By accessing this web site, you are agreeing to be bound by these?web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from?using or accessing this site. The materials contained in this web site are?protected by applicable copyright and trade mark law.
a. Permission is granted to temporarily download one copy of the materials?(information or software) on Equine Specialties’s web site for personal,?non-commercial transitory viewing only. This is the grant of a license,?not a transfer of title, and under this license you may not: i. modify or copy the materials; ii. use the materials for any commercial purpose, or for any public display (commercial or non-commercial); iii. attempt to decompile or reverse engineer any software contained on Equine Specialties’ web site; iv. remove any copyright or other proprietary notations from the materials; or v. transfer the materials to another person or “mirror” the materials on any other server. b. This license shall automatically terminate if you violate any of these restrictions and may be terminated by Equine Specialties at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
a. The materials on Equine Specialties’s web site are provided “as is”. Equine Specialties makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Equine Specialties does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.
In no event shall Equine Specialties or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Equine Specialties’s Internet site, even if Equine Specialties or a Equine Specialties authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.
Revisions and Errata
The materials appearing on Equine Specialties’s web site could include technical, typographical, or photographic errors. Equine Specialties does not warrant that any of the materials on its web site are accurate, complete, or current. Equine Specialties may make changes to the materials contained on its web site at any time without notice. Equine Specialties does not, however, make any commitment to update the materials.We may edit, delete or modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by posting a notice or a new agreement on our site. YOUR CONTINUED PARTICIPATION IN OUR PROGRAM, VISIT AND SHOPPING IN OUR SITE FOLLOWING OUR POSTING OF A CHANGE NOTICE OR NEW AGREEMENT ON OUR SITE WILL CONSTITUTE BINDING ACCEPTANCE OF THE CHANGE.
PRODUCT PRICING & DESCRIPTIONS
The List Price displayed for products on our website represents the full retail price listed on the product itself, suggested by the manufacturer or supplier, or estimated in accordance with standard industry practice; or the estimated retail value for a comparably featured item offered elsewhere. The List Price is a comparative price estimate and may or may not represent the prevailing price in every area on any particular day. For certain items that are offered as a set, the List Price may represent "open-stock" prices, which means the aggregate of the manufacturer's estimated or suggested retail price for each of the items included in the set. Where an item is offered for sale by one of our merchants, the List Price may be provided by the merchant. In cases of mispriced in our catalogs in which the item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation. We do not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. If a product offered in our website is not as described, your sole remedy is to return it in unused condition.
Acknowledgment of rights
You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the Program except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, decompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
FRAUDULENT ACTIVITIES are highly monitored in our site and if fraud is detected Equine Specialties shall resort al remedies available to us, and you shall be responsible for all costs and legal fees arising from these fraudulent activities.
This Agreement shall be governed by and construed in accordance with the substantive laws of Montana, without any reference to conflict-of-laws principles. Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Montana, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence. The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein. Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice. In the event that any provision of these Terms and Conditions is found invalid or unenforceable pursuant to any judicial decree or decision, such provision shall be deemed to apply only to the maximum extent permitted by law, and the remainder of these Terms and Conditions shall remain valid and enforceable according to its terms.
You agree not to disclose information you obtain from us and or from our clients, advertisers and suppliers. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Equine Specialties. Such customer information is confidential and may not be disclosed. Publisher agrees not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner.
Failure of Equine Specialties to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect. No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
Payments AND PROCESSES OF INVOICES
Equine Specialties has the sole discretion to provide the terms of payment. Unless otherwise agreed, payment must first be received by Equine Specialties prior to the latter’s acceptance of an order. Unless credit term has been agreed upon, payment for the products shall be made by credit card, paypal or wire transfers. Invoices are due and payable within the time period noted on your invoice, measured from the date of the invoice. An order may be invoice separately. Equine Specialties has all the discretion to cancel or deny orders. Equine Specialties is not responsible for pricing, typographical, or other errors in any offer by Equine Specialties and reserves the right to cancel any orders arising from such errors. Invoices must be paid within 15 days of the invoice date. For all but consumer purchases, Equine Specialties reserves the right to charge you a late penalty charge of 1% per month applied against undisputed overdue amounts or the maximum rate permitted by law whichever is less. Every 30 days thereafter, you will continue to be charged an additional late penalty charge. All prices are listed in US Funds, shipping charges and duties are extra.
Please contact us for a Return Authorization Number on any item to be returned. You may return any item purchased from Equine Specialties (except for DVDs and CDs) within 15 days from the date of purchase for a complete refund, less shipping charges and less 15% restocking fee. If the product is returned unused and in its original packaging, a full refund (less shipping cost) may be issued. Items up to 30 days from the date of purchase (except power equipment) may be returned and are subject to a restocking fee of up to 30% determined by the condition of the item returned. The amount of refund or credit for power equipment returned after 30 days will be determined on an individual basis. When returning any item you are responsible for shipping costs. After 60 days, no returns will be accepted. Repairs will be provided free of charge for items under warranty. If warranty is expired or non existent, Equine Specialties will charge a fee for repairs, which will be determined upon the condition of the product.
SHIPPING and RISK OF LOSS
You will be notified if your order cannot be shipped within 48 hours. Shipping discrepancies must be reported within 30 days of invoice. All shipments are made via UPS or USPS. All items purchased from our website are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.
WARRANTY DISCLAIMER AND LIMITATIONS OF LIABILITY
We will not be liable for indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this Agreement or the Program, even if we have been advised of the possibility of such damages. Further, our aggregate liability arising with respect to this Agreement and the Program will not exceed USD2,00 or the total price of the subject products paid or payable to you whichever is less. We make no express or implied warranties or representations with respect to the Program or any products sold and offered in our website (including, without limitation, warranties of fitness, merchantability, non-infringement, or any implied warranties arising out of a course of performance, dealing, or trade usage). In addition, we make no representation that the operation of our site will be uninterrupted or error-free, and we will not be liable for the consequences of any interruptions or errors. This site and its information, contents, materials, products and services are provided on an “as is” and “as available” basis. You and understand and agree that your use of this site is at your own risk.