1. GOVERNMENT END USERS
If you are acquiring the Software on behalf of any unit or agency of the United States Government, the following provisions apply. The Government agrees:
(i) if the Software is supplied to the Department of Defense (DOD), the Software is classified as "Commercial Computer Software" and the Government is acquiring only "restricted rights" in the Software and its documentation as that term is defined in Clause 252.227-7013(c)(1) of the DFARS; and
(ii) if the Software is supplied to any unit or agency of the United States Government other than DOD, the Government's rights in Software and its documentation will be as defined in Clause 52.227-19(c)(2) of the FAR or, in the case of NASA, in Clause 18052.227-86(d) of the NASA Supplement to the FAR.
2. DISCLAIMER OF WARRANTY ON SERVICES AND SOFTWARE
You expressly acknowledge and agree that use of the Services and software is at your sole risk. The Services and software and related documentation are provided "AS IS" and without warranty of any kind and, TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, HUNTING SOFTWARE EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS AND IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HUNTING SOFTWARE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR SOFTWARE WILL MEET YOUR REQUIREMENTS, OR THAT THE OPERATION OF THE WEBSITE OR SOFTWARE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR SOFTWARE WILL BE CORRECTED. HUNTING SOFTWARE DOES NOT WARRANT THAT THE SERVER THAT MAKES THE WEBSITE AVAILABLE IS FREE OF VIRUSES OR OTHER COMPONENTS THAT MAY INFECT, HARM, OR CAUSE DAMAGE TO YOUR COMPUTER EQUIPMENT OR ANY OTHER PROPERTY WHEN YOU ACCESS, BROWSE, DOWNLOAD FROM, OR OTHERWISE USE THE SERVICES OR WEBSITE. YOU SPECIFICALLY ACKNOWLEDGE THAT THE SERVICES MAY BECOME DELAYED OR RENDERED USELESS FOR A PERIOD OF TIME DUE TO THE INHERENT PROBLEMS WITH USING THE INTERNET AND ELECTRONIC COMMUNICATIONS, AND YOU SPECIFICALLY ACKNOWLEDGE THAT HUNTING SOFTWARE IS NOT RESPONSIBLE FOR ANY DAMAGE OF ANY TYPE WHATSOEVER FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER PROBLEMS ASSOCIATED THEREWITH. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE SOFTWARE IS ASSUMED BY YOU. FURTHERMORE, HUNTING SOFTWARE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE WEBSITE OR SOFTWARE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY HUNTING SOFTWARE OR HUNTING SOFTWARE AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. SHOULD THE SOFTWARE PROVE DEFECTIVE, YOU (AND NOT HUNTING SOFTWARE OR HUNTING SOFTWARE AUTHORIZED REPRESENTATIVE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION.
3. LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT ALLOWED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HUNTING SOFTWARE OR ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS PROFITS OR REVENUES, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, PERSONAL INJURY, OR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER) ARISING OUT OF THE USE, MISUSE, OR INABILITY TO USE THE SERVICES, WEBSITE, OR SOFTWARE OR RELATED DOCUMENTATION, EVEN IF HUNTING SOFTWARE OR HUNTING SOFTWARE AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. In no event shall HUNTING SOFTWARE total liability to you for all damages, losses, and causes of action (whether in contract, tort (including negligence) or otherwise) exceed the amount paid by you for the Services or software.
You agree that you will, at your expense, defend, indemnify, and hold harmless HUNTING SOFTWARE and its affiliates, officers, directors, employees, agents, and attorneys from and against any and all claims, demands, liabilities, costs, expenses (including attorney's fees), losses, damages, judgments, or settlements arising or resulting from i.) any claims, demands, actions, and other proceedings by any party, including any third party, arising out of or relating to this Agreement; ii.) your use of the Software and the Interfaces; iii.) your use of any Service Providers services or products; iv.) your collection, distribution, dissemination, sharing, use, or sale of information provided to Service Providers; v.) Your violation of any local, state, federal, or international laws or breaches of this Agreement; and vi.) Any act or omission by you or your agents, employees, or independent contractors for any services agreed to be performed by any third party or Service Provider.
(i) This Agreement shall be deemed to be a contract that is made under the laws of the State of Louisiana, U.S.A., and for all purposes shall be interpreted in its entirety in accordance with the laws of said State. Both parties shall attempt to resolve any controversy, claim, or dispute arising out of or in connection with this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail, the parties agree such claims or disputes shall be decided exclusively by arbitration which shall be conducted, upon request by either party. The arbitration will be before a single arbitrator, mutually agreed upon by the parties hereto, in accordance with the terms of the Commercial Arbitration Rules of the AAA, and, to the maximum extent applicable, the United States Arbitration Act. Each party will bear its own expense with respect to any arbitration. The parties further agree that any such arbitration shall be conducted exclusively in East Baton Rouge Parish, State of Louisiana. The parties hereto consent to venue and jurisdiction in East Baton Rouge Parish, State of Louisiana and expressly waive any right that they have to object to venue or jurisdiction in East Baton Rouge Parish, State of Louisiana.
(ii) If any provision of this Agreement shall be held to be invalid or unenforceable, such provision will be enforced to the maximum extent permissible so as to effect the intent of the parties, and the validity and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
(iii) This Agreement, including all exhibits and documents directly referenced, constitutes the entire agreement between the parties with respect to the subject matter hereof, and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
(iv) HUNTING SOFTWARE reserves the right to modify and update this Agreement without prior notification. You will be notified within thirty (30) days in writing after any modification to this Agreement is made. You will be required to accept any modification before they take effect. If you refuse to accept any modifications or updates to this Agreement, HUNTING SOFTWARE reserves the right to immediately terminate this Agreement and your access to HUNTING SOFTWARE website.
(v) HUNTING SOFTWARE has the right to modify and/or update the Services without prior notice.
(vi) The terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect. Your rights under this Agreement are not assignable or transferable.
(vii) The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Both parties shall attempt to resolve any controversy, claim, or dispute arising out of or in connection with this Agreement through consultation and negotiation in good faith and a spirit of mutual cooperation. However, if those attempts fail, the parties agree such claims or disputes shall be decided exclusively by arbitration which shall be conducted, upon request by either party. The arbitration will be before a single arbitrator, mutually agreed upon by the parties hereto, in accordance with the terms of the Commercial Arbitration Rules of the AAA, and, to the maximum extent applicable, the United States Arbitration Act. Each party will bear its own expense with respect to any arbitration. The parties further agree that any such arbitration shall be conducted exclusively in East Baton Rouge Parish, State of Louisiana. The parties hereto consent to venue and jurisdiction in East Baton Rouge Parish, State of Louisiana and expressly waive any right that they have to object to venue or jurisdiction in East Baton Rouge Parish, State of Louisiana.
6. SWEEPSTAKES AND OTHER PROMOTIONS
Hunting Software ("Sponsor")This contest is governed by these official rules ("Official Rules"). By participating in the contest, each entrant agrees to abide by these Official Rules, including all eligibility requirements, and understands that the results of the contest, as determined by Sponsor and its agents, are final in all respects. The contest is subject to all federal, state and local laws and regulations and is void where prohibited by law.
This promotion is in no way sponsored, endorsed or administered by, or associated with any of the product brands mentioned. Any questions, comments or complaints regarding the promotion will be directed to Sponsor.
The duration will be specified in the image, or text that is created and published for each Sweepstakes or Promotion that Hunting Software sponsors ("Sweepstakes or Promotion Period"). All entries (submissions) must be received on or before the time stated during that submission period. Sponsor reserves the right to extend or shorten the contest at their sole discretion.
(iv) HOW TO ENTER
The entry will be specified in the image, or text that is created and published for each Sweepstakes or Promotion that Hunting Software sponsors("Sweepstakes or Promotion Entry").
(v) WINNER SELECTION
All eligible entries received during the Submission Period will be gathered into a database at the end of the Submission Period. The method used for winner selection will be specified in the image, or text that is created and published for each Sweepstakes or Promotion that Hunting Software sponsors ("Sweepstakes or Promotion Winner Selection").
The Prize will be specified in the image, or text that is created and published for each Sweepstakes or Promotion that Hunting Software sponsors ("Sweepstakes or Promotion Prize").
Terms and conditions may apply. Incidental expenses and all other costs and expenses which are not specifically listed as part of a prize in these Official Rules and which may be associated with the award, acceptance, receipt and use of all or any portion of the awarded prize are solely the responsibility of the respective prize winner. ALL FEDERAL, STATE AND LOCAL TAXES ASSOCIATED WITH THE RECEIPT OR USE OF ANY PRIZE IS SOLELY THE RESPONSIBILITY OF THE WINNER.
Prize is non-transferable. No substitution or cash equivalent of prizes is permitted. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives are not responsible for any typographical or other errors in the offer or administration of the Sweepstakes, including, but not limited to, errors in any printing or posting or these Official Rules, the selection and announcement of any winner, or the distribution of any prize. Any attempt to damage the content or operation of this Sweepstakes is unlawful and subject to possible legal action by Sponsor. Sponsor reserves the right to terminate, suspend or amend the Sweepstakes, without notice, and for any reason, including, without limitation, if Sponsor determines that the Sweepstakes cannot be conducted as planned or should a virus, bug, tampering or unauthorized intervention, technical failure or other cause beyond Sponsor's control corrupt the administration, security, fairness, integrity or proper play of the Sweepstakes. In the event any tampering or unauthorized intervention may have occurred, Sponsor reserves the right to void suspect entries at issue. Sponsor and its respective parent, affiliate and subsidiary companies, agents, and representatives, and any telephone network or service providers, are not responsible for incorrect or inaccurate transcription of entry information, or for any human error, technical malfunction, lost or delayed data transmission, omission, interruption, deletion, line failure or malfunction of any telephone network, computer equipment or software, the inability to access any website or online service or any other error, human or otherwise.
(viii) INDEMNIFICATION AND LIMITATION OF LIABILITY
BY ENTERING THE SWEEPSTAKES, EACH ENTRANT AGREES TO INDEMNIFY, RELEASE AND HOLD HARMLESS SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES, THE FACEBOOK PLATFORM, ADMINISTRATOR, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS FROM ANY LIABILITY, DAMAGES, LOSSES OR INJURY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM THAT ENTRANT'S PARTICIPATION IN THE SWEEPSTAKES AND THE ACCEPTANCE, USE OR MISUSE OF ANY PRIZE THAT MAY BE WON. SPONSOR AND ITS PARENT, AFFILIATE AND SUBSIDIARY COMPANIES DO NOT MAKE ANY WARRANTIES, EXPRESS OR IMPLIED, AS TO THE CONDITION, FITNESS OR MERCHANTABILITY OF THE PRIZE. SPONSOR AND ITS PARENTS, SUBSIDIARIES, AFFILIATES, ADVERTISING AND PROMOTIONAL AGENCIES, AND ALL THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES AND AGENTS DISCLAIM ANY LIABILITY FOR DAMAGE TO ANY COMPUTER SYSTEM RESULTING FROM ACCESS TO OR THE DOWNLOAD OF INFORMATION OR MATERIALS CONNECTED WITH THE SWEEPSTAKES.
By participating, each entrant grants Sponsor permission to use his/her name, likeness or comments for publicity purposes without payment of additional consideration, except where prohibited by law.
You hereby agree that, in order to access HUNTING SOFTWARE'S Services and utilize the Software, you must accept this Agreement.