UPDATED: February 11, 2015
Huntivore (hereafter referred to as "Huntivore", "we", "us", or "our") provides an online platform that connects hosts who have accommodations or property to rent with guests seeking to rent such accommodations or property (collectively, the “Services”). Services are accessible at http://www.Huntivore.com and any other websites through which Huntivore makes the Services available (collectively, the “Site”).
“Huntivore Content” means all Content that Huntivore makes available through the Site, including any Content licensed from a third party, but excluding Member Content.
“Collective Content” means Member Content and Huntivore Content.
“Content” means text, graphics, images, music, software, audio, video, information or other materials.
“Guest” means a Member who requests a booking of an Accommodation or Property via the Site, Services, or a Member who stays at an Accommodation or uses the Property and is not the Host.
“Host” means a Member who creates a Listing via the Site.
“Listing” means Accommodation or Property that is listed by a Host as available for rental via the Site and Services.
“Member” means a person who completes Huntivore’s account registration process, including, but not limited to Hosts and Guests, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, submits or transmits to be made available through the Site.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (GST) and other similar municipal, state and federal indirect or other withholding and personal or corporate income taxes.
Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES, OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.
Huntivore reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will post the modification on the Site. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are 18 or older. Any access to or use of the Site or Services by anyone under 18 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 18 or older.
How the Site and Services Work
The Site and Services can be used to facilitate the listing and booking of Accommodations or Property. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to book Accommodations or Property or create a Listing, you must first register to create a Huntivore Account (defined below).
As stated above, Huntivore makes available a platform or marketplace with related technology for Guests and Hosts to meet online and arrange for bookings of Accommodations and Property. Huntivore is not the owner or operator of any of the properties listed on the Site. Huntivore’s responsibilities are limited to: (i) facilitating the availability of the Site and Services and (ii) serving as the limited agent of each Host for the purpose of accepting payments from Guests on behalf of the Host.
HUNTIVORE CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY ACCOMMODATIONS OR PROPERTIES. HUNTIVORE IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS, ACCOMMODATIONS, OR PROPERTIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE GUEST’S OWN RISK.
In order to access certain features of the Site, including booking or creating a listing, you must register to create an account (“Huntivore Account”) and become a Member. You may register to join the Services directly via the Site.
You can also register to join by logging into your account with certain third party social networking sites (“SNS”) (including, but not limited to, Facebook); each such account, a “Third Party Account”, via our Site, as described below. As part of the functionality of the Site and Services, you may link your Huntivore Account with Third Party Accounts, by either: (i) providing your Third Party Account login information to Huntivore through the Site or Services; or (ii) allowing Huntivore to access your Third Party Account, as is permitted under the applicable terms and conditions that govern your use of each Third Party Account. You represent that you are entitled to disclose your Third Party Account login information to Huntivore and/or grant Huntivore access to your Third Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third Party Account and without obligating Huntivore to pay any fees or making Huntivore subject to any usage limitations imposed by such third party service providers. By granting Huntivore access to any Third Party Accounts, you understand that Huntivore will access, make available and store (if applicable) any Content that you have provided to and stored in your Third Party Account (“SNS Content”) so that it is available on and through the Site and Services via your Huntivore Account and Huntivore Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third Party Accounts you choose and subject to the privacy settings that you have set in such Third Party Accounts, personally identifiable information that you post to your Third Party Accounts will be available on and through your Huntivore Account on the Site and Services. Please note that if a Third Party Account or associated service becomes unavailable or Huntivore’s access to such Third Party Account is terminated by the third party service provider, then SNS Content will no longer be available on and through the Site and Services. You have the ability to disable the connection between your Huntivore Account and your Third Party Accounts, at any time, by accessing the “Settings” section of the Site.
PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD PARTY SERVICE PROVIDERS. Huntivore makes no effort to review any SNS Content for any purpose, including but not limited to, for accuracy, legality or non-infringement and Huntivore is not responsible for any SNS Content.
We will create your Huntivore Account and your Huntivore Account profile page for your use of the Site based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active Huntivore Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. Huntivore reserves the right to suspend or terminate your Huntivore Account and your access to the Site and Services if you create more than one (1) Huntivore Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your Huntivore Account, whether or not you have authorized such activities or actions. You will immediately notify Huntivore of any unauthorized use of your Huntivore Account.
As a Member, you may create Listings. To this end, you will be asked a variety of questions about the Accommodations or Property to be listed, including, but not limited to, the location, capacity, size, features, availability of the Accommodation or Property and pricing and related rules and financial terms. Listings will be made publicly available via the Site and Services. Other Members will be able to book your Accommodation or Property via the Site and Services based upon the information provided in your Listing. You understand and agree that once a Guest requests a booking of your Listing, the price for such booking may not be altered.
You acknowledge and agree that you are responsible for any and all Listings you post. Accordingly, you represent and warrant that any Listing you post and the booking of, (i) will not breach any agreements you have entered into with any third parties and (ii) will (a) be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Accommodation or Property included in a Listing you post, including, but not limited to, zoning laws and laws governing rentals of residential and other properties and (b) not conflict with the rights of third parties. You also acknowledge that by listing your land for hunting purposes you are not in violation of any laws governing your property.
Please note that Huntivore assumes no responsibility for a Host’s compliance with any applicable laws, rules and regulations. Huntivore reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that Huntivore, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that Huntivore does not act as an insurer or as a contracting agent for you as a Host. If a Guest requests a booking of your Accommodation or Property, any agreement you enter into with such Guest is between you and the Guest, and Huntivore is not a party thereto. Notwithstanding the foregoing, Huntivore serves as the limited authorized agent of the Host for the purpose of accepting payments from Guests on behalf of the Host and is responsible for transmitting such payments to the Host.
You acknowledge and agree that, as a Host, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Accommodation or Property at your request or invitation, excluding the Guest (and the individuals the Guest invites to the Accommodation or Property, if applicable.)
Huntivore recommends that Hosts obtain appropriate insurance for their Accommodations, Property and Business (if applicable). Please review any insurance policy that you may have for your Accommodation and Property carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Guests (and the individuals the Guest invites to the Accommodation or Property, if applicable) while at your Accommodation or Property.
Huntivore does not endorse any Members or any Accommodations or Property. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from Huntivore with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation shall not apply to any claim by a Host against Huntivore regarding the remittance of payments received from a Guest by Huntivore on behalf of a Host, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.
Bookings and Financial Terms
Bookings and Financial Terms for Hosts
If you are a Host and a booking is requested for your Accommodation or Property via the Site and Services, you will be required to either confirm or reject the booking within the given time limit of when the booking is requested (as determined by Huntivore in its sole discretion) or the booking request will be automatically cancelled. When a booking is requested via the Site and Services, we will share with you (i) the first and last name of the Guest who has requested the booking, a link to the Guest’s Huntivore Account profile page so that you can view such information before confirming or rejecting the booking. If you are unable to confirm or decide to reject a booking of an Accommodation or Property within such 24 hour period, any amounts collected by Huntivore for the requested booking will be refunded to the applicable Guest’s credit card and any pre-authorization of such credit card will be released. When you confirm a booking requested by a Guest, Huntivore will send you an email confirming such booking.
The fees displayed in each Listing are comprised of the Booking Fees (defined below) and the Guest Fees (defined below.) Where applicable, Taxes may be charged in addition to the Booking Fees and Guest Fees. The Booking Fees, the Guest Fees and applicable Taxes are collectively referred to in these Terms as the “Total Fees”. The amounts due and payable by a Guest solely relating to a Host’s Accommodation or Property are the “Booking Fees”. Please note that it is the Host and not Huntivore which determines the Booking Fees. The Booking Fee may include a cleaning fee, at the Host’s discretion.
Huntivore charges a fee to Guests based upon a percentage of applicable Booking Fees which are the “Guest Fees”. The Guest Fees are added to the Booking Fees to calculate the Total Fees (which will also include applicable Taxes) displayed in the applicable Listing. Huntivore will collect the Total Fees at the time of booking confirmation (i.e. when the Host confirms the booking within the given time of the booking request) and will initiate payment of the Booking Fees (less Huntivore’s Host Fees (defined below)) to the Host within 24 hours of when the Guest arrives at the applicable Accommodation or Property (except to the extent that a refund is due to the Guest).
Appointment of Huntivore as Payment Agent for Host
Each Host hereby appoints Huntivore as the Host’s limited agent solely for the purpose of collecting payments made by Guests on behalf of the Host. Each Host agrees that payment made by a Guest to Huntivore shall be considered the same as a payment made directly to the Host and the Host will make the Accommodation or Property available to Guest in the agreed upon manner as if the Host has received the Booking Fees. Each Host agrees that, Huntivore may, in accordance with the cancellation policy selected by the Host and reflected in the relevant Listing, (i) permit the Guest to cancel the booking and (ii) refund to the Guest that portion of the Booking Fees specified in the applicable cancellation policy. In accepting appointment as the limited authorized agent of the Host, Huntivore assumes no liability for any acts or omissions of the Host.
Please note that Huntivore does not currently charge fees for the creation of Listings. However, you acknowledge and agree that Huntivore reserves the right, in its sole discretion, to charge you for and collect fees from you for the creation of Listings. Please note that Huntivore will provide notice of any Listing fee collection via the Site and Services, prior to implementing such a Listing fee feature.
Bookings and Financial Terms for Guests
The Hosts, not Huntivore, are solely responsible for honoring any confirmed bookings and making available any Accommodations or Property reserved through the Site and Services. If you, as a Guest, choose to enter into a transaction with a Host for the booking of an Accommodation or Property, you agree and understand that you will be required to enter into an agreement with the Host, and you agree to accept any terms, conditions, rules and restrictions associated with such Accommodation or Property imposed by the Host. You acknowledge and agree that you, and not Huntivore, will be responsible for performing the obligations of any such agreements, that Huntivore is not a party to such agreements, and that, with the exception of its payment obligations hereunder, Huntivore disclaims all liability arising from or related to any such agreements. You acknowledge and agree that, notwithstanding the fact that Huntivore is not a party to the agreement between you and the Host, Huntivore acts as the Host’s payment agent for the limited purpose of accepting payments from you on behalf of the Host. Upon your payment of amounts to Huntivore which are due to the Host, your payment obligation to the Host for such amounts is extinguished, and Huntivore is responsible for remitting such amounts, less Huntivore’s Host Fees, to the Host. In the event that Huntivore does not remit any such amounts to a Host, such Host will have recourse only against Huntivore.
Listings for Accommodations or Property will specify the Total Fees. As noted above, the Host is required to either confirm or reject the booking within the given time limit of when the booking is requested (as determined by Huntivore in its sole discretion) or the requested booking will be automatically cancelled. If a requested booking is cancelled (i.e. not confirmed by the applicable Host), any amounts collected by Huntivore will be refunded to such Guest, depending on the selections the Guest makes via the Site, and any pre-authorization of such Guest’s credit card will be released, if applicable.
You agree to pay Huntivore for the Total Fees for any booking requested in connection with your Huntivore Account if such requested bookings are confirmed by the applicable Host. In order to establish a booking pending the applicable Host’s confirmation of your requested booking, you understand and agree that Huntivore, on behalf of the Host, reserves the right, in its sole discretion, to (i) obtain a pre-authorization via your credit card for the Total Fees or (ii) charge your credit card a nominal amount, not to exceed one dollar ($1), or a similar sum in the currency in which you are transacting ( e.g. one euro or one British pound) to verify your credit card. Once Huntivore receives confirmation of your booking from the applicable Host, Huntivore will collect the Total Fees in accordance with the terms and conditions of these Terms and the pricing terms set forth in the applicable Listing. Please note that Huntivore cannot control any fees that may be charged to a Guest by his or her bank related to Huntivore’s collection of the Total Fees, and Huntivore disclaims all liability in this regard.
Hosts may choose to include security deposits in their Listings (“Security Deposits”). Each Listing will describe whether a Security Deposit is required for the applicable Accommodation or Property. If a Security Deposit is included in a Listing for a confirmed booking of Accommodation or Property, Huntivore will, in its capacity as the payment agent of the Host, use its commercially reasonable efforts to obtain a pre-authorization of the Guest’s credit card in the amount the Host determines for the Security Deposit within a reasonable time prior to the Guest’s check-in at the applicable Host’s Accommodation or Property. Huntivore will also use its commercially reasonable efforts to address Hosts’ requests and claims related to Security Deposits, but Huntivore is not responsible for administering or accepting any claims by Hosts related to Security Deposits, and disclaims any and all liability in this regard.
In consideration for providing the Services, Huntivore collects service fees from Hosts and Guests (“Service Fees”). Service Fees are made up of two (2) components: (i) Guest Fees and (ii) a fee that is charged to the Host based upon a percentage of the amount of the Booking Fees (“Host Fees”). Where applicable, Taxes may also be charged in addition to the Host Fees. Host Fees are deducted from the Booking Fees before remitting the Booking Fees to the Host. Guest Fees are, as noted above, included in the Total Fees.
Balances will be remitted by Huntivore to Hosts via check, PayPal, direct deposit or other payment methods described on the Site, in the Host’s currency of choice, depending upon the selections the Host makes via the Site and Services. Please note that for any payments by Huntivore in currencies other than U.S. dollars, Huntivore may deduct foreign currency processing costs from such payments. More information on foreign currency processing cost deductions will be available via the Site.
Cancellations and Refunds
If, as a Guest, you cancel your requested booking before the requested booking is confirmed by a Host, Huntivore will cancel any pre-authorization to your credit card and/or refund any nominal amounts charged to your credit card in connection with the requested booking within a commercially reasonable time. If, as a Guest, you wish to cancel a confirmed booking made via the Site and Services, either prior to or after arriving at the Accommodation or Property, the cancellation policy of the Host contained in the applicable Listing will apply to such cancellation. Our ability to refund the Booking Fees and other amounts charged to you will depend upon the terms of the applicable cancellation policy. Details regarding refunds and cancellation policies are available via the Site.
If a Host cancels a confirmed booking made via the Site and Services, (i) Huntivore will refund the Total Fees for such booking to the applicable Guest within a commercially reasonable time of the cancellation and (ii) the Guest will receive an email or other communication from Huntivore containing alternative Listings and other related information. If the Guest requests a booking from one of the alternative Listings and the Host associated with such alternative Listing confirms the Guest’s requested booking, then the Guest agrees to pay Huntivore the Total Fees relating to the confirmed booking for the Accommodation in the alternative Listing, in accordance with these Terms. If a Host cancelled a confirmed booking and you, as a Guest, have not received an email or other communication from Huntivore, please contact Huntivore here.
Some Hosts may pledge to donate a portion of the funds they receive from confirmed bookings made via the Site and Services to a particular cause or charity. We do not control, and will not take any responsibility or liability for, whether the Host does in fact make the donation he or she pledged to make.
IRS regulation, regarding federal tax reporting requirements, stipulates that Huntivore must collect IRS Form W-9 from all property owners in the United States. You understand and agree that you are solely responsible for determining your applicable Tax reporting requirements in consultation with your tax advisors. Huntivore cannot and does not offer Tax-related advice to any Members of the Site and Services. Additionally, please note that each Host is responsible for determining local indirect Taxes and for including any applicable Taxes to be collected or obligations relating to applicable Taxes in Listings. Where applicable, or based upon request from a Host, Huntivore may issue a valid VAT invoice to such Host.
As a Guest, you are responsible for leaving the Accommodation or Property in the condition it was in when you arrived. You acknowledge and agree that, as a Guest, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who you invite to, or otherwise provide access to, the Accommodation or Property.
If you are a Guest, you understand and agree that Huntivore reserves the right, in its sole discretion, to make a claim under your homeowner’s, renter’s or other insurance policy related to any damage or loss that you may have caused or been responsible for to an Accommodation or any personal or other property located at an Accommodation or Property (including amounts paid by Huntivore). You agree to cooperate with and assist Huntivore in good faith, and to provide Huntivore with such information as may be reasonably requested by Huntivore in order to make a claim under your homeowner’s, renter’s or other insurance policy, including, but not limited to, executing documents and taking such further acts as Huntivore may reasonably request to assist Huntivore in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Content. In connection with your use of our Site and Services, you may not and you agree that you will not:
-violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
-use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Content;
-use the Site or Services for any commercial or other purposes that are not expressly permitted by these Terms;
-copy, store or otherwise access any information contained on the Site, Services or Content for purposes not expressly permitted by these Terms;
-infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
-interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
-use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
-use our Site or Services in connection with the distribution of unsolicited commercial email ("spam") or advertisements unrelated to lodging in a private residence;
-"stalk" or harass any other user of our Site or Services or collect or store any personally identifiable information about any other user other than for purposes of transacting as an Huntivore Guest or Host;
-offer, as a Host, any Accommodations or Property that you do not yourself own or have permission to rent as a residential or other property (without limiting the foregoing, you will not list Accommodations or Property as a Host if you are serving in the capacity of a rental agent or listing agent for a third party);
-offer, as a Host, any Accommodation or Property that may not be rented or subleased pursuant to the terms and conditions of an agreement with a third party, including, but not limited to, a property rental agreement;
-register for more than one Huntivore Account or register for a Huntivore Account on behalf of an individual other than yourself;
-contact a Host for any purpose other than asking a question related to a booking, such Host’s Accommodations, Property, or Listings;
-contact a Guest for any purpose other than asking a question related to a booking or such Guest’s use of the Site and Services;
-when acting as a Guest or otherwise, recruit or otherwise solicit any Host or other Member to join third party services or websites that are competitive to Huntivore, without Huntivore’s prior written approval;
-impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
-use automated scripts to collect information or otherwise interact with the Site or Services;
-use the Site and Services to find a Host or Guest and then complete a booking of an Accommodation or Property transaction independent of the Site or Services in order to circumvent the obligation to pay any Service Fees related to Huntivore’s provision of the Services;
-as a Host, submit any Listing with a false or misleading price information, or submit any Listing with a price that you do not intend to honor;
-or post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
-systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
-use, display, mirror or frame the Site, or any individual element within the Site or Services, or, Huntivore’s name, any Huntivore trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without Huntivore’s express written consent;
-access, tamper with, or use non-public areas of the Site , Huntivore’s computer systems, or the technical delivery systems of Huntivore’s providers;
-attempt to probe, scan, or test the vulnerability of any Huntivore system or network or breach any security or authentication measures;
-avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Huntivore or any of Huntivore’s providers or any other third party (including another user) to protect the Site, Services, or Collective Content;
-forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
-attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services, or Collective Content; or advocate, encourage, or assist any third party in doing any of the foregoing.
Huntivore will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Huntivore may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that Huntivore has no obligation to monitor your access to or use of the Site, Services, or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Huntivore reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that Huntivore, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights is the exclusive property of Huntivore and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.
We may, in our sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to Huntivore a worldwide, irrevocable, perpetual, non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, or by means of the Site and Services. Huntivore does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to Huntivore the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or Huntivore’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that Huntivore is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Huntivore of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
Proprietary Rights Notices
All trademarks, service marks, logos, trade names and any other proprietary designations of Huntivore used herein are trademarks or registered trademarks of Huntivore. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us at admin@Huntivore.com or through the contact section of the Site. You acknowledge and agree that all Feedback will be the sole and exclusive property of Huntivore and you hereby irrevocably assign to Huntivore and agree to irrevocably assign to Huntivore all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein. At Huntivore’s request and expense, you will execute documents and take such further acts as Huntivore may reasonably request to assist Huntivore to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
Huntivore respects copyright law and expects its users to do the same. It is Huntivore’s policy to terminate in appropriate circumstances the Huntivore Accounts of Members or other account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders. Please see the Huntivore Copyright Policy here for further information.
Termination and Huntivore Account Cancellation
We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time: (a) terminate these Terms or your access to our Site and Services, and (b) deactivate or cancel your Huntivore Account. Upon termination we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event Huntivore terminates these Terms, or your access to our Site and Services or deactivates or cancels your Huntivore Account you will remain liable for all amounts due hereunder. You may cancel your Huntivore Account at any time via the “Cancel Account” feature of the Services. Please note that if your Huntivore Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to any reviews or Feedback.
YOU ACKNOWLEDGE AND AGREE THAT HUNTIVORE DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, BUT MAY CONDUCT SUCH BACKGROUND CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, AND COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, HUNTIVORE EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. HUNTIVORE MAKES NO WARRANTY THAT THE SITE, SERVICES, AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS OR PROPERTY WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. HUNTIVORE MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ACCOMMODATIONS OR PROPERTY, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM HUNTIVORE OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY HOSTS OR GUESTS. YOU UNDERSTAND THAT HUNTIVORE DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS OR PROPERTY. HUNTIVORE MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GUESTS AND HOSTS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY HUNTIVORE. NOTWITHSTANDING HUNTIVORE’S APPOINTMENT AS THE LIMITED AGENT OF THE HOSTS FOR THE PURPOSE OF ACCEPTING PAYMENTS FROM GUESTS ON BEHALF OF THE HOSTS, HUNTIVORE EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY GUEST OR OTHER THIRD PARTY.
Limitation of Liability
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS OR PROPERTY VIA THE SITE AND SERVICES AND ANY CONTACT YOU HAVE WITH OTHER USERS OF HUNTIVORE WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER HUNTIVORE NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, OR COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR YOUR LISTING OR BOOKING OF ANY ACCOMMODATION OR PROPERTY VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT HUNTIVORE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
You agree to release, defend, indemnify, and hold Huntivore and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) booking of an Accommodation or Property, (iii) creation of a Listing or (iv) the use, condition or rental of an Accommodation or Propert by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, booking or use of a Accommodation or Property.
If you stay with or host anyone who you feel is acting or has acted inappropriately, including but not limited to, anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to Huntivore by contacting us with your police station and report number at admin@Huntivore.com; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
These Terms constitute the entire and exclusive understanding and agreement between Huntivore and you regarding the Site, Services, Collective Content, and any bookings or Listings of Accommodations or Property made via the Site and Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between Huntivore and you regarding bookings or listings of Accommodations or Property, the Site, Services and Collective Content.
You may not assign or transfer these Terms, by operation of law or otherwise, without Huntivore’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. Huntivore may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by Huntivore (i) via email (in each case to the address that you provide) or (ii) by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
Controlling Law and Jurisdiction
These Terms will be interpreted in accordance with the laws of the State of California and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Sacramento County, Sacramento, California or a United States District Court, Northern District of California located in San Francisco, California for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
You and Huntivore agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and Huntivore are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Huntivore otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.
Arbitration Rules and Governing Law. The arbitration will be administered by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except as modified by this “Dispute Resolution” section. (The AAA Rules are available at http://www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration at http://www.adr.org/aaa/ShowPDF?doc=ADRSTG_004175 and a separate form for California residents at http://adr.org/aaa/ShowPDF?doc=ADRSTG_004314.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and Huntivore otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and Huntivore submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Huntivore will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, Huntivore will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the “Modification” section above, if Huntivore changes this “Dispute Resolution” section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to admin@Huntivore.com) within 30 days of the date such change became effective, as indicated in the “Last Updated Date” above or in the date of Huntivore’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Huntivore in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of Huntivore to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Huntivore. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
If you have any questions about these Terms, please contact Huntivore at admin@Huntivore.com.