Table of Contents:
1. Use of Website:
The Website and the Content herein are protected both by U.S. and/or foreign copyright laws, and belong solely to Equine Marketing Success and/or its affiliates, partners, contributors or third parties. The copyrights in the Content are owned by Equine Marketing Success and/or other copyright creators and owners who have authorized their use on the Equine Marketing Success Website. You may reprint or download the Content for personal interest, and non-commercial, non-public use only. When viewing this Website as an employee, student or member of any business or organization, you may download and re-print Content ONLY for educational or other non-commercial purposes within your business or organization, except as otherwise may be permitted by Equine Marketing Success. Additionally, you may not manipulate or alter in any way images or other Content on the Website.
All Trademarks belong solely to Equine Marketing Success and/or its affiliates, partners, contributors or third parties. You are prohibited from using any of the marks or logos appearing throughout this Website without expressed permission from each trademark owner, except as may be permitted by applicable law.
3. Links to Third-Party Web Websites:
4. Linking to this Website:
If you would like to link to the Website, you must follow Equine Marketing Success's link guidelines. Generally, you are granted a revocable and nonexclusive right to create a hyperlink to this Website so long as the link does not portray Equine Marketing Success, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any Equine Marketing Success logo or other Content as part of the link without express written consent of Equine Marketing Success. Unless specifically authorized by Equine Marketing Success, you may not connect "deep links" to the Website, i.e., create links to this Website that bypass the home page or other parts of the Website. You may not mirror or frame the home page or any other pages of this Website or its Content on any other web Website or web page. If you breach any of these Terms and Conditions, your authorization to use this Website immediately and automatically terminates and you must, without delay, delete and destroy any downloaded or printed Content here from.
5. Submission of Data to this Website by User:
However, Equine Marketing Success does welcome feedback regarding many areas of Equine Marketing Success's existing businesses that will help satisfy our customer's needs. Suggestions and feedback can be provided through the many listed contact areas on the Website. Please be advised that any suggestions or feedback you provide shall be deemed a submission under the Terms and Conditions of this Section 5. "Submission of Data to this Website by User."
6. Downloading Software, Files and Content:
Equine Marketing Success cannot and does not guarantee or warrant that any files and Content available for downloading through this Website will be free of infection by software viruses, malware or other harmful computer code, files or programs. User assumes all risk when engaging in a Download process. Additionally, it is fully acknowledged that any software that may be available for download via this Website is solely the copyrighted work of Equine Marketing Success and/or its licensors, and the use of such software is governed entirely by the terms of the End User License Agreement that accompanies or is included with the software. Downloading, installing, and/or using any such software indicates your acceptance of the Terms and Conditions of the End User License Agreement.
7. Disclaimer of Warranties:
EQUINE MARKETING SUCCESS MAKES NO EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER WITH RESPECT TO THE WEBSITE, THE SERVICE OR THE CONTENT. EQUINE MARKETING SUCCESS EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, WITH REGARD TO THE WEBSITE, THE SERVICE, THE CONTENT, AND ANY PRODUCT OR SERVICE FURNISHED OR TO BE FURNISHED VIA THE WEBSITE. EQUINE MARKETING SUCCESS DOES NOT WARRANT THAT THE FUNCTIONS PERFORMED BY THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS IN THE WEBSITE OR THE SERVICE WILL BE CORRECTED. EQUINE MARKETING SUCCESS DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE CONTENT, OR THAT ANY ERRORS IN THE CONTENT WILL BE CORRECTED. THE WEBSITE, THE SERVICE AND THE CONTENT ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EQUINE MARKETING SUCCESS FURTHER DOES NOT WARRANT THAT THIS WEBSITE, ITS SERVERS, OR E-MAIL SENT FROM EQUINE MARKETING SUCCESS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. Limitation of Liability:
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, EQUINE MARKETING SUCCESS'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL, IN NO EVENT, EXCEED $100.00.
You understand and fully agree that you, and ONLY you, are personally responsible for your behavior on this Website. You also agree, without reservation, to indemnify, defend and hold harmless Equine Marketing Success, its parent companies, including 2 The Top Marketing, Inc., subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, sub-contractors, consultants, agents, and any third-party information providers to the Service from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of your use, misuse, or inability to use this Website, the Service, or the Content, or any violation by you of this Agreement.
11. User Conduct:
You, the user, explicitly agree to use this Website only for the use with which it is intended as described herein and ONLY for lawful purposes. You agree to never invoke any action that may compromise the security of the Website, render the Website inaccessible to others or otherwise cause damage to the Website or the Content. You further agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the Website in any manner that might interfere with the rights of any party, in particular, Equine Marketing Success, its parent companies, including 2 The Top Marketing, Inc., subsidiaries, affiliated companies, joint venture partners, business partners, licensors, employees, sub-contractors, consultants, and agents as well as any other third party.
12. General Provisions of this Agreement:
b. Correction of Errors and Inaccuracies. The Content on this Website may inadvertently contain one or more typographical errors or other errors or inaccuracies and, therefore, may not be complete, factual or current. Equine Marketing Success therefore reserves, at its sole discretion, the right to correct any errors, inaccuracies or omissions and to change or update the Content at any time it deems necessary without prior notice to a user. Equine Marketing Success does not, however, guarantee that any errors, inaccuracies or omissions will be corrected.