TERMS & CONDITIONS
1. Definitions
2. Scope. These Terms and Conditions shall apply to all orders submitted or to be submitted by CUSTOMER for any item or service offered to CUSTOMER on or via Shoot2Hunt (referred to in these Terms and Conditions as the “Products”), including, but not limited to, hunting courses, events, and physical gear and equipment. Shoot2Hunt offers this Web site, including all information, software, products, services or events available from this Web site or offered as part of or in conjunction with this Web site (the “Web site”), to you, the user, conditioned upon your acceptance of all of the terms, conditions, policies and notices stated here. Shoot2Hunt reserves the right to make changes to these Terms and Conditions immediately by posting the changed Terms and Conditions in this location.
3. Orders.
4. Price and payment.
5. Delivery and risk of loss.
6. Order Cancellations and Returns.
7. License, Copyright & Confidentiality.
Renting, lending, public presentation, performance or broadcasting or any other kind of distribution of the Products or information contained on the website is prohibited unless operating under a good faith attempt to positively promote Shoot2Hunt typical of today’s personal social media based systems. Other than as permitted by applicable legislation, CUSTOMER will not himself or herself, and will not allow any person to, modify the Products or any part thereof, to analyze it by means of reverse engineering, to decompile or disassemble the Products, to break or circumvent encryption or to allow or enable third parties to do so. None of the information contained on the website may be transcribed, stored in a retrieval system, translated into any language or computer language, retransmitted in any form or by any means (electronic, mechanical, photo reproduction, recordation or otherwise), resold or redistributed without the prior written consent of Shoot2Hunt. Violation of this provision may result in severe civil and criminal penalties.
Shoot2Hunt does not provide any warranties in respect of the products in particular, and to the maximum extent permitted by applicable law, Shoot2Hunt and its suppliers provide the Products “AS IS AND WITH ALL FAULTS”, and hereby specifically disclaims all other warranties and conditions, whether express, implied or statutory, including, but not limited to, any (if any) implied warranties, duties or conditions of satisfactory quality, of fitness for a particular purpose, of reliability or availability, of accuracy or completeness of responses, of results, of workmanlike effort, and of reasonable care and skill, all with regard to the Products, and the provision of or failure to provide support or other services, information, and related content through the Products or otherwise arising out of the use of the Products. Also, there is no warranty or condition of quiet enjoyment, quiet possession, or non-infringement with regard to the Products. Course outcomes depend on individual effort, skill, and external factors; no guaranteed results are provided.
9. Limitation of Liability.
a) To the maximum extent permitted by applicable law, neither Shoot2Hunt nor its suppliers and subcontractors shall be liable to CUSTOMER or to any third party for any damages either direct, indirect, incidental, consequential or otherwise (including in each case, but not limited to, damages for the inability to use or access the Products, loss of data, loss of business, loss of profits, business interruption or the like) arising out of the use of or inability to use the Products, even if Shoot2Hunt has been advised of the possibility of such damages.
b) Notwithstanding any damages that CUSTOMER or any third party might incur for any reason whatsoever (including, without limitation, all damages referenced herein and all direct or general damages in contract or anything else), the entire liability of Shoot2Hunt and any of its suppliers arising from or related to the use of the Products shall be limited to the amount actually paid by CUSTOMER for the Products purchased and delivered to CUSTOMER.
c) Shoot2Hunt shall not be liable for (i) any fraud on the part of its employees and/or agents; or (ii) any fraudulent misrepresentation on the part of its employees and/or agents.
d) Notwithstanding any of the above or anything else contained in these Terms and Conditions, nothing in these Terms and Conditions shall limit either party’s liability for death or personal injury resulting from its own negligence.
e) The above limitation of liability does not affect any legal rights under the applicable national legislation.
f) Your use of any information or materials on this website is entirely at your own risk, for which Shoot2Hunt shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements. Hunting involves inherent risks; CUSTOMER assumes all risks associated with participation in courses, events, or use of gear.
g) This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance and graphics. Reproduction is prohibited other than in accordance with the copyright notice, which forms part of these terms and conditions.
h) All trademarks reproduced in this website which are not the property of, or licensed to Shoot2Hunt are acknowledged as the property of their respective owner.
i) Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
Force majeure means circumstances that impede the fulfillment of Shoot2Hunt obligations under these Terms and Conditions which are not within Shoot2Hunt reasonable control, including late and/or delayed deliveries and incomplete deliveries by Shoot2Hunt caused by circumstances beyond Shoot2Hunt reasonable control (including but not limited to weather, instructor availability, or venue issues for events). In a force majeure situation all of Shoot2Hunt obligations shall be suspended. Should the period in which Shoot2Hunt cannot fulfill its obligations as a result of force majeure continue for longer than ninety (90) calendar days, both parties shall be entitled to dissolve the purchase agreement in writing without there being an obligation to pay any compensation whatsoever arising out of or in connection with that dissolution.
We collect the personal information that you provide us when you register to use any Shoot2Hunt owned website or sign up for news or notifications of specials or other promotions; place an order or purchase products or services, online or otherwise; contact us for any reason; or participate in a survey or promotion. We may automatically collect some information when you visit our website, such as your computer’s IP address and operating system, the site from which you linked to us, your site activity, the time and date of your visit, and your purchases. This information may be collected through the use of “cookies” and web beacons. We also receive information from third parties who help us correct our records, and prevent fraud. We may combine any of this information with the other personal information we maintain about you. Shoot2Hunt will not disclose information regarding CUSTOMER’S personal details, account or transactions to any third party other than in limited circumstances. We may disclose Personal Information to respond to legal requirements, to enforce our policies, to respond to claims that a listing or other content violates the rights of others, or to protect anyone’s rights, property, or safety. Such personal information will be disclosed in accordance with applicable laws and regulations. We may also share CUSTOMER’S personal information under the following circumstances:
Without limiting the above, in an effort to respect CUSTOMER’S privacy and our ability to keep the community free from bad actors, we will not disclose CUSTOMER’S Personal Information to law enforcement, other government officials, or other third parties without an official request, court order or substantially similar legal procedure, except when we believe in good faith that the disclosure of personal information is necessary to prevent imminent physical harm or financial loss or to report suspected illegal activity. Please note that if CUSTOMER accesses our Websites from a shared computer or a public computer, such as one in an internet café, certain information about CUSTOMER, such as the user account and its content, may be visible to other individuals who use the computer after CUSTOMER.
We give you choices related to your personal information, and a method to inform us of your decision.
If you do not want us to share customer information with third parties, you can: (a) check the opt-out box when creating an account; (b) or email us at [email protected]
If you do not want to receive promotional emails, you can: (a) check the opt-out box on our account application; (b) email us at [email protected] ; (c) click the provided “unsubscribe” link in any email to unsubscribe; or (d) access “My Account” if you are a registered user and check the opt-out box. If you have more than one email address, you will need to specifically opt-out for each email address.
Information Gathering and Use. We use cookies. Cookies are small files that are stored on your computer. They enable us to monitor online activity. We use this information to help optimize your shopping experience. For example, we may customize our home page for you, better display pages according to your browser type, and/or deliver customized product recommendations and email. Cookies are not spyware, and Shoot2Hunt does not collect multi-site data or share information with others that we gather through cookies nor do we allow others to do so. Like most web sites, our servers log your IP address, the URL from which you accessed our site, your browser type, and the date and time of your purchases and other activities. We use this information for system administration, troubleshooting, fraud investigation and communications from Shoot2Hunt (only). Finally, we use web beacons to determine when and how many times a page has been viewed. Again, we use this information for our own marketing purposes. Your browser will accept cookies and allow automatic collection of information unless you change the browser default settings. If cookies are disabled the web site will not load properly. Currently our site does not respond to “do not track” mechanisms.
Updating, Reviewing/ Correcting Online Personal Information. You may update, review or correct your online account information at any time by accessing your password-protected registration page via the “My Account” area of the Web site. You also may email us at [email protected].
Shoot2Hunt is not responsible for the content of any third-party websites or services, any links contained in third-party websites or services, or any changes or updates to third-party websites or services. Where Shoot2Hunt provides links and/or access to third-party websites and/or services it is only as a convenience to CUSTOMER, and the inclusion of any link or access does not imply an endorsement by Shoot2Hunt of the third-party site or service.
Third parties have no rights under applicable legislation in relation to the rights of third parties to rely upon or to enforce any term of these Terms and Conditions but that does not affect any right or remedy of a third party which exists or is available apart from such applicable legislation.
Any provisions in these Terms and Conditions which by their nature extend beyond the termination or expiration of any sale or license of the Products will remain in effect.
If any provision of these Terms and Conditions is deemed to be void, invalid, unenforceable or illegal, the other provisions shall continue in full force and effect. CUSTOMER and Shoot2Hunt are deemed to have agreed to new terms and conditions in substitution for such invalid provisions as such new terms are provided by Shoot2Hunt. These new terms and conditions shall be interpreted, as regards their contents and effect, as closely as possible to the original text as written but in such a way that rights can indeed be derived from them.
These Terms and Conditions and any disputes related to these Terms and Conditions or to the purchase and use of the Products or otherwise are subject to the laws of the State of Idaho. The United Nations Convention on Contracts for the International Sales of Goods is hereby excluded from application to these Terms and Conditions. All disputes arising out of these Terms and Conditions shall be settled by and in accordance with the rules and process of AAA Arbitration. Such Arbitration will be the exclusive remedy of any CUSTOMER with regard to any disputes, of any kind, arising from this Agreement or its implementation, product, delivery or other matter. Such disputes will be settled or litigated in the forum specified by Shoot2Hunt and conducted in the city containing or nearest the principal place of business or headquarters of Shoot2Hunt (such choice to be at the sole discretion of Shoot2Hunt.) CUSTOMER hereby waives all rights to have such disputes heard in a State or Federal Court of Law in a location other than that specified in the aforementioned portion of this Agreement and waives that same right as to the location of Shoot2Hunt per the above.
The English version of these terms and conditions is the prevailing version for CUSTOMER’S purchase.
Check writing is subject to approval. Personal checks must be written in the exact amount, issued on the CUSTOMER’S checking account, pre-printed with the CUSTOMER’S name, address and telephone number and presented by the CUSTOMER. Any exceptions must be pre-approved by Shoot2Hunt. The CUSTOMER is responsible for purchases made by any additional cardholders. In the event that either the CUSTOMER or additional cardholder has a check returned by the bank, the CUSTOMER will make good the face amount of the check upon demand, plus a reasonable service charge and other expenses incurred. All returned checks are subject to a service fee as determined by state law and any legal fees incurred by Shoot2Hunt to recoup payment will be added to the service fee.
Shoot2Hunt respects your right to privacy. We only share personal information with third parties in the limited situations described in the Privacy section of these Terms and Conditions.
CUSTOMERS can opt out of any Shoot2Hunt promotional communication at any time. You may still receive email from Shoot2Hunt service partners from whom you may have purchased goods or services and you must unsubscribe from receiving promotional materials directly with such partners.
The CUSTOMER agrees to pay Shoot2Hunt any sales, excise, use or ad valorem tax that is imposed on the sale price of the items purchased. The CUSTOMER agrees that in the event they fail to pay Shoot2Hunt such tax, they will hold Shoot2Hunt harmless and indemnify Shoot2Hunt from any claim, loss, assessment or expense occasioned by such non-payment.
CUSTOMER agrees and expressly states, certifies, avers, represents and warrants CUSTOMER has researched the laws of CUSTOMER’S municipal, county, state and federal jurisdictions, in conjunction with CUSTOMER’S own history, and specifically declares CUSTOMER is not in violation of any law, code or regulation with regard to the purchase or use of any Shoot2Hunt Product offered by or in connection with this Agreement (including all applicable hunting regulations, licensing, and safety requirements).
The Parties agree this Agreement, its Exhibits, and Schedules thereto, shall constitute the complete and exclusive statement of the agreement between them, and supersede all prior or contemporaneous proposals, oral or written, and all other communications between them relating to the subject matter hereof. The parties may amend the Schedules to this Agreement by mutual written amendment. Any such amendment shall not impair the terms and conditions of this Agreement, which shall remain in full force and effect.