AGREEMENT TO TERMS

These terms of use constitute a legal binding agreement made between you, whether personally or on behalf of an entity and Harris Cattle Buyers.  Are doing business as Harris cattle buyers concerning your access to a use of the www.harriscattlebuyers.com Website as well as any other media form, media channel, mobile website or mobile application related, link, or otherwise connected thereto.  You agree by accessing the site, you have read, understood, and agree to be bound by all these terms of use.  If you do not agree with all these terms of use, being you are expressly prohibited from using a site and you must discontinue us immediately.

Supplemental terms and conditions or documents that may be posted on the site from time to time are hereby expressly incorporated year in by reference.  We reserve the right, in our sole discretion, to make changes or modifications to terms of use at any time and for any reason.  We will alert you with any changes by updating the last updated date of these terms and use, and you wait any right to receive specific notice us each such change.  It is your responsibility to periodically review these terms of use to stay informed of updates.  You will be subject to you, and will be deemed to have been and be aware of and to have accepted, the chain using any revised terms of used by your continued use sell this site after the date such advised transit use are posted.

The information provided on the site is not intended for distribution to or used by any person or entity in any jurisdiction or country with such distributions or use will be contrary to law or regulation or which would subject us too any regulations requirement within such jurisdiction or country.  Accordingly, those persons who choose to access the site from other locations do so on their own initiatives and are solely responsible for compliance with local laws, if in the extent local laws are applicable.

All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parents or Guardians to use the site.  If you are a minor, you must have the parent or guardian read and agree to these terms of use prior to you using the site.

 

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the site is are proprietary property and all source code, databases, functionality, software, website design, audio, video, text, photographs, and graphics on website and the trademarks, service marks, and Logos contained therein are owned or controlled by us or licensed to us, and protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions.  The content and the marks are provided by the site “AS IS” for your information and personal use only.  Except as expressly provided in these terms of use, no part of the site and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly display, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploded or any commercial purpose whatsoever, without are expressed prior written permission.

Provided that you are eligible to use the site, you are granted a limited license to access and use this site and download or print a copy of any portion and other content to which you have properly gained access solely for your personal, noncommercial use.  We reserve all rights not expressly granted to you in and to the site, the content and the marks.

 

USER REPRESENTATIONS

You may be required to register with the site.  You agree to keep your password confidential and will be responsible for all use on your account and password.  We reserve the right to remove, reclaim, or change at username you select if we determined, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.

 

PROHIBITED ACTIVITIES

You may not access or use this site for any purpose other than that for which we make a site available.  The site may not be used in connection with any commercial endeavors except those who are specifically endorsed or approved by us.

 

AS A USER OF THE SITE, YOU AGREE NOT TO:

  1. Make any unauthorized use of the site, including collecting usernames and/or e-mail addresses all users by electronic or other means for the purpose of sending unsolicited e-mail, or creating user accounts by automated means or under false pretenses.
  2. Systematically retrieve data or other content from the site to create or compile, directly or indirectly, a collection, compilation, database, or directly without written permission from us.
  3. Circumvent, disable, or otherwise interfere with security related features up a site, including features that prevent or restrict they use or copying of any content or enforce limitations on the use of the site and/or the contents contained therein.
  4. Engaged in unauthorized framing if or linking to the site.
  5. Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
  6. Make improper use of our support services or submit false reports of abuse and misconduct.
  7. Engaged in any automated use the system, such as using scripts to send comments on messages, up or using any data mining, robots, or similar data gathering extraction tools.
  8. Interfere with, disrupt, were create an undue burden on the site or the networks or service connected to the site.
  9. Use any information obtained from the site in order to harass, abuse, or harm another person.
  10. Use this site as part of any effort to compete with us or otherwise use the site and/or the content or any revenue generating endeavor or commercial enterprise.
  11. Attempt to impersonate another person or user or use the username of another user.
  12. Decipher, decompile, and disassemble, or reverse engineer in any of the software comprised or and anyway making of a part of the site.
  13. Attempt to bypass any measures of this site designed to prevent a restrict access to the site, or any portion of the site.
  14. Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the site two you.
  15. Delete the copyright or other proprietary rights notices from any content.
  16. Copy or adapt its sites software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
  17. Upload or transmit (or attempt to upload or transmit) viruses, Trojan horse, or other material, including expressive use of capital letter and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operations, or maintenance of the site.
  18. Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms ”or “pcms”).
  19. Disparage, tarnish, or otherwise harm, in our opinion, us and/or the site.
  20. Use the site in a manner inconsistent with any applicable laws or regulations.

 

USED GENERATED CONTRIBUTIONS

The site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or our site, including but not limited to text, writing, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “contributions”). Contributions may be viewable by other users of the site and through third party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby and warrant that:

  1. The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your contribution do not and will not infringe on proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral right of any third party.
  2. You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permission to use and to authorize us, the site, and other users of the site to use your contributions in any manner contemplated by the site and these terms of use.
  3. You have the written consent, release, and/or permission of each and every identifiable individual person in your contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of you contributions in any manner contemplated by the site and these terms of use.
  4. Your contributions are not false, inaccurate, or misleading.
  5. Your contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  6. Your contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  7. Your contributions are not ridicule, mock, disparage, intimidate, or abuse anyone.
  8. Your contributions are not advocate the violent overthrow of any government or incite, encourage, or threaten physical harm against another.
  9. Your contributions do not violate any applicable law, regulations, or rule.
  10. Your contributions do not violate the privacy or publicity rights of any third party.
  11. Your contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
  12. Your contributions do not violate any federal or state law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  13. Your contributions do not include any offensive comments that are connected to race, national origins, gender, sexual presences, or physical handicap.
  14. Your contributions do not otherwise violate, or link to material that violates, any provisions of these terms of use, or any applicable law or regulations.

Any use of the site in violation of the foregoing violates these terms of use and may result in, among other things, termination or suspension of your rights to use the site.

 

CONTRIBUTION LICENSE

By posting your contributions to any part  of the site, you automatically grant, and you represent and warrant that you have the right to grant, to use an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royal-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly, display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of you name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your contributions, and you warrant that moral rights have not otherwise been asserted in your contributions.

We do not assert any ownership over your contributions. You retain full ownership for all of your contributions and any intellectual property rights or other proprietary rights associated with your contributions. We are not liable for any statements or representations in your contributions provided by you in any area on the site. You are solely responsible for your contributions to the site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any contributions; (2) to re-categorize any contributions to place them in more appropriate locations on the site; and (3) to pre-screen or delete any contributions at any time and for any reason, without notice. We have no obligation to monitor your contributions.

 

BUYER AND SELLER DISCLOSURE

Please read these Disclosures carefully before accessing, using or obtaining any materials, information, products or services from the Harris Cattle Buyers website. By accessing the Harris Cattle Buyers website, or any other platform you agree to be bound by these terms and conditions and our Privacy Policy. If you do not accept these terms and conditions, then you may not use our website. You are entering into these terms and conditions as an individual, the term “you” refers to you. If you are entering into this agreement on behalf of a company or any other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions, in which case the terms “you” shall refer to such entity. If you do not have such authority, or if you do not agree with these such terms and conditions, you must not accept these terms and services and may not use the service.

We may modify these terms, or any reason at any time, by posting a new version on our website; these changes do not affect rights and obligations that arose prior to such changes.

If, for any reason, we believe you have not complied with these terms and conditions, we may, at our sole discretion, cancel your access to the registration areas of Harris Cattle Buyers immediately and without prior notice.

 

SUBSCRIPTION

The terms and conditions on a subscriptions will go as followed. When signed up through Harris Cattle Buyers to view auctions you will be required to give a valid email address to access any live auctions. The terms and conditions of entering your email address is you will be signed up for a weekly newsletter. If in any reason you do not want the weekly newsletter, contact Harris Cattle Buyers through email to cancel your subscription with bonnie@jbscattle.com.

 

BUYER DISCLOSURE

Any purchases on Harris Cattle Buyers website will be required to follow the designated terms, by which you are bound to agree to, if you are to proceed in purchasing from Harris Cattle Buyers.

  1. Buyers are bound by law to pay the full amount on any purchases made on Harris Cattle Buyers website within 2 business days.
  2. Pay by Check or Wire Transfer are the two options required by buyer to use.
  3. Any cattle purchased on Harris Cattle Buyers website by buyer will have full responsibility of the items purchased (cattle) after all parties agree on purchase price.
  4. Buyers will take full ownership of product (cattle) after purchase price is agreed on which requires the buyer to provide feed to what was purchased (cattle) the day after the product (cattle) were purchased. Buyers will be in charge of all responsibilities of feed after product (cattle) is purchased.
  5. Buyers will be responsible for transportation of product (cattle) from seller’s location to buyer’s location.
  6. Buyers will have no more than 14 days after the purchase of the product (cattle), to transport from seller’s location to buyer’s location.
  7. If buyer in anyway is dissatisfied in any way with product (cattle) and refuses to pay seller, Harris Cattle Buyers will take full ownership of cattle and will decide on purchase of product (cattle) of what Harris Cattle Buyers deem appropriate to pay for product (cattle).
  8. If you wish to purchase any products or services, you may be asked to provide certain information relevant to your purchase including name, address, bank account information, credit card information and email address.
  9. None of the information you provide to Harris Cattle Buyers will be given to any company not associated with Harris Cattle Buyers. Your information will not be given for soliciting use.

 

SELLER DISCLOSURE

Any product sold on Harris Cattle Buyers website will be required to follow the designated terms of use, by which you are bound to agree to, if you are to proceed in selling with Harris Cattle Buyers.

  1. After seller’s product (cattle) are sold, seller will be paid by the buyer the full amount, within 2 business days by mail or wire transfer.
  2. If product (cattle) is delivered to buyer and is not what buyer agreed to buy, Harris Cattle Buyers will be liable for any misconduct of wrong product sold to buyer and take full ownership in product (cattle).
  3. If product (cattle) is not what buyer agreed upon and refuses to take ownership of wrong product (cattle) sold, then the liable party (Harris Cattle Buyers) will be liable and will have the right to choose the price in which the product (cattle) should be priced at. Even if lower than the price agreed upon.
  4. If seller in anyway does not agree upon price of their product (cattle) sold, they will have the choice to cancel the order and keep the product (cattle), only if the product (cattle) is still in their possession. As soon as product (cattle) is shipped or transported, seller has no choice in canceling the order and keeping the product (cattle).
  5. As soon as seller deposits check or wire transfer, seller has no right or ownership of product (cattle), even if the product (cattle) is still in the seller’s possession.
  6. If seller refuses to give up possession of product (cattle) after deal is finalized and all funds transferred to seller, Harris Cattle Buyers will take legal action to obtain possession of product (cattle).
  7. If both party’s buyers and sellers are dissatisfied with prices after the deal is finalized, Harris Cattle Buyers is liable for purchasing product (cattle) at a fair price.
  8. If seller refuses to sell product (cattle) after product (cattle) are shipped at changed price lower than what was purchased in final deal, seller will be fully liable for the cost of freighting the product (cattle) back to the seller.
  9. If you wish to sell any products, you may be asked to provide certain information relevant to selling including name, address, bank account information, credit card information and email address.
  10. None of the information you provide to Harris Cattle Buyers will be given to any company not associated with Harris Cattle Buyers. Your information will not be given for soliciting use.

 

GUIDELINES FOR REVIEWS

We may provide you areas on the site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abuse, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.

We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses results from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

 

SUBMISSIONS

You acknowledge and agree that any question, comments, suggestions, ideas, feedback, or other information regarding the site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these submissions for any lawful purpose, commercial or otherwise, without acknowledge or compensation to you. You hereby waive all moral rights to any such submissions, and you hereby warrant that any such submissions are original with you or that you have the right to submit such submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriate of any proprietary right in your submissions.

 

SITE MANAGEMENT

We reserve the right, but not the obligation, to: (1) monitor the site for violations of these terms of use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law of these terms of use, including without limitation, reporting such user to law enforcement authorized; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the site or otherwise disable all files and content that excessive in size or are in any way burdensome to our systems; (5) otherwise manage the site in a manner designed to protect our rights and property and to facilitate the proper functioning of the site.

 

PRIVACY POLICY

We care about data privacy and security. By using the site, you agree to be bound by our Privacy Policy posted on the site, which is incorporated into these terms of use. Please be advised the site is hosted in the United States. If you access the site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

 

COPYRIGHT INFRINGEMENT

We respect the intellectual property rights of others. If you believe that any material available on or through the site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a notification. Thus, if you are not sure that material located on or linked to by the site infringes your copyright, you should consider first contacting an attorney.

 

TERMS AND TERMINATION

These terms of use remain in full force and effect while you use the site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

 

MODIFICATIONS AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on out site. We also reserve the right to modify or discontinue all or part of the site without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the site.

We cannot guarantee the site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the site, resulting in interruptions, delays, or error. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the site at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by you inability to access or use the site during the downtime or discontinuance of the site. Nothing in these terms of use will be construed to obligate us to maintain and support the site or to supply any corrections, updates, or release in connections therein.

 

GOVERNING LAW

These terms of use and your use of the site are governed by and constructed in accordance with the laws of the state of Idaho applicable to agreements made and to be entirely performed within the state of Idaho, without regards to its conflict of law principles.

 

DISPUTE RESOLUTION

Any legal action of whatever nature brought by either you or us (collectively, the “Parties” and individually, a “Party”) shall be commenced or prosecuted in the state and federal courts located in Jerome County, Idaho, and the parties hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non convenience with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on contracts for the international sale of goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these terms of use.

 

CORRECTIONS

There may be information on the site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availably, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the site at any time, without prior notice.

 

DISCLAIMER

THE SITE PROVIDED ON AN AS-IS AND AS-AVAIABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXEMPT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGMENT. WE MAKE NO WARRANTIES OR REPRESENTATION ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURANCIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONSIN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAIABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINK WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURES IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGEMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

 

LIMITATIONS OF LIABILITY

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANT THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHINGTO THE CONTRARY CONTAINED HEREIN, OUT LIABILTY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

 

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorney’s fees and expenses, made by any third party due to or arising out of: (1) you contributions; (2) use of the site; (3) breach of these terms of use; (4) any breach of your representations and warranties set forth in these term of use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the site with whom you connected via the site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

 

USER DATA

We will maintain certain data that you transmit to the site for the purpose of managing the performance of the site, as well as data relating to your use of the site. Although we perform regular routine backups of data, you are solely responsible for all data that you transfer or that relates to any activity you have undertaken using the site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

 

ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES

Visiting the site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

 

CALIFORNIA USERS AND RESIDENTS

If any complaint with us is not satisfactorily resolved, you can contact the complaint assistance unit of the division of consumer services of the California department of consumer affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

 

MISCELLANEOUS

These terms of use and any policies or operating rules posted by us on the site or in respect to the site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these terms of use shall not operate as a waiver of such right or provision. These terms of use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss; damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these terms of use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these terms of use and does not affect the validity and enforceability of any remaining provisions, There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these terms of use of the site. You agree that these terms of use will not be constructed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these terms of use and the lack of signing by the parties hereto to execute these terms of use.

 

CONTACT US

In order to resolve a complaint regarding the site or to receive further information regarding use of the site, please contact us at:

Harris Cattle Buyers

30 South 350 West

Jerome, ID 83338

United States

Phone: 208-731-7343

bryan@jbscattle.com