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TexasHuntingLease.com Member Agreement
TERMS AND CONDITIONS
PLEASE READ THIS AGREEMENT CAREFULLY.
BY ACCEPTING THIS AGREEMENT, YOU ACCEPT THESE TERMS AND CONDITIONS.
This agreement was revised on September 27, 2003.
TEXAS HUNTING LEASE PROVIDES THIS SITE AND RELATED SERVICES SUBJECT TO
YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW.
Acceptance of Terms
By completing the sign-up process and clicking on the button indicating that
You have read the Member Agreement, You agree to these terms. Texas Hunting
Lease.com may amend these terms from time to time. We will notify You of any
material updates to these terms via email or our web site. If You do not agree
to the changes, You may simply discontinue Your membership. Your continued
use of our service will signify your acceptance of the updated terms.
Texas Hunting Lease.com Is Only a Venue
Texas Hunting Lease.com acts as an online classified ad placement service
for Members to locate people to buy from, sell to, and negotiate the exchange
of services. We do not own or handle any of the services listed on the site.
As a result, We cannot verify or endorse the quality, safety, or legality
of the services or desires listed, or the truth or accuracy of the classified
ads. Ads in this site are referred to as listings.
Information
Your information includes any information. You provide to us or other members
during the registration, or posting process, in any public message area or
through any email feature, including all text descriptions and/or photographs,
digital images, or renderings of Your items and services. With respect to
Your information:
Responsibility. You are solely responsible for your information,
and We act as a passive conduit for Your online distribution and publication.
We may, however, take any action with respect to such information We deem
necessary or appropriate at 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 advertiser, suppliers, or customer patronage.
Content. You agree that Your Information and the items
and services Texas Hunting Lease.com:
will not be fraudulent or involve the sale of counterfeit or stolen
items;
will not infringe any third party's copyright, patent, trademark, trade
secret, or other proprietary rights or rights of publicity or privacy;
will not violate any law, statute, ordinance, or regulation (including
without limitation those governing export control, consumer protection,
unfair competition, anti-discrimination, or false advertising);
will not be defamatory, trade libelous, unlawfully threatening, or
unlawfully harassing;
will not be obscene or contain child pornography;
will not contain any viruses, Trojan horses, or other computer programming
routines that are intended to damage, detrimentally interfere with, surreptitiously
intercept, or expropriate any system, data, or personal information;
will not link directly or indirectly to or include descriptions of goods
or services that (i) are prohibited under this Agreement or (ii) You do
not have a right to link to or include; are in accordance with Texas Hunting
Lease.com's Ad Placement Guidelines.
Fees. Unless otherwise stated, all monetary values are
quoted in U.S. Dollars. You are responsible for paying all applicable taxes
and duties and for all hardware, software, service, and other costs You incur
to trade, procure a classified ad from us, or access our servers. We reserve
the right to change or discontinue, temporarily or permanently, some or all
of our services at any time without notice.
License. You agree to grant us a nonexclusive, worldwide,
perpetual, irrevocable, royalty-free, sublicenseable (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,
for the purpose of offering our services.
Privacy. Texas Hunting Lease.com will only use Your Information
in accordance with our Privacy Policy.
The Texas Hunting Lease.com Ad Placement System.You agree
that you will not use any device, software, or routine to interfere or attempt
to interfere with the proper working of the TexasHunting Lease.com site
or any transaction being conducted on our site. You may not take any action
which imposes an unreasonable or disproportionately large load on our infrastructure.
You may not disclose or share your Password to any third parties or use
your Password for any unauthorized purpose.
"TexasHuntingLease," the "Texas Hunting Lease.com" logo and Texashuntinglease.com
are trademarks and service marks of Texas Hunting Lease. All other trademarks,
service marks and logos used in this Site, are the trademarks, service marks
or logos of their respective owners. In particular, Java and HotJava are trademarks
of Sun Microsystems, Inc.
WARRANTY INFORMATION
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY
SITE RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH
THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY
OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER,
ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY TEXAS
HUNTING LEASE. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED
SERVICES WILL NOT BE FREE OF INTERRUPTIONS. YOU ASSUME TOTAL RESPONSIBILITY
AND RISK FOR YOUR USE OF THIS SITE AND SITE RELATED SERVICES.
NEITHER TEXAS HUNTING LEASE NOR ITS SPONSORS ARE RESPONSIBLE OR LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE
OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER
THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE RELATED SERVICES
AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY
FOR DISSATISFACTION WITH THE SITE, SITE RELATED SERVICES AND/OR CONTENT OR
INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE
SERVICES.
A possibility exists that the Site could include inaccuracies or errors.
Additionally, a possibility exists that unauthorized additions, deletions
and alterations could be made by third parties to the Site. Although TexasHuntingLease
attempts to ensure the integrity and the accurateness of the Site, it makes
no guarantees whatsoever as to the correctness or accuracy of the Site. In
the event that such an inaccuracy arises, please inform TexasHuntingLease
so that it can be corrected.
ACKNOWLEDGMENT
This Site may contain links to other Web sites operated by third parties
("Linked Sites"). You acknowledge that, when you click on a link to visit
a Linked Site, a frame may appear that contains the TexasHuntingLease logo,
advertisements and/or other content selected by TexasHuntingLease. You acknowledge
that TexasHuntingLease and its sponsors neither endorse nor are affiliated
with the Linked Site and are not responsible for any content that appears
on the Linked Site. You also acknowledge that the owner of the Linked Site
neither endorses nor is affiliated with TexasHuntingLease and its sponsors.
VOID WHERE PROHIBITED.
Although the Site is accessible worldwide, not all products or services discussed
or referenced in the Site are available to all persons or in all geographic
locations or jurisdictions. TexasHuntingLease reserves the right to limit
the provision of any product or service to any person, geographic area or
jurisdiction it so desires. You agree to indemnify, defend and hold harmless
TexasHuntingLease and its sponsors against any and all claims, damages, costs
or other expenses that arise directly or indirectly out of or from (a) your
breach of this Agreement, (b) your violation of the Code of Conduct and/or
(c) your activities in connection with the Site or Site related services.
CODE OF CONDUCT
While using the Site or Site related services, you agree not to:
Restrict or inhibit any other user from using and enjoying the Site and
services;
Post or transmit any unlawful, fraudulent, threatening, abusive, libelous,
defamatory, obscene or otherwise objectionable or harmful information of
any kind;
Post or transmit any information or software that contains a virus, worm,
trojan horse or other harmful or disruptive component; or
Post or transmit materials in violation of another party's copyright
or intellectual property rights.
TexasHuntingLease has no obligation to monitor the Site or Site related services.
However, you acknowledge and agree that TexasHuntingLease has the right to
monitor the Site and Site related services and to disclose any information
necessary to operate the Site properly, to protect itself and its sponsors
and customers and to comply with legal obligations or governmental requests.
TexasHuntingLease reserves the right to refuse to post or to remove any information
or materials, in whole or in part, that are unacceptable, offensive or in
violation of this Agreement. TexasHuntingLease also reserves the right to
prohibit any user who, in TexasHuntingLease's sole discretion, violates the
Code of Conduct or other terms of this Agreement from using the Site and related
services. Such prohibition may occur without notice to the user.
You agree to indemnify, defend and hold harmless TexasHuntingLease and its
sponsors against any and all claims, damages, costs or other expenses that
arise directly or indirectly out of or from (a) your breach of this Agreement,
(b) your violation of the Code of Conduct and/or (c) your activities in connection
with the Site or Site related services.
RESTRICTED RIGHTS LEGEND
Use, duplication or disclosure by the Government is subject to the restriction
as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and
Computer Software Clause as DFARS 252.227-7013 and FAR 52.227-19, as applicable.
Supplier is TexasHuntingLease, 612 Cynthia, Longview, Texas 75605.
MAKING PURCHASES
If you wish to license or make purchases services described on the Site,
you may be asked by the applicable merchant or service provider to supply
certain information, including but not limited to credit card or other payment
information. You agree that all information that you provide to any such merchant
or service provider will be accurate, complete and current. You agree to pay
all charges incurred by users of your account and credit card or other payment
mechanism at the prices in effect when such charges are incurred. You will
also be responsible for paying any applicable taxes relating to your purchases.
Moreover, you agree to review and to comply with the terms and conditions
of any specific agreement that you enter into with the merchant and/or service
provider in connection with the licensing or purchase of any product or service.
SUBMISSIONS
You acknowledge and agree that, by submitting any resource, link, applet,
information, content or other materials ("Content") to TexasHuntingLease,
you grant to TexasHuntingLease a nonexclusive, worldwide license to link to,
reproduce, distribute, adapt, perform, display and sublicense the submitted
Content. Further, by submitting Content to TexasHuntingLease, you acknowledge
that you have the authority to grant such rights to TexasHuntingLease. PLEASE
NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT.
If the submitted Content includes or consists of a Java(TM) applet or other
software resource, the license granted to TexasHuntingLease shall apply to
both object code and source code formats of the applet or resource, and TexasHuntingLease
shall have the right under its license to analyze, report on, summarize, and
display the source code on it web sites, however TexasHuntingLease will not
display the complete source code of your resource unless you grant TexasHuntingLease
express permission to do so in the Resource Submission or Resource Update
forms. If submit a resource to TexasHuntingLease and/or you grant TexasHuntingLease
permission to display your source code and decide that you no longer want
to grant TexasHuntingLease permission to display your source code, TexasHuntingLease
will remove the resource and/or the source code from our site(s), provided,
however, that you write to: "TexasHuntingLease, 612 Cynthia, Longview, Texas,
75605, Attn: TexasHuntingLease.com Webmaster", by certified mail, to request
that the resource and/or the source code to any applet or software resource
submitted by you be removed from an TexasHuntingLease web site. Upon receipt
of such certified mail notification, TexasHuntingLease will use its best efforts
to remove such resource and/or source code from its web site(s).
MISCELLANEOUS
This Agreement is entered into in the State of Texas, United States of America
and shall be governed by and construed in accordance with the laws of the
State of Texas, exclusive of its choice of law rules. Each party to this Agreement
hereby submits to the exclusive jurisdiction of the state and federal courts
sitting in the County of Gregg in the City of Longview in the State of Texas,
and waives any jurisdictional, venue or inconvenient forum objections to such
courts. In any action to enforce this Agreement, the prevailing party will
be entitled to costs and attorneys' fees. In the event that any of the provisions
of this Agreement shall be held by a court or other tribunal of competent
jurisdiction to be unenforceable, such provisions shall be limited or eliminated
to the minimum extent necessary so that this Agreement shall otherwise remain
in full force and effect and enforceable.
This Agreement constitutes the entire agreement between the parties hereto
pertaining to the subject matter hereof, and any and all written or oral agreements
heretofore existing between the parties hereto are expressly canceled. This
Agreement may be supplemented or modified by any license or other agreement
used in connection with any software or other product that you download, license
or purchase through this Site ("Other Agreements"). Except with respect to
such Other Agreements, any modifications of this Agreement must be in writing
and signed by both parties hereto, except that TexasHuntingLease may modify
the terms of this Agreement by sending notice to you via e-mail (at the most
current e-mail address for you in TexasHuntingLeases's records) fourteen (14)
days in advance of the date on which such modification takes effect or by
posting notice of such modification on a page of the Site entitled "Terms & Conditions" at least fourteen (14) days before the modification
takes effect.
