In these Terms following terms have the following meanings:
“Chargeback” a bona fide demand by a credit-card provider for Cummins Cowgirl LLC to make good the loss the credit card provider has incurred because the User has without justification disputed a purchase for which the User paid for using the User’s credit card;
“Creator” a Cummins Cowgirl User who uploads Content on the Website to be viewed or consumed by other Users;
“Commission” the amount calculated as a percentage of the Revenue paid by subscribers to view a Creator’s User Content or to use the Fan Interaction;
“Incentive Payment” the payments that are made by Cummins Cowgirl LLC to Users who introduce new Users to the Cummins Cowgirl site, which shall be equal to 5% of all the Commission earned by the Referred User.
“Fans” a User who follows another Creator and views the Creator’s User Content;
“Fans Interaction” any functionality offered by a Creator as part of that Creator’s User Content which is hosted by Cummins Cowgirl which allows a Fan to interact with (as opposed to just view) the User Content and or the Creator.
“Cummins Cowgirl” the social network of Users operating on the Website which enables Users to provide and view User Content and where appropriate, utilize Fan Interaction;
“Payment Provider” any third party approved by Cummins Cowgirl LLC which enables a User to make payments or a Creator to receive payouts;
“Payout Options” the instruction given by each Creator to a Payment Provider as to how Commission will be transferred by the Payment Provider to the Creator;
“Refund” the return of monies to a Fan after a bonafide dispute, often issued prior or during a chargeback claim;
“Revenue” the money paid by a Fan to Cummins Cowgirl LLC to view User Content or to use Fan Interaction;
“User” any user of the Website, whether a Creator or a Fan;
“User Content” any photos, videos, documents, mp3, and other material uploaded onto the Website by a Creator;
“Website” the website at cumminscowgirl.com
1.1 Cummins Cowgirl accessed at Cummins Cowgirl APP is a social media website/application and application service that allows users to upload content, photos, and videos to their profile, setting a monthly subscription fee/price and therefore earning money from any paying subscribers (“Fan”). Cummins Cowgirl is operated by Cummins Cowgirl LLC. Cummins Cowgirl LLC is governed by the laws of the state of California
1.3 This Website is offered and available to users who are 18 years of age or older. By using this website and service you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must NOT access or use the premium service in any way. Deactivate your account or contact our support team to assist you with deactivation.
1.4 We reserve the right to make changes to these Terms at any time and our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. By continuing to use Cummins Cowgirl, you agree to these Terms as modified. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
1.6 We do NOT own user/creator generated content on Cummins Cowgirl and views expressed by creators/users on Cummins Cowgirl do not represent the views of Cummins Cowgirl LLC. All User Content transactions and interactions on Cummins Cowgirl are between Users and at no point does Cummins Cowgirl LLC become a party to any transaction or interaction between Users.
1.7 We reserve all the rights within our sole discretion at any time and without notice to:
- 1.7.1 modify, suspend or terminate Cummins Cowgirl or any portion thereof;
- 1.7.2 restrict, limit, suspend or terminate your access to Cummins Cowgirl or any portion thereof;
- 1.7.3 It is within our sole discretion to delete any content you post on Cummins Cowgirl that does not comply with these Terms and/or applicable law;
- 1.7.4 monitor your use of Cummins Cowgirl (including any content or message you post or broadcast on Cummins Cowgirl) to verify compliance with these Terms and/or any applicable law;
- 1.7.5 investigate any suspected or alleged misuse or unlawful use of Cummins Cowgirl and cooperate with law enforcement in such investigation;
- 1.7.6 disclose information about your use of Cummins Cowgirl in connection with law enforcement investigation of any suspected or alleged illegal activity, or response to a lawful court order; or
- 1.7.7 change the payment or payout processor that enables you to make or receive payments as a User.
1.8 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users.
2. How It Works
2.1 Cummins Cowgirl is a social media platform that lets you create a User profile, which in turn allows you to:
- 2.1.1 upload and post photos and videos for access by your followers; and/or
- 2.1.2 subscribe to another User’s profile to view their otherwise restricted photos and videos.
2.2 The term “User” refers to all users, whether using the Website/service to earn money or to subscribe to others.
2.3 The term “User Content” means any media uploaded by Users (content creators.)
3. Account Registration
3.1 To register and create an account on Cummins Cowgirl, you must provide a valid email address, a username, and a password. It is a condition of your use of the service and Website that all the information you provide on the Website is correct, current, and complete.
3.3 If you are wanting to subscribe to other users’ profiles you will need to add a payment card to your account. When adding a payment card, your card information is stored by a payment processor, which is called Stripe; your card information will be stored by a different payment processor Stripe. However, Cummins Cowgirl reserves the right to change the payment processors it uses at any time and without notice to you. Cummins Cowgirl does not store any payment card information or your financial data. This information is secured with Stripe.
3.4 If you are wanting to earn money from other users subscribing and following your profile, you will need to add a bank account and upload a valid form of Identification. You may also need to submit additional legal information, such as a W-9 if you are resident in the United States of America (the exact information required will depend on your country). Your earnings will be paid into your bank account, via one of our payout processors or direct bank wire, Cummins Cowgirl does not store any bank account information or data, which is stored by our third-party payout processors/merchants.
3.5 By registering on Cummins Cowgirl, you confirm that:
- 3.5.1 all account registration, profile information, and content you provide is your information and the content is truthful and 100% accurate;
- 3.5.2 if you previously had an account with Cummins Cowgirl, your old account was not terminated or suspended by Cummins Cowgirl for violation of these Terms;
- 3.5.3 you will not use any third-party payment processors to accept payments for subscriptions or any other service, via Cummins Cowgirl;
- 3.5.3 you register on Cummins Cowgirl for your personal use and you will not sell, rent, or transfer your account to any third party;
- 3.5.4 Cummins Cowgirl reserves the right, at any time, to verify the information which you provide to us as well as your compliance with these Terms and to suspend or deactivate your account if it is unable to do so to its sole discretion.
3.6 You are fully responsible for any activities that occur on your account and you are responsible for keeping your login details confidential and secure. You agree not to disclose these details to any other person or entity and immediately notify us at firstname.lastname@example.org if you believe someone has used or is using your account without your permission or if your account has been subject to any other breach of security. You also agree to ensure that you log out of your account at the end of each use/session. You should use particular caution when accessing your account from a public or shared computer and/or internet network so that others are not able to access, view, or record your password, content, or other personal information.
3.7 We have the right to disable any user name, account, password, or another identifier, whether chosen by you or provided by us, at any time and at our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms. Cummins Cowgirl LLC holds all rights.
4. Subscriptions, Purchases, and Payment of Revenue
4.1 Cummins Cowgirl LLC will procure that Payment Providers ensure that Creators will receive the Commission from Cummins Cowgirl LLC with the difference between the Revenue and Commission being the management, processing, or other platform fees (which will include Incentive Payments) levied by Cummins Cowgirl LLC and payments due to the Payment Providers. The Commission will be 80% of the Revenue generated by subscribers/fans paying to view User Content uploaded by you or fan Interactions.
4.2 To view User Content or utilize Fan Interactions and features on the Cummins Cowgirl platform, users MUST first register an account, read and agree to the Terms Of Service, then add a payment card to their account, and then click the ‘Subscribe’ button on the relevant Creator’s profile. Your payment card details will be passed to a Payment Provider which will take payment from your payment card and pay it into the Cummins Cowgirl account.
4.3 Depending on your use of Cummins Cowgirl the Payment Provider will take monthly payments or will take payments for purchases such as Fan Interaction. However, you may cancel the monthly payments at any time by selecting cancel subscription inside the “Manage account” section on your dashboard. If you cancel your monthly payments you will continue to be permitted to view the Creator’s User Content until the end of the existing billing period, after which no further payments will be taken from your payment card and you will no longer be able to view the relevant Creator’s User Content or engage with the creator with the platform’s functionality.
4.4-4.8 Cummins Cowgirl LLC receives the Revenue and holds the Commission on behalf of the relevant Creator, and not on your behalf as a Fan. Once Cummins Cowgirl LLC has received payment from you as a Fan you have no further liability to the relevant Creator and the Creator can allow you as a Fan to view their User Content or utilize Fan Interactions and functionality.
4.9 Cummins Cowgirl LLC will take payment of the Revenue from the Fan and hold the Commission in Cummins Cowgirl capacity as the agent platform for the Creator.
5.1 ALL PURCHASES MADE ON AND THROUGH the Cummins Cowgirl platform ARE FINAL AND NOT REFUNDABLE Users are entitled to cancel any subscription they choose, for any reason, at any time they choose, thereby ensuring that they will not be billed again for the subscription in the future.
Cancelling your subscription is convenient and can be easily done through multiple methods.
– Option A) Inside the “Manage Subscription” section.
– Option B) Contacting our team on the Cummins Cowgirl platform in the “Contact Us” section
– Option C) Inside the searchable FAQ’s section under “Cancel Account”
– Option D) Submitting a ticket via the “Training” page inside the user dashboard
5.2 However, any purchase made on Cummins Cowgirl by users and subsequently subject to a charge-back will result in the User’s account being immediately and permanently excluded from using the Cummins Cowgirl platform. We reserve the right to limit, ban, or deactivate any user’s account per our sole discretion.
The Refund or Chargeback amount may be removed from the earning Creator’s income. The Creator may be alerted to the Fan Refund or Chargeback.
7. Account Deactivation
7.1 Should you wish to deactivate your Cummins Cowgirl account, please contact Cummins Cowgirl customer support at email@example.com to submit your deactivation request. We will deactivate your account within 7-10 working days after receiving your request. You can also deactivate your account from inside your user profile settings. In-app/service deactivation occurs within 7-10 working days.
8. Intellectual Property Rights
8.1 Other than User Content, the Website/service 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 us, our licensor(s), or other providers of such material and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
8.2 You must NOT reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on the Website, except as follows:
- 8.2.1 your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- 8.2.2 you may store files that are automatically cached by your Web browser for display enhancement purposes; and
- 8.2.3 you may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
8.3 If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website/service content in breach of the Terms, your rights to use the Service/Website will stop immediately and you must, at our discretion, return or destroy any copies of the materials you have made.
8.4 Other than User Content, no right, title, or interest in or to the Service/Website or any content on the Service/Website is transferred to you, and all rights not expressly granted are reserved by us. Any use of the service not expressly permitted by these Terms may be a breach of these Terms and may violate copyright, trademark, and other laws.
8.5 The Cummins Cowgirl name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of ours or our affiliate partners or licensor(s). You must not use such marks without our prior written and signed permission. All other names, logos, products, and services names, designs, content, and slogans on the Website are the trademarks of their respective owners.
9.1 Subject to all of the terms, conditions, limitations, and restrictions contained in these Terms, we grant to you a conditional, revocable, non-transferable, non-sublicensable, non-exclusive, and limited license to use our service/website for your own lawful and personal use only. You acknowledge and agree that the foregoing license may be revoked and terminated by us at any time and for any reason (including, without limitation, if you violate these Terms or any applicable law). Any use of Cummins Cowgirl other than as expressly permitted by these Terms is strictly prohibited. All rights not expressly granted herein are reserved by us.
9.2 We do not warrant that Cummins Cowgirl is compatible with all devices and operating systems. It is your sole responsibility to determine whether or not Cummins Cowgirl is compatible with your electronic devices. From time to time we may make updates to Cummins Cowgirl and will make such updates available through the website and software services.
10. Acceptable Use
10.1 We require that all Users respect and comply with these Terms below, at all times, when using Cummins Cowgirl.
10.2 You may not make a post(s) or upload(s) that contain explicit content or pornography and:
- 10.2.1 use Cummins Cowgirl other than for your own lawful and personal use by these Terms;
- 10.2.2 impersonate us, one of our employees, another User, or any other person or entity or falsely state, suggest, or otherwise misrepresent affiliation, endorsement, sponsorship between you and any other person or entity;
- 10.2.3 falsify account registration information or make unauthorized use of another’s information or content;
- 10.2.4 use Cummins Cowgirl in any manner or for any purpose that is illegal or unlawful, including engaging in any activity that violates any lawfully recognized right of any person or entity;
- 10.2.5 copy, reproduce, distribute, modify, or create derivative works from, any portion of Cummins Cowgirl without our express written permission;
- 10.2.6 use Cummins Cowgirl to depict a minor sexually or suggestively, or exploit, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
- 10.2.7 transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter”, “spam”, or any other similar “spam” methods;
- 10.2.8 engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or Users of the Service/Website or expose them to any liability;
- 10.2.9 create, upload, post, display, publish, or distribute User Content that:
(a) in our sole discretion is obscene, illegal, fraudulent, defamatory, libellous, hateful, discriminatory, threatening or harassing, or in any way incites violence or any of the aforementioned prohibitions;
(b) violate another’s copyright, trademark, right of privacy, right of publicity, or other property or personal right (for example, using the name, likeness, image, or other identities of another without proper consent);
(c) promotes or advertises adult or erotic escort services;
(d) promotes or advertises firearms or other weapons, tobacco, drugs, or drug paraphernalia;
(e) advocates or promotes any illegal activity, or advocates, promotes, or assists any unlawful act;
(f) in our sole discretion causes annoyance, inconvenience, or needless anxiety or is likely to upset, embarrass, alarm, or bother any other person;
(g) involves in such things as contests, sweepstakes, and other sales promotions, barter, gambling, or advertising;
(h) gives the impression that it emanates from or is endorsed by us or any other person or entity if this is not the case;
(i) Promotes pornography
- 10.2.10 within our sole discretion act in an abusive manner towards any other user or employee of the Website;
- 10.2.11 remove, erase, modify or tamper with any copyright, trademark, or other proprietary rights notice that is contained in any User Content that you do not own;
- 10.2.12 in our sole discretion use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service / Website, including their ability to engage in real-time activities through the Service/Website;
- 10.2.13 decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive the source code of the Cummins Cowgirl service;
- 10.2.14 interfere in any way with the operations of Cummins Cowgirl or any server, network, or system associated with Cummins Cowgirl, including, without limitation: hacking, mail-bombing, flooding, overloading, DDoS attacks, or making “denial of service” attacks; probing, scanning, or testing the vulnerability of the app or any server, network or system associated with the service/app; breaching or circumventing firewall, encryption, security or authentication routines; accessing backend code information not intended for you, or accessing another user’s account that you are not expressly authorized to access;
- 10.2.15 use Cummins Cowgirl for any unauthorized purpose, including, without limitation, for purposes of building a competitive product or service, monitoring the app’s availability, performance or functionality, or for any other competitive purposes;
- 10.2.16 use any automated program, tool, or process (including without limitation, web crawlers, robots, bots spiders, and automated scripts) to access Cummins Cowgirl or any server, network, or system associated with Cummins Cowgirl, or to extract, collect, harvest, or gather content or information from Cummins Cowgirl; or
- 10.2.17 make any other use of Cummins Cowgirl that violates these Terms or any applicable law.
10.3 Any content posted that is reported by another User or Cummins Cowgirl, and that is deemed unacceptable by Cummins Cowgirl, will be deleted and the User notified via email. Users who repeatedly violate our Acceptable Use Policy may be deactivated. If we become aware that a Cummins Cowgirl User is underage, we will promptly deactivate that User’s account and delete all information and content of that User from Cummins Cowgirl. If you are a parent or legal guardian and become aware that your minor-child has registered on Cummins Cowgirl, please immediately notify us at Cummins Cowgirl and deactivate your minor’s account.
10.4 We do not allow images of unaccompanied minors, as you must be over the age of 18 to use Cummins Cowgirl. If you post photos of your children, please make sure that you are in the photo as well. If you see a profile that includes an unaccompanied minor, please report it immediately.
10.5 By registering an account with Cummins Cowgirl, you represent and warrant that:
- 10.5.1 you are at least 18 years of age;
- 10.5.2 you will fully comply with these Terms;
- 10.5.3 you accept full responsibility for the use of Cummins Cowgirl on any device, whether or not it is owned by you;
- 10.5.4 you accept full responsibility for any User Content created or provided by you; and
- 10.5.5 your use of Cummins Cowgirl will not violate these Terms or any applicable law.
10.6 If you are using Cummins Cowgirl on behalf of a business or other entity, you warrant that you are authorized to grant all the licenses stipulated in these Terms and that you are authorized to bind the business or other entity to these Terms.
11. User Content
11.1 By creating and publishing User Content on Cummins Cowgirl, you authorize your Fans to access and view (without downloading or copying) your User Content on Cummins Cowgirl for their own lawful and personal use. You also represent, warrant, and undertake that:
- 11.1.1 you own, have a valid license to, or otherwise control all rights in and to your User Content and posts;
- 11.1.2 to the extent your User Content includes or utilizes any third-party property, you have secured all rights, licenses, consents, and releases that are necessary for the use of such third-party property in your User Content; and
- 11.1.3 your User Content is non-confidential and will be made available to your subscribers and Followers on Cummins Cowgirl.
11.2 You grant us and our licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such user-generated content material.
11.3 You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
11.4 You shall indemnify us, our licensees, successors, and assigns against all liabilities, costs, expenses, damages, and losses (including any direct, indirect or consequential losses, loss of profit, loss of reputation, and all interest, penalties, and legal costs (calculated on a full indemnity basis) and all other reasonable professional costs and expenses suffered or incurred arising out of or in connection with your User Content or posts.
11.5 We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Cummins Cowgirl Service or Website.
11.6 Upon signing up to the Cummins Cowgirl platform, you also agree to act as the custodian of records for the content that you upload to the Cummins Cowgirl site.
11.7 Any questions regarding User Content can be addressed by emailing www.cumminscowgirl.com at firstname.lastname@example.org
12.1 To comply with the U.S. Digital Millennium Copyright Act (Title 17, United States Code) (“DMCA”), we will respond to proper notifications of claimed copyright infringement and will take appropriate action including removing or disabling access to the allegedly infringing User Content and, if deemed appropriate by Cummins Cowgirl, terminating the account of the User who published the content.
12.2 To notify us of claimed copyright infringement, please contact our customer support team by email at Cummins Cowgirl or using the in-service “report” feature.
12.3 Under the DMCA, a notification of claimed copyright infringement must include all of the following:
- 12.3.1 a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- 12.3.2 identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works are covered by a single notification, a representative list of such works;
- 12.3.3 identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- 12.3.4 information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
- 12.3.5 a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- 12.3.6 a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
12.4 If we remove or disable access to your Content in response to a DMCA notification of claimed copyright infringement, we will make reasonable efforts to notify you, and you may make a counter-notification.
12.5 A DMCA counter-notification must include all of the following:
- 12.5.1 your physical or electronic signature;
- 12.5.2 identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- 12.5.3 a statement by you, under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and your name, address, and telephone number, and a statement that you consent to the jurisdiction of which you are located and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
12.6 If we receive a proper counter-notification from you, we will notify the party alleging copyright infringement and will reinstate your User Content that was removed or disabled within 15-60 business days following our receipt of your counter-notification unless the party alleging copyright infringement notifies us first that it/he/she has filed a court action against you.
12.7 Please note that, under the DMCA, any person who knowingly makes material misrepresentations in a notification of claimed infringement or a counter-notification may be liable for damages.
13. Linking to the Website and Social Media Features
13.1 within our sole discretion you may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part.
13.2 The Website may provide certain social media features that enable you to:
- 13.2.1 link from your own or certain third-party websites to certain content on the Website;
- 13.2.2 send emails or other communications with certain content, or links to certain content, on the Website;
- 13.2.3 cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
13.3 You may use these features solely as they are provided by us, solely concerning the content they are displayed with. However, you must not:
- 13.3.1 establish a link from any website that is not owned by you;
- 13.3.2 cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing deep linking, or in-line linking;
- 13.3.3 link to any part of the Website other than the homepage; or
- 13.3.4 otherwise take any action concerning the materials on this Website that is inconsistent with any other provision of these Terms.
13.4 You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
13.5 We may disable all or any social media features and any links at any time without notice at our discretion.
14. Links from the Website
14.1 If the Website 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, without limitation, 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 linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
15. Referral Program
15.1 Every user with a Cummins Cowgirl account has a unique referral URL that allows users to earn income from any other user who signs up via their referral link. To ensure the referral is successful, the new user must register with Cummins Cowgirl using the same browser that they used to click the referral link. More information on how the Referral Program works can be found on the Cummins Cowgirl platform
15.2 Cummins Cowgirl pays Users who refer other Users 5% of all total income earned by the referred User and the payment of this referred income is processed on the first calendar business day of each month. This referral income is deducted from the Cummins Cowgirl fee and not from the income of the referred User.
15.3 For a User to be successfully added to another User’s referral program, that user must sign up to Cummins Cowgirl via a unique referral URL. In no event will Cummins Cowgirl be liable to add a user to a referral account if that user has not signed up via the correct referral link.
15.4 Users may not use Google Ads to impersonate Cummins Cowgirl to refer to other Users.
16. Disclaimer of Warranties; Limitations of Liability
By using Cummins Cowgirl, you acknowledge and agree as follows:
- 16.1.1 Cummins Cowgirl and all of its services and features are provided without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim any warranties, express or implied, concerning Cummins Cowgirl and all of its services and features, including, and without limitation, implied warranties of merchantability and fitness for a particular purpose. We do not warrant or guarantee the accuracy, usefulness, completeness, or reliability of Cummins Cowgirl, or the results of your use of Cummins Cowgirl. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Service/Website, or by anyone who may be informed of any of its contents. We also do not warrant or. guarantee that Cummins Cowgirl and all of its services and features will be available at any particular time or location; that Cummins Cowgirl and all of its services and features will be secure, uninterrupted, and error-free; that any defect or error will be corrected; or that Cummins Cowgirl and all of its services and features will be free of viruses and other harmful components. 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 site 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 computer or electronic equipment, computer programs, data, or other proprietary material due to your use of the Service/Website or any services or items obtained through the Service/Website or to your downloading of any material posted on it, or any website linked to it. Your use of Cummins Cowgirl and its services and features will be solely and entirely at your own risk and discretion. the foregoing does not affect any warranties that cannot be excluded or limited under applicable law;
- 16.1.2 Cummins Cowgirl does not warrant or guarantee that use of the Service/Website will be uninterrupted or error-free twenty-four hours a day, seven days a week, since Cummins Cowgirl may need to carry our maintenance of the Service/Website from time to time. However, Cummins Cowgirl will use its reasonable resources to carry out any such maintenance of the Service/Website outside of business hours (including between 09:00 and 17:00 (US EST) and will work diligently to give reasonable notice when possible, however, this may not always be possible;
- 16.1.3 in no event shall Cummins Cowgirl be liable under contract, tort, negligence, strict liability, or any other legal or equitable theory, for any indirect, incidental, exemplary, special, punitive, or consequential damages (including, and without limitation, loss of
use, profits, data or information, or loss of business goodwill or opportunity) arising out of or related to your use of (or your inability to use) Cummins Cowgirl or any of its services or features, nor shall Cummins Cowgirl be held liable in the event your User Content is illegally distributed by another User, however where such distribution does occur please contact us at Cummins Cowgirl as we are invested to help prevent the continuance of such distribution where we are reasonably able to do so.
- 16.1.4 in no event shall our total and aggregate liability to you and/or others for any claims arising out of or related to your use of (or your inability to use) Cummins Cowgirl or any of its services or features, exceed one dollar USD ($1.00). This does not affect any liability that cannot be excluded or limited under applicable law.
16.2 Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages or total liability, the above limitation may not apply to you. In such case, our total and aggregate liability to you arising out of or related to your use of (or your inability to use) Cummins Cowgirl or any of its services or features shall be limited to the maximum extent permitted by law or, if no amount is specified, one dollar USD ($1.00).
17. User indemnification
17.1 By using Cummins Cowgirl, you agree to indemnify and hold harmless us and our employees, agents, representatives, successors and assigns from and against any claims, demands, causes of action, actions, suits, proceedings, judgments, orders, damages, liabilities, losses, costs, and expenses (including, without limitation, reasonable attorneys’ fees and legal costs) arising out of or related to any of the following:
- 17.1.1 your use of Cummins Cowgirl or any of its services or features;
- 17.1.2 any User Content created, published, or otherwise made available on Cummins Cowgirl by you;
- 17.1.3 any transaction or interaction between you and any other User of Cummins Cowgirl; and/or
- 17.1.4 your violation of these terms or any applicable law.
18. Governing Law and Dispute Resolution
18.1 You and we agree that these Terms shall be governed by and construed by the laws of Indiana in The United States (without regard to the conflict of laws provisions thereof) and that any dispute between you and us concerning Cummins Cowgirl or arising out of or related to these Terms shall be resolved exclusively in the courts of Indiana in the United States.
18.2 Except where prohibited by applicable law, any claim or cause of action by you concerning Cummins Cowgirl or arising out of or related to these Terms must be filed within one year (12 months) after such claim or cause of action arose, or forever be barred.
19. Waiver and Severability
19.1 No waiver of any term or condition set out in these Terms 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 to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
19.2 If any provision of these Terms 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 will continue in full force and effect.
20. Entire Agreement
20.1 The Terms constitute the sole and entire agreement between you and us regarding the Website, services, and platform and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Service/Website.
If you have any questions, comments, complaints, or concerns about Cummins Cowgirl, please contact our support team at email@example.com