Terms of Service as of January 1, 2020
The CritterWorks website and web application is a product of CattleWorks, LLC. CattleWorks, LLC provides this website to you subject to these Terms and conditions of use (these “Terms”). In these Terms we call the CritterWorks website, the “Website”, and the multi species livestock management software provided for use on the Website, the “Application”. By accessing or using the Application or by merely browsing the Website you agree to be legally bound by these Terms and all Terms, policies and guidelines incorporated by reference in these Terms. In these Terms, users of the Website and/or Application, whether they are Subscribers or casual browsers of the Website, are called “Users”.
User registration data, including Content (see below), is subject to the terms of this agreement. As such, Users understand that by creating a CritterWorks Member Account You consent to the collection, storage and use of this information as stated below.
Use of Information
We may use the information we collect when you register or sign up for a free trial in the following ways:
- To personalize the experience and allow delivery of content/offerings in which you’re interested.
- To improve our website in order to better serve you.
- To allow us to better serve you in responding to your customer service requests.
- To administer a contest, promotion, survey or other site feature.
- To quickly process your transactions.
- To send periodic emails regarding your order or other products and services.
- To follow up with them after correspondence (live chat, email or phone inquiries)
Third-party disclosure
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety. However, non-personally identifiable/anonymous/aggregated visitor information may be provided to other parties for marketing, advertising, or other uses.
Third-party links
Occasionally, at our discretion, we may include or offer third-party products or services on our website. These third-party sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites and under no circumstances will CattleWorks, LLC 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 Website and/or Application. Nonetheless, we seek to protect the integrity of our site and welcome any feedback about these sites.
Free Trial Period
CattleWorks, LLC offers CritterWorks under a free trial period program. The trial period begins immediately upon account signup. CattleWorks, LLC does not ask for credit card information to sign up for the free trial period. If you forget to cancel within the free trial period, your account WILL NOT BE CHARGED and your access will automatically be cancelled. You will not incur any charges.
In order to continue using CritterWorks after the free trial period, you will be asked to subscribe to one of our subscription plans. You have the option of paying monthly or receiving a discount by paying for a full year of service.
Monthly Billing, Cancellation, and Refund Policies
CattleWorks, LLC charges and collects in advance for use of the CritterWorks software Application. All services rendered are non-refundable. Once a customer selects a subscription plan and provides billing information during or after the free trial, CattleWorks, LLC will automatically charge the customer. All monthly and yearly subscriptions renew automatically on billing date until officially cancelled and confirmed. Customers can cancel anytime by emailing a notice to: info@critterworks.com. Customers will receive an email confirming that their subscription to the CritterWorks Application has been cancelled.
Your Plan Subscription billing must be in good standing to access the Application.
All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and the customer is responsible for payments of all such taxes, levies, or duties. The fees that CattleWorks, LLC charges for the monthly, yearly or lifetime software services exclude taxes, phone, and internet access charges, as well as other data transmission charges. Any currency exchange settlements are based on the customer’s agreement with the payment method provider. To be clear: these taxes and charges are the customer’s responsibility.
Customers have the ability to upgrade or downgrade their subscription plan at any time. The upgrade or downgrade will take effect immediately. With regards to downgrades on a subscription, CattleWorks, LLC does not issue refunds or credits for partial months of software service.
CattleWorks, LLC reserves the right to change or modify its fee structure and introduce new charges with at least 90 days prior notice to the customer.
Allowable Use
The User (You) and/or your Designated Agents may use CritterWorks for the purposes of record keeping and management activities related to your farming/ranching 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.
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 CritterWorks Website and Application.
Intellectual Property
You acknowledge and agree that all content and materials available on the Website and the Application 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 Website or Application are: Copyright © 2020 CattleWorks, LLC. 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. CritterWorks, the CritterWorks logo, and any other services or products referenced on the Website and/or Application are either trademarks or registered trademarks of CattleWorks, LLC.
License
CritterWorks grants to you a revocable, personal, non-transferable and non-exclusive license to use the Website and/or Application 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.
Interruption of Service
User acknowledges that the Website and/or Application 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 CattleWorks, LLC may undertake from time to time; or (iii) causes beyond the control of CattleWorks, LLC or that are not reasonably foreseeable by CattleWorks, LLC, 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. Our failure to make the Website and/or Application 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 CattleWorks, LLC of this Agreement, and you expressly waive all right to dispute such failure.
Indemnity
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CattleWorks, LLC (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 CattleWorks, LLC (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 CRITTERWORKS WEBSITE AND/OR APPLICATION, 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.
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, CattleWorks, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CattleWorks, LLC 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.
Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL CattleWorks, 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 CattleWorks, LLC 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 CattleWorks, LLC HEREUNDER EXCEED $500. REGARDLESS OF ANY LAW TO THE CONTRARY, NO ACTION, SUIT OR PROCEEDING SHALL BE BROUGHT AGAINST CattleWorks, LLC MORE THAN ONE YEAR AFTER THE DATE UPON WHICH THE CLAIM AROSE.
Enforcement
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.
If you have any questions regarding these Terms please contact us at:
CattleWorks, LLC
5411 Dishner Valley Road
Bristol, VA 24202
Phone: 800-507-2902
info@CritterWorks.com
