Terms Of Service

Please read these Terms of Service carefully as they contain important information about your legal rights, remedies and obligations. By accessing or using the WHITETAIL LIVN Platform, you agree to comply with and be bound by these Terms of Service.

By accepting these Terms of Service, you agree to be bound by this arbitration clause and class action waiver. Please read it carefully.

Last Updated: March 12th, 2024

Thank you for using WHITETAIL LIVN!

These Terms of Service ("Terms") constitute a legally binding agreement ("Agreement") between you and WHITETAIL LIVN (as defined below) governing your access to and use of the WHITETAIL LIVN website, including any subdomains thereof, and any other websites through which WHITETAIL LIVN makes its services available (collectively, "Site"), our mobile, tablet and other smart device applications, and application program interfaces (collectively, "Application") and all associated services (collectively, "WHITETAIL LIVN Services"). The Site, Application and WHITETAIL LIVN Services together are hereinafter collectively referred to as the “WHITETAIL LIVN Platform”.

When these Terms mention “WHITETAIL LIVN,” “we,” “us,” or “our,” it refers to the WHITETAIL LIVN you are contracting with. Account as determined by either your express selection or by WHITETAIL LIVN’s assessment of your residence using various data attributes associated with your WHITETAIL LIVN Account.

Our collection and use of personal information in connection with your access to and use of the WHITETAIL LIVN Platform is described in our Privacy Policy.

1. Scope of WHITETAIL LIVN Services

1.1 The WHITETAIL LIVN Platform is an online marketplace that enables registered users (“Members”) and certain third parties who offer services (Members and third parties who offer services are “Landowners” and the services they offer are “Landowner Services”) to publish such Landowner Services on the WHITETAIL LIVN Platform (“Listings”) and to communicate and transact directly with Members that are seeking to book such Landowner Services (Members using Landowner Services are “Hunters”). Landowner Services may include the offering of real property or other properties for use ("Accommodations"), multi-day, or multi-week activities in various categories (“Experiences”), access to unique events and locations (“Events”), and a variety of other travel and non-travel related services.

1.2 As the provider of the WHITETAIL LIVN Platform, WHITETAIL LIVN does not own, create, sell, resell, provide, control, manage, offer, or deliver any Listings or Landowner Services. Landowners alone are responsible for their Listings and Services. When Members make or accept a booking, they are entering into a contract directly with each other. WHITETAIL LIVN is not and does not become a party to or other participant in any contractual relationship between Members, nor is WHITETAIL LIVN a real estate broker or insurer. WHITETAIL LIVN is not acting as an agent in any capacity for any Member, except as specified in the Payments Terms.

1.3 While we may help facilitate the resolution of disputes, WHITETAIL LIVN has no control over and does not guarantee (i) the existence, quality, safety, suitability, or legality of any Listings or Landowner Services, (ii) the truth or accuracy of any Listing descriptions, Ratings, Reviews, or other Member Content (as defined below), or (iii) the performance or conduct of any Member or third party. WHITETAIL LIVN does not endorse any Member, Listing or Landowner Services. Any references to a Member being "verified" (or similar language) only indicate that the Member has completed a relevant verification or identification process and nothing else. Any such description is not an endorsement, certification or guarantee by WHITETAIL LIVN about any Member, including of the Member's identity or background or whether the Member is trustworthy, safe or suitable. You should always exercise due diligence and care when deciding whether to book a hunting lease.

1.4 If you choose to use the WHITETAIL LIVN Platform as a Landowner or Co-Landowner (as defined below), your relationship with WHITETAIL LIVN is limited to being an independent, third-party contractor, and not an employee, agent, joint venturer or partner of WHITETAIL LIVN for any reason, and you act exclusively on your own behalf and for your own benefit, and not on behalf, or for the benefit, of WHITETAIL LIVN. WHITETAIL LIVN does not, and shall not be deemed to, direct or control you generally or in your performance under these Terms specifically, including in connection with your provision of the Landowner Services. You acknowledge and agree that you have complete discretion whether to list Landowner Services or otherwise engage in other business or employment activities.

1.5 To promote the WHITETAIL LIVN Platform and to increase the exposure of Listings to potential Hunters, Listings and other Member Content may be displayed on other websites, in applications, within emails, and in online and offline advertisements. To assist Members who speak different languages, Listings and other Member Content may be translated, in whole or in part, into other languages. WHITETAIL LIVN cannot guarantee the accuracy or quality of such translations and Members are responsible for reviewing and verifying the accuracy of such translations. The WHITETAIL LIVN Platform may contain translations powered by Google. Google disclaims all warranties related to the translations, express or implied, including any warranties of accuracy, reliability, and any implied warranties for merchantability, fitness for a particular purpose and non-infringement.

1.6 The WHITETAIL LIVN Platform may contain links to third-party websites or resources (“Third-Party Services”). Such Third-Party Services may be subject to different terms and conditions and privacy practices. WHITETAIL LIVN is not responsible or liable for the availability or accuracy of such Third-Party Services, or the content, products, or services available from such Third-Party Services. Links to such Third-Party Services are not an endorsement by WHITETAIL LIVN of such Third-Party Services.

1.7 Due to the nature of the Internet, WHITETAIL LIVN cannot guarantee the continuous and uninterrupted availability and accessibility of the WHITETAIL LIVN Platform. WHITETAIL LIVN may restrict the availability of the WHITETAIL LIVN Platform or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the WHITETAIL LIVN Platform. WHITETAIL LIVN may improve, enhance and modify the WHITETAIL LIVN Platform and introduce new WHITETAIL LIVN Services from time to time.

2. Eligibility, Using the WHITETAIL LIVN Platform, Member Verification

2.1 You must be at least 18 years old and able to enter into legally binding contracts to access and use the WHITETAIL LIVN Platform or register an WHITETAIL LIVN Account. By accessing or using the WHITETAIL LIVN Platform you represent and warrant that you are 18 or older and have the legal capacity and authority to enter into a contract.

2.3 WHITETAIL LIVN may make access to and use of the WHITETAIL LIVN Platform, or certain areas or features of the WHITETAIL LIVN Platform, subject to certain conditions or requirements, such as completing a verification process, meeting specific quality or eligibility criteria, meeting Ratings or Reviews thresholds, or a Member’s booking and cancellation history.

2.4 User verification on the Internet is difficult and we do not assume any responsibility for the confirmation of any Member’s identity.

2.5 The access to or use of certain areas and features of the WHITETAIL LIVN Platform may be subject to separate policies, standards or guidelines, or may require that you accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions applicable to a specific area or feature of the WHITETAIL LIVN Platform, the latter terms and conditions will take precedence with respect to your access to or use of that area or feature, unless specified otherwise.

2.6 If you access or download the Application from the Apple App Store, you agree to Apple’s Licensed Application End User License Agreement. Some areas of the WHITETAIL LIVN Platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to the Google Maps/Google Earth Additional Terms of Service.

3. Modification of these Terms

WHITETAIL LIVN reserves the right to modify these Terms at any time in accordance with this provision. If we make changes to these Terms, we will post the revised Terms on the WHITETAIL LIVN Platform and update the “Last Updated” date at the top of these Terms. We will also provide you with notice of the modifications by email at least thirty (30) days before the date they become effective. If you disagree with the revised Terms, you may terminate this Agreement with immediate effect. We will inform you about your right to terminate the Agreement in the notification email. If you do not terminate your Agreement before the date the revised Terms become effective, your continued access to or use of the WHITETAIL LIVN Platform will constitute acceptance of the revised Terms.

4. Account Registration

4.1 You must register an account ("WHITETAIL LIVN Account") to access and use certain features of the WHITETAIL LIVN Platform, such as publishing or booking a Listing. If you are registering an WHITETAIL LIVN Account for a company or other legal entity, you represent and warrant that you have the authority to legally bind that entity and grant us all permissions and licenses provided in these Terms.

4.2 You can register an WHITETAIL LIVN Account using an email address and creating a password, or through your account with certain third-party social networking services, such as Facebook or Google ("SNS Account"). You have the ability to disable the connection between your WHITETAIL LIVN Account and your SNS Account at any time, by accessing the "Settings" section of the WHITETAIL LIVN Platform.

4.3 You must provide accurate, current and complete information during the registration process and keep your WHITETAIL LIVN Account and public WHITETAIL LIVN Account profile page information up-to-date at all times.

4.4 You may not register more than one (1) WHITETAIL LIVN Account unless WHITETAIL LIVN authorizes you to do so. You may not assign or otherwise transfer your WHITETAIL LIVN Account to another party.

4.5 You are responsible for maintaining the confidentiality and security of your WHITETAIL LIVN Account credentials and may not disclose your credentials to any third party. You must immediately notify WHITETAIL LIVN if you know or have any reason to suspect that your credentials have been lost, stolen, misappropriated, or otherwise compromised or in case of any actual or suspected unauthorized use of your WHITETAIL LIVN Account. You are liable for any and all activities conducted through your WHITETAIL LIVN Account, unless such activities are not authorized by you and you are not otherwise negligent (such as failing to report the unauthorized use or loss of your credentials).

4.6 WHITETAIL LIVN may enable features that allow you to authorize other Members or certain third parties to take certain actions that affect your WHITETAIL LIVN Account. For example, we may allow eligible Members or certain third parties to book Listings on behalf of other Members, or we may allow Landowners to add other Members as Co-Landowners (as defined below) to help manage their Listings. These features do not require that you share your credentials with any other person. No third party is authorized by WHITETAIL LIVN to ask for your credentials, and you shall not request the credentials of another Member.

5. Content

5.1 WHITETAIL LIVN may, at its sole discretion, enable Members to (i) create, upload, post, send, receive and store content, such as text, photos, audio, video, or other materials and information on or through the WHITETAIL LIVN Platform ("Member Content"); and (ii) access and view Member Content and any content that WHITETAIL LIVN itself makes available on or through the WHITETAIL LIVN Platform, including proprietary WHITETAIL LIVN content and any content licensed or authorized for use by or through WHITETAIL LIVN from a third party ("WHITETAIL LIVN Content" and together with Member Content, "Collective Content").

5.2 Subject to your compliance with these Terms, WHITETAIL LIVN grants you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to (i) download and use the Application on your personal device(s); and (ii) access and view any Collective Content made available on or through the WHITETAIL LIVN Platform and accessible to you, solely for your personal and non-commercial use.

6. Service Fees

6.1 WHITETAIL LIVN may charge fees to Landowners ("Host Fees") and/or Hunters ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the WHITETAIL LIVN Platform. More information about when Service Fees apply and how they are calculated can be found on our Service Fees page.

6.2 Any applicable Service Fees (including any applicable Taxes) will be displayed to a Landowner or Hunter prior to publishing or booking a Listing. WHITETAIL LIVN reserves the right to change the Service Fees at any time, and will provide Members adequate notice of any fee changes before they become effective.

6.3 You are responsible for paying any Service Fees that you owe to WHITETAIL LIVN. The applicable Service Fees (including any applicable Taxes) are collected by WHITETAIL LIVN Payments. WHITETAIL LIVN Payments will deduct any Landowner Fees from the Listing Fee before remitting the payout to the Landowner. Any Hunter Fees are included in the Total Fees collected by WHITETAIL LIVN Payments. Except as otherwise provided on the WHITETAIL LIVN Platform, Service Fees are non-refundable.

8.2 Booking Accommodations

8.2.1 You understand that a confirmed booking of an Accommodation (“Accommodation Booking”) is a limited license granted to you by the Landowner to enter, occupy and use the Accommodation for the duration of your lease, during which time the Landowner (only where and to the extent permitted by applicable law) retains the right to re-enter the Accommodation, in accordance with your agreement with the Landowner.

8.2.2 You agree to leave the Accommodation no later than the checkout time that the Landowner specifies in the Listing or such other time as mutually agreed upon between you and the Landowner.

8.3 Booking Experiences, Events and other Host Services

8.3.1 You should carefully review the description of any Lease or Landowner Service you intend to book to ensure you (and any additional guests you are booking for) meet any minimum age, proficiency, fitness or other requirements which the Landowner has specified in their Listing. At your sole discretion you may want to inform the Landowner of any medical or physical conditions, or other circumstances that may impact your and any additional guest’s ability to participate in any Experience, Event or other Landowner Service. In addition, certain laws, like the minimum legal drinking age in the location of the Experience, Event or other Landowner Service, may also apply. You are responsible for identifying, understanding, and complying with all laws, rules and regulations that apply to your participation in an Experience, Event or other Host Service.

8.3.2 Before and during a lease or other Landowner Service you must at all times adhere to the Landowners’ instructions.

8.3.3 You may not bring any additional individuals to the lease unless such an individual was added by you as an additional guest during the booking process on the WHITETAIL LIVN Platform.

8.4 WHITETAIL LIVN Travel Credits

WHITETAIL LIVN Travel Credits may be redeemed for eligible bookings via the WHITETAIL LIVN Platform as specified in the terms and conditions provided with the Travel Credit. You may only redeem WHITETAIL LIVN Travel Credits after the WHITETAIL LIVN Travel Credits are reflected in your WHITETAIL LIVN Account.

9. Booking Modifications, Cancellations and Refunds, Resolution Center

9.1 Landowners and Hunters are responsible for any modifications to a booking that they make via the WHITETAIL LIVN Platform or direct WHITETAIL LIVN customer service to make ("Booking Modifications"), and agree to pay any additional Listing Fees, Landowner Fees or Hunter Fees and/or Taxes associated with such Booking Modifications.

9.2 In certain circumstances, WHITETAIL LIVN may decide, in its sole discretion, that it is necessary to cancel a confirmed booking and make appropriate refund and payout decisions. This may be for reasons set forth in WHITETAIL LIVN's Extenuating Circumstances Policy or (i) where WHITETAIL LIVN believes in good faith, while taking the legitimate interests of both parties into account, this is necessary to avoid significant harm to WHITETAIL LIVN, other Members, third parties or property, or (ii) for any of the reasons set out in these Terms.

10. Ratings and Reviews

10.1 Within a certain time frame after completing a booking, Landowners and Hunters can leave a public review (“Review”) and submit a star rating (“Rating”) about each other. Ratings or Reviews reflect the opinions of individual Members and do not reflect the opinion of WHITETAIL LIVN. Ratings and Reviews are not verified by WHITETAIL LIVN for accuracy and may be incorrect or misleading.

10.2 Members are prohibited from manipulating the Ratings and Reviews system in any manner, such as instructing a third party to write a positive or negative Review about another Member.

10.3Ratings and Reviews are part of a Member’s public profile and may also be surfaced elsewhere on the WHITETAIL LIVN Platform (such as the Listing page) together with other relevant information such as number of bookings, number of cancellations, average response time and other information.

11. Damage to Accommodations, Disputes between Members

As a Hunter, you are responsible for leaving the Property (including any personal or other property located at the Property) in the condition it was in when you arrived. You are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Accommodation, excluding the Landowner.