The following describes the terms of
which the Hunting Lease Network® offers you access to our services:
to the National Hunting Lease Network, LLC (NHLN) User Agreement. This
Agreement describes the terms and conditions applicable to your use of our
services at www.nationalhuntingleases.com, including the
Hunting and Fishing Lease Network®. If you have any questions, please direct
them to email@example.com
may amend this Agreement at any time by posting the amended terms on our site.
Except as stated below, all amended terms shall automatically become effective
30 days after they are initially posted on our site. This Agreement may not be
otherwise amended except in a written agreement signed by you and NHLN. This
agreement was last revised on May 31, 2013.
services are available only to individuals who can form legally binding
contracts under applicable law. Without limiting the foregoing, our services
are not available to minors. If you do not qualify, please do not use our
services. Further, our services are not available to temporarily or
indefinitely suspended Hunting Lease Network® registrants.
2. Fees and Services.
There is no fee to list a
property for lease on the Hunting Lease Network®. There is no fee to use or submit a bid to the Hunting Lease Network®. NHLN may at its discretion change some or
all of the services, and/or the fees charged therefore, at any time. In the
event we introduce a new service, the fees for that service are effective at
the commencement of the service. Unless otherwise stated, all fees and bids are
quoted in U.S. Dollars. You are responsible for paying all fees associated with
using our service and our website and all applicable taxes.
3. The Hunting Lease Network®
is Only a Venue.
3.1 Overview. Our site acts as the venue for landowners and
hunters/anglers to reach agreement on a recreational lease of properties. We
have no control over the quality or characteristics of the properties
advertised, the truth or accuracy of the information provided, the ability of
landowners to lease the properties, the ability of the lessor
to lease the property, or the hunting and fishing abilities of lessors who use the lease. We cannot ensure that a
landowner or bidder will actually complete a transaction.
3.2 Safe Trading. Because user authentication on the Internet is
difficult, NHLN cannot and does not confirm each user's purported identity. You
may wish to consider using another entity of your choice to provide additional
3.3 Release. In the event that you have a dispute with one or more
users, you agree to release NHLN (and
our officers, directors, agents, subsidiaries, franchises, and employees) from
claims, demands and damages (actual and consequential) of every kind and
nature, known and unknown, suspected and unsuspected, disclosed and
undisclosed, arising out of or in any way connected with such disputes.
3.4 Information Control. We do not control the information provided by users that
is made available through our system. You may find other user's information to
be offensive, harmful, inaccurate, or deceptive. Please use caution, common
sense, and practice safe trading when using our site. Please note that there
are also risks of dealing with underage persons, or people acting under false
pretense. By accepting this agreement users agree that they will not attempt to
contact the owners or managers of any property in the HLN system, directly or
indirectly. Any fraudulent activity or violations of this rule will result in
termination of registration, a ban on future leasing to the user, and legal
4. Bidding, Leasing and Personal
Bidding. By bidding on a property you are contractually obligated to follow
through with full payment within 14 days of the bid close date. Once your bid is submitted to the Hunting
Lease Network® you are expected to complete the transaction unless the
transaction is prohibited by law or by this Agreement. By bidding on a property
you agree to be bound by the terms included in the property's description, so
long as those conditions are not in violation of this Agreement or unlawful.
Bids are not retractable except in exceptional circumstances such as when the
landowner materially changes or misrepresents the property's description, a
clear typographical error is made, or the landowner's identity cannot be
authenticated. If you choose to bid on a property, you are certifying that you
have the legal right and ability participate in the transaction as described. If
you have defaulted payment on a previous bid HLN reserves the right to not
accept any bid placed for any property. You will also be deleted from the
system as a registered member.
Personal Liability Insurance.
All lessees are required to carry a minimum of $2,000,000 hunting liability
insurance or such other amount as landowner(s) deems necessary and with respect
to Lessee's use of the premises for hunting/fishing purposes. This insurance may
be available through the Hunting Lease Network®. Proof of such insurance is
required and must be provided to NHLN before lessee is given permission to
access the leased property. Landowners and lessor
must be added as additional insured on the policy.
4.3 Earnest Deposit and
Forfeiture. Once your bid receives
final approval from the landowner and Hunting Lease Network®, you will be
contacted via email or telephone. Following that discussion a lease is drawn up
and mailed to you for your signature. Full payment of the entire lease and
required insurance (if applicable) is required when you mail the signed lease
back to us. If the full payment and/or signed lease are not received in our
office within 10 days of mailing from our office, the earnest deposit is
forfeited and the lease immediately goes back on the market.
4.4 Lease Cancellations and Forfeiture of Funds. A lessee who
fails to obtain the required insurance, or who defaults in performing any term
or condition of the lease shall be subject to all legal and equitable remedies
available to NHLN and the landowner under the lease or applicable law
including, where applicable, termination of the lease, with or without a refund
of rents paid, denial of access to the premises, collection of damages to person
or property, and attorneys fees and costs incurred by the landlord or NHLN.
4.5 Improvements. Any improvements made to enhance the hunting and/or
fishing lease will be negotiated and agreed upon by Hunting Lease Network® representatives, the landowner, and lessee. All improvements,
with the exception of personal property, remain with the land.
5.1 Property Descriptions. NHLN may not actually visit all lands posted for lease on
our site. Property descriptions may only include those property descriptions
supplied to us.
5.2 Bids. If landowners receive a bid at or above the minimum
acceptable bid as in the management agreement, they are expected to complete
the transaction, unless there is an exceptional circumstance, such as: (a) the
tenant fails to meet the conditions of your description, or (b) NHLN cannot
authenticate the lessees identity.
5.3 Fraud. Without limiting any other remedies, NHLN may suspend or
terminate your registration if you are found (by conviction, settlement,
insurance, investigation, or otherwise) to have engaged in fraudulent activity
in connection with our site.
5.4 Manipulation. Neither landowners nor bidders may manipulate the bid on
a property, nor may you interfere with any other user's property descriptions
6. Your Information.
Information" is defined as any information you provide us, or other users
in the registration process, in any public message area, or through any email
feature. You are solely responsible for your information, and we act as a
passive conduit for the online distribution and publication of your
information. With respect to your information:
Your Information: (a) shall not be false, inaccurate, or misleading; (b) shall
not be fraudulent; (c) shall not infringe any third party's copyright, patent,
trademark, trade secret or other proprietary rights or rights of publicity or
privacy; (d) shall not violate any law, statute, ordinance or regulation; (e)
shall not be defamatory, trade libelous, unlawfully threatening or unlawfully
harassing; (f) shall not be obscene; (g) shall not contain any viruses, Trojan
horses, worms, time bombs, cancelbots or other
computer programming routines that are intended to damage, detrimentally
interfere with, surreptitiously intercept or expropriate any system, data or
personal information; (h) shall not create liability for us or cause us to lose
(in whole or in part) the services of our ISPs or other suppliers; and (i) shall not include descriptions that: (1) are prohibited
under this Agreement; or (2) you do not have a right to register. Furthermore,
you may not register any property on our site (or consummate any transaction
that was initiated using our service) that, by paying to us our fee, could
cause us to violate any applicable law, statute, ordinance or regulation.
Solely to enable NHLN to use the information you supply us with, so that we are
not violating any rights you might have in that information, you agree to grant
us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free,
sub-licensable (through multiple tiers) right to exercise the copyright and
publicity rights (but no other rights) you have in your information, in any
media now known or not currently known, with respect to your information.
7. Access and Interference.
Our web site may contain robot exclusion headers and you agree that you will
not use any robot, spider, other automatic device, or manual process to monitor
or copy our web pages or the content contained herein without our prior expressed
written permission. You agree that you will not use any device, software or
routine to interfere or attempt to interfere with the proper working of the
Hunting Lease Network® site or any auction being conducted on our site. You
agree that you will not take any action that imposes an unreasonable or
disproportionately large load on our infrastructure. Much of the information on
our site is updated on a real time basis and is proprietary or is licensed to
NHLN by our users or third parties. You agree that you will not copy,
reproduce, alter, modify, create derivative works, or publicly display any
content (except for your information) from our website without the prior
expressed written permission of NHLN or the appropriate third party.
Without limiting other remedies, we may immediately issue a warning,
temporarily suspend, indefinitely suspend or terminate your registration and
refuse to provide our services to you: (a) if you breach this Agreement or any
documents it incorporates by reference; (b) if we are unable to verify or
authenticate any information you provide to us; or (c) if we believe that your
actions may cause legal liability for you, our users or us.
9. No Warranty.
WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND
WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR
SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE,
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some
states do not allow the disclaimer of implied warranties, so the foregoing
disclaimer may not apply to you. This warranty gives you specific legal rights
and you may also have other legal rights which vary from state to state.
10. Liability Limit.
IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY
SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION
WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING
LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN
ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF THE AMOUNT OF FEES YOU PAY TO US
IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY. Some states do
not allow the limitation of liability, so the foregoing limitation may not
apply to you.
agree to indemnify and hold us and our subsidiaries, affiliates, officers,
directors, agents, and employees, harmless from any claim or demand, including
reasonable attorneys' fees, made by any third party due to or arising out of
your breach of this Agreement or the documents it incorporates by reference, or
your violation of any law or the rights of a third party.
12. Legal Compliance.
You shall comply with all applicable laws, statutes, ordinances and regulations
regarding your use of our service and your bidding on, listing, purchase,
solicitation of offers to rent, and rental of properties.
13. No Agency.
You and NHLN are independent contractors, and no agency, partnership, joint
venture, employee-employer or franchiser-franchisee relationship is intended or
created by this Agreement. The Hunting Lease Network® may be subject to the
provisions of NHLN's Agency Policy and other licensing and regulatory requirements.
Except as explicitly stated otherwise, any notices shall be given by postal
mail to National Hunting Lease Network LLC, Attn: Legal Department, 11516 Nicholas Street, Omaha, Nebraska 68154 or to the email address you
provide to NHLN during the registration process (in your case). Notice shall be
deemed given 24 hours after email is sent, unless the sending party is notified
that the email address is invalid. Alternatively, we may give you notice by
certified mail, postage prepaid and return receipt requested, to the address
provided to NHLN during the registration process. In such case, notice shall be
deemed given 3 days after the date of mailing.
Any controversy or claim arising out of or relating to this Agreement or our
services shall be settled by binding arbitration in accordance with the
commercial arbitration rules of the American Arbitration Association. Any such
controversy or claim shall be arbitrated on an individual basis, and shall not
be consolidated in any arbitration with any claim or controversy of any other
party. The arbitration shall be conducted in Omaha, Nebraska,
and judgment on the arbitration award may be entered into any court having
jurisdiction thereof. Either you or NHLN may seek any interim or preliminary
relief from a court of competent jurisdiction in Nebraska necessary to protect the rights or
property of you or NHLN pending the completion of arbitration.
THIS CONTRACT CONTAINS AN
ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES
This Agreement shall be governed in all respects by the laws of the State of Nebraska as such laws are applied to agreements entered
into and to be performed entirely within Nebraska
residents. We do not guarantee continuous, uninterrupted or secure access to
our services, and operation of our site may be interfered with by numerous
factors outside of our control. If any provision of this Agreement is held to
be invalid or unenforceable, such provision shall be struck and the remaining
provisions shall be enforced. Headings are for reference purposes only and in
no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to a breach by you or others does not waive our
right to act with respect to subsequent or similar breaches. This Agreement
sets forth the entire understanding and agreement between us with respect to
the subject matter hereof.
For questions, or
help contact firstname.lastname@example.org