Last updated May 31, 2017
ARGALI GROUP SERVICES
- At Argali Group we are committed to making your total Argali Group experience a positive one. Upon entering your information and the request for which you would like an outfitter, we will attempt to match you with an outfitter who may be interested in fulfilling your service need. However, we do not guarantee that we will beable to match your service needs with an outfitter or that there are outfitters that are either capable or willing to complete your service needs.
- No Guarantees – Outfitters. Although we take certain steps to examine the credentials of our listed outfitters, we make no guarantees or representations regarding the skills or representations of such outfitter or the quality of the job that he or she may perform for you if you elect to retain their services. Argali Group does not endorse or recommend the services of any particular outfitter. It is entirely up to you to evaluate an outfitter’s qualifications and to enter into a direct contract or otherwise reach agreement with an outfitter. We do not guarantee or warrant any outfitter’s performance on the job or the outcome or quality of the services performed. The outfitters are not employees or agents of Argali Group, nor is Argali Group an agent of the outfitters.
- No Contracting with Argali Group. Argali Group may inform you of certain offers provided by an outfitter. Such offers are made solely by the outfitter, and Argali Group does not guarantee or warrant the pricing that an outfitter may offer you. Any quotes provided by outfitters via the Argali Group website or apps, or which you find on the Argali Group website or apps, are not contractually binding offers, are for informational purposes only, and cannot be accepted on Argali Group’s website. No contractual arrangement is created based upon the quotes provided to you from outfitters via the Argali Group website. To contract with an outfitter, you must work directly with the outfitter. Argali Group does not perform, and is not responsible to perform, any of the services requested by you in your service request. Your rights under contracts you enter into with outfitters are governed by the terms of such contracts and by applicable federal, state, provincial and local laws.
- Release from Damages or Claims. Should you have a dispute with any outfitter, you must address such dispute with the outfitter directly. YOU HEREBY AGREE TO RELEASE ARGALI GROUP, AND ITS OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES, AND AGENTS, 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 OUTFITTERS.
YOUR USE OF THE ARGALI GROUP SERVICES AND PROHIBITED USES
You acknowledge and agree that your use of Argali Group is for your personal use and not for advertising purposes. You may not use Argali Group to compete with Argali Group, to solicit or harass Argali Group outfitters, or for any other purpose not contemplated herein. You acknowledge that a violation of the foregoing could result in significant damages, and you agree that you are liable to Argali Group for any such damages and will indemnify Argali Group in the event of any third party claims against Argali Group based on or arising from your violation of the foregoing. We reserve the right to revoke your access to the Argali Group website and services at any time. All
information about outfitters is confidential and for your personal use only. If it is determined or suspected by Argali Group, in its sole discretion, that you are misusing or attempting to misuse or circumvent the Argali Group services or system, or are using or attempting to use them for any inappropriate or nonpersonal purposes, including but not limited to activities such as hacking, scraping content, infiltrating, fraud, advertising, jamming or spamming, Argali Group 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.
INFORMATION YOU PROVIDE TO US
- You agree that by completing a service request, you are entering into a business relationship with Argali Group and its partners and thus agree to be contacted by Argali Group or its partners. You promise that all information you provide will be accurate, current, and truthful to the best of your knowledge. If you provide any information that is untrue, not current or incomplete, or Argali Group has reasonable grounds to suspect that such information is untrue, inaccurate, not current, or incomplete, Argali Group has the right to refuse any current or future use of the Argali Group services (or any portion thereof) by you. You are responsible for any use of the Argali Group services by persons to whom you intentionally or negligently allow access to your user ID or password.
- TO KNOWINGLY INPUT FALSE INFORMATION, INCLUDING, BUT NOT LIMITED TO, NAME, PHONE NUMBER, ADDRESS AND EMAIL ADDRESS, IS A VERY SERIOUS AND FRAUDULENT MATTER THAT COULD RESULT IN SIGNIFICANT COSTS AND DAMAGES TO ARGALI GROUP, OUTFITTERS, AND TO CONSUMERS. ACCORDINGLY, IF YOU KNOWINGLY INPUT FALSE INFORMATION IN A SERVICE REQUEST, YOU AGREE TO FULLY INDEMNIFY AND BE LIABLE TO ARGALI GROUP AND EACH ARGALI GROUP SERVICE PROVIDER WHO ACCEPTS SUCH SERVICE REQUESTS, FOR THE GREATER OF: (1) A MINIMUM AMOUNT OF $11,000 TO EACH OF ARGALI GROUP, THE AFFECTED OUTFITTER, AND ANY PERSON(S) AFFECTED BY ANY OF THE IMPROPER, INCORRECT OR FRAUDULENT INFORMATION YOU INPUT, PER IMPROPER SUBMISSION, PLUS ANY ATTORNEYS’ FEES, COSTS, AND EXPENSES RELATING THERETO, IF APPLICABLE; OR (2) THE ACTUAL DAMAGES, DIRECT, PUNITIVE, OR CONSEQUENTIAL, AND ANY REGULATORY OR JUDICIAL FINES OR PENALTIES THAT MAY ARISE FROM SUCH INTENTIONAL, MISLEADING, HARMFUL, OR FRAUDULENT ACTIVITY, PLUS REASONABLE LEGAL FEES, COSTS, AND EXPENSES RELATING THERETO.
DISPUTE RESOLUTION ASSISTANCE
You acknowledge and agree that Argali Group may monitor and/or record any telephone calls between you and Argali Group.
USER GENERATED CONTENT
- You agree that all of the content and information posted by you or your agents or designees on Argali Group (the “Content”) is the sole and exclusive property of Argali Group and that you have no right to reproduce, post, publish, or otherwise use such information other than for your personal use relating to your service request.
- Our Right to Use Your Content. You acknowledge and agree that any Content you post or provide may be viewed by the general public and will not be treated as private, proprietary, or confidential. You authorize us and our affiliates, licensees and sublicensees, without compensation to you or others, to copy, adapt, create derivative works from, reproduce, incorporate, distribute, publicly display, or otherwise use or exploit such Content throughout the world in any format or media (whether now known or hereafter created) for the duration of any copyright or other rights in such Content, and such permission shall be perpetual and may not be revoked for any reason. Further, to the extent permitted under applicable law, you waive and release and covenant not to assert any moral rights that you may have in any Content posted or provided by you.
- Grant of License. You hereby grant Argali Group and its users a perpetual, nonexclusive, royalty-free, transferable, assignable, worldwide license to use, store, display, reproduce, modify, create derivative works from, perform, distribute, print, publish, disseminate, and place advertising near and adjacent to your Content in any format or media (whether now know or hereafter created) on the Argali Group website and apps in any manner that we deem appropriate or necessary, including, if submitted, your name, voice and likeness throughout the world, and such permission shall be perpetual and cannot be revoked for any reason.
- Representation of Ownership and Right to Use Content. By posting or providing any Content to Argali Group, you represent and warrant to Argali Group that you own or have all necessary rights to use the Content, and grant to Argali Group the rights granted below. The foregoing representation includes, but is not limited to a representation and warranty that you own or have the necessary rights (including any necessary releases) to grant all rights granted below in relation to any persons, places, or intellectual property pictured in any photographic Content that you provide. In addition, if you post or otherwise provide any Content that is protected by copyright, you represent that you have obtained any necessary permissions or releases from the applicable copyright owner.
- Content Guidelines. Argali Group reserves the right, but not the obligation, to edit or abridge, or to refuse to post, or to remove any content that you or any other users post on any Argali Group owned or operated websites or apps if Argali Group determines (in its sole discretion) that such content contains or features any of the following:
- Offensive, harmful and/or abusive language, including without limitation: expletives, profanities, obscenities, harassment, vulgarities, sexually explicit language and hate speech
- References to illegal activity
- Language that violates the community standards of decency
- Statements that are or appear to be false
- Comments that disparage Argali Group
NOTICE SPECIFIC TO DOCUMENTS AND INFORMATION AVAILABLE ON THIS WEBSITE
- Permission to use documents and information from the Argali Group website (such as press releases, datasheets, content, informational items, blog posts, and FAQs) is granted, provided that (1) a copyright notice and permission notice appear in all copies (for example, “© 2017 The Argali IP Group, LLC. Permission granted.”); (2) the use of such documents and information is for your informational, noncommercial, and personal use only; and (3) no modifications of any documents or information are made.
- Distribution of any information contained on the Argali Group website, other than for classroom use by educational institutions, requires express written permission of Argali Group and is otherwise expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible.
- Documents specified above do not include the design or layout of the Argali Group website or apps or any other website or app owned, operated, licensed or controlled by Argali Group. Elements of the Argali Group website and apps are protected by trade dress, trademark, unfair competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic, sound or image from any Argali Group website may be copied or retransmitted unless expressly permitted by Argali Group.
- ARGALI GROUP AND ITS RESPECTIVE SERVICE PROVIDERS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT THE SUITABILITY OF THE INFORMATION CONTAINED ON THE WEBSITE FOR ANY PURPOSE. ALL SUCH INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. ARGALI GROUP AND ITS RESPECTIVE SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. THE INFORMATION PUBLISHED ON THE WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, TYPOGRAPHICAL ERRORS, OR OUTDATED DATA.
OUTFITTER SCREENING PROCEDURES AND DISCLAIMERS
Argali Group uses the following criteria as part of its registration enrollment process for new outfitters applying for membership in our network:
- Licensing. Argali Group may provide licensing information that is provided by outfitters, where applicable. However Argali Group does not confirm (i) the accuracy of the licensing information, (ii) that any such license is active or in good standing, or (iii) that any such license is appropriate for the the task for which you are seeking an outfitter. We recommend you confirm all licensing requirements before proceeding with your hunt.
- State Business Filings. For outfitters that are corporations or limited liability companies, we confirm that the outfitter is in good standing in the state in which it is located or incorporated.
- Criminal Records Search. Argali Group uses third party data sources to conduct a criminal search in the state in which the owner or principal of the company is located, for any relevant criminal activity associated with the owner or principal of the business, within the three years prior to such outfitter’s registration with Argali Group.
- Sex Offender Search. In the state in which the owner or principal of the company is located, we check the state’s official Sex Offender website to confirm that there is not a match based solely on the name of the owner or principal of the company. We do not run sex offender searches in any other states. Please note that only a fingerprint match can guarantee an accurate match for a sex offender search. We recommend that you check the applicable state sex offender website for any individual that will be performing work in or around your home.
- Identity Verification (Social Security Number). Argali Group verifies the social security number(s) of the outfitter’s owner or principal for identity purposes. This check applies primarily to smaller business entities.
- Legal Search for Civil Judgments. We use third party data sources that record legal information to check the principal or owner of the business for significant state civil judgments entered against the principal or owner by business customers and for bankruptcy filings by or against the principal or owner in the state in which the owner or principal of the company is located within the twelve months prior to such outfitter’s registration with Argali Group.
- ARGALI GROUP PERFORMS THE ABOVE SCREENING BASED UPON INFORMATION PROVIDED TO US BY THE OUTFITTER AND SOLELY AT THE TIME THE OUTFITTER APPLIES FOR MEMBERSHIP IN THE ARGALI GROUP NETWORK. AN OUTFITTER’S INFORMATION MAY CHANGE OR EXPIRE OVER TIME. ARGALI GROUP CANNOT AND DOES NOT WARRANT OR REPRESENT THAT PROFILE AND SCREENING INFORMATION IS UP TO DATE. ARGALI GROUP IS UNDER NO OBLIGATION TO UPDATE AN OUTFITTER’S SCREENING INFORMATION. WE RECOMMEND THAT BEFORE WORKING WITH AN OUTFITTER, YOU VERIFY THAT THE OUTFITTER’S INFORMATION IS ACCURATE, CURRENT, AND ACCEPTABLE TO YOU.
- Outfitters’ Profiles. Argali Group may allow outfitters to post profiles about themselves and their business on the Argali Group website or apps. Argali Group does not review or verify the information or representations set forth in those profiles, except as expressly set forth above, as they are self-reported by the outfitter. ARGALI GROUP MAKES NO REPRESENTATIONS OR WARRANTIES REGARDING ANY INFORMATION POSTED BY AN OUTFITTER, AND ASSUMES NO LIABILITY FOR SUCH INFORMATION.
- The above screening procedures may change from time to time at the sole discretion of Argali Group. Argali Group believes that it uses commercially reasonable methods to check these matters, but makes no representations or warranties that members continue to meet the above screening criteria after the date of their enrollment in the Argali Group network. Argali Group does not represent or warrant that the information received from state, provincial or other government agencies or from third party sources is accurate, current, or updated at the time Argali Group checks such information. Most agencies have periodic update cycles or schedules and this information is not updated on a real-time basis by such agencies and third party sources.
- ARGALI GROUP EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED RELATING TO THE SCREENING PROCESS, CRITERIA, PROCEDURES, OR INFORMATION OBTAINED OR PRESENTED IN THE SCREENING PROCESS OR DISCLOSURES INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE, OR THAT THE SCREENING OR VERIFICATION PROCEDURES OR STANDARDS ARE SUFFICIENT OR THAT THE INFORMATION RECEIVED IN THESE SCREENING OR VERIFICATION PROCEDURES IS ACCURATE, TIMELY OR ERROR FREE.
ARTICLES AND OTHER CONTENT
Argali Group may provide certain content relating to hunting on the Argali Group website or apps and via mobile applications owned and operated by Argali Group (“Articles”). Such Articles are provided “as is” without any warranties or representations, and you assume all liability and responsibility for your use of such Articles. You
understand and agree that the Articles do not provide advice, and that such Articles are no substitute for the advice of a professional.
LINKS TO THIRD PARTY WEBSITES
Links to third party websites that appear on the Argali Group website or apps are not under the control of Argali Group, and Argali Group is not responsible for the contents or functionality of any linked website, any link contained in a linked website, or any changes or updates to such websites. Your use of such third party linked websites is governed by the terms and conditions and privacy policies of such linked websites. Argali Group is not responsible for webcasting or any other form of transmission received from any linked website. Argali Group is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Argali Group of the website.
YOU AGREE TO INDEMNIFY ARGALI GROUP, AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, CO-BRANDERS, AND OTHER PARTNERS AND HOLD THEM EACH HARMLESS FROM ANY AND ALL CLAIMS OR DEMANDS, INCLUDING ATTORNEY’S FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING FROM YOUR USE OF THE ARGALI GROUP SERVICES, IN CONNECTION WITH THE ARGALI GROUP WEB SITE, WITH REGARD TO ANY DISPUTE BETWEEN YOU AND AN OUTFITTER, OR YOUR VIOLATION OF THESE TERMS AND CONDITIONS, OR ARISING FROM YOUR VIOLATION OF ANY RIGHTS OF A THIRD PARTY.
© 2017 The Argali Group, LLC. All rights reserved.