PLEASE CAREFULLY READ AND REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS CONTENT. ANY USE OF THIS WEBSITE OR APPLICATION CREATES A BINDING AGREEMENT TO COMPLY WITH THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD EXIT THIS CONTENT OR APPLICATION IMMEDIATELY.
Last Updated: October 17, 2016
USER AGREEMENT TO TERMS
The following are terms of a legal agreement (the “Agreement”) between you and Herdmap LLC, a Missouri Limited Liability Company, (“Herdmap”) that sets forth the terms and conditions for your use of this application or website (collectively, the “Content”). The Content is owned and operated by Herdmap. This Content is being provided to you expressly subject to this Agreement. The Content is NOT a service, but a platform. By accessing, browsing and/or using the Content, you acknowledge that you have read, understood, and agree to be bound by the terms of this Agreement and to comply with all applicable laws and regulations. The terms and conditions of this Agreement form an essential basis of the bargain between you and Herdmap.
Herdmap reserves the right to amend this Agreement at any time and will notify you of any such changes by posting the revised Agreement on the Content. You should check this Agreement periodically for changes. All changes shall be effective upon posting. Your continued use of the Content after any change to this Agreement constitutes your agreement to be bound by any such changes. Herdmap may terminate, suspend, change, or restrict access to all or any part of this Content without notice or liability.
ARBITRATION NOTICE: EXCEPT IF YOU OPT OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “AGREEMENT TO ARBITRATE” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND HERDMAP WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
LIMITATIONS OF USE
The copyright in all material on this Content, including, without limitation, the text, data, articles, design, source code, software, photos, images and other information (collectively the “Material”), is held by Herdmap or by the original creator of the material and is protected by U.S. and International copyright laws and treaties. You agree that the Material may not be copied, reproduced, distributed, republished, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the express prior written consent of Herdmap. You acknowledge that the Material is and shall remain the property of Herdmap. You may not modify, participate in the sale or transfer of, or create derivative works based on any Material, in whole or in part. The use of the Material on any other application, website, or other electronic medium, including by linking or framing, or in any networked computer environment for any purpose, is prohibited without Herdmap’s prior written approval. You also may not, without Herdmap’s express written permission, “mirror” any material contained on this Content on any other server. Any unauthorized use of any Matrial on this Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications statutes and regulations. You agree to use the Material and Content only for lawful purposes. Please be aware of your surroundings and circumstances in using the Content. You agree that your use of the Content is at your own risk, and it is your responsibility to maintain such health, liability, hazard, personal injury, medical, life, and other insurance policies as you deem reasonably necessary for any injuries that you may incur while using the Content. You are prohibited from any use of the Material or Content that would constitute a violation of any applicable law, regulation, rule or ordinance of any nationality, state, or locality or of any international law or treaty, or that could give rise to any civil or criminal liability. Any unauthorized use of the Material, including but not limited to unauthorized entries, misuse of passwords, or misuse of any information posted on the Content is strictly prohibited. Herdmap makes no claims concerning whether the Material may be downloaded or is appropriate for use outside of the United States or any State. If you access the Material or Content from outside of the United States or any State where use is restricted, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction. Your eligibility for particular products or services is subject to final determination by Herdmap.
ELIGIBILITY AND REGISTRATION
If you want to use certain features of the Content, you will have to create an account with us (an “Account”). It’s important that you provide us with accurate, complete, and up-to-date information for your Account (the “User Content”, and you agree to update such information as needed, to keep it accurate, complete, and up-to-date. If you don’t, we might have to suspend or terminate your Account. You agree that you won’t disclose your Account password to anyone and you’ll notify us immediately of any unauthorized use of your Account. You’re responsible for all activities that occur under your Account, whether or not you know about them.
We comply with the Children’s Online Privacy Protection Act (COPPA) through the verification and consent process handled by Herdmap. If you are over the age of 13 and register to create an Account through Herdmap, Herdmap will enable you to access and use the Content. The Parent of each child under the age of 13 must register with Herdmap before a child may use the Content. Parental registration may require the Parent to verify that he or she is the Parent of the child and to consent to the creation of an Account with us for the child. Upon receipt of both parental verification and consent, Herdmap will enable the Parent to create an Account with us for the child.
If a Parent does not consent to a child’s access to and use of the Content or does not verify the Parent’s consent through the consent process, Herdmap will bar that child’s registration for an Account, prevent the child’s access to and use of the Content, and ensure that such child’s information is not accessible through the Content. If a Parent has consented to a child’s access to and use of the Content, but wishes to rescind such consent, the Parent should contact us to submit the request. We will discontinue that child’s access to and use of the Content and ensure that such child’s information is no longer accessible through the Content.
Parents of children under the age of 13 understand and agree that Herdmap may provide information submitted to Herdmap, or collected via the Content, to third parties who use such information for the sole purpose of administering or providing Services (e.g., third-party security monitoring services and web-hosting companies).
CONTENT AND USE RESTRICTIONS
You agree that you are responsible for your own conduct and User Content while using the Content, and for any consequences thereof. You agree not to post, upload, publish, display, transmit, share, store or otherwise make or attempt to make publicly available on the Content or on any other website, or in any email, blog, forum, medium or other communication of any kind, any private or personally identifiable information of any Herdmap member or other third party, including, without limitation, names, addresses, phone numbers, email addresses, Social Security numbers, driver’s license numbers, or bank account or credit card numbers, whether or not such private or personally identifiable information is displayed on or ascertainable from the Content, or obtained or obtainable from sources unrelated to the Content (such as from a “Google® search” or other online research).
You agree to not to use the Material or any Content to upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial or non-commercial solicitation or bulk communications of any kind to any Herdmap member or other third party. In order to protect Herdmap members from such advertising or solicitation, Herdmap reserves the right to restrict the number of emails, messages, or post which a member may send to other members in any 24-hour period to a number which Herdmap deems appropriate in our sole discretion. Directly contacting more than ten (10) Herdmap members with a materially identical message within a 24-hour period is presumed to be spam and a violation of this Agreement.
Herdmap reserves the right to patent in the United States or any other jurisdiction any technologies and processes owned by Herdmap and embodied in or used by this Content.
Herdmap (including the Herdmap logo), Herdmap.com, and all related logos (collectively the “Herdmap trademarks”) are trademarks or service marks of Herdmap. Other company, product, and service names and logos used and displayed on this Content may be trademarks or service marks owned by Herdmap or others. Nothing on this Content should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Herdmap trademarks displayed on this Content, without written permission by Herdmap in each instance. You may not use, copy, display, distribute, modify or reproduce any of the trademarks found on the Content unless in accordance with written authorization by Herdmap. Herdmap prohibits use of any of the Herdmap Trademarks as part of a link to or from any site unless establishment of such a link is approved in writing by Herdmap in advance. Any questions concerning any Herdmap Trademarks, or whether any mark or logo is a Herdmap Trademark, should be referred to Herdmap.
LINKS TO THIRD-PARTY SITES
DISCLAIMER OF WARRANTIES
NONE OF HERDMAP, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, INDEPENDENT CONTRACTORS OR LICENSORS (COLLECTIVELY THE “HERDMAP PARTIES”) GUARANTEES THE ACCURACY, ADEQUACY, TIMELINESS, RELIABILITY, COMPLETENESS, OR USEFULNESS OF ANY OF THE CONTENT AND HERDMAP DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THE CONTENT.
THIS CONTENT AND ALL OF THE ASSOCIATED CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF THE CONTENT. HERDMAP PARTIES DO NOT WARRANT THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THIS DOES NOT AFFECT THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
HERDMAP MAY DISCONTINUE OR MAKE CHANGES IN THE CONTENT AT ANY TIME WITHOUT PRIOR NOTICE TO YOU AND WITHOUT ANY LIABILITY TO YOU. ANY DATED INFORMATION IS PUBLISHED AS OF ITS DATE ONLY, AND HERDMAP PARTIES DO NOT UNDERTAKE ANY OBLIGATION OR RESPONSIBILITY TO UPDATE OR AMEND ANY SUCH INFORMATION. HERDMAP RESERVES THE RIGHT TO TERMINATE ANY OR ALL CONTENT OFFERINGS OR TRANSMISSIONS WITHOUT PRIOR NOTICE TO YOU. THIS CONTENT COULD CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. USE OF THIS CONTENT IS AT YOUR OWN RISK.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL HERDMAP PARTIES BE LIABLE FOR ANY DAMAGES INCLUDING GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES (INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND WHETHER IN AN ACTION IN CONTRACT OR NEGLIGENT ACTS OR OMISSIONS ARISING OR
RELATING IN ANY WAY TO THE USE OR INABILITY TO USE BY ANY PARTY OF THE CONTENT, THE SITE OR ANY THIRD-PARTY SITE TO WHICH THIS CONTENT IS LINKED, OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE, EVEN IF HERDMAP PARTIES, OR REPRESENTATIVES THEREOF, ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES OR EXPENSES. HERDMAP IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS CONTENT IS TO STOP USING THE CONTENT. IF YOUR USE OF MATERIALS FROM THIS CONTENT RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, OR ANY HARM OR INJURY OF ANY KIND, YOU ASSUME ANY COSTS THEREOF. IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT HERDMAP PARTIES’ TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless Herdmap Parties from and against any and all claims, losses, expenses, demands or liabilities, including attorneys’ fees and costs, incurred by the Herdmap Parties in connection with any claim by a third party (including any intellectual property claim) arising out of (i) materials and content you submit to, post to or transmit through the Content, or (ii) your use of the Content in violation of this Agreement or in violation of any applicable law. You further agree that you will cooperate fully in the defense of any such claims. Herdmap Parties reserve the right, at their own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you shall not in any event settle any such claim or matter without the written consent of Herdmap. You further agree to indemnify and hold harmless Herdmap Parties from any claim arising from a third party’s use of information or materials of any kind that you post to the Content.
MONITORING OF THE CONTENT
Herdmap has no obligation to monitor the Content; however, you acknowledge and agree that Herdmap has the right to monitor the Content electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Content, or to protect itself or other users of the Content.
SUBMISSIONS TO THE CONTENT
USE OF PERSONALLY IDENTIFIABLE INFORMATION
This Content is not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to applicable law or regulation. By offering this Content no distribution or solicitation is made by Herdmap to any person to use the Material or Content in jurisdictions where the provision of the site and/or content is prohibited by law.
This Agreement is effective until terminated by Herdmap. Herdmap may terminate this Agreement at any time without notice, or suspend or terminate your access and use of the Content at any time, with or without cause, in Herdmap’s absolute discretion and without notice. The following provisions of this Agreement shall survive termination of your use or access to the Content: the sections concerning Indemnification, Disclaimer of Warranties, Limitation of Liability, Waiver, Applicable
Law and Dispute Resolution, and General Provisions, and any other provision that by its terms survives termination of your use or access to the Content.
Failure by Herdmap to enforce any of its rights under this Agreement shall not be construed as a waiver of those rights or any other rights in any way whatsoever.
APPLICABLE LAW AND DISPUTE RESOLUTION
This Agreement and all other aspects of your use of the Content shall be governed by and construed in accordance with the laws of the United States and, to the extent applicable, to the laws of the State of Missouri, without regard to its conflict of laws rules. You agree that you will notify Herdmap in writing of any claim or dispute concerning or relating to the Content and the information or services provided through it, and give Herdmap a reasonable period of time to address it BEFORE bringing any legal action, either individually, as a class member or representative, or as a private attorney general, against Herdmap.
This Agreement shall be subject to any other agreements you have entered into with Herdmap.
Certain sections or pages on the Content may contain separate terms and conditions of use, which are in addition to the terms and conditions of this Agreement. In the event of a conflict, the additional terms and conditions will govern for those sections or pages.
If any provision of this Agreement is found to be invalid or unenforceable, the remaining provisions shall be enforced to the fullest extent possible, and the remaining provisions of the Agreement shall remain in full force and effect.
AGREEMENT TO ARBITRATE
All claims and disputes arising under or relating to this Agreement are to be settled by binding arbitration in the state of Missouri or another location mutually agreeable to the parties. The arbitration shall be conducted on a confidential basis pursuant to the Commercial Arbitration Rules of the American Arbitration Association. Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact and shall include the assessment of costs, expenses, and reasonable attorneys' fees. Any such arbitration shall be conducted by an arbitrator experienced in intellectual property, digital media, and privacy and shall include a written record of the arbitration hearing. The parties reserve the right to object to any individual who shall be employed by or affiliated with a competing organization or entity. An award of arbitration may be confirmed in a court of competent jurisdiction.
If you believe, in good faith, that any materials on the Content infringe your copyrights, notifications of claimed copyright infringement should be sent to Herdmap’s information inbox. Notification should include:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• a description of the copyrighted work that you claim has been infringed;
• a description of where the material you claim is infringing is located on the Content;
• 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
• a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or duly authorized to act on the copyright owner’s behalf.
If you have questions regarding the Agreement or the practices of Herdmap, please contact us by e-mail at [email protected] or by regular mail at Herdmap LLC, 710 La Marite Dr., Manchester, MO 63021.