These Terms of Use (“TOU”) are a legal agreement between you and Scout To Hunt, LLC., a Utah corporation (“Scout To Hunt”) that governs your access to and use of www.scoutothunt.com (the “Site”), Mobile Apps (as defined below), Standalone Maps (as defined below) and related Scout To Hunt, LLC products and services (“Products”), including all media, printed or electronic documentation, Updates (as defined below) and support services associated with the Site, Mobile Apps, Standalone Maps and Products (all collectively, the “Service”). Your access to and use of the Service is conditioned on your acceptance of the TOU and any additional terms that may be provided or presented to you when you use certain features of the Service or any Scout To Hunt, LLC Products, all of which are incorporated into the TOU by this reference.
PLEASE REVIEW THE TOU CAREFULLY. BY CLICKING “I AGREE”, MAKING A PURCHASE THROUGH THE SERVICE, REGISTERING FOR AN ACCOUNT OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE TO BE BOUND BY THE TOU, INCLUDING ANY UPDATES OR REVISIONS POSTED HERE OR OTHERWISE COMMUNICATED TO YOU. IF YOU DO NOT AGREE TO BE BOUND BY THE TOU, DO NOT ACCESS OR USE THE SERVICE, MAKE A PURCHASE THROUGH THE SERVICE, OR CLICK TO INDICATE THAT YOU AGREE TO THE TOU.
THE TOU REQUIRES BINDING ARBITRATION TO RESOLVE ANY DISPUTE OR CLAIM ARISING OUT OF OR RELATING IN ANY WAY TO THE TOU OR YOUR ACCESS TO OR USE OF THE SERVICE, INCLUDING, BUT NOT LIMITED TO, THE VALIDITY, APPLICABILITY OR INTERPRETATION OF THE TOU (EACH, A “CLAIM”), AND YOU AGREE THAT ANY SUCH CLAIM SHALL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. PLEASE REVIEW SECTION 20 CAREFULLY TO UNDERSTAND YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE RESOLUTION OF ANY CLAIM.
You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
In addition to the TOU, the Scout To Hunt privacy policy governs your access to and use of the Service. You acknowledge and agree that by accessing or using the Service, Scout To Hunt you may receive certain information about you, including personal information, and Scout To Hunt may collect, use and disclose such information in accordance with our Privacy Policy.
(a) Scout To Hunt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access and view pages from the Service for your personal, non-commercial use only; and (ii) print a reasonable number of such pages for your personal, non-commercial use only.
(b) To the extent that the Service provides access to any online software, applications or other similar components, then Scout To Hunt, LLC grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components only in executable, machine-readable, object code form within the online platform provided by Scout To Hunt and only for your personal, non-commercial purposes.
(c) Scout To Hunt makes available mobile apps for access to and use of certain components of the Service (collectively, “Mobile Apps”). Subject to your compliance in all material respects with the terms and conditions of the TOU and, if you access or use the Mobile App on Apple iOS, the usage rules set forth in the iTunes App Store Terms of Service, Scout To Hunt grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to install and use the Mobile Apps on a personal mobile device that you own and control, in executable, machine-readable, object code form only and solely for your personal, non-commercial purposes. You acknowledge and agree that the Mobile Apps are licensed, not sold, to you for use only under the terms and conditions of the TOU.
(d) All rights granted to you under this TOU are subject to your compliance with the TOU in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Scout To Hunt.
In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Scout To Hunt reasonably suspects that you have done so, Scout To Hunt may suspend or terminate your account.
You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Scout To Hunt immediately of any unauthorized use of your account or password or any other similar breach of security.
(a) You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service. Some features of the Service are free to use, but fees may apply for memberships, premium features and other components. If there is a fee listed for any portion of the Service, by accessing or using that portion, you agree to pay the fee.
(b) If you make an in-app purchase in a Mobile App, the applicable fee may be denominated in your local currency in the iTunes App Store (http://itunes.apple.com), Google Play Store (https://play.google.com/store/apps) or any other applicable app store through which you obtain the Mobile App (each, an “App Store”). The App Store collects the applicable fee from you on your device. You should consult the App Store to understand its sales terms and determine whether the fee includes all applicable taxes, currency exchange settlements and other charges. You are solely responsible for paying all such taxes, fees and other charges. Scout To Hunt relies on a third-party payment provider to collect fees and to report on the status of accounts. Your access to the Service may be suspended or terminated if you do not make payment on time or in full.
(c) If you sign up for a membership, your membership will automatically renew at the conclusion of the then-current term unless you notify Scout To Hunt by using the cancellation option in your profile. Uninstalling a Mobile App will not automatically cancel your membership or account, and you may continue to access the Service and your account after uninstalling a Mobile App, such as through the Site. You must cancel your membership by using the cancelation feature in your profile to end recurring charges. If you uninstall a Mobile App without canceling your membership the recurring charges for your membership will continue. Scout To Hunt reserves the right to change membership fees at any time and Scout To Hunt may begin charging for products, content or services that it currently offers for free. Scout to Hunt will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased.
(d) TO CANCEL YOUR MOBILE APP SUBSCRIPTION, PLEASE TAKE THE FOLLOWING STEPS: For the Google Play Store, visit Account, then > Subscriptions. For the Apple App Store, visit Settings, then > iTunes & App Store, then > tap “Apple ID: (your Apple ID) at top of screen, then > View Apple ID, then > Subscriptions. For more information on managing your Apple App Store subscriptions, please visit: https://support.apple.com/en-us/HT202039 (as may be updated by Apple from time to time). Canceling a membership or turning off auto-renewal will not entitle you to a refund of any fees already paid, and previously charged fees will not be pro-rated based on cancellation date. Cancellation is effective at the conclusion of the then-current term. We are unable to process any returns or exchanges for purchases via the App Stores, you must abide by the specific return policies of the App Store.
(a) 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 Service, 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 Scout To Hunt are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service (“Your Content”), and other users of the Service, and not Scout To Hunt, are similarly responsible for all Content they upload, post, email, transmit or otherwise make available through the Service (“User Content”).
(b) You acknowledge and agree that Scout To Hunt has no obligation to pre-screen Content (including, but not limited to, Your Content and User Content), although Scout To Hunt reserves the right in its sole discretion to pre-screen, refuse or remove any Content. Without limiting the generality of the foregoing sentence, Scout To Hunt shall have the right to remove any Content that violates the TOU or that it deems objectionable.
(c) To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the TOU with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party.
(a) You grant Scout To Hunt and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content (in any form and any medium, whether now known or later developed) in connection with the Service. You acknowledge and agree that the technical processing and transmission of data associated with the Service, including Your Content, may require: (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
(b) Except with respect to Your Content, you acknowledge and agree that Scout To Hunt and its licensors own all rights, title and interest (including, but not limited to, all intellectual property rights) in the Service and all Content and other materials within the Service. The Service is protected by U.S. and international copyright and other intellectual property laws and treaties. The Scout To Hunt logos and trademarks referenced in the Service are the trademarks of Scout To Hunt and its affiliates. Any other company names, product names, service names and logos referenced in the Service may be the trademarks of their respective owners. Scout To Hunt reserves all rights not expressly granted to you.
(c) Except with respect to Your Content, you may not: (i) use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make, have made, assign, pledge, transfer or otherwise grant rights to the Service, except as expressly permitted under the TOU; (ii) except as expressly permitted by applicable law, reverse engineer, disassemble, decompile or translate, or otherwise attempt to derive the source code, architectural framework or data records of, any software within or associated with the Service; (iii) frame or utilize any framing technique to enclose any Content; (iv) access the Service for the purpose of developing, marketing, selling or distributing any product or service that competes with or includes features substantially similar to the Service or any products or services offered by Scout To Hunt; (v) rent, lease, lend, sell or sublicense the Service or otherwise provide access to the Service as part of a service bureau or similar fee-for-service purpose; or (vi) remove or obscure any proprietary notice that appears within the Service.
(d) In relation to harvest pictures or success pictures submitted to Scout To Hunt, LLC by the general public: All entrants agree that SCOUT TO HUNT may, without permission or additional compensation, publish, display and otherwise use their name, likeness and submitted materials, if any, for promotional purposes and in the Unit Panel section of the mobile and web applications.
Entrants hereby declare that they agree to the collection of all data by SCOUT TO HUNT required for the implementation and administration of this display of pictures and its storage, data will be handled in confidence and not transmitted to a third party. All submission members have the right to request information about the use of any personal data concerning them. SCOUT TO HUNT undertakes to supply them at any time upon request with full information on the stored data free of charge, if they are the subject of such information. Submission participants are simply required to send an e-mail to [email protected]. All Submission participants are also free to revoke their consent to the use and storage of their personal data by SCOUT TO HUNT, simply by sending an informal e-mail to [email protected]. The data can also be rectified in the same way. In case of revocation, the data shall be immediately deleted. The revocation and subsequent deletion will be confirmed by e-mail upon request.
The Submissions are not associated with Facebook or Instagram in any way whatsoever and is in no way Sponsored, supported or organized by Facebook or Instagram. Neither Facebook nor Instagram is responsible for any content published within the context of this action. It is not Facebook or Instagram, but SCOUT TO HUNT, who receives the information supplied by Submission participants. The data supplied will be used in the copyright data of the pictures in the submission’s pictures. SCOUT TO HUNT holds Facebook and Instagram harmless from any recourse by third parties in connection with this Contest. Any questions, comments or complaints against the action are not to be addressed to Facebook or Instagram, but to SCOUT TO HUNT by writing to [email protected].
By submitting a harvest picture(s) or success photo(s), you grant SCOUT TO HUNT the non-exclusive right to publish, use, distribute, reproduce and publicly display your photograph, and to create derivative works from your photograph, in perpetuity, in any of its online, print or other media publications, materials or exhibitions, for promotional purposes, including but not limited to for editorial, advertising, and publicity, without payment or compensation unless prohibited by law.
You grant SCOUT TO HUNT permission to provide your name, and your city and state of residence, unit harvest was taken, Instagram page, season taken, any other info provided when publishing, reproducing or otherwise using you. While SCOUT TO HUNT will make every effort to credit photographers when using photos, there may be circumstances where it is not possible to do so. Subject to the rights granted to SCOUT TO HUNT, you retain all other copyrights and rights to future use of the photographs you submit.
If your photograph(s) include a recognizable person or people, you must secure permission from each person (or in the case of a minor, the minor's parent or guardian) to use his/her image in the photo contest, and present it to SCOUT TO HUNT, if requested. SCOUT TO HUNT reserves the right to disqualify an entry if it finds, in its sole discretion, that an entrant has not secured a necessary release.
In connection with your access to or use of the Service, you shall not:
(a) upload, post, email, transmit or otherwise make available any Content that: (i) is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable; (ii) may not be made available under any law or under contractual or fiduciary relationships (such as confidential or proprietary information learned as part of an employment relationship or under a non-disclosure agreement); (iii) infringes any patent, trademark, trade secret, copyright or other proprietary right of any party; (iv) consists of unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, commercial electronic messages or any other form of solicitation; (v) contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any software or hardware; or (vi) consists of information that you know or have reason to know is false or inaccurate.
(b) impersonate any person or entity, including, but not limited to, Scout To Hunt personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
(d) act in a manner that negatively affects the ability of other users to access or use the Service;
(e) take any action that imposes an unreasonable or disproportionately heavy load on the Service or its infrastructure;
(f) interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
(g) use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service;
(h) sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service, including, but not limited to, your user account and password; or
(i) violate any applicable local, state, provincial, federal or international law or regulation.
(j) Any tampering or violating of any of our property (Trail cameras) will be prosecuted to the full extent of the law.
If you elect to provide or make available to use Scout To Hunt in any suggestions, comments, ideas, improvements or other feedback relating to the Service (“Suggestions”), Scout To Hunt 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.
Your dealings with advertisers and other third parties who market, sell, buy or offer to sell or buy any goods or services on the Service, including payment for or delivery of such goods or services and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and the advertiser or other third-party. You agree that Scout To Hunt shall not be liable for any damage or loss of any kind incurred as a result of any such dealings.
The Service or users of the Service may provide links to other websites or resources. You acknowledge and agree that Scout To Hunt does not endorse and is not responsible for any content, advertising, products, services or other materials on or available through such sites or resources (“External Materials”). These sites are subject to different terms of use and privacy policies, which you are responsible for reviewing. You further acknowledge and agree that Scout To Hunt shall not be liable for any damage or loss resulting from or arising out of use of or reliance on any External Materials.
(a) Scout To Hunt reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice, and Scout To Hunt shall not be liable to you or to any third party for any such modification, suspension or discontinuance; provided, however, that in the event of discontinuance, you will be entitled to receive a pro-rated refund for the unused portion of any active subscription.
(b) Scout To Hunt may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service (“Updates”). Scout To Hunt may develop Updates that require installation by you before you continue to access or use the Service. Updates may also be automatically installed without providing any additional notice to you or receiving any additional consent from you. The manner in which Updates may be automatically downloaded and installed is determined by settings on your device and its operating system.
Scout To Hunt reserves the right to change the TOU at any time upon notice to you. Scout To Hunt may give notice by making the updated TOU available in the Service or by any other reasonable means. You can access and review the most current version of the TOU at any time at: www.scouttohunt.com. The updated TOU are binding on you as of the next date that you use the Service after the date of updated TOU. If you do not agree to the updated TOU, you must stop using the Service. Your continued use of the Service after the effective date posted at the top of the TOU will constitute your acceptance of the updated TOU.
You will indemnify and hold Scout To Hunt and its affiliates, and each of their officers, directors, employees, agents, partners and licensors (collectively, “Scout To Hunt Parties”) harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the TOU or any law or regulation; or (c) violation of any rights of another party.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND ONXMAPS PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED OR ARISING FROM STATUTE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING, BUT, NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, QUALITY OR FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
(b) SCOUT TO HUNT PARTIES MAKE NO WARRANTY AND PROVIDE NO CONDITIONS THAT: (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) ACCESS TO THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR (iii) THE INFORMATION AND ANY RESULTS THAT MAY BE OBTAINED FROM ACCESS TO OR USE OF THE SERVICE WILL BE ACCURATE, RELIABLE, CURRENT OR COMPLETE.
(c) ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. YOU ARE SOLELY RESPONSIBLE FOR CONFIRMING THE ACCURACY OF ALL INFORMATION BEFORE TAKING OR OMITTING ANY ACTION. ALWAYS OBEY PROPERTY LINE POSTINGS AND USE COMMON SENSE IN VISUALLY VERIFYING UNIT BOUNDRIES.
(a) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT SCOUT TO HUNT PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES ARISING FROM ANY TYPE OR MANNER OF COMMERCIAL, BUSINESS OR FINANCIAL LOSS, EVEN IF ONXMAPS PARTIES HAD ACTUAL OR CONSTRUCTIVE KNOWLEDGE OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL SCOUT TO HUNT PARTIES’ TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THE TOU OR YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE EXCEED THE GREATER OF FIFTY DOLLARS ($100) OR THE AMOUNT PAID BY YOU TO SCOUT TO HUNT FOR ACCESS TO THE SERVICE (OR PORTION THEREOF) AT ISSUE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
(b) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT YOUR USE OF THE SERVICE MAY INVOLVE KNOWN AND UNANTICIPATED RISKS THAT COULD RESULT IN PROPERTY DAMAGE, BODILY INJURY OR DEATH, INCLUDING, BUT NOT LIMITED TO, RISKS THAT MAY ARISE FROM THE ACTS OF OTHERS AND OTHER RISKS BEYOND THE CONTROL OF SCOUT TO HUNT. YOU ASSUME ALL SUCH RISKS AND ALL RELATED DAMAGES AND LOSSES, WHETHER CAUSED IN WHOLE OR IN PARTY BY ANY ACT OR OMISSION OF SCOUT TO HUNT PARTIES. YOU VOLUNTARILY RELEASE, WAIVE, DISCHARGE AND HOLD HARMLESS ONXMAPS PARTIES FROM ANY AND ALL CLAIMS, DEMANDS OR CAUSES OF ACTION FOR PROPERTY DAMAGE, BODILY INJURY, WRONGFUL DEATH, LOSS OF SERVICES OR OTHER CLAIMS ARISING FROM OR RELATING TO YOUR ACCESS TO OR USE OF (OR INABILITY TO ACCESS OR USE) THE SERVICE. The limitation of liability set out in this section 16 does not apply to liability resulting from SCOUT TO HUNT PARTIES’ gross negligence or willful misconduct.
The exclusion of damages under Section 15 is independent of your exclusive remedy in Section 16 and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable. Each of the limitations of liability in Sections 15 and 16 apply without regard to whether loss, liability, or damage arise from (a) breach of contract, (b) breach of warranty, (c) fault or tort, including negligence and misrepresentation, (d) strict liability or (e) any other cause of action, to the extent the exclusions and limitations are not prohibited by applicable law.
In the event that you violate the TOU: (a) all rights granted to you under the TOU shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) Scout To Hunt, in its sole discretion, may remove and discard Your Content. Upon termination of the TOU, all rights granted to you under the TOU shall immediately terminate, but all other provisions shall survive termination.
The TOU shall be governed by and construed and enforced in accordance with the United States Federal Arbitration Act, other applicable federal laws and the laws of the State of Utah, without regard to conflict of laws principles. The United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to the TOU.
(a) ALL CLAIMS SHALL BE RESOLVED BY BINDING ARBITRATION RATHER THAN IN COURT, EXCEPT THAT YOU MAY ASSERT CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS QUALIFY. THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED.
(b) The arbitration will be conducted by the American Arbitration Association (AAA) under its then-applicable rules, including (as appropriate) its Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at http://www.adr.org/. Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules, except that Scout To Hunt will pay all arbitration administrative or filing fees, including the arbitrator fees (other than arbitrator fees up to the amount of the then-applicable fee for filing a civil action in federal court in the judicial district where you live in any dispute where you assert a claim against Scout To Hunt, unless you demonstrate to the arbitrator that you would be entitled to file that civil action in federal court without payment of the then-applicable fee). The arbitration shall be conducted in the English language by a single independent and neutral arbitrator. For any hearing conducted in person as part of the arbitration, you agree that the hearing will be conducted in the largest city in your state within 100 miles of where you live. The decision of the arbitrator shall be final and binding. Judgment on the arbitral award may be entered in any court of competent jurisdiction.
(c) WE EACH AGREE THAT ALL CLAIMS WILL BE RESOLVED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION OR ARBITRATION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION, WE EACH WAIVE ANY RIGHT TO A JURY TRIAL AND AGREE THAT SUCH CLAIM SHALL BE BROUGHT ONLY IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF UTAH OR, IF FEDERAL JURISDICTION IS NOT AVAILABLE, IN A COURT OF COMPETENT JURISDICTION IN SALT LAKE CITY, UTAH. YOU HEREBY SUBMIT TO THE PERSONAL JURISDICTION AND VENUE OF SUCH COURTS AND WAIVE ANY OBJECTION ON THE GROUNDS OF VENUE, FORUM NON-CONVENIENS OR ANY SIMILAR GROUNDS WITH RESPECT TO ANY SUCH CLAIM.
(d) Notwithstanding anything to the contrary, you and Scout To Hunt may seek injunctive relief and any other equitable remedies from any court of competent jurisdiction to protect our intellectual property rights, whether in aid of, pending or independently of the resolution of any dispute pursuant to the arbitration procedures set forth above.
You represent and warrant that you are not: (a) located in a country that is subject to a U.S. Government embargo, listed in the Area Control List under Canada’s Export and Import Permits Act, or designated by the U.S. Government as a “terrorist supporting” country; and (b) listed on any U.S. Government list of prohibited or restricted parties, including, but not limited to, the Specially Designated Nationals List.
This section applies to access to or use of the Service by a branch or agency of the United States Government. The Service includes “commercial computer software” and “commercial computer software documentation” as such terms are used in 48 C.F.R. 12.212 and qualifies as “commercial items” as defined in 48 C.F.R. 2.101. Such items are provided to the United States Government: (a) for acquisition by or on behalf of civilian agencies, consistent with the policy set forth in 48 C.F.R. 12.212; or (b) for acquisition by or on behalf of units of the Department of Defense, consistent with the policies set forth in 48 C.F.R. 227.7202-1 and 227.7202-3. The United States Government shall acquire only those rights set forth in the TOU with respect to the such items, and any access to or use of the Service by the United States Government constitutes: (i) agreement by the United States Government that that such items are “commercial computer software” and “commercial computer software documentation” as defined in this section; and (ii) acceptance of the rights and obligations herein.
You agree that, except as otherwise expressly provided in the TOU, there shall be no third-party beneficiaries to the TOU.
If you believe that your work has been made available through the Service in a way that constitutes copyright infringement, please provide Scout To Hunt for Notice of Copyright Claims the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) a description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) a description of the material that you claim is infringing and where that material may be accessed within the Service; (d) your address, telephone number and email address; (e) a statement by you that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent or the law; and (f) a statement from you that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Scout To Hunt may give you all notices (including legal process) that Scout To Hunt is required to give by any lawful method, including by making notice available through the Service or by sending it to any email or mailing address that you provide to Scout To Hunt. You acknowledge that if you do not provide Scout To Hunt with current and accurate contact information, Scout To Hunt may not be able to contact you.
The TOU constitutes the entire agreement between you and Scout To Hunt concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Scout To Hunt with respect to such subject matter. You may not assign or delegate any right or obligation under the TOU without the prior written consent of Scout To Hunt. The failure of Scout To Hunt to exercise or enforce any right or provision of the TOU shall not constitute a waiver of such right or provision. If any provision of this TOU is held to be invalid or unenforceable under applicable law, then such provision shall be construed, limited, modified or, if necessary, severed to the extent necessary to eliminate its invalidity or unenforceability, without in any way affecting the remaining parts of the TOU. Any prevention of or delay in performance by Scout To Hunt hereunder due to labor disputes, acts of god, governmental restrictions, enemy or hostile governmental action, fire or other casualty or other causes beyond its reasonable control shall excuse the performance of its obligations for a period equal to the duration of any such prevention or delay. If you are using the Mobile App on Apple iOS, the parties acknowledge that the TOU is concluded between you and Scout To Hunt only.
Users take sole responsibility for obeying all local laws and regulations pertaining to allowable road and trail travel, and abiding by all local hunting regulations. We strive to provide information with the utmost accuracy, however, we highly recommend verifying information with the state(s) proclamation. Any and all data provided to the user in the Scout To Hunt Mobile and Web Apps, such as UnPaved™ and Unit Rundowns, are for reference only and are to be used in conjunction with locally confirmed information.
User Generated Content
Success Photos located in the Unit Rundown are crowd-sourced information which is provided to Scout To Hunt for the Mobile and Web Apps. Some of this information may be unverifiable by Scout To Hunt, and as such, is intrinsically fluid, subject to fluctuation, and may be inaccurate, incomplete or outdated. We do not provide any warranties or representations of any sort regarding such information’s credibility or reliability.
Map Data
This Service provides land boundary and geographic information to serve as a reference to hunters and is provided for informational purposes only. This information is received from users and third parties. Scout To Hunt is not responsible for the accuracy or completeness of such information and is not responsible for in any way or in regards to any dispute over land boundary lines or ownership information. The user is solely responsible for using data in conjunction with locally confirmed information. Scout To Hunt is waived of any liability due to inaccurate information.
Scout To Hunt is not responsible for any damages that may arise from the Service’s mapping application. Mapped property boundaries may or may not reflect actual legal holdings. Please observe and respect all marked boundaries and signs on property as you are solely responsible for determining which areas are private property.
If you have questions, concerns or suggestions regarding the Service, your account or the TOU, please contact us at: [email protected]