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Terms of Agreement
1. ACCEPTANCE OF TERMS
Welcome to Livestock Shearers Directory. Livestock Shearers Directory provides its service to you,
subject to the following Terms of Service ("TOS"), which may be updated by us from time to time
without notice to you. In addition, when using particular services and features of the
Livestock Shearers Directory,
you and Livestock Shearers Directory shall be subject to any posted guidelines or rules applicable to
such services, which may be posted from time to time. All such guidelines or rules are hereby
incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
Livestock Shearers Directory currently provides profiles of professtional livestock shearers,
ranches and farms accepting offering "Shearing Day Services" to other livestock owners, and
information about livestock shearing techniques, shearing equipment, and shearing equipment
vendors through the interactivity of the Internet. You are
responsible for obtaining access to the Service and that access may involve third party fees
(such as Internet service provider or airtime charges). You are responsible for those fees, including
those fees associated with the display or delivery of advertisements. In addition, you must provide
and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current
and complete information about yourself as prompted by the Service's registration form (such
information being the "Registration Data") and (b) maintain and promptly update the Registration
Data to keep it true, accurate, current and complete. If you provide any information that is untrue,
inaccurate, not current or incomplete, or Livestock Shearers Directory has reasonable grounds to
suspect that such information is untrue, inaccurate, not current or incomplete, Livestock Shearers
Directory has the right to suspend or terminate your account and refuse any and all current or future
use of the Service (or any portion thereof).
4. Livestock Shearers Directory PRIVACY POLICY
Registration Data and certain other information about you is subject to our
Privacy Policy. For
more information, please follow the link to the privacy policy on the home page.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration
process. You are responsible for maintaining the confidentiality of the password and account,
and are fully responsible for all activities that occur under your password or account. You agree
to (a) immediately notify Livestock Shearers Directory of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your account at the end
of each session. Livestock Shearers Directory cannot and will not be liable for any loss or damage
arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, messages or other materials ("Content"), whether
publicly posted or privately transmitted, are the sole responsibility of the person from which such
Content originated. This means that you, and not Livestock Shearers Directory, are entirely responsible
for all Content that you upload, email, transmit or otherwise make available via the Service. Under
no circumstances will Livestock Shearers Directory be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind
incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available
via the Service.
You agree to not use the Service to:
- Impersonate any person or entity, including, but not limited to, a farm or ranch, another shearer,
or shearing equipment vendor,
or falsely state or otherwise misrepresent your affiliation with a person or entity;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any
Content transmitted through the Service;
- Upload, transmit, email, or otherwise make available via the service ANY PORNOGRAPHIC, RACIALLY OR ETHNICALLY, OR
SEXUALLY OFFENSIVE CONTENT that would be inappropriate for a general, family friendly audience
that includes children;
- Interfere with or disrupt the Service or servers or networks connected to the Service, or disobey
any requirements, procedures, policies or regulations of networks connected to the Service;
- Intentionally or unintentionally violate any applicable local, state, national or international
law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange
Commission, any rules of any national or other securities exchange, including, without limitation, the
New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the
force of law;
- Collect or store personal data about other users.
You acknowledge that Livestock Shearers Directory does not pre-screen Content, but that Livestock
Shearers Directory and its designees shall have the right (but not the obligation) in their sole
discretion to refuse or move any Content that is available via the Service. Without limiting the
foregoing, Livestock Shearers Directory and its designees shall have the right to remove any Content
that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all
risks associated with, the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content
created by Livestock Shearers Directory or submitted to Livestock Shearers Directory, including without
limitation information in Livestock Shearers Directory Message Boards, Livestock Shearers Directory
Clubs, and in all other parts of the Service.
You acknowledge and agree that Livestock Shearers Directory 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 the TOS; (c) respond
to claims that any Content violates the rights of third-parties; or (d) protect the rights, property,
or personal safety of Livestock Shearers Directory, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content,
may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical
requirements of connecting networks or devices.
7. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding
online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws
regarding the transmission of technical data exported from the United States or the country in which
you reside.
8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
Livestock Shearers Directory does not claim ownership of Content you submit or make available for
inclusion on the Service. However, with respect to Content you submit or make available for inclusion
on publicly accessible areas of the Service, you grant Livestock Shearers Directory the following
world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of
Livestock Shearers Directory, the license to use, distribute, reproduce, modify, adapt, publicly
perform and publicly display. This license exists only for as long as Livestock Shearers Directory
removes such Content from the Service.
9. INDEMNITY
You agree to indemnify and hold Livestock Shearers Directory, and its subsidiaries, affiliates,
officers, agents, co-branders or other partners, and employees, harmless from any claim or demand,
including reasonable attorneys' fees, made by any third party due to or arising out of Content you
submit, post, transmit or make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS, or your violation of any rights of another.
10. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes,
any portion of the Service, use of the Service, or access to the Service.
11. MODIFICATIONS TO SERVICE
Livestock Shearers Directory reserves the right at any time and from time to time to modify or
discontinue, temporarily or permanently, its Services (or any part thereof) with or without notice.
You agree that Livestock Shearers Directory shall not be liable to you or to any third party for any
modification, suspension or discontinuance of the Service.
12. TERMINATION
You agree that Livestock Shearers Directory, in its sole discretion, may terminate your password,
account (or any part thereof) or use of the Service, and remove and discard any Content within the
Service, for any reason, including, without limitation, for lack of use or if Livestock Shearers
Directory believes that you have violated or acted inconsistently with the letter or spirit of the TOS.
Livestock Shearers Directory may also in its sole discretion and at any time discontinue providing the
Service, or any part thereof, with or without notice. You agree that any termination of your access to
the Service under any provision of this TOS may be effected without prior notice, and acknowledge and
agree that Livestock Shearers Directory may immediately deactivate or delete your account and all
related information and files in your account and/or bar any further access to such files or the
Service. Further, you agree that Livestock Shearers Directory shall not be liable to you or any
third-party for any termination of your access to the Service.
13. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers
found on or through the Service, including payment and delivery of related goods or services, and
any other terms, conditions, warranties or representations associated with such dealings, are solely
between you and such advertiser. You agree that Livestock Shearers Directory shall not be responsible
or liable 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 advertisers on the Service.
14. LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or
resources. Because Livestock Shearers Directory has no control over such sites and resources, you
acknowledge and agree that Livestock Shearers Directory 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 Livestock Shearers Directory 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.
15. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS
AVAILABLE" BASIS. Livestock Shearers Directory EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- Livestock Shearers Directory MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii)
THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE CONTENT INCLUDED IN OUR SITE
WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH OUR SITE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE
SOFTWARE WILL BE CORRECTED.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT 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 Livestock Shearers Directory
OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
16. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT Livestock Shearers Directory SHALL NOT BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED
TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF Livestock
Shearers Directory HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR
THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES
RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR
TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) STATEMENTS OR CONDUCT OF ANY THIRD PARTY
ON THE SERVICE; OR (Iv) ANY OTHER MATTER RELATING TO THE SERVICE.
17. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR
EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
18. NOTICE
Notices to you may be made via either email or regular mail. The Service may also provide notices
of changes to the TOS or other matters by displaying notices or links to notices to you generally on
the Service.
19. COPYRIGHTS and COPYRIGHT AGENTS
Livestock Shearers Directory respects the intellectual property of others, and we ask our users
to do the same. If you believe that your work has been copied in a way that constitutes copyright
infringement, or your intellectual property rights have been otherwise violated, please provide
Livestock Shearers Directory's Copyright Agent the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the
copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been
infringed;
- a description of where the material that you claim is infringing is located on the site;
- your address, telephone number, and email address;
- 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;
- 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.
Livestock Shearers Directory's Agent for Notice of claims of copyright or other intellectual property
infringement can be reached at .
20. GENERAL INFORMATION
The TOS constitute the entire agreement between you and Livestock Shearers Directory and govern
your use of the Service, superceding any prior agreements between you and Livestock Shearers Directory.
You also may be subject to additional terms and conditions that may apply when you use affiliate
services, third-party content or third-party software. The TOS and the relationship between you and
Livestock Shearers Directory shall be governed by the laws of the State of New York without regard to
its conflict of law provisions. You and Livestock Shearers Directory agree to submit to the personal
and exclusive jurisdiction of the courts located within the county of New York, New York. The failure
of Livestock Shearers Directory to exercise or enforce any right or provision of the TOS shall not
constitute a waiver of such right or provision. If any provision of the TOS is found by a court of
competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to
give effect to the parties' intentions as reflected in the provision, and the other provisions of the
TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary,
any claim or cause of action arising out of or related to use of the Service or the TOS must be filed
within one (1) year after such claim or cause of action arose or be forever barred.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
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