T&C - HHCC

ESSENTIAL INFORMATION

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF THIS TERMS OF USE (“AGREEMENT”). YOUR ACCEPTANCE OF THE TERMS OF THIS AGREEMENT IS AN ABSOLUTE CONDITION OF YOUR USE OF THE HAIRYHEIFER.COM (“SITE”) AND FORMS A LEGAL AGREEMENT BETWEEN YOU AND HAIRY HEIFER CATTLE COMPANY LLC. (HEREAFTER “HHCC”). BY ACCESSING ANY SERVICE OR PART THEREOF UNDER THE SITE, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT. HHCC RESERVES THE RIGHT TO CHANGE THESE TERMS AT ANY TIME WITHOUT PRIOR WRITTEN NOTICE, AND YOU AGREE TO BE BOUND BY SUCH CHANGES.

OWNERSHIP

The Site is owned and operated by Hairy Heifer Cattle Company LLC.. All images of cattle and otherwise available on the Site are owned by HHCC or its partners / contributors and are protected by International copyright laws and international treaty provisions. HHCC retains all rights not expressly granted by this Agreement. The terms of the Cattle sale contained in this Agreement will terminate automatically without notice from HHCC, if you fail to comply with any provision of this Agreement. In addition, HHCC reserves the right to terminate the Site without notice.

AUTHORIZED USE

Any content downloaded or shared by you from the Site, including, without limitation, any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the “Content”) is licensed to you by HHCC. Your use of the Content, or any intellectual property rights therein, is dependent upon your acceptance of the HHCC Terms of Service and any relevant third party agreements.
In connection with using or accessing our Services you agree to comply with HHCC’s Terms of Service, our policies, our terms, and all applicable laws, rules, and regulations, and you will not:
breach or circumvent any laws, regulations, third-party rights or our systems, Services, policies, or determinations of your account status;
Do not use our Services if you are not able to form legally binding contracts (for example, if you are under 18 years old), or are temporarily or indefinitely suspended from using our Services, or are a person with whom transactions are prohibited under economic or trade sanctions;

Fail to pay for items purchased by you.
Manipulate the price of any item or interfere with listings;
Transfer your HHCC account and user ID to another party without our consent;
Share your log in credentials with any third parties.
Post false, inaccurate, misleading, deceptive, defamatory, or libelous content regarding HHCC on third party sites;
Distribute or post spam, unsolicited or bulk electronic communications, chain letters, or pyramid schemes using HHCC’s site or content;
Distribute viruses or any other technologies that may harm HHCC or the interests or property of users;
Use any robot, spider, scraper, data mining tools, data gathering and extraction tools, or other automated means to access our services for any purpose, except with the prior express permission of HHCC;
Circumvent any technical measures used to provide our Services.
Interfere with the functioning of our Services, such as by imposing an unreasonable or disproportionately large load on our infrastructure;
Export or re-export any HHCC application or tool, except in compliance with the export control laws, and rules and policies of any relevant jurisdictions;
Infringe the copyright, trademark, patent, publicity, moral, database, and/or other intellectual property rights (collectively, “Intellectual Property Rights”) that belong to or are licensed to HHCC. Some, but not all, actions that may constitute infringement are reproducing, performing, displaying, distributing, copying, reverse engineering, decompiling, disassembling, or preparing derivative works from content that belongs to HHCC or someone else;
Infringe any Intellectual Property Rights that belong to third parties affected by your use of our Services or post content that does not belong to you;
Commercialize any HHCC auction, application or any information, data or software associated with such application, except with the prior express permission of HHCC; or
Harvest or otherwise collect or use information about users without their consent.
If we believe you are abusing HHCC and/or our Services in any way, we may, in our sole discretion and without limiting other remedies, limit, suspend, or terminate your user account(s) and access to our Services, delay or remove bids, remove any special status associated with your account(s), remove, reduce or eliminate any discounts, and take technical and/or legal steps to prevent you from using our Services.
We may cancel unconfirmed accounts or accounts that have been inactive for a substantial period of time. Additionally, we reserve the right to refuse, modify, or terminate all or part of our Services to anyone for any reason at our discretion.

LINKS TO THIRD PARTY SITES

Any links to third-party sites provided by HHCC are available as a convenience to you. HHCC does not control third party sites or links to third party sites. Links to third-party sites are not an endorsement by HHCC of such sites. HHCC is not responsible for the content of any linked sites.

LIMITED WARRANTY

HHCC represents that it has the right to enter into this Agreement and has the right to grant this Agreement under these terms.

HHCC warrants that the cattle available for auction will be well cared for and free from sickness or maladies in health under normal circumstances for a period of thirty (30) days prior to the date you arrive to pick up your cattle.
Buyer must arrange transport. HHCC suggests working with experienced, licensed and bonded transport. HHCC reserves the right to determine whether buyer’s transport methods aren’t suitable for a living animal and deter buyer from leaving the facility with cattle in a manner that could harm the animal, if your transport is determined to not meet expectations, HHCC will make options available for another opportunity to pick up cattle, once transportation concerns are resolved adequately.

Buyer assumes all liability once cattle leaves HHCC.

EXCEPT AS PROVIDED ABOVE, THE CATTLE, ARE PROVIDED ‘AS IS’ ‘AS AVAILABLE’ AND ‘WITH ALL FAULTS’ BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HHCC DOES NOT WARRANT THAT THE CATTLE AND THE SITE WILL MEET YOUR REQUIREMENTS OR THAT ITS USE WILL BE UNINTERRUPTED OR ERROR FREE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE CATTLE AND THE SITE ARE WITH YOU. SHOULD THE CATTLE PROVE DEFECTIVE, YOU (AND NOT HHCC OR AN AUTHORIZED PERSONNEL OR OTHER CATTLE DEALER) ASSUME THE ENTIRE COST OF ALL NECESSARY CARE, HOSPITALIZATION, OR BURIAL EXPENSES AFTER PICKUP.

Certain states do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You have specific rights under this warranty, but you may have others, which vary from state to state.

YOU REPRESENT, WARRANT AND COVENANT THAT:

You are at least eighteen (18) years of age and have the right to enter into this Agreement;
Your use of the Site will not violate any rights including but not limited to copyrights, intellectual property rights, trademark, privacy, or any other applicable law or regulation of any country, state, other governmental entities or any third party;
The information you provide to HHCC is accurate and true, including without limitation all credit card information; and
You agree that all passwords to your HHCC account are to be held in the strictest of confidence. You may not share or disclose any password or log in information to any other user or third party other than as specifically provided for herein. If you breach any provision of this section, we shall be entitled to

terminate this Agreement immediately with notice to you;
retain all unpaid payments pursuant to this Agreement; and
seek any legal or equitable remedies.

You are responsible for reading the full item listing before making a bid or offer, buying, or committing to buy,
You enter into a legally binding contract to purchase cattle when you submit a bid, if you have the winning bid, or your bid is otherwise accepted.

INCORRECT PRICING AND INFORMATION

HHCC has used reasonable effort to ensure that the pricing and information stated in the Site are accurate, however there are possibilities due to genuine error that the Cattle’s information is incorrect or the Cattle is priced wrongly, in such situation HHCC has the right to cancel the transaction and refund the payment, if the transaction has been made.

LIMITATION OF REMEDIES

No Monetary Damages: Under no circumstances whatsoever will HHCC be liable to you for any damages, including any lost profits or revenues, lost savings, or other special, general, punitive, incidental or consequential damages arising out of the use or inability to use the Cattle even if HHCC or a distributor authorized by HHCC has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitations or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

INDEMNIFICATION

You agree to fully defend and indemnify HHCC, its employees, directors, and officers, and anyone else associated with HHCC, and each of their successors, licensees, and assigns free and harmless from any and all claims, liabilities, costs, losses, damages, or expenses, including attorneys’ fees and expenses, arising from the breach of the warranty above or the terms of this Agreement.

USAGE

HHCC reserves the right to change and amend the prices of any Cattle or any product description including but not limited to cattle sizes without prior notice to you. However, HHCC will always endeavor to notify you of any impending changes.

TERMS OF DEPOSIT

Once an HHCC Auction is concluded, HHCC will use the phone number listed under the bidder account to reach out and make arrangements for picking up your new Hairy Heifer. Upon first contact the deposit (10% of winning bid) for the cow is due. Deposit is nonrefundable. Payment arrangements including but not limited to: Cashier’s Check or Money Order, Wire Transfer, Personal Check, electronic transfer including: Zelle, Venmo, Cash App, etc.
Winner has twelve hours from the auction close to place a deposit with HHCC. If the winner can not be reached for twenty four (24) hours from auction close, the runner up will be contacted and the Cow is no longer on hold for the winning bidder. If the winner is unable to secure a deposit with HHCC within twenty four (24) hours from auction close, the runner up will be contacted and the Cow is no longer on hold for the winning bidder.

After contact is made and deposit is received, the winner has two options available to them.
Option 1 – Pay full price of cow at checkout.
Option 2 – Make alternative payment arrangements including but not limited to:
Cashier’s Check or Money Order, Wire Transfer, Personal Check, electronic transfer including: Zelle, Venmo, Cash App, etc.

TERMS OF PICKUP

A Cattle purchase cannot be upgraded, downgraded nor exchanged upon pickup of the first Cattle.
There shall be no extension of pickup period if you fail to arrive or havent acquired suitable transportation due to intentional or unforeseen circumstances. If the Pickup appointment is missed, HHCC reserves the right to reschedule a new pickup day and time. HHCC will fully reimburse ‘lost days’ only if communication is inaccessible (i.e. system down) for a continuous duration of twenty-four (48) hours or more.
The Cattle will no longer be available for pickup once six (6) months or one-hundred and eighty (180) days have passed without correspondence from the buyer.
After one (1) month without correspondence, HHCC will guarantee a minimum of one (1) phone call(s) monthly for the remainder of the six month term using the number listed in the buyer’s profile to ensure a pickup time can be scheduled.
After one (1) month without correspondence, HHCC will guarantee a minimum of two (2) emails monthly for the remainder of the six month term using the email listed in the buyer’s profile to ensure a pickup time can be scheduled
After the one-hundred and eighty (180) day period without correspondence expires, the buyer agreement becomes void. The full ownership of the cattle purchased reverts to HHCC to determine whether to auction the cattle to a new buyer. Any payments received from The Buyer are non-refundable after the term expires.

NO WAIVER

Failure by HHCC to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision.

JURISDICTION

This Agreement shall be governed by the laws of the state of Texas, without regard to the conflict of laws principles.
All disputes arising out of or in connection with the performance of this Agreement shall be settled through friendly negotiations. If the parties are unable to resolve any such dispute within thirty (30) days after the commencement of negotiations, the parties agree that the dispute shall be settled by arbitration in Kerr County, Texas under the Texas Arbitration Act Arbitration Rules in force when the notice of arbitration is submitted in accordance with these rules. The number of arbitrators shall be one (1). The language of the arbitration shall be English. The arbitral award shall be final and binding upon both parties.
You acknowledge and agree that any breach of any covenant, representations and warranties contained in this Agreement would cause irreparable injury to HHCC such that damages and remedies under Texas Law for any breach of any such covenant would be inadequate. You further acknowledge and agree that the arbitral tribunal may order any interim measure it deems necessary or proper in accordance with the applicable laws of Texas, including without limitation, any injunctive or enjoining procedural orders or interlocutory awards.

LEGAL FEES

If HHCC is obligated to go to court to enforce any of its rights, or to collect any fees, you agree to reimburse HHCC for its legal fees, costs and disbursements if HHCC is successful.

ASSIGNABILITY

The parties are independent agents and no employment, agency, or joint venture is created hereunder. This Agreement, and any rights and licenses granted hereunder may not be transferred or assigned by You but may be assigned by HHCC without restriction

ENTIRE CONTRACT

You acknowledge that you have read this Agreement, understand it, and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the agreement between you and HHCC, which supersedes any proposal or prior agreement, oral or written, and any other communication between you and HHCC relating to the subject of this Agreement. The explanations to FAQ’s, Community Guidelines, and other explanations and content provided in the Site are for your information only and are not, and shall not be construed as, part of this Agreement.

SEVERABILITY

Should any provision of this Agreement be held to be void or invalid, that fact will not affect any other provision, and the remainder of this Agreement will be construed to most closely give effect to the parties’ intentions.

Returns and cancellations for buyers

Buyers generally do not have the right to cancel an order. Seller reserves all right to final determination of return conditions. In certain instances, a buyer may be responsible for the cost of return transport for an animal returned to HHCC. The buyer is responsible for the return transport costs and all costs related to a resolution to return the cattle.

Our Hairy Heifer Auction platform is backed by a secure bid and payment software to protect your information and privacy.

We only use your information as described in the Privacy Policy which is incorporated into this Agreement by reference.

You further agree that by your continued use of the Site, you agree to the terms of this Agreement and Privacy Policy. If you do not agree to your information being used in the manner stated in our Privacy Policy, please cease from using the service(s) provided by the Site.

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