1 ACCEPTANCE OF TERMS
1.1 Your access to and use of The Equine Touch Foundation, llc and any Services referred to in Clause 2, is subject exclusively to these Terms and Conditions. You will not use the Website/Services for any purpose that is unlawful or prohibited by these Terms and Conditions. By using the Website/Services you are fully accepting the terms, conditions and disclaimers contained in this notice. If you do not accept these Terms and Conditions you must immediately stop using the Website/Services.
1.2 We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the Website/Services following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check the Terms and Conditions regularly for any changes.
2 THE SERVICES
The Website may provide communication tools such as email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities (“the Services”) designed to enable you to communicate with others. Unless stated otherwise the Services are for your personal and non-commercial use only.
3 CHILD SUPERVISION
We are concerned about the safety and privacy of our users, particularly children. Parents who wish to allow their children access to and use of the Website/Services should supervise such access and use. By allowing your child access to the Services you are allowing your child access to all of the Services, including email, bulletin boards, chat areas, news groups, forums and/or other message or communication facilities. It is therefore your responsibility to determine which Services are appropriate for your child. Always use caution when revealing personally identifiable information about yourself or your children via any of the Services.
We are committed to responsible data management and subscribe to the principals of the data protection legislation in the United States. We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services and of new information that pertains to our business.
4.1 We are committed to maintaining the privacy of our users and maintaining the security of any personal information received from you. If you register for any of the Services you will be asked to provide basic personal information. The information provided by you is not available for sale or use by third parties. The information is used solely for notifying you of changes or updates to the Website/Services pertaining to our business.
4.2 We use a technology called “cookies” as part of our normal business procedure to track patterns of behavior of visitors to the Website. A cookie is an element of data that the Website sends to your browser that is then stored on your system. You can set your browser to prevent this happening. Any information collected in this way can be used to identify you unless you change your browser settings.
4.3 Analytics and page data such as google and facebook are used to track and monitor visitors from our website. These services collect anonymous tracking data and no “personal data” is being collected to identify a person or persons.
4.4 All data that is stored is retained indefinitely until the person of interest requests for data to be removed. All data removal requests may be made by contacting us via email, mail, support, or social media requests. We provide data removal within a timely period, not to exceed one month from request.
4.5 Some data may not be removed during requests and considered essential for us to retain. This would include order information from a user which is identifiable personal information. This data is required by law for us to retain for business, tax, and legal matters and is not deleted from any request made by a person or persons and considered legitimate interest.
5 USER ACCOUNT, PASSWORD AND SECURITY
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security. In no event will The Equine Touch Foundation, llc be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person?s account at any time, without the express permission of the account holder.
6 ACCEPTABLE USE
6.1 You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. The Equine Touch Foundation, llc will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
6.2 In using the Website/Services you agree not to:
6.2.1 use the Services to send junk email, spam, chain letters, pyramid schemes or any other unsolicited messages, commercial or otherwise;
6.2.2 post, publish, distribute or disseminate material or information that is defamatory, infringing, obscene, indecent, threatening, abusive, harassing or unlawful;
6.2.3 post, publish, distribute or disseminate material or information that incites discrimination, hate or violence towards any person or group on account of their race, religion, disability, nationality or otherwise;
6.2.4 threaten, abuse, disrupt, stalk or otherwise violate the legal rights (including rights of privacy and publicity) of others;
6.2.5 use any information or material in any manner that infringes any copyright, trademark, patent or other proprietary right of any party;
6.2.6 make available or upload files that contain a virus, worm, trojan or corrupt data that may damage the operation of the computer or property of another;
6.2.7 Impersonate any person or entity for the purpose of misleading others;
6.2.8 violate any applicable laws or regulations;
6.2.9 use the Website/Services in any manner that could damage, disable, overburden or impair the Website/Services or interfere with any other party?s use and enjoyment of the Website/Services;
6.2.10 post, publish, distribute or disseminate material or information that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information or confidential information disclosed in the course of employment or under a confidentiality agreement);
6.2.11 attempt to gain unauthorized access to any of the Services, other accounts, computer systems or networks connected to the Website/Services through hacking, password mining or any other means.
6.3 We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
We have the right to terminate your access to any or all of the Services at any time, without notice, for any reason, including without limitation, breach of these Terms and Conditions. We may also at any time, at our sole discretion, discontinue the Website/Services or any part thereof without prior notice and you agree that we shall not be liable to you or any third party for any termination of your access to the Website/Services.
8 LINKS TO THIRD PARTY WEBSITES
The Website/Services may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that The Equine Touch Foundation, llc is not responsible for the content or availability of any such sites.
9 INTERNATIONAL USE
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 (if different) and with all local laws and rules regarding acceptable use of and conduct on the Internet.
10 INTELLECTUAL PROPERTY RIGHTS
10.1 The Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website and the Services) are protected by copyright, trade marks, patents and other intellectual property rights and laws. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.
10.2 The Equine Touch Foundation, llc does not claim ownership of any materials you post, upload or submit to any publicly accessible area of the Services. However, by doing so you are granting us a world-wide, royalty free, non-exclusive licence to copy, distribute, transmit, reproduce, publicly display, edit, translate or publish such Content for as long as you elect to display such Content via the Services. The licence shall be terminated when such Content is deleted from the Services.
10.3 The Equine Touch Foundation, llc reserves the right to preserve their intellectual property and monitor all installations of the software systems for internal purposes. Through the use of product registration, product communications with third parties, and/or through email or other registration systems, The Equine Touch Foundation, llc reserves the right to collect installation server addresses, installation server names, installation company names, and installation company descriptions through low volume registration methods. By utilizing the material, software, or systems, you are agreeing to the terms and conditions that The Equine Touch Foundation, llc may utilize such methods for source code control and installation monitoring. By utilizing the material, software, or systems, you agree that this is a necessary step to protect intellectual property of such an open system that is provided. Failure to follow the licensing agreement of the store, ONE store installation per client or customer, will allow The Equine Touch Foundation, llc and it’s owners, managers, or operators to collect for such infractions.
10.4 The Equine Touch Foundation, llc does not claim to be nor is expressing that we are the sole owners of WordPress, the themes utilized for displaying our website or demonstration websites. Many others have contributed to the experience and we are only claiming to be the sole developers of our products and the EasyCart eCommerce system. We consistently use third-party themes and designs from outside sources, and credit is due to those who contribute.
You agree to indemnify and hold The Equine Touch Foundation, llc harmless from and against any breach by you of these Terms and Conditions and any claim or demand brought against The Equine Touch Foundation, llc by any third party arising out of your use of the Services and/or any Content submitted, posted or transmitted through the Services, including without limitation, all claims, actions, proceedings, losses, liabilities, damages, costs, expenses (including reasonable legal costs and expenses) howsoever suffered or incurred by The Equine Touch Foundation, llc in consequence of your breach of these Terms and Conditions.
12 DISCLAIMERS AND LIMITATION OF LIABILITY
12.1 Use of the Website/Services is at your own risk. The Website/Services are provided on an “AS IS” and “AS AVAILABLE” basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.
12.2 To the extent permitted by law, The Equine Touch Foundation, llc will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website/Services.
12.3 The Equine Touch Foundation, llc makes no warranty that the Website/Services will meet your requirements, that Content will be accurate or reliable, that the functionality of the Website/Services will be uninterrupted or error free, that defects will be corrected or that the Website/Services or the server that makes them available are free of viruses or anything else which may be harmful or destructive.
12.4 Nothing in these Terms and Conditions shall be construed so as to exclude or limit the liability of The Equine Touch Foundation, llc for death or personal injury as a result of the negligence of The Equine Touch Foundation, llc.
12.5 Nothing in these Terms and Conditions shall affect your statutory rights as a consumer.
If any of these Terms and Conditions should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms and Conditions shall survive and remain in full force and effect and continue to be binding and enforceable.’,’At The Equine Touch Foundation, llc we recognize that privacy is important. This Policy applies to all of the products, services and websites offered by The Equine Touch Foundation, llc or its subsidiaries or affiliated companies (collectively, The Equine Touch Foundation, llc “services”).