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Terms of Service

Please read the following general terms and conditions of use carefully before using ElyCattleman.com. ("Website"). By using this Website or downloading materials from it, you agree to abide by these terms and conditions of use. If you do not agree to these terms and conditions of use, do not use this Website.

This Website is provided by Ely Cattleman. Ely Cattleman is a division of GBG USA, Inc.

LIMITED LICENSE

Subject to the terms and conditions set forth herein, Ely Cattleman grants you a non-exclusive, non-transferable, limited right to access, use, and display this Website and the materials thereon. You agree not to interrupt or attempt to interrupt the operation of this Website in any way. Ely Cattleman authorizes you to view and download the information ("Materials") from this Website only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials, or copies of the Materials, and is subject to the following restrictions: 1) you must retain, on all copies of the Materials downloaded, all copyright and other proprietary notices contained in the Materials; 2) you may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose; and 3) you must not transfer the Materials to any other person.

INTELLECTUAL PROPERTY INFORMATION

This Website, including all Materials, is copyrighted by Ely Cattleman and protected by United States and international copyright law including all treaties to which the United States is a party. You agree to comply with all such copyright laws in your use of this Website and to prevent any unauthorized copying of the Materials. Content may not be reproduced, downloaded, disseminated, published, or transferred in any form or by any means, except with the prior written permission of Ely Cattleman. Copyright infringement is a violation of federal law subject to criminal and civil penalties. Except as expressly provided herein, Ely Cattleman does not grant any express or implied right to you under any copyrights, patents, trademarks, trade secret or other proprietary information.

Acceptable use

You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without ElyCattleman.com express written consent.

You must not use this website to transmit or send unsolicited commercial communications.

You must not use this website for any purposes related to marketing without ElyCattleman.com express written consent.

DISCLAIMER

Information, materials, and software available on this website are provided "as is" without any express or implied warranties, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and noninfringement. Ely Cattleman shall not be liable to any party for any direct, indirect, consequential, or other damages arising out of the use of this website, or other websites which may be accessed from this website. Information on this website may contain technical inaccuracies or typographical errors. Ely Cattleman does not warrant the accuracy or completeness of the materials, or the reliability of any advice, opinion, statement, memorandum, or other information displayed or distributed through this website. You acknowledge that any reliance on any such advice, opinion, statement, memorandum, or other information shall be at your sole risk. Ely Cattleman reserves the right, in its sole discretion, to correct any errors or omissions in any portion of this website. Ely Cattleman may make any other changes to this website, the materials, and the products, programs, services, or prices (if any) described on this website at any time without notice.

INTERNATIONAL USERS

This Website is controlled, operated, and administered by Ely Cattleman from its offices in the United States of America. Information that Ely Cattleman publishes on this Website may contain references or cross-references to programs and services that are not announced or available in your country. Such references do not imply that Ely Cattleman intends to announce such products, programs, or services in your country.

THIRD PARTY LINKS

Ely Cattleman makes no representations whatsoever about any other website which you may access through this Website. When you access any such other website, please understand that it is independent from Ely Cattleman, and that Ely Cattleman has no control over the content on that website. In addition, a link to a non- Ely Cattleman website does not mean that Ely Cattleman endorses or accepts any responsibility for the content and/or the use of such website. It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses, and other items of a destructive nature.

INFORMATION PROVIDED BY YOU

Ely Cattleman does not want to receive confidential, proprietary, or trade secret information, including but not limited to materials, suggestions, ideas, or comments, through this Website from you ("User Generated Content"). Please note that any such User Generated Content sent to Ely Cattleman will be deemed non-confidential. Moreover, by submitting such User Generated Content, you are granting Ely Cattleman an irrevocable and unrestricted license to use, modify, reproduce, transmit, display, and distribute such User Generated Content for any purpose whatsoever, including but not limited to developing, manufacturing, and marketing products incorporating feedback.

Indemnity

You hereby indemnify ElyCattleman.com and undertake to keep ElyCattleman.com indemnified against any losses, damages, costs, liabilities and expenses including without limitation legal expenses and any amounts paid by ElyCattleman.com to a third party in settlement of a claim or dispute on the advice of ElyCattleman.com’s legal advisers incurred or suffered by ElyCattleman.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.

Breaches of these terms and conditions

Without prejudice to ElyCattleman.com’s other rights under these terms and conditions, if you breach these terms and conditions in any way, ElyCattleman.com may take such action as ElyCattleman.com deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.

GOVERNING LAW & JURISDICTION

These Terms and Conditions of Use shall be governed by the laws of the State of Tennessee, without giving effect to its conflict of laws provisions. Any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of the State of Tennessee.

SEVERABILITY & VARIATION

If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

ElyCattleman.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.

ASSIGNMENT

ElyCattleman.com may transfer, sub-contract or otherwise deal with ElyCattleman.com’s rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

TERMS AND CONDITIONS FOR THE "Ely Cattleman"™ FACEBOOK PAGE

The "Ely Cattleman"™ Facebook Page is intended to provide a place for fans of Ely Cattleman. Ely Cattleman is a division of GBG USA Inc. All comments, visuals, videos and other type of material posted by users/ fans on this site ("User Content") do not necessarily reflect the opinions or ideals of Ely Cattleman, its employees or affiliates. Ely Cattleman does not represent or warrant the accuracy of any statement or product claims made here, (b) are not responsible for any User Content on this site, and (c) do not endorse any opinions expressed on this page.

All users must comply with Facebook's Terms of Use and Ely Cattleman's Terms of Use for the "Ely Cattleman"™ Facebook Page. Ely Cattleman does not monitor every posting of User Content on the "Ely Cattleman "™ Facebook Page. Ely Cattleman expects, however, that users will not post any materials that:

  • are libelous, defamatory, obscene, harmful, pornographic, promoting violence, or represent infringement of privacy;
  • infringe any third party commercial protected rights;
  • contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • provide any links to any third party websites that contain materials that are libelous, defamatory, obscene, harmful, pornographic, promoting violence or represent infringement of privacy, or that infringe third party commercial protected rights or that contain any viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;
  • advertise or offer to sell any goods or services, or conduct or forward surveys, contests, or chain letters; or
  • solicit any financial funds.

Ely Cattleman reserves the right to remove any material that it, in is sole discretion, does not deem to be compliant with these Terms and Conditions.

If you post User Content to the "Ely Cattleman"™ Facebook Page, such content will not be treated as confidential. You will retain ownership of any User Content you have posted, but by submitting content, you (or, if a minor, your parent or legal guardian) agree that Ely Cattleman, its subsidiaries, affiliates, their respective successors, assigns and those acting under their permission (collectively, the "Ely Cattleman Group") shall receive an irrevocable, perpetual, global and royalty-free license, to use, broadcast, publish, modify, and create derivative works of such User Content for advertising, promotion, publicity, trade, merchandising, packaging, public relations and media purposes, and for any other lawful purposes whatsoever, in all media now known or hereafter developed, with or without attribution to you.

You expressly release and hold harmless the Ely Cattleman Group, its officers, agents, employees and those acting under its authority, from any and all claims and liabilities of any kind arising out of or in connection with the User Content. This release shall be binding upon your heirs, administrators, executors and assigns.

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