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Terms of Use....
PLEASE
READ THIS AGREEMENT CAREFULLY BEFORE USING THIS SITE.
This is a binding agreement ("Agreement") between the
McLeod's Trophy Hunts
("McLeod") and you ("You" or Your"). This Agreement
governs Your use of this website (www.cotrophyhunts.com)
(the "Site"), including, without limitation, all content
such as text, information, images, contracts, software
and other downloadable material (collectively, the
"Materials") and all services (the "Services") made
available to You through this Site by McLeod and/or
third parties.
BY DOWNLOADING ANY MATERIALS, USING SERVICES OR USING
THIS SITE, YOU AGREE TO THE TERMS OF THIS AGREEMENT.
1. OWNERSHIP OF MATERIALS
All Materials and Services on this Site are provided by
McLeod unless indicated otherwise. All intellectual
property rights in the Materials and Services (including
copyrights, trademarks, service marks, trade secrets and
patents) are the property of McLeod. McLeod retains all
copyrights in the individual pages, and their
components, and collective works available at the Site.
The Materials and Services are copyrighted and are
protected by federal and worldwide copyright laws and
treaty provisions. They may not be copied, reproduced,
modified, published, uploaded, posted, transmitted,
performed, or distributed in any way, without McLeod's
prior written permission. All other names and trademarks
are the property of their respective holders.
2. SINGLE COPY LICENSE
Any unauthorized use of any Materials or Services at
this Site may violate copyright, trademark, and other
laws. You may download one copy of the Materials found
on the Site for use with the Services. This is a
license, not a transfer of title, and is subject to the
following restrictions: You may not: (a) modify the
Materials or Services or use them for any commercial
purpose, or any public display, performance, sale or
rental; (b) decompile, reverse engineer, or disassemble
software Materials or Services except and only to the
extent permitted by applicable law; (c) remove any
copyright or other proprietary notices from the
Materials or Services; (d) transfer the Materials to
another person. You agree to prevent any unauthorized
copying of the Materials or Services.
3. TERMINATION OF THIS LICENSE
McLeod may terminate this license at any time if You are
in breach of the terms of this Agreement. Upon
termination, You will immediately destroy the Materials
and cease the use of the Services.
4. SECURITY
Certain pages on this Site are intended by McLeod to
require an e-mail address and password to access and use
the Materials and Services on the Site. Certain other
Materials or Services on the Site may require additional
codes. You are solely responsible for (1) maintaining
the strict confidentiality of the e-mail address,
passwords and codes (collectively, "IDs") assigned to
you, (2) any charges, damages, or losses that may be
incurred or suffered as a result of Your failure to
maintain the strict confidentiality of the IDs and (3)
promptly informing McLeod in writing of any need to
deactivate an ID due to security concerns. McLeod is not
liable for any harm related to the theft of Your IDs,
Your disclosure of Your IDs, or Your authorization to
allow another person or entity to access and use the
Site using Your IDs. You agree to immediately notify
McLeod of any unauthorized use of Your IDs.
5. GENERAL DISCLAIMERS
THESE MATERIALS AND SERVICES ARE PROVIDED "AS IS"
WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND
INCLUDING WARRANTIES OF MERCHANTABILITY,
NON-INFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS
FOR ANY PARTICULAR PURPOSE, OR WARRANTIES ARISING BY
COURSE OF DEALING OR CUSTOM OR TRADE. IN NO EVENT SHALL
McLeod, ITS PARENTS, SUBSIDIARIES, AFFILIATES AND THEIR
RESPECTIVE MEMBERS, DIRECTORS, OFFICERS, EMPLOYEES,
STOCKHOLDERS AND AGENTS BE LIABLE TO YOU OR ANY OTHER
ENTITY FOR ANY AND ALL DAMAGES, INCLUDING BUT NOT
LIMITED TO DIRECT, COMPENSATORY, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES
(INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF
PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION AND
LOSS OF BUSINESS OPPORTUNITIES) ARISING OUT OF OR
RELATING TO (1) THE USE OF OR INABILITY TO USE THE
MATERIALS OR SERVICES, OR (2) RELIANCE ON THE CONTENT,
MATERIALS OR SERVICES; OR (3) ERRORS, INACCURACIES,
OMISSIONS, DEFECTS, UNTIMELINESS, SECURITY BREACHES, OR
(4) ANY OTHER FAILURE TO PERFORM BY McLeod OR McLeod'S
CONTENT PROVIDERS. THE FOREGOING SHALL APPLY REGARDLESS
OF WHETHER McLeod HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. McLeod ALSO MAKES NO REPRESENTATIONS OR
WARRANTIES THAT YOUR ACCESS TO AND USE OF THE SITE,
MATERIALS OR SERVICES (1) WILL BE UNINTERRUPTED OR
ERROR-FREE, (2) IS FREE OF VIRUSES, UNAUTHORIZED CODE,
OR OTHER HARMFUL COMPONENTS, (3) IS SECURE, OR (4) WILL
MEET YOUR SATISFACTION. YOU ARE RESPONSIBLE FOR TAKING
ALL PRECAUTIONS YOU BELIEVE NECESSARY OR ADVISABLE TO
PROTECT YOU AGAINST ANY CLAIM, DAMAGE, LOSS OR HAZARD
THAT MAY ARISE BY VIRTUE OF YOUR USE OF THE SITE.
Because some jurisdictions may not permit each of these
disclaimers and limitations, the above limitations may
not apply to You. McLeod and its parents, subsidiaries,
affiliates and their respective members, directors,
officers, employees, stockholders and agents further do
not warrant the accuracy or completeness of the
information, text, graphics, links or other items
contained within these Materials or Services. McLeod may
make changes to these Materials or Services, or to the
products described therein, at any time without notice.
McLeod makes no commitment to update the Materials or
Services. Any description of Materials or Services is
not a representation that any such Materials or Services
are available for sale, use or distribution in Your
location.
6. STOCK PRICE DISCLAIMER
The stock price performance shown on the stock
quotations on any McLeod site is not necessarily
indicative of future price performance. McLeod and/or
its parents, subsidiaries, affiliates and their
respective members, directors, officers employees,
stockholders and agents do not warrant or guarantee the
accuracy or completeness of the stock information
provided herein and under no circumstances will McLeod
and/or its parents, subsidiaries, affiliates and their
respective members, directors, officers employees,
stockholders and agents be liable for any loss
including, but not limited to, direct, incidental,
special or consequential damages caused by reliance on
that information or for the risks of the stock market.
7. SAFE HARBOR STATEMENT UNDER
THE PRIVATE SECURITIES LITIGATION REFORM ACT OF 1995
From time to time, McLeod or its
representatives may have made or may make
forward-looking statements, orally or in writing. Such
forward-looking statements may be included in, but, not
limited to, press releases, oral statements made by or
with the approval of an authorized executive officer, or
in this Site or other filings made by McLeod with the
Securities and Exchange Commission. The words or phrases
''trend,'' ''expect,'' ''grow,'' ''will,'' ''could,''
''likely result,'' ''planned,'' ''continued,''
''anticipated,'' ''estimated,'' ''projected,''
''scheduled,'' ''could have,'' ''intended,''
''believes,'' ''continuing,'' ''considers,'' ''may be,''
''assessed,'' ''contingency,'' or similar expressions
are intended to identify ''forward-looking statements''
within the meaning of the Private Securities Litigation
Reform Act of 1995. McLeod wishes to ensure that such
statements are accompanied by meaningful cautionary
statements, so as to maximize to the fullest extent
possible the protections of the safe harbor established
in said Act. Accordingly, such statements are qualified
in their entirety by reference to and are accompanied by
the following discussion of certain important factors
that could cause actual results to differ materially
from such forward-looking statements.
Factors that could cause actual results to materially
differ include, without limitation, the cyclical nature
of McLeod's business, adverse economic and market
conditions, fluctuating costs of raw materials,
including steel and delays in the delivery of such raw
materials and components. Except as otherwise required
by law, McLeod expressly disclaims any obligation or
undertaking to release publicly any updates or revisions
to any such statements to reflect any change in McLeod's
expectations or any change in events, conditions or
circumstances on which any such statement is based.
Accordingly, forward-looking statements should not be
relied upon as a prediction of actual results.
8. INDEMNITY
You agree to defend, indemnify and hold McLeod, its
parents, subsidiaries, affiliates and their respective
members, directors, officers, employees, stockholders
and agents harmless against any losses, expenses, costs
or damages (including McLeod's reasonable attorneys'
fees, expert fees' and other reasonable costs of
litigation) arising from, incurred as a result of, or in
any manner related to (1) Your breach of this Agreement,
(2) Your unauthorized or unlawful use of the Site, the
Materials or the Services and (3) the unauthorized or
unlawful use of the Site by any other person using Your
IDs.
9. USER SUBMISSIONS
Unless otherwise agreed in writing prior to Your
submission, any material, information or other
communication You transmit or post to this Site will be
considered non-confidential and non-proprietary
("Communications"). McLeod will have no obligations with
respect to the Communications. McLeod and its designees
will be free to copy, disclose, distribute, perform,
incorporate and otherwise use the Communications and all
data, images, sounds, text, and other things embodied
therein for any and all commercial or non-commercial
purposes to the extent permitted by applicable law. You
are prohibited from posting or transmitting to or from
this Site any unlawful, threatening, libelous,
defamatory, obscene, pornographic, or other material
that would violate any law.
Any attempt to obtain unauthorized access or to exceed
authorized access to the Site shall be considered a
trespass and computer fraud and abuse, punishable under
state and federal laws. McLeod hereby notifies You that
any or all communications with this Site can and will be
monitored, captured, recorded, and transmitted to the
authorities as deemed necessary by McLeod in its sole
discretion and without further notice.
10. COOPERATION WITH GOVERNMENT
AUTHORITIES
If necessary and in accordance with applicable law,
McLeod will cooperate with local, state, federal,
international and/or worldwide government authorities to
protect this Site, visitors, customers, McLeod, its
parents, subsidiaries, affiliates and their respective
members, directors, officers, employees, stockholders
and agents and operational providers, to prevent
unauthorized use of this Site.
11. LINKS TO OTHER MATERIALS
The linked sites are not necessarily under the control
of McLeod and McLeod is not responsible for the content
of any linked site or any link contained in a
non-affiliated linked site. McLeod reserves the right to
terminate any link or linking program at any time.
McLeod has selected the links for Your convenience. The
selection or omission of links is not intended to
endorse any particular companies or products. If You
decide to access any of the third party sites linked to
this Site, You do this entirely at Your own risk. Any
links to any portion of the Site shall be the
responsibility of the linking party, and McLeod shall
not be responsible for notification of any change in
name or location of any information of the Site. McLeod
reserves the right to request any website administrator
to disable or remove any link that violates any rights
of McLeod or causes interruption or deterioration of
Materials or Services provided by McLeod. Failure to
abide by this request shall be dealt with as any other
unauthorized use or access to McLeod resources.
12. APPLICABLE LAWS
This Site is controlled by McLeod from its offices
within the State of Texas. McLeod makes no
representation that Materials or Services in this Site
are appropriate or available for use in other locations,
and access to them from territories where their content
is illegal is prohibited. Those who choose to access
this Site from other locations do so on their own
initiative and are responsible for compliance with
applicable local laws. You may not use or export the
Materials or Services in violation of United States
export laws or regulations. Any claim relating to the
Materials or Services shall be governed by the internal
substantive laws of the State of Texas.
13. DISPUTE RESOLUTION
Any dispute between McLeod and You arising out of this
Agreement shall be resolved first by direct
communication with one or more of McLeod's management
team members. Should McLeod and You be unable to resolve
the dispute by communication, either McLeod or You may
submit any dispute arising out of or relating to this
Agreement, or the breach thereof, to final and binding
arbitration administered by the American Arbitration
Association nearest the place of McLeods headquarters
and pursuant to Texas law. The arbitrator shall fully
implement the intent and purposes of this Agreement and
indemnify non-breaching parties for and hold them
harmless from all losses, costs, and expenses (including
costs of arbitration and reasonable attorneys' fees)
resulting from any breach or from defending against any
allegations of a breach determined to be unfounded.
14. ENTIRE AGREEMENT
This Agreement, including the Privacy Policy, which is
incorporated herein by this reference, contains the
entire agreement between You and McLeod relating to the
subject matter hereof, and supersedes any other oral or
written communications relating thereto. This Agreement
may not be amended or supplemented by (1) any document
or form originated by You relating to the subject matter
hereof, or (2) statements of any of McLeod's employees.
McLeod reserves the right to make changes to this
Agreement at any time without advance notice. McLeod
agrees to post all amended forms of this Agreement on
the Site and such amended forms shall be effective
immediately upon its posting. It is at all times Your
responsibility to read the most current form of this
Agreement before using the Site to ensure that You agree
to the terms and conditions of any amendments made to
this Agreement. You agree that these standards for
notice of amendments to this Agreement are reasonable.
15. TERMINATION
Your right to access and use the Site, Materials and/or
Services immediately terminates without further notice
upon Your breach of this Agreement. McLeod may terminate
this Agreement and/or Your right to use the Site at any
time, with or without cause. Sections 1, 5, 6, 7, 8, 9,
10, 12, 13, 15, 21 and 22 of this Agreement survive the
expiration or termination of this Agreement for any
reason whatsoever. McLeod reserves the right to
discontinue or make changes to the Site, Material and/or
Services at any time.
16. ASSIGNMENT
McLeod may assign this Agreement, in whole or in part,
in its sole discretion. You may not assign Your rights
under this Agreement without McLeod's prior written
permission. Any attempt by You to assign Your rights
under this Agreement without McLeod's permission shall
be void.
17. WAIVER OF BREACH
Any failure to enforce any term or provision of this
Agreement shall not be deemed a waiver of that or any
other breach of that or any other term or provision of
this Agreement. In addition, any failure to enforce any
term or provision of this Agreement shall not constitute
a waiver of a future breach of that or any other term or
provision of this Agreement.
18. FORCE MAJEURE
McLeod shall not be liable for any failure or
unavailability of the Site, the Materials and/or the
Services or failure by McLeod to perform a transaction
as a result of strikes, lockouts, calamities, acts of
God, unavailability of suppliers, the loss or
destruction of data, the determination or corruption of
storage media, power failures, natural phenomena, riots,
acts of vandalism, acts or omissions of civil or
military authority, war, terrorism or any other event
beyond McLeod's control.
19. NOTICE
McLeod may deliver notice to You under this Agreement by
means of electronic mail, a general notice on
www.cotrophyhunts.com
or by written communication delivered by first class U.
S. mail to Your address on record in McLeod's account
information.
You may give notice to McLeod at any time via electronic
mail to
tcmaharley@aol.com
or by letter delivered by first class postage prepaid
U.S. mail or overnight courier to the following address:
McLeod Trophy Hunts
3917 Lakewoood Heights Ct.
Fort Worth, TX 76179
Phone: (817) 238-7177
Fax: (817) 238-7178
Attn: Harley Scoggins
Electronic Mail:
tcmaharley@aol.com
If You object to any material found on this Site, please
bring Your concerns to the attention of Harley Scoggins,
tcmaharley@aol.com.
The website administrator reserves the right to remove
any material alleged to be infringing any third-party
rights pending further investigation.
20. HEADINGS
The headings of articles and sections contained in this
Agreement are for reference purposes only and shall not
affect in any way the meaning or interpretation of this
Agreement.
21. INVALIDITY
If any provision of this Agreement shall be held, be
deemed or shall in fact be, invalid, inoperative or
unenforceable as applied to any particular case or
circumstance because of the conflicts of any provision
with any law, regulation, ordinance or for any other
reason, the provision or provisions in question shall
not be invalid, inoperative or unenforceable in any
other case or circumstance, nor shall any other
provision or provisions herein contained thereby be or
become invalid, inoperative or unenforceable and such
provision shall be reformed so that it would be valid,
operative and enforceable to the maximum extent
permitted in such circumstances.
22. GENERAL
McLeod and/or its parents, subsidiaries or affiliates
may revise this Agreement at any time by updating this
posting. You agree to be bound by this Agreement and any
modifications to this Agreement occurring prior to Your
continued use of the Materials or Services or access to
the Site. You should visit this Agreement from time to
time to review the then current terms of this Agreement
because they shall be equally binding on You. Certain
provisions of this Agreement may be superseded by
expressly designated legal notices or terms located on
particular pages at this Site.
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