HerdX, Inc., a Texas corporation (“HerdX”), maintains this website to provide you with information about HerdX, its products and its services.  These Terms of Use (“Agreement”) constitute a valid, binding contract between you and HerdX, the owner and operator of the site accessible through www.herdx.com, with respect to the use of this website (the “Site”).  The information provided on this site is provided subject to compliance with the terms of this Agreement.  YOUR USE OF THIS SITE SIGNIFIES AND CONSTITUTES YOUR ACCEPTANCE OF THIS AGREEMENT, AS IT MAY BE AMENDED FROM TIME TO TIME.  Please read this Agreement carefully as it forms a binding contract between you and HerdX.  Please print a copy of this agreement for your records.

If you have specific questions, a link to the applicable section of this Agreement is provided as follows for your convenience:

PERSONAL USE OF CONTENTS

The content of the Site is for your use solely in connection with your proposed purchase of HerdX products and services.  Content copied, downloaded or printed must retain all the copyright, trademark and other proprietary notices.  For commercial use of any portion of the contents you must secure the prior written consent of HerdX.

LICENSE TO USE SITE

Permission is hereby granted to temporarily download one copy of the materials (information or software) from the Site for your personal, non-commercial transitory viewing only.  This license is subject to the other restrictions contained in this Agreement.  This license shall automatically terminate if you violate any of these restrictions and may be terminated by HerdX at any time.  Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format other than any contracts or terms that may apply or notices related to your purchase of HerdX products or services.  Your use of the Site is at the sole discretion of HerdX, which may deny you further use of the Site at any time, for any reason, with or without cause.  Your use of the Site does not entitle you to continued use of the Site.

Your use of the Site must always comply with applicable law.  In particular, but without limitation, you agree and represent not to use the Site to:

1. impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with any person or entity;
2. upload, e-mail or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
3. upload, e-mail or otherwise transmit any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party; or
4. upload, e-mail or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, network, hardware or telecommunications equipment.

ACCESS AND INTERFERENCE

You agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy our Web pages or the content contained herein without our prior express written permission.  You agree that you will not use any device, software or routine to bypass any code which may be included to prevent you from breaching the obligations in this paragraph or to interfere or attempt to interfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on our or our host’s infrastructure.

You may not engage in the practices of “screen scraping,” “database scraping,” or any other practice or activity the purpose of which is to obtain lists of users, portions of a database, or other lists or information from this site, in any manner or in any quantities not authorized by HerdX.  Systematic retrieval of data from this site to create or compile directly or indirectly, in whole or in part, a collection, compilation, database or directory without the express written permission of HerdX is strictly prohibited.  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 HerdX or its affiliates without prior express written consent.  You may not “mirror” the materials on this Site on any other server.  You may not use meta tags or any other “hidden text” utilizing HerdX’s name or trademarks without the express written consent of HerdX.

LINKS TO OTHER SITES

The Site may contain links to third party websites. Any links that are provided are not intended to state or imply that HerdX sponsors, is affiliated or associated with, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.

HerdX makes no warranties, explicit or implied, regarding the performance of the links, the performance of the outside sites or the contents of the outside sites.  If you decide to access linked third party websites, you do so at your own risk.  HerdX’s liability and responsibility in relation to any information on any third party site or any product purchased through such third party site is expressly limited by the terms of this Agreement.

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS HERDX AND ITS AFFILIATES FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING WITHOUT LIMITATION CLAIMS BASED UPON THE NEGLIGENCE OF HERDX, ARISING FROM OR RELATED TO YOUR USE OF THE SITE, THE MATERIALS IT CONTAINS, AND ANY SITES LINKED TO THIS SITE.  ADDITIONALLY, YOU AGREE TO DEFEND, INDEMNIFY AND HOLD COMPLETELY HARMLESS HERDX FROM AND AGAINST ANY AND ALL CLAIMS, SUITS, LIABILITIES, AND EXPENSES (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES) ARISING IN ANY WAY OUT OF CLAIMS BASED UPON ANY ACTIONS TAKEN BY ANY PERSON USING YOUR LOGIN INFORMATION.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

1. YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  HERDX EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT, QUALITY, PERFORMANCE, NON-INTERFERENCE WITH INFORMATION, AND ACCURACY OF INFORMATIONAL CONTENT.  THERE IS NO WARRANTY THAT INFORMATION PROVIDED ON THE SITE WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS.
2. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.  HERDX DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS CONCERNING THE ACCURACY, LIKELY RESULTS, OR RELIABILITY OF THE USE OF THE MATERIALS ON ITS INTERNET WEB SITE OR OTHERWISE RELATING TO SUCH MATERIALS OR ON ANY SITES LINKED TO THIS SITE.
3. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM HERDX OR THROUGH THIS SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

THE MATERIALS APPEARING ON THIS SITE COULD INCLUDE TECHNICAL, TYPOGRAPHICAL, OR PHOTOGRAPHIC ERRORS.  HERDX DOES NOT WARRANT THAT ANY OF THE MATERIALS ON ITS WEB SITE ARE ACCURATE, COMPLETE, OR CURRENT. HERDX MAY MAKE CHANGES TO THE MATERIALS CONTAINED ON ITS WEB SITE AT ANY TIME WITHOUT NOTICE.  HERDX DOES NOT, HOWEVER, MAKE ANY COMMITMENT TO UPDATE THE MATERIALS.

LIMITATIONS AND EXCLUSIONS OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NEITHER HERDX NOR ITS SUPPLIERS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF HERDX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM:

1. THE USE OR THE INABILITY TO USE THE SITE;
2. UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
3. THE FACT THAT YOU HAVE RELIED ON INFORMATION FROM THIS SITE;
4. STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; OR
5. ANY OTHER MATTER RELATING TO THE SITE.

IF YOU ARE DISSATISFIED WITH THE SITE, OR ANY OF THE INFORMATION CONTAINED THEREON, OR REFUSE TO ABIDE BY THIS AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE.  NOTWITHSTANDING THE FOREGOING, HERDX’S LIABILITY TO YOU SHALL IN NO CASE EXCEED $100.  YOU FURTHER AGREE NOT TO JOIN IN ANY LAWSUIT WITH ANOTHER PERSON OR SERVE AS A CLASS REPRESENTATIVE OF ANY CLASS ACTION LAWSUIT AGAINST HERDX ARISING OUT OF THE USE OF THE SITE.

HERDX SHALL NOT BE HELD LIABLE FOR ANY REPRESENTATIONS ON THIRD PARTY SITES IN RELATION TO THE INFORMATION PROVIDED IN THIS SITE.

INTELLECTUAL PROPERTY RIGHTS

The Site is protected by copyright, trademark, trade dress and other intellectual property rights.

1. You shall not (and shall not allow any third party to) copy, modify, create a derivative work from, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the software or other content contained in the Site except and only to the extent that such activity is permitted by applicable law notwithstanding this limitation.
2. The logos, and other trademarks, service marks, tradenames and service names included on the Site (“Marks”) are owned or licensed by HerdX, Inc.  These trademarks include, but are not limited to HerdX®, the HerdX logo, Know Your Herd™, the Know Your Herd logo, the circle X brand logo, the Original HerdX Quality Meats logo, and Footprint Friendly™.  You agree not to copy, display or otherwise use any of the Marks without the prior written permission of HerdX.  Notwithstanding the foregoing, the Marks may not be used in any manner likely to cause confusion, disparage or dilute these marks and/or in connection with any product or service that is not authorized or sponsored by HerdX.
3. The entire Site, and all object code and source code, text, graphics, multimedia content, including but not limited to images, illustrations, html and other mark up languages, and all scripts within the site associated therewith, are Copyright 2011-2017, HerdX, Inc. All rights reserved worldwide.  The copyrighted and proprietary property of HerdX may not be duplicated or used without HerdX’s express prior written consent.

SUBMITTED INFORMATION

Any information, including but not limited to remarks, suggestions, ideas, graphics or other submissions, communicated to HerdX by you through this website, including but not limited to intellectual property related thereto, will be treated as non-confidential and non-proprietary and HerdX may, without compensation, copy, incorporate, distribute or otherwise use such communications for any commercial or non-commercial purpose.

MODIFICATION

HerdX may update, revise, supplement, modify or amend this Agreement at any time.  Any updates, revisions, supplements, modifications or amendments shall be effective immediately upon its posting on the Site and will only be applicable to disputes arising, or arising out of events occurring, after such posting has been made.  We will indicate at the bottom of this Agreement the date of the last update.  You agree that you will be bound by this Agreement, however and whenever it is updated, revised, supplemented, modified, or amended, whether you have actual or constructive notice of, and whether you have used or continue to use the Site after, the updates, revisions, supplements, modifications or amendments.  Your use of the Site following any amendment of this Agreement will signify and constitute your assent to and acceptance of such revised Agreement.

CHILDREN’S PRIVACY

/This Site is not directed at children under the age of 18 and does not knowingly collect personal information from children under the age of 18.  If HerdX obtains actual knowledge that it has obtained personal information about a child under the age of 18, that information is immediately and permanently deleted from our records.  For more information about our privacy policies, please click here.

EXPORT CONTROLS/IMPORT DUTIES AND TAXES

You agree to comply with all U.S. and foreign export laws.  You represent and warrant that (i) you are not located in any country to which the United States has embargoed goods or has designated as a terrorist supporting country; and (ii) you are not listed on any United States list of prohibited parties.

Almost all shipments crossing international borders are subject to the assessment of duties and taxes imposed by the importing country’s government.  You are responsible for the payment of all such duties and taxes if you place any order with HerdX.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between you and HerdX with respect to your use of the Site.  There are no other representations, warranties, terms, agreements or conditions, either written or oral, with respect to your use of the Site except as set forth in this Agreement.  If you are a customer of HerdX who has a written agreement with HerdX, this Agreement is subject to, and governed by, the terms of any such written agreement you have entered into with HerdX.

SEVERABILITY

If any provision of this Agreement is deemed unlawful, void, voidable or unenforceable for any reason, then that provision shall be deemed severable from this Agreement and shall not affect the validity or enforceability of any remaining provisions.

HEADINGS

Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.  Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

GOVERNING LAW AND VENUE

HerdX’s principal office is in the State of Texas and this Site (excluding external links, if any) is controlled by HerdX, Inc. from its offices within the State of Texas, United States of America.  The Site can be accessed from all 50 states, as well as from other countries around the world.  As each of these jurisdictions has laws and regulations that may differ from those of Texas, by accessing this Site both you and HerdX agree that the statutes and laws of the State of Texas, without regard to conflicts of laws principles thereof, will apply to all matters relating to use of this Site (whether grounded in tort, contract, law or equity).  In the case of a dispute, you and HerdX agree any litigation arising between the parties hereto shall be brought only in the state or federal courts having subject matter jurisdiction in Bexar County, Texas.  You hereby irrevocably and unconditionally consent to the jurisdiction of any such court and hereby irrevocably and unconditionally waive any defense of an inconvenient forum to the maintenance of any action or proceeding in any such court, any objection to venue with respect to any such action or proceeding, and any right of jurisdiction on account of the place of residence or domicile of any party thereto.

TERMINATION

HerdX may terminate your right to use this Site, with or without cause at any time in its sole discretion, including, without limitation, your violation of this Agreement, failure to provide accurate registration data, and lack of use.  In the event of termination, all representations, warranties, indemnifications, and promises made by you shall survive.

CONTACT INFORMATION

If you have a comment, question or request, or if you need to contact HerdX for any other reason, there are four easy ways to do so.

1. E-mail:  You can e-mail us at info@herdx.com.
2. U.S. Mail:  Send mail to HerdX at:

HerdX, Inc.
616 E. Blanco Rd. Suite 201B
Suite 114-235
Boerne, TX 78006

ELECTRONIC COMMUNICATIONS

You consent to receive communications from us by e-mail.  You agree that all agreements, notices, disclosures and other communications that we provide to you by e-mail satisfy any legal requirement that such communications be in writing.

UPDATES TO TERMS OF USE

This Agreement last updated on June 16, 2022.