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TERMS OF USE
Site Terms of Use
Welcome to Local Equine Services.com. Local Equine Services (“LES”) was created to provide information and web-based resources or services (“Services”) that are accessed on this web site or by other methods. Please be aware that LES was created to provide these Services to the Delaware Valley and nearby horse community. As such many of the Services are only offered to those that reside in this specific geographic area. LES provides these Services subject to the following general Terms of Service (“TOS”), which may be updated at any time by updating this page without your notification. You assume sole responsibility for reviewing the most recent TOS as stated on this web page. Various provided Services may also have specific terms of service, rules or guidelines which are hereby incorporated into these general Terms of Service and to which you agree to be bound to use those Services.
The current version of this Agreement was first posted on February 27, 2008 and becomes effective immediately upon posting. This Agreement supercedes all prior agreements whether verbal or written. You are responsible for routinely reviewing the current version of this Agreement before using the Website
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE LES SITE. THESE TERMS OF SERVICE ARE A BINDING CONTRACT BETWEEN YOU AND LES. BY ACCESSING OR USING THE LES SITE AND/OR ITS SERVICES YOU HEREBY AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE LES SITE AND SHOULD IMMEDIATELY CEASE SUCH USE. LES MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE LES SITE. YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE LES SITE SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT.
1. Acceptance of Terms of Service
By using the LES site you explicitly and willfully agree to be bound by the stipulations in this TOS. You represent that you are of legal age to form a binding contract and have not been legally restrained from receiving LES Services under the laws of the United States.
2. Registration Information and Privacy
Should you register on the site, you agree to provide accurate current information about yourself, your services and any products you offer to users of this site and you will promptly update this information to maintain its accuracy should the information provided change. Should you misrepresent the aforementioned information or LES has reason to believe such information is not true, LES has the right to discontinue your account and refuse service and future service of the site. LES is particularly concerned about the safety of children under the age of 13 using this site. Should you allow your child to register and confirm their registration, you represent that you are of legal age, the legal guardian of the child and provide permission for the child to access the Services. LES delivers Services for a broad audience and as the child’s legal guardian it is solely your responsibility to determine if any part of the site is not appropriate for your child to access.
You understand and agree to provide consent that LES may access, archive and disclose your registration information if required by law or in good faith belief that the disclosure is reasonably necessary to enforce the TOS, to comply with a legal process, to respond that information violates third party rights, or to protect the rights, property or personal safety of LES users and the public.
Upon registering you will be provided with a login name and password. You are responsible for keeping this information private and confidential. You assume the responsibility for the use of the Services and all activities that occur under your login. You agree to immediately notify LES should you suspect or become aware of any unauthorized use of the Services under your login. You agree to properly log out at the end of your sessions. Sessions will automatically expire after a period of inactivity but you should not rely on this feature and always ensure that you have logged out when discontinuing your session. LES cannot and will not be responsible and liable for any loss or damages resulting from your failure to logout properly.
3. User Responsibility and Privileges
As a registered advertiser on the LES Site, You understand and agree that you are solely responsible for your own content, data, graphics, messages transmitted, or other materials and/or Services used on LES. You are entirely responsible for all information whether publicly posted or transmitted by users of the Services and assume all responsibility for any consequences thereof related to your actions using the Services. LES does not control the information posted or transmitted by users of the Services and thus cannot guarantee the quality or accuracy of such information. You understand and agree that by using the Service you may be exposed to objectionable or indecent information. LES under no circumstances assumes any responsibility or will be liable in any way for any information that was posted or transmitted by third parties. You agree to use LES only to post materials that are legal, proper, somehow related to the purposes of this equine community, and conform to the decency standard of this community. By way of example, and not as a limitation, you agree that when using this Web Site, you will not:
Harm children in any way;
Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
Public, post, upload, make available, distribute or disseminate or offer to do the same (hereinafter “Post”) any vulgar, hateful, malicious, racially or ethnically slanderous, harmful, inappropriate, defamatory, infringing, abusive, libelous, threatening, obscene, false, or unlawful material or information;
Post any material that infringes and patent, trademark, copyright, trade secret, intellectual property or other proprietary right of any party (the “Rights”), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material;
Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage, interrupt, or functionally limit the operation of another’s computer software, hardware or telecommunications equipment;
Post or transmit spam, “chain letters”, “junk mail”, promotional materials or any form of solicitation, advertise or offer to sell any goods or services for any commercial purpose, other than in areas of the Web Site intended for such uses;
Impersonate another person or entity, or falsify or delete any author attributions, legal or other material contained in a file that is posted or transmitted;
Restrict or inhibit any other user from using and enjoying the use of the site and it’s Services;
Collect or store personal data about other users;
Hack into any part of the Web Site, operate computer programs of any sort that willfully extracts copyrighted information for illegal purposes, or jeopardize the performance/disrupt/interfere with the delivery of the Services, servers or network infrastructure;
Encourage, glorify or commit a criminal offense;
Provide material support or resources to any organization designated as a foreign terrorist organization in any manner whatsoever.
Violate any applicable local, state, national or international law;
Delete or revise any material posted by any other person or entity;
Manipulate or otherwise display the LES Site by using framing or similar navigational technology, or
Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any LES product or service if you are not expressly authorized by such party to do so.
You agree that LES may – given certain circumstances and without prior notification – terminate all membership privileges. Cause for termination shall include, but not be limited to:
Violations of this TOS
User initiated request;
Extended periods of account inactivity;
Repetitive returned emails from a therefore assumed inactive account;
Unforeseeable technical difficulties or issues;
Law enforcement requests
Registered users of LES agree to maintain an active email account to receive communications from LES regarding site updates, administrative messages, other registered user related messages, and LES announcements. You do not have the ability to opt-out of the aforementioned email notices and agree to receive them as part of being a registered user of the site. Should these emails become unable to be delivered to your email account, LES will remove your registration account and assumes no responsibility for the deletion of any or all of your posted information. LES will not be liable in any way for any circumstances that result from your discontinuation of the Services should your registration be deleted.
Other uses of the LES Site, understand that LES does not operate, control or endorse any information, products or services on the Internet in any way. Except for specifically identified LES information, products or Services, all information, product and services offered through the LES Site or on the Internet generally are offered by third parties that are not affiliated with LE. You also understand that LES cannot and does not guarantee or warrant that any files which may be available for downloading through the LES Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output and for maintaining a means external to the LES Site for the reconstruction of any lost data.
4. Web Site Materials and Ownership Thereof.
The contents of this site, including but not limited to : text, graphics, illustrations, logos, software, trademarks, service marks and other material (“Material”) are protected by copyright and other laws.
LES authorizes you to view the Material on the Web Site solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, distribute, or otherwise use the Material in any way for any public or commercial purpose whatsoever without the express written permission of LES. If you violate any of these terms, your permission to use the Material automatically terminates and you must immediately destroy any copies of the Material you have made.
LES does not claim ownership to your posting or submission to LES for posting of your Materials on the site. However, for this information that is publicly displayed on the site, you grant LES, a world-wide, royalty free, non-exclusive, irrevocable, perpetual license to use, modify, distribute, reproduce, publish, and publicly display such information in whole or in part, and to incorporate said information into other works on current or future formats and mediums. This license shall exist until the removal of the Material from the site by either party.
LES includes postings, listings, graphics, and other material from third parties. Such content is the responsibility of the third party owner of the content. LES assumes no responsibility for such content and is merely providing access to such content as a service to you. While LES will endeavor to remove any offensive or harmful content from the Web Site if brought to our attention, third party materials may include offensive, inappropriate, harmful or deceptive information.
5. Our Obligation to Monitor Information and Materials
LES does not control the information posted or transmitted by users, registered users, partners and other third parties on the site and assumes no obligation whatsoever to monitor third party information and transmissions. LES does not endorse, support, represent or guarantee the truthfulness, accuracy, or reliability of any information posted by third parties, or endorse any opinions expressed by them. You understand and acknowledge that any reliance on material so posted will be at your own risk.
You acknowledge that LES may or may not pre-screen information posted or transmitted on the site. LES reserves the sole right at its sole discretion to refuse to accept information posted on the site for any reason whatsoever. LES reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.
If LES is notified by a user of any information which allegedly does not conform to any term of this Agreement, LES may investigate the allegation or determine in good faith and in our sole discretion whether to remove or request the removal of the content. If LES, or one of our agents, chooses to edit third-party content, this action does not set a precedent for any other alleged violation of the TOS. LES will have no liability or responsibility for performance or non-performance of such investigation. LES reserves the right to terminate or restrict your access to any or all registered user privileges at any time without notice for any reason whatsoever.
6. Intellectual Property Rights
You agree that the Services and any software used by the Services are the property of LES and relevant third parties. You are granted a nonexclusive and nontransferable license to use the software subject to the terms and conditions of this TOS. You agree that the software remains the property of its lawful owner(s) and that the license granted in this TOS does not convey title to or ownership of the software. You agree that giving away, lending, leasing, renting and distributing, leaving or selling copies of the software is theft of the lawful owner’s property. Appropriate litigation may be instituted and/or penalties and damages may be assessed against violators. You acknowledge that the software, including documentation, contains proprietary information constituting valuable trade secrets, and that the software is protected by state, federal, and international copyright laws and international treaties. You agree that you will not distribute the software or any portion thereof to third parties, or replicate the software or any portion thereof in any form or medium, except as authorized in this TOS. You agree not to attempt to decipher, decompile, unencrypt, reverse engineer, or disassemble the software or to develop derivative works of the software or knowingly allow others to do so, except to the extent applicable laws specifically prohibit such restriction.
7. Website Warranties
The LES site and Materials contained therein are provided on an “AS-IS” basis without any warranties of any kind, either express or implied. LES, to the extent permitted by law, disclaims all warranties, including, but not limited to: warranties of title, fitness for a particular purpose, and non-infringement of third party rights. LES makes no warranties about the accuracy, completeness, reliability, or timeliness of the Material and links presented on the Site.
Neither does LES warrant that the Website will operate without error or that the Website and its server are free of computer viruses or other harmful code. LES is not responsible for any costs associated with servicing or replacing your equipment or data due to your use of this Website. LES contains materials provided by third parties, and will likewise not be held responsible for any such third party material.
8. Disclaimer of Warranty and Limitations of Liability
YOUR USE OF LES AND ITS SERVICES IS AT YOUR OWN RISK. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE LES SITE. IF YOU ARE DISSATISFIED IN ANY WAY WITH THE SITE YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE SITE. ALL SERVICES ARE PROVIDED ON AN AS-IS, WHERE-IS BASIS. LES EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE SITE AND LES SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM YOU USE OF THE SITE OR ANY MERCHANDISE, INFORMATION OR SERVICE OR TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVISE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE.
LES MAKES NO WARRANTY THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, BE ACCURATE, BE RELIABLE, OPERATE UNINTERRUPTED OR ERROR FREE, OR FIX ERRORS. NO INFORMATION, WRITTEN OR IMPLIED, THAT WAS OBTAINED BY YOU FROM LES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS. IN NO EVENT SHALL LES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DAMAGES RESULTING FROM THE USE OR INABILITY TO USE THE SITE OR ITS MATERIAL CONTAINED THEREIN. THIS DISCLAIMER AND LIMITATION INCLUDES DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES OR LOST PROFITS, AND APPLIES WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY LEGAL THEORY REGARDLESS OF WHETHER LES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, LES’S LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. The aggregate liability for LES to you for all claims arising from your use of the Site is limited to one hundred ($100) dollars.
ANY MATERIAL DOWNLOADED OR USED BY YOU FROM THE SERVICES IS USED AT YOUR OWN DISCRETION AND RISK. YOU AKNOWLEDGE AND AGREE THAT COMPUTER VIRUSES ARE PREVELANT ON THE INTERNET AND THAT VIRUSES MAY BE TRANSMITTED INADVERTENTLY THROUG LES SERVICES. YOU AGREE TO ASSUME SOLE RESPONSIBILITY AND HOLD LES HARMLESS FOR ANY VIRUSES OR ACTIONS THEREOF WHATSOEVER, INCLUDING LOSS OF DATA, BELIEVED TO BE TRANSMITTED THROUGH LES SERVICES TO YOUR COMPUTER. YOU ASSUME FULL RESPONSIBILITY FOR THE DETECTION, PROTECTION, AND ERADICATION OF COMPUTER VIRUSES ON YOUR COMPUTER(S).
9. Copyright, Licenses and Idea Submissions
Domestic and International copyright and trademark laws protect the entire content of the LES Site. The owners of the intellectual property, copyrights and trademarks are LES, its affiliates, and other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE IN ANY MANNER, THE MATERIAL ON THE LES SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE.
10. Copyright Infringement
Posting communications on or through the Website automatically grants LES a royalty-free, worldwide, perpetual, irrevocable, non-exclusive license, with the right to sub-license, to use, reproduce, modify, publish, edit, translate, distribute, perform, and publicly display the information (including without limitation, ideas contained therein for new and improved products and services) you submit to any public areas of the LES Site or by e-mail to LES, alone or as part of other works in ay form, media, or technology whether now known or hereafter developed. You also grant to LES the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing or promotional material related thereto. The foregoing grants shall include the right to exploit any proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction. You agree that you shall have no recourse against LES for any alleged or actual infringement or misappropriation of any proprietary right in your communication to LES.
LES may use the information it obtains as a result of your registration with the LES Site, including but not limited to your IP address, name, mailing address, and email address for its internal business and marketing purposes and may disclose the information to third parties for such purpose pursuant to LES’s Privacy Policy.
LES may, in appropriate circumstances and at its sole discretion, remove or disable access to material on the Web Site that infringes on the rights of others. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide LES with a written notice – by postal mail, email or facsimile – that includes the following information:
The signature (electronic or physical) of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed;
A description of or actual page link to where the material in question is located on the Web Site;
Your mailing address, telephone number and email address;
A statement by you that you believe in good faith that the disputed use is not authorized by the copyright owner, its agent, or the law; and
A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
For purposes of such Notice, LES’s address for notice is as follows:
Local Equine Services
Phone: Fax:
11. Links to Other Websites
LES contains links to third party websites that are maintained by others. These links are provided solely as a convenience to our users, and are not an endorsement by LES of the contents on such third-party websites. Because LES has no control over such sites and resources, you acknowledge and agree that LES is not responsible nor liable for the availability and content, advertising, products, services or other materials on or available from any of linked third-party sites or resources and does not make any representations regarding the content or accuracy of materials on such third-party sites. If you decide to access linked third-party websites, you do so at your own risk. You further acknowledge and agree that LES 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 the use of or reliance on any such content, goods or services available on or through any such Third Party Site or resource.
12. Indemnity
You agree to defend, indemnify, and hold harmless Local Equine Services.com, Jennifer Reinford, its officers, directors, employees, sponsors, partners, agents, licensors suppliers and any third party information providers to the Site from and against any claims, actions or demands, including without limitation reasonable legal fees and related costs, alleging, claiming or resulting from your use of the site, your posting or transmission of Materials, or your breach of this TOS Agreement (including negligent or wrongful conduct). LES will provide notice to you promptly of any such claim, suit or proceeding and shall reasonably assist you , at your expense, in defending any such claim, suit or proceeding. You agree to indemnify and hold harmless Local Equine Services, _____________, its officers, directors, employees and agents from and against any claims, actions or demands, including without limitation reasonable attorney fees and related costs, alleging or resulting from your actions dealing with our advertisers, sponsors, partners or users.
13. General and International Disclaimer
LES makes no claims that the materials presented are appropriate for any particular purpose or audience. Access to the materials may not be legal by certain persons. If you access the Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction as well as our local laws. Recognizing the global nature of the Internet, you agree to comply with all local rules including, without limitation, rules about the Internet, data, e-mail, or privacy. 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.
14. Third Party Rights.
The provisions of paragraphs 3 (User Responsibility) and 12 (Indemnification) are for the benefit of LES and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Site. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against you on its own behalf.
15. Dealings with Third Parties
Your participation, correspondence or business dealings with any third party found on or through the Site, regarding the 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 third party. You agree that LES shall not be responsible or liable for any loss, damage, or other matters of any sort incurred as a result of any such dealings.
16. Web Site Security Rules
You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, “flooding”, “mailbombing” or “crashing”, or (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging and TCP/IP packet header or any part of the header information in any e-mail. Violations of system or network security may result in civil or criminal liability. LES will investigate occurrences which may involve such violations and may involve and cooperate with law enforcement authorities in prosecuting those who are involved in such violations.
17. Entire Agreement. This TOS is the entire agreement between LES and you.
Law Choice and Venue. This TOS Agreement between you and LES shall be governed by the laws of the Commonwealth of Pennsylvania. All legal issues arising from or related to the use of the site shall be construed in accordance with and determined by the laws of the Commonwealth of Pennsylvania without regard to conflicts of law provisions. By using this Website, you agree that for venue purposes any and all lawsuits, disputes, causes of action, or arbitrations shall be in Berks County, Pennsylvania state court or federal court in the [to be determined] District if appropriate.
Statute of Limitations. You agree that any claim arising from the use of the site or Services must be filed within one (1) year after such claim or cause of action arose or be forever barred, regardless of any law or statute to the contrary.
Term. This TOS is non-transferable and expires upon your death. All your Materials will subsequently be permanently deleted upon notice to LES of your death.
Severability. If any provision of this TOS is for any reason held violative of any applicable law, governmental rule, or regulation, or if the TOS is held to be unenforceable or unconscionable, the invalidity of that specific provision shall not invalidate the remainder of this Agreement. All other provisions and the entirety of this TOS shall remain in full force and effect unless the removal of the invalid provision destroys the legitimate purposes of this TOS in which event this TOS shall be null and void.
Paragraph Headings. Paragraph Headings are for reference only and shall not be construed in any way to define, limit or describe the scope or intent of this TOS or any part thereof.
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