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DISCLAIMER AND LIMITATION OF LIABILITY
Use of the HuntingSwaps.com web site and any information obtained from that site is at your sole risk. HuntingSwaps.com makes no warranty of any kind, express or implied, as to the listings on the site or any other information contained on the site, including, but not limited to, accuracy and non-infringement. You agree that HuntingSwaps.com shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the HuntingSwaps.com web site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any HuntingSwaps.com member or other person, and any damages to yourself or your property. HuntingSwaps.com shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against HuntingSwaps.com by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL HuntingSwaps.com, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF HuntingSwaps.com HAS BEEN ADVISED SPECIFICALLY OF THE POSSIBILITY OF SUCH DAMAGES, ARISING FROM USE OF OR INABILITY TO USE THE SERVICE OR ANY LINKS OR ITEMS ON THE SERVICE OR ANY PROVISION OF THE TERMS OF SERVICE OR IN ANY WAY RELATED TO AN EXCHANGE OF OUTDOOR ACTIVITY. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall HuntingSwaps.com be liable for any amount in excess of the membership fees paid by the member.
INDEMNIFICATION
You agree to indemnify and hold harmless HuntingSwaps.com, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of the HuntingSwaps.com, or its listing service or other affiliate sites, including but not limited to (i) any claims for injury or damage to person or property, or any claims for injury or damage (to persons or property) as a result of undertaking any activity relating to HuntingSwaps.com, including relating to any outdoor activity; (ii) any claims for injury or damage to person or property arising from a property transaction to which you are a party; (iii) a violation of the Terms and Conditions of Use by you or anyone using your computer (or account, where applicable); (iv) a claim that any use of the service by you or someone using your computer (or account, where applicable) infringes any property right of any third party; (v) any misrepresentation by you; or (vii) any breach of any agreement to be performed by you. You agree to pay any and all costs, damages and expenses, including, but not limited to, reasonable attorneys' fees and costs awarded against or otherwise incurred by or in connection with or arising from any such claim, suit, action or proceeding attributable to any such claim.
HuntingSwaps.com cannot and will not act as a mediator or arbitrator in any dispute arising from the use of the HuntingSwaps.com web site. Any disputes arising from the use of the HuntingSwaps.com or affiliate web sites must be settled between the parties who directly participated in the exchange, rentals, hospitality, guides, outfittings, house sitting or other use of the property or services in question. HuntingSwaps.com shall not be held responsible for any events that occur as a result of any outdoor exchange, rental or activity that is or was listed on the HuntingSwaps.com web site.
HuntingSwaps.com recommends that all parties ask for and receive a written notice of any applicable Refund/Cancellation policy from the member or partner party, and for added protection, it is recommended that Trip Cancellation Insurance be purchased (at your own expense). HuntingSwaps.com is not responsible for the refund of any fees related to specific exchangers or rentals or outdoor activity for any reason.
RIGHT TO TERMINATE MEMBERSHIP
HuntingSwaps.com reserves the right to cancel any Membership for any or no reason, including but not limited to misuse of the site, any action which the management of HuntingSwaps.com feels compromises the security of the site, any action that adversely affects other Members or their property, or any action which the management of HuntingSwaps.com feels is detrimental to HuntingSwaps.com, or otherwise.
If any information provided by a member is found to be grossly misrepresented, or should the member's listing(s) or actions be in violation of any law or any provision of this agreement, HuntingSwaps.com reserves the right to remove, at its discretion, the members' listing(s) at any time, and/or to terminate the member's access to the Web site, without refund. HuntingSwaps.com may also terminate any listing or membership at any time for any other reason, or for no reason at all, at HuntingSwaps.comÕs sole discretion, in which case the member will be entitled only to a pro rata refund of any fee paid.
HuntingSwaps.com listings run on an annual basis. No refunds or partial refunds will be offered. |
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