Welcome to HerdBoss. HerdBoss is comprised of various web pages located at HerdBoss.com and mobile apps ("HerdBoss"). HerdBoss is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of HerdBoss constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
HerdBoss may allow you to upload images and text (collectively “content”). You must ensure that your content, and your conduct, comply with the Acceptable Use Policy set forth below. HerdBoss may (but is not obligated to) monitor your account, content, and conduct, regardless of your privacy settings. HerdBoss may take all appropriate actions to enforce its rights including removing specific content or suspending or removing your account.
You may not submit any content that:
In using our services, you may not:
You will not:
If you use HerdBoss, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer and mobile devices, and you agree to accept responsibility for all activities that occur under your account or password. You acknowledge that HerdBoss is not responsible for third-party access to your account that results from theft or misappropriation of your account. HerdBoss and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
You may cancel your subscription at any time. Please contact us at firstname.lastname@example.org with any questions.
HerdBoss does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use HerdBoss only with permission of a parent or guardian.
HerdBoss may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of HerdBoss, and HerdBoss is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. HerdBoss is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by HerdBoss of the site or any association with its operators.
Certain services made available via HerdBoss are delivered by third-party sites and organizations. By using any product, service or functionality originating from HerdBoss, you hereby acknowledge and consent that HerdBoss may share such information and data with any third party with whom HerdBoss has a contractual relationship to provide the requested product, service or functionality on behalf of HerdBoss users and customers.
All content included as part of HerdBoss, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on HerdBoss, is the property of HerdBoss or its suppliers, and is protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
HerdBoss is controlled, operated and administered by HerdBoss from our offices within the USA. If you access HerdBoss from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use HerdBoss Content in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless HerdBoss, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys' fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. HerdBoss reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with HerdBoss in asserting any available defenses.
To the maximum extent permitted by law, this agreement is governed by the laws of the State of California and you hereby consent to the exclusive jurisdiction and venue of courts in California in all disputes arising out of or relating to the use of HerdBoss. Use of HerdBoss is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and HerdBoss as a result of this agreement or use of HerdBoss. HerdBoss's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of HerdBoss's right to comply with governmental, court and law enforcement requests or requirements relating to your use of HerdBoss or information provided to or gathered by HerdBoss with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and HerdBoss, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and HerdBoss. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
HerdBoss reserves the right, in its sole discretion, to change the Terms under which HerdBoss is offered. The most current version of the Terms will supersede all previous versions. HerdBoss encourages you to periodically review the Terms to stay informed of our updates.
Effective as of August 5, 2020