Terms of Service

Effective Date: February, 2008

Welcome to the HorseLoversCorner.com website, which is located at HorseLoversCorner.com (the "Website"). This Terms of Service ("Terms of Service") contain the terms and conditions that govern your use of the Website and the HorseLoversCorner.com Service (as defined below). This Terms Of Service describes your rights and responsibilities and what you can expect from the HorseLoversCorner.com Service. Use of the HorseLoversCorner.com Website constitutes your acceptance of and agreement to this Terms Of Service.

HorseLoversCorner.com reserves the right to add, delete and/or modify any of the terms and conditions contained in this Terms of Service, at any time and in its sole discretion, by posting a change notice or a new agreement on the HorseLoversCorner.com Website. In the event of substantive changes to this Terms of Service, you may be notified by email. If any modification is unacceptable to you, your only recourse is to not use the Website and the HorseLoversCorner.com Service. Your continued use of the HorseLoversCorner.com Website following posting of a change notice or new Terms of Service on the HorseLoversCorner.com Website will constitute binding acceptance of the changes.

1. The HorseLoversCorner.com Service.

HorseLoversCorner.com provides a number of Internet-based services through the Website (all such services, collectively, the "HorseLoversCorner.com Service"). One such service enables users to purchase equine and western related products, including without limitation, merchandise, bedding, home decor and more (collectively, "Products"). HorseLoversCorner.com users may create and purchase individual Products for their own use or sell Products through their own page on the Website ("Shops"). Users who would like to sell Products through Shops must enter into the Affiliates Agreement. HorseLoversCorner.com allows all users to browse the Website and purchase Products from the Shops. HorseLoversCorner.com may offer a number of other services on its Website, including without limitation, links, message boards, calendar, contests, and newsletters, which may be added or may change from time to time.

 

2. Use of the Web Site and HorseLoversCorner.com Service.

2.1 Eligibility. HorseLoversCorner.com will only knowingly provide the HorseLoversCorner.com Service to parties that can lawfully enter into and form contracts under applicable law. If you are under the age of 18, but at least 13 years of age, you may use the HorseLoversCorner.com Service only under the supervision of a parent or legal guardian who agrees to be bound by this Terms of Service. The HorseLoversCorner.com Service is not intended for children under the age of 13.

2.2 Compliance with Terms of Service and Applicable Law. You must comply with all of the terms and conditions of this Terms of Service, the applicable agreements and policies referred to below, and all applicable laws, regulations and rules when you use the HorseLoversCorner.com Service and the Website.

2.3 Your License to Use the Web Site and the HorseLoversCorner.com Service.

(a) HorseLoversCorner.com solely and exclusively owns all intellectual property and other rights, title and interest in and to the HorseLoversCorner.com Service and Website, except as expressly provided for in these Terms of Service. For example and without limitation, HorseLoversCorner.com owns the trademarks Horse Lovers Corner, HorseLoversCorner.com & Design; the copyrights in and to the Website, and certain technology used in providing the HorseLoversCorner.com Service. You will not acquire any right, title or interest therein under this Terms of Service or otherwise to any intellectual property owned by HorseLoversCorner.com.

(b) HorseLoversCorner.com grants you a limited revocable license to access and use the Website and the HorseLoversCorner.com Service for its intended purposes, subject to your compliance with this Terms of Service. This license does not include the right to collect or use information contained on the Website for purposes prohibited by HorseLoversCorner.com; to compete with HorseLoversCorner.com; to create derivative works based on the content of the Website; or download or copy the Website (other than page caching). If you use the Website in a manner that exceeds the scope of this license or you breach this Terms of Service, HorseLoversCorner.com may revoke the license granted to you.

(c) This Section 2.3 does not pertain to your intellectual property rights. For information regarding your intellectual property rights, please see Section 4.3.

2.4 Third-Party Services. HorseLoversCorner.com may use third parties to provide certain services accessible through the Website. HorseLoversCorner.com does not control those third parties or their services, and you agree that HorseLoversCorner.com will not be liable to you in any way for your use of such services. These third parties may have their own terms of use and other policies. You must comply with such terms and policies as well as this Terms of Service when you use those services. If any such terms or policies conflict with HorseLoversCorner.com's Terms of Service, agreements or policies, you must comply with HorseLoversCorner.com's Terms of Service, agreements or policies, as applicable.

3. General Rules.

3.1 Prohibited Use. You may only use the HorseLoversCorner.com Service as expressly permitted by HorseLoversCorner.com. You may not cause harm to the Website or the HorseLoversCorner.com Service. Specifically, but not by way of limitation, you may not: (i) interfere with the HorseLoversCorner.com Service by using viruses or any other programs or technology designed to disrupt or damage any software or hardware; (ii) modify, create derivative works from, reverse engineer, decompile or disassemble any technology used to provide the HorseLoversCorner.com Service; (iii) use a robot, spider or other device or process to monitor the activity on or copy pages from the Website, except in the operation or use of an internet "search engine", hit counters or similar technology; (iv) collect electronic mail addresses or other information from third parties by using the HorseLoversCorner.com Service; (v) impersonate another person or entity; (vi) use any meta tags, search terms, key terms, or the like that contain HorseLoversCorner.com's name or trademarks; (vii) engage in any activity that interferes with another user's ability to use or enjoy the HorseLoversCorner.com Service; or (viii) assist or encourage any third party in engaging in any activity prohibited by this Terms of Service.

3.2 Privacy Policy. By entering into this Terms of Service, you agree to HorseLoversCorner.com's collection, use and disclosure of your personal information in accordance with HorseLoversCorner.com's policies.

3.3 Ordering Policies. If you purchase Products, you agree to do so in accordance with HorseLoversCorner.com's Ordering Policy and instructions on the Website. Title to the Products you purchase passes to you when the Products are delivered to the common carrier. You agree to purchase such products and freight, prior to such products shipping. All sales shipping to Texas are subject to current Texas Sales Tax, such tax will be paid prior to products being shipped. Freight and tax which are not included in the order (for any reason) will be required to be paid prior to orders shipping.

3.4 Backorders. Items not available at time of shipment will be backordered. Backorders can occur from shipments being damaged before shipment, or due to inventory adjustments. We will make every effort to process your order in an expedient and efficient manner.

3.5 Damaged Shipments. Once your order leaves our facility, they become the responsibility of the shipper. In case of loss or damage caused by the carrier, a report should be made to that carrier. Customers must inspect the shipment upon arrival and note any damages or shortages on the shipping papers before signing. They then should call the carrier for an inspector and keep all packing materials.

3.6 Refused or Unclaimed Shipments. Once your order leaves our facility, they become the responsibility of the shipper. If you are not at the designated address when the package arrives, you do not pick-up your package or you refuse the shipment, your account will only be credit for the remaining amount less freight and a re-stocking fee. If your package has been restocked and you would like to have it redelivered, you will need to re-purchase the item(s), since we will credit your account for the item return (less freight and restocking fee).

3.7 Claims. Customers receiving concealed damaged and/or defective items must call for return authorization at (888) 976-0002 within 7 calendar days of the invoice date. Credit cannot be given without prior authorization. We must be notified of missing cartons and shortages within 10 days of the invoice date. We cannot ship replacements for items missing or damaged in transit.

3.8 Cancellations.  Orders that are canceled after they have been picked, packed and staged, will be assessed a 15% restocking charge. If a shipment is refused, customers will be charged the inbound and outbound freight and a 15% restocking charge.

4. Create and Buy General Rules and License.

4.1 Description. As part of the HorseLoversCorner.com Service, HorseLoversCorner.com offers a service (the "Create & Buy Service") that allows you to upload images, video, audio, data, and other content (collectively, "Content") to the Website to create, produce and purchase Products featuring the uploaded Content for your own use.

4.2 Delivery of Content. You will upload or deliver to HorseLoversCorner.com all Content that you want to use with the Create & Buy Service in accordance with the applicable instructions on the Website and the Affiliate Agreement. HorseLoversCorner.com may, in its sole and exclusive discretion, determine whether any Content complies with such instructions and is satisfactory for use with the Create & Buy Service.

4.3 Licensing Your Content to HorseLoversCorner.com. You will retain ownership of the Content that you upload to the Website. You hereby grant to HorseLoversCorner.com a royalty-free, worldwide, transferable, nonexclusive, right and license to use such Content, in all media existing now or created in the future, as HorseLoversCorner.com deems necessary to enable you to use the Create & Buy Service to create, produce and purchase Products. HorseLoversCorner.com may sublicense the rights that you grant it in this Section to a third party subcontractor only for purposes of providing the HorseLoversCorner.com Service, processing your order, and producing and shipping your Products.

5. Reservation of Rights.

5.1 Monitoring. HorseLoversCorner.com reserves the right, but does not assume the obligation, to monitor transactions and communications that occur through the Website. If HorseLoversCorner.com determines, in its sole and absolute discretion, that you or another HorseLoversCorner.com user will breach a term or condition of this Terms of Service or that such transaction or communication is inappropriate, HorseLoversCorner.com may cancel such transaction or take any other action to restrict access to or the availability of any material that may be considered objectionable, without any liability to you or any third party.

5.2 Modification of the Service. HorseLoversCorner.com reserves the right to modify the organization, structure or "look and feel" of the HorseLoversCorner.com Service or the Website, and may change, suspend, or discontinue any aspect of the HorseLoversCorner.com Service at any time without any liability to you or any third party. HorseLoversCorner.com shall have complete discretion over the features, functions, prices and other terms and conditions on which the HorseLoversCorner.com Service is offered to HorseLoversCorner.com users.

6. Submissions.

When you submit questions, comments, suggestions, ideas, message board postings, material submitted via web forms, contest entries, communications or any other information ("Submissions"), you grant HorseLoversCorner.com permission to use such Submissions for marketing and other promotional purposes, including the right to sublicense. You agree that HorseLoversCorner.com will have no obligation to keep any Submissions confidential. You will not bring a claim against HorseLoversCorner.com based on "moral rights" or the likes arising from HorseLoversCorner.com's use of a Submission. This Section does not apply to your Content that you use in connection with the Create & Buy Service or Shopkeeper Service.

 

7. Representations and Warranties.

7.1 Mutual Representations and Warranties. You represent and warrant to HorseLoversCorner.com and HorseLoversCorner.com represents and warrants to you: (i) that you or it has the full power and authority to enter into and perform under this Terms of Service, (ii) the execution and performance of your or its obligations under this Terms of Service does not constitute a breach of or conflict with any other agreement or arrangement by which you or it is bound, and (iii) this Terms of Service is a legal, valid and binding obligation of the party entering into this Terms of Service, enforceable in accordance with its terms and conditions.

7.2 By You. You represent and warrant to HorseLoversCorner.com that, in your use of the HorseLoversCorner.com Service, you: (i) will not infringe the copyright, trademark, patent, trade secret, right of privacy, right of publicity or other legal right of any third party, and (ii) will comply with all applicable laws, rules, and regulations. You further represent and warrant to HorseLoversCorner.com that: (i) there are no claims, demands or any form of litigation pending, or to the best of your knowledge, threatened with respect to any of your Content; (ii) HorseLoversCorner.com will not be required to make any payments to any third party in connection with its use of your Content, except for the expenses that HorseLoversCorner.com incurs in providing the HorseLoversCorner.com Service; (iii) the use of any instructions, formulae, recommendations, or the like contained in your Content will not cause injury to any third party; and (iv) your Content does not contain viruses or any other programs or technology designed to disrupt or damage any software or hardware.

8. Disclaimers and Exclusions.

DISCLAIMER OF WARRANTIES. HorseLoversCorner.com PROVIDES THE WEBSITE AND HorseLoversCorner.com SERVICE ON AN "AS IS" AND "AS AVAILABLE" BASIS. HorseLoversCorner.com DOES NOT REPRESENT OR WARRANT THAT THE WEBSITE, HorseLoversCorner.com SERVICE OR ITS USE: (i) WILL BE UNINTERRUPTED, (ii) WILL BE FREE OF INACCURACIES OR ERRORS, (iii) WILL MEET YOUR REQUIREMENTS, OR (iv) WILL OPERATE IN THE CONFIGURATION OR WITH THE HARDWARE OR SOFTWARE YOU USE. HorseLoversCorner.com MAKES NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THESE Terms of Service, AND HEREBY DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT.

9. Limitation of Liability.

LIMITATION OF LIABILITY. HorseLoversCorner.com WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, PUNITIVE OR SPECIAL DAMAGES (INCLUDING DAMAGES RELATING TO LOST PROFITS, LOST DATA OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE HorseLoversCorner.com SERVICE OR THIS Terms of Service, BASED ON ANY CAUSE OF ACTION, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. EXCEPT FOR A BREACH OF A PARTY'S REPRESENTATIONS AND WARRANTIES UNDER THIS Terms of Service OR IN CONNECTION WITH YOUR INDEMNITY OBLIGATIONS UNDER THIS Terms of Service, IN NO EVENT WILL THE LIABILITY OF EITHER PARTY IN CONNECTION WITH THIS Terms of Service EXCEED THE GREATER OF (i) THE AMOUNT PAID BY HorseLoversCorner.com TO YOU DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH LIABILITY OR (ii) $100.

10. Indemnification.

You must indemnify and hold HorseLoversCorner.com and its employees, representatives, agents, affiliates, directors, officers, managers and shareholders (the "Parties") harmless from any damage, loss, or expense (including without limitation, attorneys' fees and costs) incurred in connection with any third-party claim, demand or action ("Claim") brought against any of the Parties alleging that you have breached any provision of this Terms of Service through any act or omission. If you have to indemnify HorseLoversCorner.com under this Section, HorseLoversCorner.com will have the right to control the defense, settlement, and resolution of any Claim at your sole expense. You may not settle or otherwise resolve any Claim without HorseLoversCorner.com's express written permission.

 

11. Termination.

11.1 Termination. In its sole discretion, with or without notice to you, HorseLoversCorner.com may: (i) suspend, limit your access to or terminate your use of the Website and/or the HorseLoversCorner.com Service, (ii) suspend, limit your access to or terminate your account, (iii) remove any of your Content from HorseLoversCorner.com's servers and directories and (iv) prohibit you from using the HorseLoversCorner.com Service and/or the Website.

11.2 Survival. Notwithstanding Section 11.1 above, this Terms of Service will survive indefinitely unless and until HorseLoversCorner.com chooses to terminate this Terms of Service.

11.3 Effect of Termination. If you or HorseLoversCorner.com terminates your use of the Website or the HorseLoversCorner.com Service, HorseLoversCorner.com may delete any Content or other materials relating to your use of the HorseLoversCorner.com Service on HorseLoversCorner.com's servers or otherwise in its possession and HorseLoversCorner.com will have no liability to you or any third party for doing so.

12. Notice.

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to the other party by any of the following methods: (i) U.S. mail, (ii) overnight courier, or (iii) electronic mail. If you give notice to HorseLoversCorner.com, you must use the following addresses: P.O. Box 48, Merit, TX 75458 sales@horseloverscorner.com . If HorseLoversCorner.com provides notice to you, HorseLoversCorner.com will use the contact information provided by you to HorseLoversCorner.com. All notices will be deemed received as follows: (i) if by delivery by U.S. mail, seven (7) business days after dispatch, (ii) if by overnight courier, on the date receipt is confirmed by such courier service, or (iii) if by electronic mail, 24 hours after the message was sent, if no "system error" or other notice of non-delivery is generated. If applicable law requires that a given communication be "in writing," you agree that email communication will satisfy this requirement.

 

13. Dispute Resolution.

All disputes arising out of, relating to or connected with these Terms of Service or your use of any part of the HorseLoversCorner.com Service will be exclusively resolved under confidential binding arbitration held in Hunt County, Texas, before and in accordance with the Rules of the American Arbitration Association, by a sole arbitrator applying Texas law (without regard for conflicts of law principles). The arbitrator's award will be binding and may be entered as a judgment in any court of competent jurisdiction. Any action to enforce an arbitrator's award will be brought in a federal or state court located in Hunt County, Texas. Each party hereby irrevocably submits to the personal jurisdiction of the Federal and Texas State courts in Hunt County. Notwithstanding anything to the contrary in this Section 13, HorseLoversCorner.com may seek equitable relief, including, without limitation, injunctive relief and specific performance, without the requirement of posting a bond or other security or proving money damages are insufficient, from a court of competent jurisdiction.

 

14. Miscellaneous.

These Terms of Service will be binding upon each party hereto and its successors and permitted assigns, and governed by and construed in accordance with the laws of the State of Texas without reference to conflict of law principles. This Terms of Service is not assignable or transferable by you without the prior written consent of HorseLoversCorner.com. This Terms of Service (including all of the policies and other Agreements described in this Terms of Service, which are incorporated herein by this reference) contain the entire understanding of the parties regarding its subject matter, and supersedes all prior and contemporaneous agreements and understandings between the parties regarding its subject matter. No failure or delay by a party in exercising any right, power or privilege under this Terms of Service will operate as a waiver thereof, nor will any single or partial exercise of any right, power or privilege preclude any other or further exercise thereof or the exercise of any other such right, power, or privilege. You and HorseLoversCorner.com are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Terms of Service. The invalidity or unenforceability of any provision of this Terms of Service will not affect the validity or enforceability of any other provision of this Terms of Service, all of which will remain in full force and effect.