ProCattle Terms Of Use

ProCattle and its affiliates, successors, parents, subsidiaries, assigns, licensees, and designees (collectively and individually "ProCattle") provide you access to the ProCattle.com subject to the terms and conditions of use set forth below (the "Terms of Use"). ProCattle offers certain services via the Site, including, without limitation, listings of calves, yearlings, replacements, and horses (collectively, the "Services"). You agree to read the Terms of Use carefully before using the Sites or the Services. By using the Sites and the Services, you agree to abide by the Terms of Use, as follows:

1. Fees and Costs

Currently, ProCattle provides the Services on the ProCattle.com web site for free to prospective buyers. You are responsible for paying any applicable fees and taxes and for all hardware, software, service and other costs you may incur in connection with the Services, including costs incurred in connecting to the Sites via the Internet. ProCattle reserves the right, at any time, to charge or modify fees for access to the Sites or for any of its Services. ProCattle will notify you of any such fees by posting information regarding such fees on the Sites.

2. Content Guidelines/Prohibited Uses

Content Guidelines.

You agree not to post, upload or transmit to the Sites or to ProCattle's servers any communications, text, graphics or other information (collectively, "Material") that:

is obscene, fraudulent, indecent, discourteous, racially offensive, or abusive;
defames, abuses, harasses or threatens others;
contains any viruses, Trojan horses, worms, time bombs, cancelbots, or other disabling devices or other harmful component intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;
advocates or encourages any illegal activity;
infringes upon the copyright, patent, trademark, trade secret, publicity right or other intellectual property or proprietary right of any third party;
violates the privacy of individuals, including other users of the Sites; or
violates any applicable local, state, national, or international law. ProCattle in its sole discretion shall determine your compliance with the foregoing guidelines and reserves the right to delete from the Sites without prior notice any material that it deems to be non-complying or otherwise objectionable for any reason. ProCattle may take any action with respect to the Material if ProCattle believes, in its sole discretion, that the Material may create liability for itself or any third parties or may cause ProCattle to lose (in whole or in part) the services of its ISPs, vendors or advertisers.

Other Restrictions on Use.

You shall comply with all laws and regulations applicable to your use of the Services, the Sites, and the Material. You are not permitted to use ProCattle's name, URL, trademarks or other material in any manner, including, without limitation, in connection with "spam" email messages or newsgroup postings. For the purposes of these Terms of Use, "spam" has the meaning generally understood among Internet users, and includes without limitation unsolicited electronic mail advertisements. You may not impose an unreasonable or disproportionately large load (as determined by us in light of the load imposed by other users generally) on ProCattle's infrastructure. You may not use any "bot" or other automated repetitive or iterative mechanism or the like to gain any sort of benefit from ProCattle or any of its business affiliates.

3. Links to Third-Party Sites

Any third-party sites to which the Sites may link are not under ProCattle's control, and ProCattle does not assume any responsibility or liability for any information, content, communications or materials available on such third-party sites. Absent express language to the contrary, ProCattle does not intend links contained on the Sites to be referrals to, or endorsements of, the linked third-party sites or the entities that operate them, and such links are provided for convenience only.

4. DISCLAIMER AND LIMITATION OF LIABILITY

THE SERVICES, INFORMATION, CONTENT, OR OTHER DATA OF ANY KIND OR NATURE MADE AVAILABLE AT THE SITES (COLLECTIVELY, "INFORMATION") ARE PROVIDED "AS IS", AND ALL REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED ARE DISCLAIMED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. ProCattle MAKES NO WARRANTY, REPRESENTATION OR GUARANTY AS TO THE CONTENT, SEQUENCE, ACCURACY, TIMELINESS OR COMPLETENESS OF THE SITES OR THE INFORMATION OR THAT THE INFORMATION MAY BE RELIED UPON FOR ANY REASON. PROCATTLE MAKES NO WARRANTY, REPRESENTATION OR GUARANTY THAT USE OF THE SITES, THE SERVICES OR THE INFORMATION WILL BE UNINTERRUPTED, SECURE, VIRUS-FREE OR ERROR-FREE OR THAT ANY DEFECTS CAN BE CORRECTED. PROCATTLE SHALL HAVE NO LIABILITY FOR:

any loss or injury caused, in whole or in part, by its actions, omissions, or negligence, or for contingencies beyond its control, in procuring, compiling, or delivering the Information, the Sites or the Services;
any errors, omissions, or inaccuracies in the Information regardless of how caused, or delays or interruptions in delivery of the Information;
any decision made or action taken or not taken in reliance upon the Information furnished hereunder;
any losses or damages whatsoever, whether in contract, tort or otherwise, from the use of, or reliance on, the Information, or from the use by you of the Internet generally;
any special or consequential damages that are directly or indirectly related to the use of, or the inability to use, the Services or the Sites, even if ProCattle has been advised of the possibility of such damages; or
any lost profits or special, incidental or consequential damages (no matter how they might arise, including from ProCattle's negligence) arising out of or in connection with the Information, the Services, the Sites or the Terms of Use.
Notwithstanding any provision of these Terms of Use to the contrary, ProCattle's total liability to you is limited to $100. Some states do not allow the foregoing limitations of liability, so they may not apply to you. Some states do not allow the disclaimer of implied warranties, so the foregoing disclaimer may not apply to you. This warranty gives you specific legal rights and you also may have other legal rights which vary from state to state.

5. Privacy and Communications to the Sites

Any communication, information or other material you transmit or post to the Sites, by electronic mail or otherwise (other than personally identifiable information about you), including any answers to questions, comments, suggestions, or other data supplied by you is, and will be treated as confidential. ProCattle's use of personally identifiable information, as well as ProCattle's use of cookies and other tracking methods, is governed by the terms of ProCattle's Privacy Policy. By accepting the Terms of Use, you expressly consent to disclosures of such personally identifiable and other personal information to third parties, and to ProCattle's use of your information, as enumerated in ProCattle's then-current privacy policy, which is incorporated herein by reference. Because ProCattle's Privacy Policy may change from time to time, you should also review it regularly for updates.

6. Representations and Warranties

You represent and warrant that:

you have full right and power to enter into and perform these Terms of Use, and have secured all third party consents necessary to enter into these Terms of Use;
all factual assertions that you have made and will make to ProCattle are true and complete; and
you are of the age of majority, have the right to enter into legally binding agreements, and have the full and complete right to agree to the Terms of Use.

7. Termination

ProCattle reserves the right to terminate this Agreement immediately and without notice for any or no cause, at any time. Without limiting the preceding sentence, ProCattle may terminate your use of the Services or access to the Sites immediately and without notice if: (a) you breach the Terms of Use; (b) you infringe the intellectual property rights of a third party in connection with the Services; (c) ProCattle is unable to verify or authenticate any information you provide to it, or (d) any material uploaded or transmitted by you to the Sites violates any applicable laws or rights of any third party.

8. Governing Law, Jurisdiction and Dispute Resolution

The Terms of Use shall be governed by and construed in accordance with the laws of the State of Texas, without regard to conflict of laws principles. You and ProCattle agree that any and all disputes arising out of or related to the Terms of Use shall be subject to the exclusive jurisdiction and venue of the state and federal courts located in Texas.

9. Changes to the Services and the Sites

ProCattle reserves the right to change, suspend or discontinue any aspect of the services or the Sites at any time, including the availability of any features, databases or content. ProCattle will attempt to provide reasonable notice of such changes to the Services or the Sites. ProCattle may also impose limits on features or restrict access to parts of the Sites.

10. Modifications to the Terms of Use

ProCattle may amend these Terms of Use at any time by posting amended Terms of Use to the Sites. The amended Terms of Use shall be effective immediately upon posting to the Sites. ProCattle therefore encourages you to review these Terms of Use frequently.

11. Unlawful Conduct

Notifications of any unlawful conduct, including, without limitation, copyright or other intellectual property infringement should be sent to ProCattle's Designated Agent at

12. Miscellaneous

Your sole remedy for any breach of these Terms of Use by ProCattle shall be an action at law for money damages, if any. In no event shall you be entitled to injunctive or other equitable relief based on any act or omission of ProCattle, or any breach of these Terms of Use by ProCattle. These Terms of Use constitute the entire understanding of you and ProCattle with respect to the subject matter hereof. There are no understandings, agreements, conditions or representations, oral or written, express or implied, with reference to the subject matter hereof that are not merged herein, expressly referenced herein, or superseded hereby. Nothing contained in these Terms of Use shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between you and ProCattle. The provisions of these Terms of Use are independent of each other and the invalidity of any provision or a portion thereof shall not affect the validity or enforceability of any other provision. In the event that any particular provision is found to be invalid or unenforceable, such provision shall be deemed to have been replaced with a valid and enforceable provision that approximates as closely as possible the intent of you and ProCattle as reflected in the original provision. Any delay or failure on the part of ProCattle to enforce any rights hereunder to which it may be entitled shall not be construed as a waiver of the right and privilege to do so at any subsequent time. You indemnify and hold harmless ProCattle, and the officers, directors, employees, partners, principals, agents and representatives of ProCattle, from, against and in respect of any and all demands, claims, actions or causes of action, liabilities, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to any breach by you of any covenant, representation or warranty made pursuant to these Terms of Use. All provisions which must survive in order to give effect to their meaning, shall survive any expiration or termination of these Terms of Use, including without limitation all of your representations, warranties and indemnification obligations.

How you can reach ProCattle:

The Services hereunder are offered by ProCattle, located at PO Box 1449, Bowie, Texas 76230. Our phone number is 800-767-7500. Fees for services offered by us are available as described in Section 1.