complete, and accurate information
about the subscriber as prompted to do so
by the Service and (2) maintain and update
this information as required to keep it current,
complete and accurate. All information requested
on original sign up shall be referred to
as registration data ("Registration Data"). Furthermore,
a subscriber grants this Auction Site the right
to disclose to third parties certain Registration
Data about subscriber and Service membership
in the aggregate; If any information provided
by a subscriber is incomplete or inaccurate,
this Auction Site retains the right to terminate
a subscriber’s rights to use the Service.
· MODIFICATIONS TO TERMS OF
SERVICE
This Auction Site reserves the right to modify
these terms and conditions at any time without
notice. Subscriber's continued use of the Service
constitutes an affirmative: (1) acknowledgment
by subscriber of these Terms of Service and
any modifications; and (2) agreement by subscriber
to abide and be bound by these Terms of Service
and modifications.
· MODIFICATIONS TO SERVICE
This Auction Site reserves the right to modify
or discontinue the Service with or without
notice to subscriber. This Auction Site shall
not be liable to subscriber or any third party
should this Auction Site exercise its right
to modify or discontinue the Service.
· AUCTION SITE'S OBLIGATIONS
Subscriber acknowledges and agrees that this
Auction Site is not responsible for any damages
to goods during transit or during the inspection
period, nor for misrepresentations and/or breaches
of contract by either buyer and/or seller.
Member acknowledges and agrees that any dispute
involving this Auction Site shall be settled
by arbitration in the state of Illinois, USA
pursuant to the Rules of the National Arbitration
Forum.
· SUBSCRIBERACCOUNT,
PASSWORD, AND SECURITY
Once you become a subscriber of the Service,
you will receive a user ID and a password.
You are entirely responsible if you do not
maintain the confidentiality of your user ID
and password. Furthermore, you are entirely
responsible for any and all activities, which
occur under your user ID and password. Subscriber
agrees to immediately notify this Auction Site
of any unauthorized use of Subscriber's user
ID or any other breach of security known to
the subscriber.
· LIMITATION OF LIABILITY
THIS AUCTION SITE SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES, RESULTING FROM THE USE
OR THE INABILITY TO USE THE SERVICE, OR FOR
COST OF PROCUREMENT OF SUBSTITUTE GOODS AND
SERVICES, OR RESULTING FROM ANY GOODS OR SERVICES
PURCHASE OR OBTAINED, OR MESSAGES RECEIVED
OR TRANSACTIONS ENTERED INTO THROUGH THE SERVICE
OR RESULTING FROM UNAUTHORIZED ACCESS TO, OR
ALTERATION OF MEMBER'S TRANSMISSIONS OR DATA,
INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS
OF PROFITS, USE, DATA OR OTHER INTANGIBLE,
EVEN IF THIS AUCTION SITE HAS BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY
FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES SO SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU.
· NO RESALE OR COMMERCIAL
USE OF THE SERVICE
Member's right to use the Service is personal
to Member. Member agrees not to resell or make
any commercial use of the Service, without
the express written consent of MountainHunter.Net
· OTHER LIMITATIONS
This Auction Site retains the right, at our
sole discretion, to determine whether or not
Subscriber's conduct is consistent with the
letter and spirit of these Terms of Service
and User Agreement. This Auction Site reserves
the right to terminate service if a Subscriber's
conduct is found to be inconsistent with these
Terms of Service and User Agreement.
· SUBSCRIBER CONDUCT
Subscriber is solely responsible for the contents
of his or her transmissions through the Service.
Subscriber's use of the Service is subject
to all applicable local, state, national and
international laws and regulations. Subscriber
agrees: (1) to comply with US law regarding
the transmission of technical data exported
from the United States through the Service;
(2) not to use the Service for illegal purposes;
(3) not to interfere or disrupt networks connected
to the Service; and (4) to comply with all
regulations, policies and procedures of networks
connected to the Service.
Subscriber agrees not to transmit through
the Service any unlawful, harassing, libelous,
abusive, threatening, harmful, vulgar, obscene
or otherwise objectionable material of any
kind or nature. Subscriber further agrees not
to transmit any material that encourages conduct
that could constitute a criminal offense, give
rise to civil liability or otherwise violate
any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized
access to other computer systems are prohibited.
This Auction Site may, at its sole discretion,
immediately terminate Service should Subscriber's
conduct fail to conform with these Terms of
Service and User Agreement.
· INDEMNIFICATION
Subscriber agrees to indemnify and hold this
Auction Site, its parents, subsidiaries, affiliates,
officers and employees, harmless from any claim
or demand, including reasonable attorneys'
fees, made by any third party due to or arising
out of Subscriber's use of the Service, the
violation of these Terms of Service by Member,
or the infringement by Subscriber, or other
user of the Service using Subscriber's computer,
of any intellectual property or other right
of any person or entity.
· TERMINATION
Should Subscriber object to any of these Terms
of Service or any subsequent modifications
thereto or become dissatisfied with the Service
in any way, Subscriber's only recourse is to
immediately: (1) discontinue use of the Service;
(2) terminate Service subscription; and (3)
notify this Auction Site of termination.
· PARTICIPATION IN PROMOTIONS
OF ADVERTISERS
Subscriber may enter into correspondence with
or participate in promotions of the Advertisers
showing their products on the Service. Any
such correspondence or promotions, including
the delivery of and the payment for goods and
services, and any other terms, conditions,
warranties or representations associated with
such correspondence or promotions, are solely
between the corresponding Subscriber and the
Advertiser. This Auction Site assumes no liability,
obligation or responsibility for any part of
any such correspondence or promotion.
· LAWS
These Terms of Service shall be governed by
and construed in accordance with the laws of
the state of Illinois. Member and this Auction
Site agree to submit to the exclusive jurisdiction
of the courts of the state of Illinois. If
any provision(s) of these Terms of Service
is held by a court of competent jurisdiction
to be contrary to law, then such provision(s)
shall be construed, as nearly as possible,
to reflect the intentions of the parties with
the other provisions remaining in full force
and effect. This Auction Site's failure to
exercise or enforce any rights or provisions
of these Terms of Service shall not constitute
a waiver of such right or provision unless
acknowledged and agreed to by this Auction
Site in writing. Subscriber and this Auction
Site agree that any cause of action arising
out of or related to this Service must commence
within one (1) year after the cause of action
arose; otherwise, such cause of action is permanently
barred. The section titles in these Terms of
Service are solely used for the convenience
of the parties and have no legal or contractual
significance |
