Hunt Private LLC Terms of Use

Last modified: February 9, 2024

PLEASE READ THE FOLLOWING INFORMATION AND THE TERMS OF USE RELATED TO OUR WEBSITE AND SERVICE CAREFULLY. THIS INCLUDES IMPORTANT DETAILS SUCH AS ASSUMING ALL RISKS, WAIVING THE RIGHT TO A JURY TRIAL, AND AGREEING TO MANDATORY, BINDING ARBITRATION IN THE EVENT OF A DISPUTE. BY USING THIS SERVICE, YOU ARE ACCEPTING AND AGREEING TO THESE TERMS, INCLUDING YOUR VOLUNTARY AND INFORMED WAIVER OF CERTAIN LEGAL RIGHTS. YOU HAVE THE RIGHT TO HAVE THIS AGREEMENT REVIEWED BY AN INDEPENDENT, THIRD-PARTY ATTORNEY OF YOUR OWN CHOOSING AND AT YOUR OWN EXPENSE. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS, PLEASE DO NOT PROCEED ANY FURTHER AND DO NOT USE THIS WEBSITE OR OUR SERVICE. We retain the right to modify these terms at any time and without prior notice. Therefore, we encourage you to periodically review these terms for any changes, especially before posting information on the website. By continuing to use this website after we have made changes to these terms, you are indicating your full acceptance of any changes.

I. Introduction and Parties

Hunt Private LLC, referred to as "Hunt Private," "we," "us," or "our," is a digital platform dedicated to connecting landowners with outdoor enthusiasts, primarily for the purpose of facilitating Trips (as defined below) for outdoor recreation. Our services are accessible through our website, mobile applications, and related platforms, collectively referred to as the "Platform" or the "Site." All capitalized terms have the meaning ascribed to them in this Agreement. This Terms of Use Agreement ("Agreement") is a legally binding contract between you and Hunt Private LLC. Whether you are a guest seeking to book land, a landowner listing property for outdoor activities, or merely a visitor to the website, this Agreement governs your use of the Platform. By accessing or using the Platform, you acknowledge that you have read, understood, and agreed to be bound by the terms of this Agreement, including any additional guidelines and any future modifications. Hunt Private LLC is headquartered in Texas in the United States and operates under the laws of the State of Texas. All activities facilitated through the Platform are subject to the terms outlined in this Agreement, as well as any policies and procedures that Hunt Private may publish from time to time. Your use of the Platform signifies your agreement to comply with and be bound by this Agreement. If you do not agree with these terms, you must not use the Platform. Hunt Private reserves the right to update or modify this Agreement at any time without prior notice, and any such changes will become effective immediately upon posting on this page. By accessing or using the Platform, you represent and warrant that you are of legal age and have capacity to enter into a binding contract with Hunt Private and meet all the eligibility requirements mentioned herein. If you do not meet these requirements, you must not access or use the Platform.

II. Acceptance of Terms

When you access or use the Platform, you are agreeing to be bound by these Terms of Service, our Privacy Policy, and any additional terms that may apply to specific features of the Platform. These collectively form a legally binding agreement between you and Hunt Private. If you do not agree to these Terms, do not use the Platform. Users are obligated to use the Platform only for lawful purposes and in compliance with all applicable laws. The Platform must not be used for any activities that are harmful, illegal, or infringe upon the rights of others. The primary purpose of the Platform is to facilitate connections between recreational property owners and recreational guests. This is intended to enhance access to recreational land and provide landowners with opportunities to generate revenue from their properties, referred to generally as "Hunt Private Services" or "Services" The Platform allows visitors to explore various recreational land locations, sites, rentals, and services offered by landowners, known as "Trips." Visitors can create an Account, make reservations, and become Guests at Listings through the Platform. Additionally, we may offer marketing and business process services to landowners through the Platform. It is important to note that Hunt Private LLC serves solely as a facilitator and never becomes a party to any contractual relationship, whether legally or in equity, between Users and Owners. Hunt Private LLC does not present itself as a real estate broker, property agent, property manager, insurer, outfitter, or guide in any capacity. We explicitly disclaim any such status or role. Hunt Private LLC also does not act as an express or implied agent for Owners or Users, except in the context of facilitating contact between them and processing payment transactions between Owners and Users. You acknowledge and agree to the limited role of Hunt Private LLC in these matters as described herein.

III. Platform Use and Registration

The Platform is accessible to individuals who are at least 18 years old, and you must not use the Platform if you are under this age. To access certain features of the Platform, you are required to register an account. By creating an account, you agree to the following: (a) Provide accurate, current, and complete account information. (b) Keep your account information up-to-date. (c) Maintain the security of your password. (d) Accept all risks associated with unauthorized access to your account. Users of the Platform encompass Owners, Visitors, and Guests. The Platform is open to anyone who wishes to visit it, provided they adhere to the Terms outlined in this Agreement. To utilize Hunt Private Services or make reservations for a Listing, you affirm that you: (a) Are above the age of 18. (b) Have read, comprehended, and consent to be bound by these Terms, regardless of the device or platform used to access Hunt Private Services. If you are under the age of 18 (a "Minor"), you may not access the Site or use the Platform. Users can function as Visitors of the Platform and/or Guests on Trips. If you are using Hunt Private Services on behalf of a Minor, you knowingly and voluntarily accept these Terms and assume responsibility for any breaches or violations of the Terms, whether by you or the Minor. You are obliged to fully defend, indemnify, and hold Hunt Private LLC and its affiliates, partners, officers, agents, and employees harmless from any claims, suits, or actions arising from your use of Hunt Private Services or violations of these Terms. This includes liability or expenses stemming from claims, losses, damages, suits, judgments, litigation costs, attorney's fees, and associated expenses. Owners are individuals who own or lease recreational land and create an Account on the Platform ("Landowners" or "Owners"), enabling them to make Trips to their land available to Visitors or Guests. Visitors are Users who visit the Platform but do not create an Account or book reservations for any Trips or other services ("Visitors"). Even as a Visitor, you are subject to these Terms, which govern your use of the Platform and any Hunt Private Services. Guests are Users who create an Account and book reservations at a Listing through the Platform ("Guests"). If you are a Guest, these Terms apply to your use of the Platform, and they govern the terms and conditions of your Reservation or booking any Trip. As a Guest, you may also be subject to additional guidelines, Guest Rules, waivers, rules, licenses, requirements, and policies related to your Trip reservation, whether specified by us or an Owner and which may be communicated to you orally, in writing, or otherwise. When you register and create an account to use the Platform or make a Trip reservation, thereby utilizing Hunt Private Services, you agree to the following: (a) Provide a valid email address and password ("Log-in Credentials") to create your account ("Account"). (b) Submit accurate information, including but not limited to your name, physical address, email address, location, phone number, and the number of guests, in your Account Information. (c) Keep all aspects of your Account and Log-in Credentials, including your username and password, confidential. (d) Accept responsibility for any and all uses of your Account, whether or not you have authorized such use. (e) Maintain the confidentiality of other Users' Account information that you may have authorized access to. (f) Notify us in writing immediately if you suspect any unauthorized use of your Account by sending an email to [email protected]. (g) Not use the Platform or Hunt Private Services for any unlawful or prohibited activity. The information required to create an Account may vary depending on your country or region or your User type. You must not voluntarily share or disclose your Log-in Credentials to anyone who is not authorized to access your Account on your behalf. You are responsible for all activities that occur under your Account, whether or not you are aware of them. We are not liable for any misuse of your account or its sensitive information by an unauthorized party, unless the unauthorized use directly results from our willful misconduct. To make a reservation on our Platform for a Listing, you may be required to provide us with various information, including but not limited to: legal name, address, Trip preferences, email address, credit card information, billing address, reservation dates, names of all individuals on the reservation, the number of individuals on the reservation, the vehicle(s) make/model/year/license plate number to be used on the property (if any), and the last four digits of the driver's license number or other identifying number as we may request ("Reservation Information"). In addition to the rights described elsewhere in this Agreement, we retain the right to deny or cancel your Account at any time and for any reason or no reason. We also reserve the right to deny booking requests if we find that you have violated or attempted to violate these Terms or any additional terms applicable to you.

IV. Bookings and Use of Platform

You can access and utilize Hunt Private services via our Platform using various devices such as desktop or laptop computers, tablets, smartphones, and similar devices with internet connectivity. Access to the Platform is provided on an "as-is, where-is, as-available" basis with no warranty of any kind. To facilitate our business operations, we may collect device and navigational information, including IP addresses and location data. This information is used for purposes such as improving our services, auto-filling information, offering suggested bookings, conducting data analysis, and for internal business needs. It is important to note that we do not share or sell any of the information or data collected from your interactions with the Platform or your use of Hunt Private services except to the extent as described in our Privacy Policy, if at all. When using Hunt Private services, you also agree to adhere to the terms and privacy policies of any third-party providers that we may employ. Information generated from your use of Hunt Private services may be gathered, recorded, stored, and retained by us. Our Platform may offer Rental Equipment for certain bookings. It is essential to recognize that all Rental Equipment is subject to additional terms, conditions, and waivers upon rental. Please be aware that these terms may change periodically. Hunt Private assumes no liability for any injuries, death, negligence, property damage, expenses, or costs associated with your utilization of Rental Equipment. If you decide to book a reservation for a Hunt Private location through our Platform, you must also comply with the additional terms and conditions outlined in this Agreement, as well as any supplementary terms provided to you by the Owner or posted in the Listing, if applicable. It is important to understand that availability for any specific booking is not guaranteed and is contingent upon availability. Additionally, rates and fees for bookings may change at any time.

V. User Content

In the context of these Terms and your use of the Platform and Site: (a) "Content" encompasses any text, software, scripts, graphics, photos, sounds, music, videos, logos, audiovisual combinations, interactive features, and other materials that are accessible through the Platform, whether viewed, accessed, or contributed. (b) "User Content" refers to any Content or data that you supply for availability through Hunt Private services. This includes, but is not limited to, photos, videos, testimonials, feedback, and comments. By transmitting or submitting any User Content while using Hunt Private services, you assert, represent, warrant, and guarantee that: (a) It is accurate and current. (b) It does not infringe upon any applicable laws, contractual restrictions, or the rights of any third party. Furthermore, you affirm that you have obtained permission from any third party whose personal information or intellectual property is included in the User Content. (c) It is free from viruses, adware, spyware, worms, or any other malicious code. (d) You acknowledge and consent to the processing of any of your personal information within such User Content by us in accordance with our Privacy Policy When you submit information and User Content to your Account via Hunt Private services, you retain all intellectual property rights and ownership over your User Content. No transfer of ownership occurs between you and us with regard to your User Content. However, to enable us to operate Hunt Private services effectively, you grant us a perpetual, irrevocable, worldwide, fully paid, royalty-free, non-exclusive, unlimited license by submitting your User Content to us. This license includes the right to sublicense and assign to third parties without further notice to or consent from you, and the right to copy, reproduce, fix, adapt, modify, improve, translate, reformat, create derivative works from, manufacture, introduce into circulation, commercialize, publish, distribute, license, sublicense, transfer, rent, lease, transmit, publicly display, publicly perform, provide electronic access to, broadcast, communicate to the public via telecommunication, display, perform, enter into computer memory, and use and practice your User Content in any manner now known or discovered in the future in connection with Hunt Private services (referred to as the "User Content License"). Furthermore, you consent to our use of your User Content for marketing and promotion purposes related to Hunt Private services without further consideration or compensation to you. The rights granted in the User Content License are intended for the operation, promotion, and enhancement of Hunt Private services, as well as for the development of new services and/or products. You must possess the necessary rights to grant us this User Content License for any User Content you provide to us, both directly and indirectly.

VI. Restrictions on User Content and Access

You agree to indemnify and hold harmless the Platform and our officers, owners, employees, agents, and affiliates against any claims, damages, or expenses, including actual attorneys’ fees, mediation and arbitration costs, and courts costs, arising from your use of the Platform, your violation of these Terms, or your violation of any rights of a third party. We reserve the right to cancel a User Account at any time for any reason or no reason in our sole discretion. Reasons for cancellation may include, but are not limited to: Posting or submitting any illegal, harassing, defamatory, abusive, threatening, damaging, bigoted, racially offensive, vulgar, or in any way inappropriate content (as determined in our sole discretion); Distributing sexually explicit material; Employing automated tools like bots, spiders, scripts, or other technical means to access or gather data from the Platform; Engaging in activities such as "screen scraping" or "database scraping" to acquire content from the Platform; Collecting or indexing content from the Platform, directly or indirectly, for any commercial use; Participating in behavior or using language that could lead to criminal charges, civil liabilities, incitement, or breach any city, state, national, or international laws; Broadcasting unsolicited or unauthorized promotions, spam, or any form of solicitation; Posting content that could infringe upon patents, trademarks, trade secrets, copyrights, or other proprietary rights of any party; Introducing viruses or any content designed to interfere with, restrict, or damage the functionality of any computer software, hardware, or server; Under any circumstance deemed necessary by us, in our exclusive and sole judgment.

VII. Prohibited Acts

Unless you receive our explicit prior written consent, you are prohibited from engaging in any of the following actions: Utilizing the Platform to introduce, transmit, or engage with harmful computer programming routines such as viruses or worms; Employing the Platform to create, transmit, store, or manage User Content that could be considered threatening, harassing, derogatory, discriminatory, libelous, deceitful, illegal, obscene, inappropriate, or infringing on an individual's privacy or intellectual property rights, violating any law, or breaching obligations to any second or third party; Using the Platform in a way that could result in criminal or civil penalties, or in a manner that promotes illegal or unethical activities; Accessing the Platform or our networks or systems without authorization; Disrupting or compromising the integrity or performance of the Platform or any content hosted on it; Falsely impersonating any individual or entity or falsely representing your affiliation with any person or entity in the context of using the Platform; Attempting to reverse engineer, decompile, duplicate, or derive the source code for any software making up part of the Platform; Removing or altering any copyright, trademark, or other proprietary notices from the Platform without explicit permission.

VIII. Removal of Users’ Content

We take the rights of others very seriously and are committed to compliance with intellectual property laws. If you believe that User Content hosted on our platform infringes upon your rights or is in any way improper, please reach out to us at [email protected] with a request for removal of the content. To assist us in processing your request, include: A precise description of the content you find objectionable, specifying its location on the platform; A declaration that you believe in good faith that the use of the content in question is unauthorized by the copyright owner, its agent, or the law; A claim that you are the copyright owner or the authorized agent of the copyright owner of the content in question; Your contact details, including your phone number and physical address; A signed statement, under penalty of perjury, affirming the accuracy of the information provided and that you are authorized to act on behalf of the owner of the copyright interest involved.

IX. Account Cancellation

Without limiting any of our rights under these Terms, we reserve the right to restrict, suspend, or terminate your account or your access to Hunt Private Services if you fail to comply with these Terms, for any suspected illegal or unauthorized use of the Services, or for any reason or no reason with or without notice or recourse to you. Moreover, we may take similar actions if we believe you are infringing on the intellectual property rights of Hunt Private or any third party, or if your actions are not in alignment with the spirit or the letter of our Terms or any policies governing your use of Hunt Private Services. Upon termination, your data will be removed from all devices as far as technically possible. You have the option at any time to cancel, amend, or delete your User Content by editing or directly removing it. Nevertheless, there may be instances where your edited or removed User Content might not be completely eradicated, and remnants of your User Content may persist on our systems or servers, and elsewhere within our control. Such remnants of User Content are used exclusively for operational purposes related to Hunt Private Services. We are not obligated to ensure the removal or deletion of any of your User Content. You may terminate your account at your discretion for any reason. However, account termination does not automatically cancel your reservations for Trips, and you remain responsible for all associated fees, including any processing charges.

X. Fees

To access and use the properties listed for each outdoor activity or booking, you are required to pay the designated reservation fee for securing the booking ("Reservation Fee") and a daily access fee for the property detailed in such booking ("Access Fee"). Additionally, you may opt for extra features and services ("Additional Services") provided by us and/or our third-party partners or Owners, which might necessitate extra charges (for instance, for Equipment Rentals) based on the specific services selected ("Additional Fees"), and agree to any terms and conditions related to those services. The Reservation Fee, Access Fee, and any Additional Fees are collectively referred to as the "Fees." The Reservation Fee is payable in full at the time of the booking on our platform. The Access Fee is due when it becomes non-refundable as per the terms of this Agreement and the specific agreement for each booking. All Fees are payable in U.S. Dollars, subject to change, and might include additional taxes, service fees, and expenses not explicitly listed on our platform. Hunt Private LLC does not currently accept cryptocurrencies like Bitcoin as a form of payment for any dues. Users agree not to initiate any chargebacks or disputes and accept responsibility for any services charges or administrative fees our credit card processer may assess in respect of any chargeback or dispute. For processing our Fees, we utilize third party payment services ("Payment Services"). By utilizing Hunt Private Services, you agree to the user agreement and privacy policy of the relevant Payment Service in use at the time. We are not responsible for any issues resulting from your non-compliance with a Payment Service’s policies. Our choice of Payment Service may change periodically. Although Payment Service may collect details such as your credit card information and personal data ("Payment Details"), we may have access to this information but will not utilize it. We are not responsible for any data breaches or the compromise of personal or Payment Details caused directly or indirectly by the Payment Service. Additionally, we do not retain, replicate, or use any Payment Details you submit to us or to the Payment Services.

XI. Refunds and Cancellation

If you opt to cancel your booking for any activity, you will be regarded as having willingly surrendered your entire Reservation Fee to Hunt Private LLC as agreed upon as reasonable liquidated damages to offset administrative expenses, unless Hunt Private LLC decides at its sole discretion to handle your cancellation differently—which Hunt Private LLC is under no obligation to do. For all reservations involving small game, fishing, and similar activities, if you cancel your booking at any listing more than 48 hours before your scheduled access period, and the booking does not have a strict cancellation policy, then you will not be charged the Access Fee. If you cancel your booking within 48 hours of your scheduled access period, or if the booking has a strict cancellation policy, you will incur all Fees. For all large game and similar bookings, if you cancel your booking at any listing more than 30 days before your scheduled access period, and the listing does not have a strict cancellation policy, then you will not be charged the Access Fee if the booking can be transferred to a different property or year subject to Owner consent. If rebooking is not feasible, no refund of the Access Fee already collected will be issued, but the final 50% payment will not be processed. If you cancel your booking within 30 days of your scheduled access period, or if the listing has a strict cancellation policy, you will incur all Fees. There will be no refunds for cancellations due to reasons beyond Hunt Private LLC's control, including weather conditions, lack of game or fish at the location(s), or disruptions caused by any Owner. If extenuating circumstances arise, such as a Landowner denying access despite an obligation to provide it, or if the Landowner has significantly misrepresented their listing, Hunt Private LLC may, at its sole discretion, issue a refund through the applicable Payment Service as outlined in this Agreement. In instances where you breach this Agreement, any applicable policy, or guest rules, you shall not qualify for any refund or credit of Fees and further agree to pay us any costs or fees we reasonably incur as a result of or arising from your breach.

XII. Discontinuance and Termination

You have the freedom to discontinue using the Platform at any moment and for any cause. Hunt Private LLC reserves the right to cease providing the Platform to you, introduce or establish new restrictions to our Services, or terminate your Account at any time, without written notice to you ("Termination"). You can terminate your Account with us whenever you choose, for any reason. You are also allowed to cancel a booking at any time for any reason, subject to applicable cancellation Fees and policies identified above. This Agreement remains valid in perpetuity until you terminate your Account and stop utilizing our Services, or until we terminate your Account for any reason ("Agreement Term"). All intellectual property rights, property information, and other business-sensitive terms shall continue indefinitely, regardless of account termination. In the case of Termination, your User Content may still be retained on our servers, sites (including the Site), applications (including the Platform), networks, and systems and might still be utilized for business and internal purposes. You can reactivate your Account at any time but may be subject to Fees and/or reinstatement charges.

XIII. Intellectual Property

Utilizing the Services or products of Hunt Private LLC does not confer upon you any express or implied ownership rights (legal or equitable) over any intellectual property rights in the Services or Platform, or the content you access. You may not use content from our Platform or the Services unless you obtain explicit written permission from us or the rightful owner, or unless permitted by law. These terms do not grant you the right to use any branding, trademarks, trade dress, or logos used in the Services or Platform without our written permission. You shall not remove, obscure, or alter any legal notices displayed in or along with the Services and Platform. All content, software, and material provided through the Services is the intellectual property of Hunt Private LLC and/or its licensors, unless we have acknowledged otherwise in writing. We retain all rights, titles, and interests in the Services and any works associated with the Services, including without limitation, all logos, source code, images, videos, photos, trademarks, trade dress, informational material provided through the Services, resources, marketing material, articles, domain names, user database, business methods, updates, copyright ("Intellectual Property") that we provide you for the benefit of using the Services. Nothing in this Agreement or through your use of the Services shall be construed as a transfer or grant of title to our Intellectual Property.

XIV. User Content Disclosure

Your information and the contents of all your online communications, including, but not limited to, text, Internet Protocol addresses, personal information, personally identifiable information, and User Content, may be accessed and monitored as necessary to provide the Services of Hunt Private LLC, and may also be disclosed: (a) when we have a good faith belief that we are required to disclose the information in response to legal process (for example, a court order, search warrant, or subpoena); (b) to satisfy any applicable laws or regulations; (c) where we believe that the Services are being used in the commission of a crime or fraud, including to report such criminal activity or to exchange information with other companies and organizations for the purposes of fraud protection and credit risk reduction; (d) when we have a good faith belief that there is an emergency that poses a threat to the health and/or safety of you, another person, or the public generally; or (e) in order to protect our rights or property, including to enforce our Terms. By agreeing to these Terms, you hereby provide your irrevocable consent to such monitoring, access, and necessary disclosure. We will only disclose information that is necessary and required for the purpose at hand. Please refer to our Privacy Policy for further disclosure policies on User Content and personally identifiable information.

XV. Third Party Interactions

do not comply in good faith with our or applicable third party affiliates’ and/or partners’ terms or policies. To enhance user experience, we might display or provide access to content and services not owned or operated by Hunt Private LLC ("Affiliate Content and Services"). These Affiliate Content and Services are responsible for their content and services, and Hunt Private LLC does not guarantee their accuracy, availability, or compliance with their own terms of use and privacy policies. Users should review any Affiliate Content and Services’ agreements to ensure they agree with their services, policies, and terms, including our Payment Services and any partners through which we offer services or products. We are not obligated to ensure that those Affiliate Content and Services work error-free, are accurate, and are up-to-date. We may review content to determine its legality or compliance with our policies and may remove or refuse to display content that we believe violates our terms or applicable law but are not obligated to do so and make no warranty of any sort with respect thereto. Our services may include links to third party websites not owned or controlled by Hunt Private LLC. We are not responsible for the privacy practices or content of such third party websites and vendors or any damages arising therefrom. Therefore, we cannot be held responsible for any issues, including offensive or malicious content, usability, or other problems associated with these websites. Users are solely responsible for reading and understanding the policies and terms of use or service of any other website they visit, directly or indirectly, in relation to Hunt Private LLC's services. Hunt Private LLC services may include data sets not generated by Hunt Private LLC, and we cannot guarantee their accuracy. This includes, but is not limited to, digital mapping data on Hunt Private LLC web and mobile applications. The digital map data provided is derived from various sources, and we cannot ensure its accuracy, completeness, or reliability. We make no warranties, express or implied, regarding the digital map data's completeness, accuracy, reliability, suitability, or availability. Any reliance on this information is strictly at your own risk. Hunt Private LLC shall not be liable for any loss or damage arising from the use of, or inability to use, the digital map data, including any direct, indirect, incidental, consequential, or punitive damages, whether under contract, tort, strict liability, or otherwise, even if we have been advised of the possibility of such damages. We reserve the right to modify, update, or discontinue the digital map data at any time without prior notice. We do not guarantee that the digital map data will be uninterrupted, error-free, or free of viruses or other harmful components. By accessing and using our digital map data, you acknowledge and agree that you are solely responsible for verifying its accuracy and reliability before relying on it for any purpose. You also agree to indemnify and hold Hunt Private LLC harmless from any claims, damages, or expenses arising from your use of the digital map data.

XVI. Guest Policies

If you are a Guest on a Trip and/or have made a reservation to access a Trip ("Reservation"), you hereby knowingly and voluntarily agree to the additional Guest Rules outlined below in addition to any policies, rules, requirements, suggestions, or procedures which may be offered or implemented by an Owner or Landowner or by us ("Guest Rules"). These Guest Rules are subject to change from time to time in our sole discretion. Additional rules and policies may apply based on the particular Listing's unique characteristics and the policies of the Landowner. Violating these Guest Rules constitutes a material breach of this Agreement, and it may lead to immediate termination, cancellation of your Account and Reservation without any entitlement to refunds, and/or the denial of your use of the property described in the Listing. Failure to fully and in good faith follow the exact guest rules and processes can result in criminal trespassing offenses enforceable by the Owner/Landowner. Each Listing may specify its own maximum guest capacity, which you must adhere to. If you exceed the stated capacity, you and your guests may be asked to leave the property, resulting in a breach of this Agreement, and/or your reservation may be canceled with no refund. Every guest must be invited and accept their invitation digitally through the platform to be considered an official guest of the reservation BEFORE entering the property. Should you wish to modify your Reservation to reduce the number of reserved days, such a reduction will be subject to the cancellation policy in effect at that time which may be described in the Listing or elsewhere on our Platform. Your Trip Reservation will be updated accordingly, and charges or refunds will be applied only as applicable. If you desire to extend the number of reserved days, such an extension is contingent on availability, subject to the applicable Fee and cancellation policy, and you will be charged accordingly for any such modifications. Modifications are not permitted once your reservation has commenced or concluded. Hunt Private LLC reserves the right to require Guests to vacate any Trip property and to promptly pay and/or reimburse the appropriate party(ies) for any damages resulting from the Guest’s non-compliance with or violation of these Terms or Guest Rules. Furthermore, we reserve the right to refuse your Reservation if we, in good faith, believe you have breached these Terms, Guest Rules, any applicable laws or regulations, or pose a threat to other Guests, Landowners, or personnel at that Listing. Owners/Landowners may impose specific monetary fines for violations, detailed in their Listing-specific rules and regulations. Minors are not permitted to reserve a Trip or join a Trip without the presence of a legal guardian or parent, and such legal guardian or parent accepts sole responsibility for the safety and wellbeing of any Minor. Guests agree not to and shall not: Operate weapons in any unsafe manner, including but not limited to pointing weapons towards people, livestock, buildings, and other structures or property. Discharge weapons within the weapon's range from any person not involved in the hunt and from any occupied building. Discharge weapons from within or on a vehicle. Trespass on neighboring land or in areas reserved by the Owner for each Trip. Modify any hunting blind placement or move structures without the Owner's written agreement. Access or use the property that is a Trip if all Fees have not been paid and at any time other than the reserved scheduled use window. Bring pets onto the property, except for hunting dogs used for the scheduled hunt, provided such dogs are controlled and do not trespass on neighboring property. Use ATVs, motorcycles, ebikes, or similar off-road vehicles without the explicit permission of the Owner and compliance with the Owner’s rules regarding permitted areas for such vehicles. Start fires, including campfires, without the Owner's prior written permission. Access any Listing property while under the influence of alcohol or illegal drugs, or while under the influence of legal drugs that may impair safety or judgment. Use the property for any purpose other than to pursue the applicable species during the scheduled access window. Use the property without proper licensing and outside of legal shooting hours or dates for the particular species (it being the sole responsibility of the Guest to determine applicability of local, state, and federal hunting laws and full compliance therewith). Exhibit unnecessary violence or inhumane treatment toward animals or otherwise disrespect the culture of responsible hunting, including any failure to reasonably search for and retrieve any wounded animal. Violate any laws or regulations set forth by the federal government or any state wildlife and game commission. Commit any unsafe hunting practices or fail to utilize prudent judgment. Hunt Private LLC may from time to time provide Guests with offers and promotions for use towards Trips ("Offers and Promotions"). All Offers and Promotions are subject to separate terms and conditions, availability, and any expiration date. IN NO EVENT SHALL HUNT PRIVATE LLC BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR INJURIES, INCLUDING DEATH, DISABILITY, OR EMOTIONAL DISTRESS RESULTING FROM (a) YOUR FAILURE TO ABIDE BY THESE GUEST RULES OR ANY ADDITIONAL RULES AT A TRIP; OR, (b) YOUR NEGLIGENCE OR ILLEGAL CONDUCT. IN ANY EVENT, OUR MAXIMUM LIABILITY SHALL NOT EXCEED THE NET AMOUNT OF FEES PAID BY YOU FOR THE SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. LANDOWNERS ALONE ARE RESPONSIBLE FOR THEIR TRIP(S). WHEN A GUEST MAKES OR ACCEPTS A BOOKING, THEY ARE ENTERING INTO A CONTRACT DIRECTLY WITH THE LANDOWNER. HUNT PRIVATE LLC IS NOT AND DOES NOT BECOME A PARTY TO OR OTHER PARTICIPANT IN ANY CONTRACTUAL RELATIONSHIP BETWEEN GUESTS AND LANDOWNERS, NOR IS HUNT PRIVATE LLC A REAL ESTATE BROKER, INSURER, OR OUTFITTER. HUNT PRIVATE LLC IS NOT ACTING AS AN AGENT IN ANY CAPACITY FOR ANY LANDOWNER OR GUEST, EXCEPT WITH RESPECT TO PROCESSING THE PAYMENT TRANSACTION BETWEEN THE LANDOWNER AND GUEST, IF APPLICABLE. THIS DISCLAIMER SHALL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE PLATFORM. To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Hunt Private LLC, its officers, directors, employees, and agents, from and against any and all claims, damages, injuries, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to actual attorney's fees and costs) arising from: (a) your breach of these Guest Rules or any additional rules at a Listing; (b) your violation of any third party right, including without limitation any copyright, trademark, privacy, or other proprietary rights; (c) property damage at the Listing; (d) your misuse of the Listing or Platform; (e) any act or omission of yours or anyone under your direction or control; (f) your violation or alleged violation of any law or regulation; and (g) any act or omission arising from or relating to this Agreement and your use of the Platform, directly or indirectly. If you cause harm to Hunt Private LLC or violate these terms, we may defend ourselves and require you to pay the costs of the defense or any judgment against it, or we may require you to defend Hunt Private LLC against a third party claim. This defense and indemnification obligation will survive these terms of service and your use of Hunt Private LLC's Services.

XVII. Disclaimer of All Warranties, Express or Implied

USE OF HUNT PRIVATE LLC SERVICES IS AT YOUR SOLE RISK, AND YOU ARE SOLELY RESPONSIBLE FOR ANY LOSS OF ANY TYPE THAT RESULTS, DIRECTLY OR INDIRECTLY, FROM SUCH USE, INCLUDING ANY ACT OR OMISSION RELATED THERETO. THE HUNT PRIVATE LLC SERVICES ARE PROVIDED ONLY ON AN "AS-IS, WHERE-IS, IF-AVAILABLE" BASIS. WE AND OUR LICENSORS, PARTNERS, EMPLOYEES, OFFICERS, INVESTORS, OWNERS, AGENTS, AND AFFILIATES, IF ANY, EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTY AS TO THE PERFORMANCE OF ANY THIRD PARTY, INCLUDING ANY PARTNER. NEITHER WE NOR ANY OF OUR LICENSORS MAKE ANY WARRANTY THAT THE SERVICE OR THE TRIPS WILL MEET YOUR REQUIREMENTS OR THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. NEITHER WE, NOR ANY OF OUR LICENSORS, MAKES ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES, OR THAT DEFECTS IN THE SERVICES IN WHOLE OR IN PART, INCLUDING SOFTWARE, WILL BE CORRECTED. HUNT PRIVATE LLC MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF OUR CONTENT OR THE CONTENT OF ANY SITES LINKED TO OUR SERVICES AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY: (a) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT; (b) PERSONAL INJURY (INCLUDING DEATH, DISABILITY, OR EMOTIONAL DISTRESS) OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES OR TRIPS; (c) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN; (d) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES; (e) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY; AND/OR, (f) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. HUNT PRIVATE LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE. IMPORTANTLY, YOU ARE SOLELY RESPONSIBLE FOR THE SAFEKEEPING OF ANY PAYMENT INFORMATION USED IN CONJUNCTION WITH THE SERVICES. WE DO NOT STORE OR PROTECT YOUR PAYMENT INFORMATION AND WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY LOSS OR THEFT OF YOUR PAYMENT INFORMATION FOR ANY REASON. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

XVIII. Assumption of Risk and Limitation of Liability

YOU UNDERSTAND THAT USING THE PLATFORM, ANY OWNER PROPERTY, RECREATIONAL ACTIVITIES, INCLUDING HUNTING AND FISHING, USING GUNS, BOWS, AND OTHER WEAPONS, AND USING RENTAL EQUIPMENT AND ANY OTHER SIMILAR ACTIVITIES ASSOCIATED WITH SERVICES DESCRIBED ON THE PLATFORM ("ACTIVITIES") EXPOSES YOU TO MANY HAZARDS, INCLUDING AN UNAVOIDABLE RISK OF DEATH, PERSONAL INJURY (INCLUDING BUT NOT LIMITED TO SEVERE SPINAL OR HEAD INJURY, DISFIGUREMENT, TEMPORARY OR PERMANENT DISABILITY, AND EMOTIONAL DISTRESS) AND LOSS OF OR DAMAGE TO PROPERTY, DESPITE YOUR IMPLEMENTATION OF ALL REASONABLE PRECAUTIONS. YOU UNDERSTAND THAT THE ACTIVITIES MAY RESULT IN HAZARDS POSED BY OTHER GUESTS, LANDOWNERS, AND OTHERS WHO MAY BE AT OR NEAR ANY PROPERTY, AND PROPERTY, FIELD, TRAFFIC, ROAD, AND/OR TRAIL CONDITIONS, KNOWABLE OR UNKNOWABLE. NOT ALL HAZARDS AND DANGERS CAN BE FORESEEN. YOU UNDERSTAND THERE ARE SIGNIFICANT RISKS OF INJURY ASSOCIATED WITH PARTICIPATION IN ANY ACTIVITIES, AND YOU MAY EXPERIENCE CERTAIN ADVERSE PHYSICAL CHANGES DURING OR FOLLOWING PARTICIPATION IN THE ACTIVITIES. THESE RISKS INCLUDE, BUT ARE NOT LIMITED TO: KNEE, BACK, OR FOOT INJURIES; MUSCLE STRAINS, PULLS OR TEARS; ABNORMAL BLOOD PRESSURE; FAINTING; HEART RHYTHM DISORDERS OR HEART ATTACK; STROKE; EMOTIONAL DISTRESS; PERMANENT INCAPACITATION; OR EVEN DEATH. YOU FURTHER UNDERSTAND THAT CERTAIN PRESCRIBED MEDICATIONS MAY EXACERBATE THOSE PHYSIOLOGICAL CHANGES AND CREATE AN EVEN GREATER RISK OF PHYSICAL INJURY OR DEATH. YOU FURTHER UNDERSTAND THAT YOU SHOULD NOT AND CANNOT PARTICIPATE IN ANY OF THE ACTIVITIES IF YOU ARE UNDER THE INFLUENCE OF ALCOHOL OR DRUGS. YOU CERTIFY THAT YOU ARE: (a) PHYSICALLY SOUND; (b) HAVE MEDICAL APPROVAL TO PROCEED WITH THE ACTIVITIES; (c) MAINTAIN ADEQUATE PERSONAL HEALTH AND INJURY INSURANCE AT YOUR SOLE COST; AND, (d) YOU ARE NOT AWARE OF ANY PHYSICAL LIMITATIONS, MEDICAL CONDITIONS, OR OTHER CIRCUMSTANCES THAT WOULD BE AGGRAVATED OR INCREASE YOUR RISK OF ILLNESS OR INJURY AS A RESULT OF PARTICIPATING IN THE ACTIVITIES. WITH FULL ACKNOWLEDGEMENT OF ALL RISKS (KNOWN AND UNKNOWN), YOU KNOWINGLY, WILLFULLY, AND VOLUNTARILY CHOOSE TO PARTICIPATE IN THE ACTIVITIES AND EXPRESSLY ASSUME ALL RISKS AND DANGERS, INCLUDING RELATED TO PHYSICAL EXERCISE, WEAPONS, WATER AND SIMILAR HAZARDS, AND ALL ACTIVITIES ASSOCIATED WITH THE RENTAL EQUIPMENT, WHETHER OR NOT DESCRIBED ABOVE, KNOWN OR UNKNOWN, INHERENT OR OTHERWISE. IN NO EVENT WILL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR THE INABILITY TO USE HUNT PRIVATE LLC SERVICES, INCLUDING DAMAGES FOR LOSS OF FEES PAID, LOSS OF DATA OF ANY KIND, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WE SHALL NOT BE LIABLE FOR DAMAGES OF ANY TYPE, WHETHER DIRECT OR INDIRECT, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OR INABILITY TO USE THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES ALLEGEDLY ARISING FROM THE COMPROMISE OR LOSS OF YOUR LOGIN CREDENTIALS OR FUNDS, OR LOSS OF OR INABILITY TO RESTORE ACCESS FROM YOUR BACKUP, OR FOR MISTAKES, OMISSIONS, INTERRUPTIONS, DELAYS, DEFECTS AND/OR ERRORS IN THE TRANSMISSION OF TRANSACTIONS OR MESSAGES TO THE NETWORK OR SERVER, OR THE FAILURE OF ANY MESSAGE TO BE SENT OR TO BE RECEIVED BY THE INTENDED RECIPIENT IN THE INTENDED FORM. FURTHER, WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY THIRD PARTY CONTENT UPLOADED ONTO OR DOWNLOADED FROM THE SITE OR PLATFORM. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN ANY EVENT, THE MAXIMUM LIABILITY OF US TO YOU SHALL NOT EXCEED THE AMOUNT OF FEES PAID BY YOU THROUGH HUNT PRIVATE LLC SERVICES DURING THE THREE-MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF YOUR CLAIM. YOU FURTHER HEREBY KNOWINGLY AND VOLUNTARILY ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE TERMS OF THIS AGREEMENT, NOTIFICATION, AND WAIVER ARE INTENDED TO FULLY COMPLY WITH THE APPLICABLE PROVISIONS OF THE TEXAS RECREATIONAL USE STATUTE (TEX. CIV. PRAC. & REM. CODE § 75.001-.007), AS AMENDED, OR ANY OTHER STATE OR FEDERAL LAW RELEVANT HERETO.

XIX. Indemnification

To the extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Hunt Private LLC, its officers, directors, employees, owners, investors, affiliates, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs, or debts, and expenses (including but not limited to attorney's fees) arising from: (a) your use or misuse of and access to Hunt Private LLC Services; (b) your breach, non-compliance, or violation of any terms of this Agreement or any applicable rules or policies, by you or anyone under your direction and control; (c) your violation of any third party right, including without limitation any copyright, property, or privacy right; (d) any actual or potential claim that your content caused damage to a third party; (e) any act or omission of yours or anyone under your direction or control; (f) your violation or alleged violation of any law or right of any third party; (g) any loss of data or fees of any kind, for any reason; or your use of the Platform generally and participation in or on any Reservation or Trip. This defense and indemnification obligation will survive this Agreement and your use of Hunt Private LLC Services. In any event, we cannot compensate you for harms we could not reasonably expect from providing the services to you. If you cause harm to us or violate these terms, such as by providing inaccurate information or posting infringing content, we may defend ourselves and require you to pay the costs of the defense or any judgment, or we may require you to defend us against one or more third parties. Users may not involve us or any other indemnified party in any dispute, including litigation, arising out of or related to any transaction, agreement, or arrangement you may have with any other User, Landowner, or other third party arising out of or in any way related to the Hunt Private LLC services ("Dispute"). If you attempt to do so you shall: (a) pay all costs and attorneys’ fees incurred in connection therewith by us (including at the appellate level), any of our affiliates, or any of their respective employees, and you shall fully defend, indemnify and hold the indemnified parties harmless from all losses incurred by any of them as a result; and, (b) the jurisdiction for any such Dispute shall be limited to the state and federal courts located in Texas as further limited by the mandatory, binding arbitration provision and other dispute resolution provisions below.

XX. Agreement not to Circumvent

Hunt Private LLC invests significant resources in connecting Landowners with Guests and Visitors to facilitate access to recreational properties listed on our Platform, as well as in engaging Guests to ensure Landowners receive compensation for their Listings. You acknowledge and agree that forming a direct relationship (lease, license, etc.) with any Landowner or Guest discovered through our Platform, for yourself or on behalf of another individual or entity, without utilizing our Platform, would circumvent Hunt Private LLC's efforts and substantially harm our business interests. Therefore, you commit that, for one year following the last use of any property listed on our Platform, or from the date a Guest last utilized your property if you are a Landowner, you will not engage in any agreements, transactions, or arrangements with such Landowner(s) or Guest(s), as applicable, concerning the use of such property or properties for any recreational activities. You also acknowledge that the damages resulting from a violation of this provision would be challenging to calculate and not readily ascertainable in advance. As such, in the event of a breach of this agreement, you consent to pay liquidated damages—not as a penalty but as a reasonable estimation of loss—in an amount equal to the greater of $5,000.00 or the Fees collected for such Listing in the preceding twelve (12) month period. This measure is mutually agreed upon to compensate for potential breaches of this provision.

XXI. Entitlement to Equitable Relief

By engaging with Hunt Private LLC's Services, you recognize that monetary damages might not suffice in the event you or anyone acting under your direction or control violates or appears likely to violate any of the Terms of this Agreement, especially but not limited to those relating to direct engagements with Landowners or Guests outside of our Platform. Such breaches could inflict substantial and irreparable harm upon us. Consequently, you accept that, in addition to any other rights or remedies at our disposal legally, equitably, or as provided by statute, we are entitled to seek injunctive relief against such breaches without being required to secure a bond, and that our rights and remedies under this Agreement are cumulative and not in place of any other rights, remedies, or recourse available to us at law, in equity, or by statute.

XXII. No Endorsement

Hunt Private does not make any representations about, confirm, or endorse any User, or the purported identity or background of the User. By using the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users, Guests, Visitors, Landowners, or other third parties will be limited to a claim against that particular party who caused you harm. You agree not to attempt to impose liability on or seek any remedy from Hunt Private with respect to such actions or omissions. We encourage Users to communicate directly with each other regarding any Bookings or Listings. This limitation shall not apply to any claim by a Landowner against Hunt Private regarding the remittance of payments received from a Guest by Hunt Private on behalf of a Landowner, which instead shall be subject to the limitations described elsewhere in this Agreement.

XXIII. Attorneys’ Fees and Costs

In any litigation, dispute, mediation, or arbitration arising under or in connection with this Agreement, including appeals and bankruptcy court proceedings, the prevailing party shall be entitled to recover all reasonable costs and fees actually incurred, including attorney's fees, expert witness fees, and court costs, from the non-prevailing party.

XXIV. Severability

Should any provision of this Agreement be determined to be partially or wholly unenforceable or void or voidable, such provision shall be stricken from this Agreement and the remainder of the Agreement shall remain in full force and effect substituting a provision that as nearly as possible effectuates the original intent of the parties hereto.

XXV. Dispute Resolution; Governing Law, Jurisdiction, and Venue

If a dispute arises out of or relates to this Agreement, or the breach thereof, and if the dispute cannot be settled through informal discussion, the parties agree first to try in good faith to settle the dispute by mediation administered by the American Arbitration Association under its Commercial Mediation Procedures. Thereafter, any controversy or claim arising out of or relating to this Agreement (including the validity or enforceability of this clause), or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. This Agreement and any disputes arising out of or relating hereto are governed by the laws of the State of Texas without regard to any conflicts of laws canons. Any disputes arising from this Agreement specifically or the use of the Platform generally will be resolved exclusively by the mediation and arbitration procedures described above, except that any court having jurisdiction in the state may enter a final order or judgment thereon, and the parties hereto hereby waive any objection as to jurisdiction or venue and expressly consent hereto.

XXVI. Waiver of Jury Trial and Statute of Limitations

EACH PARTY IRREVOCABLY AND UNCONDITIONALLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN ANY LEGAL ACTION, PROCEEDING, CAUSE OF ACTION, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF THE PLATFORM, OR THE TRANSACTIONS CONTEMPLATED HEREBY. EACH PARTY CERTIFIES AND ACKNOWLEDGES THAT (A) NO REPRESENTATIVE OF THE OTHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT THE OTHER PARTY WOULD NOT SEEK TO ENFORCE THE FOREGOING WAIVER IN THE EVENT OF A LEGAL ACTION, (B) IT HAS CONSIDERED THE IMPLICATIONS OF THIS WAIVER, (C) IT MAKES THIS WAIVER KNOWINGLY AND VOLUNTARILY, AND (D) IT HAS DECIDED TO ENTER INTO THIS AGREEMENT IN CONSIDERATION OF, AMONG OTHER THINGS, THE MUTUAL WAIVERS AND CERTIFICATIONS IN THIS PROVISION. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO FILE ANY ACTION OR CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR USE OF THE PLATFORM NO LATER THAN SIX (6) MONTHS AFTER THE ACT OR OMISSION GIVING RISE TO THE CLAIM HAS ACCRUED AND EXPLICITLY WAIVE THE RIGHT TO FILE ANY ACTION OR CLAIM ARISING DIRECTLY OR INDIRECTLY FROM THIS AGREEMENT OR USE OF THE PLATFORM UNDER ANY LONGER STATUTE OF LIMITATIONS WHICH OTHERWISE MIGHT HAVE BEEN APPLICABLE.

XXVII. Miscellaneous Provisions

No party shall be liable or responsible to the other party, or be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement (except for any obligations to make payments to the other party hereunder), when and to the extent such failure or delay is caused by or results from acts beyond the affected party's reasonable control, including, without limitation: (a) acts of God; (b) flood, fire, earthquake, pandemics, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor stoppages or slowdowns, or other industrial disturbances; (i) telecommunication breakdowns, power outages or shortages, lack of warehouse or storage space, inadequate transportation services, or inability or delay in obtaining supplies of adequate or suitable materials; and (j) other similar events beyond the reasonable control of the affected party. The party suffering a Force Majeure Event shall give notice five (5) days of the Force Majeure Event to the other party, or sooner if reasonably possible, stating the period of time the occurrence is expected to continue and shall use commercially reasonable efforts to end the failure or delay and ensure the effects of such Force Majeure Event are minimized. Each of the parties hereto shall, and shall cause their respective affiliates to, execute and deliver such additional documents, instruments, and assurances and take such further actions as may be reasonably required to carry out the provisions hereof and give effect hereto. Each party shall deliver all notices, requests, consents, claims, demands, waivers, and other communications under this Agreement (each, a "Notice") in writing and addressed to the other party at its address set forth on the last page of this Agreement (if to Hunt Private) or to such other address that the receiving party may designate from time to time in accordance with this section. Each party shall deliver all Notices by personal delivery, nationally recognized overnight courier (with all fees prepaid), email or facsimile (in each case, with confirmation of transmission), or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt by the receiving party and (b) if the party giving the Notice has complied with the requirements of this Section. For purposes of this Agreement, (a) the words "include," "includes," and "including" are deemed to be followed by the words "without limitation;" (b) the word "or" is not exclusive; and (c) the words "herein," "hereof," "hereby," "hereto," and "hereunder" refer to this Agreement as a whole together with the Privacy Policy and any other terms, provisions, rules, or requirements, as they may be enacted, rescinded, or amended from time to time or at any time as displayed on the Site. Unless the context otherwise requires, references herein: (x) to sections, schedules, and exhibits mean the sections of, and schedules and exhibits attached to, this Agreement; (y) to an agreement, instrument, or other document means such agreement, instrument, or other document as amended, supplemented, and modified from time to time to the extent permitted by the provisions thereof; and (z) to a statute means such statute as amended from time to time and includes any successor legislation thereto and any regulations promulgated thereunder. This Agreement shall be construed without regard to any presumption or rule requiring construction or interpretation against the party drafting this Agreement or causing any instrument to be drafted. The schedules and exhibits referred to herein, if any, shall be construed with, and as an integral part of, this Agreement to the same extent as if they were set forth verbatim herein. The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement. Whenever the context requires or permits, the masculine gender shall include the feminine and neutral genders and the singular form shall include the plural form and shall be interchangeable. This Agreement, together with the Privacy Policy and any other documents incorporated herein by reference and all related exhibits and schedules, constitutes the sole and entire agreement of the parties to this Agreement with respect to the subject matter contained herein and therein, and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to such subject matter. In the event of any inconsistency between the statements in the body of this Agreement and the related exhibits and schedules (other than an exception expressly set forth as such in the schedules), the statements in the body of this Agreement shall control. No waiver by any party of any of the provisions hereof shall be effective unless explicitly set forth in writing and signed by the party so waiving. No waiver by any party shall operate or be construed as a waiver in respect of any failure, breach, or default not expressly identified by such written waiver, whether of a similar or different character, and whether occurring before or after that waiver. No failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof; nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege. Neither party may assign any of its rights hereunder without the prior written consent of the other party. Any purported assignment or delegation in violation of this Section shall be null and void ab initio. No assignment or delegation shall relieve the assigning or delegating party of any of its obligations hereunder. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of this Agreement. Time shall be of the essence in this Agreement as to all aspects. Nothing herein shall be construed to create a joint venture or partnership between the parties hereto or an employer/employee, fiduciary, or agency relationship. No party hereto shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any contract, agreement, or undertaking with any third party except as expressly set forth above. Nothing in this Agreement shall be deemed or construed to enlarge the fiduciary duties and responsibilities, if any, of Hunt Private or any of its affiliates, officers, directors, employees, owners, investors, or agents. Subject to the limitations and other provisions of this Agreement, any provision that, in order to give proper effect to its intent, should survive such expiration or termination of this Agreement, will survive the expiration or earlier termination of this Agreement.

XVIII. Execution and Effective Date

This Agreement is executed, effective, and accepted by the User and the Platform upon the User’s use of the Platform or upon accepting this Agreement during the account registration process, such acceptance deemed to be continuing.

XXIX. Contact Information

To ask questions or provide any Notice about or under this Agreement, contact us at: Hunt Private LLC PO Box 643 Spring Branch, TX 78070 [email protected]