Last updated October 15, 2023
Introduction
1. By using or accessing huntwithodin.com, a subdomain, any mobile application or any other website operated by Huntwithodin Inc ("Odin") on which these Terms and Conditions are posted via a link or otherwise ("the Service"), you acknowledge and agree that you are subject to the following terms and conditions, as well as our Privacy Policy, which also governs your use of the Service, and is incorporated by reference (These Terms and Conditions with the Privacy Policy shall be referred to as the "ToS").
2. Your access to and use of the Service is conditional on your acceptance of the ToS and any additional terms that may be provided or presented to you when you use certain features of the Service, all of which are incorporated into the ToS by this reference. This Agreement governs Your use of the Service. You agree that Your purchases are not contingent on the delivery of any future functionality or features, or dependent on any oral or written public comments made by Odin regarding future functionality or features.
A. Privacy
1. When you provide your e-mail address, name or other information to Odin in connection with your use or access of the Service Odin to add your e-mail address, name or other information provided to our database of users. Your use of the Site signifies your acknowledgment of, and agreement with, our Privacy Policy. We adhere to strong principles of privacy. You agree that we may access and use your user-contributed content in accordance with these Terms or our Privacy Policy and we agree that we will only disclose your user-contributed content in accordance with these Terms and our Privacy Policy.
B. Rights
1. Odin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to: (i) access, view and interact with the Service for your personal, non-commercial use only; and (ii) print a reasonable number of pages for your personal, non-commercial use only.
2. To the extent that the Service provides access to any online software, applications or other similar components, then Odin grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use such components within the online platform provided by Odin and only for your personal, non-commercial purposes.
3. All rights granted to you under this ToS are subject to your compliance with the ToS in all material respects. Your access to and use of the Service must further comply in all material respects with any usage guidelines posted by Odin.
C. Legal Age
1. You represent and warrant that you are: (i) over eighteen years of age or the age of majority in your jurisdiction, whichever is greater; (ii) of legal age to form a binding contract; and (iii) not a person barred from using the Service under the laws of your country of residence or any other applicable jurisdiction.
D. Accounts
1. You may browse the Service without registering, but some features may not be accessible unless you register. In registering for the Service, you agree to: (i) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (the "Registration Data"); and (ii) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
2. You are fully responsible for all activities that occur under your account. You may not share your account or password with anyone. You agree to notify Odin immediately of any unauthorized use of your account or password or any other similar breach of security.
E. Fees
1. You are solely responsible for any data, usage and other charges assessed by mobile, cable, internet or other communications services providers for your access to and use of the Service.
2. If you sign up for a subscription-based membership, your membership will automatically renew at the conclusion of the then-current term unless you turn off auto-renewal at least twenty-four (24) hours before the conclusion of the then-current term.
3. Odin reserves the right to change membership fees at any time and Odin may begin charging for products, content or services that it currently offers for free. Odin will notify you at least 30 days in advance of your auto-renewal if the price of your membership fee has increased. If you have any questions about the status of your membership, please contact us at: support@huntwithodin.com.
F. Content
1. You acknowledge and agree that all information, maps, data, data records, databases, text, software, music, sounds, photographs, images, graphics, videos, messages, scripts, tags and other materials accessible through the Service, whether publicly posted or privately transmitted ("Content"), are the sole responsibility of the person from whom such Content originated.
2. You acknowledge and agree that Odin has no obligation to pre-screen Content, although Odin reserves the right in its sole discretion to pre-screen, refuse or remove any Content.
3. To the extent that you submit any Content, you represent and warrant that: (i) you have all necessary right and authority to grant the rights set forth in the ToS with respect to Your Content; and (ii) Your Content does not violate any copyright, trademark, right of privacy, right of publicity or any other right of any other party and does not contain false or misleading statements.
4. You grant Odin and its service providers a perpetual, irrevocable, worldwide, royalty-free, fully-paid-up, non-exclusive, sublicensable, transferable license to use, reproduce, modify, adapt, create derivative works from, publicly perform, publicly display, distribute, make and have made Your Content in connection with the Service.
5. Except with respect to Your Content, you acknowledge and agree that Odin and its licensors own all rights, title and interest in the Service and all Content and other materials within the Service.
G. Acceptable Conduct
1. In connection with your access to or use of the Service, you shall not:
- Upload, post, email, transmit or otherwise make available any Content that is illegal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful or otherwise objectionable.
- Impersonate any person or entity, including Odin personnel, or falsely state or otherwise misrepresent your affiliation with any person or entity.
- Act in a manner that negatively affects other users' access to or use of the Service.
- Interfere with or disrupt the Service or servers or networks connected to the Service.
- Use spiders, crawlers, robots, scrapers, automated tools or any other similar means to access the Service or substantially download, reproduce or archive any portion of the Service.
- Sell, share, transfer, trade, loan or exploit for any commercial purpose any portion of the Service.
- Violate any applicable local, state, provincial, federal or international law or regulation.
H. Feedback
1. From time to time, users submit to us ideas or suggestions pertaining to our business. If you choose to submit any ideas, original creative artwork, suggestions or other works in any form to us, your submission and its contents will automatically become the property of Odin, without any compensation to you.
I. Updates
1. Odin reserves the right at any time to modify, suspend or discontinue the Service (or any portion thereof) with or without notice; provided, however, that in the event of discontinuance, you will be entitled to receive a prorated refund for the unused portion of any active subscription.
2. Odin may at its sole discretion from time to time develop patches, bug fixes, updates, upgrades and other modifications to improve the performance of the Service ("Updates").
3. Odin reserves the right to change the ToS at any time upon notice to you. The updated ToS are binding on you as of the next date that you use the Service after the date of updated ToS.
J. Indemnification
1. You will indemnify and hold Odin and its affiliates, and each of their officers, directors, employees, agents, partners and licensors harmless from and against any claim, demand, loss, damage, cost, liability and expense, including, but not limited to, reasonable attorneys' fees, resulting from or arising out of your: (a) access to or use of the Service; (b) violation of the ToS or any law or regulation; or (c) violation of any rights of another party.
K. Warranties Disclaimer
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITH ALL FAULTS, AND ODIN PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED.
ALL CONTENT MADE AVAILABLE THROUGH THE SERVICE IS MADE AVAILABLE FOR INFORMATIONAL PURPOSES ONLY. DO NOT USE THE SERVICE FOR ANY PURPOSE REQUIRING PRECISE DIRECTION, DISTANCE OR LOCATION.
IT IS YOUR RESPONSIBILITY TO: OBEY ALL APPLICABLE LAWS, RULES, REGULATIONS, RESTRICTIONS, ADVISORIES AND POSTINGS; USE YOUR COMMON SENSE AND DUE DILIGENCE; VISUALLY VERIFY BOUNDARIES, ROADS, TERRAIN AND TRAILS FOR ACCESS AND SAFE CONDITIONS; CHECK LOCAL WEATHER, FIRE AND AVALANCHE FORECASTS DAILY AND PLAN AHEAD.
L. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT ODIN PARTIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS OR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES. IN NO EVENT SHALL ODIN PARTIES' TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE GREATER OF FIFTY DOLLARS ($50) OR THE AMOUNT PAID BY YOU TO ODIN FOR ACCESS TO THE SERVICE WITHIN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE APPLICABLE CLAIM AROSE.
M. Remedies
1. The exclusion of damages under Section L is independent of your exclusive remedy and it survives even if the exclusive remedy fails of its essential purpose or otherwise is deemed unenforceable.
N. Choice of Law
1. This Agreement shall be governed by Colorado law without giving effect to any conflicts of laws principles that require the application of the law of a different jurisdiction. Any action for enforcement or interpretation of this Agreement must be instituted only in the state or federal courts in the County of Denver, State of Colorado.
O. Term and Termination
1. In the event that you violate the ToS: (a) all rights granted to you under the ToS shall terminate immediately, with or without notice; (b) you must immediately cease using the Service; and (c) Odin, in its sole discretion, may remove and discard Your Content.
P. Agreement to Arbitrate
1. You and we mutually agree that any disputes between us arising out of or relating in any way to our Service, these Terms, our Privacy Policy, any services or products provided by us or any of our subsidiaries shall be resolved through binding arbitration.
2. You and we agree that any and all proceedings to resolve Claims will be conducted only on an individual basis and not in a class, consolidated, or representative action. You and we further acknowledge that you are each waiving your right to a jury trial.
3. Prior to initiating arbitration, you agree to give us the opportunity to resolve any Claims by notifying us of the Claim in writing and attempting in good faith to negotiate an informal resolution. You must send a written and signed Notice of Dispute addressed to: support@huntwithodin.com.
Q. General
1. The ToS constitutes the entire agreement between you and Odin concerning your access to and use of the Service. It supersedes all prior or contemporaneous oral or written negotiations and agreements between you and Odin with respect to such subject matter.
2. If you have questions, concerns or suggestions regarding the Service, your account or the ToS, please contact us at: support@huntwithodin.com.