Terms of Use

By accessing this web site and any materials presented herein (the “Site”), you accept in their entirety the following terms and conditions pertaining to the use of the Site. Upward Cattle Co. LLC (“Upward Cattle Co.”) and its affiliates reserve the right to change the terms, conditions and notices under which this Site is offered without notice at any time. Each use of the Site constitutes your agreement to be bound by the then-current terms and conditions set forth in these Terms of Use.

RESTRICTIONS ON USE

Except as specifically permitted below, nothing contained in these Terms of Use or the Site itself either grant or will be construed to grant to you or any third party any title or interest in, or any license or right to use or reproduce, any image, text, software, code, trademark, logo or service mark contained in the Site, including without limitation the name or logo of Upward Cattle Co. or any of its affiliates. Upward Cattle Co. reserves, and will enforce to the fullest extent possible, all rights that it may have with respect to copyright and trademark ownership of all material contained in the Site.

Upward Cattle Co. grants you a limited, nonexclusive license to display and otherwise use portions of the Site solely for your own private, non-commercial purposes only, and to print pages from the Site only in connection with that use. You may not modify, distribute, transmit, perform, reproduce, publish, license, create derivative works from, transfer or sell any text, graphics, logos and other source-identifying symbols, designs, icons, images, or other information, software or code obtained from the Site.

LINKS TO THIRD PARTY WEB SITES

Upward Cattle Co. is not responsible for any content of the web sites that may be linked to the Site. Upward Cattle Co. is not responsible for the privacy practices of such other web sites. Your linking to or use of any off-site pages or other web sites is at your own risk. Upward Cattle Co.’s inclusion of links to other web sites does not imply any endorsement of the material located on or linked to by such web sites.

NO WARRANTY

Upward Cattle Co., and its respective officers, directors, principals, agents and employees make no representations or warranties, express or implied, regarding the accuracy, reliability, completeness, suitability or other characteristics of the information and materials contained on or presented through the site. Any content of the site is subject to change without notice. All such information and materials are provided “as is”, without any warranty of any kind. Upward Cattle Co. hereby further disclaims all warranties and conditions with regard to such information and materials, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title, non-infringement and availability.

LIMITATION OF LIABILITY

In no event shall Upward Cattle Co., and its respective officers, directors, principals, agents and employees be liable for any claims, liabilities, losses, costs or damages, including direct, indirect, punitive, incidental, special or consequential damages, arising out of or in any way connected with (i) the use of or inability to use the site or with any delay in using the site, or (ii) any information and materials obtained through the site, or (iii) otherwise arising out of the use of the site; in any case whether based on theories arising in contract, tort, strict liability or otherwise. Such limitations apply even if Upward Cattle Co. or any of its respective officers, directors, principals, agents or employees have been advised of the possibility of damages.

GENERAL

You represent that you are at least 18 years of age, of legal age to form a binding contract, and not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.

The internal laws of the State of Texas govern these Terms of Use, without reference to their conflicts of law provisions. You consent to the jurisdiction of, and venue shall lie in, any federal or state court located in Texas, U.S.A., as the exclusive jurisdiction and venue for the adjudication of all disputes arising out of or relating to the use of the Site. Except with regard to requests pertaining to personal information any notice to Upward Cattle Co. shall be given in writing and sent by registered mail to Upward Cattle Co., 9121 Elizabeth Road, Suite 109, Houston, TX 77055.