The following describes the terms of which the Hunting Lease Network® offers you access to our services:
Welcome to the National Hunting Lease Network, LLC (NHLN) User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at www.nationalhuntingleases.com, including the Hunting and Fishing Lease Network®. If you have any questions, please direct them to firstname.lastname@example.org
We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically become effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a written agreement signed by you and NHLN. This agreement was last revised on May 31, 2013.
Our services are available only to individuals 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. Further, our services are not available to temporarily or indefinitely suspended Hunting Lease Network® registrants.
2. Fees and Services.
There is no fee to list a property for lease on the Hunting Lease Network®. There is no fee to use or submit a bid to the Hunting Lease Network®. NHLN may at its discretion change some or all of the services, and/or the fees charged therefore, at any time. In the event we introduce a new service, the fees for that service are effective at the commencement of the service. Unless otherwise stated, all fees and bids are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.
3. The Hunting Lease Network® is Only a Venue.
3.1 Overview. Our site acts as the venue for landowners and hunters/anglers to reach agreement on a recreational lease of properties. We have no control over the quality or characteristics of the properties advertised, the truth or accuracy of the information provided, the ability of landowners to lease the properties, the ability of the lessor to lease the property, or the hunting and fishing abilities of lessors who use the lease. We cannot ensure that a landowner or bidder will actually complete a transaction.
3.2 Safe Trading. Because user authentication on the Internet is difficult, NHLN cannot and does not confirm each user's purported identity. You may wish to consider using another entity of your choice to provide additional user verification.
3.3 Release. In the event that you have a dispute with one or more users, you agree to release NHLN (and our officers, directors, agents, subsidiaries, franchises, and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons, or people acting under false pretense. By accepting this agreement users agree that they will not attempt to contact the owners or managers of any property in the HLN system, directly or indirectly. Any fraudulent activity or violations of this rule will result in termination of registration, a ban on future leasing to the user, and legal action.
4. Bidding, Leasing and Personal Liability Insurance.
4.1 Bidding. By bidding on a property you are contractually obligated to follow through with full payment within 14 days of the bid close date. Once your bid is submitted to the Hunting Lease Network® you are expected to complete the transaction unless the transaction is prohibited by law or by this Agreement. By bidding on a property you agree to be bound by the terms included in the property's description, so long as those conditions are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the landowner materially changes or misrepresents the property's description, a clear typographical error is made, or the landowner's identity cannot be authenticated. If you choose to bid on a property, you are certifying that you have the legal right and ability participate in the transaction as described. If you have defaulted payment on a previous bid HLN reserves the right to not accept any bid placed for any property. You will also be deleted from the system as a registered member.
4.2 Personal Liability Insurance. All lessees are required to carry a minimum of $2,000,000 hunting liability insurance or such other amount as landowner(s) deems necessary and with respect to Lessee's use of the premises for hunting/fishing purposes. This insurance may be available through the Hunting Lease Network®. Proof of such insurance is required and must be provided to NHLN before lessee is given permission to access the leased property. Landowners and lessor must be added as additional insured on the policy.
4.3 Earnest Deposit and Forfeiture. Once your bid receives final approval from the landowner and Hunting Lease Network®, you will be contacted via email or telephone. Following that discussion a lease is drawn up and mailed to you for your signature. Full payment of the entire lease and required insurance (if applicable) is required when you mail the signed lease back to us. If the full payment and/or signed lease are not received in our office within 10 days of mailing from our office, the earnest deposit is forfeited and the lease immediately goes back on the market.
4.4 Lease Cancellations and Forfeiture of Funds. A lessee who fails to obtain the required insurance, or who defaults in performing any term or condition of the lease shall be subject to all legal and equitable remedies available to NHLN and the landowner under the lease or applicable law including, where applicable, termination of the lease, with or without a refund of rents paid, denial of access to the premises, collection of damages to person or property, and attorneys fees and costs incurred by the landlord or NHLN.
4.5 Improvements. Any improvements made to enhance the hunting and/or fishing lease will be negotiated and agreed upon by Hunting Lease Network® representatives, the landowner, and lessee. All improvements, with the exception of personal property, remain with the land.
5.1 Property Descriptions. NHLN may not actually visit all lands posted for lease on our site. Property descriptions may only include those property descriptions supplied to us.
5.2 Bids. If landowners receive a bid at or above the minimum acceptable bid as in the management agreement, they are expected to complete the transaction, unless there is an exceptional circumstance, such as: (a) the tenant fails to meet the conditions of your description, or (b) NHLN cannot authenticate the lessees identity.
5.3 Fraud. Without limiting any other remedies, NHLN may suspend or terminate your registration if you are found (by conviction, settlement, insurance, investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.
5.4 Manipulation. Neither landowners nor bidders may manipulate the bid on a property, nor may you interfere with any other user's property descriptions or bids.
6. Your Information.
"Your Information" is defined as any information you provide us, or other users in the registration process, in any public message area, or through any email feature. You are solely responsible for your information, and we act as a passive conduit for the online distribution and publication of your information. With respect to your information:
6.1 Your Information: (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene; (g) 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; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not include descriptions that: (1) are prohibited under this Agreement; or (2) you do not have a right to register. Furthermore, you may not register any property on our site (or consummate any transaction that was initiated using our service) that, by paying to us our fee, could cause us to violate any applicable law, statute, ordinance or regulation.
6.2 Solely to enable NHLN to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information.
7. Access and Interference.
9. No Warranty.
10. Liability Limit.
OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.
You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.
12. Legal Compliance.
13. No Agency.
THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
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