Borsini Hunting, LLC, a Nevada limited liability company, doing business as PreHunt, welcomes you to www.prehunt.com and the PreHunt mobile application! When you use our products and services, you're agreeing to our terms, so please take a few minutes to read over the User Agreement below.
Note: You are entering into a legally binding agreement.
We are an online platform for anyone interested in locating or providing locating services of big game animals, waterfowl, and/or upland game for hunters.
Our mission is to provide excellent customer service and a product that will be a leader in the hunting community.
When you use our Services, you are entering into a legal agreement and you agree to all of these terms. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.
You agree that by clicking “Sign Up” or similar, that you are registering, accessing or using our services, and our related mobile apps, developer platforms, premium services, or any content or information provided as part of these services, collectively, “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). Your agreement is with Borsini Hunting, LLC (“PreHunt” or “we”).
Here are some promises you make to us in this Agreement:
You're eligible to enter into this Agreement and you are at least our “Minimum Age.”
To use the Services, you agree that: (1) you must be 14 years old or older; (2) you will only have one PreHunt account, which must be in your real name; (3) you are a licensed or certified guide, subguide, or outfitter; and (4) you are not already restricted by PreHunt from using the Services.
You'll keep your password a secret.
You will not share an account with anyone else and will follow our rules and the law.
As between you and others, your account belongs to you. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account; and (4) follow the law and the Dos and Don'ts below. You are responsible for anything that happens through your account unless you close it or report misuse.
You'll honor your payment obligations and you are okay with us storing your payment information. Also, there may be fees and taxes that are added to our prices.
There are no refunds.
If you purchase any of our paid Services, you agree to pay us the applicable fees and taxes. Failure to pay these fees may result in the termination of your subscription. All transactions will be done through Paypal. Also:
You're okay with us using our websites, mobile apps, and email to provide you with important notices. This Agreement applies to mobile applications as well. Also, you agree certain additional information can be shared with us.
If the contact information you provide isn't up to date, you may miss out on these notices.
You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.
Please review your settings to control and limit what kind of messages you receive from us.
Our Services allow sharing of information in many. Where we have made settings available, we will honor the choices you make about who can see content or information.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
You own all of the content, feedback, and personal information you provide to us, but you also grant us a non-exclusive license to it.
We'll honor the choices you make about who gets to see your information and content.
You promise to only provide information and content that you have the right to share, and that will be truthful.
As between you and PreHunt, you own the content and information that you submit or post to the Services and you are only granting PreHunt the following non-exclusive license: A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
By submitting suggestions or other feedback regarding our Services to PreHunt, you agree that PreHunt can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information if that does not violate the law nor anyone's rights (e.g., without violating any intellectual property rights or breaching a contract). You also agree that your profile information will be truthful. PreHunt may be required by law to remove certain information or content.
We may change or discontinue any of our Services. We can't promise to store or keep showing any information and content you've posted.
We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
When you see or use others' content and information posted on our Services, it's at your own risk.
Third parties may offer their own products and services through PreHunt, and we aren't responsible for those third-party activities.
PreHunt will endeavor to limit content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. However, you agree that we are not responsible for third parties' (including other Members') content or information or for any damages as result of your use of or reliance on it.
You are responsible for deciding if you want to access or use third party apps or sites that link from our Services. If you allow a third party app or site to authenticate you or connect with your PreHunt account, that app or site can access information on PreHunt related to you and your connections. Third party apps and sites have their own legal terms and privacy policies, and you may be giving others permission to use your information in ways we would not. Except to the limited extent it may be required by applicable law, PreHunt is not responsible for these other sites and apps -- use these at your own risk.
We have the right to limit how you connect and interact on our Services.
We're providing you notice about our intellectual property rights.
PreHunt reserves the right to restrict, suspend, or terminate your account if PreHunt believes that you may be in breach of this Agreement or law or are misusing the Services (e.g. violating any Do and Don'ts).
PreHunt reserves all of its intellectual property rights in the Services. For example, PreHunt trademarks, service marks, graphics, and logos used in connection with PreHunt are trademarks or registered trademarks of PreHunt. Other trademarks and logos used in connection with the Services may be the trademarks of their respective owners.
This is our disclaimer of legal liability for the quality, safety, or reliability of our Services.
TO THE EXTENT ALLOWED UNDER LAW, PREHUNT (AND THOSE THAT PREHUNT WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
PREHUNT DOES NOT WARRANTEE CORRECT LOCATION INFORMATION OR GPS INFORMATION.
These are the limits of legal liability we may have to you.
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS PREHUNT HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT SUPERSEDES THIS AGREEMENT), PREHUNT (AND THOSE THAT PREHUNT WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OR CHANGES TO YOUR INFORMATION OR CONTENT).
BY USING THE SERVICE, YOUR ACKNOWLEDGE THAT YOUR USE OF THE SERVICE, AND ENGAGEMENT OF ANY ACTIVITIES WHILE USING THE SERVICE, IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL SERVICING OR REPAIRS OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR SERVICE, AND THAT NEITHER PREHUNT NOR ANY OF ITS AFFILIATES OR THEIR RESPECTIVE AGENTS, DIRECTORS, EMPLOYEES, INFORMATION PROVIDERS, LICENSORS, LICENSEES, OFFICERS AND/OR AFFILIATES WILL BE LIABLE FOR ANY DAMAGES OF ANY KIND RELATED TO YOUR USE OF THIS SERVICE.
IN NO EVENT SHALL THE LIABILITY OF PREHUNT (AND THOSE THAT PREHUNT WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR (B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND PREHUNT AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF PREHUNT HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Agreement anytime we want.
PreHunt or You may terminate this Agreement at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
In the unlikely event we end up in a legal dispute, it will take place in Nevada courts, applying Nevada law.
You agree that the laws of the State of Nevada, U.S.A., excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Agreement and/or the Services. We both agree that all of these claims can only be litigated in the federal or state courts of Lyon County, Nevada, USA, and we each agree to personal jurisdiction in those courts.
Here are some important details about how to read the Agreement.
If a court with authority over this Agreement finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Agreement. To the extent allowed by law, the English version of this Agreement is binding and other translations are for convenience only. This Agreement (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Agreement, that does not mean that PreHunt has waived its right to enforce this Agreement. You may not assign or transfer this Agreement (or your membership or use of Services) to anyone without our consent. However, you agree that PreHunt may assign this Agreement to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Agreement.
We reserve the right to change the terms of this Agreement and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties.
PreHunt respects the intellectual property rights of others and desires to offer a platform which contains no content that violates those rights. Our User Agreement requires that information posted by Members be accurate, lawful and not in violation of the rights of third parties. To promote these objectives, PreHunt provides a process for submission of complaints concerning content posted by our Members. Our policy and procedures are described and/or referenced in the sections that follow.
Please note that whether or not we disable access to or remove content, PreHunt may make a good faith attempt to forward the written notification, including the complainant’s contact information, to the Member who posted the content and/or take other reasonable steps to notify the Member that PreHunt has received notice of an alleged violation of intellectual property rights or other content violation. It is also our policy, in appropriate circumstances and in our discretion, to disable and/or terminate the accounts of Members, or groups as the case may be, who infringe or repeatedly infringe the rights of others or otherwise post unlawful content.
Please note that any notice or counter-notice you submit must be truthful and must be submitted under penalty of perjury. A false notice or counter-notice may give rise to personal liability. You may therefore want to seek the advice of legal counsel before submitting a notice or a counter-notice.
Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), PreHunt has implemented procedures for receiving written notification of claimed infringements. PreHunt n has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may complete and submit a Notice of Copyright Infringement form, or otherwise provide a written communication which contains:
Please submit your notice to PreHunt Copyright Agent as follows:
PO Box 494
Yerington, NV 89447
If you want to send us notices or service of process, please contact us by mail at:
PO Box 494
Yerington, NV 89447