Please read carefully. This describes the terms and conditions under which OutfitterTracker.com. offers the services provided through our web site.
By using or visiting the OutfitterTracker.com website, products, data feeds and services provided to you, you signify your agreement to these terms and conditions (the "Terms of Service"), are capable of entering into a binding agreement, and that you will accurately complete any information submitted to us.
Although we may attempt to notify you when major changes are made to these Terms of Service, you should periodically review the most up-to-date version, found at www.outfittertracker.com/legal. OutfitterTracker.com may, in its sole discretion, modify or reverse these Terms of Service and policies at any time, and you agree to be bound by such modifications or revisions. Nothing in these Terms of Service shall be deemed to confer any third-party rights or benefits
In using OutfitterTracker.com's service, you acknowledge that OutfitterTracker.com is not acting as your agent or advisor. Therefore, it is your sole responsibility to select an outfitter and to negotiate the terms for any hunt or adventure booked. OutfitterTracker.com does not screen individual outfitter's personal credit or legal standing.
We do not guarantee that we will be able to match your hunting or fishing adventure needs with an outfitter or that there are outfitters in our database that either are capable or willing to accommodate your lead. Although we take certain steps to examine the credentials of the outfitters listed in our database, we make no guarantees or representations regarding the experience and capability of such outfitters or the quality of services that he or she may perform for you if you elect to retain the services of one or more outfitters. It is entirely up to you to enter into a direct contract or otherwise reach agreement with an outfitter. We do not guarantee or warrant their performance or the outcome or quality of the services performed. Your rights under contracts you make with an outfitter are typically governed by the outfitters state and local laws. Should you have a dispute with an outfitter, you must address such dispute to the outfitter directly, and you hereby agree to release OutfitterTracker.com (and our employees and agents) and any other person, firm, or entity (including our business partners) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such outfitter(s).
OutfitterTracker.com relies on statements made by outfitters regarding their business, insurance, and license information, and their references regarding the outfitters past performance, to determine which outfitters to include in our database. OutfitterTracker.com does not guarantee that any outfitter has licensing or insurance coverage at the time you enter into an agreement with the outfitter and makes no representation as to the adequacy of any licensing or insurance coverage (including amount, breadth, or type). The existence of an insurance or licensing certificate, or recorded statement from an outfitter, does not guarantee that the insurance is in effect, as the outfitter may cancel the insurance without OutfitterTracker.com's knowledge. Unless otherwise specifically stated, OutfitterTracker.com does not endorse any service described in, offered on, or linked to OutfitterTracker.com's websites.
The links in the OutfitterTracker.com web site will let you leave OutfitterTracker.com's web site. The linked sites are not under the control of OutfitterTracker.com and OutfitterTracker.com is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. OutfitterTracker.com is not responsible for web casting or any other form of transmission received from any linked site. OutfitterTracker.com is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by OutfitterTracker.com of said site.
Upon using the OutfitterTracker.com services, you may be prompted to disclose certain information about yourself and your hunt criteria. Some or all of this information will be sent to outfitters who will need this information to respond to you or to other persons or entities in connection with our business. By providing this information to us you expressly consent to being contacted by us and by our outfitters via phone, email, mail or other reasonable means, at any of your contact numbers or addresses, even if you are listed on any federal, state, provincial or other applicable "Do Not Call" list, in order that we may provide the services set forth on our site, to service your account, to reasonably address matters pertaining to your account, or for other purposes reasonably related to your hunt request and our business, including marketing related emails from OutfitterTracker.com. For complete details on our use of your information, please see our privacy policy, found at www.outfittertracker.com/privacy. You promise that all information you provide will be accurate, current and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or OutfitterTracker.com has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to refuse any current or future use of the OutfitterTracker.com services (or any portion thereof) by you. You are responsible for any use of the OutfitterTracker.com services by persons to whom you intentionally or negligently allow access to your password or your interactive website session.
You acknowledge and agree that your use of the OutfitterTracker.com services is for your personal use. You agree that all of the content and information posted on the OutfitterTracker.com Web site, including but not limited to outfitter profiles and reference feedback information, is the sole and exclusive property of OutfitterTracker.com, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your hunt request. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to OutfitterTracker.com for any such damages, and will indemnify OutfitterTracker.com in the event of any third party claims against OutfitterTracker.com based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the OutfitterTracker.com Web site and services at any time.
If it is determined or suspected by OutfitterTracker.com in its sole discretion that you are misusing or attempting to misuse or circumvent the OutfitterTracker.com services or system, or are using or attempting to use them for any inappropriate personal or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, OutfitterTracker.com reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.
TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO NAME, PHONE NUMBER, ADDRESS OR E-MAIL ADDRESS IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES INCLUDING INVASION OF PRIVACY RIGHTS, TO OUTFITTERTRACKER.COM AND ITS OUTFITTER PARTNERS, AND TO OTHER USERS, AS WELL AS THE LOSS OF TIME, EFFORT AND EXPENSE RESPONDING TO AND PURSUING SUCH FALSE INFORMATION AND REQUEST, AND FURTHER, COULD RESULT IN REGULATORY FINES AND PENALTIES. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION, INCLUDING BUT NOT LIMITED TO SOME ONE ELSE'S NAME, E-MAIL ADDRESS, PHYSICAL ADDRESS OR PHONE NUMBER OR A RANDOM OR MADE UP NAME, ADDRESS, E-MAIL OR PHONE NUMBER YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO OUTFITTERTRACKER.COM FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF OUTFITTERTRACKER.COM AND EACH OF THE AFFECTED PARTNER OUTFITTERS AND FOR EACH OF THE ACTUAL PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU ENTER (FOR EXAMPLE THE ACTUAL OWNER OF THE E-MAIL ADDRESS OR PHONE NUMBER, ETC.), PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS FEES COSTS AND EXPENSE RELATING THERETO, IF APPLICABLE, OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE AND CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL AND FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COST AND EXPENSES RELATING THERETO, WHICH EVER IS GREATER.
OutfitterTracker.com and its partner outfitters will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account or interactive website session. OutfitterTracker.com's total cumulative liability to you and anyone who uses the service or the Third Party services through your account or interactive website session, for any and all claims under any theory of law (including negligence), will not exceed $100. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting OutfitterTracker.com's liability beyond what is permissible under applicable law. You agree not to hold OutfitterTracker.com responsible for any damages or other liabilities arising from services performed by any outfitter. Because OutfitterTracker.com is not and cannot be involved in your dealings with service providers (i.e. outfitters) or control whether or not service providers will perform services as agreed, in the event that you have a dispute with one or more service providers, you release OutfitterTracker.com (and our agents and employees) from any and all 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.
You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Brown County, Wisconsin. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of OutfitterTracker.com services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
You agree that OutfitterTracker.com and its member outfitters may use your contact information, including your email address and phone number to contact you regarding your profile information. Additionally, you agree that OutfitterTracker.com and business partners may provide you with hunting/outdoor related content and advertising via occasional email or Short Message Service (SMS) correspondence.
OutfitterTracker.com, the member outfitters, and any OutfitterTracker.com Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Wisconsin, in the same manner and to the same extent that such laws apply to agreements between Wisconsin residents performed entirely within Wisconsin. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by OutfitterTracker.com or its representatives or resellers.
By using or visiting this website you signify your agreement to these Terms and Conditions