OnlyDressage is the sole owners of the information collected
on this site. We will not sell, share, or rent this information to others in ways
different from what is disclosed in this statement. OnlyDressage collects information
from our users at several different points on our website.
Any and all OnlyDressage registered user or customer contact
information, including but not limited to e-mail addresses, phone numbers, or mailing
addresses provided on the OnlyDressage site, is only for use by persons or entities
interested in buying the particular horse, product or service offered by the customer.
Unless arranged through OnlyDressage as an approved and bonafide special promotion,
OnlyDressage's registered users or its customers' contact information may not be
used or provided by anyone in the sale, promotion or solicitation of their business,
products or services. Any violation of this policy shall be considered theft of
OnlyDressage's information.
Registration
In order to use some of the services of this website, a user
must first complete the Owner Information form. During registration a user is required
to give their contact information (such as name and email address). This information
is used to contact the user about the services on our site for which they have expressed
interest. Please note that the owner's email address and contact phone number will
be displayed to our users.
Order
We request information from the user on our order form. Here
a user must provide contact information (like name and billing address) and financial
information (like credit card number, expiration date). This information is used
for billing purposes and to fill customer's orders. If we have trouble processing
an order, this contact information is used to get in touch with the user.
Cookies
Some of our business partners use cookies on our site (for
example, advertisers). However, we have no access to or control over these cookies.
Log Files
We use IP addresses to analyze trends, administer the site,
track user's movement, and gather broad demographic information for aggregate use.
IP addresses are not linked to personally identifiable information.
Sharing
We will share aggregated demographic information with our
partners and advertisers. This is not linked to any personal information that can
identify any individual person.
We use a credit card processing company to bill users for
goods and services. These companies do not retain, share, store or use personally
identifiable information for any secondary purposes.
We partner with another party to provide specific services.
When the user signs up for these services, we will share names, or other contact
information that is necessary for the third party to provide these services. These
parties are not allowed to use personally identifiable information except for the
purpose of providing these services.
Links
This web site contains links to other sites. Please be aware
that we OnlyDressage are not responsible for the privacy practices of such other
sites. We encourage our users to be aware when they leave our site and to read the
privacy statements of each and every web site that collects personally identifiable
information. This privacy statement applies solely to information collected by this
Web site.
Security
This website takes every precaution to protect our users'
information. When users submit sensitive information via the website, your information
is protected both online and off-line.
When our registration/order form asks users to enter sensitive
information (such as credit card number), that information is encrypted and is protected
with the best encryption software in the industry - SSL. While on a secure page,
such as our order form, the lock icon on the bottom of Web browsers such as Netscape
Navigator and Microsoft Internet Explorer becomes locked, as opposed to un-locked,
or open, when you are just 'surfing'.
While we use SSL encryption to protect sensitive information
online, we also do everything in our power to protect user-information off-line.
All of our users' information, not just the sensitive information mentioned above,
is restricted in our offices. Only employees who need the information to perform
a specific job (for example, our billing clerk or a customer service representative)
are granted access to personally identifiable information. Our employees must use
password-protected screen-savers when they leave their desk. When they return, they
must re-enter their password to re-gain access to your information. Furthermore,
ALL employees are kept up-to-date on our security and privacy practices. Every quarter,
as well as any time new policies are added, our employees are notified and/or reminded
about the importance we place on privacy, and what they can do to ensure our customers'
information is protected. Finally, the servers that we store personally identifiable
information on are kept in a secure environment, behind a locked cage.
Notification of Changes
If we decide to change our privacy policy, we will post those
changes on our Homepage so our users are always aware of what information we collect,
how we use it, and under circumstances, if any, we disclose it. If at any point
we decide to use personally identifiable information in a manner different from
that stated at the time it was collected, we will notify users by way of an email.
Users will have a choice as to whether or not we use their information in this different
manner. We will use information in accordance with the privacy policy under which
the information was collected.
ACCEPTANCE OF TERMS
Welcome to OnlyDressage. OnlyDressage provides its service
to you, subject to the following Terms of Service ("TOS"), which may be updated
by us from time to time without notice to you. In consideration for your use of
OnlyDressage Services, you agree to accept all TOS, together with any modifications
or amendments thereto. Throughout the TOS, the term "you" shall mean the user of
the service, whether that user is a natural person, corporation or other entity.
You can review the most current version of the TOS at any time at: http://www.OnlyDressage.
In addition, when using particular OnlyDressage services, you and OnlyDressage shall
be subject to any posted guidelines or rules applicable to such services, which
may be posted from time to time. All such guidelines or rules (including but not
limited to our Privacy Policy
) are hereby incorporated by reference into the TOS. OnlyDressage may also offer
other services that are governed by different Terms of Service.
2. DESCRIPTION OF SERVICE
OnlyDressage currently provides users with access to a collection
of resources including various communication tools and forums, classifieds services,
shopping services, personalized content, site hosting and branded programming through
its network of partners and properties (the "Service"). You also understand and
agree that the Service may include advertisements and that these advertisements
are necessary for OnlyDressage to provide the Service. You also understand and agree
that the Service may include certain communications from OnlyDressage, such as service
announcements, administrative messages, advertising partner messages , and that
these communications are considered part of OnlyDressage membership. Unless explicitly
stated otherwise, any new features or Services that augment or enhance the current
Service, including the release of new OnlyDressage properties, shall be subject
to the TOS. You understand and agree that the Service is provided "AS-IS" and that
OnlyDressage assumes no responsibility for the timeliness, deletion, mis-delivery
or failure to store any user communications or personalization settings. You are
responsible for obtaining access to the Service and that access may involve third
party fees (such as Internet service provider or airtime charges). You are responsible
for those fees, including those fees associated with the display or delivery of
advertisements. In addition, you must provide and are responsible for all equipment
necessary to access the Service.
3. CONDITIONS OF ADVERTISEMENT SERVICES
You agree
to place advertisement subject to the DRESSAGE discipline only. Any add placed on
this site that is not of dressage only horse, we have the right, and will remove
the add without notification, and without return of you payment. You will pay, in advance, all amounts or fees owed to OnlyDressage
for the placement of your Ad, whether or not you upload a photo or video with your
Ad. Upon OnlyDressage's receipt of all amounts or fees owed for the selected Ad,
you shall have the right to upload a photo or video with your Ad (depending on the
type of Ad purchased) at anytime up and until the expiration or cancellation of
the Ad, whichever occurs first. If you elect to place a photo or video with your
Ad, you shall have the responsibility of providing and uploading your photo or video
with your Ad. The photo or video upload shall comply with all requirements and procedures
set forth by OnlyDressage. OnlyDressage may, upon request, provide technical assistance
if needed.
As further consideration for the payment, in advance, of all
amounts or fees owed OnlyDressage for placement of your Ad, and in the event you
do not upload a photo or video with your Ad, for any reason whatsoever, you shall
retain the right, but not the obligation, to upload a photo or video for any subsequent
Ad of the same type (Horse for Sale or Stallion at Service, and so on) purchased
from OnlyDressage. This right to upload a photo or video shall expire thirty-six
(36) months from the date you placed your first Ad or the upon exercise of that
right, whichever first occurs. The right to place a photo or video may be transferred
to any subsequent Ad of the same type (Horse for
Sale
or Stallion at Service, and so on) that you purchase from OnlyDressage. The right
to upload a photo or video belongs solely to you and may not be assigned or transferred
to any other person or entity without the express written consent of OnlyDressage.
OnlyDressage does not expressly or impliedly guarantee the
sale of your horse, your horse's services, nor the owner's products or services.
All advertisement listings are subject to reasonable editorial changes to maintain
the integrity and prestige of our service. If you provide contact information for
people interested in your horse(s) products or services, OnlyDressage is not responsible
for any misuse of this information. It is your responsibility to remove your ad
from the OnlyDressage service upon sale or transfer. OnlyDressage is not responsible
for typos or accidental errors appearing on the service. OnlyDressage is not responsible
for violations created or caused by service users and/or customers. Potential violations
include, but are not limited to: copyright, trademark, trade names, patents, or
other violations of any local, state, federal or international laws. OnlyDressage,
in its sole discretion, may display your classified ad on any, some or all of its
partner Networks without your consent. We suggest that you report any incidents
of fraud to the
Internet Fraud Complaint Center and your local authorities. Subject to court
order or law enforcement directions OnlyDressage reserves the right to remove or
not remove an ad based on the accusation of fraud. Postings on OnlyDressage
are dynamic and OnlyDressage is not responsible for saving variations and changes
to postings. OnlyDressage does not as a matter of course retain copies of expired
postings.
4. NO GUARANTEE
OnlyDressage does not guarantee the sale of your horse, your
horse's services, your products or services or any other product or service advertised
on OnlyDressage’s site. OnlyDressage does not guarantee the owner/seller's services,
representations, or any horse's performance or fitness for a particular purpose.
In addition, OnlyDressage strongly recommends that a pre-purchase exam should be
performed by the buyer's equine veterinarian of choice, on any horse prior to purchase.
OnlyDressage does not guarantee or warrant the performance of any person or entity
advertising on its site. OnlyDressage does not control the Content posted via the
Service and, as such, does not guarantee the accuracy, integrity or quality of such
Content.
5. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent
that you are of legal age to form a binding contract and are not a person barred
from receiving services under the laws of the
United
States
or other applicable jurisdiction. You also agree to: (a) provide true, accurate,
current and complete information about yourself as prompted by the Service's registration
form (such information being the "Registration Data") and (b) maintain and promptly
update the Registration Data to keep it true, accurate, current and complete. If
you provide any information that is untrue, inaccurate, not current or incomplete,
or OnlyDressage has reasonable grounds to suspect that such information is untrue,
inaccurate, not current or incomplete, OnlyDressage has the right to suspend or
terminate your account and refuse any and all current or future use of the Service
(or any portion thereof). When you create an OnlyDressage Account and allow your
child to access the account, you certify that you are at least 18 years old and
that you are the legal guardian of the child/children using the OnlyDressage account.
By allowing a child to use your OnlyDressage account, you also give your child permission
to access all of the Services including, email, message boards, instant messages
and chat (among others). Please remember that the service is designed to appeal
to a broad audience. Accordingly, as the legal guardian, it is your responsibility
to determine whether any of the Services and/or Content (as defined in Section 8
below) are appropriate for your child.
6. PRIVACY POLICY
Registration Data and certain other information about you
is subject to our Privacy Policy. For more information, see our full privacy policy
at
http://www.OnlyDressage/corp/privacy.aspx . Our privacy policy, together
with any amendments thereto, is incorporated by reference to the TOS as though set
forth herein.
7. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing
the Service's registration process. You are responsible for maintaining the confidentiality
of the password and account, and are fully responsible for all activities, whether
authorized by you or not, that occur under your password or account. You agree to
(a) immediately notify OnlyDressage of any unauthorized use of your password or
account or any other breach of security, and (b) ensure that you exit from your
account at the end of each session. OnlyDressage shall not be liable for any loss
or damage arising from your failure to comply with this Section 5, including, but
not limited to, any unauthorized use.
8. MEMBER CONDUCT
You understand that all information, data, text, software,
music, sound, photographs, graphics, video, messages or other materials (hereinbefore
and after the "Content"), whether publicly posted or privately transmitted, are
the sole responsibility of the person from whom such Content originated. This means
that you, and not OnlyDressage, are entirely responsible for all Content that you
upload, post, email, transmit or otherwise make available via the Service. OnlyDressage
does not control the Content posted via the Service and, as such, does not guarantee
the accuracy, integrity or quality of such Content. You understand that by using
the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will OnlyDressage be liable in any way for any Content, including,
but not limited to, for any errors or omissions in any Content, or for any loss
or damage of any kind incurred as a result of the use of any Content posted, emailed,
transmitted or otherwise made available via the Service.
You agree to not use the Service to:
upload, post, email, transmit or otherwise make available
any Content that is unlawful, harmful, threatening, abusive, harassing, tortious,
defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or
racially, ethnically or otherwise objectionable; harm minors in any way; impersonate
any person or entity, including, but not limited to, a OnlyDressage official, forum
leader, guide or host, or falsely state or otherwise misrepresent your affiliation
with a person or entity; forge headers or otherwise manipulate identifiers in order
to disguise the origin of any Content transmitted through the Service; upload, post,
email, transmit or otherwise make available any Content that you do not have a right
to make available under any law or under contractual or fiduciary relationships
(such as inside information, proprietary and confidential information learned or
disclosed as part of employment relationships or under nondisclosure agreements);
upload, post, email, transmit or otherwise make available any Content that infringes
any patent, trademark, trade secret, copyright or other proprietary rights ("Rights")
of any party; upload, post, email, transmit or otherwise make available any unsolicited
or unauthorized advertising, promotional materials, "junk mail," "spam," "chain
letters," "pyramid schemes," or any other form of solicitation, except in those
areas (such as classifieds) that are designated for such purpose; upload, post,
email, transmit or otherwise make available any material that contains software
viruses or any other computer code, files or programs designed to interrupt, destroy
or limit the functionality of any computer software or hardware or telecommunications
equipment;
interfere with or disrupt the Service or servers or networks
connected to the Service, or disobey any requirements, procedures, policies or regulations
of networks connected to the Service; "stalk" or otherwise harass another; or
collect or store personal data about other users.
You acknowledge that OnlyDressage may not pre-screen Content,
but that OnlyDressage and its designees shall have the right (but not the obligation)
in their sole discretion to refuse to publish or remove any Content that is available
via the Service. Without limiting the foregoing, OnlyDressage and its designees,
in their sole discretion, shall have the right to remove any Content that violates
any provision of the TOS or is otherwise objectionable.
9. VIOLATIONS
If you see slanderous or malicious Content on our site, please
notify us. We will, in our sole discretion remove any Content deemed malicious,
scandalous, harmful or inconsistent with the integrity and prestige of our Service.
If you see a possible stolen or missing horse listed on our site for sale, please
contact us and it will be removed as soon as possible after verification
of claim has been received from an appropriate authority. Please report any violations
of the TOS to our OnlyDressage.
10. ACKNOWLEDGEMENT OF RISK
You agree that you have evaluated the risks of using the Service,
including, but not limited to, misuse of your information by third parties, damage
to your computer or system through the use of the Service and bear all risks associated
with the use of any Content, including any reliance on the accuracy, completeness,
or usefulness of such Content. As a result, you agree to assume all risks associated
with the use of any Content. In this regard, you acknowledge that you may not rely
on any Content created by OnlyDressage.
You acknowledge, consent and agree that OnlyDressage may access,
preserve, and disclose your account information and Content if required to do so
by law or OnlyDressage reasonably believes in good faith that such access, preservation
or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce
the TOS; (c) respond to claims that any Content violates the rights of third-parties;
(d) respond to your requests for customer service; or (e) protect the rights, property,
or personal safety of OnlyDressage, its users and the public.
You understand that the technical processing and transmission
of the Service, including your Content, may involve (a) transmissions over various
networks; and (b) changes to conform and adapt to technical requirements of connecting
networks or devices.
You understand that the Service and software embodied within
the Service may include security components that permit digital materials to be
protected, and use of these materials is subject to usage rules set by OnlyDressage
and/or content providers who provide content to the Service. You may not attempt
to override or circumvent any of the usage rules embedded into the Service. Any
unauthorized reproduction, publication, further distribution or public exhibition
of the materials provided on the Service, in whole or in part, is strictly prohibited.
11. INTERNATIONAL USE
You acknowledge the global nature of the Internet and you
agree to comply with all local rules regarding online conduct and acceptable Content.
Specifically, you agree to comply with all applicable laws regarding the transmission
of technical data exported from the
United States
or the country in which you reside.
12. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE
SERVICE
OnlyDressage does not claim ownership of any Content you submit
or make available for inclusion on the Service. However, with respect to Content
you submit or make available for inclusion on publicly accessible areas of the Service,
you grant OnlyDressage the following world-wide, royalty free and non-exclusive
license(s), as applicable:
The license to use, distribute, reproduce, modify, adapt,
publicly perform and publicly display such Content on the Service solely for the
purposes of providing and promoting OnlyDressage to which such Content was submitted
or made available. This license exists in perpetuity.
"Publicly accessible" areas of the Service are those areas
of the OnlyDressage network of properties that are intended by OnlyDressage to be
available to the general public.
13. INDEMNITY
You agree to indemnify and hold OnlyDressage, its subsidiaries,
affiliates, officers, agents, co-branders or other partners and employees harmless
against and with respect to any action, suit, proceeding, demand, assessment, judgment,
loss, cost, liability, damage or expense, including attorneys’ fees and court costs,
now existing or hereafter arising as a proximate result of Content you submit, post,
transmit or make available through the Service, your use of the Service, your connection
to the Service, your violation of the TOS or violation of any international, federal,
state or local treaty, statute, law and/or regulation relating to your use of the
Service.
14. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade,
resell or exploit for any commercial purposes, any portion of the Service (including
your OnlyDressage ID), use of the Service, or access to the Service. You may create
Content on behalf of another so long as they have agreed to all site terms. You
may not present or hold yourself out as a representative of OnlyDressage or represent
OnlyDressage in any way.
15. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that OnlyDressage may establish general practices
and limits concerning use of the Service, including without limitation the maximum
number of times (and the maximum duration for which) you may access the Service
in a given period of time. You agree that OnlyDressage has no responsibility or
liability for the deletion or failure to store any messages and other communications
or other Content maintained or transmitted by the Service. You acknowledge that
OnlyDressage reserves the right to log off accounts that are inactive for an extended
period of time. You further acknowledge that OnlyDressage reserves the right to
modify these general practices and limits from time to time.
16. MODIFICATIONS TO SERVICE
OnlyDressage reserves the right at any time and from time
to time to modify or discontinue, temporarily or permanently, the Service (or any
part thereof) with or without notice. You agree that OnlyDressage shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the Service.
17. TERMINATION
You agree that OnlyDressage may, under certain circumstances
and without prior notice, immediately terminate your OnlyDressage account, any associated
Content, and access to the Service. Grounds for such termination shall include,
but shall not be limited to, (a) breach or violations of the TOS or other incorporated
agreements or guidelines, (b) requests by law enforcement or other government agencies,
(c) a request by you (self-initiated account deletions), (d) discontinuance or material
modification to the Service (or any part thereof), (e) unexpected technical or security
issues or problems, and/or (f) extended periods of inactivity, (g) failure to pay
for the Service, and (h) violations of any law, statute, treaty or rule pertaining
to your use or connection to the Service. Termination of your OnlyDressage account
includes (a) removal of access to all offerings within the Service, (b) deletion
of your password and all related information, files and content associated with
or inside your account (or any part thereof), and (c) barring further use of the
Service. Further, you agree that all terminations for cause shall be made in OnlyDressage's
sole discretion and that OnlyDressage shall not be liable to you or any third-party
for any termination of your account, any associated email address, or access to
the Service.
18. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation
in promotions with, advertisers found on or through the Service, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings, are solely between you and such
advertiser. You agree that OnlyDressage shall not be responsible or liable for any
loss or damage of any sort incurred as the result of any such dealings or as the
result of the presence of such advertisers on the Service.
19. LINKS
The Service may provide or third parties may provide links
to other World Wide Web sites or resources. Because OnlyDressage has no control
over such sites and resources, you acknowledge and agree that OnlyDressage is not
responsible for the availability of such external sites or resources, and does not
endorse and is not responsible or liable for any Content, advertising, products,
or other materials on or available from such sites or resources. You further acknowledge
and agree that OnlyDressage 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 or through any
such site or resource.
20. OnlyDressage'S PROPRIETARY RIGHTS
You acknowledge and agree that the Service and any necessary
software used in connection with the Service ("Software") contain proprietary and
confidential information that is protected by applicable intellectual property and
other laws. You further acknowledge and agree that Content contained in sponsor
advertisements or information presented to you through the Service or advertisers
is protected by copyrights, trademarks, service marks, patents or other proprietary
rights and laws. Except as expressly authorized by OnlyDressage or advertisers,
you agree not to use, modify, rent, lease, loan, sell, distribute or create derivative
works based on the Service or the Software, in whole or in part. OnlyDressage grants
you a personal, non-transferable and non-exclusive right and license to use the
object code of its Software on a single computer; provided that you do not and do
not allow any third party to copy, modify, create a derivative work of, reverse
engineer, reverse assemble or otherwise attempt to discover any source code, sell,
assign, sublicense, grant a security interest in or otherwise transfer any right
in the Software. You agree not to modify the Software in any manner or form, or
to use modified versions of the Software, including without limitation for the purpose
of obtaining unauthorized access to the Service. You agree not to access the Service
by any means other than through the interface that is provided by OnlyDressage for
use in accessing the Service.
21. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE
IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. OnlyDressage EXPRESSLY DISCLAIMS
ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT.
OnlyDressage MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET
YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE,
(iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE
OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL
PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND
(V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM OnlyDressage OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES
WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE
USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC
SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU,
OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR
TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR
PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE
-- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION,
ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
22. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OnlyDressage, ITS
OFFICERS, EMPLOYEES, AGENTS, SUCCESSOR AND ASSIGNS, SHALL NOT BE LIABLE TO YOU FOR
ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING
BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE
LOSSES (EVEN IF OnlyDressage HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES),
RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION
OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO
THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR
TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE;
OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
23. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES
OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.
ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO
YOU.
24. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL
MATTERS
If you intend to create or join any Service, receive or request
any news, messages, alerts or other information from the Service concerning loans,
insurance or other financial, real estate or legal services or issues, please read
the above Sections 19 and 20 again. The Service is provided for informational purposes
only. OnlyDressage, its agents, officers, employees, successors, assigns or licensors
shall not be responsible or liable for the accuracy, usefulness or availability
of any information transmitted or made available via the Service, and shall not
be responsible or liable for any decisions made based on such information.
25. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in
this TOS, there shall be no third party beneficiaries to this Agreement.
26. NOTICE
OnlyDressage may provide you with notices, including those
regarding changes to the TOS, by either email, regular mail, or postings on the
Service.
27. TRADEMARK INFORMATION
The OnlyDressage logo, OnlyDressage and OnlyDressage Network
logo, trademarks and service marks and other OnlyDressage logos and product and
service names are trademarks of OnlyDressage, Inc. (hereinafter collectively the
"OnlyDressage Marks"). Without OnlyDressage's prior written permission, you agree
not to display or use in any manner, the OnlyDressage Marks.
28. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR
INTELLECTUAL PROPERTY INFRINGEMENT
OnlyDressage respects the intellectual property of others,
and we ask our users to do the same. OnlyDressage may, in appropriate circumstances
and at its discretion, disable and/or terminate the accounts of users who may infringe
on the copyrights of others. If you believe that your work has been copied in a
way that constitutes copyright infringement, or your intellectual property rights
have been otherwise violated, please provide OnlyDressage's Copyright Agent the
following information:
an electronic or physical signature of the person authorized
to act on behalf of the owner of the copyright or other intellectual property interest;
a description of the copyrighted work or other intellectual
property that you claim has been infringed;
a description of where the material that you claim is infringing
is located on the site;
your address, telephone number, and email address;
a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent, or the law;
a statement by you, made under penalty of perjury, that the
above information in your Notice is accurate and that you are the copyright or intellectual
property owner or authorized to act on the copyright or intellectual property owner's
behalf.
Entire Agreement. The TOS constitute the entire agreement
between you and OnlyDressage and governs your use of the Service, superceding any
prior agreements between you and OnlyDressage. You also may be subject to additional
terms and conditions that may apply when you use or purchase certain other OnlyDressage
services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The TOS and the relationship between
you and OnlyDressage shall be governed by the laws of the State of
Massachusetts
withithout regard to its conflict of law provisions.
Waiver of Jury Trial; Arbitration. You agree to submit any
dispute arising out of this Agreement to binding Arbitration. Either party may submit
any dispute arising out of the terms of this Agreement to binding arbitration administered
by the American Arbitration Association under the Commercial Arbitration Rules.
Judgment on the award rendered by the arbitrators may be entered in any court having
jurisdiction. The parties agree that any such controversy shall be submitted to
three arbitrators selected pursuant to the provisions of the American Arbitration
Association Commercial Arbitration Rules. This arbitration agreement applies regardless
of the claims or causes of action alleged. The arbitrators’ award will be final
and binding, but in no event can an award exceed the amount of direct compensatory
damages actually incurred by the claiming party, and no party can recover for anything
other than the benefit of the bargain under the agreement. The parties further agree
that no punitive or exemplary damages can be considered or awarded by the arbitrators.
The parties agree that the American Arbitration Association Commercial Arbitration
Rules are modified as follows: the procedures set forth in
Arizona
’s Rules of Civil Procedure applicable in
Arizona
will govern the arbitration, including those relating to disclosures and listing
of witnesses and exhibits, initiation and completion of discovery, and dispositive
motions. The parties agree that any arbitration conducted in this case shall be
held in
Barnstable County, Massachusetts
Attorneys’ Fees. In the event it becomes necessary for any
party to employ counsel to enforce any of the provisions of the TOS, or the breach
thereof, then, in that event, the non-prevailing party agrees to pay to the other
party all of such other party’s costs and expenses, including reasonable attorneys’
fees.
Waiver and Severability of Terms. The failure of OnlyDressage
to exercise or enforce any right or provision of the TOS shall not constitute a
waiver of such right or provision. If any provision of the TOS 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 TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree
that your OnlyDressage account is non-transferable and any rights to your OnlyDressage
member account, password, ID or contents within your account terminate upon your
death. Upon receipt of a copy of a death certificate, your account may be terminated
and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute
or law to the contrary, any claim or cause of action arising out of or related to
use of the Service or the TOS must be filed within one (1) year after such claim
or cause of action arose or be forever barred.
Miscellaneous. If any provision in the TOS is held to be illegal,
invalid or unenforceable, such provision shall be reformed to reflect the intent
of the parties and the economics of the transaction and the validity, legality or
enforceability of the remaining provisions will not, in any way, be affected or
impaired thereby.
Headings contained in the TOS are included for convenience
only and form no part of the agreement between the parties. If a question of interpretation
arises, the Agreement shall be construed as if drafted jointly by the parties, and
no presumption or burden of proof shall arise favoring or disfavoring any party
by virtue of the authorship of any provision of this Agreement
