Please read the following terms of use (“Terms”) carefully as they are a legal contract between you and Far West Show LLC (“Far West”) and govern your use of this website (“Site”), including its functionality and any Content (defined below) offered on or through the Site.

The Site is offered and available to users who are 18 years of age or older. By using the Site, you represent and warrant that you are at least 18 years old and of legal age to form a binding, legal contract with Far West. If you do not meet all of these requirements, you must not access or use the Site. If you are a parent or guardian and you provide consent for your child to interact with the Site, you agree to be bound by these Terms in respect of such child’s use of the Site. If you are an agent acting on behalf of an institution, you agree, on behalf of said institution, that both you and the institution are bound by the Terms, unless your institution has a separate written service agreement with Far West that provides otherwise.

1. Acceptance Of Terms.

Far West maintains this Site for your personal, non-commercial use. Far West grants you a limited, non-exclusive, non-transferable license to access and use this Site in accordance with the Terms. Your access to, and use of, this Site is subject to the following Terms.  The Terms are meant to protect all Site visitors, and by using this Site, you accept, without limitation or qualification, these Terms. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THIS SITE.

2. Changes to Terms.

Far West reserves the right, in its sole discretion, to modify, alter, or otherwise update these Terms at any time, for any reason, without notice to you, other than posting of the amended Terms on this Site. If Far West decides to update the Terms, Far West will post said changes on this page. All changes are effective immediately when Far West posts them, and apply to all access to, and use of, the Site thereafter. Your continued use or revisitation of the Site following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Accuracy and Completeness of Information.

This Site provides you with access to certain information and related links (collectively, the “Content”) solely for your personal, non-commercial use. The Content contained on this Site is designed for general information purposes only. Far West makes no representation, warranty, or guaranty as to the accuracy, completeness, timeliness, or availability of the Content, and is not responsible for any errors or omissions, regardless of cause, or for the results obtained from the access or use of such Content. Further, nothing on this Site is intended to operate as, or shall operate as, an electronic signature. The information presented on this Site should not be relied upon, and, as such, we are not responsible for any harm or losses resulting from reliance on the information contained on this Site. All parties are strongly encouraged to perform their own due diligence and consult with the appropriate professional(s) before entering into any type of transaction.

4. Sales.

We have made commercially reasonable efforts to display as accurately as possible the colors and images of our products that appear on this Site. However, we cannot guarantee that your computer monitor's display of any color will be accurate. All goods sold on this Site are subject to the Terms. Original and reproduction art works sold through this Site or during the in-person Far West Show on September 9-10, 2024, in New York City, New York, will be subject to, and will include, New York City sales tax. All sales are final. No refunds or exchanges will be processed.

5. Shipping/Delivery/Return Policy.

Please ensure that payment, billing, and shipping information are accurately entered when purchasing one or more products. Purchasers of one or more original art works at the Far West Show on September 9-10, 2024, in New York City, New York, are responsible for the coordination, payment, and shipping of said art works. Shipping for the timed release reproduction prints sold through this Site will start approximately two months after the reproduction sales period ends and is estimated to continue for approximately two months. All inquiries should be directed to: howdy@thefarwestshow.com for inquiries.

6. Trademarks, Copyrights, and Intellectual Property Restrictions.

This Site is operated and controlled by Far West. All Content on this Site, including, but not limited to text, images, video and audio clips, and illustrations, is protected by copyrights, trademarks, service marks, and/or other intellectual property rights (collectively, the “IP”), and is owned and controlled by Far West or its affiliates, or by third party content providers, merchants, sponsors, or licensors (collectively “Providers”) who have licensed their content or the right to market their products and/or services to Far West. Content on this Site is solely for your personal, non-commercial use. No right, title, or interest in or to the Site, any Content, or any IP is transferred to you, and we reserve all rights not expressly granted herein. You may request consent to copy, reproduce, republish, upload, post, transmit, and/or distribute the Content or information for a commercial use by receiving prior written consent of Far West. You may request written consent by emailing a request to Far West at: howdy@thefarwestshow.com. Without the prior written consent of Far West, your modification of the Content, use of the Content on any other website or networked computer environment, or use of the Content for any other purpose other than personal non-commercial use, violates Far West’ rights in the IP, violates these Terms, and is strictly prohibited.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Content or any goods or services sold under the Far West brand without Far West’s express written, signed permission.

As a condition to your use of this Site, you warrant to Far West that you will not use the Site for any purpose that is unlawful or prohibited by these Terms or applicable law. If you violate these Terms, then your permission to use the Site immediately terminates without notice. Far West retains the right to, in its sole discretion and for any reason, deny access to the Site to anyone.

7. Linked Sites.

This Site may contain links to other websites (“Linked Sites”). The Linked Sites are provided for your convenience and general information purposes only. As such, you access the Linked Sites at your own risk. The content of any Linked Sites is not under Far West’s control, and Far West is not responsible for, and does not endorse, such content, whether or not Far West is affiliated with the owners of such Linked Sites. Your access to such Linked Sites through links provided on this Site is governed by the terms of use and policies of those Linked Sites, not this Site. You may not establish a hyperlink to this Site or provide any links that state or imply any sponsorship or endorsement of your website by Far West.

8. Disclaimer of Warranties.

THIS SITE, INCLUDING ALL OF ITS CONTENT, IS BEING OFFERED TO YOU ON AN “AS IS,” WHERE IS,” AND “WHERE AVAILABLE” BASIS. TO THE MAXIMUM EXTENT PERMISSIBLE BY APPLICABLE LAW, FAR WEST, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND RESPECTIVE LICENSORS AND SERVICE PROVIDERS, HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY WITH RESPECT TO THE SITE AND CONTENT, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, OPERABILITY, CONDITION, QUIET ENJOYMENT, VALUE, ACCURACY OF DATA AND SYSTEM INTEGRATION, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. ANY USE OF THIS SITE IS AT YOUR OWN RISK. FAR WEST MAKES NO REPRESENTATIONS, WARRANTIES, OR GUARANTEES THAT THIS SITE OR COMMUNICATIONS FROM US WILL BE FREE FROM LOSS, DESTRUCTION, DAMAGE, CORRUPTION, ATTACK, VIRUSES, INTERFENCE, HACKING, OR OTHER SECURITY INTRUSION, AND FAR WEST DISCLAIMS ANY AND ALL LIABILITY RELATING THERETO. WITHOUT LIMITING THE FOREGOING, NEITHER FAR WEST NOR ANYONE ASSOCIATED WITH FAR WEST REPRESENTS OR WARRANTS THAT THE SITE OR THE CONTENT WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS, EXPECTATIONS, OR REQUIREMENTS OR ACHIEVE ANY INTENDED RESULTS.  NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FAR WEST OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

You acknowledge that neither Far West, its affiliates, nor any of their respective employees, agents, third party content providers or licensors make any warranty as to the results that may be obtained from use of the Site. You further acknowledge that Far West does not endorse products or services appearing on linked sites. Except as specifically provided in this agreement or where the law requires a different standard, you agree that Far West is not responsible for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of, or in any way related to access or use of the Site or the Content.

9. Liability Limitation and Damages.

9.1 Limitation of Liability. In no event and under no legal or equitable theory shall Far West or the Far West Parties (defined below) be liable for any direct, indirect, special, incidental, or consequential damages arising out of any use of, or inability to use, the Content contained on or through the Site, including, without limitation, damages for lost profits, loss of goodwill, loss or corruption of data, cost of substitute goods or services, work stoppage, accuracy of results, or computer failure or malfunction.

9.2 Limitation of Damages. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS SITE OR THE CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SITE AND/OR CONTENT. IN NO EVENT WILL FAR WEST’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SITE OR YOUR INTERACTION WITH OTHER SITE USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED ONE HUNDRED DOLLARS ($100).

9.3 Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT FAR WEST HAS OFFERED THE SITE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FAR WEST, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FAR WEST. FAR WEST WOULD NOT BE ABLE TO PROVIDE THE SITE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

10. Registration Information.

You may have the option to sign up through the Site to receive certain physical and electronic communications, including e-mail alerts. In submitting your e-mail and other contact information for such purposes, you agree to provide accurate, true, current, and complete information about you as requested by the registration screens. Far West’s use of any personal data you submit to the Site is governed by the Site’s Privacy Policy.

11. Privacy Policy.

Your privacy is important to Far West. Your use of this Site is subject to Far West’s Privacy Policy. Please carefully read and understand the Far West Privacy Policy, which is incorporated by reference and made a part of these Terms (and which is made part of Far West’s contract with you), for information relating to Far West’s collection, use, and disclosure of your personal information. Among other things, our Privacy Policy explains how Far West treats your personal information and protect your privacy when you use our Site, and explains the procedures by which you may view, update, correct, or delete personal information.

12. Representations and Warranties.

You warrant, represent, and agree that you will not interact with or use the Site or Content in a manner that (i) infringes, violates, or misappropriates another's intellectual property rights, rights of publicity or privacy, or other rights; (ii) violates any international, federal, state or local law, statute, ordinance or regulation or which would render Far West in violation of any applicable laws or regulations, including without limitation, applicable privacy laws; (iii) is harmful, fraudulent, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, or otherwise objectionable; or (iv) jeopardizes the security of the Site in any way.

13. Indemnification.

You agree, to the extent permissible under applicable law, to indemnify, defend, and hold harmless Far West, its parent, successors, affiliated companies, contractors, officers, directors, employees, agents, and its third-party licensors (collectively, “Far West Parties”) from and against all losses, damages, liabilities, demands, judgments, settlements, expenses, and costs of any kind, including reasonable attorneys’ fees, resulting from any claim or demand made by any third-party relating to or arising out of: (i) your access to, use, or misuse of the Site; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein; (iv) your failure to comply with applicable laws; or (v) the infringement by you or any third-party of any IP, privacy, or other right of any person or entity. Far West reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Far West, and you agree to cooperate with Far West’s defense of these claims. You agree not to settle any such matter without the prior written consent of Far West. Far West will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

14. DMCA Notification.

We respect the rights of intellectual property holders.  If you believe that any content on the Site violates these Terms or your intellectual property rights, you can report such violation to us in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512).  In the case of an alleged infringement, please provide the following information:

1. A description of the copyrighted work or other intellectual property that you claim has been infringed;
2. A description of where the material that you claim is infringing is located on the Site (including the exact URL);
3. An address, a telephone number, and an e-mail address where we can contact you;
4. A statement that you have a good faith belief that the use is not authorized by the copyright or other intellectual property rights owner, by its agent, or by law;
5. A statement by you under penalty of perjury that the information in your notice is accurate and that you are the copyright or intellectual property owner or are authorized to act on the owner's behalf; and,
6. Your electronic or physical signature, or that of the person authorized to act on behalf of the owner of the copyright or other right being infringed.

We may request additional information before we remove allegedly infringing material. You may report a copyright violation by providing the above information via e-mail to: info@frazierlawpllc.net.

15. Third Party Rights.

Nothing express or implied in these Terms is intended to confer any benefit upon any person other than Far West or the Far West Parties. Each of the Far West Parties shall have the right to assert and enforce these Terms directly against you on each’s own behalf.

16. Assignment.

The Terms and any rights and licenses granted hereunder, may not be transferred or assigned by you without Far West’s prior written, signed consent, but may be assigned by Far West without restriction or consent of another party. Any assignment attempted to be made in violation of the Terms shall be null and void.

17. Choice of Law; Alternative Dispute Resolution; Jury Trial and Class Action Waiver.

These Terms shall be exclusively governed by, construed, and enforced in accordance with the laws of the State of Arizona, without regard to its conflict of law or choice of law principles.  The State of Arizona has sufficient ties to the subject matter of the Terms to support the parties’ selection of Arizona law to govern and control the interpretation and enforcement of the Terms.

If a dispute, controversy, or claim arises under the Terms (a “Dispute”) for any reason, the parties must first try to resolve it with the help of a mutually agreed-upon mediator in Phoenix, Arizona.  The cost of the mediation, other than each party’s attorneys’ fees, will be shared equally by each party.  If the parties are unable to arrive at a mutually satisfactory solution during mediation, then the parties agree to submit any unresolved Dispute to binding arbitration in Phoenix, Arizona under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”).  The parties shall mutually agree upon a single arbitrator.  If no arbitrator can be agreed upon, then the AAA shall appoint one.  The arbitrator shall make findings of fact and law, and shall award the prevailing party its reasonable attorneys’ fees and costs.  Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.  The policies outlined herein are not intended to, and do not create, any contractual or other legal rights in or on behalf of any party under these Terms.  If any one or more conditions of these Terms cannot be legally enforced, the subject condition(s) will be applied as fully as possible and the other conditions hereunder shall remain fully effective.

PLEASE NOTE THAT BY AGREEING TO THESE TERMS YOU ARE, TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, WAIVING YOUR RIGHT TO LITIGATE DISPUTES THROUGH A COURT AND TO HAVE A JUDGE OR JURY DECIDE YOUR CASE.

Any Dispute you have with respect to the Site, Content, IP, and/or these Terms must be commenced within one (1) year after the Dispute arises. Far West’s failure to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Far West’s rights with respect to such breach or any subsequent breaches.

You waive any right to assert any claims against Far West as a representative or member in any class or representative action, except where such waiver is prohibited by law or deemed by a court of law to be against public policy. To the extent you are permitted by law or court of law to proceed with a class or representative action Far West, you agree that: (1) the prevailing party shall not be entitled to recover attorneys’ fees or costs associated with pursuing the class or representative action (notwithstanding any other provision of this agreement), and (2) the party who initiates or participates as a member of the class will not submit a claim or otherwise participate in any recovery secured through the class or representative action.

18. Notice.

Far West may provide you with notices, including those regarding changes to the Terms, by e-mail, regular mail, postings on the Site, or other reasonable means. Notice will be deemed given twenty-four hours after e-mail is sent, unless Far West is notified that the e-mail address is invalid.  Alternatively, we may give you legal notice by mail to a postal address, if provided by you through the Site. In such case, notice will be deemed given three days after the date of mailing.  Notices posted on the Site are deemed given three days following the initial posting.  Any notices directed to Far West shall be sent via e-mail to: howdy@thefarwestshow.com. 

19. Entire Agreement.

These Terms contain and represent the entire Agreement and understanding between Far West and you, and supersede all prior and contemporaneous agreements, understandings, inducements, and conditions, express or implied, oral or written, of any nature whatsoever with respect to the Site, Content, IP, and Terms. The express Terms control and supersede any course of performance and/or usage of the trade inconsistent with any of the Terms. In the event that any inconsistencies exist between the Terms and any future terms of use or understanding published by Far West, the most recently published Terms or terms of use or understanding shall prevail.

20. Severability.

If any provision of the Terms or is held to be unlawful, void, or for any reason unenforceable, then that provision will be limited or eliminated from the Terms to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

21. General Contact Information.

For questions regarding this Site, the Content, and/or the Terms, please e-mail us at: howdy@thefarwestshow.com.

FAR WEST RESERVES ALL RIGHTS, CLAIMS, DEFENSES, REMEDIES, TITLE, AND INTEREST TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAWS.