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.
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.
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.
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.
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.
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.
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.
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.
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.
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.