Terms and Conditions of Use for OutdoorsmanExchange.com

TERMS AND CONDITIONS OF USE

PLEASE READ THESE TERMS AND CONDITIONS OF SERVICE BEFORE USING THIS WEB SITE OR ANY SERVICES PROVIDED BY OutdorsmanExchange.com.

By accessing or continuing to access or use this site, or any service on or through this site, you signify YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF SERVICE. OutdorsmanExchange.com reserves the right to amend, remove, or add to these terms and conditions at any time without notice. Such modifications shall be effective immediately. Therefore, please continue to review these terms and conditions of service whenever accessing or using this site. If you do not agree with all of the terms of this Terms and Conditions of Use, you may not access or use any part of OutdorsmanExhchange.com or this service.

1. OutdoorsmanExchange.com’s SERVICES

OutdoorsmanExchange.com publishes listings on the OutdoorsmanExchange.com Web site and provides a means for Members to communicate with other Members or with others for the purpose of undertaking mutually agreeable outdoor activities (i.e., hunting, fishing, hiking, transportation, etc) or sharing of information. OutdorsmanExchange.com does NOT coordinate or arrange for the exchange or undertaking of outdoor activities.  OutdoorsmanExchange.com relies on the integrity and responsibility of the listing parties.  OutdoorsmanExchange.com does not verify the existence or content of any property, service, or activity, and does not guarantee an exchange of any kind. OutdoorsmanExchange does not certify or verify the ability, credentials, or authority of any Member or outdoor activity. OutdoorsmanExchange does not certify or verify whether any Member is or needs to be licensed, bonded, insured, or otherwise in compliance with any rules, laws or regulations. No background checks on Members are conducted. All content is provided “as is” without representation of any kind. OutdoorsmanExchange.com is not responsible for the accuracy of the OutdoorsmanExchange.com listings or the actions of members, and claims no responsibility for the accuracy, content, or availability of information accessed or linked to or through use of this service.  Members and users of all OutdoorsmanExchange.com services take sole responsibility for any and all agreements reached (or not reached) or activities undertaken (OR NOT UNDERTAKEN) through use of this site. 

2. USE OF SITE IS SOLELY FOR DIRECT EXCHANGE OF OUTDOOR ACTIVITIES OR COMMUNICATIONS BETWEEN MEMBERS

All content within this site, including information in each Listing, is exclusively available to members and visitors of OutdoorsmanExchange.com for the express purpose of arranging direct exchanges of outdoor activities between members. Members may not use any content from this site for any solicitations, or for any commercial use.

Data mining of information from this site, and collecting or storing personal information about members, is prohibited. Any violation of this paragraph shall subject the violator to severe penalties including a minimum of $150 per member solicited.

3. MEMBER CONDUCT

As a user or Member of this site, you agree:

• To accurately describe your outdoor activities and exchange opportunity in all correspondence.

• To abide by any and all federal, state and local laws, rules or regulations, including but not limited to the same as it may apply to any outdoor activity.

• To treat other Members and their property with courtesy and respect, and to treat your exchange partner's property as you would treat your own (but in no less than a reasonable care).

• To notify your exchange partner of any damage and offer to replace, repair or pay for same.

• To honor all obligations you make relative to the exchange or outdoor activity.

• To understand that the other Member may be offering opportunities and experiences not available in an ordinary case, and to be open to the obstacles that may be presented when dealing with personal , cultural and language differences.

• To not provide false or misleading information to OutdoorsmanExchange.com or its members.

• To not use this site to violate any applicable law.

• To not upload or transmit any files that contain viruses, corrupted files, Trojan horses, malicious code, or any other similar software or programs that may harm the operation of another's computer or gain otherwise unauthorized access to the computer.

• To not post or send any content or engage in any conduct that subjects OutdoorsmanExchange.com to any threat of civil or criminal penalties.

• To conduct your own investigation regarding any and all claims made by prospective exchangers or members, guides, renters or vacation property owners or agents.

• To assume all liability for use of any information found in OutdoorsmanExchange.com or its affiliate web sites.

• That the operators of OutdoorsmanExchange.com assume no responsibility and in no way warrant the accuracy of the information contained in any of the pages published here.

• That you have the authority to post your Listing and offer it for exchange or rent.

• That you are of legal age to be a Member and undertake the services provided hereunder.

• That you are responsible for investigating and adhering to all local regulations including, but not limited to, permits, licenses, occupancy taxes, zoning, fines, and safety compliance.

4. DISCLAIMER AND LIMITATION OF LIABILITY
Use of the OutdoorsmanExchange.com web site and any information obtained from that site is at your sole risk. OutdoorsmanExchange.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 OutdoorsmanExchange.com shall have no responsibility or liability for any direct or indirect injury or damages arising in connection with your use of the OutdoorsmanExchange.com web site, including without limitation any physical injury suffered on any listed property or at the hands or by the negligence of any OutdoorsmanExchange.com member or other person, and any damages to yourself or your property. OutdoorsmanExchange.com shall not be liable for any lost profits, losses, punitive, incidental or consequential damages or any claim against OutdoorsmanExchange.com by any other party. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL OutdoorsmanExchange.com, ITS SUPPLIERS AND ITS THIRD-PARTY AGENTS BE LIABLE TO YOU FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES EVEN IF OutdoorsmanExchange.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 OutdoorsmanExchange.com be liable for any amount in excess of the membership fees paid by the member.

5. INDEMNIFICATION

You agree to indemnify and hold harmless OutdoorsmanExchange.com, its officers, directors, shareholders, and agents, from any injury or damage suffered directly or indirectly as a result of your use of the OutdoorsmanExchange.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 OutdoorsmanExchange.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.

OutdoorsmanExchange.com cannot and will not act as a mediator or arbitrator in any dispute arising from the use of the OutdoorsmanExchange.com web site. Any disputes arising from the use of the OutdoorsmanExchange.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. OutdoorsmanExchange.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 OutdoorsmanExchange.com web site.

OutdoorsmanExchange.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). OutdoorsmanExchange.com is not responsible for the refund of any fees related to specific exchangers or rentals or outdoor activity for any reason.

6. RIGHT TO TERMINATE MEMBERSHIP

OutdoorsmanExchange.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 OutdoorsmanExchange.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 OutdoorsmanExchange.com feels is detrimental to OutdoorsmanExchange.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, OutdoorsmanExchange.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. OutdoorsmanExchange.com may also terminate any listing or membership at any time for any other reason, or for no reason at all, at OutdoorsmanExchange.com’s sole discretion, in which case the member will be entitled only to a pro rata refund of any fee paid.

OutdoorsmanExchange.com listings run on an annual basis. No refunds or partial refunds will be offered.

7. RIGHT OF MEMBER TO TERMINATE

Members may terminate their OutdoorsmanExchange.com listings or accounts at any time by contacting Customer Service. Refunds will not be given when members terminate their listings or accounts.

8. RIGHT TO ASSIGN

OutdoorsmanExchange.com may assign its rights to this Agreement without the members' consent. If OutdoorsmanExchange.com assigns its rights, is sold to another entity, or enters into an agreement with another company to share listings, OutdoorsmanExchange.com or its successor will give notice to the member who may opt out by terminating his or her membership.

9. LEGAL ACTION AND ENFORCEMENT OF THIS AGREEMENT

If a dispute arises between any member or user of the site and OutdoorsmanExchange.com, any legal action will be brought exclusively in the courts of Eau Claire County, Wisconsin, United States of America, which shall have exclusive jurisdiction and shall apply the laws of Wisconsin without regard to any other choice of law considerations. If legal action is required to enforce any provision of this Agreement, the prevailing party shall be entitled to its reasonable attorney fees.

10. TRANSFER OF LISTING

Your listing is not transferable without the consent of OutdoorsmanExchange.com.

11. SPAMMING

OutdoorsmanExchange.com does not participate in or tolerate the sending of Unsolicited Commercial Email (SPAM)

OutdoorsmanExchange.com reserves the right to cancel (without refund) any member that mentions OutdoorsmanExchange.com or any of its associated websites, URLs, or any associated OutdoorsmanExchange.com email address in any SPAM e-mail message.

OutdoorsmanExchange.com reserves the right to cancel (without refund) any member that uses OutdoorsmanExchange.com to send any solicitations other than personal exchange requests or replies.

11. MONITORING OF INQUIRIES

Inquiries or other communications may be monitored and filtered by OutdoorsmanExchange.com prior to or simultaneous with delivery to OutdoorsmanExchange.com members. Inquiries may be read by OutdoorsmanExchange.com staff members. Despite OutdoorsmanExchange.com efforts it is possible that some SPAM inquiries will be delivered, and also that some non-SPAM inquiries may not be delivered. OutdoorsmanExchange.com shall not be held responsible for undelivered inquiries or for missed income as a result of undelivered inquiries.

12. LISTINGS; SUBMITTED MATERIAL

OutdoorsmanExchange.com reserves the right to reject or edit any Listing submitted at its sole discretion. Once material has been submitted, edited and posted on the OutdoorsmanExchange.com web site, it becomes the property of OutdoorsmanExchange.com and its affiliated sites and may not be copied from the OutdoorsmanExchange.com web site without written permission.

13. INTELLECTUAL PROPERTY

This OutdoorsmanExchange.com web site and all content contained therein, is protected by copyrights, trademarks, service marks, international treaties and/or other proprietary rights and laws of the U.S. and other countries. The OutdoorsmanExchange.com site is also protected as a collective work or compilation under U.S. copyright and other laws and treaties. All individual elements making up the site are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the site. Copying any content from this site that was created by another to any other site, or reselling, distributing, or publishing that content in any way is prohibited. Any violation of this paragraph shall subject the violator to severe penalties including a minimum of $150 per listing copied.

Any photos or description submitted become the property of OutdoorsmanExchange.com and may be used for promotional or other purposes by OutdoorsmanExchange.com or otherwise.

14. ACCEPTABLE CONTENT

All members are expected to follow the Acceptable Content Policy which states the following:

• There are specific locations for the inclusion of web addresses (also referred to as "links" or URLs) and e-mail addresses in the OutdoorsmanExchange.com listings. All Web Addresses or Links must be approved and must reside only the authorized URL section of the advertisement or listing. Email Addresses and other contact information must reside only in the authorized locations within the listing. All other references to specific web addresses, web sites, email addresses or phone numbers may be removed without notice.

• Listings may not contain vulgarity, or comments related to violence, hate, or references of a sexual nature. All such references are not considered acceptable content and may be removed without notice. In the case of disputed content, OutdoorsmanExchange.com will be the final judge as to the appropriateness of the content.

15. Disclosure to Law Enforcement

Member agrees that OutdoorsmanExchange.com may disclose any and all Member information including assigned IP numbers, account history, account use, member data etc. to any law enforcement agent who makes a written request without further consent or notification to the Member. In addition OutdoorsmanExchange.com shall have the right to terminate all service set forth in this Terms and Conditions of Use.

16. Transmittal of Materials

Member agrees not to transmit unsolicited or prohibited advertising or other harassing or illegal materials through electronic mail, Usenet postings, or other Internet media. The use of OutdoorsmanExchange.com or any other service with reference to services obtained through OutdoorsmanExchange.com, for unsolicited mass mailings, postings, or other activities considered an annoyance to others, commonly referred to as "spamming" is strictly prohibited and may cause your services to be terminated immediately and without warning and you will be held fully responsible for any damages to self, OutdoorsmanExchange.com, or any other party or parties resulting from any such conduct.

17. ENTIRE AGREEMENT

These terms and conditions of service constitute the entire agreement between you and OutdoorsmanExchange.com, and supercede any and all prior agreements, whether oral or written, except as expressly provided. This Agreement may not be modified, supplemented, or changed, and no provision herein may be deemed waived, in whole or in part, except by a written instrument. If any provision of these Terms and Conditions of Use is found invalid or unenforceable, that provision will be enforced to the maximum extent permissible, and the other provisions shall remain in force.

18. No Waiver of Rights

Any failure by OutdoorsmanExchange.com to enforce the Terms and Conditions in every instance in which it might apply does not amount to a waiver of any of OutdoorsmanExchange.com’s rights.

19. ACCEPTANCE/REJECTION

By using or continuing to use the services of OutdoorsmanExchange.com, you agree to the terms and conditions herein.