These are the Terms & Conditions for using the website and well as the EasyKeeper service. We don’t like being wordy any more than you want to read a long, wordy document, but as this is a contract between the two of us (You, the “User”, and us, “EZK”), we do need to include enough information that we both understand the service we will provide You, and what we can expect of You in return. Like all contracts, there’s a lot of “legalese”, but we have tried to make it as readable as possible. We hope we’ve achieved that goal.

Terms & Conditions of Use

Last Updated: August 1, 2016

The EasyKeeper (EZK) website and web application is a product of EasyKeeper Herd Manager, Inc. (EZK).

EZK provides this website to you subject to these Terms and conditions of use (these “Terms”). In these Terms we call this site and any successor websites, the “Site”, and the livestock management software provided by EasyKeeper Herd Manager, Inc. for use on the Site, including the User’s website, the “Service”. Please read these Terms carefully before using the Site or Service. By accessing or using the Service or by merely browsing the Site you agree to be legally bound by these Terms and all Terms, policies and guidelines incorporated by reference in these Terms. If you do not agree with these Terms in their entirety, you may not use the Site or Service.

In these Terms, users of the Site and/or Service, whether they are Subscribers, Customers, members of the forums, or casual browsers of the Site, are called “Users”.

User registration data, including Content (see below), is subject to the terms of this agreement. As such, You understand that by creating a EZK Member Account You consent to the collection, storage and use of this information as stated below.

EZK provides its Site and Service to subject to the following Terms, which may be updated by EZK from time to time without notice to You. By using the Site or Service, You acknowledge that you have read, understood, and agree to be bound by these Terms.

User License

The User (You) and/or your Designated Agents are licensed to create, access and edit the data and herd web site You have created through the Service for one farming operation; You may hold multiple licenses for multiple farming operations, each as its own Member Account and Service Plan Subscription. You acknowledge that you are over the age of 18. If you are under the age of 18, You acknowledge that You have obtained permission from a parent, guardian or other trust to create an EZK Member Account.

Permitted Use

The User (You) and/or your Designated Agents may use the EasyKeeper Herd Manager Service for the purposes of record keeping, contact management and website management activities related to your farming operation, in accordance with all the terms and conditions of this Agreement. You agree that each of your Designated Agents similarly will abide by all restrictions on use set forth in all terms and conditions of this Agreement.

You agree to use the EasyKeeper Herd Manager service only for authorized, legal and ethical purposes, consistent with all applicable laws, regulations, and the rights of others, and only for the permitted use described above. You may not use the EasyKeeper Herd Manager Site and/or Service in any manner that harms, or is likely to harm, EasyKeeper Herd Manager LLC, the EasyKeeper Herd Manager Site and/or Service, or any of our subscribers, suppliers, affiliates, resellers, or other business partners. Without limiting the foregoing, you are specifically prohibited from using the EasyKeeper Herd Manager Site and/or Service:

(a) To damage, disable, overburden or impair our service (or the networks connected to our service) or to interfere with anyone’s authorized use of the EasyKeeper Herd Manager Site and/or Service;

(b) To engage in any activities that violate or infringe upon the rights of any third party (including but not limited to intellectual property rights, publicity rights and privacy rights);

(c) To promote or support violent or threatening actions; illegal or harmful activities, substances, goods or services; or discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

(d) To transmit any bulk unsolicited commercial communications;

(e) To engage in communications with any obscene, offensive, defamatory, slanderous, libelous or hateful material or themes;

(f) In circumstances where system unavailability, errors, or other anomalies could result in property damage, bodily injury or death.

In accepting these Terms, You agree that You and/or Your Designated Agents will not attempt to gain access to any portion of our systems or networks in any way that is not necessary for you to use the EasyKeeper Herd Manager Site and/or Service.

Member Account, Password, Security and Email Communications

As part of the Registration process for your Member Account for the Service, You agree to provide EZK with personal registration information that is complete and accurate, including a secure, private email address and credit card information, and that failure to provide complete and accurate information, including but not limited to, a secure, private email address and credit card information shall be cause for cancellation of your Member Account and Subscription; Email addresses provided by “Mailinator” and other similar public email systems are not authorized for use on the Site or Service, and such use shall be cause for cancellation of your Member Account and Subscription. Should your personal information change, you agree to update this information via your account page in the Service. Additionally, you agree to be automatically enrolled in EasyKeeper Herd Manager, Inc.’s “Making it Easy” newsletter, product promotional emails, and other email communications. The User may unsubscribe from receiving these emails via My Account or by clicking the Unsubscribe link included in the footer of all such emails.

When creating your Member Account you will create a username and password for accessing the Service. You are responsible for maintaining the confidentiality of the username and password, and You are fully responsible for all activities that occur under your password or account. You agree to notify EZK immediately if you have reason to believe that your password or account has been compromised, including loss, theft or unauthorized use.

EZK cannot be liable for any loss or damage arising from the unauthorized use of your password or account.

The services we provide through the Service are for your own use only. You may not resell, lease, transfer or provide them in any other way to anyone else.

User and/or Third Party Content

Under some conditions, the Service makes available to subscribers of the Service User and/or Third Party Content uploaded to the Service by other subscribers, cooperating agencies such as breed registries, and Third Party data providers; in aggregate this is referred to as “Community Data”. Community Data is publicly known and/ or available to members of the industry, and includes but is not limited to, animal name and identification numbers, date of birth, special awards and production designators, and pedigree information of animals with a registration/identification number. Animals without a registration/identification attribution in the Member’s Account will not be shared in the Community Data feature. Community Data is shared through the Service to allow users to have access to information about an animal they may not have known, and to easily import into their Account and herd animal records, should they choose to do so, information that relates specifically to one or more of their herd animals. Community Data information is presented in an aggregated manner and is not attributed to any specific Member Account, herd or farming operation.

By creating your Member Account you agree to share with other EZK subscribers any User Content you enter that falls within the scope of the Service’s Community Data feature. Private records, including but not limited to, health and wellness, show, production, breeding, kidding, photos and notes will not be shared in Community Data. To obtain a full list of the data shared in the Community Data feature, please contact us at the address listed at the end of these Terms.

Under no circumstances will EZK be liable in any way for any User or Third Party Content, and/or any loss or damage of any kind incurred as a result of the use of any User or Third Party Content posted, emailed, transmitted and/or otherwise made available through the Site and/or Service.

The User (You), understand that all information, data, text, software, music, sound, photographs, video, graphics, tags or other materials (Content), whether publicly posted or privately transmitted, are the sole responsibility of the User from whom such Content originated (otherwise knows as “User Content”). This means that You are entirely responsible for all Content that is uploaded, posted, e-mailed, transmitted or otherwise made available through the Site and/or Service. In posting Content to the Service for display on User’s website. You warrant that You own all materials posted, and/or that You have the right to post such Content, and/or that You have been granted full consent of others to post such Content.

By creating a Member Account and/or posting Content, You agree not to post in the Site and/or Service for display on User’s website any Content that is: pornographic, obscene, sexually explicit, and/or harmful to minors; is blasphemous, depicts violence, threatens violence, and/or incites racial or ethnic hatred; is slanderous, defamatory, and/or violates a person’s (living or dead) privacy or personal rights; is discriminatory as to age, race, and/or sexual preference; divulge any confidential, private and/or proprietary information about others; or falsely attribute content and/or other material to any person or entity.

By creating a Member Account, imported and/or posting Content, You acknowledge and agree to hold EZK and its officers, directors, subsidiaries, employees, and/or affiliates harmless from any and all liability, damages, expenses, and/or losses for death, personal injury, and/or damage to property, including, but not limited to, reasonable attorney’s fees arising directly or indirectly from infringement by You of third party intellectual property rights and/or copyrights, for divulging any confidential information and/or private information about others; or for any liability for slander and/or libel resulting from any comments or postings you might make on the Site that You have created and/or from your breach of our Terms.

Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content uploaded or stored on the Site and/or Service, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Site and/or Service.

Proprietary Rights

You acknowledge and agree that all content and materials available on the Site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws.

Other than User provided materials, all content of the Site or Service are: Copyright © 2009-2015 EasyKeeper Herd Manager, Inc., and/or its suppliers. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. You understand that EZK is unable to provide you with permission to copy, display or distribute material which you do not own, and we do not provide others with such rights to your materials (unless you give us permission to do so). You may not copy or distribute such material without the written consent of the owner, and you are solely responsible for any violations of law that you may incur as a result of your activities on the Service or the Site. Systematic retrieval of data or other content from the Service or the Site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from EZK is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in the Terms is prohibited.

EasyKeeper, the EasyKeeper logo, and any other services or products referenced on the Site and/or Service are either trademarks or registered trademarks of EasyKeeper Herd Manager, Inc. The names of actual companies and products mentioned on the Site or in the Service may be the trademarks of their respective owners.

Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by EZK.

User’s Grant of Limited License

By posting or submitting content to the Site, you (a) grant EZK and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote your content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and use of your content by EZK will not infringe or violate the rights of any third party.

By posting or submitting content to the Service, you grant EZK and its affiliates and licensees the right to use and provide your content without identification with any specific individual or farming operation in an aggregated manner to reputable third parties.

By posting or submitting content to any EZK social media page or account, or by tagging EZK on any social media post, you (a) grant EZK and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed, and promote your content in any form, anywhere and for any purpose; and (b) warrant and represent that you have the right to grant these rights and licenses and that the public posting and use of your content by EZK will not infringe or violate the rights of any third party.

Billing Information and Refund Policy

Fees and any other charges for the use of the Site are described on the Site. They may change from time to time. If we change them, we will give you at least 30 days’ notice. If they do change, your continued use of the Site after the change indicates your agreement with the new fees and charges after the effective date of the change. Any change to fees and other charges will not be applicable to the billing period in which the change occurs.

When You create a Member Account to use the Service, You will be granted a 30-day trial subscription period without cost. During this time, You will have complete access to the Service to add, delete or otherwise edit data 24 hours a day, 7 days a week. Upon completion of your free trial period, you will be required to create a Service Plan Subscription, select a billing interval, and provide credit card information to continue using the Service. Upon creating your Service Plan Subscription, your credit card will be automatically charged based on the billing interval you selected and will continue to be charged based on your current Service Plan Subscription election until you cancel your Service Plan Subscription. You may cancel your Service Plan Subscription from the Service’s My Account section, by emailing us at admin@EasyKeeper.com, via the Contact Us form or from the site’s Feedback & Support forum. Service Plan Subscriptions will be cancelled effective the date of request; no refunds will be given for unused portions.

Your Service Plan Subscription billing must be in good standing to access the Service.

The Terms will automatically terminate in the event that You cancel your Trial Subscription during the 30-day free trial period, or upon cancelling Your Service Plan Subscription. Should You cancel your Service Plan Subscription, or should your Service Plan Subscription and/or Member Account be terminated by EasyKeeper Herd Manager , Inc. due to the breach of the Terms, there will be no refund of money paid to EZK.

Ownership

All content and software that is made available in connection with the Service and the Site, excluding content and/or software that may be made available by Users, (“Software“) is owned by, and is the copyrighted work of, EZK and/or its suppliers and is protected by copyright laws and international treaty provisions.

EZK hereby grants to you a revocable, personal, non-transferable and non-exclusive license to use the Site and/or Service and otherwise in accordance with these Terms, and for no other purpose. You may not (nor may you allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code of, sell, assign, sub-license, grant a security interest in, or otherwise transfer any right in, the Software. You may not block, disable or otherwise affect any advertising, advertisement banner window, links to other sites and services, or other features that constitute an integral part of the Software. All upgrades or updates to the Software hereafter provided to you will be subject to these same license terms. Any violation of these terms may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. You acknowledge that the Software, and any accompanying documentation and/or technical information, is subject to applicable export and import control laws and regulations of the USA and other countries. You agree not to export or re-export the Software in violation of applicable export and import restrictions. By accepting these terms, you represent and warrant that your receipt and use of the Software does not violate any such export or import control laws.

All correspondence with EasyKeeper Herd Manager, Inc. becomes the property of EZK. By corresponding with EZK, you grant EZK and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media.

Third Party Sites and Advertisers

EZK, in its sole discretion, and without obtaining any further consent from users, may insert advertising content in any component of the Site and/or Service. The Site and/or Service may contain links to third party Web sites (“Linked Sites”). The Linked Sites are not under the control of EZK. EZK is not responsible for the content of any Linked Site, including, but not limited to, any link contained in a Linked Site, or any changes or updates to a Linked Site. EZK is not responsible for web-casting or any other form of transmission received from any Linked Site nor is EZK responsible if the Linked Site is not working properly. EZK provides these links to you as a convenience. The inclusion of a Linked Site does not imply endorsement by EZK of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites which you visit.

Any dealings with third parties (including advertisers) included within the Site and/or Service or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. EZK shall not be responsible or liable for any part of any such dealings or promotions.

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EASYKEEPER HERD MANAGER, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE), FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM ANY VIOLATION OF THESE TERMS OR ANY ACTIVITY RELATED TO YOUR MEMBERSHIP OR ACCOUNT (INCLUDING NEGLIGENT OR WRONGFUL CONDUCT) BY YOU OR ANY OTHER PERSON ACCESSING THE SERVICE USING YOUR ACCOUNT.

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS EASYKEEPER HERD MANAGER, INC. (INCLUDING ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, SUPPLIERS AND ANY THIRD-PARTY INFORMATION PROVIDERS TO THE SERVICE), FROM AND AGAINST ALL LOSSES, EXPENSES, DAMAGES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, RESULTING FROM YOUR MISUSE OF THE EASYKEEPER HERD MANAGER SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO, ERRONEOUS ENTRY OF DATA, FAILURE TO ENTER DATA OR FAILURE TO INDEPENDENTLY VERIFY THE ACCURACY OF DATA ENTERED OR IMPORTED VIA THE COMMUNITY DATA FUNCTION BY YOU OR YOUR DESIGNATED AGENTS.

No Warranties

Disclaimer of Warranties. ANY PRODUCT OR SERVICE AVAILABLE THROUGH THE SITE AND/OR SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. YOUR USE OF SUCH PRODUCT OR SERVICE IS AT YOUR OWN RISK. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EASYKEEPER HERD MANAGER, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EZK EXPRESSLY DISCLAIMS ANY WARRANTY THAT THE SITE AND/OR SERVICE WILL BE FREE FROM ERRORS, DELAYS OR INTERRUPTIONS, THAT ALL ERRORS WILL BE CORRECTED, OR THAT THE SITE AND/OR SERVICE WILL MEET YOUR REQUIREMENTS. WE MAY UPDATE, IMPROVE, OR OTHERWISE MODIFY THE SITE AND/OR SERVICE (OR ANY OF ITS INDIVIDUAL FEATURES OR FUNCTIONALITIES) AT ANY TIME AS WE SEE FIT IN OUR SOLE DISCRETION. EASYKEEPER HERD MANAGER LLC IS NOT RESPONSIBLE FOR DELAYS CAUSED BY ACCIDENT, WAR, ACT OF GOD, EMBARGO, COMPUTER SYSTEM FAILURE, OR ANY OTHER CIRCUMSTANCE BEYOND ITS CONTROL WHATSOEVER

Disclaimer of Warranties or Representation Regarding Veterinary and Similar Matters. EASYKEEPER HERD MANAGER, INC. AND ITS SUPPLIERS ARE NOT ENGAGED IN RENDERING LIVESTOCK MANAGEMENT, VETERINARY OR OTHER PROFESSIONAL SERVICES. IF LIVESTOCK MANAGEMENT, VETERINARY OR OTHER EXPERT ASSISTANCE IS REQUIRED, YOU SHOULD SEEK THE SERVICES OF A COMPETENT PROFESSIONAL.

Disclaimer of Warranty of Continuous Operation. You acknowledge that the Site and/or Service may be inaccessible, unavailable or inoperable from time to time for any reason whatsoever, including but not limited to: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that EasyKeeper Herd Manager, Inc. may undertake from time to time; or (iii) causes beyond the control of EZK or that are not reasonably foreseeable by EZK, including without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, the unavailability, operation or inaccessibility of websites or interfaces, network congestion, or other failures. You further acknowledge and agree that (i) We have no control over the availability of the Site and/or Service on a continuous or uninterrupted basis; (ii) We are not responsible for the functionality of any third-party website, interface, or link; (iii) These Terms are subject to the limitations of our hardware, software and bandwidth; and (iv) Our failure to make the Site and/or Service available because of technical difficulties or for any reason out of our control does not amount to a failure to meet the obligations or result in a breach by EZK of this Agreement, and you expressly waive all right to dispute such failure.

Limitation on Disclaimer of Warranties. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES IN CERTAIN CIRCUMSTANCES. ACCORDINGLY, SOME OF THE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU.

Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL EASYKEEPER HERD MANAGER LLC BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INTERRUPTION OF BUSINESS (EVEN IF EZK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM ANY ASPECT OF THE RELATIONSHIP PROVIDED HEREIN. IN NO EVENT SHALL THE TOTAL OBLIGATIONS OR LIABILITY OF EZK HEREUNDER EXCEED $500. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST EZK MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.

Termination

EasyKeeper Herd Manager, Inc. shall have the right to edit or delete the Content you upload to the Service and/or terminate your Member Account or Service Plan Subscription at our sole discretion without notice in the event that you breach any of these Terms, or for other issues that make it no longer practical for EZK to continue to operate the Site and/or Service in whole or in part.

Conclusion

When You create a Member Account on the EasyKeeper Herd Manager service, you are stating that You have read and understood our Terms as stated above, and that You will read these Terms again from time to time, or at such time that EasyKeeper Herd Manager, Inc. announces changes in our Terms on in the Service’s landing page or by other publication, and that You will abide by the most current published rules should a dispute arise.

Therefore, in exchange for creating a Member Account, you agree to accept these Terms, which disclaim liability for EZK, assign to EZK the copyright in your works and submissions (to the extent you own them), and license back to You the right (during your lifetime) to modify, alter, edit or delete the Content of the Service.

The Terms constitutes the whole of the legal contract between EZK, its properties, and You. Subject to national law to the contrary, these Terms will be governed by and construed in accordance with applicable United States law. In the event that any term or condition of this agreement is held to be invalid or unenforceable by any arbitration, or other binding decision, the remainder of this agreement shall remain valid and enforceable under United States law.

EZK and its officers, directors and/or trust, reserve the right to assign this agreement, and/or to assign, license or subcontract any or all of our rights and/or obligations to others under this agreement at any time. You may not assign, license or subcontract this agreement or any of your rights or obligations under it without our express written consent.

EZK reserves the right to modify, update and change the Terms from time to time without notice or acceptance by You. If any changes to this agreement are unacceptable to You, then You may discontinue use of the Site at any time without notice, and the Service by notifying us in writing that You no longer wish to use the Service. Continued use of the Service by You, now or following changes to this agreement, implies that you have read, accepted and agreed to any changes in the Terms.

If you have any questions regarding these Terms, Privacy Policy or your use of the Site and/or Service, please contact us at:

EasyKeeper Herd Manager, Inc.

316 California Ave, Suite 74

Reno, NV 89509

84-4EASYKHM (844-327-9546) (toll free)

775-453-6411 (phone)

775-455-4436 (fax)

admin@EasyKeeper.com