Terms & Conditions of Use

Last Updated: May 10, 2013

The EasyKeeper (EZK) website and web application is a product of EasyKeeper Herd Manager (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 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. 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 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 EasyKeeper Herd Manager Application 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 EasyKeeper Herd Manager Application in any manner that harms, or is likely to harm, EasyKeeper Herd Manager, or any of our subscribers, suppliers, affiliates, resellers, or other business partners. Without limiting the foregoing, you are specifically prohibited from using EasyKeeper Herd Manager Application:
(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 EasyKeeper Herd Manager Application;
(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 EasyKeeper Herd Manager.

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 contact information and credit card information, and that failure to provide complete and accurate information, including but not limited to, email address and credit card information shall be cause for cancelation 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'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 publically 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 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 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 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 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 © 2009-2011 EasyKeeper Herd Manager, 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 or Service are either trademarks or registered trademarks of EasyKeeper Herd Manager. The names of actual companies and products mentioned in the Site or on 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 EasyKeeper Herd Manager.

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.

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 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, a subscription fee will be will be charged to the credit or debit card you provided during Account Registration, or subsequently from the Service, and will continue to be charged based on your current subscription election until you cancel your account. You may cancel your account from the Service's My Account section, or by emailing us at admin@EasyKeeper.net. Accounts will be cancelled effective the date of request; no refunds will be given.

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

The Terms will automatically terminate in the event that You cancel your Member Account during the 30-day free trial period. Should You cancel your Member Account after the 30-day free trial period, or should your Member Account be terminated by EasyKeeper Herd Manager (EZK) 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 an object code copy of the Software in connection with the Service and otherwise in accordance with these Terms, and for no other purpose. You must keep intact all copyright and other proprietary notices included in the Software. 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 or Service. 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 becomes the property of EZK. By corresponding with EZK, you grant EZK and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable 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 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 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 (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 (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 AND 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 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 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 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 (EZK) 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 (EZK) 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 (EZK) shall have the right to edit or delete the Content you upload to the Service and/or terminate you Member Account 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 EasyKeeper (EZK), 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 (EZK) 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 Service at any time 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.

Privacy Policy

Your information is secure, safe, and not for sale.

Your Personal Information

The personal information we collect about you is used only for the purpose of providing the Service to you. When you create a Member Account, we need your name, and e-mail address to create your account. To fully activate the account, we additionally need your credit card number, credit card expiration date and billing address, for the subscription which will keep your Account active.

As a matter of policy, EasyKeeper Herd Manager (EZK) does not rent, trade, sell, or share the personal information you give us without your consent. We may provide aggregate statistics to reputable third parties, but this data cannot be identified with any specific individual or farming operation.

However, the following describes some of the ways that your Personal Information may be disclosed and used:

Technical Limits. Due to technological and legal limitations, EZK is unable to guarantee that your private communications and Personal Information will never be disclosed in ways not described in this Privacy Policy. For example, third parties (aka hackers) may unlawfully intercept or access transmissions or abuse or misuse information that they collect from the Service or the Site. Therefore, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your Personal Information or private communications will always remain private.

Advertisers. We gather aggregate Personal Information and disclose such information in an aggregate (non-personally identifiable) manner to advertisers and other third parties for other marketing and promotional purposes. In these situations, we do not disclose to these entities any information that could be used to identify you personally. However, if you respond to one of these ads they may assume that you fit a certain demographic profile based on the aggregate information provided to them. In addition, when you click on a banner ad, you should be aware that the advertiser may be collecting information from you.

EZK also may allow certain companies, called third-party ad servers or ad networks, to serve advertisements to you through the Service and the Site. These companies may send their own cookies to your cookie file, just as if you had requested a web page from the Site. If you want to prevent a third-party ad server from sending and reading cookies on your computer, you must adjust the settings for cookies in your browser.

External Service Providers. You may separately agree to provide information about yourself to other companies who provide content for various parts of the Service, in order to use their services, order their products, or receive offers from them. If you agree to provide information to these companies, that information will be subject to their privacy policies. EZK has no responsibility or liability for these independent policies. You should, therefore, review their privacy policies carefully if you have concerns about what information is collected and how it may be used.

Internal Service Providers. We may use internal service providers to facilitate and evaluate the Service. This may require disclosure of some of your Personal Information to these service providers. In some instances, the internal service provider may collect information directly from you. In all cases, these internal service providers' use of your Personal Information is restricted by confidentiality agreements and the Terms of the EZK Privacy Policy.

Other Related Entities. From time to time we may provide information about you to our subsidiaries and joint ventures in order to provide you the Service. Each of these entities will comply with the policies described in this Privacy Policy. In addition, if the stock or assets of EZK, its subsidiaries, its joint ventures, or any combination of such, are acquired by another entity, some or all of your Personal Information may be provided to such successor.

Legal Requests. EZK may disclose your Personal Information to law enforcement and such other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with an investigation or prosecution of alleged illegal activity or to protect the rights and safety of EZK or its users. EZK also may disclose information about you if it has a good faith belief that disclosure is required pursuant to a subpoena, court order or other legal process.

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
255 E Blithedale Ave, #6
Mill Valley, CA 94941
(530) 209-2415 (phone)
(503) 334-4392 (fax)
admin[at]EasyKeeper.net