Terms of Use

DESERT EQUINE

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This page states the Terms and Conditions under which you, the Web site visitor (“You”) may use this Web site, which is owned by Desert Equine (“Desert Equine”). Please read this page carefully. By using this Web site, You agree to be bound by all of the Terms and Conditions set forth below. If You do not accept these Terms and Conditions, please do not use this Web Site. Desert Equine may, in its sole discretion, revise these Terms and Conditions at any time; therefore, You should visit this page periodically to review the Terms and Conditions.

Use of Site Material

The contents of this Web Site, such as text, graphics, images and other content (the “Site Material”) are protected by copyright under both United States and foreign laws. The names, marks and logos appearing included in the Site Material are, unless otherwise noted, trademarks owned by or licensed to Desert Equine. The use of these marks, except as provided in these Terms and Conditions, is prohibited. Desert Equine authorizes You to view and download a single copy of the Site Material for Your personal use. Unauthorized use of the Site Material violates copyright, trademark, and other laws. You agree to retain all copyright and other proprietary notices contained in the original Site Material on any copy You make of such material. You may not sell or modify our Site Material or reproduce, display, distribute, or otherwise use the Site Material in any way for any public or commercial purpose. Resellers, dealers, distributors, and any third-party retailers (collectively “Dealer”) authorized by Desert Equine are given permissions to use photos, logos, marks, etc., for their marketing material and on their Web site, provided they are in good standing and such use is not inappropriate or misused. Desert Equine has sole and exclusive right of determination whether such use is appropriate or inappropriate, and Dealer agrees to abide by and conform to all instructions for use and/or exclusions.

Trademarks

The names, marks and logos appearing in this Web site are, unless otherwise noted, trademarks owned by Desert Equine, and used under license. Any use of these marks by You, except as provided in these Terms and Conditions, is prohibited. From time-to-time, Desert Equine might make fair use in this Web site of trademarks owned and used by companies, including its competitors. Any such marks are clearly noted, and Desert Equine makes no claim to ownership of those marks.

Desert Equine may, in appropriate circumstances and at its 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 Desert Equine’s Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:

An electronic or physical signature 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 where the material that you claim is infringing is located on the Web site; your address, telephone number and e-mail address; a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner or authorized to act upon the copyright owner’s behalf.

Desert Equine’s Copyright Agent for notice of claims of copyright infringement on the Web site is Peter Knorre, who can be reached at:
Desert Equine
7350 South Cactus Thorn Lane
Tucson, AZ 85747
520-245-9277
520-647-0011 (fax)
Support@DesertEquine.com

Limitation of Liability

Although Desert Equine strives for accuracy in all elements of the Site Material, it may contain inaccuracies or typographical errors. Desert Equine makes no representations about the accuracy, reliability, completeness, or timeliness of the material on this Web site or about the results to be obtained from using the Web site. You use the Web site and its material at Your own risk.

DESERT EQUINE DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MATERIAL. IF YOUR USE OF THE WEB SITE OR THE SITE’S MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, DESERT EQUINE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS. THIS WEB SITE AND ITS MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. DESERT EQUINE AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING THE WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND THE WARRANTY OF FITNESS FOR PARTICULAR PURPOSE. DESERT EQUINE AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL DESERT EQUINE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE MATERIAL ON THIS WEB SITE OR SITES LINKED TO THIS WEB SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT DESERT EQUINE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links

This Web site contains links to Web sites owned by third parties. These links are provided solely as a convenience to You and are not an endorsement by Desert Equine of the contents on those other sites. Desert Equine is not responsible for the content of any linked sites and makes no representations regarding the content or accuracy of materials on such sites. If You decide to visit any third-party sites using links from this Web site, You do so at Your own risk.

Indemnity

By using this Web site, You agree to defend, indemnify, and hold harmless Desert Equine, its officers, directors, employees and agents, from and against any and all losses, claims, damages, costs and expenses (including any and all legal and accounting fees) that Desert Equine may become obligated to pay arising or resulting from Your use of the Site Material or Your breach of these Terms and Conditions. Desert Equine reserves the right to assume or participate, at Your expense, in the investigation, settlement and defense of any such action or claim.

User Submissions

Desert Equine welcomes your comments on our Web site and products. However, You acknowledge that if You send us creative suggestions, ideas, notes, drawings, photos, concepts, inventions or other information (collectively, the “Information”), the Information shall be deemed, and shall remain Desert Equine’s property. Generally, any communication which you convey to Desert Equine is considered to be, and will be treated as, non-confidential. If particular Web pages permit the submission of communications which will be treated by Desert Equine as confidential, that fact will be clearly stated on those pages. Without limitation of the foregoing, by submission of any Information to us, You assign to us and we shall exclusively own all now known or hereafter existing rights to such Information of every kind and nature throughout the universe and shall be entitled to unrestricted use of the Information for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the information. By providing Submissions through the Web site, or any other means, you automatically grant Desert Equine a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform and display the communication alone or as part of the other works in any form, media or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Notwithstanding Desert Equine’s exclusive right of usage, Desert Equine does respect the privacy of each and every submitter of Information, and will therefore endeavor to maintain such privacy when utilizing Information for public display. Testimonials, whether posted on the Web site or in marketing materials, will reveal only the submitter’s first name, initial letter of surname, city and state (and country if outside of USA), however any failure by Desert Equine to conform is not intentional, and is to be regarded as an oversight and/or typographical error. Desert Equine will endeavor to correct such error without undue delay, and will in no event be held liable for any damages.

As a user of this Web site, You are responsible for Your own communications and are responsible for the consequences of their posting. Therefore, do not do any of the following things: transmit to us material that is copyrighted, unless You are the copyright owner or have the permission of the copyright owner to post it; send material that reveals trade secrets, unless You own them or have the permission of the owner; send material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; send material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; send sexually-explicit images; send advertisements or solicitations of business; send chain letters or pyramid schemes; or impersonate another person.

Desert Equine reserves the right to expel users and prevent their further access to this Web site for violating these terms or the law and reserves the right to remove any communications from this Site.

Privacy

Desert Equine does not collect personally-identifying information about You (such as Your name, address, telephone number, or e-mail address) unless You voluntarily submit that information to Desert Equine through our Contact page. Any such voluntarily-provided information may be used for our internal business and marketing purposes and may be disclosed to third parties for such purposes. Desert Equine may use cookies for data tracking, but will not collect personal data. Therefore, the only information we gather about You is that which You voluntarily submit to us. If at any time You wish to have personally-identifying information removed from our database or to make changes or corrections to personally-identifying information previously submitted by You, please submit your request in writing to: Desert Equine, 7350 South Cactus Thorn Lane, Tucson, AZ 85747, and we will make every effort to accommodate your request.

Miscellaneous

This Web site originates from Tucson, AZ. Access to the Site Materials may not be legal by certain persons or in certain countries. If You access the Web Site from outside of the United States, You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.

These Terms and Conditions are governed by the substantive laws of the Arizona, without respect to its conflict of laws principles. You agree to submit to the jurisdiction of the courts situated in Arizona with respect to any dispute, disagreement, or cause of action related to or involving this Web site. If any provision is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided elsewhere in our Web site, these Terms and Conditions constitute the entire agreement between You and Desert Equine with respect to Your use of this Web site.

Any rights not expressly granted herein are reserved.