The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference constitute a legal agreement (collectively, this "Agreement") and are entered into by and between you ("you", "your", "User") and CowPlusOnline ("COWPlusOnline", "we" "us", & "our").
This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of CowPlusOnline (the "Website "). Please read the Agreement carefully.
User Responsibilities
The User is responsible for the following:
The User agrees not to engage in the following activity:
Content Submitted by Users
By providing information through the Website, including any datasets (each a “Dataset”), you certify that: (i) your Dataset consists of original material to which you have all rights; (ii) your Dataset does not violate the rights of any third party, including, without limitation, copyright, trademark, patent, trade secret, privacy or any rights giving rise to claims for idea misappropriation or violation of the right of publicity; (iii) your Dataset does not contain any material that is abusive, vulgar, threatening, harassing, libelous, defamatory, obscene or that is known to be false; and (iv) your Dataset does not include any private or personally identifiable information about any third party.
By providing your Dataset, you understand that we may share your username, email, and Datasets with legal authorities if COWPlusOnline believes it is warranted or appropriate, or pursuant to a legal request. Additionally, you understand that your username, email, and Datasets may be viewed when a breach of security is being investigated. Furthermore, we may edit or remove content, including any Dataset, that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or other proprietary rights or these Terms of Service.
Company Rights
COWPlusOnline has the rights to:
You are solely and entirely responsible for your use of the Website and your computer, internet, and data security.
You waive the COWPlusOnline and its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any and all claims resulting from any action taken by the COWPlusOnline and any of the foregoing parties relating to any, investigations by either the COWPlusOnline or by law enforcement authorities.
Liability
You understand and agree that your use of the Website, its content, and any goods, digital products, services, information or items found or attained through the Website is at your own risk. The Website, its content, and any goods, services, digital products, information or items found or attained through the Website are provided on an "As is" and "As available" basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.
You acknowledge and agree that COWPlusOnline or its respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents or that any goods, services, digital products, information or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our Website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
Except where such exclusions are prohibited by law, in no event shall the COWPlusOnline nor its parent, subsidiaries, affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors aggregate liability arising out of or related to these terms of service, goods, digital products, and/or information whether arising out of or related to breach of contract, tort (including negligence), or otherwise, exceed $50.00 usd. The foregoing limitations shall apply even if the COWPlusOnline’s remedies under these terms of service fail for their essential purpose.
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless COWPlusOnline, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these terms of service or your use of the Website including, but not limited to, third-party sites and content, any use of the Website's content and services other than as expressly authorized in these terms of service or any use of any goods, digital products and information purchased from this Website.
Dispute Resolution
At COWPlusOnline’s sole discretion, it may require you to submit any disputes arising from these terms of service or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the rules of arbitration of the american arbitration association applying ontario law. (if multiple jurisdictions, under applicable laws).
Any cause of action or claim you may have arising out of or relating to these terms of use or the Website must be commenced within 1 year(s) after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Governance of Law
The Website and these Terms of Service will be governed by and construed in accordance with the laws of the State of Illinois and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any action or proceeding arising out of or relating to this Website and/or under these Terms of Service will be instituted in the courts of the State of Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
The parties agree that the United Nations Convention on Contracts for the International Sale of Goods will not govern these Terms of Service or the rights and obligations of the parties under these Terms of Service.
Severability
If any provision of these Terms of Service is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Service will continue in full force and effect.
Entire Terms of Service
These Terms of Service constitute the entire and only Terms of Service between the parties in relation to its subject matter and replaces and extinguishes all prior or simultaneous Terms of Services, undertakings, arrangements, understandings or statements of any nature made by the parties or any of them whether oral or written (and, if written, whether or not in draft form) with respect to such subject matter. Each of the parties acknowledges that they are not relying on any statements, warranties or representations given or made by any of them in relation to the subject matter of these Terms of Service, save those expressly set out in these Terms of Service, and that they shall have no rights or remedies with respect to such subject matter otherwise than under these Terms of Service save to the extent that they arise out of the fraud or fraudulent misrepresentation of another party. No variation of these Terms of Service shall be effective unless it is in writing and signed by or on behalf of COWPlusOnline.
No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder.