-Jeff Courter | Sportsman Tracker
USE OF WEBSITE 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.
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.
WEBSITE CONTENTS AND OWNERSHIP 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.
DISCLAIMER OF WARRANTY 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.
LIMITATION OF LIABILITIES 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.
INDEMNIFICATION 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.
LIMITATIONS ON CLAIM 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.
TERM AND TERMINATION 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.
SINGLE USER AGREEMENT Sportsman Tracker or any of it's 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.
LAND BOUNDARIES AND ACCURACY Sportsman Tracker provides land boundaries and land ownership information which serve as a reference to hunters. Sportsman Tracker receives this information from 3rd party data providers and is not responsible for it's accuracy in any way or in regards to any dispute over land boundary lines or ownership information. The end user is soley responsible for using the data at their own risk.
HYPERLINK DISCLAIMERS 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.
CONTROLLING LAW, JURISDICTION AND INTERNATIONAL USERS 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.
ENTIRE AGREEMENT 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.
MODIFICATIONS TO AGREEMENT 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.
ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES 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.