Effective Date: January 9 2025
Welcome to FowlTracker, a service provided by Sacramento Labs LLC. By using FowlTracker, you agree to these Terms of Service ("Terms"). Please read them carefully. If you do not agree to these Terms, you must not use FowlTracker.
1. Eligibility
FowlTracker is intended for users 18 years or older and is available only to residents of North America. By using FowlTracker, you confirm that you meet these eligibility requirements.
2. Use of the Service
Lawful Use Only: You agree to use FowlTracker for lawful purposes only. You must comply with all applicable hunting, trespassing, and wildlife regulations in your jurisdiction.
No Guarantee of Accuracy: The information provided by FowlTracker, including but not limited to waterfowl maps, weather data, and land boundaries, is for informational purposes only. While we strive for accuracy, we cannot guarantee it. The map is not the terrain, and you use the data at your own risk.
Assumption of Risk: By using FowlTracker, you acknowledge that hunting is an inherently risky activity. You assume full responsibility for any harm, damage, or loss resulting from your use of FowlTracker.
3. Prohibited Activities
You may not:
- Share Login Credentials: Your FowlTracker account is for your personal use only. Sharing login credentials or allowing others to access your account is strictly prohibited. Any accounts found to have been shared may be terminated immediately without refund.
- Copy, modify, distribute, or create derivative works from FowlTracker's maps, data, or content without written permission.
- Use FowlTracker for illegal activities, including but not limited to trespassing on private property or violating hunting laws.
- Attempt to interfere with the operation of FowlTracker or access unauthorized areas of the service.
4. Payment and Refund Policy
Refunds: Refunds will not be issued unless we decide to make an exception at our sole discretion.
5. Account Termination
We reserve the right to terminate your account for any reason, including but not limited to misuse or violation of these Terms.
Terminated users will not have access to their saved data or hunting logs unless we choose to grant such access as an exception.
6. Disclaimer of Liability
Accuracy of Data: FowlTracker disclaims all liability for inaccuracies or errors in the data provided, including but not limited to waterfowl locations, weather overlays, or land boundaries.
Land Data Limitations: Public/private land boundaries are intended for general informational purposes only. Users must independently verify property boundaries and comply with all applicable access laws.
Hunting Risks: You acknowledge that hunting involves inherent risks, including but not limited to accidents, injuries, and equipment damage. FowlTracker is not responsible for any harm, injury, or damage that occurs while using the service.
General Disclaimer: You agree to hold Sacramento Labs LLC, its affiliates (including but not limited to AgriNerds), and its team harmless and waive any right to bring legal action against us for any claim arising from your use of FowlTracker, including but not limited to accidents, injuries, property damage, or data inaccuracies.
7. Indemnification
You agree to indemnify, defend, and hold harmless Sacramento Labs LLC, its affiliates (including but not limited to AgriNerds), and its team from any and all claims, damages, losses, liabilities, costs, and expenses (including but not limited to legal fees) arising out of or related to your use of FowlTracker.
This includes, but is not limited to:
- Misuse of FowlTracker.
- Violations of applicable laws or regulations.
- Harm caused to others as a result of your actions while using the app.
- Claims arising from inaccuracies in data provided by FowlTracker.
- Breach of these Terms.
8. Data Ownership
All data entered or generated in FowlTracker, including but not limited to hunting logs and notes, is the sole property of Sacramento Labs LLC. Users acknowledge that they do not retain ownership of any data and may lose access to it if their account is terminated.
9. No Guarantees
FowlTracker provides no guarantees regarding app uptime, performance, or uninterrupted access.
We will, however, make reasonable efforts to maintain reliable service.
10. Force Majeure
Sacramento Labs LLC is not liable for delays or failures caused by events beyond its control, including but not limited to natural disasters, server outages, government regulations, or technological failures.
11. Intellectual Property
All content on FowlTracker, including but not limited to maps, data, and software, is the exclusive property of Sacramento Labs LLC. Unauthorized use, reproduction, or distribution is strictly prohibited.
12. Changes to Terms
We reserve the right to modify these Terms at any time without prior notice. Continued use of FowlTracker after changes are posted constitutes acceptance of the updated Terms.
13. Governing Law and Dispute Resolution
These Terms are governed exclusively by the laws of the State of California.
Any disputes will be resolved through binding arbitration in Sacramento, California, as per the rules of the American Arbitration Association, regardless of the user’s location.
14. User Consent
By creating an account or using FowlTracker, you explicitly acknowledge that you have read, understood, and agree to these Terms of Service in their entirety.
15. Contact Us
If you have any questions about these Terms, please contact us at:
Email: support@fowltracker.com