Last Modified: 4/26/2020
Acceptance of the Terms of Use
These terms of use are entered into by and between you and BullPEN, LLC (“BullPEN,” “we,” “us,” or “our”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of the BullPEN mobile application, including any content and functionality offered on or through the BullPEN mobile application (the “App”).
Please read these Terms of Use carefully before you start using the App. By accessing or using the App, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at http://www.getpenned.com/privacypolicy/, 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 App.
Scope of Our Services
We connect you to third-party bull breeders (“Breeders”). The App enables you to find bulls for sale that fit your cattle breeding operation needs. The information presented on or through the App is made available solely for general information purposes. 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 App, or by anyone who may be informed of any of its contents.
We do not own, sell, resell, provide, control, offer, or deliver any bulls. When you access or use the App to connect with Breeders, any resulting contractual relationship is between you and the Breeder. We are not and do not become a party to or other participant in any contractual relationship between you and any Breeder. Additionally, we are not acting as an agent in any capacity for you or any Breeder for any such contractual relationship.
We have no control over and do not guarantee (i) the truth or accuracy of any bull listing description on the App (each, a “Listing”) or (ii) the performance or conduct of any Breeder. Any Listing is not an endorsement, certification, or guarantee by us about any Breeder. We urge all users to be responsible about their use of this App and any transaction entered into as a result of any Listing. As a result, any part of an actual or potential transaction between a user and a Breeder, including the quality, condition, or legality of the Listing or the truth or accuracy of the Listing, is the sole responsibility of each user. You should always exercise due diligence and care when deciding whether to communicate and interact with a Breeder.
Accessing the App
Users are granted a limited, revocable, non-exclusive license to access the App and the content provided on the App solely for the purpose of searching Listings, all in accordance with these Terms of Use. Any use of the App that is not for this purpose or otherwise in accordance with these Terms of Use is expressly prohibited.
Due to the nature of the internet, we cannot guarantee the continuous and uninterrupted availability and accessibility of the App. We may restrict the availability of the App or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of our servers, or to carry out maintenance measures that ensure the proper or improved functioning of the App. We may improve, enhance, and modify the App from time to time.
We reserve the right to withdraw or amend the App, and any Listings therein, in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the App or Listings is unavailable at any time or for any period.
Intellectual Property Rights
The App and its entire contents, features, and functionality (including, but not limited to, all information, software, text, displays, and images, and the design, selection, and arrangement thereof) are owned by BullPEN, 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.
You must not reproduce, distribute, modify, create derivative works of, publicly display, republish, download, store, or transmit any of the material on our App, except as follows:
- Your device may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
- You may store files that are automatically cached by your device for display enhancement purposes.
- You may print or download one (1) copy of a reasonable number of pages of the App for your own use and not for further reproduction, publication, or distribution.
You must not:
- Modify copies of any materials from this App.
- Use any illustrations, photographs, or any graphics separately from the accompanying text.
If you wish to make any use of the material on the App other than that set out in this section, please address your request to: glenda.bullpen@gmail.com.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the App in breach of these Terms of Use, your right to use the App will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the App or any content on the App is transferred to you, and all rights not expressly granted are reserved by BullPEN. Any use of the App 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
Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of BullPEN or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this App are the trademarks of their respective owners.
Prohibited Uses
You may use the App only for lawful purposes and in accordance with these Terms of Use. You agree not to use the App:
- 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 United States or other countries).
- To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the App, or which, as determined by us, may harm BullPEN or users of the App, or expose them to liability.
Additionally, you agree not to:
- Use the App in any manner that could disable, overburden, damage, or impair the App or interfere with any other party’s use of the App, including their ability to engage in real time activities through the App.
- Use any robot, spider, or other automatic device, process, or means to access the App for any purpose, including monitoring or copying any of the material on the App.
- Use any manual process to monitor or copy any of the material on the App, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
- Use any device, software, or routine that interferes with the proper working of the App.
- 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 App, the server on which the App is stored, or any server, computer, or database connected to the App.
- Attack the App via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of the App.
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 App.
- Terminate or suspend your access to all or part of the App for any or no reason, including without limitation, any violation of these Terms of Use.
Changes to the App
We may update the content on this App from time to time, but its content is not necessarily complete or up-to-date. Any of the material, including the Listings, on the App may be out of date at any given time, and we are under no obligation to update such material, except as provided for in our agreements with Breeders.
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 App thereafter.
If you disagree with the revised Terms of Use, you may terminate this Agreement with immediate effect by discontinuing access to and use of the App. Your continued use of the App following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes because they are binding on you.
Information About You and Your Visits to the App
All information we collect on the App is subject to our Privacy Policy http://www.getpenned.com/privacypolicy/. By using the App, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Links from the App
The App may contain links to Breeder websites or resources (“Breeder Sites”). Such Breeder Sites may be subject to different terms and conditions and privacy practices. We are not responsible or liable for the availability or accuracy of such Breeder Sites, or the content, products, or services available from such Breeder Sites. Links to such Breeder Sites are not an endorsement by us of such Breeder Sites. If you decide to access any of the Breeder Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such Breeder Sites.
Geographic Restrictions
We are based in the State of Nebraska in the United States. We make no claims that the App or any of its content is accessible or appropriate outside of the United States. Access to the App may not be legal by certain persons or in certain countries. If you access the App 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 App 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 App 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 EQUIPMENT, DEVICE PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE APP AND ITS CONTENT IS AT YOUR OWN RISK. THE APP AND ITS CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER BULLPEN NOR ANY PERSON ASSOCIATED WITH BULLPEN MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE APP. WITHOUT LIMITING THE FOREGOING, NEITHER BULLPEN NOR ANYONE ASSOCIATED WITH BULLPEN REPRESENTS OR WARRANTS THAT THE APP OR ITS CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR APP OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, BULLPEN 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 BULLPEN, ITS AFFILIATES, OR ITS 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 APP, ANY CONTENT ON THE APP, 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 BullPEN, 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 App, including, but not limited to, any use of the App’s content other than as expressly authorized in these Terms of Use, or your use of any information obtained from the App.
Governing Law and Jurisdiction
All matters relating to the App 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 Nebraska without giving effect to any choice or conflict of law provision or rule (whether of the State of Nebraska or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Nebraska, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the App, 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 Nebraska law.
Waiver and Severability
Our waiver of any term or condition set out in these Terms of Use shall not be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure 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 these Terms of Use will continue in full force and effect.
Entire Agreement
These Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and BullPEN regarding the App and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the App.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to the App should be directed to: glenda.bullpen@gmail.com.
BullPEN 