THE FOLLOWING DESCRIBES THE TERMS OF WHICH THE HUNTING LEASE NETWORK® OFFERS YOU ACCESS TO OUR SERVICES

Welcome to the National Hunting Lease Network, LLC (NHLN) User Agreement. This Agreement describes the terms and conditions applicable to your use of our services at www.nationalhuntingleases.com, including the Hunting and Fishing Lease Network®. If you have any questions, please direct them to tlangan@farmersnational.com

We may amend this Agreement at any time by posting the amended terms on our site. Except as stated below, all amended terms shall automatically become effective 30 days after they are initially posted on our site. This Agreement may not be otherwise amended except in a written agreement signed by you and NHLN This agreement was last revised on July 16, 2005.

1. Registration

Our services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our services are not available to minors. If you do not qualify, please do not use our services. Further, our services are not available to temporarily or indefinitely suspended Hunting Lease Network® registrants.

2. Fees and Services.

There is a $100 fee to list a property for lease on the Hunting Lease Network®. There is no fee to use or submit a bid to the Hunting Lease Network®. Once a lease is signed between the landowner and the leasing sportsman, landowners agree to pay Hunting Lease Network® a fee for its services. NHLN may at its discretion change some or all of the services, and/or the fees charged therefore, at any time. In the event we introduce a new service, the fees for that service are effective at the commencement of the service. Unless otherwise stated, all fees and bids are quoted in U.S. Dollars. You are responsible for paying all fees associated with using our service and our website and all applicable taxes.

3. The Hunting Lease Network® is Only a Venue.

3.1 Overview. Our site acts as the venue for landowners and hunters/anglers to reach agreement on a recreational lease of properties. We have no control over the quality or characteristics of the properties advertised, the truth or accuracy of the information provided, the ability of landowners to lease the properties, the ability of the lessor to lease the property, or the hunting and fishing abilities of lessors who use the lease. We cannot ensure that a landowner or bidder will actually complete a transaction.

3.2 Safe Trading. Because user authentication on the Internet is difficult, NHLN cannot and does not confirm each user's purported identity. You may wish to consider using another entity of your choice to provide additional user verification.

3.3 Release. In the event that you have a dispute with one or more users, you agree to release NHLN  (and our officers, directors, agents, subsidiaries, franchises, and employees) from 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.

3.4 Information Control. We do not control the information provided by users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe trading when using our site. Please note that there are also risks of dealing with underage persons, or people acting under false pretense. By accepting this agreement users agree that they will not attempt to contact the owners or managers of any property in the HLN system, directly or indirectly. Any fraudulent activity or violations of this rule will result in termination of registration, a ban on future leasing to the user, and legal action.

4. Bidding, Leasing and Personal Liability Insurance.

4.1 Bidding. Once your bid is submitted to the Hunting Lease Network® you are expected to complete the transaction unless the transaction is prohibited by law or by this Agreement. By bidding on a property you agree to be bound by the terms included in the property's description, so long as those conditions are not in violation of this Agreement or unlawful. Bids are not retractable except in exceptional circumstances such as when the landowner materially changes or misrepresents the property's description, a clear typographical error is made, or the landowner's identity cannot be authenticated. If you choose to bid on a property, you are certifying that you have the legal right and ability participate in the transaction as described.

4.2 Personal Liability Insurance. All lessees are required to carry a minimum of $1,000,000 hunting liability insurance or such other amount as landowner(s) deems necessary and with respect to Lessee's use of the premises for hunting/fishing purposes. This insurance may be available through the Hunting Lease Network®. Proof of such insurance is required and must be provided to NHLN before lessee is given permission to access the leased property. Landowners and lessor must be added as additional insured on the policy.

4.3 Earnest Deposit and Forfeiture.  Once your bid receives final approval from the landowner and Hunting Lease Network®, you will be contacted via email or telephone. Following that discussion a lease is drawn up and mailed to you for your signature. Full payment of the entire lease and required insurance (if applicable) is required when you mail the signed lease back to us. If the full payment and/or signed lease are not received in our office within 10 days of mailing from our office, the earnest deposit is forfeited and the lease immediately goes back on the market.

4.4 Lease Cancellations and Forfeiture of Funds. A lessee who fails to obtain the required insurance, or who defaults in performing any term or condition of the lease shall be subject to all legal and equitable remedies available to NHLN and the landowner under the lease or applicable law including, where applicable, termination of the lease, with or without a refund of rents paid, denial of access to the premises, collection of damages to person or property, and attorneys fees and costs incurred by the landlord or NHLN.

4.5 Improvements.  Any improvements made to enhance the hunting and/or fishing lease will be negotiated and agreed upon by Hunting Lease Network® representatives, the landowner, and lessee. All improvements, with the exception of personal property, remain with the land.

5. Descriptions.

5.1 Property Descriptions. NHLN may not actually visit all lands posted for lease on our site. Property descriptions may only include those property descriptions supplied to us.

5.2 Bids. If landowners receive an acceptable bid, they are expected to complete the transaction, unless there is an exceptional circumstance, such as: (a) the tenant fails to meet the conditions of your description, or (b) NHLN cannot authenticate the lessees identity.

5.3 Fraud. Without limiting any other remedies, NHLN may suspend or terminate your registration if you are found (by conviction, settlement, insurance, investigation, or otherwise) to have engaged in fraudulent activity in connection with our site.

5.4 Manipulation. Neither landowners nor bidders may manipulate the bid on a property, nor may you interfere with any other user's property descriptions or bids.

6. Your Information.

"Your Information" is defined as any information you provide us, or other users in the registration process, in any public message area, or through any email feature. You are solely responsible for your information, and we act as a passive conduit for the online distribution and publication of your information. With respect to your information:

6.1 Your Information: (a) shall not be false, inaccurate, or misleading; (b) shall not be fraudulent; (c) shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (d) shall not violate any law, statute, ordinance or regulation; (e) shall not be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) shall not be obscene; (g) shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) shall not create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) shall not include descriptions that: (1) are prohibited under this Agreement; or (2) you do not have a right to register. Furthermore, you may not register any property on our site (or consummate any transaction that was initiated using our service) that, by paying to us our fee, could cause us to violate any applicable law, statute, ordinance or regulation.

6.2 Solely to enable NHLN to use the information you supply us with, so that we are not violating any rights you might have in that information, you agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright and publicity rights (but no other rights) you have in your information, in any media now known or not currently known, with respect to your information.

7. Access and Interference.

Our web site may contain robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained herein without our prior expressed written permission. You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Hunting Lease Network® site or any auction being conducted on our site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our infrastructure. Much of the information on our site is updated on a real time basis and is proprietary or is licensed to NHLN by our users or third parties. You agree that you will not copy, reproduce, alter, modify, create derivative works, or publicly display any content (except for your information) from our website without the prior expressed written permission of NHLN or the appropriate third party.

8. Breach.

Without limiting other remedies, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your registration and refuse to provide our services to you: (a) if you breach this Agreement or any documents it incorporates by reference; (b) if we are unable to verify or authenticate any information you provide to us; or (c) if we believe that your actions may cause legal liability for you, our users or us.

9. No Warranty.

WE AND OUR SUPPLIERS PROVIDE OUR WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. WE AND OUR SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you may also have other legal rights which vary from state to state.

10. Liability Limit.

IN NO EVENT SHALL WE OR OUR SUPPLIERS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT (HOWEVER ARISING, INCLUDING NEGLIGENCE).

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. Some states do not allow the limitation of liability, so the foregoing limitation may not apply to you.

11. Indemnity.

You agree to indemnify and hold us and our subsidiaries, affiliates, officers, directors, agents, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your breach of this Agreement or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

12. Legal Compliance.

You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of our service and your bidding on, listing, purchase, solicitation of offers to rent, and rental of properties.

13. No Agency.

You and NHLN are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement. The Hunting Lease Network® may be subject to the provisions of NHLN's Agency Policy and other licensing and regulatory requirements.

14. Notices.

Except as explicitly stated otherwise, any notices shall be given by postal mail to National Hunting Lease Network LLC, Attn: Legal Department, 11516 Nicholas Street, Omaha, Nebraska 68154 or to the email address you provide to NHLN during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to NHLN during the registration process. In such case, notice shall be deemed given 3 days after the date of mailing.

15. Arbitration.

Any controversy or claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. 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. The arbitration shall be conducted in Omaha, Nebraska, and judgment on the arbitration award may be entered into any court having jurisdiction thereof. Either you or NHLN may seek any interim or preliminary relief from a court of competent jurisdiction in Nebraska necessary to protect the rights or property of you or NHLN pending the completion of arbitration.

THIS CONTRACT CONTAINS AN ARBITRATION PROVISION WHICH MAY BE ENFORCED BY THE PARTIES

16. General.

This Agreement shall be governed in all respects by the laws of the State of Nebraska as such laws are applied to agreements entered into and to be performed entirely within Nebraska between Nebraska residents. We do not guarantee continuous, uninterrupted or secure access to our services, and operation of our site may be interfered with by numerous factors outside of our control. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced. Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches. This Agreement sets forth the entire understanding and agreement between us with respect to the subject matter hereof.
 

For questions, or help contact tlangan@farmersnational.com.