Welcome to Cowhugger.com! Please read these terms of use (“Terms”) carefully. These terms of use, modified or amended from time to time, are a binding contract between Cowhugger (“Cowhugger” or “we” or “us”), the operator of Cowhugger.com, and you (“you”), the user of this website. If you visit, use, browse, or shop at Cowhugger.com (the “Site”), or any other website operated by Cowhugger, you accept these terms. To use Cowhugger.com, you must be legally competent to enter a binding agreement.
1. Privacy Policy. Please read our Privacy Policy, which is incorporated into these Terms. We reserve the right to contact you in connection with our or your compliance with and performance of these Terms (including without limitation the license rights granted hereunder) or any Content or activities relating to the Site. You acknowledge that Cowhugger.com may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms; (c) respond to claims that any Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Cowhugger, Site users, and the public.
2. Limited License. The Content of Cowhugger.com is for your general information and use only. It is subject to change without notice.
3. Prohibited Use. You agree that you will not disrupt the functioning of the Cowhugger.com system or otherwise act in a way that interferes with other users' use of the Site. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offense.
4. Disclaimer of Warranties. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this website for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
Your use of any information or materials on the Site is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
5. Protection of Site Content. All content on Cowhugger.com, including but not limited to, the design, layout, text, logos, images, look, appearance and graphics, as well the collection, arrangement, and assembly of such content, including code and processes, is the exclusive property of Cowhugger or is licensed for our use by our content suppliers. Specifically, this means, for example, that you can’t copy our logo, our Site name, our font use, our clever slogans, any pictures or photographs, or any combination. These items are expressly trademarked and service marked herein, and all rights are reserved. Reproduction in any form, including publishing, uploading, posting, transmitting, or distributing, is prohibited without prior express written consent from Cowhugger.
6. Third Party Websites. We provide links to other World Wide Web sites or resources. We do not control these sites and resources, do not endorse them, and are not responsible for any aspects of those sites, including their availability, accuracy, content, legality or delivery of services. You waive any claim resulting from your exposure to material on or through Cowhugger.com that is offensive, indecent, or otherwise objectionable. The inclusion of any link on the Site does not imply that we endorse the linked site. You use the links at your own risk. Our Privacy Policy is applicable only when you are on our Site.
7. Exclusion of Damages; Limitation of Liability. You agree to indemnify Cowhugger, Cowhugger.com, and its subsidiaries, affiliates, officers, directors, employees, agents, attorneys, and suppliers against any claim or demand for damages, costs, expenses and other liabilities, including but not limited to attorneys’ fees and expenses, relating to any claim arising out of or related to: (i) your access to and use of Cowhugger.com and the content therein; (ii) your violation of these Terms (including terms incorporated into them, e.g., the Privacy Policy any supplemental terms), and any applicable law or the rights of another person or party; (iii) any dispute you have or claim to have with one or more users of the Site; (iv) our resolution (if any) of any dispute you have or claim to have with one or more users of the Site; (v) your improper authorization for Cowhugger to collect, use or disclose any data or Content provided by you; and (vi) any disclosures made with your permission (including, without limitation, your consent that Cowhugger
disclose your personal information and other information collected as set forth in our Privacy Policy). Furthermore, you fully understand and agree that: (a) Cowhugger will have the right but not the obligation to resolve disputes between users relating to the Site, and our resolution of a particular dispute does not create an obligation to resolve any other dispute; and (b) our resolution of a dispute will be final with respect to the Site.
8. Public Forums. Cowhugger.com may, from time to time, make messaging services, chat services, bulletin boards, message boards, blogs, other forums and other such services available on or through the Site. In addition to any other rules or regulations that we may post in connection with a particular service, you agree that you shall not upload, post, transmit, distribute or otherwise publish through the Site or any service or feature made available on or through the Site, any materials which (i) restrict or inhibit any other
user from using and enjoying the Site or the Site's services, (ii) are fraudulent, unlawful, threatening, abusive, harassing, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent, (iii) constitute or encourage conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law, (iv) violate, plagiarize or infringe the rights of third parties including, without limitation, copyright, trademark, trade secret, confidentiality, contract, patent, rights of privacy or publicity or any other proprietary right, (v) contain a virus, spyware, or other harmful component, (vi) contain embedded links, advertising, chain letters or pyramid schemes of any kind, or (vii) constitute or contain false or misleading indications of origin, endorsement or statements of fact. You further agree not to impersonate any other person or entity, whether actual or fictitious, including anyone from Cowhugger. You also may not offer to buy or sell any product or service on or through your comments submitted to our forums. You alone are responsible for the content and consequences of any of your activities.
9. Right to Monitor and Editorial Control. Cowhugger reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services or features by users, and Cowhugger is not responsible for any such materials posted by users. However, Cowhugger reserves the right at all times to disclose any information as necessary to satisfy any law, regulation or government request, or to edit, refuse to post or to remove any information or materials, in whole or in part, that in our sole discretion are objectionable or in violation of these Terms, Cowhugger’s policies or applicable law. We may also impose limits on certain features of the forums or restrict your access to part or all of the forums without notice or penalty if we believe you are in breach of the guidelines set forth in this paragraph, our terms and conditions or applicable law, or for any other reason without notice or liability.
10. Modification of Terms. You agree that from time to time we may, at our sole discretion, modify, add or remove any or all parts of these Terms and the Privacy Policy. Such modifications will be effective immediately upon posting of the modified Terms to the Site. Your continued use of the Site following the posting of changes to these Terms will mean that you accept those changes. We reserve the right from time to time to temporarily or permanently modify or discontinue, and restrict or block access to, the Site (or any part thereof) without notice.
11. Supplemental Terms.
Severance. If any part of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, the invalid or unenforceable part will be given effect to the greatest extent possible, and the remainder will remain in full force and effect, provided that the allocation of risks described herein is given effect to the fullest extent possible.
No Assignment. These Terms (including terms incorporated into them, e.g., the Privacy Policy) are personal to you and you may not transfer, assign or delegate them to anyone without the express written permission of Cowhugger. Any attempt by you to assign, transfer or delegate these Terms without the express written permission of Cowhugger will be null and void. Cowhugger shall have the right to transfer, assign and/or delegate these Terms to one or more third parties without your permission.
Jurisdiction; Choice of Law. Cowhugger.com is controlled by us from our offices within the United States of America. If you choose to access this Site from locations outside the U.S., you do so at your own risk, and you are responsible for compliance with applicable local laws. These Terms and all performances and claims of every nature (including without limitation, contract, tort and strict liability) relating in any way to any aspect of the Site will be governed by the laws of the State of California, U.S.A., without regard to any conflicts of laws principles that would result in the application of the law of a different jurisdiction. You and Cowhugger agree to submit to the personal and exclusive jurisdiction of the courts located within California. Any disputes regarding such claims or arising under or related in any way to these Terms or the Site shall be heard exclusively in the appropriate forum in California. You hereby waive any claim or defense that such forum is not convenient or proper, and consent to service of process by any means authorized by California or federal law.
Limitations on Actions. Any action concerning any dispute you may have with respect to the Site must be commenced within one year after the cause of the dispute arises, or the cause of action is barred.
Entire Agreement. These Terms (including terms incorporated into them, e.g., the Privacy Policy) comprise the entire agreement (the "Entire Agreement") between you and Cowhugger with respect to the use of the Site and supersedes all contemporaneous and prior agreements between the parties regarding the subject matter contained herein, and neither party has relied on any representations made by the other that are not expressly set forth in the Entire Agreement.
No Waiver. The failure of Cowhugger to exercise or enforce any right or provision of these Terms, including any failure to act with respect to a breach, will not constitute a waiver of such right or provision or our right to act with respect to subsequent or similar breaches. We suggest that you print out a copy of these Terms for your records. Or save paper and copy this to your hard drive.