Terms & Conditions of Use

Last Updated: December 4, 2017

The easykeeper.com website and EasyKeeper web application are a product of EasyKeeper Herd Manager, Inc.

EZK provides these services to You subject to these Terms and Conditions of Use (“Terms”). In these Terms we call the website and any successor websites, the “Site”, and the EasyKeeper service, the “Service”.

In these Terms, users of the Site and/or Service, whether they are Subscribers, Customers, members of forums, or casual browsers of the Site, are called a “User”, and referred to in these Terms as “You” or “Your”; The company, EasyKeeper Herd Manager, Inc., is referred to as “EZK.

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.

Permitted Use

Upon creating a Member Account and as long as Your Member Account and Service Plan Subscription are in good standing, You and your Designated Agents are granted the right to access the Service for the purpose of maintaining the records for one farming operation; You may hold multiple accounts for multiple farming operations, each with its own Member Account and Service Plan Subscription.

By creating a 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.

You agree to use the Site and Service 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. Except as expressly permitted in these Terms, you may not, and shall not allow a Designated Agent or any third party to:

(a) Give, sell, rent, lease, timeshare, sublicense, disclose, publish, assign, market, sell, display, transmit, broadcast, transfer or distribute any portion of the Service or the Site to any third party, including, but not limited to your affiliates, or use the Service in any service bureau arrangement;

(b) Circumvent, disable or otherwise interfere with security-related features of the Site or Service or features that prevent or restrict use or copying of any content or that enforce limitations on use of the Service or Site;

(c) Reverse engineer, decompile or disassemble, decrypt or attempt to derive the source code of, the Service or Site, or any components thereof;

(d) Copy, modify, translate, patch, improve, alter, change or create any derivative works of the Service or Site, or any part thereof;

(e) Attempt to gain access to any portion of our systems or networks in any way that is not necessary for you to use the Site and/or Service;

(f) Use any robot, spider, scraper, or other automated means to access or monitor the Service or Site for any purpose;

(g) Take any action that imposes or may impose (at EZK’s sole discretion) an unreasonable or disproportionately large load on the EZK infrastructure or infrastructure which supports the Site or Service;

(h) Interfere or attempt to interfere with the integrity or proper working of the Service or Site, or any related activities;

(i) Remove, deface, obscure, or alter EZK’s or any third party’s identification, attribution or copyright notices, trademarks, or other proprietary rights affixed to or provided as part of the Service or Site, or use or display logos of the Service or Site without EZK’s prior written consent;

(j) Use the Service or Site to develop a competing service or product;

(k) Use the Service or Site to send unsolicited or unauthorized commercial communications;

(l) Resell, lease, or transfer your Member Account to anyone else; and/or

(m) Use the Service or Site in any unlawful manner, for any harmful, irresponsible, or inappropriate purpose, or in breach of these Terms, any terms and conditions of any third-party product or service you use, or agreement you have entered into with any third party.

Without derogating from the above, You agree to remain liable to EZK for any act or omission of a Designated Agent or any third party gaining access by your hand that would constitute a breach of these Terms if such acts or omissions were by you.

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 a secure, private email address and credit card information, and that failure to provide complete and accurate information, including but not limited to, a secure, private email address and credit card information shall be cause for cancelation of your Member Account and/or Service Subscription; Email addresses provided by “Mailinator” and other similar public email systems are not authorized for use on the Site or Service, and such use shall be cause for cancelation of your Member Account and Service Subscription. Should your personal information change, you agree to update this information via your account page in the Service, by emailing us at admin@EasyKeeper.com, via the Contact Us form or from the Service’s Feedback & Support forum. Additionally, you agree to be automatically enrolled in EZK’s newsletter, product promotional emails, product use emails, and other email communications. The User may unsubscribe from receiving these emails 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.

Access to Service, Billing and Refunds

When You create a Member Account to use the Service, You will be granted a 30-day trial subscription period without cost. During this time, You will have access to the Service’s full feature set. Upon completion of your free trial period, you will be required to create a Service Plan Subscription, select a billing interval, and provide credit card information to continue using the Service. Upon creating your Service Plan Subscription, your credit card will be automatically charged based on the billing interval you select and will continue to be charged based on your current Service Plan Subscription selection until you cancel your Service Plan Subscription; EZK reserves the right to automatically charge your credit card for Your regularly scheduled billing without prior notice to You. You may cancel your Service Plan Subscription from the Service’s My Account section, by emailing us at admin@EasyKeeper.com, via the Contact Us form or from the Service’s Feedback & Support forum.

Service Plan Subscriptions will be canceled effective the date of request regardless of the route used to initiate the cancelation. No refunds will be given for unused portions for canceled Service Plan Subscriptions, whether the Account and/or Service Plan Subscription is canceled by You or by EZK due to the breach of these Terms.

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

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 following the billing period in which the change occurs.

Intellectual Proprietary Rights

You acknowledge and agree that EasyKeeper, the EasyKeeper logo, and all other content and materials available on the Site and Service, other than User Data, is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights by EasyKeeper Herd Manager, Inc., and/or its suppliers. .

All correspondence, suggestions, comments or other feedback provided by You regarding the EZK Service and/or the Site (“Feedback”) shall be deemed the sole property of EZK. Without derogating from the above, EZK will be free to adopt such Feedback for any of its products or services, use it in any other manner, disclose, reproduce, license or otherwise distribute and exploit the Feedback provided to it as it sees, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise. You hereby waive any right to the Feedback, including but limited to, moral rights and any right for royalties or any other consideration. Without derogating from the above, you hereby grant EZK a worldwide, irrevocable, non-exclusive, royalty-free, perpetual, sub-licensable and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform any information and/or content that you post, disclose, publish or otherwise make available in the course of EZK’s webinars, customer forums/blogs, community forums/blogs or any other similar event or venue, including without limitation for publishing and redistributing part or all of such information and/or content (and derivative works thereof) in any media formats and through any media channels and, and you hereby waive any moral rights in such information and/or content, to the extent permitted by law.

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 EZK.

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 publicly 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. All User and Third Party Content Community Data information is presented in the interface merely as a “Suggestion” with a statement or warrant as to its validity, and 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 awards, production data, breeding, kidding, photos and notes will not be shared in CommTo 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.

You acknowledge that you will verify the accuracy of any User or Community Data prior to incorporating the information into Your User Data, and acknowledge that under no circumstances will EZK be liable in any way for any loss or damage of any kind incurred as a result of Your use of any User or Third Party Content suggested, posted, emailed, transmitted and/or otherwise made available through the Site and/or Service.

Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit any User Data uploaded or stored on the Site and/or Service for Member Accounts and/or Service Plan Subscriptions that are not in good standing or are in violation of these Terms, and we may do this at any time and without notice. You are solely responsible for maintaining copies of and replacing any User Data you post or store on the Site and/or Service.

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/or 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 webcasting 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 that you visit.

Any dealings with third parties (including advertisers) included within the Site and/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, INC. (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, INC. (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 OR 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, INC. 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 LLC 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, INC. 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 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 LLC BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES OR LOSSES, COSTS OR EXPENSES INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS OR INTERRUPTION OF BUSINESS (EVEN IF 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, Inc. shall have the right to edit or delete the Content you upload to the Site and Service and/or terminate your Member Account or Service Plan Subscription 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 for the EasyKeeper Service or simply browse the Site, you are stating that You have read and understood these Terms as stated above, and that You will read these Terms again from time to time, or at such time that 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.

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 provide You the right access the Service for the purposes of maintaining data related to one farming operation.

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 Site at any time without notice, and the Service 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.

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, Inc.

316 California Ave, Suite 74

Reno, NV 89509

84-4EASYKHM (844-327-9546) (toll free)

775-453-6411 (phone)

775-455-4436 (fax)

admin@EasyKeeper.com