1. USE OF HUNTING SOFTWARE SERVICES AND ITS WEBSITE
Your use of HUNTING SOFTWARE Services and its website is governed by and subject to each and every term of this Agreement. The terms "you" and "your" as used in this Agreement pertain to each Account Holder. The terms of this Agreement will cover any situation where you use and access the Services.
2. PAYMENT, REFUNDS, UPGRADING AND DOWNGRADING
A valid credit card is required to sign up for a paid account. The Free Account does not require a credit card number. The Hunting Software Site is billed on a monthly basis in accordance with the user's service date and plan. All monthly payments are nonrefundable. There will be no refunds or credits for partial months of service, refunds for months unused with a discounted account, or upgrade/downgrade refunds.
If you sign up for a paid account and you don't cancel that account, you will still be billed as stated in the previous paragraph. If you cancel prior to the processing of your monthly invoice, you will not be charged.
Should you upgrade your account, you will be billed for your first month immediately upon upgrading.
Hunting Software reserves the right to change its pricing structure as necessary. Hunting Software shall not be liable to you or any third party for any price change.
It is the responsibility of the user to properly cancel his/her account. Cancellation shall be made from the "Account" pages, and may be done at any time by clicking on the account cancellation link. You may also downgrade to a free account and maintain access to your account, however, you will only be allowed the ability to access and store information as it pertains to the limitations of Hunting Software's Free Account. Any cancellation of your Account or a downgrade to a Free Account will result in the forfeiture and relinquishment of content in you r account that is not included in your payment plan, after a period of 30 days. The first property and 150 game logs entered on the user's account will be saved as would be included in a Free Account. The information deleted after 30 days cannot be recovered from Hunting Software once your account is cancelled.
4. ACCOUNT REGISTRATION
To access or use the Services, you will be required to obtain a User ID (which will be your e-mail address) and a password (which will be changed upon initial login). After you register for HUNTING SOFTWARE'S Services, you will have access to HUNTING SOFTWARE system after validating your email address and updating your account information.
HUNTING SOFTWARE, in its sole discretion, reserves the right to refuse access to the Services or any part of the Services or to delete your User ID or password. You agree that HUNTING SOFTWARE shall not be liable to you for loss or damages that may result from its refusal to grant access to the Services or a part of the Services. Furthermore, HUNTING SOFTWARE reserves the right, at its sole discretion, to deny you access to HUNTING SOFTWARE'S Services and website for violating any term or provision of this Agreement.
5. DATA STORAGE AND OWNERSHIP
You acknowledge that HUNTING SOFTWARE may establish from time to time general practices and limits concerning use of the Services. You agree that HUNTING SOFTWARE is not liable for any interruption of the Services for any reason, including but not limited to an interruption because of repairs to the Site. HUNTING SOFTWARE is also not liable for any damages whatsoever caused by your inability to gain access to your Data. As a condition of use for these Services, you agree that, in the event of an error with the Services, a Service technician will be permitted to access the Data as necessary to resolve the problem. You acknowledge that HUNTING SOFTWARE reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
HUNTING SOFTWARE does not own any Data. You, not HUNTING SOFTWARE, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, and appropriateness of all Data and HUNTING SOFTWARE shall not be responsible or liable for the deletion, correction, destruction, damage, loss, or storage failure of any Data.
6. PROHIBITED CONDUCT
You agree that you will not use the Services to: (a) upload or otherwise transmit any Data, domain name, or any other information or data that is unlawful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable; (b) harm minors in any way; (c) impersonate any person or entity, including, but not limited to, any HUNTING SOFTWARE representative, or misrepresent HUNTING SOFTWARE affiliation with any person or entity; (d) forge headers or otherwise manipulate identifiers in order to disguise the origin of any Data transmitted through the Services; (e) upload or otherwise transmit any Data that you do not have a right to transmit under any law or under contractual relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships, or under non-disclosure agreements); (f) upload or otherwise transmit any Data or domain name that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any person; (g) upload or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation, except in those areas of the Services that may be designated for such purpose; (h) upload or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (i) interfere with or disrupt the Services or servers or networks connected to the Services; (j) violate any applicable law or regulation, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission and any rules of any securities exchange, and laws regarding the export of technical data; (k) incite or provide instructional information about illegal activities; or (l) conduct raffles, contests, lotteries, or sweepstakes.
HUNTING SOFTWARE takes commercially reasonable measures to secure and protect information transmitted to and from HUNTING SOFTWARE website. However, HUNTING SOFTWARE cannot and does not guarantee that any such communications or any electronic commerce conducted on or through the website is or will be totally secure. You are responsible for maintaining the confidentiality of any login User ID and any password, and you are fully responsible for all access and any activity that occurs through use of your User ID or password. You agree to immediately notify HUNTING SOFTWARE of any unauthorized use of your User ID or password or any other breach of Site security of which you become aware. You also agree to take such further steps as may be reasonably requested by HUNTING SOFTWARE to prevent unauthorized use of your User ID and password. HUNTING SOFTWARE cannot and will not be liable for any loss or damage arising from any unauthorized access or use of your User ID or password.
8. GRANT OF LICENSE
Based on the foregoing conditions, HUNTING SOFTWARE hereby licenses to you on a non-exclusive and non-transferable basis the right to use HUNTING SOFTWARE'S Services, website, and software. HUNTING SOFTWARE retains all rights, title, and interest to the website, and Software, as well as all rights in the related documentation, if any. HUNTING SOFTWARE retains all intellectual property rights in and to each and every aspect of its software and Services, including, but not limited to, rights under federal copyright laws, federal patent laws, or any applicable state laws. You may not delete or in any manner alter any copyright, trademark, and other proprietary rights notices or markings appearing on any information that you receive from HUNTING SOFTWARE or which appears on HUNTING SOFTWARE website. You are not authorized to utilize any logo or trademark that appears on the HUNTING SOFTWARE website, and/or Software.
HUNTING SOFTWARE'S Software contains copyrighted material, trade secrets, and other proprietary material. In order to protect them, and except as permitted by applicable legislation, you may not:
(i) Decompile, reverse engineer, disassemble, modify, translate, otherwise reduce the Software to a human-perceivable form, or make any attempt to discover the source code.
(ii) Modify, network, rent, lend, loan, distribute, or create derivative works based upon the Software in whole or in part.
(iii) Electronically transmit any part of the Software from one computer to another or over a network.
(iv) Sub-license, rent, or lease any portion of the Software to another user.
This Agreement and the Account Holder access to HUNTING SOFTWARE'S Services and website will terminate immediately without notice from HUNTING SOFTWARE if the Account Holder fails to comply with any provision of this Agreement. Furthermore, HUNTING SOFTWARE reserves the right to terminate any Account Holder's access to HUNTING SOFTWARE'S Services for any reason, without notice.
11. RIGHT TO MONITOR
For security purposes, HUNTING SOFTWARE reserves the right to monitor all server log files pertaining to user session information.
You agree that the Software contains proprietary information, including, but not limited to, trade secrets, know-how, and other confidential information that is HUNTING SOFTWARE exclusive property. During the effective period of this Agreement and all times afterwards, you agree that you will not disclose any trade secrets, know-how, confidential information to third parties without HUNTING SOFTWARE prior written authorization. You further agree to take the necessary precautions to safeguard and maintain the confidentiality of HUNTING SOFTWARE trade secrets, know-how, and confidential information. You agree that any breach of this Section will irreparably harm HUNTING SOFTWARE and that HUNTING SOFTWARE is entitled to seek injunctive relief in addition to any other remedies that HUNTING SOFTWARE may have at law or in equity.
You hereby agree that, in order to access HUNTING SOFTWARE'S Services and utilize the Software, you must accept this Agreement.