Equine Marketing Success™ Website Terms of Use

Equine Marketing Success, a division of 2 The Top Marketing, Inc., manages and operates this Website for the purpose of providing online access to information about Equine Marketing Success and the products and services we provide (the "Service") to the Equine Marketplace. When you visit, access and use this Website, you completely agree to each and all of the Terms and Conditions contained herein ("Terms of Use"). Additional Terms and Conditions may be applicable to specific areas or pages of this Website. Where applicable,  other Terms and Conditions  related to particular content or transactions are posted in the respective areas of this Website and, combined in their entirety with these Terms of Use, govern your use of those areas, web pages, content or transactions. Specifically, these Terms of Use, together with all other additional Terms and Conditions, are collectively referred to as this "Agreement".

Equine Marketing Success reserves the right to amend this Agreement and the Terms of Use contained herein at any time without giving you or any other party prior notice. Your use of this Website following any such amendment or modification constitutes your complete agreement to follow, abide by, and be bound by the Agreement as amended or modified. The last date these Terms of Use were revised is set forth below.  To ensure that you are fully aware of the most recent amendments and modifications to the Terms of Use that apply each time you browse and access this Website, we encourage you to frequently and thoroughly review this Agreement for the latest revision.

Table of Contents:

1. Use of Website:
You may use the Service, the Website, and all information included in this Website, including but not limited to any text, graphics, images, logos, button icons, data compilations, software, audio and video that you see, hear or otherwise experience on this Website (singularly or collectively, the "Content") solely for your personal interests and non-commercial purposes and/or to learn about Equine Marketing Success' products and services. No right, title or interest in any Content is transferred to you, whether as a result of downloading such Content or otherwise transmitted. Equine Marketing Success reserves complete title and full intellectual property rights in all Content. Except as is expressly authorized within this Agreement, you may not under any circumstances use, alter, adapt, copy, distribute, publish, transmit, sell, or derive another work from any Content obtained in any form or manner from this Website or the Service, except as is expressly permitted by the Terms of Use.

 2. Copyright:
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.

2.1 Trademarks:
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:
Links on this Website to other third party web Websites or information are provided for your convenience only and the presence of such links does not constitute or imply that Equine Marketing Success endorses, recommends or represents them in any way. Equine Marketing Success does not control and is not responsible for the availability of any such Websites, nor is Equine Marketing Success responsible or liable for any such Website or the content thereon. If you use the links to the Websites of Equine Marketing Success' affiliates or service providers, you will leave this Website, and you will be completely subject to the Terms of Use and the Privacy Policy applicable to those individual Websites.  Equine Marketing Success' disclaims all warranties, expressed or implied, as to the accuracy, legality, reliability or validity of any Content of such 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:
Other than the personally identifiable information collected, which is covered on the Privacy Policy page of this Website, any material, content, data, information or other communication you transmit or post to this Website ("Communications") will be considered non-confidential and non-proprietary. Equine Marketing Success's will NOT assume any obligations with respect to the Communications. You hereby grant Equine Marketing Success's and its designees a nonexclusive, royalty-free, uncompensated, perpetual, irrevocable, and fully sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display throughout the world in any media the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. Additionally, you are prohibited from posting or transmitting to or from this Website an unlawful, threatening, libelous, defamatory, obscene, pornographic, invasive of privacy, infringing of intellectual property rights, or other material that would violate any law. Equine Marketing Success's reserves the right (but not necessarily the obligation) to remove or edit such content, but does not regularly review posted content.

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:
IN NO EVENT WILL EQUINE MARKETING SUCCESS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR OTHER INDIRECT DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE THE WEBSITE, THE SERVICE, OR THE CONTENT, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE WEBSITE; (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE WEBSITE, THE SERVICE AND/OR THE CONTENT, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE WEBSITE, THE SERVICE, OR THE CONTENT, EVEN IF EQUINE MARKETING SUCCESS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS, INFORMATION OR SERVICES FROM THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. IF YOU ARE DISSATISFIED WITH THE WEBSITE, THE SERVICE, THE CONTENT, OR WITH THE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

 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.

9. Indemnification:
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.

10. Privacy Policy:
Click here to see Equine Marketing Success's Privacy Policy.

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:
a. Entire Agreement/No Waiver. These Terms of Use comprise the entire agreement of the parties with respect to the subject matter hereof. No waiver by Equine Marketing Success of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

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.

c. Enforcement/ Choice of Law/ Choice of Forum. If any part of this Agreement is determined by a court of competent jurisdiction to be invalid or unenforceable, it will not impact any other provision of this Agreement, all of which will remain in full force and effect. Any and all disputes relating to this Agreement, Equine Marketing Success's Privacy Policy, your use of the Website, any other Equine Marketing Success Website, the Service, or the Content are governed by, and will be interpreted in accordance with, the laws of the State of New Hampshire, without regard to any principles of conflicts of laws. Additionally, if you choose to access this Website from boundaries outside of the United States of America, you do so on your own initiative and are responsible for compliance with applicable local laws with the final determination being interpreted in accordance with, the laws of the State of New Hampshire.