Mobile Application Terms of Use – My Cow
Acceptance of the Terms of Use
These terms of use are entered into by and between you and Small Accomplishments LLC (”Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of “My Cow”, including any content, functionality, and services offered on or through “My Cow” (the “Mobile Application”).
Please read the Terms of Use carefully before you start to use the Mobile Application. By using the Mobile Application, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Mobile Application.
This Mobile Application is offered and available to users who 18 years of age or older. By using this Mobile Application, you represent and warrant that you are of legal age to form a binding contract with the Company. If you do not meet all of these requirements, you must not access or use the Mobile Application.
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Mobile Application thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Mobile Application.
Your continued use of the Mobile Application following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page periodically so you are aware of any changes, as they are binding on you.
Accessing the Mobile Application and Account Security
We reserve the right to withdraw or amend this Mobile Application, and any service or material we provide on the Mobile Application, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Mobile Application is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Mobile Application, or the entire Mobile Application, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Internet or other connectivity, and to download and use the Mobile Application.
- Ensuring that all persons who access the Mobile Application on your device are aware of these Terms of Use and comply with them.
Given the characteristics of the Mobile Application, you acknowledge that Small Accomplishments LLC will not be accountable for problems in accessing the Mobile Application due to causes which are not directly connected to Small Accomplishment LLC’s activities or for which it is responsible, including:
- Problems relating to connectivity to the Mobile Application, including those related to your personal cellular or internet provider;
- Problems relating to the mobile device’s systems;
- Problems relating to the device, including malfunctions and including cases in which these devices (such as smart phones or tablets) are not compatible or fast enough to allow use of the Mobile Application;
- Non-compatibility between the mobile device and the Mobile Application; or
- Any other event which may compromise your access to the Mobile Application which is not caused by us.
To access the Mobile Application or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Mobile Application that all the information you provide on the Mobile Application is correct, current, and complete. You agree that all information you provide to register with this Mobile Application or otherwise, including but not limited to through the use of any interactive features on the Mobile Application, is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access credentials for your account. You agree to notify us immediately of any breach of security of your credentials of which you become aware.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Intellectual Property Rights
The Mobile Application and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use a single copy of the Mobile Application for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Mobile Application, except as follows:
- Your mobile device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may print or download one copy of a reasonable number of pages of the Mobile Application for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this Mobile Application.
- Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
- Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Mobile Application.
You must not access or use for any commercial purposes any part of the Mobile Application or any services or materials available through the Mobile Application.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Mobile Application in breach of the Terms of Use, your right to use the Mobile Application will stop immediately and you must then destroy any copies of the materials you have made. No right, title, or interest in or to the Mobile Application or any content on the Mobile Application is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Mobile Application not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms "My Cow", the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Mobile Application are the trademarks of their respective owners.
Prohibited Uses
You may use the Mobile Application only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Mobile Application:
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Mobile Application, or which, as determined by us, may harm the Company or users of the Mobile Application or expose them to liability.
Additionally, you agree not to:
- Use the Mobile Application in any manner that could disable, overburden, damage, or impair the Mobile Application or interfere with any other party’s use of the Mobile Application, including their ability to engage in real time activities through the Mobile Application.
- Use any robot, spider, or other automatic device, process, or means to access the Mobile Application for any purpose, including monitoring or copying any of the material on the Mobile Application.
- Use any manual process to monitor or copy any of the material on the Mobile Application or for any other unauthorized purpose without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the Mobile Application.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Mobile Application, the server on which the Mobile Application is stored, or any server, mobile device, computer, or database connected to the Mobile Application.
- Copy, mirror or otherwise attempt to replicate or reproduce the Mobile Application.
- Attack the Mobile Application via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the Mobile Application.
Monitoring and Enforcement; Termination
We have the right to:
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Mobile Application.
- Terminate or suspend your access to all or part of the Mobile Application for any violation of these Terms of Use.
Reliance on Information Posted
The information presented on or through the Mobile Application is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Mobile Application, or by anyone who may be informed of any of its contents.
This Mobile Application may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Mobile Application
We may update the content on this Mobile Application from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Mobile Application may be out of date at any given time, and we are under no obligation to update such material.
Information about You and Your Visits to the Mobile Application
All information we collect on this Mobile Application is subject to our Privacy Policy. By using the Mobile Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the Mobile Application
If the Mobile Application contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites or mobile applications linked to this Mobile Application, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or mobile applications.
Geographic Restrictions
The owner of the Mobile Application is based in the state of Florida in the United States. We provide this Mobile Application for use only by persons located in the United States. We make no claims that the Mobile Application or any of its content is accessible or appropriate outside of the United States. Access to the Mobile Application may not be legal by certain persons or in certain countries. If you access the Mobile Application from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Mobile Application will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Mobile Application for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR DEVICE, COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY OTHER INFORMATION OR CODE LINKED TO IT.
You understand that we cannot and do not guarantee or warrant that the Mobile Application will function at all times. You are responsible for assuring that you do not use the Mobile Application during or for dangerous or hazardous activities and that you are implementing sufficient procedures and checkpoints to protect the mobile device, on which the Mobile Application is being utilized, making sure that the mobile device is not subject to damage of any kind, including but not limited to water damage, weather damage, or user damage beyond that of normal wear and tear. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY USE OF THE MOBILE APPLICATION DURING DANGEROUS OR HAZARDOUS ACTIVITES OR DUE TO USE OF THE MOBILE APPLICATION ON A DAMAGED MOBILE DEVICE.
YOUR USE OF THE MOBILE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION IS AT YOUR OWN RISK. THE MOBILE APPLICATION, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, YOU AGREE TO USE THE MOBILE APPLICATION AT YOUR OWN RISK, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE MOBILE APPLICATION. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE MOBILE APPLICATION, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR MOBILE APPLICATION OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE MOBILE APPLICATION OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE MOBILE APPLICATION WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE MOBILE APPLICATION, USE OF THE MOBILE APPLICATION FOR OR DURING DANGEROUS ACTIVITY, INABILITY TO PROTECT THE MOBILE DEVICE FROM WATER, ANY MOBILE APPLICATIONS LINKED TO IT, ANY CONTENT ON THE MOBILE APPLICATION OR SUCH OTHER MOBILE APPLICATIONS, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Mobile Application, including, but not limited to any use of the Mobile Application’s content, services, and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Mobile Application.
Governing Law and Jurisdiction
All matters relating to the Mobile Application and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of New York without giving effect to any choice or conflict of law provision or rule (whether of the State of New York or any other jurisdiction).
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising under these Terms of Use, or in connection with your use of the Mobile Application, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New York law.
ANY DISPUTE, CONTROVERSY OR CLAIM ARISING OUT OF, RELATING TO OR IN CONNECTION WITH THESE TERMS, OUR MOBILE APPLICATION (OR ANY PORTION OR ALL OF THE FOREGOING), INCLUDING THE BREACH, TERMINATION OR VALIDITY OF THESE TERMS, SHALL BE FINALLY RESOLVED BY ARBITRATION. THE TRIBUNAL SHALL HAVE THE POWER TO RULE ON ANY CHALLENGE TO ITS OWN JURISDICTION OR TO THE VALIDITY OR ENFORCEABILITY OF ANY PORTION OF THE AGREEMENT TO ARBITRATE. THE PARTIES AGREE TO ARBITRATE SOLELY ON AN INDIVIDUAL BASIS, AND THAT THIS AGREEMENT DOES NOT PERMIT CLASS ARBITRATION OR ANY CLAIMS BROUGHT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS OR REPRESENTATIVE ARBITRATION PROCEEDING. THE ARBITRAL TRIBUNAL MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE MOBILE APPLICATION MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver of by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Small Accomplishments LLC regarding the Mobile Application and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Mobile Application.
Your Comments and Concerns
This Mobile Application is operated by Small Accomplishments LLC.
All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein.
All other feedback, comments, requests for technical support, and other communications relating to the Mobile Application should be directed to: