Ultimate Hunting and Fishing Terms of Service and User Agreement Last Updated on July 2, 2010

 1. ACCEPTANCE OF TERMS

This Website is provided by Ultimate Hunting and Fishing ("UHNF"), subject to the following Terms of Service ("TOS"), which may be updated by us from time to time. UHNF reserves the right to alter these TOS without advance notice by posting revised TOS. You can determine if the TOS have been revised by referring to the "Last Updated" date at the top of this page. In addition, when using particular services provided by UHNF, you shall be subject to any additional posted guidelines or rules applicable to such services. All such guidelines or rules are hereby incorporated by reference into the TOS.

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING UHNF's WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR AGREEMENT TO ABIDE BY THE TERMS OF SERVICE THEN IN EFFECT.

By using UHNF's website, you further indicate that you are 18 years of age or more, or have received permission from a parent or legal guardian.

Any questions about the meaning or application of these TOS should be directed to admin@ultimatehnf.com

2. DESCRIPTION OF THE SERVICE

UHNF provides members with access to a rich collection of benefits, editorial content and online resources, including forums and message boards, and opportunities to post eyewitness accounts (all of the foregoing, the "Interactive Community"), quizzes, polls, shopping services, searchable databases, specialized content, and opportunities to win trips and prizes (all of the foregoing, the "Services"). Unless explicitly stated otherwise, any new features that augment or enhance the Services, including the release of new UHNF properties, shall be subject to the then-current TOS.

 

3. REGISTRATION AND ACCOUNT CREATION

You will be required to provide UHNF with certain registration information. In consideration of your use of The Website, you agree, where information is requested, to provide true, accurate, current, and complete information about yourself, and to maintain and update it promptly. You agree that if any information you provide is false, inaccurate, not current, or incomplete, we may terminate your use of The Website. You are responsible for maintaining the confidentiality of your password, and agree not to transfer your use of or access to UHNF or Services to any third party. You are fully responsible for all activities that occur under your password or user name, including without limitation, purchases. You agree to (a) immediately notify UHNF of any unauthorized use of your password or user name or any other breach of security, and (b) ensure that you exit from your account at the end of each session. UHNF is not liable for any loss or damage arising from your failure to comply with all of the foregoing obligations.

 

4. USE OF UHNF BY YOU

Your right to use UHNF is personal to you -- you may not authorize others to use UHNF. You are responsible for all use of UHNF by you and anyone who obtained access to UHNF through you.

 

5. USE OF MATERIAL SUPPLIED BY YOU

For information regarding use of the material and information you supply or communicate with UHNF, please see our Privacy Policy. By posting messages, uploading files, inputting data, uploading videos, or engaging in any other form of communication through UHNF, you grant us a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to use, reproduce, modify, adapt, translate, enhance, transmit, distribute, publicly perform, display, or sublicense any such communication (including your identity and information about you) in any medium (now in existence or hereafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.

 

6. MATERIALS POSTED BY OTHERS

You agree that UHNF and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even if such material violates these TOS.

 

7. COPYRIGHT ISSUES

All content on UHNF is protected under U.S. copyright laws, including the Digital Millennium Copyright Act (the "DMCA"). You may download one copy of the content of UHNF to any single computer for your personal, non-commercial home use only, provided that you keep intact all copyright and other proprietary notices. You may not otherwise license, sell, modify, copy, publish, distribute, or display any content from The Website.

For further information on U.S. copyright law, you may wish to visit the website of the U.S. Copyright Office at: http://www.copyright.gov.

The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials we host infringe your copyright, you (or your agent) may send us a notice requesting that we remove the material or block access to it. If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.copyright.gov for details. Notices and counter-notices should be sent to: admin@ultimatehnf.com.

We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, please be aware that there are penalties for false claims under the DMCA.

 

8. INDEMNIFICATION

You agree to defend, indemnify, and hold harmless UHNF, its parents, subsidiaries, and affiliated companies, and their respective directors, officers, employees, and agents from and against all claims, losses, costs, and expenses (including attorneys fees) arising out of (i) your use of UHNF or Services; (ii) any violation of these TOS by you; or (iii) any allegation that anything you post, transmit, or make available on UHNF infringes or otherwise violates the copyright, trademark, trade secret, or other rights of any third party.

 

9. LINKS

UHNF contain links to other sites. These links are meant to enable access to publicly available information to those who are allowed to UHNF only. UHNF makes no representations whatsoever about any other Web site which you may access through UHNF and you hereby waive any claim you might have against UHNF with respect to such sites. When you leave the UHNF site, please understand that UHNF has no control over the content on that Web site. In addition, a link to a non-UHNF Web site does not imply and does not constitute sponsorship, endorsement, approval or responsibility for the content, or the use of such third-party Web site. UHNF makes no representation or warranty as to any third-party products or services. No rights to use or copy the information on this or the third-party site are granted or implied.

 

10. DISCLAIMER OF WARRANTY AND LIMITATION OF LIABILITY

a. UHNF is a distributor only, and not a publisher, of messages posted in its Interactive Community. Please be aware that other users may post material in the Interactive Community that is inaccurate, misleading, or deceptive. All statements, advice, and opinions made by participants in any Interactive Community are those of such participants only, and UHNF neither endorses nor shall be held responsible for the reliability or accuracy of same, or for any injury, loss, or damage which occurs as a result of such statements, advice, opinions, or other information provided in any Interactive Community. In addition, UHNF has no control over, and shall have no legal liability for, any damages resulting from the use, including republication, or misuse, by any third party, of information voluntarily made public by a user of UHNF. Any user of UHNF who chooses to make any personally identifiable or other information publicly available in an Interactive Community does so at his or her own risk.

b. UHNF, AND (UNLESS OTHERWISE EXPRESSLY STATED) ANY GOODS OR SERVICES YOU ACQUIRE OR ACCESS THROUGH UHNF ARE PROVIDED TO YOU "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF UHNF AND SERVICES AND OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. IN THIS REGARD, YOU ACKNOWLEDGE THAT YOU MAY NOT RELY ON ANY CONTENT CREATED BY UHNF OR SUBMITTED TO UHNF, INCLUDING WITHOUT LIMITATION INFORMATION IN THE INTERACTIVE COMMUNITY AND IN ALL OTHER PARTS OF UHNF.

c. UHNF DISCLAIMS ALL WARRANTIES WITH RESPECT TO THE SERVICES, UHNF, CONTENT CONTAINED THEREIN, OR ANY PRODUCT OR SERVICE OBTAINED THROUGH UHNF, TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE. UHNF WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER THEORY, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, USE, DATA, OR OTHER INTANGIBLES, EVEN IF UHNF HAD BEEN ADVISED OF SUCH DAMAGES. IN PARTICULAR, AND WITHOUT LIMITATION, UHNF WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM THE USE OF OR THE INABILITY TO USE UHNF'S WEBSITE, FROM GOODS ACQUIRED THROUGH UHNF, OR FROM ANY CONTENT POSTED ON UHNF BY UHNF OR ANYONE ELSE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH UHNF AND SERVICES OR THEIR CONTENT IS TO STOP USING UHNF AND SERVICES.

d. UHNF MAKES NO WARRANTY THAT (i) UHNF WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO UHNF WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF UHNF WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH UHNF WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN UHNF WILL BE CORRECTED; OR (vi) UHNF OR THE SERVICES ON WHICH THEY ARE HOSTED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

e. YOU UNDERSTAND AND AGREE THAT UHNF DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH UHNF. UHNF IS NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION. THE INFORMATION IS PROVIDED WITH THE UNDERSTANDING THAT NEITHER UHNF NOR ITS MEMBERS, WHILE SUCH MEMBERS ARE PARTICIPATING IN UHNF, ARE ENGAGED IN RENDERING LEGAL, MEDICAL, COUNSELING OR OTHER PROFESSIONAL SERVICES OR ADVICE. UHNF ENCOURAGES YOU TO SEEK APPROPRIATE PROFESSIONAL ADVICE OR CARE FOR ANY SITUATION OR PROBLEM WHICH YOU MAY HAVE.

f. UHNF SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE CAUSED, OR ALLEGED TO HAVE BEEN CAUSED, DIRECTLY OR INDIRECTLY, BY THE INFORMATION OR IDEAS CONTAINED, SUGGESTED OR REFERENCED IN ANY OF THE MEMBER TO MEMBER POSTING SERVICE AREAS OR OTHER AREAS HEREIN. YOUR PARTICIPATION IN UHNF AND SERVICES IS SOLELY AT YOUR OWN RISK. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OR THROUGH UHNF SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

g. BY PERMITTING CLASSIFIED AND PERSONAL ADVERTISING, UHNF MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND AS TO THE ACCURACY OF THE CONTENT OR SUITABILITY OF THE SUBJECT MATTER OF ANY SUCH ADVERTISEMENT. UHNF specifically disclaims liability for direct, consequential or incidental damages arising from such advertisements. By posting a classified advertisement on UHNF, you are promising that the content of your advertisement is true and that you will indemnify UHNF against any claims which may arise from your advertisements. By responding to a classified or personal advertisement on UHNF you waive any claims against UHNF for damages arising from such advertisement or your reliance upon statements in such advertisement.

 

11. TERMINATION

You understand and agree that, without prior notice and in UHNF's sole discretion, your access to and use of UHNF may be terminated or suspended; and further, that UHNF may also exercise any other remedy available and remove any unauthorized user content, if UHNF believes that your (or anyone using your computer, e-mail or password) use of UHNF violates or is inconsistent with these TOS, or violates the rights of UHNF, another User or applicable law.

You acknowledge and agree that monetary damages may be insufficient to remedy violations of the TOS, and you consent to injunctive or other equitable relief for such violations. UHNF shall not be responsible for any loss or damage that results from termination or suspension of a user's access or account. The provisions of these TOS will survive the termination of your access to UHNF, whether terminated by you or UHNF.

 

12. Modifications to Services

UHNF reserves the right, at any time and from time to time, to modify or discontinue, temporarily or permanently, the Services (or any part thereof) without notice. You agree that UHNF shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Services, or of any content, feature, or product offered on UHNF. Your continued use of UHNF after such changes will indicate your acceptance of the changes.

 

13. Jurisdictional Issues

UHNF neither represents nor warrants that UHNF is appropriate or available for use in any particular jurisdiction. Accessing UHNF from any location other than the United States is at your own risk, and you accept full responsibility for compliance with all local laws. You are also subject to United States export controls and are responsible for any violations of United States embargoes or other federal rules and regulations restricting exports. We may limit UHNF's availability or the provision of any of the services or of any product described thereon to any person, geographic area, or jurisdiction we choose, at any time in our sole discretion, and we may also limit the quantities of any Service or product.

 

14. Notice

Notices to you may be made via either email or regular mail. UHNF may also provide notices of changes to the TOS or other matters, by displaying such notices or by providing links to such notices.

 

15. Filtering

Pursuant to 47 U.S.C. Section 230 (d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available at the web site of the Electronic Frontier Foundation: http://www.eff.org .

 

16. Miscellaneous

If any part of these TOS is found by a court of competent jurisdiction to be invalid or unenforceable, it will be replaced with language reflecting the original purpose in a valid and enforceable manner. The enforceable sections of these TOS will remain binding upon the parties. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. This constitutes the entire agreement between you and UHNF with respect to your use of UHNF and supersedes all prior or contemporaneous communications and proposals between you and UHNF.

 

17. Information or Complaints

If you would like any further information or if you have a complaint regarding UHNF, please send an e-mail to admin@ultimatehnf.com. Prices for goods or services available on UHNF are provided at the point of purchase. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 400 R Street, Suite 1080, Sacramento, CA 95814, or by telephone at (916) 445-1254 or (800) 952-5210.