Effective Date: September 9th, 2020
II. Authorized Users; Maintenance and Access
B. We reserve the right to perform routine system updates and maintenance on the Website at any time, with or without notice to you. We reserve the right to terminate, suspend, or modify your access to the Website at any time, in whole or in part, in our sole discretion.
III. Prohibited Uses of the Website
A. You may not use the Website for any commercial purposes. In addition, you agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation. You further agree not to attempt to gain unauthorized access to, interfere with, damage, disrupt, or otherwise compromise in any way any parts of the Website or any server, computer, user, or database related to or connected with the Website.
B. When retrieving information from the Website, you are prohibited from (i) using or attempting to use spiders, robots, avatars, intelligent agents, or any other extraction or navigation search except for a normal browser, (ii) aggregating, copying or duplicating any of the materials or information available from the Website except for the small amount of materials and information temporarily required for an ordinary single use of the Website, (iii) accessing data not intended for you, or (iv) accessing the Website for the purpose of benchmarking the Website or competing with Rodeo Logistics or its affiliates.
IV. Shared Information and/or Content
C. You agree not to upload, transmit, distribute, or otherwise publish in or on the Website any Content that is illegal or otherwise harmful, including, without limitation, Content that: (i) is hateful, libelous, defamatory, obscene, pornographic, abusive, unlawful, threatening or racially or ethnically offensive; (ii) represents a personal attack against or an invasion of the privacy of any individual; (iii) infringes, misappropriates or otherwise violates the intellectual property rights, including, but not limited to, copyrights and trademarks, of any person or entity; and/or (iv) advertises any goods or services or solicits any funds. Rodeo Logistics may, at any time, refuse or remove any Content without notice to you. However, Rodeo Logistics shall have no obligation to monitor Content, and you agree that neither Rodeo Logistics nor its members, parents, subsidiaries, affiliates, employees, or agents will be liable for any loss or damage arising out of or relating to any Content or the uploading or submission of such Content to the Website.
D. By uploading or providing any Content, you grant to Rodeo Logistics and its members, parents, subsidiaries, affiliates, and partners a non-exclusive, perpetual, irrevocable, 4 US 6802682v.5 worldwide, royalty-free, transferable, fully sublicenseable license to use, distribute, edit, display, archive, publish, sublicense, perform, reproduce, make available, transmit, broadcast, sell, translate, and create derivative works of all Content, including your name, voice, and likeness in any form, media, software, or technology of any kind now known or developed in the future, including, without limitation, for developing, manufacturing, and marketing products. You hereby waive any moral rights you may have in your Content. The foregoing shall not, however, include any personally-identifiable information.
E. Except to the extent required by applicable law, Rodeo Logistics is not responsible for any technical malfunctions or failures, interruptions, deletions, or defects of any telecommunication system or network, online system, data, computer equipment, servers, providers, or software that result in the loss of your Content.
V. Third-Party Websites
B. Standard SMS and data fees may apply when accessing the Website from a mobile device. To opt out of SMS notification associated with the Website, please contact Rodeo Logistics at info@RodeoLogiscs.co.
VIII. Intellectual Property Rights
IX. Notices of Copyright Infringement
1. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works;
2. Identification of the Content you believe to be infringing in a sufficiently precise manner to allow us to locate that Content;
3. Information by which we can contact you (including your name, postal address, telephone number and e-mail address);
4. A statement that you have a good faith belief that the use of the content is not authorized by the copyright owner, its agent or the law (e.g. is not a “fair use”);
5. A statement that the information in the written notice is accurate; and
6. A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
B. DMCA Notices may be sent to info@RodeoLogiscs.co
C. If you knowingly materially misrepresent that any Content on the Website is infringing any copyright(s), you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
A. Rodeo Logistics provides information through the Website. While Rodeo Logistics has undertaken efforts to provide accurate information, it is not comprehensive and Rodeo Logistics makes no commitment to update the information at any particular time, and the information on the Website, such as information on stalls and associated bookings via Open Stalls (e.g., stall availability) or information regarding rodeo or similar events displayed on the NextGen Rodeo App, may be out of date. Information on the Website may also be changed at any time without notice. As a result, the information may not be accurate, up to date or applicable to the circumstances of any particular case. In addition, photographs or images of products sold through the Website may not be completely representative of the physical appearance of such products. Any decisions you make based on information contained in the Website are solely your responsibility. 7 US 6802682v.5
B. Rodeo Logistics disclaims all warranties of any kind, whether express or implied, statutory or otherwise, including but not limited to any warranties of merchantability, noninfringement and fitness for particular purpose. This does not affect any warranties that cannot be excluded or limited under applicable law. We are not liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or items obtained through the Website or to your downloading of any material posted on it, or on any website linked to it.
C. Your use of the Website, its content and any items obtained through the Website is at your own risk. The Website, its content, information and any items obtained through the Website are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied. We make no warranty or representation of any kind with respect to the completeness, security, reliability, quality, accuracy, functionality, features or availability of the Website. Without limiting the foregoing, neither Rodeo Logistics nor anyone associated with Rodeo Logistics represents or warrants that the Website, its content, or any items obtained through the Website will be accurate, reliable, error-free or uninterrupted, that defects will be corrected, that our Website or the server that makes it available are free of viruses or other harmful components, or that the Website or any items obtained through the Website will otherwise meet your needs or expectations.
D. Rodeo Logistics does not warrant, endorse, guarantee or assume responsibility for any product advertised or offered by a third-party through the Website (e.g., any stall rentals available via Open Stalls or any event entries made to third-party events via the Entry Tool), or any hyperlinked website or service, or featured in any banner or other advertising, and Rodeo Logistics will not be a party to and is not responsible in any way for monitoring any transaction between you and third-party providers of products, including any independent contractor providing a service.
XI. Acknowledgement of Risk
A. In consideration for being allowed to access the Website, any websites linked to it, any content on the Website or other such websites, or obtain items through the Website or other such websites, attend or participate in any events (including present and future rodeo or similar events) through the Website or Apps, rent or book any stalls via Open Stalls or through the Website, or submit any entries to any rodeo or similar events via the NextGen Rodeo App, you acknowledge the risks associated with use of the Website and that rodeo and similar events and associated activities (including animal stalling) is an inherently dangerous activity that exposes individuals to serious and significant risks, including risks of personal injury, death and damage to property.
XII. Waiver, Release, and Assumption of Risk
A. BEING FULLY AWARE OF ALL SUCH RISKS, IN CONSIDERATION OF BEING PERMITTED TO USE THE WEBSITE, YOU, ON BEHALF OF YOURSELF AND YOUR HEIRS, ASSIGNS, PERSONAL REPRESENTATIVES AND NEXT OF KIN, KNOWINGLY ASSUME THE RISK OF SUCH USE AND DO HEREBY RELEASE, ACQUIT AND FOREVER DISCHARGE AND WAIVE ANY AND ALL CLAIMS, OBLIGATIONS, 8 US 6802682v.5 DEMANDS, CAUSES OF ACTION OR LIABILITY OF ANY KIND WHATSOEVER – WHETHER KNOWN OR UNKNOWN; SUSPECTED OR CLAIMED; REAL, POTENTIAL OR HYPOTHETICAL; DISCLOSED OR UNDISCLOSED; EXISTING OR CONTINGENT; SOUNDING IN LAW, EQUITY OR OTHERWISE IN TORT, CONTRACT OR OTHERWISE – AGAINST RODEO LOGISTICS AND EACH OF ITS PARENTS, AFFILIATES, PREDECESSORS, SUCCESSORS, OFFICERS, DIRECTORS, OFFICIALS, AGENTS, MEMBERS, VOLUNTEERS AND/OR EMPLOYEES, OTHER PARTICIPANTS, SPONSORING AGENCIES, SPONSORS, ADVERTISERS, INSURERS, OWNERS AND, IF APPLICABLE, LESSORS OF PREMISES USED TO CONDUCT RODEOS OR SIMILAR EVENTS AND ANY RELATED ACTIVITIES WHEREVER CONDUCTED (COLLECTIVELY, THE “RELEASEES”) UNDER ANY LEGAL THEORY ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, ANY ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING STALL RENTALS OBTAINED VIA OPEN STALLS OR ENTRIES OBTAINED VIA THE NEXTGEN RODEO APP), OR ANY EVENTS (INCLUDING PRESENT AND FUTURE RODEOS OR SIMILAR EVENTS) ENTERED OR ACCESSED THROUGH THE WEBSITE OR APPS, INCLUDING ALL CLAIMS WITH RESPECT TO (I) GROSS NEGLIGENCE, NEGLIGENCE OR NEGLIGENCE PER SE (WHETHER SOLE, JOINT OR CONCURRENT) OF ANY RELEASEE, STRICT LIABILITY OR PREMISES LIABILITY; (II) PERSONAL INJURY, ILLNESS, DEATH OR PROPERTY DAMAGE; (III) ACTS OF OTHER PARTICIPANTS IN OR ATTENDEES OR GUESTS AT ANY RODEO OR SIMILAR EVENT ENTERED OR ACCESSED THROUGH THE WEBSITE OR APPS, OR USE OF ASSOCIATED RODEO OR SIMILAR EVENT STALLS ACCESSED THROUGH THE WEBSITE (INCLUDING VIA OPEN STALLS), OR ANY PERSONNEL AT THE EVENT OR STALLING VENUES; AND (IV) ANY OTHER RISKS OR HAZARDS ASSOCIATED WITH YOUR ATTENDANCE AT OR PARTICIPATION IN RODEOS OR SIMILAR EVENTS, OR USE OF ASSOCIATED EVENT STALLS, ACCESSED OR MANAGED THROUGH THE WEBSITE, INCLUDING WITHOUT LIMITATION THE GENERAL CONDITIONS OF THE VENUES OF THE EVENTS OR STALLS, EXPOSURE TO WILD OR DOMESTIC ANIMALS, EXPOSURE TO ANY ILLNESS OR DISEASE, AND DRIVING OR RIDING IN ANY VEHICLE, WHETHER BELONGING TO A RELEASEE OR ANOTHER PERSON (COLLECTIVELY, THE “RELEASED CLAIMS”). WITHOUT LIMITING THE FOREGOING, YOU AGREE THAT NO RELEASEE WILL BE LIABLE TO YOU, YOUR FAMILY OR YOUR GUESTS FOR PERSONAL INJURY, ILLNESS, DEATH, PROPERTY DAMAGE OR ANY OTHER CLAIM ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE OR ATTENDANCE OR PARTICIPATION AT, OR SUCH OTHER PERSON’S ATTENDANCE OR PARTICIPATION AT, RODEOS OR SIMILAR EVENTS, OR USE OF ASSOCIATED RODEO OR SIMILAR EVENT STALLS, ENTERED OR ACCESSED OR MANAGED THROUGH THE WEBSITE.
E. Governing Law. This Agreement shall in all respects be interpreted, enforced and governed under the laws of the State of Texas, without regard to any rules of conflict of laws that would require the application of the laws of a state other than Texas. 10 US 6802682v.5