PASO FINO HORSE ASSOCIATION
WEBSITE TERMS & CONDITIONS OF USE
The terms and conditions provided below govern your use of pfha.org and its features as well as any other PFHA-branded or co-branded websites and applications (including sub-domains, international versions, widgets, mobile versions, and mobile apps) (the “Website”) operated by Paso Fino Horse Association (“Association”). By accessing and utilizing the Website, you agree, without limitation or qualification, to be legally bound by these terms and conditions. If you fail to comply with these terms and conditions, your permission to use the Website automatically terminates and we may terminate your use of the Website, block or otherwise bar you from future usage of the Website, and take any other action we deem necessary and appropriate, whether in law or in equity.
The Association reserves the right to modify these terms and conditions from time to time, in our sole discretion, and any such changes are effective immediately upon posting to our Website.
1. Use of the Website. You agree not to use the Website for any action or communication that is unlawful, prohibited by these Terms and Conditions, false, misleading, intimidating, threatening, harassing, defamatory, obscene, indecent, infringing, unsolicited and commercial, soliciting the performance of any illegal activity, or infringing upon the rights of the Association or any third party.
You agree not to interfere, or attempt to interfere, with the operations of the Website or to use any device or software that will interfere, or attempt to interfere, with the operations of the Website. You agree not to take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Website or any systems or networks connected to the Website. You agree not to distribute in any medium any part of the Website or use any part of the Website for commercial use except as authorized by these Terms and Conditions. You agree not to alter or modify, or attempt to alter or modify, any part of the Website except as authorized by these Terms and Conditions. The Association may, in its sole discretion, monitor or review discussions, chats, postings, transmissions, bulletin boards, and other elements of the Website, but the Association is under no obligation to do so and we do not assume any responsibility or liability arising from same.
You agree not to probe or test the vulnerability of the Website or any network connected to the Website, nor breach the security or authentication measures on the Website or any network connected to the Website. You agree not to take actions to seek or discover the information of other users of the Website or of the Association’s customers except as authorized by these Terms and Conditions. You agree not to attempt to gain unauthorized access to any portion of the Website or any systems or networks connected to the Website. You agree not to interfere or attempt to interfere with the use of the Website by other users.
2. User Submissions to the Website. Any communication (including advertisements) which you post or submit to the Website is considered to be non-confidential and public.
You retain all intellectual property ownership of your submissions. By posting communications to the Website, you automatically grant the Association a royalty-free, perpetual, irrevocable, worldwide, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees.
You hereby represent and warrant that you are the sole author of any content (including advertisements) you post or submit to the Website, and that such content does not infringe upon the copyright or other intellectual property rights of any person or entity.
The Association reserves the right to modify, edit, or delete any content on the Website, including user profiles and other content submitted by users.
3. User Accounts and Security. As a user of the Website, you may receive or establish an account (“Account”). You may give administrative access to an Account to up to four authorized representatives; however, you are solely responsible for choosing and designating your authorized representatives and maintaining the confidentiality and security of your Account, including all information necessary to access your Account. You should not reveal your Account information to anyone except your authorized representatives or use anyone else’s Account. You are entirely responsible for all activities that occur on or through your Account, and you agree to immediately notify the Association of any unauthorized use of your Account or any other breach of security. The Association shall not be responsible for any claims, obligations, liabilities, costs, debt, expenses, losses, damages, charges, fees, or fines, including legal fees, accounting fees, business interruption damages, lost profits, and punitive, incidental, special, or consequential damages arising out of the authorized or unauthorized use of your Account, whether arising as a contract, negligence, tort, or other action.
In order to maintain the integrity of the account information on the Association, you agree that: (i) you will not provide any false company or personal information on the Association; (ii) you will not create an account for anyone other than your company, or yourself, without permission; (iii) if we suspend or close your account, you will not create another one without permission; (iv) you will keep your contact information accurate and up-to-date; and (v) you will not transfer your account (including any page you administer) to anyone without first getting our written permission.
4. Agreement to Pay. By placing a credit card or ACH direct payment account on file with us, you authorize us to charge your card for all fees you accrue as a result of using the Website. BY USING A CREDIT CARD, YOU HEREBY UNCONDITIONALLY WAIVE ANY AND ALL CHARGEBACK RIGHTS YOU MAY HAVE. If you deliberately or inadvertently issue a chargeback to your credit card, your Account will be terminated and you shall pay the Association a $50 processing and collection fee.
You agree to pay the full purchase amount (including taxes, fees, shipping costs, or other terms that may apply to your specific purchase) for all products and services you purchase through the Website. YOU ARE RESPONSIBLE FOR THE TIMELY
PAYMENT OF ALL FEES AND CHARGES (e.g., overdraft or other bank fees) AND FOR PROVIDING VALID PAYMENT INFORMATION. All sales are final. All fees are non-refundable.
The Association may cancel any transaction, limit your ability to make a payment, or deactivate your account if we believe the transaction violates these Terms and Conditions or to prevent financial loss. We have the right to inquire about your identity and creditworthiness at our sole discretion, and we may share details of any transactions with your payment source issuer, law enforcement, or impacted third parties, if we believe doing so may prevent a violation of the law or financial loss.
5. Taxes and Legal Requirements. You are solely responsible for reporting, paying, collecting, and remitting any sales tax, use tax, VAT, transaction tax, transfer tax, or any other applicable fee or tax that may be assessed on your transaction. You agree to defend, indemnify, and hold the Association harmless from and against any and all liabilities, damages, claims, and costs that may result from your failure to properly report, pay, collect, or remit any applicable tax or fee.
You are also solely responsible for understanding and following all relevant state, federal, and international laws and regulations that may apply to your transaction. We strongly encourage Association users to learn about the laws of their own country as well as the countries where they plan to do business, and to hire experts where necessary. You agree to defend, indemnify, and hold the Association harmless from and against any and all liabilities, damages, claims, and costs that may result from your failure to comply with any applicable laws or regulations.
6. Right to Change Prices and Availability of Products or Services. Prices (including the calculation of sales fees) and availability of products or services are subject to change at any time at the Association’s sole discretion.
7. Automatic Renewal. If you sign up for auto-renewal of your Association membership, your membership will automatically re-new in accordance with PFHA’s auto-renewal guidelines.
8. Disputes and Reversals. If you believe that an unauthorized transaction has taken place under your Association account, you agree to notify the Association immediately. You hereby waive all claims against the Association related to payments unless you submit the claim to the Association within 30 days after the charge. You are responsible for and agree to reimburse the Association for all reversals, claims, fees and other liability or expense incurred by the Association that were caused by payments that you authorized or accepted.
9. Electronic Signatures and Contracts. Your use of the Website includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO
BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SITE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
10. Limitations on Liability. The material on the Website may contain inaccuracies or typographical or other errors. The Association makes no representations about the accuracy, reliability, completeness, or timeliness of the material on the Website. Use of the Website and any information contained therein is at your own risk. The content of the Website may or may not be periodically updated or revised at any time. These Terms and Conditions shall apply with equal force to any and all such updates or revisions.
COMPANY DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES AND OTHER HARMFUL GOODS OR COMPUTER CODE THAT MAY BE TRANSFERRED TO YOUR COMPUTER WHEN DOWNLOADED. IF YOUR USE OF THE WEBSITE AND OF THE CONTENT CONTAINED THEREIN RESULTS IN THE NEED FOR SERVICING OR REPLACEMENT OF EQUIPMENT OR DATA, COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS.
The Website and its content are delivered on an “as-is” basis. The Association reserves the right to change or discontinue any or all content or features of the Website or services offered through the Website without notice.
THE ASSOCIATION DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE WEBSITE AND ALL PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE. BY USING THE WEBSITE, YOU AGREE THAT THE ASSOCIATION WILL NOT BE LIABLE FOR ANY FAILURE, MODIFICATION, SUSPENSION, OR DISCONTINUANCE OF THE WEBSITE OR OF ANY CONTENT, FEATURE, PRODUCT, OR SERVICE OFFERED THROUGH THE WEBSITE.
The Association makes no warranty that the use of material or content displayed on the Website will not infringe upon the rights of third parties neither owned by nor affiliated with the Association.
11. Disclaimer of Damages. IN NO EVENT SHALL THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES. YOU AGREE THAT THERE IS NO SUCH LIABILITY EVEN IN THE EVENT THAT THE ASSOCIATION IS NOTIFIED BEFOREHAND OF THE POSSIBILITY OF DAMAGES. YOU AGREE THAT THE LIABILITY, IF ANY, OF THE ASSOCIATION, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR ITS AFFILIATES ARISING OUT OF ANY LEGAL CLAIM CONNECTED TO THE WEBSITE IS LIMITED TO THE AMOUNT YOU PAID THE ASSOCIATION TO USE THE WEBSITE OR ITS SERVICES.
Some States do not allow such limitations of damages for certain legal categories, so the above limitation or exclusion may not apply to you or may be limited as per the laws and regulations of your State.
12. Indemnity. You agree to indemnify, defend and hold harmless the Association, its officers, directors, employees, agents and affiliates from and against any and all claims, damages, obligations, losses, liabilities, costs, debt, and expenses including, but not limited to, legal and accounting fees, resulting from your use or misuse of the Website or your breach of these Terms and Conditions.
13. Copyrights and Trademarks. Our Website is owned and operated by the Association. Unless otherwise specified, our Website contains materials and information, in various formats, including, but not limited to, images, illustrations, photographs, graphs, messages, videos, audio, software, data, and text that are the sole property of the Association, ALL RIGHTS RESERVED. The copyright and other proprietary rights and interests in all of this information are owned by the Association, our affiliates, or someone who has granted the Association a license to use the information or materials. You may view, download, print, and retain a copy of pages of the Website only for your personal use. You may use the Association’s “Link to Us” logos and buttons to post links to the Website, provided you do not only place the logo or button on any Website that you do not have permission to do so. Except as expressly authorized in these terms and conditions, you may not use, download, upload, copy, print, display, perform, reproduce, republish, license, post, transmit or distribution any information from our Website in whole or in part without our prior written consent. Requests for any such consent should be directed to email@example.com.
The trademarks, service marks, and logos displayed on our Website are registered and common-law trademarks of the Association, and others. No license or right to use any trademark contained on our Website is granted to you and any use of any such mark contained on this Website is expressly prohibited unless you obtain the prior written authorization to use such mark from the Association or such other third party holder of the mark. If you have a specific question related to the marks on our Website or a request for the use of such marks, please direct your inquires to firstname.lastname@example.org.
15. Third Party Websites. The Website may contain links to other websites, which may or may not be controlled, operated, affiliated or hosted by the Association. Certain links are provided on the Website in order to provide visitors to our site with other points of interest or connections to our partners via the internet; the inclusion of any such link(s) on the Website does not mean nor should it be construed to mean such website is affiliated with the Association, unless such affiliation is specifically stated. We make no representations or warranties, nor do we assume any responsibility with regard to any other website that you may access through the Website.
16. Termination. If you fail, or if the Association suspects that you have failed, to comply with any of the provisions of these Terms and Conditions, including but not limited to failure to make payment of fees due, failure to provide accurate and complete registration data, failure to safeguard your Account information, violation of these Terms and Conditions, or infringement or other violation of third parties’ rights, the Association, at its sole discretion, without notice to you may: (i) terminate your Account, and you will remain liable for all amounts due under your Account up to and including the date of termination; and/or (ii) preclude your or any user’s access to the Website (or any part thereof).
The Association reserves the right to modify, suspend, or discontinue the Website (or any part or content thereof) at any time with or without notice to you, and the Association will not be liable to you or to any third party should it exercise such rights.
17. Export Control. The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agreed to abide by these laws and their regulations.
18. Governing Law. These Terms and Conditions and any disputes arising out of or related to the use of the Website or these Terms and Conditions will be construed and governed in accordance with the laws of the Commonwealth of Kentucky, without regard to its conflict of laws principles. All actions brought to interpret or enforce any provision of these Terms and Conditions shall be brought in the federal or state courts located in or applicable to Lexington, Kentucky, and each party agrees to waive any defense or claim of lack of personal jurisdiction, the inappropriateness of venue, or forum non conveniens
19. Dispute Resolution. Any controversy arising out of or relating to the use of this Website or these Terms and Conditions may at the election of either party be settled exclusively and finally by arbitration. The arbitration shall be conducted in accordance with the commercial arbitration rules created by the American Arbitration Association. All submissions to arbitration shall be made within forty-five (45) days of the date upon which the controversy to be arbitrated arose. The arbitration shall be conducted before a sole arbitrator, and under no circumstance shall punitive damages be awarded in the arbitration. Any award rendered in such arbitration proceedings shall be final and binding on each of the parties, and judgment may be entered thereon in a court of competent jurisdiction.
21. Contact/Address for Legal Notice. All questions, comments and legal notices should be submitted to:
PASO FINO HORSE ASSOCIATION email@example.com
Last Revised: July 1, 2018