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This is a legal agreement between you and Dream Cattle for the use of Dream Cattle's website (www.dreamcattle.com). If you have any questions regarding the legal significance of this Agreement, you are encouraged to seek the advice of an attorney. Table of Contents
Please review our Privacy Policy, which also governs your visit to Dream Cattle, to understand our policies.  2. Electronic Communications
When you visit Dream Cattle or send e-mails to us, you are communication with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You hereby acknowledge and agree that, from time to time during the term of this Agreement, Dream Cattle shall send facsimiles or emails regarding Dream Cattle's products and services, or shall call you regarding Dream Cattle's products and services, and you hereby expressly consent to receiving such emails, facsimiles and telephone calls. 3. Copyright
All content included on this site, such as text, graphics, logos, button icons, images, and software, is the property of Dream Cattle or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Dream Cattle and protected by U.S. and international copyright laws. All software used on this site is the property of Dream Cattle or its software suppliers and protected by United States and international copyright laws. 4. Trademarks
Dream Cattle and all related graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of Dream Cattle or its subsidiaries. Dream Cattle’s trademarks and trade dress may not be used in connection with any product or service that is not Dream Cattle’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Dream Cattle. All other trademarks not owned by Dream Cattle or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Dream Cattle or its subsidiaries. 5. License and Site Access
Dream Cattle grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Dream Cattle. This license does not include any resale or commercial use of this site or its contents; any collection and user of any product listings, descriptions, or prices; any derivative use of this site or its content; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Dream Cattle and our affiliates without express written consent. You may not sue any metatags or any other “hidden test” utilizing Dream Cattle’s name or trademarks without the express written consent of Dream Cattle Any unauthorized use terminates the permission or nonexclusive right to create a hyperlink to the home page of Dream Cattle so longs as the link does not portray Dream Cattle, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not sue any IdahoRenstit.com logo or other proprietary graphic or trademark as part of the link without express written permission. 6. Legal You agree to indemnify, defend and hold Dream Cattle and its affiliates, licensors and suppliers harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement and/or your use of this website. You hereby agree that in no event shall Dream Cattle or its affiliates and/or suppliers be liable for any direct, indirect, incidental, special, consequential or other damages or losses arising out of or in any way related to the use of this website or with the delay or inability to use this site, or for any information, products, or services obtained through this site or from Dream Cattle, or otherwise arising out of or related to the use of this website. You hereby agree that your use of our website and services will at all times comply with all applicable laws, rules, and regulations and that you will do nothing to incur liability for Dream Cattle or cause Dream Cattle to lose (in whole or in part) the services of Dream Cattle's ISP's or other suppliers. You hereby agree that you have the power and authority to enter into this Agreement: if you are an individual, this includes, without limitation, that you are of the legal age in your state of residence to make contracts. You hereby agree that you are an employee, agent or representative of the animals that you are placing for sale on Dream Cattle , and you have the authority to do so. You and Dream Cattle are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement. We may amend this Agreement (including, without limitation, the Terms of Service Agreement and/or our Privacy Policy) at any time by posting the amended terms on the Dream Cattle website. Except as otherwise provided herein, changes to this Agreement are effective thirty (30) days after we provide you with notice of the change by email or post a notice on the website. This Agreement may not be otherwise amended except in a writing signed by both parties. This agreement is governed by the laws of the state of Idaho and any applicable federal laws, without giving effect to conflict of laws principles. Any legal action or proceeding under this agreement shall first be subject to arbitration. Any arbitration shall take place in Idaho. Arbitration shall be governed by the rules of the American Arbitration Association. Arbitration shall be the sole remedy available to you under this agreement. Dream Cattle shall not be liable for punitive damages arising out of or relating to this agreement under any circumstances whatsoever. In the event that any provision of this Agreement is determined by a court to be invalid or otherwise unenforceable, such provision (or portion thereof) shall be enforced to the extent possible consistent with the stated intention of the parties, or, if incapable of such enforcement, shall be deemed to be deleted from this Agreement, while the remainder of this Agreement shall continue in full force and remain in effect according to its stated terms and conditions. 7. Our Services
Dream Cattle acts as a venue for listing cattle and other items for sale. We are not involved in the actual transaction between buyers and sellers. Because we are not involved in the actual transaction between buyers and sellers, in the event you have a dispute with one or more users, you release Dream Cattle and its owners, agents, subsidiaries and employees from claims, demands and damages (actual or consequential) of every kind and nature, known and unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way connected with such disputes. By listing your cattle for sale, you consent to Dream Cattle placing information about your cattle on Dream Cattle's website before buyers, subject to Dream Cattle's Privacy Policy. You agree that Dream Cattle's website shall be used only to legitimately preview your cattle and make legitimate offers in accordance with Dream Cattle's then-current rules and procedures that may be established from time to time and only for the purposes expressly permitted under this Agreement. Dream Cattle may cancel or terminate your right to use its service or any part of its service at any time without notice. In the event of termination, you are no longer authorized to access the part of its service affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded, and the disclaimers and limitations of liabilities set forth in these Terms of Service, shall survive. Dream Cattle provides all users with the opportunity to correct, update or delete information stored in their account. To review, modify or delete your listing information, simply log into your 'My Listings' page. To review, modify or delete your billing information, simply log into your ‘My Account’ page. You hereby agree to not list another website address other than Dream Cattle anywhere on your cattle listing within the Dream Cattle website. Dream Cattle reserves the right to suspend or terminate your account and refuse any and all current or future use of our services to anyone based on this violation. 8. Links
Dream Cattle is not responsible for the content of, nor does it endorse, the third-party websites to which you may link using this website; You may establish a hypertext link to Dream Cattle so long as the link does not state or imply any sponsorship of your site by Dream Cattle. However, you may not, without the prior written permission of Dream Cattle, frame any of the content of the website or incorporate into another website or other service any intellectual property of Dream Cattle. 9. Data
Dream Cattle does not guarantee the accuracy of any information available on this website, and is not responsible for any errors, omissions, or misrepresentations, whether made by buyers or otherwise and all information obtained on this website or from buyers must be verified independently. All information you receive from Dream Cattle, buyers, and/or the use of Dream Cattle’s website, is provided “as is” without warranties of any kind. Dream Cattle hereby disclaims all warranties, either express or implied, including without limitation warranties of merchantability or fitness for a particular purpose. Dream Cattle does not warrant that any data you receive from Dream Cattle or any buyer will be accurate, complete, uninterrupted or error free or that any information, software, or other material accessible from or related to the Dream Cattle website is free of viruses, worms, or other harmful components. "Your Information" is defined as any materials, information or data in any form you provide to us or buyers in the course of using this website including, but not limited to, any public message area or through any email feature. You are solely responsible for Your Information, and we act as a passive conduit for the online distribution and publication of Your Information. Solely to enable Dream Cattle to use Your Information for the purposes described in this Agreement, you agree to grant Dream Cattle a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise any intellectual property and publicity rights (but no other rights) you have in Your Information, in any media now known or not currently known, with respect to Your Information. Dream Cattle will only use Your Information in accordance with our Privacy Policy. You will not transmit to Dream Cattle or any buyer or seller any information or materials of any kind which (i) violate, plagiarize or infringe on the intellectual property or contractual rights of any third party; (ii) contain libelous, defamatory, obscene, pornographic, abusive or otherwise unlawful material; or (iii) contain any viruses, Trojan horses, worms, time bombs, cancel bots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information. All information supplied or to be supplied by you relating to this website and Dream Cattle's services is and will be accurate and complete. 10. Passwords
To use certain features you will need a password, which you will receive through our registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities (whether by you or by others) that occur under your password or account. You agree to notify us immediately of any unauthorized use of your password or account or any other breach of security. Dream Cattle cannot and will not be liable for any loss or damage arising from your failure to protect your password or account information. 11. Online Commerce
Dream Cattle may allow you to purchase many different types of products and services online. Dream Cattle is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of these products and services. If you make a purchase from a merchant on the Dream Cattle or on a site linked to by Dream Cattle, the information obtained during your visit to that merchant’s online store or site, and the information that you give as part of the transaction, such as your credit card number and contact information, is collected by the merchant. A merchant may have separate privacy and data collection practices. Dream Cattle has no responsibility or liability for these independent policies. For more information regarding a merchant, its online store, and its privacy policies, return to that merchant's home page and click on its information links or contact the merchant website directly. You release Dream Cattle and its affiliates from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available by third parties through Dream Cattle. When you purchase products or services on or through the Dream Cattle, you may be subject to additional terms and conditions that specifically apply to your purchase or use of such products or services. If you have any questions about these additional terms and conditions, you should contact the merchant of such products or services directly. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Service. You agree to use the Service and to purchase services or products through the Service for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service. You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to Dream Cattle or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information. |
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