Houndsman Advantage
Terms of Use
Effective Date: 4-1-2024
Welcome to the Houndsman Advantage, operated by Houndsman Advantage, LLC ("Houndsman Advantage," "we," or "us"). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, "Terms of Use"), govern your access to and use of https://houndsmanadvantage.com/, the Houndsman Advantage mobile application, including any content, functionality, and services offered on or through the website or the mobile application (collectively, the "Services").
YOU, THE USER, (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT AND WARRANT THAT YOU HAVE THE RIGHT, POWER, AND AUTHORITY TO ENTER INTO THESE TERMS OF USE; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS.
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SERVICES, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE TERMS INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE APPLY AND TAKE EFFECT WHENEVER YOU ACCESS OR USE THE SERVICES.
The Services are offered and available to users who are 18 years of age or older and reside in the US or any of its territories or possessions. By using the Services, you represent and warrant that you are of legal age to form a binding contract with Houndsman Advantage and meet all of the foregoing eligibility requirements.
IF YOU DO NOT MEET THESE REQUIREMENTS OR IF YOU DO NOT AGREE TO ABIDE BY THESE OR ANY FUTURE TERMS OF USE, YOU MAY NOT ACCESS OR USE THE SERVICES. DO NOT VIEW, DOWNLOAD, OR OTHERWISE USE OR ACCESS (OR CONTINUE TO USE OR ACCESS) THE SERVICES.
1. Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Services thereafter.
Your continued use of the Services following the posting of the revised Terms of Use means that you accept and agree to the changes. You are expected to check for updated Terms of Use from time to time so you are aware of any changes, as they are binding on you.
2. Accessing the Services and Account Security
a. We reserve the right to withdraw or amend the Services or material we provide on the Services, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Services, or the entire Services, to users, including registered users.
b. You are responsible for both:
i. Making all arrangements necessary for you to have access to the Services.
ii. Ensuring that all persons who access the Services through a single electronic device owned or otherwise controlled by you ("Device") are aware of these Terms of Use and comply with them.
c. To access the Services or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Services that all the information you provide on the Services is correct, current, and complete. You agree that all information you provide to register with this Services or otherwise, including, but not limited to, through the use of any interactive features on the Services, is governed by our Privacy Policy ( https://houndsmanadvantage.com/App_Legal/privacy_policy.html ), and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
d. If you choose or are provided with a username, password, or any other piece of information as part of our security procedures (the "Access Credentials"), you must treat such information as confidential and not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Service or portions of it using your Access Credentials.
e. By registering with the Services and accessing it using your Access Credentials and any other security and identification methods we may require from time to time, such as security questions, you acknowledge and agree that this system includes commercially reasonable security procedures. You further agree to comply with any Houndsman Advantage procedures and processes to obtain any Access Credentials or to further access or use the Services.
f. We have the right to disable any user account, password, Access Credentials or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
3. Intellectual Property Rights
a. The Services and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Houndsman Advantage, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
b. These Terms of Use permit you to use the Services, and only for personal, non-commercial use, and to access/receive the Services. You must not reproduce, distribute, store, or transmit any of the material on the Services except as follows:
i. You may temporarily store copies of such materials on your Device incidental to your accessing and viewing those materials.
ii. You may store files that are automatically cached by your mobile browser for display enhancement purposes.
c. You must NOT:
i. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Services.
ii. Access or use the Services or Services for any commercial purposes other than as set forth above.
iii. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms of Use, your right to use the Services will stop immediately. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and Houndsman Advantage reserves all rights not expressly granted. Any use of the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
4. License Grant
Subject to the terms of these Terms of Use, Houndsman Advantage grants you a limited, non-exclusive, and non-transferable license to:
a. download, install, and use the Services for your personal, non-commercial use on your Device strictly in accordance with the Services documentation; and
b. access, download, and use on such Device the Services made available in or otherwise accessible through the Services, strictly in accordance with these Terms of Use applicable to the Services.
5. License Restrictions
Except as may be expressly permitted by applicable law or expressly authorized by the Services, you shall not:
a. copy the Services, except as expressly permitted by this license;
b. modify, translate, adapt, or otherwise create derivative works or improvements of the Services;
c. reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof;
d. remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Services, including any copy thereof;
e. rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Services, or any features or functionality of the Services, to any third party for any reason, including by making the Services available on a network where it is capable of being accessed by more than one device at any time;
f. use any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on the Services;
g. use any manual process to monitor or copy any of the material on the Services, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent;
h. frame, mirror, or otherwise incorporate the Services or any portion of the Services as part of any other mobile application, website, or service;
i. remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Services.
6. Confidentiality
Except where disclosure is required for legal or regulatory purposes, you and Houndsman Advantage agree that all information, items, records, data and other material provided pursuant to or in connection with the Services shall be kept in strict confidence, shall be used only for the purposes of such agreements, and shall not be disclosed by either party or its agents, without, in each instance, the prior written consent of the other party; provided, however, that you acknowledge and agree that Houndsman Advantage may disclose your information, without your consent or review, to the extent required or permitted by law. Each party agrees to take commercially reasonable precautions to prevent the unauthorized disclosure of such information. All computer programs, manuals, materials, forms, facilities, ideas, concepts, techniques, and know-how used, prepared or developed by us, and any improvements, extensions or modifications thereof, are and shall remain the exclusive property of Houndsman Advantage and may not be used by you, your agents or others, without our prior written consent.
7. Prohibited Uses
You may use the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Services:
a. In any way that violates any applicable federal, state, local, or international law or regulation.
b. For the purpose of harming or attempting to harm animals in any way.
c. To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by us, may harm Houndsman Advantage or users of the Services, or expose them to liability.
Additionally, you agree not to:
d. Use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other party’s use of the Services, including their ability to engage in real-time activities through the Services.
e. Use any Device, software, or routine that interferes with the proper working of the Services.
f. Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
g. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, the server on which the Services is stored, or any server, computer, or database connected to the Services.
h. Attack the Services via a denial-of-service attack or a distributed denial-of-service attack.
i. Otherwise attempt to interfere with the proper working of the Services.
You assume full responsibility regarding the truthfulness and accuracy of information provided by or through you about yourself. All information you provide about yourself must be truthful and accurate to the best of your knowledge.
8. Changes to the Services
We may update the content on this Service from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Services may be out of date at any given time, and we are under no obligation to update such material.
9. Third Party Links
If the Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party Apps linked to this Services, you do so entirely at your own risk and subject to the terms and conditions of use for such Apps.
10. Geographic Restrictions
We provide the Services for use only by persons located in the United States. We make no claims that the Services or any of its Services or content is accessible or appropriate outside of the United States. Access to the Services may not be legal by certain persons or in certain countries. If you use or access the Services from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
11. Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICES, OPERATING SYSTEMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR ON ANY APP LINKED TO IT.
YOUR USE OF THE SERVICES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER HOUNDSMAN ADVANTAGE NOR ANY PERSON ASSOCIATED WITH HOUNDSMAN ADVANTAGE MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER HOUNDSMAN ADVANTAGE NOR ANYONE ASSOCIATED WITH HOUNDSMAN ADVANTAGE REPRESENTS OR WARRANTS THAT THE SERVICES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SERVICES OR THE SERVER THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, HOUNDSMAN ADVANTAGE HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
12. Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL HOUNDSMAN ADVANTAGE, ITS PERSONNEL, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, ANY APPS LINKED TO IT, ANY CONTENT ON THE SERVICES OR SUCH OTHER APPS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
13. Indemnification
You agree to defend, indemnify, and hold harmless Houndsman Advantage, its personnel, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys fees) arising out of or relating to your violation of these Terms of Use or your use of the Services, including, but not limited to, any use of the Services’ content, the Services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Services.
14. Governing Law and Jurisdiction
All matters relating to the Services and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Indiana without giving effect to any choice or conflict of law provision or rule (whether of the State of Indiana or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Indiana, in each case located in Marion County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
15. Waiver and Severability
No waiver by Houndsman Advantage of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Houndsman Advantage to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
16. Entire Agreement
The Terms of Use and our Privacy Policyconstitute the sole and entire agreement between you and Houndsman Advantage regarding the Services and Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services and Services.
17. Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the Services should be directed to the Contact Information section below.
18. Contact Information
To ask questions or comment about these Terms of Use, contact us at:
Houndsman Advantage, LLC
1428 S 100 E
Portland, Indiana 47371