Terms and Conditions

Please read carefully. This page describes the terms and conditions under which this website, owned and operated by McLain Outdoor Adventures, offers our services.

By accepting these terms, you confirm that you are 18 years of age or older.

1. General Disclaimer

In using this website, you acknowledge that we are not acting as your agent or advisor. Therefore, it is your sole responsibility to select an outfitter and to negotiate the terms for any hunt or hunting-related service. We do not recommend or endorse any specific outfitter, provide advice on which outfitter to select, or screen any individual outfitter's personal credit or legal standing.

We make no guarantees or representations regarding the experience and capability of the outfitters listed in our directory or the quality of services that he or she may perform for you if you elect to retain the services of one or more outfitters. It is entirely up to you to enter into a direct contract or otherwise reach agreement with an outfitter. We do not guarantee or warrant their performance or the outcome or quality of the services performed. Your rights under contracts you make with an outfitter are typically governed by the outfitter's state and local laws. Should you have a dispute with an outfitter, you must address such dispute to the outfitter directly, and you hereby agree to release McLain Outdoor Adventures (and our employees and agents) and any other person, firm, or entity (including our business partners) from any damages or claims (including consequential and incidental damages) of every kind or nature, suspected and unsuspected, known and unknown, and disclosed or undisclosed, arising out of or in any way connected with such disputes and your dealings with such outfitter(s).

2. Links to Third Party Sites

The links on this web site will let you leave the web site. The linked sites are not under our control and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. We are not responsible for web casting or any other form of transmission received from any linked site. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us for the site.

3. YOUR USE OF THE WEBSITE SERVICES.

You acknowledge and agree that your use of this web site is for your personal use and not for any commercial or advertising purposes. You agree that all of the content and information posted on this website is the sole and exclusive property of McLain Outdoor Adventures, and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to McLain Outdoor Adventures for any such damages, and will indemnify McLain Outdoor Adventures in the event of any third party claims against McLain Outdoor Adventures based on or arising from your violation of the foregoing. We reserve the right to revoke your access to this web site and services at any time.

If it is determined or suspected by McLain Outdoor Adventures in its sole discretion that you are misusing or attempting to misuse or circumvent the web site/system, or are using or attempting to use them for any inappropriate, non-personal, or commercial purposes, including but not limited to activities such as hacking, infiltrating, fraud, advertising, jamming or spamming, the web site reserves the right, in its sole discretion, to immediately terminate your access without notice and to initiate without notice appropriate legal actions or proceedings to seek appropriate remedies and/or damages, including but not limited to lost revenue, repairs, legal fees, costs and expenses, and to seek injunctions or other equitable remedies.

4. Changes to the Service or Terms

We may from time to time without notice change, add, or remove certain features of our service or change the terms of this Agreement.

5. Limitations of Liability Release

We will not be liable for damages of any nature arising from or relating to your use of the service or the Third Party services or use thereof by anyone else through your account or interactive website session. Our total cumulative liability to you and anyone who uses the service or the Third Party services through your account or interactive website session, for any and all claims under any theory of law (including negligence), will not exceed $100. Some states or jurisdictions do not allow the exclusion or limitation of certain types of liability. Therefore, the above limitations of liability may not apply to you to that extent, and nothing in this section should be construed as excluding or limiting our liability beyond what is permissible under applicable law. You agree not to hold us responsible for any damages or other liabilities arising from services performed by any outfitter. Because we are not and cannot be involved in your dealings with service providers (i.e. outfitters) or control whether or not service providers will perform services as agreed, in the event that you have a dispute with one or more service providers, you release Faulker-McLain LLC (and our agents and employees) from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

6. Disputes

You agree that, unless otherwise prohibited by law, all disputes, claims, or causes of action, in law or equity, arising from or relating to this Agreement or its enforcement, performance, breach, or interpretation shall be resolved solely and exclusively by confidential final and binding arbitration in Barrow County, Georgia. Any such controversy or claim shall be arbitrated on an individual basis and shall not be consolidated in any arbitration with any claim or controversy of any other party. Judgment on the arbitration award may be entered into any court having jurisdiction thereof. You agree that any claim or cause of action arising out of or related to use of this web site's services or the Terms and Conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.

7. Miscellaneous

McLain Outdoor Adventures, the member outfitters, and any allied Sponsors/Partners are separate entities and share no agency, partnership, franchise, joint venture, or employment relationship. You agree that this Agreement will be governed by the laws of the state of Georgia, in the same manner and to the same extent that such laws apply to agreements between Georgia residents performed entirely within Georgia. If any provision of this Agreement is invalid or unenforceable under applicable law, such provision will be deemed modified to the extent necessary to render such provision valid and enforceable and the other provisions of this Agreement will remain in full force and effect. This document and the pages referred to herein represent the entire agreement governing your use of the service and supersede any prior or contemporaneous written or oral statements by this web site or its representatives or resellers.