Please read the following Terms of Use ("Terms") carefully. They govern your use of the website www.cowhalloween.com (the "Site") of Cow, Inc. ("Cow"). By accessing this Site, you acknowledge and agree to be bound by the following Terms. They may be modified from time to time without notice by Cow, but they will be posted on this Site. If you do not agree to the following Terms, do not use this Site.

License and User Conduct

Cow grants you a limited license to access and make personal use of this Site. However, you may not download or modify the Site, or any portion of the Site, except with express written consent of Cow. This Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Cow. Any unauthorized use of the Site shall automatically terminate the license granted to you by Cow for such use.

You agree to abide by all applicable international, federal, state and local laws and regulations in your use of this Site. You agree that Cow may terminate your use of the Site in Cow's sole discretion for any reason.

Your are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You agree to immediately notify Cow of any unauthorized use of your password or account, or any other breach of security of which you become aware. If you are under eighteen (18) years of age, you may use the Site only with involvement of your parent or guardian. Cow reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.

You shall not access or attempt to access password protected, secure, or non-public areas of the Site, except with the authorization of Cow. Cow has no obligation to monitor the Site; however, you acknowledge and agree that Cow has the right to monitor the Site electronically from time to time and to disclose any information as necessary or appropriate to satisfy any law, regulation, or other governmental request, to operate the Site properly, or to protect itself or others.

You shall be solely responsible for your actions and the contents of your transmissions to the Site. You shall not transmit any materials or information to this Site that infringes on any copyright or other proprietary rights of any other person. You shall not impersonate any person or entity or falsely state or otherwise misrepresent your identity or affiliation with a person or entity. You shall not post or transmit: (i) any unlawful, fraudulent, libelous, defamatory, obscene, pornographic, profane, threatening, abusive, or otherwise objectionable information of any kind, including without limitation any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, state, national or foreign law; (ii) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or schemes or other unsolicited commercial or non-commercial communication except as otherwise expressly permitted by Cow; or (iii) any information or software which contains a virus, trojan horse, worm, or other harmful component.

Copyrights and Trademarks

Except as otherwise noted on this Site, all information, documentation, and other content posted on this Site are the property of Cow, its affiliates, its licensors, and/or its affiliates' licensors. The graphics, icons, and overall appearance of this Site are the property of Cow. The posting of information, documentation, and other content does not constitute a waiver of any of Cow's, an affiliate's, and/or a third party licensor's proprietary rights in such information, documentation, and other content (such as, but not limited to, copyrights or trademarks) or a transfer of any such rights to you or any third party. The information, documentation, and other content posted on this Site are protected by U.S. and international copyright laws, both as individual works and as collections. You agree not to delete any copyright or similar notice from any information, documentation, and other content you obtain from this Site. You may not sell, republish, frame in another webpage, or use on another website, any of the information, documentation, and other content, or any portion thereof, posted in or on this Site without the prior written consent of Cow. You may view, print, copy, and download portions of the information, documentation, and other content of this Site solely in connection with your use of the Site, and solely for your own individual, internal, non-commercial use or records. Cow and its affiliates reserve the right to revoke this authorization at any time. The COW mark, the COW logo, and other names of products and services referenced herein are trademarks of Cow. All other products, services, and company names mentioned herein are the trademarks of their respective owners. Links This Site may contain links to other external sites. The links are provided "as is." You should be aware that you use them at your own risk. Cow does not endorse, and Cow is not liable for any content, products, services, software or other materials available on such other sites, even if a page or pages of the other sites are framed with a page of this Site. Cow is not responsible for the privacy practices or the content of other sites. For your protection, please refer to the terms of service and privacy policies of the respective sites. You acknowledge, understand and agree that Cow shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on such other sites. Cow shall not be liable for any errors or delays in the content, goods or services available on such other sites, or for any actions taken or not taken in reliance thereon.

Correction of Errors and Inaccuracies; Limitations on Quantity; Risk of Loss

The information on this Site may contain typographical errors or inaccuracies and may not be complete or current. Cow therefore reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). Please note that such errors, inaccuracies or omissions may relate to product description, pricing and availability. Cow also reserves the right to limit quantities (including after you have submitted your order). Cow apologizes for any inconvenience this may cause you. The risk of loss and title to items purchased from Cow pass to you upon Cow's delivery to the carrier. If you are not fully satisfied with your purchase you may return it with the original packing receipt within 14 days from the date of receipt. Additional restrictions apply. Please see Cow's Return Policy for more details.

Pricing Policy

While Cow strives to provide accurate product and pricing information, pricing or typographical errors may occur. Cow cannot confirm the price of an item until after you order. In the event that an item is listed at an incorrect price or with incorrect information due to an error in pricing or product information, Cow shall have the right, at its sole discretion, to refuse or cancel any orders placed for that item. In the event that an item is mispriced, Cow may, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Disclaimer of Warranties

TO THE EXTENT PERMITTED BY APPLICABLE LAW, THE SITE AND THE SERVICE ARE PROVIDED "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. COW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED, ERROR FREE, OR VIRUS FREE, OR THAT THE SITE WILL MEET YOUR REQUIREMENTS. ANY INFORMATION OBTAINED THROUGH THE SITE HAS NOT BEEN VERIFIED, AND COW DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT SUCH INFORMATION IS ACCURATE, COMPLETE, RELIABLE, OR OTHERWISE VALID. COW DOES NOT ENDORSE OR RECOMMEND, AND EXPRESSLY DISCLAIMS LIABILITY FOR, ANY PRODUCT, MANUFACTURER, DISTRIBUTOR, SERVICE OR SERVICE PROVIDER MENTIONED ON THE SITE.

COW DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTY OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM A COURSE OF DEALING, TRADE USAGE, OR TRADE PRACTICE. THESE DISCLAIMERS APPLY TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF COW'S RECORDS OR INFORMATION, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR ANY OTHER CAUSE OF ACTION.

Limitation of Liability

YOU ACKNOWLEDGE THAT YOU ARE 18 YEARS OF AGE, OR OLDER, OR THAT YOU ARE ONLY USING THE SITE UNDER THE SUPERVISION OF YOUR PARENT OR GUARDIAN. YOU ACKNOWLEDGE AND AGREE THAT USE OF THE SITE IS AT YOUR SOLE RISK. YOU ACKNOWLEDGE THAT INFORMATION TRANSMITTED THROUGH THE INTERNET IS NEVER COMPLETELY SECURE. NEITHER COW, NOR ANY OF COW'S EMPLOYEES, AFFILIATES, AGENTS, REPRESENTATIVES, OR LICENSORS (COLLECTIVELY, "COW ASSOCIATES") SHALL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY COMPENSATORY, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR ATTORNEYS' FEES, OR FOR LOST DATA OR LOST PROFIT, ARISING OUT OF YOUR USE OF THE SITE OR INABILITY TO GAIN ACCESS TO OR USE THE SITE OR OUT OF ANY BREACH OF ANY WARRANTY, EVEN IF COW OR A COW ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE FORESEEABLE.

YOUR SOLE RIGHT AND REMEDY WITH RESPECT TO ANY DISPUTE WITH COW OR ANY COW ASSOCIATE IS TO STOP USING THE SITE. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF THE FOREGOING LIMITATIONS ARE UNENFORCEABLE, YOU AGREE THAT COW'S LIABILITY TO YOU UNDER THESE TERMS SHALL NOT EXCEED THE LESSER OF (A) THE AMOUNTS PAID BY YOU TO COW OR A COW AFFILIATE IN THE THREE (3) MONTHS PRIOR TO THE ACCRUAL OF ANY SUCH CLAIM, OR (B) $500.00.

THE SITE IS CONTROLLED, OPERATED AND ADMINISTERED BY COW FROM ITS OFFICES WITHIN THE UNITED STATES. COW MAKES NO WARRANTY OR REPRESENTATION THAT MATERIAL AVAILABLE THROUGH THE SITE IS LEGAL, APPROPRIATE, OR AVAILABLE FOR USE OUTSIDE THE UNITED STATES. IF YOU ACCESS THE SITE FROM A LOCATION OUTSIDE THE UNITED STATES, YOU ARE RESPONSIBLE FOR COMPLIANCE WITH ALL APPLICABLE LAWS, AND COW ACCEPTS NO RESPONSIBILITY FOR SUCH ACCESS.

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS COW AND THE COW ASSOCIATES, FROM AND AGAINST ANY CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ALL COSTS OF LEGAL PROCEEDINGS AND ATTORNEYS' FEES, ARISING IN CONNECTION WITH USE OF THE SITE BY YOU, OR IN CONNECTION WITH A VIOLATION OR BREACH OF THESE TERMS BY YOU, INCLUDING WITHOUT LIMITATION, YOUR VIOLATION OF ANY LAWS GOVERNING COMMUNICATIONS OR INTELLECTUAL PROPERTY.

YOU ACKNOWLEDGE AND AGREE THAT ANY AND ALL DISCLAIMERS IN THESE TERMS AND THE PROVISIONS OF THESE TERMS REFLECT A FAIR AND REASONABLE ALLOCATION OF RISK BETWEEN COW AND YOU.

Privacy Policy

Cow respects and is committed to your privacy. Please review our Privacy Policy, which also governs your visit to Site, to understand Cow's practices.

Notices

Where required, Cow may give notice to you by a general posting on the Site, by electronic mail, or by conventional mail to your address of record. You may give notice to Cow by electronic mail or by conventional mail to the address below. If you have any questions about these Terms, the practices of the Site, or your dealings with Cow, please e-mail or write to:

Cow, Inc.
3479 S. Kentucky Avenue
Indianapolis, Indiana 46221
E-mail: customerservice@cowhalloween.com
Cow welcomes your questions and comments.

Laws and Regulations

Except to the extent that federal law may govern, these Terms and your access to and use of this Site are governed by, interpreted, construed, and enforced in accordance with the laws of the State of Indiana, USA, without reference to its conflict of law provisions. You agree to submit to the personal and exclusive jurisdiction and venue of the courts located within Marion County, Indiana, USA, in the event of any dispute arising under these Terms or arising out of your use of this Site, and waive any future right to object to such jurisdiction and venue.

The failure of Cow to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms shall remain in full force and effect. The headings used in these Terms are for convenience only and such headings are not to be used in determining the meaning or interpretation of these Terms. Nothing in these Terms shall be construed to establish a joint venture, agency, employment, or other business relationship between you and Cow. You shall have no right to assign all or any part of these Terms, and any attempt to do so shall be void. Cow shall have the right to assign these Terms and to sublicense any and all of its rights under these Terms.

These Terms, including any documents referenced herein, represents the entire understanding between you and Cow regarding your relationship with Cow and your use of the Site. These Terms shall not be construed against any party by reason of its preparation, but shall be resolved by applying the most reasonable interpretation under the circumstances, giving full consideration to the intentions of the parties at the time of contracting. These Terms supersede all previous written or oral agreements between you and Cow with respect to such subject matter. Notwithstanding any provisions of these Terms, Cow has available all remedies at law or equity to enforce these Terms.