THE HUNT AGENCY, LLC
TERMS AND CONDITIONS
These Terms and Conditions (“Agreement”) is a legal agreement between each user who is using this site (“User”) and The Hunt Agency, LLC, a Minnesota limited liability company (“The Hunt Agency”). This Agreement governs the User’s use of The Hunt Agency’s website located at thehunt.agency, as it may change from time to time (“Website”). The Hunt Agency and User are generally and interchangeably referred to herein individually as “Party” and collectively as “Parties.”
1. Purpose of the Agreement.
1a. Terms. The Hunt Agency provides the Website subject to User’s compliance with this Agreement and all the terms, conditions and notices contained or referenced herein, as well as any other written agreement between The Hunt Agency and User and any posted guidelines or rules applicable to the services or materials provided by the Website that may contain additional terms and conditions all of which are incorporated herein by reference, and all of which, together with this Agreement, constitute the “Terms of Use.”
1b. Acknowledgement. By using the Website in any manner and to any degree, User agrees to be bound by the Terms of Use. IF USER DOES NOT WISH TO BE BOUND BY THE TERMS OF USE, USER SHOULD NOT USE THE WEBSITE. User’s remedy for dissatisfaction with the Website is to stop using it. The Terms of Use become effective immediately upon User’s use of the Website.
1c. Modification. The Hunt Agency reserves the right to change these Terms of Use from time to time without notice to User. User acknowledges and agrees that it is User’s responsibility to review these Terms of Use periodically and to be aware of any modifications. User’s continued use of the Website after such modifications will constitute User’s acknowledgement of the modified Terms of Use and agreement to abide and be bound by them.
2. Services. “Services” include all services available on the Website that are provided by The Hunt Agency, namely, providing a web-based platform for freelance professionals and companies seeking freelancing services to connect with one another. The Hunt Agency offers freelance professionals the opportunity to use the Website on an invitation-only basis. This curation is based upon The Hunt Agency’s personal assessment of each freelancer’s level of experience and reputation in the community. The Hunt Agency does not curate the list of companies wishing to hire freelance professionals. Such companies may use the Services so long as they comply with this Agreement.
The Hunt Agency does not make any substantive or procedural determinations about whether users accurately represent themselves, whether users are a good fit for connection with one another, or anything else. The Hunt Agency makes no guarantee regarding any particular result. The Hunt Agency’s sole function is to provide the platform and mechanism by which users have the opportunity to find one another. As such, The Hunt Agency is not responsible for User’s experience on the Website (including User’s interactions with other users and/or with any services provided separately by a third party, even if the third party advertises such services on the Website) or for any act, occurrence, consequence, or result that comes from or is related to User’s use of the Website.
The Hunt Agency reserves the right to modify or discontinue the Website, including any features therein, at any time with or without notice to User. The Hunt Agency shall not be liable to User or any third party in the event The Hunt Agency chooses to exercise such right. User understands and agrees that temporary interruptions of the Services may occur as normal events. User further understands and agrees that The Hunt Agency has no control over third party networks accessed in the course of the use of the Website, and therefore, delays and disruption of other network transmissions are beyond The Hunt Agency’s control.
The Services and the Website are provided “AS IS” with no warranty of any kind.
3. Conduct on Site. User’s use of the Website is subject to all applicable laws and regulations. By using the Services, User agrees not to share, post, or otherwise distribute or facilitate distribution of any of the Website content in an objectionable manner. “Content” is defined fully below and includes, without limitation, any text, communications (whether written, verbal, or otherwise), software, images, sounds, data, or other information contained on, or coordinated through, the Website. “Objectionable” includes, without limitation, any communication that:
3a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous or contains explicit or graphic descriptions or accounts of sexual acts, including, without limitation, sexual language of a violent or threatening nature directed at another individual or group of individuals or otherwise violates The Hunt Agency’s rules or policies;
3b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
3c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
3d. constitutes spamming, which is defined as unauthorized or unsolicited advertising, junk or bulk email, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
3e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any of The Hunt Agency’s or third party data, or any other information of any third party;
3f. impersonates any person or entity, including any of The Hunt Agency’s employees, representatives or Affiliates;
3g. attempts to breach another user’s online security, interferes with another user’s use and enjoyment of the Website or other services provided to them through the Website, or attempts to gain unauthorized access to another network or server.
4. User Data. Subject to any applicable privacy policy, User is solely responsible for the contents of any of User’s communications submitted, transmitted, displayed, posted or shared through the Website, or to The Hunt Agency, for any reason, including the User’s name, age, and contact information (“User Data”).
Unless otherwise established, User shall retain all rights in the User Data. User is solely responsible for determining whether User Data is appropriate to use on the Website or to share with The Hunt Agency, other users, or other third parties. User agrees to take full and sole responsibility for, and to indemnify The Hunt Agency from, any causes of action or other liability caused by the transmission of protected, sensitive, proprietary or personal data, whether belonging to User or to a third party, to the Website and/or The Hunt Agency.
You represent and warrant that you have the right to enter in to this Agreement and that doing so will not infringe on the rights of any third party.
5. Intellectual Property. For purposes of the Terms of Use, “The Hunt Agency Content” is defined as any information, content, design, compilation, magnetic translation, digital conversion organization, communications, software, photos, video, graphics, music, sounds, and other material and services that relate to The Hunt Agency or the Website, or can be viewed or used by Users on the Website. By accepting the Terms of Use, User acknowledges and agrees that unless expressly stated otherwise, all The Hunt Agency Content is solely owned by and is the property of The Hunt Agency and/or its Affiliates and is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. The Hunt Agency’s content includes, but is not limited to all names, trademarks, service marks, logos, commercial symbols and styles used by The Hunt Agency in providing its Services.
By using the Website, you grant The Hunt Agency with a non-exclusive, royalty free, fully paid up, worldwide right and license to publicly display the work and other intellectual property that you upload to the Website and to use your profile and your work and other intellectual property to promote the Website and Services. You will remain the sole owner of all User Data, and you may withdraw your consent to our use of it at any time.
6. Third Party Sites and Information. The Website may link User to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These other sites and parties are not under The Hunt Agency’s control, and User acknowledges that The Hunt Agency is not responsible for the accuracy, copyright compliance, legality, decency or any other aspect of the content of such sites nor is The Hunt Agency responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by The Hunt Agency or any warranty of any kind, either express or implied. Users who link to third party sites should review each such site for the applicable privacy policy and terms of use, which will govern the third party’s actions regarding the use of personally identifiable information, intellectual property, and other terms and conditions.
7. Disclaimer. The information, content and documents available on or through the website are provided “as-is,” “as available,” and “with all faults.” The Hunt Agency disclaims all warranties, express or implied, including, but not limited to, the disclaimer of any implied warranties of merchantability and fitness for a particular purpose and the warranty of noninfringement.
The website may contain bugs, errors, problems, inaccuracies or other limitations. Without limiting the foregoing, The Hunt Agency makes no warranty that the Services will meet User’s requirements; or that the Services, interactions, results, contents or any other aspect of the Website will be error free, reliable, effective, accurate, uninterrupted, timely, or secure.
No advice or information, whether oral or written, from any person, including, but not limited to other users, coaches, recruiters, employers, schools, Affiliates, or anyone else shall create any warranty, representation or guarantee not expressly stated in the Terms of Use. All responsibility or liability for any damages caused by viruses contained within any form or document, or transmitted through the Website is disclaimed.
The use of the Services, including connection with other users, is done at User’s own discretion and risk and User will be solely responsible for any damages that may result from such activities.
The Hunt Agency may make changes to the Services, features, functionality or Content of the Website at any time without notice.
Through User’s use of the Website, User may have the opportunity to engage in commercial transactions. User acknowledges that all transactions relating to any merchandise or services offered by a third party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and User. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
8. Limitation of Liability. User’s exclusive remedy and The Hunt Agency’s entire liability, if any, for any claims arising out of the Terms of Use and User’s use of the Website shall be limited to the amount User paid The Hunt Agency for the Services on the Website, if applicable, provided, however, that in no event shall The Hunt Agency’s entire liability exceed five thousand dollars ($5000) or the total amount in fees that User has paid The Hunt Agency, whichever is less.
In no event shall The Hunt Agency be liable to User or any Third Party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages at all, arising under any theory of liability, other than those expressly provided for in this Agreement. Further, The Hunt Agency shall not be liable in any way for Third Party Goods and Services even if offered through the Website.
The Hunt Agency is separate from and assumes no liability for the actions of any other participant in the Services on, or through the Website.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO USER.
9. Indemnification. User agrees to indemnify, defend and hold The Hunt Agency and Affiliates harmless from all liability, loss, claim and expense, including attorney’s fees, related to User’s violation of the Terms of Use or misuse of the Website. The Hunt Agency hereby reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by User, in which event User will cooperate with The Hunt Agency in asserting any available defenses.
10. Privacy Policy. The Hunt Agency’s privacy policy, as it may change from time to time, is a part of the Terms of Use. The Privacy Policy will address the types of information collected, the intended use of such information, and safeguards The Hunt Agency implements to ensure the safety of personal information. User is solely responsible for reviewing any privacy policy incorporated into the Terms of Use.
11. International Use. Although the Website may be accessible worldwide, The Hunt Agency makes no representation that materials on the Website are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Users who access the Website from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, Services and/or information made in connection with the Website is void where prohibited.
12. Termination of Use. User agrees that The Hunt Agency may, in The Hunt Agency’s sole discretion, terminate or suspend User’s access to all or part of the Website with or without notice and for any reason, including, without limitation, breach of the Terms of Use. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating User’s relationship and may be referred to appropriate law enforcement authorities. Upon termination or suspension, regardless of the reasons therefore, User’s right to use the Services available on the Website shall immediately cease and User acknowledges and agrees that The Hunt Agency may immediately block User’s access to the Website. The Hunt Agency shall not be liable to User or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by The Hunt Agency in connection therewith. Sections relating to indemnification, limitation of liability and intellectual property rights within the Terms of Use, as well as User’s liability for any unpaid fees, if any, along with any other terms that are intended to survive termination, shall specifically survive any such termination.
13. Governing Law. By accessing the Website, User agrees that the statutes and laws of the State of Minnesota, without regard to the conflicts of laws principles thereof, will apply to all matters relating to the use of the Website. User agrees and hereby submits to the exclusive personal jurisdiction and venue of the District Court of Hennepin County and the United States District Court for District of Minnesota with respect to such matters.
14. Legal Compliance. User agrees to comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding User’s use of the Website and the Content and materials provided therein.
15. Time Restrictions. Any cause of action by User with respect to the Website and/or any Content, documents, products, if applicable, or Services related thereto, must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
16. Agency. The Hunt Agency website is not a recruitment company or a staffing agency; The Hunt Agency website is a third-party platform only. The Hunt Agency does not broker, coordinate, or enter into employment relationships with any user, nor does The Hunt Agency provide recruitment or staffing services to any user through the website. If the User desires specific staffing referrals, consulting, and/or full-time recruiting services, the User may work with The Hunt Agency directly and separately from the website. In this instance, the User will agree to pay The Hunt Agency a fee equal to 10% of the referred candidate’s freelance compensation for the duration of the project and/or contract. Should the User decide to hire any candidate from The Hunt Agency’s website or through a custom referral for a full-time position, The User agrees to pay The Hunt Agency a fee equal to 10% of the candidate’s first-year, annual compensation. These fees are in addition to any membership fees already paid to use The Hunt Agency website.
17. Assignment. The Hunt Agency, in its sole discretion, may automatically assign this Agreement and all incorporated agreements. User may not resell, assign or transfer any of its rights or obligations under the Terms of Use, in whole or in part, without The Hunt Agency’s prior written consent and any attempt to resell, assign or transfer will be null and void.
18. Interpretation. If a court finds any provision of the Terms of Use invalid or unenforceable, the remainder of the Terms of Use shall be interpreted so as to best affect the intent of the Parties or the Parties agree that the maximum period or scope legally permissible under such circumstances will be substituted for the period or scope stated herein.
19. Waiver. The waiver of one Party of a breach of any provision of this Terms of Use Agreement by the other Party shall not operate or be construed as a waiver of any subsequent breach.
20. Complete Agreement. The Terms of Use and all incorporated agreements expresses the complete understanding of the Parties with respect to the subject matter and supersedes all prior representations and understandings between the Parties. To the extent that any incorporated agreements conflict with or are inconsistent with the Terms of Use, the stricter provision shall prevail.
21. Amendment. At any time, The Hunt Agency may amend the Terms of Use without specific notice to User. The latest Terms of Use will be posted on the Website, and User should review the Terms of Use prior to using the Website.
22. Notices. All notices to a Party shall be in writing and shall be made either via email or conventional mail. Notices to User may be sent to the email address, Facebook address, or physical address of User as available to The Hunt Agency. The Hunt Agency, at its sole discretion, may broadcast notices or messages through the Website to inform User of changes to the Website or other matters of importance, and such broadcasts shall constitute notice to User. Any notice or communication under these Terms of Use will be deemed delivered to the Party receiving such communication on the delivery date, if delivered personally to the Party; two (2) business days after deposit with a commercial overnight carrier, with written verification of receipt; five (5) business days after the mailing date, if sent by U.S. mail, return receipt requested; on the delivery date if transmitted by confirmed email; or on the date of posting if transmitted by broadcast on the Website.
23. Attorneys’ fees. In any action, formal or informal, initiated by The Hunt Agency to enforce the Terms of Use, The Hunt Agency will be entitled to costs and attorneys’ fees.
24. Force Majeure. In addition to any excuse provided by applicable law, The Hunt Agency shall be excused from liability for non-delivery or delay in delivery of Services available through the Website arising from any event beyond The Hunt Agency’s reasonable control, whether or not foreseeable by either Party, including, without limitation, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond The Hunt Agency’s reasonable control, whether or not similar to those which are enumerated above.