MEMBERSHIPS:
LeaseHunter currently offers a free "Regular" Membership at sign-up with the option to upgrade to "Pro-Member" status when ready to start contacting lease owners. Regular members get monthly email newsletters, special alerts on the Texas hunting scene, and access to our Saved-Search Feature.
As of December 2, 2011, we offer two levels of "Pro-Member" Subscriptions. These presently are a Monthly Recurring Subscription for $12.95 (Cancel at anytime via PayPal) and a Six-Month Subscription for $29.95. See our FAQs to learn more on common questions about the site.
(1) DO I REALLY NEED TO READ THIS? Yes, it is a binding legal contract.
Thank you for stopping by LEASEHUNTER.COM. By viewing or otherwise using this site, you are representing to us that you have read, understood, and agreed to the Terms of Use and Privacy Policy (collectively, "conditions") that follow. Your right to access and use the website extends only to the degree to which you agree to and are complying with all of the terms set out here.
Because these conditions place important limitations on some rights, you are encouraged to have your own legal counsel explain any that are not clear to you and to advise you whether it would be better to accept these conditions so you can view and use the site, or to refuse to agree and so give up the option of viewing/using the site. Access to and use of this site without your pre-agreement to all these conditions is unauthorized and may be illegal, give us the right to sue you, or both. For example, the federal Computer Fraud and Abuse Act, 18 U.S.C. §1030, makes unauthorized use and access a crime.
As used below, "us" and "we" refers individually and jointly to LEASEHUNTER.COM and its owner, Texas Outdoor Specialties, LLC. The question-and-answer format used is for readability, not to limit meaning.
We may make and post changes to these terms and policies without advance notice, for reasons such as the evolving nature of the Internet and the law or comments from people like you. Each new visit or other use of this site constitutes an agreement to the latest version of this web page. Looking at the "last updated" date may help you determine if you need to review this page again for changes.
(2) WHO OPERATES THIS SITE? Texas Outdoor Specialties, LLC does.
LEASEHUNTER.COM ("Leasehunter") is one of the names under which Texas Outdoor Specialties, LLC does business. As reflected by the name, we are a Texas-based limited liability company ("LLC"). In the absence of special circumstances, Texas and many other states generally do not allow someone who is suing an LLC to reach through the LLC to individually sue any of its members, managers, or employees, nor to try to recover assets other than those of the LLC itself. In the unlikely event that you or someone on your behalf does sue or initiate any other legal action against us, you will name only us as parties. You will not name any member, manager, employee, agent, or independent contractor of ours as a party to the suit and will not seek to recover other than out of any assets belonging to us as the limited liability company operating this website.
(3) WHOM DO I CONTACT WITH QUESTIONS OR COMMENTS ABOUT THE SITE?
Click Here to use our e-mail form for comments and questions.
If you have issues of a legal nature regarding the site (other than requests to interpret these terms of use and privacy policy), you instead will be sending your communication to the Schleicher Law Firm, PLLC/8283 Bosque Blvd./Waco, TX 76712, by U.S. Mail, certified, with return receipt requested. You will let us know within 30 (thirty) days of viewing it if you come across material on this site that you believe to be inaccurate, misleading, or otherwise improper, also providing a copy of the material. The law firm also is the agent for purposes of serving notices under the Online Copyright Infringement Liability Limitation Act.
(4) DO I HAVE AN ABSOLUTE RIGHT TO VIEW AND USE THIS SITE? No.
As mentioned earlier, you cannot view or use this site unless you have agreed to these terms and policies. Further, we reserve the right to deny access to this website, or any service provided through this website, to anyone who we believe to have violated or who we expect to violate the terms and policies or who, in our judgment, interferes with the ability of others to enjoy this website, or infringes the rights of others, or for any other reason not specifically prohibited by law. If we decide to limit your access, we do not have to explain why.
(5) WHO OWNS THE COPYRIGHTS AND OTHER INTELLECTUAL PROPERTY FOR THIS SITE?
We do for most of it; others may as to the rest.
Based on your representation that you understand and agree to these conditions, we have given you a limited license to use this site, but retain our intellectual property rights in it. The materials available through Leasehunter are our property, of others as indicated, or both, and are covered by copyright, trademark and other intellectual property laws. You can display and print them for your personal use, but not as part of operating your own business. Nor may you distribute them to others. You will not pass on any information obtained from this site except in furtherance of your personal and legitimate use of it. For example, you will not e-mail information from it, nor paste it into another document. These restrictions prohibit even the free redistribution of material from our website.
On the other hand, we do appreciate it when you tell your friends about us and encourage them to visit the site. If you want to reproduce or make another use of anything on the website, you will first contact us to see if you can have our written permission to make an exception for you. We also welcome you to link to this site so long as the page on which the link appears does not suggest we sponsor or endorse your site, that we otherwise are affiliated with you, nor offer material that is illegal or patently offensive. Unless you have advance written approval from us, you will not use in-line links, frames, or similar techniques to cause any of our material to appear within your website or otherwise to display it while the person viewing the information remains within your website.
(6) WHO OWNS THE RIGHTS TO MATERIAL I SUBMIT TO THE SITE?
You grant us the copyright in it, but you retain unlimited rights to use it for other purposes.
To best protect those providing us with information from misuse of it by third-parties, you designate us as the copyright owners of any material you submit to us, with you retaining an unlimited license to make other uses of it. That is, you assign us the copyright interests in it. This makes it easier for us to pursue people and companies who repost it elsewhere without your permission or ours. You still may freely submit the information to others, even for sale, but we retain a copyright as to our use of it.
Our use of what you post is without compensation to you beyond what you may receive from someone deciding to lease the property. Your permission for us to use the material extends to any format (Internet or otherwise) and to anyone acting on our behalf. We may identify you as the source of the information in such materials and may edit them as we deem appropriate or not, such as to remove inappropriate content or to use only a portion of a photo. You represent to us that you are the full owner of all rights for any material you submit to us.
(7) ARE THERE OTHER INTELLECTUAL PROPERTY ISSUES I NEED TO KNOW ABOUT? Yes.
You will not use any protected information (trademarked, copyrighted, etc.) from this website without the advance written consent of its owner. Leasehunter.com is a registered name in which we conduct business and you agree not to use it or "Leasehunter" for any purpose but utilization of this website.
If you believe something on this website violates your or someone else's copyright or other intellectual property rights, please notify us through contact with our legal counsel (see paragraph 3 above). If claiming a copyright violation, you must comply with the notice requirements of the federal Online Copyright Infringement Liability Limitation Act. To the greater of any time period set out under that Act or (if allowed by law) 30 (thirty) days, you will allow us an opportunity to research whether the material does in fact appear to be infringing before we are required to remove it.
(8) ARE THERE CONDITIONS MORE SPECIFICALLY APPLICABLE TO LISTINGS? Yes.
First, we reserve the right to decline to accept any proposed listing or portion of one. We may do so without identifying the reason to you, and even for no reason at all, so long as it is not for a reason that would be illegal. We also may decline to accept listings from a particular person or organization and to place geographic limitations on which listings will be included. We reserve the right to identify and categorize listings in the manner that our own judgment leads us to consider appropriate.
Your sole remedy for any complaint about how we have handled a listing is to withdraw it from future listing and other uses. If that is what you wish to do, you first will attempt to use the standard site features to remove it yourself. If that does not work, you will use our e-mail form or other contact information identified on the site to make a request. We expect to have such listings removed within 15 (fifteen) days of receiving your request, and hopefully sooner. Our liability for any error in a listing further is limited to the amount, if any, that you paid us to post or otherwise include it. As to other claims for damages, you agree that our liability is limited to a refund of your membership fee.
As for your viewing and use of listings submitted by others, you acknowledge that we have not made any independent verification of the accuracy of the listing and trustworthiness of those who submitted the listing, and we make no representation that a listing will meet your particular needs or wants. Instead, the listings are more in the nature of classified advertising, where both the buyer and seller themselves bear the responsibility for ensuring that they receive what they intended to get.
Even so, should you experience any serious problems with a listing or someone responding to a listing, you will notify us within 30 (thirty) days so that we can determine in our judgment how best to respond in regard to continued use of our site by the person or company with whom you had the problem.
You will not hold us liable for any such problems with third-parties, instead seeking relief only from the person or company that directly engaged in the wrongdoing that harmed you. You acknowledge the danger that someone may use a fraudulent listing solely to assist him- or herself in committing wrongdoing. For example, while we hope it will not happen, it could be that an apparently legitimate listing might turn out to be used solely to collect personal information for identity theft. You will exercise caution in providing personal and financial information to those offering listings.
Among the steps you might take to reduce the likelihood of being subject to a fraudulent listing are: (1) promptly informing us if you encounter serious problems as a result of a listing, so that we may determine whether to try to restrict the future use of our site by the alleged offender; (2) being cautious of listings that sound "too good to be true" (3) asking the property owner for recent references; (4) attempting to independently verify that the property address, owner name, and owner contact information match; (5) considering whether the person offering a listing seeks too much financial or personal information or requires a substantially higher up-front payment than others with similar listings; (6) asking about any policy the lister may offer regarding refunds; (7) not disclosing information that should not be necessary to process a payment, such as social security number or date of birth; and (8) safeguarding your login and password from disclosure and regularly changing them.
We do not accept advertising that we know to discriminate or that intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. If you believe a listing violates this policy, please notify our legal counsel as identified in paragraph (3) above. We are not responsible for errors or omissions in listings, but expect those submitting them to verify the accuracy of any claims made in them. This is a family-oriented website and when we receive legitimate complaints about the content of a listing, we expect to modify or delete them as needed.
(10) DO YOU GUARANTEE PRODUCTS AND SERVICES INCLUDED ON THE SITE? No.
We use this website primarily as a forum for those with property available for lease to make connections with those who desire to lease property. At times we may conclude it is beneficial to provide links to other websites, products, and services. Unless specifically indicated at the link, we make no representation as to the value, safety, reliability, or other benefits offered through such links. Some of these links may be included as a result of compensation to us for listing them. You are responsible for independently investigating the appropriateness of conducting business and exchanging information with any persons or companies other than us that you reach through such links. You will not hold us liable for any problems you experience with a company, product, or service merely because we provided a link to it or it was featured in an advertisement on this site.
We have tried to make this website as automated as possible so that the information offered is up-to-date, so there is a lessened risk of errors being introduced by us in posting the listings, and so as many listings as possible are available without requiring our personal attention to each. Nonetheless, with any such business, and in spite of our efforts to the contrary, some users of the site are certain to end up disappointed and others feeling that they did not receive what they expected.
(11) ARE THERE OTHER CONDITIONS REGARDING LIABILITY?
Yes, our responsibility is further limited by the disclaimers that follow.
You view and use this site at your own risk. YOU ALONE BEAR RESPONSIBILITY FOR ANY HARM OR LOSS YOU SUFFER AS A RESULT OF USE OF THIS SITE. We do attempt to take action to stop any use of this site that in our judgment is or may appear to be fraudulent, misleading, or otherwise inappropriate. But you acknowledge that despite such efforts, there still may be occasions when listings are inaccurate or a person contacting a person with a listing may not follow through on using the property or may use the property without making payment for that use. If that happens to you, you agree you will not make us a party to any legal dispute that results.
If someone else sues us because of something you are alleged to have done or failed to do, you agree to indemnify us fully from any costs of defense, settlements, judgments, and other expenses and payments. FOR EXAMPLE, IF WE ARE SUED BECAUSE OF THE INACCURACIES OR INAPPROPRIATENESS OF YOUR LISTING, OR BECAUSE YOU FAILED TO MAKE PAYMENT FOR USE OF A LISTED PROPERTY, YOU WILL END UP PAYING ALL THE COSTS AND EXPENSES WE INCUR AS RESULT, EVEN THOUGH WE WILL USE LAWYERS OF OUR OWN CHOOSING TO DEFEND US. This extends even to our legal fees or any amount we might pay as the result of a settlement or a judgment. You also agree to pay any legal fees and costs we incur in attempting to get you to comply with these indemnification provisions.
We specifically disclaim warranties. LEASEHUNTER.COM AND ALL INFORMATION, PRODUCTS, AND SERVICES AVAILABLE THROUGH IT ARE MADE AVAILABLE TO YOU ON AN "AS IS" BASIS, "WITH ALL FAULTS," AND ONLY "AS AVAILABLE." We do not guarantee anything listed or offered will be available when you need or want it. WE MAKE NO WARRANTY AS TO THE ACCURACY OR COMPLETENESS OF INFORMATION PROVIDED, NOR THAT IT COMPLIES WITH INTELLECTUAL PROPERTY RIGHTS AND LAWS. WE ALSO DISCLAIM ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. While we plan to periodically undertake efforts to see that this is the case, computer security is an ever-evolving field and so WE DISCLAIM ANY WARRANTY THAT THE SITE AND PRODUCTS AND SERVICES IT OFFERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. You agree to independently verify that any information you access or download related to this website is free of harmful content.
The limitations on our liability also mean that YOU AND ANYONE SUING ON YOUR BEHALF OR OTHERWISE BECAUSE OF SOME HARM THAT IS CLAIMED TO ARISE FROM USE OF THE SITE WILL NOT EVER SEEK RELIEF FROM US GREATER THAN THE AMOUNT THAT YOU PAID TO USE OUR SERVICES (e.g., not the amount you paid for use of a property being leased) IN THE YEAR IN WHICH THE ALLEGED INJURY IS CLAIM TO HAVE ARISEN. So, for example, if you used only our free services, you could not recover damages from us. As another example, if you had a one-year membership and sued us that year, your damages would be limited to recovery of the cost of that one-year membership. AS WELL, IN NO CASE WILL WE OR ANYONE AFFILIATED WITH US BE LIABLE TO YOU OR SOMEONE ACTING ON YOUR BEHALF OR OTHERWISE BECAUSE OF HARM THAT IS CLAIMED TO HAVE BEEN SUFFERED BY YOU FOR CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE/EXEMPLARY, OR SIMILAR DAMAGES, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (NOT ALL STATES ALLOW SUCH LIMITATIONS ON DAMAGES, SO SOME OR ALL OF THESE DAMAGE LIMITATIONS MAY NOT APPLY TO YOU.)
(12) DO YOU MONITOR USE OF THE WEBSITE? Sometimes.
While we may not review every posting, communication, or transaction that occurs, we reserve the right to do so. For example, if we have suspicions of fraud or misuse, we may monitor what someone might mistakenly assume is a private use of the website for communication between two people. We also may do random monitoring, such as checking in periodically to sample how transactions and communications are occurring, how someone views and uses the site, and in response to complaints. We may monitor web traffic patterns and collect information through the use of techniques such as a WHOIS lookup, search for use of your e-mail address elsewhere on the internet, and reverse IP address inquiry. We may do this not only to gauge use of our website and ensure such use is consistent with our policies and conditions, but also in response to a request from law enforcement, under court order, when we deem it appropriate as a means of attempting to protect the rights or property of others, and otherwise to promote our legitimate business interests.
(13) ARE THERE CERTAIN THINGS THAT YOU ABSOLUTELY DO NOT ALLOW? Yes.
While there are many more improper and unauthorized uses than we could provide in a single list, below are some of the more obvious ones. Engaging in such activities is one of the possible reasons we might limit or ban your future use of this website and other services and products we offer. YOU ALSO AGREE TO FULLY INDEMNIFY US FROM ANY CLAIMS MADE BY OTHERS AS A RESULT OF YOU UNDERTAKING ANY OF THESE PROHIBITED ACTIVITIES.
● Misrepresenting facts about: your identity; property available for lease and other things and services you might offer through the site; your ability to pay for what you obtain through the site; your history with other buyers, sellers, leasers, and users; your compliance with these conditions; your purposes in using the site; the origin of content you submit or offer; or your affiliation or our affiliation with others.
● Communication of information that is: lewd, pornographic, or otherwise of a sexual nature; threatening, appearing to be stalking in nature, harassing, or otherwise harmful; discriminatory; libelous or otherwise defamatory; unlawful; off-topic; intended to promote other commercial ventures (beyond the expected uses of listing properties); confidential, proprietary to others, or otherwise improper for you to disclose.
● Using the site to gather information for spamming, whether of e-mail addresses, fax numbers, or otherwise; using it to store or collect other personal data about others; or taking our lease postings for your own paid or free use on another website. You agree to liquidated damages (that is, a current, educated guess about future damages to provide some certainty before the damages actually arise) of $500 (five hundred dollars) for each user for whom you obtain individually-identifiable information (e.g., one e-mail address) and an additional $500 (five hundred dollars) for each one that can be shown to have been actually used by you or someone else because of you. You also agree to liquidated damages of $500 per lease listing that you improperly distribute to others. These agreed damages for breach of our contract terms are in addition to any we might recover otherwise, such as under copyright law.
● Submitting material that is harmful to the website, us, or other users. Among such material would be computer code, macros, worms, viruses, Trojan horses, and auto-dialers.
● Violating any applicable international, national, state, or local law, rule, regulation, ordinance, or policy. Among such laws are those regarding exporting of technology.
● Accessing the website without full authorization and payment or by any other means that is not ordinary, expected, and generally permissible in using such sites.
● Using false or expired logins, passwords, or applying automated password generator.
● Any other violation of the terms of this website.
(14) ARE THERE AGE RESTRICTIONS ON USE OF THE WEBSITE? Yes.
You represent to us that you are at least 13 (thirteen) years old and that if you are making any purchase from or through the site, that you are at least 18 (eighteen) years of age or otherwise have the legal ability to enter into a binding contract.
(15) HOW AND WHERE WILL DISPUTES BETWEEN YOU AND US BE RESOLVED?
Likely under Texas and U.S. law, in a court in Houston, Texas or Waco, Texas.
You will notify us if you have any complaints or concerns, such as through use of our e-mail form, within 30 (thirty) days of the issue arising. This deadline applies so that we have an adequate opportunity to research the facts while they are still fresh. Use of this website, these conditions, and any other matter arising out of our relationship is—to the maximum extent allowed by law—to be governed by the laws of Texas, but without application of its choice of law rules. Our offering of these conditions, your review and acceptance of them, any payment made related to the website, and performance of this agreement, all are considered to have occurred in Texas, so long as permitted by law. In other words, in the absence of a specific requirement in the law to the contrary, if we have a legal dispute, it will be resolved by applying Texas law and must be filed within a court in the state of Texas. Also to the maximum extent permitted by law, suit must be filed in your choice of either Harris County (i.e., Houston area) and McLennan County (i.e., Waco area). If it is we who first file suit, we also may choose between the state and federal courts in those counties. Also see the important limitations on damages in paragraph 13.
(16) CAN I SHARE MY ACCOUNT WITH FRIENDS AND FAMILY? No.
Any membership you have with us and any other access or use of the website is personal to you as an individual. You agree not to let others sign in using your name/login/password and to be careful in protecting that information from being used by others. You may not sell, assign, or otherwise transfer your membership or login information to anyone else and if your membership is in effect at the time of your death, it expires at that moment. You agree to notify us of others using your account. You agree to be responsible financially and legally for anyone else who uses your account due to you purposefully or carelessly allowing them access to it. We will cancel your membership if we discover it is shared.
(17) DO YOU HAVE ADDITIONAL PRIVACY POLICIES THAT APPLY TO USE OF THE WEBSITE? Yes.
In addition to any matters related to privacy issues above, the following also applies. This applies to information collected through the website, not that you send through other means.
(a) Basic Policy - We generally attempt to collect the minimum amount of information necessary to confirm your identity and to provide services and products through the site, connect those offering and wanting to use lease properties, and verify compliance with our conditions and other policies. We will not intentionally sell, rent, or otherwise disclose your personal or financial information to anyone not affiliated with us without your approval. If we suspect you are engaging in improper activity in relation to the site, we may collect detailed information about you as part of investigation the matter. For example, we may seek to identify your true name, location, IP addresses used, hosting service through which you have internet access, internet and email service providers, and all uses you make of the site.
(b) You Decide What to Share - You must decide the appropriate balance for you between the fact that the more information you provide us, the more we may be able to personalize services and products to your interests, versus the fact that the more information that is disclosed, the less privacy you will have and the higher the chances that some third-party will gain access to it without your permission. Some promotions may require you to provide particular information, but for things such as newsletters and automated notifications, we will attempt not to send these to you unless you have specifically indicated you want them. It is possible that we occasionally may make a mistake in that regard, such that you would need to notify us of it and then we would remove you from the list as promptly as is feasible.
(c) Information Collected - We may collect your name, address, phone number, and other standard contact information. We also may collect financial information. For example, if you join our website and place an order, you may be asked to complete an order form and for information necessary to process payments. While financial and personal information generally is collected by outright asking you for it, some information we may collect without a direct request. For example, we may collect your IP address as part of analyzing website usage and traffic patterns. We may attempt a WHOIS lookup or reverse IP identification if in our judgment you appear to be attempting to misuse the website. We may store information about you and use it to offer you additional products or services, or for purposes such as responding to orders and comments. We also may store information such as credit card numbers, expiration dates, billing addresses, etc., such as when you have agreed to automatic renewals of memberships.
(d) Questions or Comments - If you want to contact us specifically about our privacy policies, you will do so by contacting our law firm identified in paragraph (3) above.
(e) Use by Minors - As noted earlier, we limit use of the free portions of this website to those at least 13 (thirteen) years old and portions requiring payments to those at least 18 (eighteen) years of age. You agree not to let children under your care use this site except in compliance with these age restrictions and the overall conditions. You also agree to ensure that they use caution in not using or misusing this site to provide information to others who may use it for improper purposes. Users who are under 18 (eighteen) are not to provide us with any personally identifying information. (Also see paragraph 16 above about allowing others to use your account.)
(f) Links - By way of links, advertisements, or other connections, you may be transferred from our site to those of other people and organizations. Those sites also may collect information from you, possibly without you knowing it. You should consult the privacy policies of each of those websites regarding your interactions with them as they may be different from ours and we make no representations or warranties as to what information they may collect or what they may do with it.
(g) Cookies - At some point we may place cookies on your computer, such as to prevent you from having to re-login each time you access our website. Most internet browsers allow you to specify that you wish to block cookies either at all times or on a case-by-case basis. If you do not activate such blocking options on your computer, you agree to accept our cookies. If you access another website, such as by a link on ours, they may have different policies regarding cookies. Cookies generally do not read unrelated data on your computer, but if we use them, they may store personalization information and help our system remember things such as which pages on our website you already viewed and how often. Other technologies allowing counting of the total number of people that have viewed a particular page and we may include graphics in things such as e-mailed newsletters that allow us to confirm whether or not they have been viewed. We also may use cookies and other technologies to assist us in processing and tracking purchases you make through the website.
(h) Computer Information - Our website may automatically determine your system, such as browser, operating system, and screen resolution, and your IP address, as part of maximizing your experience in using our website.
(i) Other Uses/Collections - While we have attempted to be comprehensive in setting out the types of information we collect and how we may use it, there may be others that are or become standard to operators of commercial websites or particular software that also apply. Additionally, because the website may be supported in part by advertising revenue, we may provide general information to potential advertisers about the number of uses we have and generally where they are located. We will not provide your individual name or home address as the part of any such disclosure. Finally, we may disclose information collected about you in response to what appears to be a legitimate request from law enforcement or under court order.
(j) Removal – To have information collected about you deleted from our systems (to the extent possible to do so and still provide you the products and services you want), please use our e-mail form to make your request.
(k) Off-Site Storage - We may use off-site storage services and other contractors for web hosting and development services, backup, and order/payment processing. We may have to disclose information to such parties and/or have it stored on their systems as part of operating this website. We will exercise some care in selecting these services and contractors, but cannot promise that they always will be perfect in protecting your personal information. If for some reason they do disclose something that they should not have, you agree that any claim you make will be against them directly and you only would hold us liable if it was extremely clear that we should have known better than to use the service/contractor in the first place. In spite of efforts at security, it may be a hacker or other criminal will be able to get into our system or those of someone else who maintains data for us. You agree not to hold us responsible for criminal conduct committed by third parties.