Terms of Service:

The following terms and conditions govern all use of the Deermanage.com deer management web application and any information provided by Deermanage.com (the “Service”) and all content, services and products available at or through the Service or Website as a result of paying for access to the Service. The Service is owned and operated by Software Sharing, Inc. (the “Owner”). The Service is offered subject to your acceptance, without modification, of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Owner’s privacy policy) and procedures that may be published from time to time on this Site by the Owner (collectively, the “Agreement”).

Please read this Agreement carefully before purchasing the Service, accepting the terms and conditions, or accessing and/or using the Service in any way.

By purchasing the Service, accepting this Agreement, or accessing or using any part of the Service, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Service or use any information obtained from the Service. If these terms and conditions are considered an offer by Owner, acceptance is expressly limited to these terms. The Service is available only to individuals who are at least 13 years old.

1. Your Account. If you create an account on Deermanage.com as a result of purchasing a software subscription, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the account. You are responsible for protecting your login and password. You must immediately notify Owner of any unauthorized uses of your account, or any other breaches of security. Owner will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions.
2. Data Ownership. Owner respects your right to ownership of content created or stored by you. You own the content created or stored by you. Unless specifically permitted by you, your use of the Services does not grant Owner the license to use, reproduce, adapt, modify, publish or distribute the content created by you or stored in your user account for Owner’s commercial, marketing or any similar purpose. But you grant Owner permission to access, copy, distribute, store, transmit, reformat, publicly display and publicly perform the content of your user account as required for the purpose of providing the Service to you.
3. Responsibility of Contributors. You are entirely responsible for the content of, and any harm resulting from, any information provided to the Service through your account (the “Content”). The Owner does not and cannot review the information provided through accounts, and therefore cannot be responsible for such Content.
4. Payment and Renewal.
   • General Terms. You must pay all subscription and maintenance fees as set forth in this Agreement. By signing up for either the Basic or Advanced version of Deermanage.com’s Service, you agree to pay an initial setup fee for the first annual period, then annual maintenance fees (together the “Annual Subscription Fees”) indicated for that respective service, as listed here. Payments will be charged on a pre-pay basis on the day you sign up for a service and will cover the use of that service for an annual subscription period as indicated. Subscription fees are not refundable.
   • Purchase of Software Subscription; Basic Service; Advanced Service. You understand that there are two versions of the Service, Basic and Advanced. By purchasing the appropriate subscription, you agree that you have read and understood the respective fees, access, information and services associated with the two versions of the Service, as described here.
   • Applicable fees will be due and payable starting from the day your Account is established and in advance of using such services. Access to your account may be delayed up to 24 hours after the completion of your transaction. Owner reserves the right to change the payment terms and fees upon thirty (30) days prior written notice to you. Written notice is made by email to the latest email address associated with the account. Your account can be canceled by you at anytime on 30 days written notice, via email only, to support@deermanage.com, but the fee for any unused portion of your account cannot be refunded.
   • Support. Your account includes access to email support. “Email support” means the ability to make requests for technical support assistance by email at any time (with reasonable efforts by Owner to respond within 2 business days) concerning the use of the services.
5. Inactive User Accounts Policy. Owner reserves the right to terminate unpaid user accounts that are expired for a period of 120 days. In the event of such termination, all data associated with such user account will be deleted. Owner will provide you prior notice of such termination to the email on file at the time of such termination. You agree that no user will be able to access the software, Service, or information provided through your account once the account’s subscription expires.
6. Content Posted on Other Services. We have not reviewed, and cannot review, all of the material, including computer software, made available through the webpages to which Deermanage.com or the Service links, and that link to Deermanage.com or to the Service. Owner does not have any control over those non-Deermanage.com websites and webpages, and is not responsible for their contents or their use. By linking to a non-Deermanage.com website or webpage, Owner does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Owner disclaims any responsibility for any harm resulting from your use of non-Deermanage.com websites and webpages.
7. Intellectual Property. This Agreement does not transfer from Owner or Deermanage.com to you any of Owner intellectual property in the software, content of the Service, content of Deermanage.com, or any other copyright, trademarks, service marks, graphics and/or logos used in connection with Deermanage.com or the Service. Other trademarks, service marks, graphics and logos used in connection with the Service may be the trademarks of other third parties. Your use of the Service grants you no right or license to reproduce or otherwise use any Owner or third-party trademarks, copyrights, patents, or other intellectual property.
8. Advertisements. Owner reserves the right to display advertisements when you are utilizing the Service or viewing Deermanage.com.
9. Changes. Owner reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Owner may also, in the future, offer new services and/or features through the Website (including, the release of new tools, formulas, and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.
10. Termination. Owner may terminate your access to your account if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Owner’s notice to you thereof; except that, Owner can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, intellectual property provisions, warranty disclaimers, indemnity and limitations of liability.
11. Disclaimer of Warranties. You expressly understand and agree that the use of the Service is at your sole risk. The Service is provided “as is”. Owner hereby disclaims all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Owner nor its suppliers and licensors, makes any warranty that the Service or website will be error free or that access thereto will be continuous or uninterrupted. You understand that you access or download from, or otherwise obtain content or information through, the Service at your own discretion and risk. No advice or information, whether written or oral, obtained by you from Owner or Deermanage.com, its employees or representatives shall create any warranty not expressly stated in the terms.
12. Sample Files and Applications. Owner may provide sample files and applications for the purpose of demonstrating the possibility of using the Service effectively for specific purposes. The information contained in any such sample files and applications consists of random data. Owner makes no warranty, either express or implied, as to the accuracy, usefulness, completeness, or reliability of the information or the sample files and applications.
13. Limitation of Liability. In no event will Owner, or its suppliers or licensors, be liable with respect to any subject matter of this agreement or the Service under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special damages, incidental damages, indirect damages, punitive damages, consequential damages or other loss or damage whatsoever; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; (iv) loss of business profits, business interruption, computer failure, loss of business information, or other loss caused by your use of or inability to use the Service, even if Owner has been advised of the possibility or actuality of such damage; or (iv) for any amounts that exceed the fees paid by you to Owner under this agreement during the twelve (12) month period prior to the cause of action. Your sole remedy and exclusive remedy for any dispute with Owner related to any of the services shall be termination of such Service. You expressly represent that you understand that Owner is not liable for your use of the formulas, estimates, procedures, methods and/or processes contained in the Service. You understand that use of the Service is for informational purposes in the development of deer management estimates only, and that many factors, including the data you provide, will alter the output of any such formulas, estimates, procedures, methods and/or processes. Owner shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.
14. General Representation and Warranty. You represent and warrant that (i) your use of the Service will be in strict accordance with the Owner’s Privacy Policy, with this Agreement, and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Service will not infringe or misappropriate the intellectual property rights and/or privacy rights of any third party.
15. Indemnification. You agree to indemnify and hold harmless Owner, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Service, including but not limited to your violation of this Agreement.
16. Miscellaneous. This Agreement constitutes the entire agreement between Owner and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Owner, or by the posting by Owner of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Service will be governed by the laws of the state of Florida, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Pinellas County, Florida. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Rules of the American Arbitration Association by three arbitrators appointed in accordance with such Rules. The arbitration shall take place within 20 miles of St. Petersburg, Florida, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may not assign your rights under this Agreement to any party; Owner may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.