-Jeff Courter | Sportsman Tracker
This Website is provided solely for the use of current and future customers of Sportsman Tracker to provide you with information about our company, to permit you to purchase products offered on the Website, and to enable you to contact us with any questions or comments that you may have. Any other use of this Website is prohibited.
Sportsman Tracker promotes ethical hunting and more specifically, we encourage: i. posting of Materials respecting the animal both before and after the harvest; and ii. displaying content that positively builds up the community of outdoorsmen.
Also, you should not use any features of this Website that permit communications or postings to post, transmit, display, or otherwise communicate: i. any vulgar language, defamatory, threatening, obscene, harassing, offensive, or otherwise unlawful information; ii. any advertisement, solicitation, spam, chain letter, or other similar type of information; iii. any illegal activity or encouragement of illegal activity, including, but not limited to displaying content of animals that are alive and in distress, illegal harvesting of wildlife, harvesting unlawful species, and harvesting out of season; iv. any activity that we deem to be unethical hunting as determined in our sole discretion; iv. unauthorized use or disclosure of private, personally identifiable information of others; and v. any materials subject to trademark, copyright, or other laws protecting any materials or data of others in the absence of a valid license or other right to do so.
Additionally, you shall not (i) impersonate any person or entity, including, but not limited to, Sportsman Tracker personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;(ii) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Website;(iii) act in a manner that negatively affects the ability of other users to access or use the Website;(iv) take any action that imposes an unreasonable or disproportionately heavy load on the Website or its infrastructure;(v) interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website;(vi) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Website or substantially download, reproduce or archive any portion of the Website;(vii) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Website, including, but not limited to, your user account and password; or(viii) violate any applicable local, state, provincial, federal or international law or regulation.
We reserve the right to remove Materials posted to the Website that contain images or content that is inconsistent or violates the intent of this Agreement.
The information contained on this Website, including all images, designs, photographs, writings, graphs, data, and other materials ("Materials") are the property of Sportsman Tracker and are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is granted to display, copy, distribute, download, and print portions of this Website solely for the purposes of using this Website for the authorized uses described above. You must retain all copyright and other proprietary notices on all copies of the Materials. You shall comply with all copyright laws worldwide in your use of this Website and prevent unauthorized copying of the Materials. Except as provided in this Agreement, Sportsman Tracker does not grant you any express or implied right in or under any trademarks, copyrights, or trade secret information.
You acknowledge and agree that all information, maps, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Website, whether publicly posted or privately transmitted (“Content”), are the sole responsibility of the person from whom such Content originated. This means that you, and not Sportsman Tracker, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Website (“Your Content”), and other users of the Website, and not Sportsman Tracker, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Website (“User Content”).
If you choose to subscribe to any of our enhanced, paid services, these are the payment and billing terms that apply. Paid services and billing may auto-renew unless you cancel. You may cancel at any time.
We offer certain premium versions of the Website (the “Premium Websites”) for a fee. By signing up for and using the Premium Websites, you agree to our Terms, and any additional terms and conditions provided here.
The Premium Websites provide you access to certain enhanced products, services, features and functionality (e.g., premium graphs and analysis, exclusive data). By signing up for and using the Premium Websites, including signing up for Free Trials of the Premium Websites, you agree to pay any fees or other incurred charges that apply to the Premium Websites (such as subscription fees).
When you sign up for the Premium Websites, you must designate and provide information about your preferred payment method (“Payment Method”). This information must be complete and accurate, and you are responsible for keeping it up to date. You expressly authorize us to collect via automatic debit or ACH from your Payment Method the appropriate fees charged for the Premium Websites and for any other purchases you elect to make via the Websites.
Unless otherwise stated, all fees due for the Premium Websites are payable in advance, and will be billed automatically to the Payment Method at the start of the annual Premium Website period, as applicable. Unless otherwise stated, Premium Websites will auto-renew until you elect to cancel your access to Premium Websites. All purchases of Premium Websites are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Website.
If you do not pay the fees or charges due for your use of the Premium Websites, we may make reasonable efforts to notify you and resolve the issue; however, we reserve the right to disable or terminate your access to the Premium Websites (and may do so without notice).
You can cancel the Premium Websites at any time. Once you have cancelled your Premium Website and received confirmation, no other changes can be made to your account. The cancellation of a Premium Website will go into effect at the end of your current billing cycle, and you will have the same level of access to the Premium Website through the remainder of such billing cycle.
There are no refunds for termination or cancellation of your Premium Website. If you no longer wish to subscribe to a Premium Website, it is your responsibility to cancel your Premium Website in due time, regardless of whether or not you actively use the Premium Website.
To the maximum extent permitted by applicable laws, we may change our prices for Premium Websites at any time. We will give you reasonable notice of any such pricing changes by posting the new prices on or through the applicable Premium Website and/or by sending you an email notification. If you do not wish to pay the new prices, you can cancel the applicable Premium Website prior to the change going into effect.
If you have received a discount, coupon or gift code to a Premium Website, the following terms and conditions apply in addition to the terms and conditions of the specific code. To redeem a discount or coupon code, log in to the applicable Website and enter the applicable code to take advantage of the relevant promotion. All discounts, gift and coupon codes can only be applied when subscribing to Premium Websites, and to accounts not already subscribed to Premium Websites. Discount, coupon and gift codes cannot be combined with any other cash-off price, sales, promotion or coupon, and cannot be exchanged, refunded, replaced or redeemed for cash or payment of accounts. A payment method may be required to redeem a discount or coupon code. It is your own responsibility to use a discount, coupon or gift code before it expires, and expired codes cannot be refunded or extended. It is also your responsibility to terminate the Premium Website before the end of a free or discounted period if you do not want to continue with a Premium Website at the regular price. The terms and conditions of a specific discount, coupon or gift code may include additional restrictions on its use, including but not limited to the type of plan, duration of free or discounted Premium Website, coupon validity dates, and/or purchase quantities. Under Armour reserves the right to cancel discounts and coupon promotions at any time.
We sometimes offer free trials of our Premium Websites or other promotional offers (each a “Free Trial”). A Free Trial provides you access to the Premium Websites for a period of time, with details specified when you sign up for the offer.
In order to sign up for a Free Trial, you may need to provide us with your preferred Payment Method. As soon as you submit your payment details, your Free Trial will begin. You will not be charged until the Free Trial period ends.
Unless you cancel before the end of the Free Trial, or unless otherwise stated, your access to the Premium Website will automatically continue and you will be billed the applicable fees for that Premium Website using the Payment Method you provided. All incurred charges are final and non-refundable, except at our sole discretion and in accordance with the rules governing each Premium Website. We may send you a reminder when your Free Trial is about to end, but we do not guarantee any such notifications. It is ultimately your responsibility to know when the Free Trial will end if you decide you do not want to become a paying Premium Websites user after the Free Trial period.
If you decide you do not want to become a paying Premium Websites user, you must cancel your subscription before the end of the Free Trial period. Depending on the applicable Premium Website, you may lose access as soon as you cancel or at the end of the Free Trial period. Once you have cancelled your Free Trial and received confirmation, you cannot resume the Free Trial period even if it was not used for the entire duration of the offer.
Premium Website features and content may change at any time, and we cannot guarantee any specific feature or content will be available for the entire Free Trial period. The rates in effect when you sign up for the Free Trial will be the same when the Free Trial ends, unless we notify you otherwise. We reserve the right, in our absolute discretion, to modify or terminate any Free Trial offer, your access to the Premium Websites during the Free Trial, or any of these terms without notice and with no liability. You may not sign up for more than one Free Trial of a given Premium Website at the same time, and we reserve the right to limit your ability to take advantage of multiple Free Trials.
You expressly agree that use of this Website is at your sole risk. Neither Sportsman Tracker nor any of its members, employees, agents, third-party content providers, or licensors (collectively, "Providers"), or the like, warrant that this Website will be uninterrupted or error-free; nor do they make any warranty as to the results that may be obtained from the use of this Website, or as to the accuracy, completeness, reliability, security, or currency of the Materials. The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, Sportsman Tracker does not warrant reliability of any statement or other information displayed or distributed through the Website. Sportsman Tracker reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Website. Sportsman Tracker may make any other changes to this Website, the Materials and the products, programs, services, or prices (if any) described in this Website at any time without notice. THIS WEBSITE AND THE INFORMATION, CONTENT, AND MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS," "WHERE IS," AND "WHERE AVAILABLE" BASIS. SPORTSMAN TRACKER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE CONTENT, INFORMATION, OR THE MATERIALS ON THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, SPORTSMAN TRACKER EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND, WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE OR YOUR USE OF THIS WEBSITE GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION'S LAW APPLIES TO THIS AGREEMENT.
YOU AGREE THAT SPORTSMAN TRACKER AND ITS PROVIDERS SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT, CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A NEGLIGENT ACT, SHALL SPORTSMAN TRACKER OR ANY OF ITS PROVIDERS BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON THIS WEBSITE OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION OFFERED, SOLD, OR DISPLAYED ON THIS WEBSITE, YOUR USE OF, OR INABILITY TO USE, THIS WEBSITE GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF WHETHER SPORTSMAN TRACKER OR ANY OF ITS PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. YOU AGREE THAT SPORTSMAN TRACKER IS NOT LIABLE FOR MATERIALS WHICH MAY DISPLAY HUNTING OR FISHING PRACTICES THAT ARE ILLEGAL.
Sportsman Tracker provides land boundaries and land ownership information which serve as a reference to hunters for informational purposes only. Sportsman Tracker receives this information from 3rd party data providers and is not responsible for its accuracy in any way or in regards to any dispute over land boundary lines or ownership information. THE CONTENT MADE AVAILABLE THROUGH THE SERVICE DOES NOT CONSTITUTE A LEGAL SURVEY. OWNERSHIP OF LAND, WHETHER PUBLIC OR PRIVATE, MAY CHANGE AT ANY TIME. TO OBTAIN THE DEFINITIVE DESCRIPTION OF REAL PROPERTY, CONSULT THE DEED OR OTHER OFFICIAL RECORD MAINTAINED BY THE APPLICABLE GOVERNMENTAL AUTHORITY. The end user is solely responsible for using the data at their own risk.
You agree to indemnify, defend, and hold harmless the Providers against any and all claims, liabilities, causes of action and expenses, including reasonable attorney fees and costs, arising out of or related in any way to your use of the Website, violation of this Agreement, violation of any law or regulation, or violation of any proprietary or privacy right.
Any cause of action you may have with respect to your use of this Website must be commenced within one (1) year after the claim or cause of action arises.
Without limiting its other remedies, Sportsman Tracker may immediately discontinue, suspend, terminate, or block your and any user's access to this Website at any time in our sole discretion.
Sportsman Tracker or any of its related services are intended for a single user application, meaning a single registration or any single paid account is intended for one person. Any sharing of account information for multi-user use is strickly prohibited unless written permission is given by Sportsman Tracker. This includes sharing email addresses, usersnames, passwords or any other vital information for allowing communal access to a single account. If any paid accounts are being accessed by multiple users or single logins are being used concurrently on multiple devices, Sportsman Tracker reserves the right to charge the paying account for every user that has accessed the offending account at the full subscription rate from the date of infringement. Any or all accounts used in combination with these infringements can be banned, suspended or otherwise closed without notification.
If you elect to provide or make available to Sportsman Tracker any suggestions, comments, ideas, improvements or other feedback relating to the Website (“Suggestions”), Sportsman Tracker shall be free to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights in your Suggestions in any form and any medium (whether now known or later developed), without credit or compensation to you.
As a convenience to you, we may provide on this Website links to websites operated by other entities (collectively the "Linked Websites"). If you use any Linked Websites, you will leave this Website. If you decide to visit any Linked Website, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses or other destructive elements. Linked Websites, regardless of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or otherwise governed by Sportsman Tracker. The content, accuracy, opinions expressed, and other links provided by Linked Websites are not investigated, verified, monitored, or endorsed by Sportsman Tracker. Sportsman Tracker does not endorse, make any representations regarding or warrant any information, goods, and/or services appearing and/or offered on any Linked Website, other than linked information authored by Sportsman Tracker. Links do not imply that Sportsman Tracker or this Website sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or copyright symbol displayed in or accessible through the links, or that any Linked Website is authorized to use any trademark, trade name, logo or copyright symbol of Sportsman Tracker or any of its affiliates or subsidiaries. Except for links to information authored by Sportsman Tracker, Sportsman Tracker is neither responsible for nor will it be liable under any theory based upon (i) any Linked Website; (ii) any information and/or content found on any Linked Website; or (iii) any Website(s) linked to or from any Linked Website. If you decide to visit any Linked Websites and/or transact any business thereon, you do so at your own risk. Sportsman Tracker reserves the right to discontinue any Linked Website at any time without prior notice. Please contact the Webmasters of any Linked Websites concerning any information, goods, and/or services appearing thereon.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Michigan, U.S.A., without reference to its conflicts of laws provisions. Sportsman Tracker makes no representation that the materials are appropriate or available for use outside the United States. If you access this Website from outside the United States, you will be responsible for compliance with all local laws. You agree to comply with all laws and regulations applicable to your use of this Website. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts located within Ottawa County, Michigan for any disputes with Sportsman Tracker arising out of your use of this Website.
Dispute Resolution and Class Action Waiver. Any and all disputes, claims and causes of action arousing out of or relating to the Websites, Content, User Content, usage of User Data, personal information, or location information, or the Terms will be resolved individually, without resort to any form of class action, and will be arbitrated and governed by Michigan law and controlling U.S. federal law as applicable, without regard to conflicts of laws as set forth more fully below.
Individual, Confidential Arbitration. You and we agree to submit to the personal and exclusive arbitration of any disputes relating to your use of the Website under the rules of the American Arbitration Association. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration,
Any such arbitration between you and us, to the extent necessary, will be conducted in Grand Rapids, Michigan, and you waive any right to claim that such location is an inconvenient forum. You covenant not to sue us in any other forum.
The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the rules of the American Arbitration Association, as modified herein. You and we agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (a) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (b) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (c) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim.
You also acknowledge and understand that, with respect to any dispute with the Released Parties arising out of or relating to your use of the Websites:YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY; YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING ANY SUCH DISPUTE; AND YOU MUST FILE ANY CLAIM WITHIN ONE (1) YEAR AFTER SUCH CLAIM AROSE OR IT IS FOREVER BARRED. Only if this arbitration provision is deemed to be null and void, then all disputes arising between you and us under the Terms will be subject to the exclusive jurisdiction of the state and federal courts located in or having jurisdiction over Grand Rapids, Michigan, and you and we hereby submit to the personal jurisdiction and venue of these courts.
This Agreement constitutes the entire agreement between Sportsman Tracker and you with respect to this Website, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and Sportsman Tracker with respect to this Website. 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. If for any reason a court of competent jurisdiction finds any provision of this Agreement or portion thereof to be unenforceable, that provision shall be enforced to maximum extent permissible so as to affect the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.
We may revise this Agreement at any time and you agree to be bound by the revised Agreement. Any such modifications will become effective upon the date they are first posted to this Website. It is your responsibility to return to this Agreement from time to time to review the most current terms and conditions. Sportsman Tracker does not and will not assume any obligation to notify you of changes to this Agreement.
You agree to be bound by any affirmation, assent, or agreement you transmit through this Website, including but not limited to any consent you give to receive communications from Sportsman Tracker solely through electronic transmission. You agree that when in the future you click on an "I agree," "I consent," or other similarly worded "button" or entry field with your mouse, keystroke, or other computer device, your agreement or consent will be legally binding and enforceable and the legal equivalent of your handwritten signature. Users may provide feedback (e.g., input and suggestions) to Sportsman Tracker regarding the Sportsman Tracker site. Users providing feedback must provide their name and e-mail address. Any contact information entered when providing feedback will only be used to acknowledge or respond to that feedback. Users are encouraged to provide their input and suggestions by sending an e-mail to email@example.com.