You are requesting access to the CattleTracs website and/or Application (the “App”), or other websites, applications, products, or services owned or operated by Black Hereford Holdings, Inc. (collectively, “we,” “us,” “our,” “company,” Black Hereford Holdings,” “BHH,” or “CattleTracs”). To access the CattleTracs website, App, and services, and/or any other Black Hereford Holdings, Inc. products and services (“BHH Services”), you must at all times agree to and abide by these terms of use, including any additional guidelines, and any future modifications (collectively, these “Terms”). These Terms are a legal contract between you, a user of at least 18 years of age (“you,” “your” or “User”), and Black Hereford Holdings, Inc. regarding your use of BHH Services.

By accessing, installing, browsing, using or subscribing to, or registering for the CattleTracs service or any other BHH Services (including any content created, uploaded, downloaded, copied, published, and propagated during the use of the CattleTracs service or any other BHH Services), you acknowledge that you have read, understood, and agree to be bound by these Terms. If at any time you do not agree to these Terms, you may not use or access the CattleTracs service and/or any other BHH Services. We may update and modify the Terms from time to time. Your continued use of BHH Services means that you have accepted those modifications.

Although Black Hereford Holdings, Inc. is always striving to improve itself, it is not perfect. Therefore, You agree and understand that during Your use of BHH Services, no content, feedback, commentary, or analysis can be used as any basis for any civil or commercial activities (ESPECIALLY CANNOT BE USED AS ANY BASIS FOR SELLING OR PURCHASING ANY GOODS) performed by You and/or others. You, not BHH, assume all risks and responsibilities that may arise from such activities.

Authorized Users

Your access to and use of BHH Services is subject to all applicable international, federal, state, and local laws and regulations. You represent and warrant that you will not use the Service in any manner or for any purposes that are unlawful or prohibited by this Agreement. BHH Services are not for persons under the age of 18. If you are under 18 years of age, then please do not use BHH Service.

Specific Features and Services

When using BHH Services, you may be subject to additional posted guidelines or terms and conditions applicable to specific services and features which may be posted from time to time (the “Guidelines”). All such Guidelines are hereby incorporated by reference into the Terms. In addition, your use of BHH Services is governed by the BHH privacy policy available at www.cattleTracs.com/privacy_policy (the “Privacy Policy”), which is hereby incorporated by reference into the Terms. By accessing, installing, browsing, using, subscribing to, or registering for BHH Services (including any content created, uploaded, downloaded, copied, published, and propagated during the use of BHH Services), you consent to the collection, use and disclosure of any personal information provided by you to use in accordance with the Privacy Policy.

Changes

BHH may revise these Terms from time to time. Although BHH may include a notice on the home page of BHH Services that the Terms have been modified, such notice may not remain in place for any extended period of time. Accordingly, you should review the Terms as posted on BHH Services from time to time. Using BHH Services after any revised Terms have been posted will constitute your acceptance of the revised Terms.

Limited License

Subject to the terms and conditions of these Terms, BHH hereby grants you a limited, revocable, non-transferable, non-exclusive, non-sublicensable license to use BHH Services (and all updates or upgrades provided) solely for private, non-commercial purposes in accordance with these Terms. BHH Services are not approved or endorsed by the United States Department of Agriculture. BHH Services are intended to supplement and not replace other systems and services.

Ownership and Proprietary Rights

The CattleTracs service and other BHH Services are owned and operated by BHH. The content, visual interfaces, information, graphics, design, compilation, computer code, products, software, algorithms, services, and all other elements of BHH Services that are provided by BHH (“BHH Materials”) are protected by all applicable laws (e.g. United States copyright, trade dress, patent, and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights). All BHH Materials contained on BHH Services are the copyrighted property of BHH or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to BHH or its affiliates and/or third-party licensors. Except as expressly authorized by BHH, you agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, decompile, disassemble, reverse engineer, create derivative works from, or otherwise make unauthorized use of BHH Materials.

Restrictions

As a condition of your use of BHH Services, you will not use BHH Services for any purpose that is unlawful or prohibited by these Terms. Access to BHH Materials and BHH Services from territories where their contents are illegal is strictly prohibited. Users are responsible for complying with all local rules, laws, regulations and policies, including, without limitation, rules about intellectual property rights, the internet, technology, data, email, and/or privacy.

Any use by User of any of BHH Materials other than for private use is prohibited.

You will not use BHH Services in any manner that in our sole discretion could damage, disable, overburden, impair, or interfere with any other party’s use of BHH Services. You will not take any action that imposes an unreasonable or disproportionately large load on BHH’s infrastructure. You will not intentionally interfere with or damage the operation of BHH Services or any user’s enjoyment of it, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code. You will not remove, circumvent, disable, damage or otherwise interfere with any security-related features of BHH Services, features that prevent or restrict the use or copying of any content accessible through BHH Services, or features that enforce limitations on the use of BHH Services. You will not attempt to gain unauthorized access to BHH Services, or any part of it, other accounts, computer systems or networks connected to BHH Services, or any part of it, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of BHH Services or any activities conducted on BHH Services. You will not obtain or attempt to obtain any materials or information through any means not intentionally made available through BHH Services. You agree neither to modify BHH Services in any manner or form, nor to use modified versions of BHH Services, including (without limitation) for the purpose of obtaining unauthorized access to BHH Services.

BHH Services may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access BHH Services for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to BHH Services. You will not utilize framing techniques to enclose any trademark, logo, or other BHH Materials without our express written consent. You will not use any meta tags or any other “hidden text” utilizing BHH’s name or trademarks without our express written consent.

You will not deep-link to BHH Services and will promptly remove any links that BHH finds objectionable in its sole discretion. You will not use any BHH logos, graphics, or trademarks as part of any link without our express written consent.

You will not send junk mail to other users of BHH Services, including, but not limited to unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures.

Your Content

Prohibited Content. You shall not use BHH Services to create, upload, download, copy, publish or propagate any images, sounds, videos, data, text, information or any other materials or content (collectively, “Content”) that: (a) violates any rule, law, regulation or policy; (b) harms national interests, endangers national security or divulges national secrets; (c) incites ethnic or racial discrimination or hatred; (d) undermines social stability; (e) contains obscenity, sexual connotation, pornography, gambling, violence, murder, or terror; (f) insults or defames others or infringes others’ lawful rights and interests; or (g) contains abusive or threatening information.

License to Your Content. You hereby grant BHH a worldwide, non-exclusive, irrevocable, royalty-free, fully-paid, perpetual, sublicensable (through multiple tiers), fully transferable license to use, distribute, reproduce, create derivative works from, publish, translate, publicly perform and publicly display any Content that you upload or publish to BHH Services (collectively, “Your Content”), in any format or medium now known or later developed for any purpose. BHH can use Your Content in the App and in BHH’s other products or services, and can transfer the license or authorization of using such information and content to its related companies and cooperation partners with no need to obtain your consent again. BHH reserves the right to display advertisements and sponsorships in connection with Your Content.

BHH has the right to remove, at its sole discretion and without notice to you, Your Content if it infringes others’ rights and interests. BHH has the right to suspend or terminate access to BHH Services to any user who uses BHH Services in violation of copyright law or other intellectual property law. All liabilities for damage for any claim for rights raised by the said third party shall be assumed by you, not by BHH, and you shall compensate BHH for all losses and damages BHH incurs arising therefrom, including but not limited to economic losses and business losses.

Representation and Warranty. You represent, warrant and covenant that at all times: (i) Your Content does not infringe any third party’s intellectual property, right of reputation, right of name, right of privacy, moral rights and other lawful rights and interests; (ii) you own or have the necessary licenses, rights, consents and permissions for your use of the Your Content in connection with BHH Services and BHH’s use of the Your Content.

Identity Authentication

Some BHH services do not require User identities to be disclosed to BHH. Where identification is required, however, BHH uses many techniques to identify you when you register for and/or access, browse, use or subscribe to BHH Services. This verification is only an indication of increased likelihood that your identity is correct. You authorize BHH, directly or through third parties, to make any inquiries BHH considers necessary to validate your registration.

User Account Information

If you provide information to BHH, you agree that the information you provide to BHH upon registration and, at all other times, will be true, accurate, current, and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times. If and when you register, you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your account ID, password), you will immediately notify BHH. You will be liable for the losses incurred by BHH or others due to any unauthorized use of your account.

Communications and Notice

Under these Terms, you consent to receive communications from BHH electronically. We will communicate with you by email or by posting notices on BHH Services. 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. Except as explicitly stated otherwise, legal notices shall be served on BHH’s via its registered agent, and to you via the email address you provide to BHH during the registration process. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.

Feedback

You may, but are not required to, provide suggestions, comments, ideas, or know-how, in any form, to BHH related to BHH Services (“Feedback”). Any Feedback shall not be considered your confidential information and may be used by BHH for any purpose. There shall be no obligation to provide compensation for use of Feedback.

Third Party Sites

BHH Services may include links to other websites or services solely as a convenience to users (“Linked Sites”). BHH does not endorse any Linked Sites or the information, material, products or services contained on Linked Sites or accessible through Linked Sites. Furthermore, BHH makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through BHH Services are solely between you and such advertiser. You agree that BHH will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on BHH Services.

BHH may make changes to or discontinue any of the content or services available on BHH Services at any time, and without notice. The content or services on BHH Services may be out of date, and BHH makes no commitment to update these materials.

User Content

You acknowledge and agree that: (a) Content is provided to you AS IS and that BHH is not responsible for examining or evaluating Content created, uploaded, published, propagated, or otherwise made available by end users through BHH Services (“User Content”); (b) BHH does not guarantee accuracy of any such User Content or that such User Content will continue to be available; (c) by using BHH Services, you may encounter User Content that you deem offensive, indecent, or objectionable and that such User Content may not be labeled as such; and (d) BHH has no liability to you for any such User Content.

Termination

You agree that BHH, in its sole discretion and for any or no reason, may terminate any access to BHH Services and any account (or any part thereof) you may have with BHH. In addition, BHH reserves the right to discontinue any aspect of BHH Services at any time, including the right to discontinue the display of any licensed content, linked or embedded content, Your Content or Third Party Content, either generally or in specific cases. For the avoidance of doubt, BHH shall in no event be responsible for the deletion, losing of, or failure to store Your Content. You agree that any termination of your access to BHH Services or any account you may have or portion thereof may be affected without prior notice, and you agree that BHH will not be liable to you or any third party for such termination. Any suspected fraudulent, abusive, or illegal activity that may be grounds for termination of your use of BHH Service may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies BHH may have at law or in equity.

DISCLAIMERS; NO WARRANTIES

WITHOUT LIMITING ANY OTHER PROVISION OF THIS SECTION AND IN ADDITION TO ALL OTHER PROVISIONS OF THIS SECTION, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, BHH EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF THIRD PARTY RIGHTS, AND THOSE ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, WITH RESPECT TO BHH SERVICES. BHH MAKES NO WARRANTY THAT BHH SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT BHH SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE. BHH DOES NOT MAKE ANY WARRANTY OR REPRESENTATION AS TO THE USE OR THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF BHH SERVICES. YOU ACKNOWLEDGE THAT BHH SERVICES MAY BE SUBJECT TO OPERATING ERRORS OR DEFECTS INCLUDING, BUT NOT LIMITED TO LOSS OF DATA, DELAYS, NON-DELIVERIES, ERRORS, SYSTEM DOWN TIME, MISDELIVERIES, NETWORK OR SYSTEM OUTAGES, FILE CORRUPTION, OR SERVICE INTERRUPTIONS. NO SUCH EVENT SHALL CONSTITUTE A BREACH OF THIS OR ANY OTHER CONTRACT ON THE PART OF BHH, EVEN IF CAUSED BY THE NEGLIGENCE OR GROSS NEGLIGENCE OF BHH OR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, LICENSORS OR SUBCONTRACTORS.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Indemnification

You agree to indemnify and hold BHH, and its affiliated companies, and its suppliers and partners, harmless from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of BHH Services, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. BHH reserves the right, at our own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL BHH OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS, BE LIABLE TO YOU FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES THAT RESULT FROM YOUR USE OR THE INABILITY TO USE BHH MATERIALS ON BHH SERVICES, BHH SERVICES ITSELF, OR ANY OTHER INTERACTIONS WITH BHH, EVEN IF BHH OR A BHH AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, BHH’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

IN NO EVENT SHALL BHH’S OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD PARTY PARTNERS OR SUPPLIERS' TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS OR YOUR USE OF BHH SERVICES (WHETHER IN CONTRACT, TORT, WARRANTY, OR OTHERWISE) EXCEED ONE HUNDRED DOLLARS.

THESE LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED TO YOU BY THIRD PARTIES OTHER THAN BHH AND RECEIVED BY YOU THROUGH OR ADVERTISED ON BHH SERVICES OR RECEIVED BY YOU THROUGH ANY LINKS PROVIDED ON BHH SERVICES.

RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT

ACTIVITIES AND ASSOCIATED RISKS: The CattleTracs Service and other BHH Services should only be used by individuals qualified and experienced in working with livestock. If you use or attempt to use the CattleTracs Service to capture images of livestock, or use or attempt to use other BHH Services (collectively, the “Activities”), you acknowledge and understand that:

• taking photos of, otherwise working with, or being in close proximity to livestock animals, indoors or outdoors, is hazardous, and you may be exposed to inherent dangers and hazards, including but not limited to some of the following: hostile or aggressive animals, venomous or disease-carrying animals or insects, communicable diseases, exposure to allergens which could cause life-threatening reactions, death, equipment failures, failure to wear protective equipment, falls, fractures, concussions, dangerous or unanticipated weather, overheating, hypothermia, injuries from lack of experience or fitness or conditioning, and negligence of others;
• as a consequence of these risks and other risks associated with the Activities that may not be listed here, you may be seriously ill, hurt, disabled or may die from the resulting injuries, and your property may also be damaged;
• hospital facilities, qualified medical care, and emergency medical evacuation may be delayed, limited, or unavailable during portions of the Activities; and
• BHH assumes no responsibility for injuries and/or other damages resulting from such risks.

ASSUMPTION OF THE RISKS: You hereby freely assume the inherent risks as well as any other risks not listed that are part of the Activities, and any harm, injury, illness, or loss that may occur to you or your property as a result of your participation in the Activities—including any injury, illness, or loss caused by the negligence of BHH, its employees, agents, officers, and its contractors. You also understand that you use BHH Services at your own risk and that BHH Services are provided without any warranty.

RELEASE OF LIABILITY: You hereby RELEASE BHH, its employees, agents, officers, and contractors, (“the Released Parties”) FROM ALL LIABILITIES, CAUSES OF ACTION, CLAIMS AND DEMANDS that arise in any way from any injury, illness, death, loss or harm that occur to you or to any other person or to any property during the Activities or in any way related to the Activities. This RELEASE includes claims for the negligence of the Released Parties and claims for strict liability for abnormally dangerous activities. This RELEASE does not extend to claims that state law does not permit to be released by Agreement. You also agree NOT TO SUE or make a claim against the Released Parties for death, injuries, loss, or harm that occur during the Activities or are related in any way to the Activities.

INDEMNIFICATION HOLD HARMLESS AND DEFENSE: You promise to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims to which this Agreement applies, including claims for their own negligence. You also agree to INDEMNIFY, HOLD HARMLESS AND DEFEND the Released Parties against any and all claims for your own negligence, and any other claim arising from your conduct during the Activities. In accordance with these promises, you will reimburse the Released Parties for any damages, reasonable settlements and defense costs, including attorney’s fees, that they incur because of any such claims made against them. You agree that in the event of your death or disability, the terms contained herein, including the indemnification obligations, will be binding on your estate, and your personal representative, executor, administrator or guardian will be obligated to respect and enforce them.

SEVERABILITY: You agree that the purpose of this RELEASE OF LIABILITY, ASSUMPTION OF RISK, AND INDEMNIFICATION AGREEMENT is that it shall be an enforceable agreement as broad and inclusive as is permitted by law. You agree that if any portion or provision of this agreement is found to be invalid or unenforceable, then the remainder will continue in full force and effect. You also agree that any invalid provision will be modified or partially enforced to the maximum extent permitted by law to carry out the purpose of the agreement.

Disputes and Arbitration

• Disputes. For all disputes arising out of or relating in any way to BHH Services, you must first send a written description of your claim to BHH to allow us an opportunity to resolve the dispute. You and BHH each agree to negotiate your claim in good faith. If we still cannot resolve the dispute you may request arbitration if your claim or dispute cannot be resolved within 60 days. Please read this section carefully. It affects your legal rights. It provides for resolution of disputes through individual arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of the Terms.
• Governing Law. By using BHH Services, you agree that the statutes and laws of the United States without regard to conflicts of laws principles, will apply to all matters relating to use of BHH Services. If we are unable to commence arbitration, you agree that any litigation shall be subject to the exclusive jurisdiction of the state or federal courts in Kansas City, Missouri, and shall be subject to the laws of Missouri without giving effect to any principles of conflicts of law.
• Arbitration Procedures.
  1. Any dispute, controversy or claim arising in any way out of or in connection with the Terms (including, without limitation: (1) any contractual, pre-contractual or non-contractual rights, obligations or liabilities; and (2) any issue as to the existence, validity or termination of the Terms) shall be referred to and finally resolved by binding arbitration administered by the International Centre for Dispute Resolution (“ICDR”) in accordance with its International Arbitration Rules in force as at the date of this Agreement (the “Rules”), which Rules are deemed to be incorporated by reference into this Section 19 and as may be amended by the rest of this Section 19.
  2. The arbitration tribunal (“Tribunal”) shall consist of three (3) arbitrators. The claimant shall designate one (1) arbitrator. The respondent shall designate one (1) arbitrator. The two arbitrators thus appointed shall designate the third arbitrator who shall be the presiding arbitrator. If within fourteen (14) days of a request from the other party to do so a party fails to designate an arbitrator, or if the two arbitrators fail to designate the third arbitrator within fourteen (14) days after the confirmation of appointment of the second arbitrator, the appointment shall be made, upon request of a party, by the ICDR in accordance with the Rules.
  3. The seat of the arbitration shall be Kanas City, Missouri, U.S.A. The language of the arbitration shall be English. This arbitration clause shall be governed by the laws of the United States, including the Federal Arbitration Act, and to the extent not inconsistent therewith, the laws of the State of Missouri (United States).
  4. Any award of the Tribunal shall be made in writing and shall be final and binding on the parties from the day it is made. The parties undertake to carry out the award without delay. The arbitrator or arbitrators shall be empowered to award only those damages which are permitted by the Terms, subject to any disclaimers of damages and liability limits set forth in thee Terms, but the arbitrator or arbitrators shall not have the authority to reform, modify or materially change the Terms. The award rendered by the arbitrator(s) shall include costs of the arbitration, reasonable attorneys’ fees and reasonable costs for experts and other witnesses. Judgment on the award may be entered in any court having jurisdiction. The parties hereby irrevocably waive their right to any form of appeal, review or recourse to any court or other judicial authority insofar as such waiver may be validly made. The parties waive any right to apply to any court and/or other judicial authority to determine any preliminary point of law and/or review any question of law and/or the merits, insofar as such waiver may validly be made. The parties shall not be deemed, however, to have waived any other right to challenge any award.
  5. The parties agree that the arbitrator(s) shall have the authority to issue interim orders for provisional relief, including, but not limited to, orders for injunctive relief, attachment or other provisional remedy, as necessary to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary right. The parties agree that any interim order of the arbitrator(s) for any injunctive or other preliminary relief shall be enforceable in any court of competent jurisdiction. In addition, nothing in the Terms shall be deemed as preventing either party from seeking provisional relief from any court of competent jurisdiction, in order to protect that party’s name or proprietary rights. Nothing in this Section shall be construed as preventing any party from seeking conservatory or interim relief from any court of competent jurisdiction, including without limitation to protect either party’s name, proprietary information, trade secrets, know-how or any other proprietary rights.

Miscellaneous

• Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of these Terms shall in no manner affect such party’s right at a later time to enforce the same. A waiver of any breach of any provision of these Terms shall not be construed as a continuing waiver of other breaches of the same or other provisions of these Terms.
• Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
• Assignment. The Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by BHH without restriction.
• Survival. The sections labeled “Ownership and Proprietary Rights”, “Your Content”, “User Account Information”, “Communications and Notice”, “Third Party Sites”, “DISCLAIMERS; NO WARRANTIES”, “Indemnification”, “LIMITATION OF LIABILITY”, “Disputes and Arbitration”, and “Miscellaneous” will survive any termination of these Terms.
• Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
• Entire Agreement. These Terms are the entire agreement between you and BHH relating to the subject matter herein and shall not be modified except in writing, signed by both parties, or by a change to these Terms made by BHH as set forth in the Terms.
• CLAIMS. YOU AND BHH AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO BHH SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
• End-User Terms Required by Apple. If you have downloaded BHH Services mobile application (the “App”) from the Apple, Inc. (“Apple”) App Store or if you are using the App on an iOS device, you acknowledge that you have read, understood, and agree to the following notice regarding Apple. These Terms are between you and BHH only, not with Apple, and Apple is not responsible for BHH Services and the content thereof. Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App. In the event of any failure of the App to conform to any applicable warranty, then you may notify Apple and Apple will refund any applicable purchase price for the App to you; and that, to the maximum extent permitted by applicable law, Apple has no other warranty obligation whatsoever with respect to the App. Apple is not responsible for addressing any claims by you or any third party relating to the App or your possession and/or use of the App, including: (a) product liability claims; (b) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (c) claims arising under consumer protection or similar legislation. Apple is not responsible for the investigation, defense, settlement and discharge of any third-party claim that the App and/or your possession and use of the App infringe that third-party’s intellectual property rights. You agree to comply with any applicable third-party terms, when using the App. Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary of these Terms.
• Inquiries. You may contact us at the address below with any questions, complaints or claims regarding BHH Services:

  Our contact information:

  Black Hereford Holdings, Inc. 719 Walnut St., Kansas City, MO 64106
  Contact email: info@CattleTracs.com

• DMCA/Copyright. If you believe that anything on BHH Services infringes a copyright that you own or control, you may file a notice with our registered agent. If you file a notice with our registered agent, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must: (i) contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner; (ii) identify the copyrighted work claimed to have been infringed; (iii) identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material; (iv) provide your contact information, including your address, telephone number, and an email address; (v) provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; (vi) provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner