THE FOLLOWING “TERMS OF SERVICE AND CONDITIONS OF USE” (“Agreement”) GOVERN YOUR USE OF THE WEBSITE IEQUINE.COM (“Site”) MADE AVAILABLE BY iEquine, L.L.C., an Arizona Limited Liability Company, (“iEquine”), AND ANY RELATED SERVICES. USE OF THIS WEBSITE REQUIRES CONSIDERATION FOR, AND AS A CONDITION OF ALLOWING YOU TO VIEW OR REGISTER FOR THIS WEBSITE, YOUR HAVING READ AND ACCEPTED THIS AGREEMENT. PLEASE READ THE AGREEMENT CAREFULLY. BY VIEWING, VISITING, USING, REGISTERING, OR INTERACTING WITH THIS WEBSITE, YOU ACCEPT THE TERMS OF THE AGREEMENT WHETHER YOU ARE A VISITOR OR A REGISTERED USER. IF YOU ARE NOT WILLING TO BE BOUND BY ALL THE TERMS YOU MUST DISCONTINUE USE OF THE SITE AND/OR NETWORK. IF YOU ARE ACCEPTING THESE TERMS ON BEHALF OF ANOTHER PERSON OR A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE FULL AUTHORITY TO ACT FOR AND TO BIND THAT PERSON, COMPANY, OR LEGAL ENTITY TO THESE TERMS AND THAT YOU ARE OVER THE AGE OF THIRTEEN (13) AND THAT YOU REPRESENT YOURSELF AS BEING OF YOUR TRUE AGE.
Welcome to iEquine, the website that changes the way you work, market, manage and communicate in the Equine industry. We are dedicated to providing you with one of the most comprehensive interactive platforms in the industry, one where we can share information on our farm and horses, our businesses, and our passion for success. iEquine.com is not just a social network, it’s a revolution.
The iEquine Site and related services (together “Network”) are provided to you on the condition of your acceptance of this Agreement. This Agreement contains terms and conditions that apply to any individual or entity, and any participation or interaction with the site, whether or not they are a registered user of iEquine. Additional terms, including any Privacy Policies and other agreements, may apply to registered users including those requirements that govern the eligibility of interested registrants. This Agreement supplements any agreement you may have previously executed with iEquine, and to the extent that any terms and conditions set forth in this Agreement conflict with those set forth in any prior agreements, this Agreement shall supersede and the conflicting term(s) will have no force or effect.
PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR RIGHTS, RESPONSIBILITIES, OBLIGATIONS, AND LEGAL REMEDIES INCLUDING LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
The definitions that follow apply to this Agreement:
“API” means Application Program Interface or applications that retrieve data made available by iEquine or are specifically authorized by iEquine to connect with the Site and/or Network.
“Authorized User” means an individual or the partners, members, employees, temporary employees, and contractors of an organization that is eligible, registered, and has been approved to use the Site and/or Network. Authorized Users are required to provide their full legal name, a valid email address, and any other information that is requested by the Site or Network.
“Network” shall mean the iEquine Site and/or any related services offered by iEquine.
“Optional Enhancement” means any improvement, addition, update, review, or access to a specific portion of the Site or Network and made available by iEquine for an additional fee pursuant to a separate agreement between registered users and iEquine.
“You” means the individual, company, or legal entity that is registering with iEquine, including, without limitation, any partners, members, employees, temporary employees, and contractors of the approved individual or company.
3.1 Eligibility. Registration and participation on iEquine is void where prohibited. By using, interacting, or registering with the Site you agree and warrant that: (a) you are 13 years of age or older; (b) that your use of the site does not void any applicable law; and (c) you will provide truthful and accurate information at all times.
3.2 Registration. In order to use certain features of the Site or Network you must be an Authorized User. To be an Authorized User, you will need to create an account to participate or secure additional benefits from the Network. You are only allowed to register for one account per person or entity. In doing so, you agree that you will provide, maintain, and update true, accurate, current, and complete information about yourself as prompted by the registration process. Information that you may required to provide includes, but may not be limited to: contact information, consisting of legal name, date of birth, postal address, email address, and other information as supplemented.
In providing this information you agree that it is true and accurate, and that you, or your username, is not impersonating any person, entity, or company or misrepresents your identity or affiliation with any other person or entity, including using another person’s username, password or other information. This includes any image, name, likeness, voice, photograph, or mark that is the same or confusingly similar to any trademarked name. In addition, you agree to not register or use any username or provide identifiable information that is offensive in any way.
3.3 Accepted Use. By becoming an Authorized User you represent that as your interaction with site complies with, and therefore will continue to comply with for the duration of this agreement, all of the provisions of this agreement and does not violate the rights of any person or any duty owed to any other party, and that it does not violate any applicable law. You also agree that you will be solely responsible for the operation of information you provide, interaction with the site, or in connection with your use of any related services, as well as the accuracy and appropriateness of materials posted on the site. iEquine accepts no responsibility for monitoring individual user profiles, interactions, groups, or other related services. Although iEquine reserves the right to monitor certain activities, it has no obligation or responsibility to monitor, modify, or remove any inappropriate content, or for the conduct of content submitted to the Site.
3.4 Unauthorized Use.
(a) As an Authorized User you agree to notify iEquine immediately of any unauthorized possession, use, or knowledge of any component of the Site or Network to which Authorized User is given access under this Agreement and of other information made available to the Authorized User under this Agreement, by any person or organization not authorized by this Agreement to have such possession, use or knowledge. You will promptly furnish full details of such possession, use or knowledge to iEquine, and will assist in preventing the recurrence of such possession, use or knowledge, and will cooperate with iEquine, at your expense, in any litigation against third parties deemed necessary by iEquine to protect its proprietary rights. Your compliance with this Section shall not be construed in any way as a waiver of any right by iEquine to recover damages or obtain other relief against you for any act or omission which may have resulted in the unauthorized possession, use or disclosure.
(b) iEquine agrees to notify you immediately of any unauthorized possession, use, or knowledge of any of your data furnished to iEquine by you or otherwise accessible by you under this Agreement and of other information made available to you under this Agreement, by any person or organization not authorized by this Agreement to have such possession, use or knowledge. iEquine will promptly furnish full details of such possession, use or knowledge to you, will assist in preventing the recurrence of such possession, use or knowledge, and will cooperate with you, at your expense, in any litigation against third parties deemed necessary by you to protect your proprietary rights.
3.5 Prohibited Use. iEquine reserves the right, in its sole discretion, to determine whether anyone has violated this Agreement by using or providing content that is prohibited. The following is a list of conduct, behavior, and content that is prohibited, as determined by iEquine in its sole discretion, as well as your agreeing that:
A. You will not use, development or distribution of any automated software programs (bots), scripts, or other applications that are designed to modify, interact, or use the Site and/or Network;
B. You will abide by all local, state, federal, international or other applicable laws, including but not limited to, rules regarding acceptable online conduct;
C. You will not disrupt, attempt to, assist in, prohibit, or diminish any visitor or registered user’s experience or interaction with the Network, Site, or other related service;
D. You will not reproduce, modify, reverse engineer, disassemble, distribute, transmit, copy, or otherwise create any derivative works of any portion of the Site or Service;
E. Not collect, or use any software to collect, the personal information of any kind, impersonate, or create a false identity for any reason, including for the purpose of misleading others;
F. You will not use, upload, transmit, or distribute any content, images, or photographs which you do not own the rights to;
G. You will not interfere with any Site, Network, or any computer connected to the Network or Site;
H. You will not send, post, or request others to send or post, any unauthorized, unsolicited, or unwanted communications, including commercial messages (“spam”), junk mail, chain letters, mass mailing, instant messaging, phishing, or any other related conduct;
I. You will not post, request, distribute or engage in conduct that is patently offensive;
J. You will not post, request, distribute or engage in conduct that is sexually explicit or that can be construed as obscene or pornographic;
K. You will not post, request, distribute or engage in conduct that is or promotes violence, terrorism, profanity, racial, bigotry, hatred, or otherwise objectionable content;
L. You will not post, request, distribute, or engage in conduct that concerns illegal substances or activities;
M. You will not post, request, distribute, or engage in conduct that furthers or promotes warez, cracking, phishing, phreaking, or other similar activity;
N. You will not develop, post, or distribute any material or websites that contain viruses or any other computer code, file, or program that is designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications device;
O. You will not solicit any personal information from anyone under the age of 18;
P. You will not solicit the login information of any other user of the Site or Network;
Q. You will not use your personal profile, the Site, or Network for commercial gain (i.e. selling your account to others or placing links in your profile or on the site for pure optimization purposes); and
R. You will not engage in any other prohibited use or prohibited content that is determined by iEquine in its sole discretion;
S. You will not use or attempt to use another’s account, service or system without authorization from iEquine;
T. You will not maintain more than one user account per person or company without prior authorization from iEquine.
4.1 Term. The term of this Agreement, as well as any modifications or revisions of the Agreement by iEquine, shall commence upon the date of acceptance of this Agreement and shall remain in effect throughout the duration of your registration, participation, or use until terminated.
4.2 Termination. iEquine may terminate this Agreement immediately and without prior notice in the event of: (1) violation(s) of any provision of this Agreement, including the Privacy Agreement and other relevant documents, as may be amended; (2) use of the Site or Network in a way that iEquine reasonably believes is a violation of law, may result in serious injury or damage to any party or any non-party; and (3) dissolution or insolvency of any party to this agreement. In the event of termination, you will be notified by iEquine via email or mail at the last known address listed with iEquine. Once terminated, you will immediately cease representing yourself as a registered user or otherwise associated with, or using, visiting, or interacting with the Site and/or Network. In addition, iEquine reserves the right to reassign or rename your profile username or any vanity URL created by or provided for you. After termination, some provisions of this Agreement may remain in effect, including, but not limited to, any provisions on intellectual property, disparagement, warranty, disclaimer, liability, dispute resolution, or other provision as determined by iEquine.
5.1 Rights. By using or interacting with the site you agree to provide iEquine with a limited license for the use of any information or content you provide. In addition, an Authorized User is granted a non-exclusive, limited, revocable, and non-transferrable license to use the Site. This includes, but is not limited to, the content, organization, graphics, design, compilation, data, or other information provided by the iEquine or other third parties. You agree that all materials remain the sole property of iEquine, and agree to use the materials provided subject to this agreement. Furthermore, you agree that you do not have any right or claim to any intellectual property or derivative work within the meaning of the definition set forth in Section 101 of the U.S. Copyright Act.
Except for your own user generated information content, you agree that you will not upload or republish the content or any part of the Site on the internet, any intranet, database, or external site, or incorporate any of the information in any database or compilation. Such license is also subject to these Terms and does not permit the use of any data mining, robots, scraping, or other similar data gathering or extraction methods. Any violation or use of the Site or Network in a prohibited way will terminate your license to use the Site.
5.2 Limited License. By posting any content on, through or in connection with iEquine, or any interaction with the site covered by intellectual property rights, you hereby grant to iEquine a limited license to use, publicly perform, publicly display, reproduce, store, and distribute such content solely on, through or in connection with the Site or Network, for any purpose including, but not limited to, commercial, advertising, or otherwise on, or in connection with the Site, promotion thereof, preparation of derivative works, or incorporation into other works. You agree that any content or information you provide, including the limited license herein, is, and will continue to be, royalty free, unencumbered, transferable, worldwide, perpetual, fully paid, and can be sublicensed by iEquine. iEquine will retain this limited license indefinitely, or until you choose to remove your content or information, with full knowledge that iEquine may retain copies of your content or information for archival purposes only.
5.3 Non-Disclosure; Breach. You acknowledge that all of the terms of this Agreement, including without limitation, the intellectual property, content, user profiles and information, site data, and private interactions, are considered confidential by iEquine, and proprietary when available, and are to be held in confidence by you in accordance with this Agreement. These non-disclosure requirements will survive the termination of this Agreement.
5.4 Infringement Claim. In the event of a claim that your use or participation with the Network, in accordance with the terms of this Agreement, infringes any proprietary right of any third party, iEquine shall have the option, in its sole discretion, to: (a) if possible obtain the right to continue using the infringing item, (b) replace the infringing item or modify it so that it becomes noninfringing, or (c) terminate your participation and rights granted herein.
In addition, the Digital Media Copyrights Act (DMCA) provides copyright owners who believe that their rights have been infringed upon. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, please provide our Copyright Agent with the following information:
1. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. A description of the copyrighted work or other intellectual property that you claim has been infringed;
3. A description of where the material that you claim is infringing is located on the web site, with enough detail that we may find it on the web site;
4. Your address, telephone number, and email address;
5. Your statement that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
6. Your statement, 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.
iEquine’s Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
The Kelly Law Firm, L.L.C.
13430 N. Scottsdale Rd.
Scottsdale, AZ 85254
5.5 Notice. You shall promptly notify iEquine in the event of the threat or initiation of any claim, demand, action or proceeding to which any infringement claim set forth above may apply and shall assist iEquine, at its request, and in your sole expense, in the defense or settlement of the matter.
5.6 Non-liability. iEquine shall not be liable for any alleged infringement, including that which is based upon modification of any related materials provided by users, or iEquine or use of the Site or Network in combination with other products or services, even if such claim would have been avoided but for such modification or combination.
6.1 Representations. By virtue of having read and accepted the term of service and conditions of use, you hereby warrant to iEquine as follows:
a. All the information provided to iEquine that is required to register with the Site, and all information provided hereafter, is true, correct, and complete;
b. You have the full right and capacity to enter into this agreement, and are eligible to do so, as determined by the terms of this Agreement and in iEquine’s sole discretion;
c. This Agreement constitutes your legal, valid, and binding obligation, enforceable against you in accordance with its terms, and you agree not to contest the validity or enforceability of this Agreement under the provisions of applicable law relating to whether certain agreements are to be in writing or signed by the party to be bound thereby;
d. You will remain in compliance with all relevant foreign, federal, state, ordinances, regulations, orders, licenses, permits, judgments, decisions, local laws, and other requirements of any governmental authority that has jurisdiction over it; whether those laws are now in effect or come into effect during the time of your use or participation in the Network;
e. You will continue to abide by the terms and standards of eligibility found in Section 3 as if fully set forth herein;
f. You will not send any unsolicited email, or otherwise violate any provisions of the CAN-SPAM act;
g. You will remain in compliance with any applicable policies or rules of iEquine;
h. You will not post any disparaging messages to outside newsgroups, chat rooms, bulletin boards, or internet forums about iEquine or any of its users;
i. You are not, nor are You acting on behalf of any person or entity that is, prohibited from engaging in transactions with U.S. citizens, nationals or entities under applicable U.S. law and regulation;
j. You acknowledge and agree that you are solely responsible for payment of Optional Enhancements;
k. You have the legal right to post all content, copyrighted material, products and/or services;
l. You will not attempt to alter, conceal, manipulate, or otherwise render inoperable or ineffective any portion of the Site, Network, or user content, including site tags, source codes, links, pixels, modules or other data provided by or obtained from iEquine and/or third parties;
m. You acknowledge and accept that iEquine does not make any representations, warranties, or any specific or implied promise as to the successful outcome of your use or participation in the Site and/or Network;
n. You agree you will not alter any content/materials that has been submitted to the Site for commercial gain; and
o. You agree that if any errors or undesirable results occur in connection with recording, calculating, viewing, using, interacting, or otherwise participating with the Site or related Network service, due to no fault of iEquine, that iEquine will not be responsible for any associated losses.
THE SITE, NETWORK, OR OTHER OPERATION OF IEQUINES (COLLECTIVELY “IEQUINE”), ITS USE AND THE RESULTS OF SUCH USE IS PROVIDED ON AN “AS IS” BASIS. IEQUINES MAKES NO EXPRESS OR IMPLIED WARRANTIES OR REPRESENTATIONS WITH RESPECT TO THE NETWORK, SITE, OR ANY OF THE PRODUCTS OR SERVICES SOLD THROUGH THE NETWORK, AND IN NO EVENT SHALL IEQUINE, ITS RESELLERS, OR ADVERTISERS BE LIABLE TO YOU OR ANY THIRD PARTY (INCLUDING, WITHOUT LIMITATION, ANY CUSTOMERS OBTAINED MARKETING EFFORTS) FOR ANY DAMAGES OF ANY KIND ARISING FROM OR RELATED TO YOUR USE OF THE NETWORK, SITE, DATA, ADVERTISERS' UNDERLYING PRODUCTS AND/OR SERVICES OR YOUR DISPLAY OF ANY MATERIAL, CONTENT OR OFFERS ON OR THROUGH YOUR WEBSITES AND/OR E-MAILS AND/OR ANY OTHER INTELLECTUAL PROPERTY INCLUDING, BUT NOT LIMITED TO, SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES EXCEPT WHERE PROHIBITED BY VIRTUE OF LAW, EVEN IF IEQUINE OR ADVERTISER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE SITE AND NETWORK, ALONG WITH ANY MATERIALS, OFFERS, PROGRAMS, DATA, ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES, INFORMATION AND CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS AND ALL WARRANTIES, EXPRESS AND IMPLIED, ARE DISCLAIMED (INCLUDING, WITHOUT LIMITATION, THE DISCLAIMER OF ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE). THE SITE, NETWORK, SERVICE, OR RELATED OFFERS, PROGRAMS, SITE, DATA AND/OR ADVERTISERS' UNDERLYING PRODUCTS AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. IEQUINE AND/OR ADVERTISER HAS NO LIABILITY, WHATSOEVER, TO YOU OR ANY THIRD PARTY, FOR YOUR USE OF, OR INABILITY TO USE, THE SITE, SERVICE, MATERIALS, OFFERS, PROGRAMS, DATA AND/OR ADVERTISERS UNDERLYING PRODUCTS OR SERVICES AND IEQUINE DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, THAT YOUR USE OF SAME WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT ANY OF THE PROGRAMS WILL BE AVAILABLE TO YOU. THE NEGATION OF DAMAGES SET FORTH HEREINABOVE IS A FUNDAMENTAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES INVOLVED, INCLUDING YOU AND IEQUINE. YOU AGREE AND ACCEPT THAT THE SITE WOULD NOT BE PROVIDED TO YOU WITHOUT THE LIMITATIONS SET FORTH. IEQUINE MAKES NO REPRESENTATION OR WARRANTY WITH RESPECT TO ANY RESULTS OBTAINABLE THROUGH THE SITE, NETWORK, MATERIALS, OFFERS, DATA AND/OR PROGRAMS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM IEQUINE OR ADVERTISER, THROUGH THE SITE, NETWORK, OFFERS, DATA AND/OR PROGRAMS SHALL CREATE ANY WARRANTY, REPRESENTATION AND/OR GUARANTEE NOT EXPRESSLY STATED IN THE AGREEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE ABOVE EXCLUSION(S) MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, IEQUINE AND/OR ADVERTISERS LIABILITY IS LIMITED TO THE SMALLEST AMOUNT PERMISSIBLE BY LAW. THIS SECTION WILL SURVIVE THE FAILURE OF ANY EXCLUSIVE OR LIMITED REMEDY.
7.1 Third Party Sites. Our Site may contain (or you may be sent through the Site or the Service) links to other web sites (“Third Party Sites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the “Third Party Applications, Software or Content”). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites, Software or Content posted on, available through or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.
7.2 Sharing, API, and Link Services. We may offer a feature whereby users can connect with the site via an API, or other authorized application, and/or share with others or post to their member profiles, videos, articles, of other authorized Third Party Sites certain content or information. You agree and acknowledge that your use of this service and all links will fully comply with the user conduct set forth in this Agreement as well as any terms and conditions of use on the site or location where you place the link or content. You agree and acknowledge that in doing so iEquine cannot control or dictate the actions of the other Third Party Site. iEquine will not be responsible for any infringement or misuse, and makes no warranties, express or implied, as to the Third Party Sites. You agree to hold iEquine harmless, indemnify, and defend it, its subsidiaries, and each of their directors, officers, employees, agents, partners, or others for any loss, liability, claim, demand, damages, costs and expenses, including reasonable attorneys fees, arising out of the share and link service, or for other content that may be shared or posted through such link, or any breach or alleged breach of the foregoing representations and warranties.
You agree to fully defend, indemnify, including reasonable attorneys’ fees and costs) by third parties arising out of, or related to your use or participation in, the Site and/or Network, including, but not limited to: (1) your violation of this Agreement; (2) your improper use of the Site/Network; (3) allegations concerning intellectual property infringement; (4) breach of any of your warranties, representation and hold iEquine, its subsidiaries, Advertisers, and each of their respective officers, partners, members, managers, employees, agents and attorneys, harmless from and against any and all claims, threats, allegations, liabilities, costs, taxes, and expenses. Without limiting the foregoing, you agree to not settle any claim without the consent of iEquine. In addition, you agree to be fully responsible for any and all taxes, whether state or local, and related fees, costs, transaction fees, and penalties incurred by iEquine and/or any of its third party partners.
You may not sell, assign, or otherwise transfer this Agreement and the rights enumerated through it, without the prior written consent of iEquine. Any party assigned must be eligible and complete the application process before becoming a respective successor or assigns. Furthermore, before any sale, transfer, or assignment can be finalized, any debt or obligations owed to iEquine by the party wishing to assign must be satisfied in full.
10.1 Disputes Generally. The Agreement, and any disputes related to it, will be construed and governed by the laws of the State of Arizona, without regard to its conflict of laws principles. The parties hereby undertake to use good faith efforts to settle all disputes arising under this Agreement. Failing settlement, all disputes, including without limitation claims of breach of contract, fraud in the inducement and negligence, shall be referred to binding arbitration in Phoenix, Arizona in accordance with the Commercial Rules of Arbitration of the American Arbitration Association.
10.2 Arbitrator. The parties shall use their best efforts to appoint an arbitrator who is knowledgeable in computer technology within seven (7) days after receipt by one party of the other party's notice of intention to arbitrate. If the parties are unable to agree on a single arbitrator within such period, either party may request appointment of an arbitrator by the American Arbitration Association, and the arbitrator so appointed shall be the sole arbitrator. The decision of the arbitrator shall be final and may be enforced in any court of competent jurisdiction.
10.3 Expense of Arbitration. The prevailing party in any proceeding shall be reimbursed by the other party for all expenses incurred in connection with arbitration, including but not limited to reasonable attorneys' fees and costs.
11.1 Modification. Your continued use of the Site and/or Network must be in full accordance with this Agreement and any modifications to it by iEquine. iEquine reserves the right to make changes to the Site, the Network, and the terms and conditions of this Agreement at any time. Your continued use after any such modification shall constitute your consent to such modification. In the event you no longer agree with any modifications, you will immediately cease to be an Authorized User and you must notify iEquine immediately of this desire, upon which your account, and any such rights thereunder, will be terminated.
11.2 Severability. If any provision of this Agreement shall be held to be invalid, illegal or unenforceable for any reason, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby.
11.3 Relationship of Parties. iEquine, and any developers or operators of applications will be and shall act as independent contractors, and no party is authorized to act as or shall be an agent or partner of, or joint venturer with, the other party for any purpose, unless otherwise authorized by iEquine in writing in a separate agreement. Neither party by virtue of this Agreement shall have any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
11.4 Notices. Any notices under this agreement shall be in writing and shall be deemed to be delivered when deposited in the United States registered mail, postage prepaid, return receipt requested, or when sent by facsimile transmission promptly confirmed by return transmission. Any notice from iEquine to you may include all electronic mail to the primary contact email address is deemed an acceptable means of notification. All notices by other parties shall be directed to iEquine at the respective addresses set forth below or to such other address as it may, from time to time, designate by notice to the other party.
11.5 Injunctive Relief. In the event that: (a) you or any of your members or guests attempts or threatens to use, copy, license, or convey the items supplied by, or through, the Site or Network hereunder in a manner contrary to the terms of this Agreement, or (b) either party attempts or threatens to violate its obligations, the aggrieved party shall have, in addition to any other remedies available to it, the right to injunctive relief. Each party hereby acknowledges that other remedies at law are inadequate in the circumstances set forth herein.
11.6 Governing Law. This Agreement, and any and all tort claims that may arise in connection with the Site, Network, or Agreement and any related services, will be governed by the substantive laws of the State of Arizona, County of Maricopa.
11.7 Force Majeure. Except for any failure to make required payments neither party shall be liable for any damages or penalty for any delay in performance of, failure to perform, or any performance of an obligation hereunder or for the failure to give notice when such delay or failure is due on account of interruptions to telecommunications, internet, or network failure; computer hacking or denial of service attacks, elements of God, government regulation or deregulation, political instability, labor conditions, acts of war, acts of terrorism, natural disasters, or any other cause which is beyond the reasonable control of the party; however, no party shall be relieved of its obligations hereunder, if its failure of performance is due to removable or remediable causes which such party fails to remove or remedy using commercially reasonable efforts within a reasonable time period. Either party rendered unable to fulfill any of its obligations under this Agreement by reason of an uncontrollable force shall give prompt notice of such fact to the other, followed by written confirmation of that notice, and shall exercise due diligence to remove such inability with all reasonable dispatch.
11.8 Non-Waivers. No express or implied waiver by either party of any event of default hereunder shall in any way be, or be construed as, a waiver of any future or subsequent event of default.
11.9 Survival. The respective rights and obligations of the parties shall survive the termination of this Agreement.
11.10 Entire Agreement. The parties acknowledge that this Agreement constitutes the entire agreement between the parties as of the date hereof with respect to the subject matter hereof, and that this Agreement supersedes any and all prior and contemporaneous communications, whether oral or written. The parties agree that iEquine may amend or modify this Agreement as provided for in Section 11.1.
11.11 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which shall be taken together and constitute one and the same instrument.
You must be at least 13 years of age or older to use the Site. If you are under the age of 13, please do not attempt to register for the Site or provide any personal information to us. If we discover that we have obtained any personal information from any person under the age of 13, we will use our best efforts to remove that information as soon as possible.
It is the intent of the iEquine to comply with the California Business and Professions Code §§ 22575-22579. If you are a California resident you may request certain information regarding our disclosure of personal information to any third parties for their direct marketing purposes.
To request this information you may email us at privacy@iEquine.com or write us:
iEquine c/o Privacy Manager
28150 N. Alma School Pkwy.
Scottsdale, AZ 85262
To participate or secure additional benefits from the Site, you are required to create an account. To do so you must first be eligible, as defined in the Terms of Service and any other policies we have provided. In doing so, you agree that you will provide, maintain, and update true, accurate, current and complete information about yourself as prompted by our registration process. Information that you will be required to provide includes, but may not be limited to, contact information, consisting of an email address, password, date of birth, address, and various questions pertinent to the services offered by iEquine.
In providing this information you agree that it is true and accurate, and that you are not impersonating any person or entity or misrepresenting your identity or affiliation with any other person or entity, including using another person’s email address, password, organization or other information. This includes any image, name, likeness, voice, photograph, or mark that is the same or confusingly similar to any trademark. In addition, you agree to not register or use any username or provide identifiable information that is offensive in any way.
iEquine reserves the right to reject or remove any username that does not meet applicable standards at iEquine’s sole discretion. iEquine may suspend or terminate your account or your ability to use the Site or any portion thereof for failure to comply with these terms.
As a registered user, or any visitor who is attempting to register with the Site, you will be providing personal information to the Site. This information may, but is not limited to, your name, email, date of birth, and address. In addition, use of this site may provide registered users with the opportunity to provide other personal information either through the Site or through third party sites, of which iEquine maintains no responsibility for, and disclaims all liability associated through the use of third party links on the Site. We encourage you to be aware of the content you are viewing and the link you may be clicking when you are about to leave our site and to read the privacy statements of any sites you may visit.
iEquine may also arrange for users and visitors to provide additional information from surveys, reviews, or other actions that may require you to express your interest in certain activities and interests. Some of this information may include metadata that will be collected, stored, and used by iEquine unless removed by you.
Any personal information or content that is publicly posted or otherwise disclosed, either publicly or privately, via usage of the Site may be collected. For instance, certain features and functionalities of the Site may require you to interact or participate and the information obtained through such usage may be collected.
iEquine uses both “session ID cookies” and “persistent cookies.” iEquine uses session cookies to make it easier for you to navigate the Site. A session ID cookie expires when you close your browser. A persistent cookie enables iEquine to track and target the interests of users to enhance the experience on the Site. Your web browser allows you to control and limit cookies on your computer. If you reject cookies, you may still use the Site, but your ability to use some areas or functions of the Site may be impacted.
In order to provide you with the best possible web experience, iEquine may also need to provide general information about you to pre-approved third party applications that you or other organizations may use. iEquine does not own or operate any applications or individual sites that you may use other than the Site and related iEquine Program(s). In addition, any third party sites, or other applications that we have no control over, may utilize applications to export your information to tools like RSS feeds, databases, address books, or copy and paste information from this site. Again, iEquine does not maintain any third party sites and thus disclaims all liability associated with the use of such.
If a registered user, potential user, or visitor of the Site sends information about the Site, including the URL, you assume that certain data will be collected about your IP address or your email address and that of the referring person. You accept full responsibility for referring pages or email to anyone, and will do so in full compliance with any applicable SPAM or privacy laws and agree to indemnify iEquine and its owners, directors, officers, employees, agents and representatives in their individual capacity, for any damage intentional or unintentional that results from said referrals or sharing of the Site with third parties.
We may employ third party companies and individuals to facilitate our services on our behalf, to perform tasks (e.g. without limitation, maintenance services, database management, web analytics and improvement of the Program). These third parties may have access to your information only to perform those tasks, and are obligated not to disclose or use it for any other purpose. The hosting provider for this Site has the ability to record various pieces of information, including domain name, pages accessed, date and time of access, web browser type and computer operating system, and referring information. This information is stored in our server log and may be accessible to us from time to time.
Being a part of this Site means sharing information about yourself with others, communicating with them, as well as browsing privately on your own. It is our goal to fulfill our mission of bringing users together by helping them establish connections, exchange ideas, and make decisions in a network of like-minded individuals. Therefore, an important part of our services includes being able to provide information to you and to enable you to be able to provide information about yourself to iEquine and other users of the Site.
By becoming a user, or otherwise contacting the Site for the purposes of becoming a user, you expressly consent to receiving communications from us via email, fax, telephone, mail, or any other delivery method. You also expressly consent to the use by iEquine and other users of the site for information provided by you for that purpose. The use of information as described above may or may not be used to contact you. By providing information to us for the purposes of creating your user account or by contacting us with the intention of becoming a user you agree that we may communicate with you through email, internal Site messaging services, or other means of communication that you have provided us including mobile text messages. Please be aware that if we send communications to any mobile phones or other devices you understand and agree that you will pay for any such service fees associated with receipt of messages on such device (including text messages).
We may also send you information that helps you to enhance your user experience as well as promotional information directly or on behalf of other users or partners of the Site. Unless otherwise notified, certain information may be shared with other users of the site via internal or external communications. We may also use any information to help improve or promote the Site and/or our partners sites. However, any such use will be done with anonymity in mind so that no individual user can be identified or linked to a specific action or function of the Site.
In addition we may also contact you with service related announcements about the Site. iEquine may also use your registered name and email address to provide you with signiﬁcant announcements about Site functions or services that you are registered to use, about the Site, about any user account you may create, about fulﬁllment of a speciﬁc transaction you have requested, or about other signiﬁcant developments that may affect your use of the Site. You cannot opt-out of this kind of email.
iEquine may hire other companies to provide limited services on our behalf, including packaging, mailing and delivering products, answering customer questions about products or services, sending postal mail and processing event registration. We will only provide those companies the information they need to deliver the services, but we do not control them regarding using that information for other purposes.
iEquine may release information concerning your use of the iEquine website, services and products (including, but not limited to, posted public content, registration information, and network records) when it believes in good faith that such release is appropriate to comply with the law (for example, pursuant to a statutory demand, subpoena, warrant or court order), to protect against fraudulent, abusive or unlawful use of the iEquine, to protect iEquine’s rights or property, enforce any contract between you and iEquine, or if iEquine reasonably believes that a situation involving danger of death or injury to any person requires disclosure.
You can review and edit the personal information you have provided to us by logging into your account on the Site and editing your account. Although most changes may occur immediately, information may still be stored in a web browsers cache. We take no responsibility for stored information in your cache, or in other devices that may store information, and disclaim all liability of such. In addition, we may, from time to time, retain residual information about you in our backup and/or database.
The Site takes measures to protect the security of your personal information and your usage of the site. We take strong precautions to protect your data from loss, misuse, unauthorized access, disclosure, alteration or destruction. However, you understand and agree that the purpose of the Site is to facilitate the exchange of information with iEquine and other third parties, and, as a consideration for viewing, communicating with, or using the Site in any manner, you waive all claims of any nature against iEquine and its owners, directors, officers, employees, agents and representatives concerning the loss, alteration, or misuse of information.
No security measures are perfect. There is no guarantee that any information may not be accessed, disclosed, altered, or destroyed by any breach of any physical, technical, or other safeguards. Nor can we guarantee that any information that you share on the Site or with other users will not become publicly available. You assume all responsibility and liability for, and agree to hold iEquine and its owners, directors, officers, employees, agents and representatives harmless for the use or misuse your personal data, including the use of such data by others that use such information in an inappropriate way or that may cause you harm.
Individuals under 13 years of age are not allowed to apply for the program. If you are under the legal age of 13 years old do not apply for or submit any personal information to this website. If you are under the age of 13 years old, cease use of this website immediately.
If you have any questions, comments or concerns regarding our Privacy Statement and/or practices, please contact us at the following e-mail address, mailing address and telephone number:
iEquine c/o Privacy Manager
28150 N. Alma School Pkwy.
Scottsdale, AZ 85262