Terms and Conditions

Terms & Conditions, Privacy, and Cookies

Terms and Conditions, Privacy, and Cookies
Last updated 4/22/22

TERMS AND CONDITIONS

AGREEMENT TO TERMS

These Terms and Conditions constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Cowgirl Artists of America (“Company,” “we,” “use,” “our” or “CGA”), concerning your access to and use of CGA’s website and any other media form, channel, mobil website or mobil application related, linked or otherwise connected thereto (collectively, the “site”). You Agree that by accessing the Site, you hae read, understood, and agree to be bound by all the Terms of Use. If you do not agree with all of these terms of use, then you are expressly prohibited from using the site and you must discontinue use immediately.

Supplemental terms and conditions or documents may be posted from time to time and are hereby incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modification to these Terms of Use at any time and for any reason. We sill alert you to any changes or modification in the “last updated” date. Ensure you have checked the applicable Terms every time you use our site. You will be subject to updated terms.

This Site and information therein is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or would subject us to any registration requirement within such jurisdiction or country. If you access this site from such a location you do so solely on your own initiative and are solely responsible for compliance with applicable local laws.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. CGA provides a community of support based on personal experiences and perspectives. The information contained on this Website and the resources available for download through this Website, and CGA's other media platforms are not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
CGA is an enthusiastic supporter of accessing mental health experts and medical professionals. Any discussion or writing on health is based on personal experiences and perspectives and are not intended to substitute or stand in as an authority on mental health or medical advice.

Information provided by visitors to podcasts and meetings, or guest writers are the opinions of that person and their participation should not be seen as CGA's endorsement of their opinions and beliefs.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise stated, the Site is our proprietary property and all content therein are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions.

No part of the site or it’s contents are to be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any purpose whatsoever, without the express prior written permission from CGA.

Provided you are eligible to use the Site, you are granted a limited license to access and use the Site and any items you have paid for solely for your personal, non-commercial use. CGA reserves all rights not expressly granted to you in and to the Site and it’s contents.

USER REPRESENTATIONS

By using the Site, you represent and warrant that: (1) you have the legal capacity and you agree to comply with these Terms and Conditions; (2) you are not a minor in the jurisdiction in which you reside; (3)you will not use the Site for any illegal or unauthorized purposes (4) your use of the Site will not violate applicable laws or regulations.

PROHIBITED ACTIVITIES

You may not use this Site for any commercial endeavor except what is approved by CGA.
You agree not to:
    *Compile or collect data
    *Attempt to trick or mislead us or users for any reason
    *Circumvent, disable, or otherwise interfere with security-related features of the site
    *Disparage or harm, in our opinion, us and/or the Site
    *Use information obtained from the Stie in order to harass, abuse, or harm another person.
    *Upload or transmit (or attempt to do such) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site.
    *Delete the copyright or modify in any way any CGA media, product, or resource.
    *Attempt to impersonate another user in any way.
    *Harass, intimidate, or threaten any of our employees, agents, or members.
    *Use the Site or any part of the site, resources, media, or materials in an attempt to compete with CGA.

USER GENERATED CONTRIBUTIONS

When you create or make available any Contributions, you thereby represent and warrant that:
    *The creation, distribution, transmission, public display, or performance, and the accessing, downloading or copying of your Contributions do not and will not infringe on the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
    *You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and and our representatives to use in any manner set for in the Site and Terms and Conditions. CGA will make every attempt to accurately cite creators. If we have not done so it is your job to let us know via email so we can attempt to rectify lack of citation or credit to our contributors.
    *You have written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use their name or likeness.
    *You make every effort to verify facts and accuracy. Your contributions are not false or misleading.
    *Your contributions are not obscene, violent, harassing, libelous, slanderous, or otherwise objectionable; determinations made at our discretion.
    *You do not mock, ridicule, disparage, intimidate, or abuse anyone.
    *Your contributions do not violate any applicable law, rule, or regulation; including privacy and publicity rights of any third party.
    *Your contributions do not include any offensive comments connected to race, national origin, sexual preference, etc.

CONTRIBUTION LICENSE

You and the Site agree that we may access, store, process, edit, alter, and use any information and personal data that you provide. In accordance with our policies.

Artwork will not be edited by us, but when shared on social media platforms cropping may occur if you do not prepare your images for the specifications of each site. By submitting artwork you are granting us the rights to share your work on our social media platforms and website. We always credit artists. Additionally, artwork submitted may be utilized in promotional materials on our website and social media pages. In these instances, text may be added to your work. We will give you credit anytime we use your work for promotional purposes. We will not reproduce your work in any print form or any form in which we receive funds without your express permission.

By submitting suggestions, feedback, and reviews, you agree that we can use and share such feedback for any purpose without compensation to you.

Unless otherwise agreed upon, you will be given credit for contributions made for educational purposes, blog posts, workshops, classes, and meetups. If you chose to republish or reuse these materials a bi-line along the lines of “This article first appeared on Cowgirl Artists of America’s website,” or “This workshop was originally created in conjunction with Cowgirl Artists of America,” will be included in subsequent publications.

We are not liable for any statements or representations in your Contributions provided by you in any area of the Stie. You are solely responsible for your contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your contributions. You are responsible and accountable for any claim or legal action taken by a 3rd party in regards to your contributions.

SUBMISSIONS

Any questions, comments, suggestions, ideas, feedback, or other information regarding the Site provided by you to us are non-confidential and shall become our sole property. We will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial, or otherwise, without acknowledgement or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original to you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in you Submissions.

SITE MANAGEMENT

We reserve the right, but not the obligation to monitor the Site for violations of these Terms and Conditions, and take appropriate action, including termination of membership and access, and legal action (as we see necessary) based on violation of these terms. Should membership be terminated you forfeit all claims to membership and your information will be removed from membership lists and areas.

MODIFICATIONS, CHANGES, AND INTERRUPTIONS

We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion, without notice. We reserve the right to modify or change all or part of the Site without any notification at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site.

We cannot guarantee the Site will be available at all times, and necessary maintenance may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site. Nothing in these Terms and Conditions will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

GOVERNING LAW

These Terms and Conditions shall be governed by and defined following the laws of the State of California. You irrevocably consent that the courts of Mariposa County, California shall have exclusive jurisdiction to resolve any dispute which may arise in connection with these terms.

DISPUTE RESOLUTIONS

Restrictions

The Parties agree that any arbitrations shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitrations shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and © there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitrations

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitrations: (a)any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither party will elect to arbitrate andy Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

CORRECTIONS

There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

DISCLAIMER

The site is provided on an as-is and as-available basis. You agree that your use of the site and our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and yoru use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the Site and we will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials (2) personal injury or property damage, of any nature whatsoever, resulting form your access to and use of the site, (3) any unauthorized access to or use of Site or 3rd party services and/or any and all personal information and/or financial information stored therein (4) any interruption or cessation of transmission to or from the Site (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by a third party and/or (6) any errors or omissions in any content and material or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Stie, any hyperlinked website, or any website or mobil application featured in any banner or other advertising, and we will not be a party to or in any way responsible for monitoring any transaction between you and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

LIMITATION OF LIABILITY

In no event will we or our directors, employees, or agents be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of dada, or other damages arising from you ruse of the site, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the lesser of the amount paid, if any, by you to us. Certain US state laws and international laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you.

INDEMNIFICATION

You agree to defend, indemnify, and hold harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) use of the site; (2) breach of these Terms and Conditions; (3) any breach of your representations and warranties set forth in these Terms and Conditions; (4) your violation of the rights of a third party, including but not limited to intellectual property rights; or (5)any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

USER DATA

We maintain certain data that you transmit to the Stie for the purpose of managing the performance of the Stie, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from such loss or corruption of data.

ELECTRONIC COMMUNICATIONS, TRANSACTIONS

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Stie, satisfy any legal requirement that such communication be in writing. You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the Site. You hereby waive any rights of requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the or the granting of credits by any means other than electronic means.

MISCELLANEOUS

These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to act, exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. These terms and Conditions operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by anything beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and Conditions and does not affect the validity and enforceability of any remaining provisions. There is not joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms and Conditions of use of the Site. You agree that these Terms and conditions will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms and conditions, and the lack of signing by the parties hereto to execute these Terms and Conditions.

In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site please contact us at:
cowgirlartistsofamerica@gmail.com

PRIVACY AND COOKIES

We may process personal information depending on how you interact with CGA and our services. Information you enter on our site will be stored by us. We use this information to provide our services and make assessments to improve our services. We also use your information to communicate with you. We do not sell information to third parties, but we do utilized third party apps to provide services, such as payment processing.

We utilize security measures, but no electronic transmission over the internet or information storage technology can be guaranteed to be 100% secure. We cannot promise or guarantee that hackers, cybercriminals, or other unauthorized third pirates will not be able to defeat our security and improperly access your information.

Our website collects information such as IP addresses and/or browser and device information to track how our site is used. This does not reveal your identity.

As with most online businesses we collect information through cookies and similar technologies. This provides us with service-related data, diagnostics, usage, and performance information. We may be provided with information about your computer, phone, tablet, or other device, as well as your browser and operating system. Additionally we collect data about your device’s location, which can be precise or imprecise, depending on the settings of your device.

USE OF DATA

We use your information to provide, improve, and administer our Services, communicate with you, for security and fraud prevention, and to comply with the law. We may also process your information for other purposes with your consent.

We may process your information if you have given us specific permission to use your personal information for specific purpose or in situations where your permission can be inferred. You can withdraw you consent at any time by emailing cowgirlartistsofamerica@gmail.com

In soe exceptional cases, we may be legally permitted to process your information without your consent. For example in the case of a legal investigation.

HOW WE SHARE YOU INFORMATION

We may share information in specific situations for third-party service providers to carry out services for which you use. For example payment processing and newsletter delivery.

We may also share you personal information in the case of a business transfer, business partners who provide services to you, other users in our community spaces.

THIRD PARTY WEBSITES

We are not responsible for the safety of any information that you share with third parties that we may link to or who advertise on our Services.

INFORMATION STORAGE

We keep you information for as long as is necessary to fulfill the purposes outlined in this privacy notice. We may, at our discretion, keep your information after termination of membership.

You may review change or terminate your account at any time. This does not change the refund policy on our yearly dues. For more information email cowgirlartistsofamerica@gmail.com

OPTING OUT
You can unsubscribe from our marketing and promotional communication at any time by unsubscribing at the bottom of any email we send. We may still communicate with you to send you necessary communications as pertains to your account, service requests, and non-marketing purposes.

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Our Impact

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