TERMS OF SERVICE
THE FOLLOWING DESCRIBES THE TERMS OF SERVICE ON WHICH THIS SITE OFFERS YOU
ACCESS TO OUR SERVICES. BY USING AND CONTINUED USE OF THIS SITE, YOU ARE IN
AGREEMENT WITH THE TERMS AND CONDITIONS BELOW. WE RESERVE THE RIGHT TO MODIFY OR
CHANGE THESE CONDITIONS AT ANY TIME. PLEASE REVIEW THIS PAGE FREQUENTLY.
*** BUYING RULES, LISTING RULES, AND FEES ARE ADDRESSED IN THE
FIRST 3 SECTIONS. ***
Eligibility for Membership. Our services are available only to individuals or
businesses who can form legally binding contracts under applicable law. Without
limiting the foregoing, our services are not available to minors. If you do not
qualify, please do not use our services.
1. BUYING. Buying an item, by selecting the
"Purchase Now" option available on every trip/service listing, is an irrevocable
offer to purchase the listed service at the price set by the seller. You will
not be making an actual payment to our site, but are making an irrevocable offer
to pay the seller for the trip per the payment terms set forth byt the seller in the trip listing. You must be
at least 18 years of age in order to buy services listed on this site. If you
have any questions about the item, have them answered by the seller prior to any
purchase. Please read the listing carefully or communicate with the seller using
the site's integrated messaging system if you have any
questions. In addition, all buyers are encouraged to contact references supplied
by the seller prior to buying the listed trip/service.
Our site works strictly on a commission
basis. We never charge sellers to list their trips and only collect a
commission when we connect them with a client. In addition, unlike many other
sites out there, we provide FREE access to everyone to view and search through
the hundreds of hunting and fishing trips. In order to continue operating our
site in this fashion, we ask that you always use the site's Purchase Now
facility to purchase each trip even if you at some point communicate
directly with the seller (telephone or standard email) or end up on their web site.
We ask that you always use the site's integrated messaging system to establish
communication with the trip provider.
2. LISTING. Listing an item for sell on
this site is an irrevocable offer to sell the trip or service at the listed
price. Listing on this site is limited to bona fide businesses that are engaged
in providing hunting and fishing services, including lodging, to the general
public. Listing on this site is also available to landowners and hunting club
operators, or their designated agents, that seek clients to hunt or fish on
their owned or leased property for a fee. Each business must operate in
accordance with its states/provinces applicable laws and regulations.
Please do not include your web address, e-mail address or your phone
number in your Trip Listings. Instead, you should encourage
potential clients to contact you via the email message window at the bottom of
each trip listing. After this initial contact is made, you will then know
that the hunter/angler discovered your trip or service on this site and can make
sure that the client purchases the trip via the built-in Purchase Now facility.
Also, after initial contact is made, you are free to provide any contact info
needed for any further communication with the interested party. Since our
site operates on commission only, this is a necessary limitation to ensure that
trips are consummated within the site's infrastructure. Note that you can
provide the web-site equivalent in the User Profile. The User Profile
Business and Services Overview section allows unlimited text, images, and simple
tables.
By listing a hunting or fishing trip or service on this site, seller agrees
to the following:
- To Inquire of potential buyers how they "found' a trip if it's description
matches a trip listed on this site
- For all cases where the trip was "found" by the potential buyer on this
site, seller shall:
- NOT attempt to directly book such trip or service,
- Request that the potential buyer book the trip on this site if they want
to purchase it.
This site provides two major categories: 1) BargainTrophies Trips and 2)
Troph-E-Trips. Posting in one of the BargainTrophies Trips sub-categories
requires that the listed trip or service is discounted at least 5%. In
addition, the discount percentage or actual dollar savings should be included in
the trip listing. Landowners posting trespass-fee hunts are welcome
to post in one of the BargainTrophies Trips categories as these types of trips
are typically lower than semi- or fully guided hunts.
Since e-mail is the primary communication method between sellers and
potential buyers, sellers are encouraged to check/respond to e-mail on a
frequent basis. Many potential sales are lost due to the fact that sellers fail
to respond to questions/reference requests in a timely fashion. Sellers must
remove listings immediately should the associated trip/service become
unavailable for sale due to booking via other means.
When listing items, ensure that the items listed do not infringe upon the
copyright, trademark or other rights of those third parties.
The sale of your item(s) on this site: (a) shall not be fraudulent; (b) shall
not infringe any third party's copyright, patent, trademark, trade secret or
other proprietary rights or rights of publicity or privacy; (c) shall not
violate any law, statute, ordinance or regulation (including without limitation
those governing export control, consumer protection, unfair competition,
antidiscrimination or false advertising); (d) shall not be defamatory, trade
libelous, unlawfully threatening or unlawfully harassing; (e) shall not be
obscene or contain child pornography or otherwise be harmful to minors. (f)
shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or
other computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; and (g) shall not link directly to or include descriptions
of goods or services that you do not have a right to link to or include.
Furthermore, you may not post on our site or sell through our site any item
that, by paying to us the listing fee or the final value fee, could cause us to
violate any applicable law, statute, ordinance or regulation.
This site reserves the right to modify or delete trip listings that violate
our policies.
3. PAYMENTS AND FEES.
A 5% commission for each
"sold" trip or service will be billed to the seller's account. There are no
other fees: no fee to list a trip, no fee to include pictures, no fee if the
listed item doesn't sell, no fee to re-list the item. There are never fees
charged to the buyer.
This site will bill all sellers with an account due balance on a monthly
basis via e-mail invoices. Sellers that fail to settle their accounts within 30
days of billing are subject to temporary or permanent termination. This site's
owner, McLain Outdoor Adventures, prefers payment via PayPal, which allows you
to pay via all major credit cards as well as a standard checking account.
Payments by check or money order are also accepted.
Any and all payments to this site for its services are non-refundable, with
the following exception: If a buyer fails to book a trip or service after
executing a "purchase" on this site, you will be reimbursed for the commission
associated with that particular listing within 30 days after notification by you
to this site's administrator.
All fees are quoted in U.S. Dollars.
4. System Abuse. This site reserves the right to refuse service to anyone. We
will exercise this right with "problem" buyers who do not follow through booking
a trip after "purchasing" a trip on this site, and "problem" sellers who list an
item and don't follow through with providing the service as listed.
Without limiting any other remedies, this site may terminate your account if
you are found (by conviction, settlement, insurance or escrow investigation, or
otherwise) to have engaged in fraudulent activity in connection with our site.
5. Purchase Cancellation. All "purchases" are non-cancelable once submitted.
6. Technical Difficulties. This site is not responsible for attempts to
purchase not being processed or not being accepted due to technical
difficulties.
7. Information. This site does not assume responsibility for the content or
the context of the listings.
For legal reasons, we cannot nor do we try to control the information
provided by other users which is made available through our system. By its very
nature, other people's information may be offensive, harmful or inaccurate, and
in some cases will be mislabeled or deceptively labeled. We expect that you will
use caution -- and common sense -- when using our site.
You are solely responsible for any information you post or use on this site,
and we act as a passive conduit for your online distribution and publication of
said information. However, we may take any action with respect to such
information we deem necessary or appropriate in our sole discretion if we
believe it may create liability for us or may cause us to lose (in whole or in
part) the services of our ISPs or other suppliers.
8. Illegal Items. You, as a Member of this site agree that all transactions
do not violate any applicable state, federal and/or international laws.
9. Changing Categories. This site reserves the right to move listings from
one category to another as appropriate. We will only do this when our staff
feels this is necessary.
10. Spam. Users agree to refrain from "spamming" (sending unsolicited
commercial email to other users).
11. E-Mail. This site assumes no responsibility for the content of email
transmissions between Members. By agreeing with these terms of usage, you are
accepting full and complete responsibility for the content of your messages.
The site's integrated email messaging system is provided to allow buyers and
sellers to communicate with each other. The site's administrator may
access/view these messages in order to facilitate smooth transactions, resolve
communication problems, or other reasons deemed necessary in conducting this
site's business. The site's integrated messaging system should not be used
to exchange messages of a personal nature.
12. Promotional Messages. This site and/or third parties may, from time to
time, send e-mail messages to you containing advertisements, promotions, etc.
This site makes no representation or warranty with respect to the content of any
such e-mail messages or any goods or services which may be obtained from such
third parties, and you agree that neither this site nor such third party shall
have any liability with respect thereto.
13. Registration. Members agree to provide true and accurate information
about him/herself in the registration form.
It is a violation of law to make purchases in a false name or with an invalid
credit card, even if our software initially accepts such a purchase attempt.
Please be aware that even if you do not give us your real name, your web browser
transmits a unique Internet address to us, which can be used by law enforcement
officials to identify you. Do not test our site with false purchase attempts.
This puts you at substantial personal legal risk. Fraudulent users will be
prosecuted to the fullest extent of the law. Currently, both the FBI and the US
Secret Service are responsible for investigating all Internet fraud cases.
14. System Maintenance. We will occasionally perform system maintenance
tasks, such as database backups. This may or may not cause system downtime.
15. Termination. This site may, at its sole discretion, terminate Service
should Member's conduct fail to conform to this User Agreement or other rules of
this site.
16. To report a violation of this site's rules, please email the
administrator.
17. Advertising of other competing trip listing sites, to included auction
sites, is not permitted. This site reserves the right to remove any such
postings with or without any notice.
Terms of Use and Service
ACKNOWLEDGMENT AND ACCEPTANCE OF TERMS OF SERVICE
This site ("Service"), owned and operated by this Site's Owner (McLain
Outdoor Adventures), is provided to you under the following Terms of Service and
any operating rules or policies that may be published by this Site. The Terms of
Service comprise the entire agreement between Member and this 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 Site is providing Member with a service to buy and sell services related
to the hunting and fishing industry. In consideration for this Service, Member
agrees to: (1) provide certain current, complete, and accurate information about
Member 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, Member grants this Site the right to
disclose to third parties certain Registration Data about Member and Service
membership in the aggregate; however, such disclosures will exclude Member's
name, mailing address, email address, account and phone number, unless: (1)
Member expressly directs this Site, or any other person, Member may specifically
designate to disclose such information through the Service as provided by the
Service, or (2) this Site is required to disclose such information by any
applicable law or legal process served on this Site.
We may in our sole discretion add, delete or change some or all of our
services at any time.
If any information provided by Member is incomplete or inaccurate, this Site
retains the right to terminate Member's membership and rights to use the
Service.
MODIFICATIONS TO TERMS OF SERVICE
This Site may change these Terms of Service from time to time. Upon any
change in these Terms of Service, we will notify you by email or by posting such
on the site itself.
Member's continued use of the Service constitutes an affirmative: (1)
acknowledgment by Member of these Terms of Service and any modifications; and
(2) agreement by Member to abide and be bound by these Terms of Service and
modifications.
MODIFICATIONS TO SERVICE
This Site reserves the right to modify or discontinue the Service with or
without notice to Member. This Site shall not be liable to Member or any third
party should this Site exercise its right to modify or discontinue the Service.
THIS SITE'S OBLIGATIONS
This web Site functions solely as a neutral venue and digital clearinghouse
to connect service providers and buyers. Member acknowledges and agrees that
this Site does not endorse any of the services that are sold through the
Service. We specifically disclaim any and all explicit or implicit endorsements
or recommendations for any Services or Service Provider. Furthermore, We are not
involved in any manner with the provision of the Services by the Service
Provider. As a result of this lack of involvement, We cannot guarantee nor do We
have control over the quality, accuracy, standard of Service, safety or legality
of the Services provided by the Service Provider. You acknowledge and agree that
any and all communications, correspondence, verbal or written, or any warranties
or representations, made with regard to the Services are not provided by Us and
are specifically and solely between You and the Service Provider.
Member acknowledges and agrees that this Site is not responsible for
misrepresentations and/or breaches of contract by either buyer and/or seller.
Member acknowledges and agrees that any dispute involving this Site shall be
settled by arbitration in the state of Alabama, USA pursuant to the Rules of the
National Arbitration Forum.
MEMBER ACCOUNT, PASSWORD, AND SECURITY
Once you become a member 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. Member agrees to immediately notify this Site of any unauthorized use
of Member's user ID or any other breach of security known to Member.
DISCLAIMER OF WARRANTIES
MEMBER EXPRESSLY AGREES THAT USE OF THE SERVICE IS AT MEMBER'S SOLE RISK. THE
SERVICE IS PROVIDED ON AN "AS" AND & "AS AVAILABLE" BASIS. THIS SITE EXPRESSLY
DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT. THIS SITE MAKES NO WARRANTY THAT THE
SERVICE WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE WILL BE UNINTERRUPTED,
TIMELY, SECURE, OR ERROR FREE; NOR DOES THIS SITE MAKE ANY WARRANTY AS TO THE
RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE OR AS TO THE ACCURACY
OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICE OR THAT DEFECTS
IN THE SOFTWARE WILL BE CORRECTED. THIS SITE MAKES NO WARRANTY REGARDING ANY
GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE SERVICE OR ANY TRANSACTIONS
ENTERED INTO THROUGH THE SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR
WRITTEN, OBTAINED BY MEMBER FROM THIS SITE OR THROUGH THE SERVICE SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY
TO YOU.
LIMITATION OF LIABILITY
THIS 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 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.
OTHER LIMITATIONS
This Site retains the right, at our sole discretion, to determine whether or
not Member's conduct is consistent with the letter and spirit of these Terms of
Service and User Agreement. This Site reserves the right to terminate service if
a Member's conduct is found to be inconsistent with these Terms of Service and
User Agreement.
MEMBER CONDUCT
Member is solely responsible for the contents of his or her transmissions
through the Service. Member's use of the Service is subject to all applicable
local, state, national and international laws and regulations. Member 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.
Member 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. Member 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 Site may, at
its sole discretion, immediately terminate Service should Member's conduct fail
to conform with these Terms of Service and User Agreement.
INDEMNIFICATION
Member agrees to indemnify and hold this 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
Member's use of the Service, the violation of these Terms of Service by Member,
or the infringement by Member, or other user of the Service using Member's
computer, of any intellectual property or other right of any person or entity.
TERMINATION
Should Member object to any of these Terms of Service or any subsequent
modifications thereto or become dissatisfied with the Service in any way,
Member's only recourse is to immediately: (1) discontinue use of the Service;
(2) terminate Service membership; and (3) notify this Site of termination.
PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Member 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 Member
and the Advertiser. This 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 Alabama. Member and this Site agree to submit to the
exclusive jurisdiction of the courts of the state of Alabama. 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 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 Site in
writing. Member and this 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.
CLOSING STATEMENT
Now that all that "legaleze" is out of the way, I hope you enjoy your
experience on this site!
