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Cowshed US Terms and Conditions

Cowshed US Terms and Conditions

1 Introduction

Welcome to www.cowshed.com. This page (together with the documents referred to on it) tells you the terms and conditions (“Terms and Conditions”) of use which you may make use of www.cowshed.com (“Website”). This Website is operated by Cowshed LLC, a Delaware limited liability company (“Cowshed”). Please read these Terms and Conditions carefully before using our Website. The Terms and Conditions herein set forth expressly incorporate by reference and include our Privacy Policy and any other statements, terms guidelines, rules or disclaimers that may be published, posted or updated on specific web pages on our Website or on any notice sent to you.

By using or accessing this Website, you accept and agree to be bound and abide by these Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, are not of legal age of adulthood in the country or other territory in which you are located, or are accessing our Website in a country or other territory where use of our Website is not permitted, please exit our Website immediately.

These Terms and Conditions were last updated as of the date set forth above and may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the Terms and Conditions periodically for updates.

2 Electronic Communication

When you visit our Website or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communication be in writing.

3 Buying Products & Services on our Website

To order a product or service from Cowshed please follow the ordering procedures set out on the relevant page of this Website. Details of the prices for our products and services, and the procedures for payment and delivery are displayed on or through this Website. The price of any product or service is the price in force at the date and time of your order. Payment must be made by credit or debit card at the time of the order, at which time you will be notified of the current price. You agree that all details you provide to us for the purpose of purchasing products or services which may be offered on our Website will be correct, that the credit or debit card which you use is your own and that there are sufficient funds or credit facilities to cover the cost of any products or services you have ordered. We reserve the right to obtain validation of your credit or debit card details before fulfilling any order. If your order is accepted, we will confirm acceptance to you by online electronic means to the e-mail address you have provided when placing your order. Standard delivery orders are generally fulfilled within four working days from the date of the placement of the order. Orders requiring next day or second day air service are fulfilled within one working day. For information about returns and refunds, please review our Returns policy located on this Website.

4 Your Account

You are solely responsible for maintaining the confidentiality of any username and password that may be given to you or selected by you for use on our Website, and you agree to accept responsibility for all activities that occur under your username and password. Please notify Cowshed immediately of any unauthorized use of your account. Cowshed reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

5 Risk of Loss

All items purchased from Cowshed are made pursuant to a shipment contract. This means that risk of loss and title for such items pass to you upon delivery to the carrier.

6 Product & Service Descriptions

Cowshed attempts to be as accurate as possible. However, Cowshed does not warrant that the product and service descriptions or other content of this Website is accurate, complete, reliable, current, or error-free. If a product offered by Cowshed is not as described, your sole remedy is to return it in unused condition. If a service offered by Cowshed is not as described, a refund may be provided at Cowshed’s sole discretion.

7 Copywright

All content included on this Website, such as text, graphics, logos, buttons, icons, images, audio clips, digital downloads, data compilations and software, is the property of Cowshed or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this Website is the exclusive property of Cowshed and protected by United States and international copyright laws. All software used on this Website is the property of Cowshed or its software suppliers and protected by United States and international copyright laws.

8 Trademarks

All intellectual property and database rights, in our Website, and in the materials published on it, including but not limited to trademarks, designs, logos, text, images, audio and video materials, look and feel and software (including code, interface and website structure) ("Materials") are owned by Cowshed, our subsidiaries, affiliates and/or any of our partners. The Materials are protected by intellectual property laws and treaties around the world. All such rights are reserved. You may not remove any copyright or other proprietary notices from any Materials on our Website. Material from this Website may not be copied, reproduced, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of Cowshed. Neither title nor intellectual property rights are transferred to you by use of or access to this Website; rather, all rights, title and interest in and to all aspects of the Website remain the property of Cowshed. Material on this Website is provided for lawful purposes only. Any misuse of Material on this Website or of the trademarks listed below is strictly prohibited. The following trademarks and all related logos and designs used herein are owned by Cowshed and/or its affiliates, subsidiaries, parent or related companies:

● Cowshed graphic and logo

● www.cowshed.com

By utilizing this Website, you understand and agree that Cowshed and www.cowshed.com and other Cowshed graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of Cowshed in the United States and/or other countries. Cowshed’s trademarks and trade dress

may not be used in connection with any product or service that is not Cowshed’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Cowshed. All other trademarks not owned by Cowshed that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Cowshed.

9 License & Site Access

Cowshed grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Cowshed. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Cowshed. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Cowshed without the express written consent of Cowshed. You may not use any meta tags or any other “hidden text” utilizing Cowshed’s name or trademarks without the express written consent of Cowshed. Any unauthorized use terminates the permission or license granted by Cowshed. You may not portray Cowshed, or its products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Cowshed logo or other proprietary graphic or trademark as part of the link without express written permission.

10 Modifications to Website

We reserve the right, for any reason, in or sole discretion, to terminate, alter, suspend or discontinue any aspect of our Website, including, but not limited to, the content or services available through it. We may also impose limits on certain features of the Website or restrict your access to part or all of the Website without notice or penalty. Unless stated otherwise, any new features including new content, and/or the sale of new products or services shall be subject to these Terms and Conditions.

11 External Links

We may provide links to other websites from time to time. These links are provided for convenience. Cowshed makes no representations whatsoever about any other websites which you may access through our Website or which may link to our Website. When you access any other website you understand that it is independent from Cowshed and that we have no control over the content or availability of that website. In addition, a link to any other website does not mean that Cowshed endorses or accepts any responsibility for the content, or the use of, such a website and Cowshed shall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource. Any concerns regarding any external link should be directed to its website administrator or web master.

12 Disclaimer of Warranties & Limitation of Liability

THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE ARE PROVIDED BY COWSHED ON AN “AS IS” AND “AS AVAILABLE” BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. COWSHED MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE OR THE INFORMATION, CONTENT,

MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, UNLESS OTHERWISE SPECIFIED IN WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, COWSHED DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COWSHED DOES NOT WARRANT THAT THIS SITE; INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE; THEIR SERVERS; OR E-MAIL SENT FROM COWSHED ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COWSHED WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS WEBSITE OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. UNDER NO CIRCUMSTANCES SHALL COWSHED OR ITS AFFILIATES, SUBSIDIARIES, PARENT OR RELATED COMPANIES BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES), HARM, OR INJURY THAT RELATE TO, ARISE OUT OF, OR RESULT FROM THE USE OF, OR ACCESS TO, OR THE INABILITY TO USE, ANY OF THE MATERIALS OF THIS WEBSITE, OR ARE CAUSED BY ANY FAILURE OF PERFORMACE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATIONAL TRANSMISSION, COMPUTER VIRUS OR LINE FAILURE. THE MATERIAL ON THIS WEBSITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAWS, COWSHED DISCLAIMS LIABILITY FOR NEGLIGENCE AND DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. COWSHED DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT THE CONTENTS WILL BE CORRECT, ACCURATE OR RELIABLE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT COWSHED) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE MATERIAL DISPLAYED ON OUR WEBSITE IS PROVIDED “AS IS” AND WITHOUT ANY GUARANTEES, CONDITIONS OR WARRANTIES AS TO ITS ACCURACY. TO THE EXTENT PERMITTED BY LAW, COWSHED HEREBY EXPRESSLY EXCLUDE ALL CONDITIONS, WARRANTIES AND OTHER TERMS WHICH MIGHT OTHERWISE BE IMPLIED BY STATUTE, COMMON LAW OR THE LAW OF EQUITY, ANY LIABILITY FOR ANY DIRECT, INDIRECT OR CONSEQUENTIAL LOSS OR DAMAGE INCURRED BY ANY USER IN CONNECTION WITH OUR WEBSITE OR IN CONNECTION WITH THE USE, INABILITY TO USE, OR RESULTS OF THE USE OF OUR WEBSITE, ANY WEBSITES LINKED TO IT AND ANY MATERIALS POSTED ON IT, INCLUDING, WITHOUT LIMITATION ANY LIABILITY FOR: LOSS OF INCOME OR REVENUE, LOSS OF BUSINESS, LOSS OF PROFITS OR CONTRACTS, LOSS OF ANTICIPATED SAVINGS, LOSS OF DATA, LOSS OF GOODWILL, WASTED

MANAGEMENT OR OFFICE TIME, AND FOR ANY OTHER LOSS OR DAMAGE OF ANY KIND, HOWEVER ARISING AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY OR DAMAGES, COWSHED’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

13 Applicable Law; Disputes 

By visiting our Website, you agree that the laws of the state of New York, without regard to principles of conflicts of laws, will govern these Terms and Conditions. Any disputes arising under or in connection with these Terms and Conditions, or your access or use of our Website shall be subject to the exclusive jurisdiction of the state and federal courts located in New York County, New York, and you consent to the exclusive jurisdiction and venue of such courts.

14 Website Policies, Modification & Severability

Please review our other policies posted on this Website. These policies also govern your visit to www.cowshed.com. We reserve the right to make changes to our Website, policies, these Terms and Conditions at any time. If any provision or term of these Terms and Conditions shall become or be declared illegal, unlawful, invalid or unenforceable for any reason whatsoever, such term or provision shall be deemed severable from the other Terms and Conditions and shall not affect the validity and enforceability of any remaining term or provision.

OUR ADDRESS; NOTICES

Cowshed LLC
111 8th Avenue
Suite M8
New York, NY 10011

All notices shall be given:

  • to us at the above address or via e-mail at howdy@cowshedonline.com; or
  • to you at either the e-mail or postal address you provide during any ordering process.

Notice will be deemed received when an e-mail is received (or else on the next business day if it is received on a weekend or a public holiday) or 3 days after the date of mailing.

15 Notice & Procedure for Making Claims or Trademark or Copyright Infringement

We respect the intellectual property rights of others, and require that the people who use our Website do the same. If you believe that your work has been copied in a way that constitutes an infringement of your intellectual property rights, please provide Cowshed the written information specified below.

  • Your address, telephone number and email address;
  • A description of the copyrighted work that you claim has been infringed;
  • A description of where the alleged infringing material is located;
  • A statement by you that you have a good faith belief that the disputed use is not authorized by you, the copyright owner, its agent, or the law;
  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

16 Comments

If you have any comments or questions, you should direct them to us via e-mail at howdy@cowshedonline.com

 

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