TERMS OF USE
CowboysHighway com LLC
Terms of Use
Modified April 1, 2016
CowboysHighway com LLC (“Cowboyshighway”) helps to connect consumers to entities providing equestrian related products and services (the “Industry Members”) across all fields of sport, work and recreation. The following Terms of Use outline your obligations when using the CowboysHighway com LLC websites, mobile applications, and all services or products provided by CowboysHighway com LLC.
1.ACCEPTANCE OF TERMS
The CowboysHighway com LLC website is available at www.CowboysHighway.com (the “Website”), any CowboysHighway com LLC mobile application, all related sites and mobile applications, and the various content, features, and services offered on and in connection with these sites and applications (collectively, the “Sites and Services”) are owned and operated by CowboysHighway com LLC and can only be accessed and used by you under the Terms of Use described below (“Terms of Use”).
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING, DOWNLOADING, OR USING ANY OF THE SITES AND SERVICES, YOU AGREE TO BECOME BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS, THEN YOU MAY NOT ACCESS AND USE THE SITES AND SERVICES.
1.MODIFICATIONS OF TERMS OF USE
CowboysHighway com LLC may, in its sole discretion, modify these Terms of Use at any time effective upon posting the modified Terms of Use on the Website, with or without additional notice to you. You are responsible for regularly reviewing information posted on the Website and the Sites and Services to obtain timely notice of such changes, and if you do not agree to the amended terms, you agree to immediately stop using the Sites and Services and to provide CowboysHighway com LLC notice to remove you from any distribution lists or other communication list that are available to you through your use of the Sites and Services. YOUR CONTINUED USE OF THE WEBSITE AND SERVICES AFTER SUCH POSTING (OR OTHER NOTIFICATION, IF ANY) MEANS YOU ACCEPT AND AGREE TO BE BOUND BY THE MODIFIED TERMS OF USE.
1.USE OF THE SITE AND SERVICES
Subject to full compliance with these Terms of Use, CowboysHighway com LLC grants authorized users a nonexclusive, nontransferable, nonsublicensable, terminable license to access and use the Sites and Services for your personal use. You agree to not access, reproduce, duplicate, copy, sell, re-sell, modify, distribute, transmit, or otherwise exploit the Sites or Services or any of their content for any purpose except for your personal use and as described in this Terms of Use, without the express written consent of CowboysHighway com LLC. CowboysHighway com LLC may modify, update, suspend or discontinue the Sites and Services, in whole or in part, at our sole discretion for any or no reason, at any time and with or without notice. CowboysHighway com LLC shall not be liable to any user or other third party for any such modification, update, suspension or discontinuance.
1.USER CONDUCT
As a condition of your access and use of the Sites and Services and your submission or access to any ratings, reviews, communications, information, data, text, photographs, audio clips, audiovisual works, or other materials on the Sites and Services (collectively, the “Content”), you agree not to use the Sites and Services for any purpose that is unlawful or prohibited by these Terms of Use, or any other purpose not reasonably intended by CowboysHighway com LLC. By way of example, and not as a limitation, you agree not to:
1.intentionally or unintentionally violate these Terms of Use, other applicable agreement with CowboysHighway com LLC, and any applicable local, state, national or international law, and any rules and regulations having the force of law;
2.use the Sites and Services in any manner that violates any relevant law or that infringes, misappropriates or violates any third party's rights, including, but not limited to, transmitting any Content that may infringe, misappropriate or violate a third party's rights of publicity, contractual rights, fiduciary rights or intellectual property rights;
3.use the Sites and Services or its Content for any purposes not authorized by this Terms of Use, including commercial, political, or religious purposes, including the submission or transmission of any Content that contains advertisements, promotional materials, junk mail, or any other form of solicitation;
4.reproduce, duplicate, copy, modify, sell, re-sell or exploit any Content or the Sites and Services for any commercial, educational, or any other non-personal purpose or any for any purpose unrelated to your personal purchasing decisions, without the express written consent of CowboysHighway com LLC, which consent may be withheld by CowboysHighway com LLC in our sole discretion;
5.post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure, interfere or attempt to interfere with the proper working of the Sites and Services or any activities conducted on the Sites and Services;
6.harass, threaten, intimidate, impersonate, or attempt to impersonate, any other person, falsify your contact or other information, misrepresent a relationship with any person or entity, including misrepresenting a relationship with CowboysHighway com LLC, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
7.knowingly provide or submit false or misleading information;
8.use the Sites and Services if you are under the age of eighteen (18);
9.take any action that would undermine the review and rating process under the Sites and Services;
10.attempt to gain unauthorized access to the Sites and Services, other user accounts, or other computer systems or networks connected to the Sites and Services;
11.use the Sites and Services in any way that could interfere with the rights of CowboysHighway com LLC or the rights of other users of the Sites and Services;
12.attempt to gain unauthorized access to any portion or feature of the Sites and Services, or any other systems or networks connected to the Sites and Services or to any server used by CowboysHighway com LLC by hacking, password “mining” or any other illegitimate or unauthorized means, including attempting to obtain password, account, or any other personal or private information from any other Sites and Services user;
13.sell, share, or otherwise transfer your account username, password, other information, or your rights or obligations under these Terms of Use;
14.transmit or submit any transmission or other materials that are encrypted or that contains viruses, Trojan horses, worms, time bombs, spiders, cancelbots or other computer programming routines that are likely or intended to damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services;
15.access, download, monitor, or copy any information contained on our Sites and Services through artificial means (including but not limited to use any 'deep-link', 'scraper', 'robot', 'spider' or other automatic device, program, algorithm or methodology, or any similar or equivalent automatic or manual process, or in any way reproduce or circumvent the navigational structure or presentation of the Sites and Services or any content, to obtain or attempt to obtain any Content, materials, documents or information through any means not purposely made available through the Sites and Services; or
16.probe, scan or test the vulnerability of the Sites and Services or any network connected to the Sites and Services, nor breach the security or authentication measures on or of the Sites and Services or any network connected to the Sites and Services. You may not reverse look-up, trace or seek to trace any information on any other user of the Sites and Services, or any other customer of CowboysHighway com LLC, including any CowboysHighway com LLC account not owned by you, to its source, or exploit the Sites and Services or any service or information made available or offered by or through the Sites and Services, in any way where the purpose is to reveal any information, including but not limited to personal identification or information other than your own information, except as expressly authorized by CowboysHighway com LLC and provided for by the Sites and Services;
1.COWBOYSHIGHWAY COM LLC SERVICES AND OTHER COWBOYSHIGHWAY COM LLC AGREEMENTS
When using or accessing particular services or features of the Sites and Services, you shall be subject to any posted agreements, guidelines, or rules applicable to such services or features that may be posted from time to time. All such agreements, guidelines, or rules are hereby incorporated by reference into the Terms of Use. For example, CowboysHighway com LLC restricts access to some portions of the Sites and Services to persons with an CowboysHighway com LLC Industry Account. The CowboysHighway com LLC Industry Member User Agreement is available at CowboysHighway com LLC, CowboysHighway’ Privacy Policy is incorporated herein by reference.
1.REGISTRATION INFORMATION
We may require that you create an account to use or access certain parts of the Sites and Services and use certain products and features. We may require that you provide login information such as a username and password to access and utilize your account. As a condition of your use of the Sites and Service, you agree to (a) provide CowboysHighway com LLC with true, accurate, current and complete information as prompted by the CowboysHighway com LLC' registration forms, when registering for or using the Sites and Services and (b) update and maintain the truthfulness, accuracy and completeness of such information. You are responsible for maintaining the confidentiality of any password or other account information not generally available to others and are fully responsible for all activities that occur under your username and password. While there are limited, legitimate reasons for creating multiple accounts, creating serial or overlapping accounts may result in account termination. Please contact us if you have questions about managing multiple accounts.
1.Submitting CONTENT
As a condition of submitting any Content or other materials to the Sites or Services, you agree that:
1.you grant to CowboysHighway com LLC a royalty free, perpetual, irrevocable, worldwide, nonexclusive, transferable, and sublicensable license to use, reproduce, copy, adapt, modify, merge, distribute, publicly display, create derivative works from, incorporate such Content into other works; grant to CowboysHighway com LLC all rights necessary to publish or refrain from publishing your name and address in connection with your Content; sublicense through multiple tiers the Content, and acknowledge that this license cannot be terminated by you once your Content is submitted to the Sites and Services;
2.you grant to CowboysHighway com LLC all rights necessary to prohibit the subsequent aggregation, display, copying, duplication, reproduction, distribution, or exploitation of your Content by any other party;
3.your name and report information may be made available to the public and to the Industry Member on which you report;
4.you represent that you own or have secured all legal rights necessary for the Content submitted by you to be used by you, CowboysHighway com LLC, and others as described and otherwise contemplated in these Terms of Use;
5.you represent and warrant that each person identified, depicted, or shown in in your Content, if any, (and if a minor, the parent or guardian of the minor) has provided consent to the use of the Content consistent with these Terms of Use.
6.you are solely responsible for your reviews and ratings;
CowboysHighway com LLC may, in its sole discretion, choose to remove or not to remove reviews and ratings once published;
8.You will not submit any reviews that may be considered by CowboysHighway com LLC to be infringing, harassing, libelous, abusive, threatening, obscene, profane, hateful, offensive, harmful, vulgar, distasteful, defamatory, or otherwise violates any relevant law or right of any other party, or racially, ethnically or otherwise objectionable;
9.all of your reviews and ratings will be based upon your actual first-hand experiences with the Industry Member you are reviewing;
10.all of your reviews and ratings of the Industry Member that you are rating will be accurate, honest, truthful, and complete in all respects;
11.you do not work for, own any interest in or serve on the board of directors of any of the Industry Members for which you submit reviews and ratings;
12.you are not in any way related (by blood, adoption or marriage, if the Industry Member is an individual) to any of the Industry Members for which you submit reviews or ratings;
13.you have not received any form of compensation to post reviews and ratings;
14.you will submit thorough and thoughtful reviews of the Industry Member you review (for example, submitting a review describing a service contractor as “He/She is great.” without additional commentary is not a thorough and thoughtful review);
15.you will not submit reviews that comment on other users or the reviews of other users;
16.you will not submit reviews with hyperlinks; and
17.the reviews and ratings that you provide do not reflect the views of CowboysHighway com LLC, its officers, managers, owners, employees, agents, designees or other users.
1.PUBLICATION AND DISTRIBUTION OF CONTENT
CowboysHighway com LLC cannot and does not guarantee the accuracy, integrity, quality or appropriateness of any Content transmitted to or through the Sites and Services. You acknowledge that CowboysHighway com LLC simply acts as a passive conduit and an interactive computer Industry Member for the publication and distribution of user-generated. You understand that all Content posted on, transmitted through or linked through the Sites and Services, are the sole responsibility of the person or entity from whom such Content originated. You understand that CowboysHighway com LLC does not control, and is not responsible for Content or Industry Member Content made available through the Sites and Services, and that by using the Sites and Services, you may be exposed to Content that is inaccurate, misleading, or offensive. You agree that you must evaluate and make your own judgment, and bear all risks associated with, the use of any Content.
You further acknowledge that CowboysHighway com LLC has no obligation to screen, preview, monitor or approve any user-generated Content on the Sites and Services. However, CowboysHighway com LLC reserves the right to review, modify and/or delete any Content that, in its sole judgment, violates these Terms of Use. By using the Sites and Services, you agree that it is solely YOUR RESPONSIBILITY to evaluate your risks to bear associated with the use, accuracy, usefulness, completeness or appropriateness of any Content that you submit, receive, access, transmit or otherwise convey through the Sites and Services. Under no circumstances will CowboysHighway com LLC be liable in any way for any Content, including, but not limited to, any Content that contains any errors, omissions, defamatory statements, or confidential or private information or for any loss or damage of any kind incurred as a result of the use of any Content submitted, accessed, transmitted or otherwise conveyed via the Sites and Services. You waive the right to bring or assert any claim against CowboysHighway com LLC relating to Content, and release CowboysHighway com LLC from any and all liability for or relating to any Content. CowboysHighway com LLC has no obligation to review, monitor, or remove any Content or other materials, except as required by law.
You may, however, report Content that you believe violates these Terms of Use or is otherwise unlawful by sending an email to info@cowboyshighway.com (for copyright complaints, please see below). Please note that you may be liable for damages (including costs and attorneys’ fees) for unlawful misrepresentations. If you are uncertain whether an activity is unlawful, we recommend seeking the advice of an attorney.
You agree that CowboysHighway com LLC may establish general practices, policies and limits, which may or may not be published, concerning the use of the Sites and Services, including without limitation, the time that reviews and ratings will be retained, the maximum number of reviews and ratings that may be sent from an account, the length of reviews and ratings sent, and the maximum number of times and the maximum duration for which you may access the Sites and Services in a given period of time. You agree that CowboysHighway com LLC has no responsibility or liability for the deletion or failure to store any Content or other materials maintained or transmitted by or through the Sites and Services. You agree that CowboysHighway com LLC has the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
1. INDUSTRY MEMBERS
CowboysHighway com LLC does not endorse and is not responsible or liable for any Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or Industry Member. You agree that should you use or rely on such Content, data, advertisement, products, goods or services, available or unavailable from, or through any third party or Industry Member, CowboysHighway com LLC is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any Industry Member, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such Industry Member exclusively and do not involve CowboysHighway com LLC. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging any Industry Member.
Third parties and Industry Members may link or otherwise direct Internet users to our Sites and Services for the purpose of utilizing one or more of the services we provide on behalf of others. Additionally, we may provide links or otherwise direct you to third party or Industry Member websites. CowboysHighway com LLC does not control or operate any such third party or Industry Member websites. Any information you provide to these third party or Industry Member websites while on these third party or Industry Member websites is subject to the respective policies of those third parties or Industry Member, and not CowboysHighway com LLC' policies. It is your responsibility to review such third party or Industry Member policies, including any relevant privacy policies. You agree that CowboysHighway com LLC will not be responsible or liable for, and does not endorse any content, advertising, goods or services provided on or through these outside websites or for your use or inability to use such websites. CowboysHighway com LLC does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give to any third party or Industry Member sites. You use these third party or Industry Member websites at your own risk.
You agree that CowboysHighway com LLC is not responsible for the accessibility or unavailability of any Industry Member or for your interactions and dealings with them, waive the right to bring or assert any claim against CowboysHighway com LLC relating to any interactions or dealings with any Industry Member, and release CowboysHighway com LLC from any and all liability for or relating to any interactions or dealings with Industry Member.
Without limiting the foregoing, your correspondence or business dealings with, consumption of products or services of, or participation in promotions of third parties or Industry Members found on or through the use of the Sites and Services, including payment for and delivery or fulfillment of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third party. You agree that CowboysHighway com LLC shall not be responsible or liable, directly or indirectly, for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties or Industry Members on the CowboysHighway com LLC Sites and Services.
1.Termination of Access
CowboysHighway com LLC may terminate your privilege to use or access the Sites and Services immediately and without notice for any reason whatsoever. Upon such termination, you must immediately cease accessing or using the Sites and Services and agree not to access or make use of, or attempt to use, the Sites and Services. Furthermore, you acknowledge that CowboysHighway com LLC reserves the right to take action -- technical, legal or otherwise -- to block, nullify or deny your ability to access the Sites and Services. You understand that CowboysHighway com LLC may exercise this right in its sole discretion, and this right shall be in addition to and not in substitution for any other rights and remedies available to CowboysHighway com LLC.
All provisions of these Terms of Use which by their nature should survive termination shall survive the termination of your access to the Sites and Services, including, without limitation, provision regarding ownership, warranty disclaimers, indemnity, and limitations of liability.
1.TRADEMARKS AND COPYRIGHTS
CowboysHighway com LLC, and other Sites and Services graphics, logos, designs, page headers, button icons, scripts, and service should be assumed to be the trademarks or trade dress of CowboysHighway com LLC in the United States and/or other countries. These trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names, keyword advertisements, or email addresses, or in connection with any product or service in any manner that is likely to cause confusion.
You should assume all Content and material made available on the Sites and Services is protect by copyright law. Aside from user-submitted Content, all other materials and other information on the Sites and Services, including, but not limited to, all text, graphics, logos, icons, images, audio and video clips, downloads, data compilations and software are the exclusive property of CowboysHighway com LLC and/or its licensors and are protected by all United States and international copyright laws.
1.Notice and Procedure for Making Claims of Copyright Infringement
CowboysHighway com LLC respects the intellectual property of others. It is our policy to respond expeditiously to legitimate claims of copyright and other intellectual property infringement. We will promptly process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws. Upon receipt of notices complying or substantially complying with the DMCA, we may act expeditiously to remove or disable access to any material claimed to be infringing or claimed to be the subject of infringing activity and may act expeditiously to remove or disable access to any reference or link to material or activity that is claimed to be infringing. We may terminate access for users of the Sites and Services who are infringers.
Notifying CowboysHighway com LLC of Copyright Infringement: To provide us with notice of an infringement, you must provide a written communication to the attention of “Site: DMCA Notification Dept.” at cowboyshighway@gmail.com] that sets forth the information specified by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is infringing your copyright. We will need the following information from you:
1.an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2.a description of the copyrighted work or other intellectual property that you claim has been infringed;
3.a detailed description of where the material that you claim is infringing is located or found on the Sites and Services;
4.your address, telephone number, and email address;
5.a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6.a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.
Providing CowboysHighway com LLC with Counter-Notification: If we remove or disable access to Content in response to an infringement notice, we may take reasonable attempts to contact the owner or administrator of the affected content. If your material has been removed and you feel that your material does not constitute infringement, you may provide us with a counter notification by written communication to the attention of “DMCA Counter Notification Dept.” at
Attn: Contracts and Legal Services Department, DMCA Counter Notification
380 New York Street, Redlands, CA 92373, USA
I that sets forth all of the necessary information required by the DMCA (http://www.copyright.gov/title17/92chap5.html#512). Please note that you may be liable for damages (including costs and attorneys’ fees) if you materially misrepresent that an activity is not infringing the copyrights of others. If you are uncertain whether an activity constitutes infringement, we recommended seeking the advice of an attorney.
1.DELAYS AND ACCESSIBILITY
The Sites and Services may be subject to limitations, delays, failure, and other problems inherent in the use of the Internet and electronic communications. CowboysHighway com LLC is not responsible for any delays, failures or other damage resulting from such problems.
1.USER FEEDBACK
CowboysHighway com LLC appreciates hearing from you, as well as our other users, and welcomes your comments regarding our Sites and Services. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, or materials other than those which we have specifically requested. Although we do value your feedback on our Sites and Services, please be specific in your comments regarding our services and do not submit creative ideas, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts or other information (collectively, the “Submissions”), such Submissions will be the property of CowboysHighway com LLC. In addition, none of the Submissions will be subject to any obligations of confidentiality and CowboysHighway com LLC will not be liable for any future use or disclosure of such Submissions.
1.WARRANTIES and Disclaimers.
You acknowledge that CowboysHighway com LLC has no control over, and no duty to take any action regarding: which users gain access to or use the Sites and Services; what effects the content on or in connection with the Sites and Services may have on you; how you may interpret or use the content on or in connection with the Sites and Services; or what actions you may take as a result of having been exposed to the content on or in connection with the Sites and Services. You release CowboysHighway com LLC from all liability for you having acquired or not acquired content or information through the Sites and Services. The Sites and Services may contain, or direct you to sites containing information that some people may find offensive or inappropriate. CowboysHighway com LLC makes no representations concerning any content contained in or accessed through the Sites and Services and CowboysHighway com LLC will not be responsible or liable for the accuracy, copyright compliance, legality or decency of material contained in or accessed through the Sites and Services. CowboysHighway com LLC makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein.
YOU ACCESS AND USE THE SITES AND SERVICES AT YOUR OWN RISK. THE SITES AND SERVICES ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER COWBOYSHIGHWAY COM LLC NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON OR IN CONNECTION WITH THE SITES AND SERVICES, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF COWBOYSHIGHWAY COM LLC, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO, OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. WE ARE NOT LIABLE FOR CRIMINAL, TORTUOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THE SITES AND SERVICES. IN NO EVENT WILL COWBOYSHIGHWAY COM LLC OR ANY OF ITS MEMBERS, DIRECTORS, OFFICERS, AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTUOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL COWBOYSHIGHWAY COM LLC OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITES AND SERVICES.
ANY MATERIAL ACCESSED, DOWNLOADED, OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITES AND SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM COWBOYSHIGHWAY COM LLC OR THROUGH OR FROM THE SITES AND SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
EXCEPT AS OTHERWISE EXPRESSLY PROVIDED IN THESE TERMS OF USE, COWBOYSHIGHWAY COM LLC DOES NOT REPRESENT OR WARRANT THAT (A) THE SITES AND SERVICES WILL MEET YOUR REQUIREMENTS, (B) THE SITES AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITES AND SERVICES WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITES AND SERVICES WILL MEET YOUR EXPECTATIONS, AND (E) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE ANY OF THE SITES AND SERVICES FOR INDEFINITE PERIODS OF TIME OR CANCEL ANY OF THE SITES AND SERVICES AT ANY TIME, WITHOUT NOTICE TO YOU.
COWBOYSHIGHWAY COM LLC SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SITES AND SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND COWBOYSHIGHWAY COM LLC HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
The Sites and Services may display links to other Internet sites or resources. Because CowboysHighway com LLC has no control over such sites and resources, you acknowledge and agree that CowboysHighway com LLC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that CowboysHighway com LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
1.INDEMNITY
You agree to indemnify, defend and hold harmless CowboysHighway com LLC, its officers, members, managers, owners, employees, agents, designees, users, successors, assigns, Industry Member and suppliers from and against all losses, liabilities, expenses, damages, claims, demands and costs, including reasonable attorneys' fees and court costs due to or arising from: (a) any violation of these Terms of Use by you; (b) the inaccurate or untruthful Content or other information provided by you to CowboysHighway com LLC or that you submit, transmit or otherwise make available through the Sites and Services; or (c) any intentional or willful violation of any rights of another or harm you may have caused to another. CowboysHighway com LLC will have sole control of the defense of any such damage or claim.
1.Limitation of liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT COWBOYSHIGHWAY COM LLC, ITS OFFICERS, MEMBERS, EMPLOYEES AND AGENTS WILL NOT BE LIABLE UNDER CONTRACT, TORT, STRICT LIABILITY, NEGLIGENCE OR ANY OTHER LEGAL THEORY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, COMPENSATORY, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COWBOYSHIGHWAY COM LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) (COLLECTIVELY, “DAMAGES”), WITH RESPECT TO THE SITES AND SERVICES, INCLUDING, BUT NOT LIMITED TO: (A) THE USE OR INABILITY TO USE THE SITE AND SERVICES; (B) THE COST OF ANY GOODS AND/OR SERVICES PURCHASED OR OBTAINED AS A RESULT OF THE USE OF THE SITES AND SERVICES; (C) DISCLOSURE OF, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS, DATA, INFORMATION, OR CONTENT; (D) CONTENT YOU SUBMIT, RECEIVE, ACCESS, TRANSMIT OR OTHERWISE CONVEY THROUGH THE SITE AND SERVICES; (E) STATEMENTS OR CONDUCT OF ANY INDUSTRY MEMBER OR OTHER THIRD PARTY IN CONNECTION WITH OR THROUGH THE SITES AND SERVICES; (F) ANY OTHER MATTER RELATING TO THE SITES AND SERVICES; (G) ANY BREACH OF THESE TERMS OF USE BY COWBOYSHIGHWAY COM LLC OR THE FAILURE OF COWBOYSHIGHWAY COM LLC TO PROVIDE THE SITES AND SERVICES UNDER THESE TERMS OF USE OR (H) ANY OTHER DEALINGS OR INTERACTIONS YOU HAVE WITH ANY INDUSTRY MEMBER (OR ANY OF THEIR REPRESENTATIVES OR AGENTS). TO THE EXTENT COWBOYSHIGHWAY COM LLC, ITS OFFICERS, MEMBERS, EMPLOYEES AND AGENTS ARE FOUND LIABLE FOR ANY DIRECT DAMAGES RELATED TO THESE TERMS OF USE OR THE USE OF THE SITES AND SERVICES, LIABILITY FOR DAMAGES SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00) IN THE AGGREGATE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
1.BREACH OF TERMS OF USE AND LIQUIDATED DAMAGES
You understand that the Content on the Sites and Services has significant value to CowboysHighway com LLC and that the damage caused to CowboysHighway com LLC for any violation of these Terms of Use pertaining to the Content will be difficult to accurately estimate. Thus you shall be liable to pay us the following amounts as liquidated damages, and you agree that the liquidated damages are a reasonable estimate of CowboysHighway com LLC' damages for the specified breaches of these Terms of Use:
1.If you post Content in violation of these Terms of Use, you agree to promptly pay CowboysHighway com LLC One Thousand Dollars ($1,000.00) for each item of Content posted in violation of these Terms of Use. We may (but shall not be required to) issue you a warning before assessing damages.
2.If you display, copy, duplicate, reproduce, sell, re-sell or exploit for any purpose any Content in violation of these Terms of Use, you agree to pay One Hundred Dollars ($100.00) for each record or report that you displayed, copied, duplicated, reproduced, sold, re-sold or exploited for any purpose.
3.If you use computer programming routines that are intended to aggregate Content from the Sites and Services or otherwise damage, interfere with, disrupt, impair, disable or otherwise overburden the Sites and Services, you agree to pay One Hundred Dollars ($100.00) for each piece of Content that is aggregated, disrupted, damaged or otherwise affected by you.
4.Except as set forth in the foregoing subparagraphs (a) through (c), inclusive, you agree to pay the actual damages suffered by CowboysHighway com LLC, including, but not limited to attorneys' fees and court costs, to the extent such actual damages can be reasonably calculated. Notwithstanding any other provision of these Terms of Use, we reserve the right to seek the remedy of specific performance of any term contained herein, or a preliminary or permanent injunction against the breach of any such term or in aid of the exercise of any power granted in these Terms of Use, or any combination thereof.
1.NOTICE
By use of the Sites and Services, you consent to receive electronic communications from CowboysHighway com LLC (via email or via a posting on the Sites and Services), and you agree that any such communications satisfy any legal requirement to make such communications in writing. You also agree that CowboysHighway com LLC may communicate any notices to you under these Terms of Use, through electronic mail, regular mail or posting the notices on the Sites and Services. All notices to CowboysHighway com LLC will be provided by either sending: (i) an email to [INSERT EMAIL]; or (ii) a letter, first class certified mail, to CowboysHighway com LLC, 2265 Pioneer Rd., Homedale, ID 83628, Attn: Bland Ballard, CEO. Such notices will be deemed delivered upon the earlier of the verification of delivery or two (2) business days after being sent.
1.ENTIRE AGREEMENT
These Terms of Use and other agreements, rules, and policies incorporated by reference to these Terms of Use including, without limitation, the Privacy Policy, constitutes the entire agreement between you and CowboysHighway com LLC. It supersedes any prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between you and CowboysHighway com LLC regarding the subject matter contained in these Terms of Use. Additional terms and conditions may exist between you and third parties, including but not limited to, Industry Members and others. You represent and warrant that those third party agreements do not interfere with your obligations and duties to CowboysHighway com LLC under these Terms of Use.
1.GOVERNING LAW
These Terms of Use and the relationship between you and CowboysHighway com LLC will be governed by the laws of the State of Idaho, notwithstanding the choice of law provisions of the venue where any action is brought, where the violation occurred, where you may be located or any other jurisdiction. You agree and consent to the exclusive jurisdiction of the state or federal courts located in Idaho and waive any defense of lack of personal jurisdiction or improper venue or forum non conveniens to a claim brought in such court, except that CowboysHighway com LLC may elect, in its sole discretion, to litigate the action in the county or state where any breach by you occurred or where you can be found. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Sites and Services or these Terms of Use shall be filed within two (2) years after such claim or cause of action arose or will forever be barred.
1.MISCELLANEOUS
If you breach any term of this Terms of Use or other agreement with CowboysHighway com LLC, CowboysHighway com LLC may pursue any legal or equitable remedy available, including but not limited to, direct, consequential, and punitive damages and injunctive relief. CowboysHighway com LLC' remedies are cumulative and not exclusive. Failure of CowboysHighway com LLC to exercise any remedy or enforce any portion of the Terms of Use at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. If any provision of the Terms of Use is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Terms of Use shall otherwise remain in full force and effect and enforceable. These Terms of Use are not assignable, transferable or sublicensable by you except with CowboysHighway com LLC' prior written consent. We may transfer, assign or delegate the Terms of Use and their rights and obligations without consent. Users of the Sites and Services are responsible for compliance with all applicable regulations and laws. No joint venture, partnership, employment or agency relationship exists between you and CowboysHighway com LLC as a result of these Terms of Use or use of the Sites and Services.
CowboysHighway Com, LLC
Attention: Bland Ballard, CEO
2265 Pioneer Rd.
Homedale, ID 83628
Call: 208-488-0906
Email: cowboyshighway@gmail.com
info@cowboyshighway.com