Terms of Use, Service & Conditions
Morgan Equine
Effective Date: January 03, 2021
PLEASE READ THESE TERMS of Use, Service & Conditions carefully.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use, Service & Conditions.
Parties
The parties to these Terms of Use, Service & Conditions are you, and Equine Daily Nutrition, LLC, equinedailynutrition.com. All references to “company”, “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business.
Modification
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY COMPANY AT ANY TIME. Recent modifications and their effective dates are at the bottom of this page. Your continued use of this site following our positing of a modification notice or new terms of use, service and conditions will constitute binding acceptance of the modification or new terms of use. Some or our services may have additional rules, policies and procedures (“ADDITIONAL TERMS”) where additional terms apply. We will make them available for you to read in connection with your use of that service. By using that service, you agree to the additional terms.
Eligibility
If requested, you agree to provide us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under 18, you may only use our Websites and Apps with the supervision of a parent or guardian 18 years of age or older.
Use And Restrictions
Subject to these Terms of Use, Service and Conditions and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sub license, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
You are responsible for your use of the Services, and for any purchase or use of the Services made using your account. If you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If any individual is authorized by virtue of such individual's relationship to, or permissions from, you, to access and use the Services, you agree that you shall be responsible for all of your actions and the actions of any such users. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company.
When you use the Services, you may not:
If you elect to download or use any App, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sub license) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove any of your content at our discretion at any time. You acknowledge that Company, and not any of its licensors, shall be solely responsible to furnish any maintenance and support services with respect to the App and you agree to contact Company with regard to the same. Software provided to you as part of the Services may contain open source software. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Online Purchases/Cancellation
If you are using the Websites or purchasing Products or Services for the first time, we may supply you with a User Identification ("User ID.") and password. In connection with any future orders, you may be asked to input your User ID., or the User ID. may automatically be supplied. You are responsible for maintaining the security of your password and User ID.
We reserve the right to cancel any purchase, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or Product description or insufficient inventory. If we do cancel a purchase, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy. If you have pre-ordered any Product, you may cancel your order at any time prior to shipment and you will receive a full refund or credit.
Product Guarantee Policy
Except as provided herein, a 90 day money-back guarantee is offered on all Company Products and customers who are not completely satisfied may return Products for a replacement or full refund within 90 days from the purchase date (not including shipping charges). Please allow one (1) week for processing and an additional one (1) week for a refund to appear on your card statement. Promotional products, samples and gift items may not be returned for monetary value.
Posting and Submissions to this site
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
If you submit any ideas, suggestions or testimonials to Company, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet or on social media. You may only post or submit ideas, materials and content to the Websites or as part of the Services if you have obtained appropriate copyright and other permission to post such materials and you hereby grant Company and its licensors the right to use such materials. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
Defamation; Communications Decency Act Notice
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Ownership & Copyright Restrictions
The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The Websites, Apps and Services are owned and operated by Company and/or its licensors. The Websites, Apps and Services, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps, Services or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites, Apps, Services or elsewhere. The Services may contain a copy of the Speex codec in executable form. Use of the Speex codec is subject to the conditions and disclaimers listed in the revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. Copyright 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
The Websites, Apps and Services may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, or modified. You may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps, Services or any Content or components that are available on the Websites, Apps or Services. You may not make commercial use of any web page or Services provided by Company, including redistribution or copying by any means, other than as authorized by Company.
You agree not to interfere or take action that results in interference with or disruption of the Websites, Apps or Services or servers or networks connected to the same. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites, Apps or Services. Company reserves all other rights. Except as expressly provided herein, nothing on the Websites, Apps or as part of the Services will be construed as conferring any license under Company's and/or any third party's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Websites and Services, including the App, or any part thereof, at any time without prior notice.
DMCA Notice
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Morgan Equine
169 Tucker Hill Road
Locke, NY 13092
Telephone: 607-592-2573
Email Address: [email protected]
Email Subject Title: Claimed Infringement
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Copyright Permission
Permission is granted for viewing the Website and Services pages on the Internet and Content via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites, Services or Apps, the information, including any Content, data or files incorporated in or generated by the Websites, Services or Apps are owned by Company and/or its licensors and Company and/or its licensors retain complete title to the information and all property rights therein. All other rights are reserved.
Trademarks
All Content, product names, trademarks, service marks and logos on the Websites Apps or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.
Anti-Spam PolicyCompany prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING THE PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
Separate Agreements
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
Warranty Disclaimers
COMPANY AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR THE SERVICES, THE WEBSITES, OR INFORMATION CONTAINED ON THE WEBSITES OR APPS.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS." YOU USE THE PRODUCTS AND SERVICES SOLELY AT YOUR OWN RISK. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITES OR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU AGREE TO LOOK SOLELY TO COMPANY AND NOT ANY OF ITS LICENSORS IN THE EVENT OF ANY CLAIM FOR DAMAGES RELATED TO THE SERVICES.
THE SERVICES ARE NOT INTENDED TO BE AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION BY COMPANY OR ITS LICENSORS FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. NOTHING CONTAINED IN THE WEBSITES OR APPS IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE BY COMPANY OR ITS LICENSORS FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTHCARE PROVIDER. THE WEBSITES AND SERVICES ARE NOT MEDICAL DEVICES OR A MEDICAL PROGRAM. WE DO NOT PROVIDE VETERINARY, HEALTH OR MEDICAL ADVICE FOR ANY PURPOSE, INCLUDING ANY VETERINARY, HEALTH OR MEDICAL ADVICE REGARDING ANY ASPECT OF YOUR PARTICIPATION IN A DIET OR FITNESS PROGRAM. ALL INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR VETERINARIAN OR HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.
Use of the Websites or Apps does not replace medical consultations with a qualified health professional. You exercise your own judgment when purchasing any Product or selecting a healthcare professional and Company disclaims all responsibility for the professional qualifications and licensing of, and services provided by any health provider via the Websites or Apps.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR PURCHASE OR USE OF THE SERVICES.
THE CUMULATIVE LIABILITY OF COMPANY AND ITS LICENSORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT PAID TO COMPANY BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE IN THE INDIVIDUAL TRANSACTION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITES, PRODUCTS OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE PRODUCTS OR SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution
You and Company agree to resolve any disputes between us. If you believe that Company has not adhered to this Agreement or you have any dispute with Company, please contact Company using the contact information provided below. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings.
All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Products, Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be heard and determined by a single arbitrator. The arbitration shall take place in Cayuga County, New York, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New York, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
Jurisdiction And Venue
The courts of Cayuga County in the State of New York, USA and the nearest U.S. District Court in the State of New York shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use, Service & Conditions
Links to This Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
Links to Third Party Websites
We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites terms of use and privacy policy.
Participation In Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Consumer Rights Information
California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Morgan Equine
169 Tucker Hill Road
Locke NY 13092
email contact: [email protected]
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Intended For Use Only Within The United States
This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Severability
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Waiver
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Force Majeure
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Apple App Store
When you download our Apps, you may do so through Apple Inc.'s (“Apple”) App Store. You acknowledge that the terms of this Agreement are between you and us and not with Apple or the App Store. As between Apple and us, we, and not Apple, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Apple in connection with the Services, including the App.
The following applies to any App Store Sourced Application:
Unenforceability
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
Authority
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
ContactYou may contact us by writing us at the address or email address listed below:
Attn: Client Services
Morgan Equine
169 Tucker Hill Road
Locke NY 13092
[email protected]
Email Subject line: Client Services
Privacy Policy
Company has customer information and privacy policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference. You hereby agree to be bound by Company's Privacy Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including Internet or e-mail addresses, about Company's customers or other users.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
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Material Modifications Since January 03, 2021: None.
Morgan Equine
Effective Date: January 03, 2021
PLEASE READ THESE TERMS of Use, Service & Conditions carefully.
By accessing or otherwise using this site, you agree to be bound contractually by these Terms of Use, Service & Conditions.
Parties
The parties to these Terms of Use, Service & Conditions are you, and Equine Daily Nutrition, LLC, equinedailynutrition.com. All references to “company”, “we”, “us”, “our”, this “website” or this “site” shall be construed to mean this website business.
Modification
WE RESERVE THE RIGHT TO CHANGE THE TERMS AND CONDITIONS OF THIS AGREEMENT OR TO MODIFY OR DISCONTINUE THE SERVICES OFFERED BY COMPANY AT ANY TIME. Recent modifications and their effective dates are at the bottom of this page. Your continued use of this site following our positing of a modification notice or new terms of use, service and conditions will constitute binding acceptance of the modification or new terms of use. Some or our services may have additional rules, policies and procedures (“ADDITIONAL TERMS”) where additional terms apply. We will make them available for you to read in connection with your use of that service. By using that service, you agree to the additional terms.
Eligibility
If requested, you agree to provide us with complete and current registration information. Persons under 13 are prohibited from providing personal information on our Websites or via our Apps. If you are under 18, you may only use our Websites and Apps with the supervision of a parent or guardian 18 years of age or older.
Use And Restrictions
Subject to these Terms of Use, Service and Conditions and our Privacy Policy, you may use the public areas of this site, but only for your own internal purposes. You agree not to access (or attempt to access) this site by any means other than through the interface we provide, unless you have been specifically allowed to do so in a separate agreement. You agree to comply with the instructions set out in any robots.txt file present on this site. You are not authorized to (i) resell, sub license, transfer, assign, or distribute the site, its services or content; (ii) modify or make derivative works based on the site, its services or content; or (iii) “frame” or “mirror” the site, its services or content on any other server or Internet-enabled device. All rights not expressly granted in this Agreement are reserved by us and our licensors.
You are responsible for your use of the Services, and for any purchase or use of the Services made using your account. If you are using the Services on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If any individual is authorized by virtue of such individual's relationship to, or permissions from, you, to access and use the Services, you agree that you shall be responsible for all of your actions and the actions of any such users. Our goal is to create a positive experience in connection with our Services. To promote this goal, we prohibit certain kinds of conduct that may be harmful to other users or to Company.
When you use the Services, you may not:
- violate any law or regulation;
- violate, infringe, or misappropriate other people's intellectual property, privacy, publicity, or other legal rights;
- post or share anything that is illegal, abusive, harassing, harmful to reputation, pornographic, indecent, profane, obscene, hateful, racist, or otherwise objectionable;
- send unsolicited or unauthorized advertising or commercial communications, such as spam (additionally, please read our Anti-Spam Policy in Section 11 below);
- transmit any viruses or other computer instructions or technological means whose purpose is to disrupt, damage, or interfere with the use of computers or related systems;
- stalk, harass, or harm another individual;
- impersonate any person or entity or perform any other similar fraudulent activity, such as phishing;
- use any means to scrape or crawl any Web pages or Content (as herein defined) contained in the Websites or Apps (although Company may allow operators of public search engines to use spiders to index materials from the Websites for the sole purpose of creating publicly available searchable indices of the materials, and Company reserves the right to revoke these exceptions either generally or in specific cases);
- use automated methods to use the Websites or Apps;
- attempt to circumvent any technological measure implemented by Company or any of Company's providers or any other third party (including another user) to protect the Websites or Apps;
- attempt to decipher, decompile, disassemble, or reverse engineer any of the software used to provide the Websites or Apps; or
- advocate, encourage, or assist any third party in doing any of the foregoing
If you elect to download or use any App, the following also applies: Company grants you a personal, revocable, non-exclusive, non-transferable license (without a right to sub license) to download, install and use a copy of the App on a single mobile device or computer that you own or control solely for your personal and professional use, subject at all times to this Agreement, including the restrictions on use, the acceptable use provisions and our right to remove any of your content at our discretion at any time. You acknowledge that Company, and not any of its licensors, shall be solely responsible to furnish any maintenance and support services with respect to the App and you agree to contact Company with regard to the same. Software provided to you as part of the Services may contain open source software. Furthermore, with respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.
Online Purchases/Cancellation
If you are using the Websites or purchasing Products or Services for the first time, we may supply you with a User Identification ("User ID.") and password. In connection with any future orders, you may be asked to input your User ID., or the User ID. may automatically be supplied. You are responsible for maintaining the security of your password and User ID.
We reserve the right to cancel any purchase, even if it has been previously confirmed by us in writing, as a result of incorrect or mistaken pricing or Product description or insufficient inventory. If we do cancel a purchase, you will receive a full refund or credit as appropriate and you acknowledge and agree that a refund or credit is your sole remedy. If you have pre-ordered any Product, you may cancel your order at any time prior to shipment and you will receive a full refund or credit.
Product Guarantee Policy
Except as provided herein, a 90 day money-back guarantee is offered on all Company Products and customers who are not completely satisfied may return Products for a replacement or full refund within 90 days from the purchase date (not including shipping charges). Please allow one (1) week for processing and an additional one (1) week for a refund to appear on your card statement. Promotional products, samples and gift items may not be returned for monetary value.
Posting and Submissions to this site
We will not treat information that you post to areas of this site that are viewable by others (for example, to a blog, forum or chat-room) as proprietary, private, or confidential. We have no obligation to monitor posts to this site or to exercise any editorial control over such posts; however, we reserve the right to review such posts and to remove any material that, in our judgment, is not appropriate. Posting, transmitting, promoting, using, distributing or storing content that could subject us to any legal liability, whether in tort or otherwise, or that is in violation of any applicable law or regulation, or otherwise contrary to commonly accepted community standards, is prohibited, including without limitation information and material protected by copyright, trademark, trade secret, nondisclosure or confidentiality agreements, or other intellectual property rights, and material that is obscene, defamatory, constitutes a threat, or violates export control laws.
If you submit any ideas, suggestions or testimonials to Company, we have the right to use your submission without charge in any manner that we deem appropriate, including posting on the Internet or on social media. You may only post or submit ideas, materials and content to the Websites or as part of the Services if you have obtained appropriate copyright and other permission to post such materials and you hereby grant Company and its licensors the right to use such materials. You agree that you will not violate or infringe the rights of third parties, including privacy, publicity and intellectual and proprietary rights, such as copyright or trademark rights.
Defamation; Communications Decency Act Notice
This site is a provider of “interactive computer services” under the Communications Decency Act, 47 U.S.C. Section 230, and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Ownership & Copyright Restrictions
The material provided on this site is protected by law, including, but not limited to, United States copyright law and international treaties. The Websites, Apps and Services are owned and operated by Company and/or its licensors. The Websites, Apps and Services, including but not limited to software, content, text, photographs, images, graphics, video, audio and the compilation as a whole ("Content"), are copyrighted under U.S. copyright and other laws by Company or its licensors, unless otherwise noted. You must abide by all additional copyright notices or restrictions contained in the Websites, Apps, Services or elsewhere. You may not delete any author attributions, legal or proprietary notices in the Websites, Apps, Services or elsewhere. The Services may contain a copy of the Speex codec in executable form. Use of the Speex codec is subject to the conditions and disclaimers listed in the revised BSD license found at http://www.xiph.org/licenses/bsd/speex/. Copyright 2002-2003, Jean-Marc Valin/Xiph.Org Foundation.
The Websites, Apps and Services may not be used, displayed, copied, reproduced, distributed, republished, uploaded, downloaded, posted, transmitted, mirrored, or modified. You may not redistribute, sell, translate, modify, reverse-engineer or reverse-compile or decompile, disassemble or make derivative works of the Websites, Apps, Services or any Content or components that are available on the Websites, Apps or Services. You may not make commercial use of any web page or Services provided by Company, including redistribution or copying by any means, other than as authorized by Company.
You agree not to interfere or take action that results in interference with or disruption of the Websites, Apps or Services or servers or networks connected to the same. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Websites, Apps or Services. Company reserves all other rights. Except as expressly provided herein, nothing on the Websites, Apps or as part of the Services will be construed as conferring any license under Company's and/or any third party's intellectual property rights, whether by estoppel, implication or otherwise. Notwithstanding anything herein to the contrary, Company may revoke any of the foregoing rights and/or your access to the Websites and Services, including the App, or any part thereof, at any time without prior notice.
DMCA Notice
This site is an Internet “service provider” under the Digital Millennium Copyright Act, 17 U.S.C. Section 512 (“DMCA”). As Required by the DMCA, this site maintains specific contact information provided below, including an e-mail address, for notifications of claimed infringement regarding materials posted to this site. All notices should be addressed to the contact person specified below (our agent for notice of claimed infringement):
Notification of Claimed Infringement:
Morgan Equine
169 Tucker Hill Road
Locke, NY 13092
Telephone: 607-592-2573
Email Address: [email protected]
Email Subject Title: Claimed Infringement
You may contact our agent for notice of claimed infringement specified above with complaints regarding allegedly infringing posted material and we will investigate those complaints. If the posted material is believed in good faith by us to violate any applicable law, we will remove or disable access to any such material, and we will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright infringement, the DMCA requires that you include the following information: (i) description of the copyrighted work that is the subject of claimed infringement; (ii) description of the infringing material and information sufficient to permit us to locate the alleged material; (iii) contact information for you, including your address, telephone number and/or e-mail address; (iv) a statement by you that you have a good faith belief that the material in the manner complained of is not authorized by the copyright owner, or its agent, or by the operation of any law; (v) a statement by you, signed under penalty of perjury, that the information in the notification is accurate and that you have the authority to enforce the copyrights that are claimed to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed information may result in the delay of the processing of your complaint.
Copyright Permission
Permission is granted for viewing the Website and Services pages on the Internet and Content via the Apps, subject to the terms and conditions of this Agreement. In the event that information is downloaded from the Websites, Services or Apps, the information, including any Content, data or files incorporated in or generated by the Websites, Services or Apps are owned by Company and/or its licensors and Company and/or its licensors retain complete title to the information and all property rights therein. All other rights are reserved.
Trademarks
All Content, product names, trademarks, service marks and logos on the Websites Apps or as part of the Services, unless otherwise noted, are wholly owned or validly licensed by Company. Trademarks, service marks and logos owned by third parties remain the property of such third parties.
Monitoring
We reserve the right, but not the obligation, to monitor your access and use of this site without notification to you. We may record or log your use in a manner as set out in our Privacy Policy.
Anti-Spam PolicyCompany prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending multiple messages similar in content to any persons, entities, newsgroups, forums, email lists, or other groups or lists unless prior authorization has been obtained from the email recipient or unless a business or personal relationship has already been established with the email recipient. Company also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with Company, and/or its products and services. Company prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service, or otherwise.
IF YOU OR ANYONE YOU KNOW IS "SPAMMED" BY SOMEONE WHO IS SELLING OR DESCRIBING THE PRODUCTS OR SERVICES, PLEASE CONTACT US PROMPTLY SO THAT WE MAY TAKE APPROPRIATE ACTION.
Separate Agreements
You may acquire products, services and/or content from this site. We reserve the right to require that you agree to separate agreements as a condition of your use and/or purchase of such products, services and/or content.
Warranty Disclaimers
COMPANY AND ITS LICENSORS DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, COMPATIBILITY, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO THE PRODUCTS OR THE SERVICES, THE WEBSITES, OR INFORMATION CONTAINED ON THE WEBSITES OR APPS.
THE PRODUCTS AND SERVICES ARE PROVIDED "AS IS." YOU USE THE PRODUCTS AND SERVICES SOLELY AT YOUR OWN RISK. WE AND OUR LICENSORS DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, AND THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE INFORMATION OR OTHER MATERIALS THAT ARE AVAILABLE ON OR THROUGH THE SERVICES. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS, INCLUDING LOSS OF DATA, RESULTING FROM YOUR USE OF THE WEBSITES OR THE SERVICES. YOU WILL BE SOLELY RESPONSIBLE FOR MAINTAINING INDEPENDENT ARCHIVAL AND BACKUP COPIES OF ANY INFORMATION MADE AVAILABLE THROUGH THE WEBSITES OR SERVICES. ALTHOUGH WE INTEND TO TAKE REASONABLE STEPS TO PREVENT THE INTRODUCTION OF VIRUSES AND OTHER DESTRUCTIVE MATERIALS TO THE SERVICES, WE DO NOT GUARANTEE OR WARRANT THAT THE SERVICES OR MATERIALS THAT MAY BE DOWNLOADED FROM THE SERVICES DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO THE FOREGOING. YOU AGREE TO LOOK SOLELY TO COMPANY AND NOT ANY OF ITS LICENSORS IN THE EVENT OF ANY CLAIM FOR DAMAGES RELATED TO THE SERVICES.
THE SERVICES ARE NOT INTENDED TO BE AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION BY COMPANY OR ITS LICENSORS FOR A SPECIFIC TREATMENT PLAN, PRODUCT OR COURSE OF ACTION. NOTHING CONTAINED IN THE WEBSITES OR APPS IS INTENDED TO CONSTITUTE PROFESSIONAL ADVICE BY COMPANY OR ITS LICENSORS FOR MEDICAL DIAGNOSIS OR TREATMENT OR TO ADVOCATE OR RECOMMEND THE PURCHASE OR SELECTION OF ANY PRODUCT, SERVICE OR TO ENDORSE OR GUARANTEE THE QUALIFICATIONS, CREDENTIALS OR APPROPRIATENESS OF ANY HEALTHCARE PROVIDER. THE WEBSITES AND SERVICES ARE NOT MEDICAL DEVICES OR A MEDICAL PROGRAM. WE DO NOT PROVIDE VETERINARY, HEALTH OR MEDICAL ADVICE FOR ANY PURPOSE, INCLUDING ANY VETERINARY, HEALTH OR MEDICAL ADVICE REGARDING ANY ASPECT OF YOUR PARTICIPATION IN A DIET OR FITNESS PROGRAM. ALL INFORMATION PROVIDED ON THIS SITE IS FOR INFORMATIONAL PURPOSES ONLY. YOU SHOULD CONSULT WITH YOUR VETERINARIAN OR HEALTHCARE PROVIDER REGARDING ANY MEDICAL CONDITION.
Use of the Websites or Apps does not replace medical consultations with a qualified health professional. You exercise your own judgment when purchasing any Product or selecting a healthcare professional and Company disclaims all responsibility for the professional qualifications and licensing of, and services provided by any health provider via the Websites or Apps.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY PERSONAL INJURY OR FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR PURCHASE OR USE OF THE SERVICES.
THE CUMULATIVE LIABILITY OF COMPANY AND ITS LICENSORS TO YOU FOR ALL CLAIMS ARISING FROM OR RELATING TO THIS AGREEMENT, YOUR USE OF THE WEBSITES OR YOUR PURCHASE OR USE OF PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, ANY CAUSE OF ACTION SOUNDING IN CONTRACT, TORT, OR STRICT LIABILITY, WILL NOT EXCEED THE TOTAL AMOUNT PAID TO COMPANY BY YOU FOR THE SPECIFIC PRODUCT OR SERVICE IN THE INDIVIDUAL TRANSACTION GIVING RISE TO SUCH LIABILITY. THIS LIMITATION OF LIABILITY IS INTENDED TO APPLY WITHOUT REGARD TO WHETHER OTHER PROVISIONS OF THIS AGREEMENT HAVE BEEN BREACHED OR HAVE PROVEN INEFFECTIVE OR IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW FOR LIMITED LIABILITY OR EXCLUSION OF IMPLIED WARRANTIES, SO NOT ALL OF THE ABOVE LIMITATIONS MAY APPLY TO YOU. YOU ACKNOWLEDGE AND UNDERSTAND THAT THE DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE AGREEMENT BETWEEN THE PARTIES HERETO, THAT THE PARTIES HAVE RELIED UPON SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, AND THAT ABSENT SUCH DISCLAIMERS, EXCLUSIONS AND LIMITATIONS OF LIABILITY, THE TERMS AND CONDITIONS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
Indemnification
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS COMPANY, ITS AFFILIATES, LICENSORS, SUPPLIERS, AGENTS, INDEPENDENT CONSULTANTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS' FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE WEBSITES, PRODUCTS OR THE SERVICES, OR IN CONNECTION WITH YOUR ACCOUNT OR ANY OTHER PERSON'S USE OR ACCESS TO THE PRODUCTS OR SERVICES BY OR THROUGH YOUR ACCOUNT, WITH OR WITHOUT YOUR PERMISSION, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.
Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the State of New York, USA, excluding rules regarding conflicts of law. The application the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
Dispute Resolution
You and Company agree to resolve any disputes between us. If you believe that Company has not adhered to this Agreement or you have any dispute with Company, please contact Company using the contact information provided below. We will do our best to address your concerns and we will attempt to resolve any disputes with you amicably. Except as provided herein, you and Company agree that we will resolve any disputes between us that we cannot resolve as provided above through binding and final arbitration instead of through court proceedings.
All controversies, claims, counterclaims, or other disputes arising between you and Company relating to the Products, Services or this Agreement (each a "Claim") shall be submitted for binding arbitration in accordance with the rules of the American Arbitration Association ("AAA"). The arbitration will be heard and determined by a single arbitrator. The arbitration shall take place in Cayuga County, New York, USA, and may be conducted by telephone or online. The arbitrator shall apply the laws of the State of New York, USA to all issues in dispute. The controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The findings of the arbitrator shall be final and binding on the parties, and may be entered in any court of competent jurisdiction for enforcement.
The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs, documents, or other evidence submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies. Enforcements of any award or judgment shall be governed by the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards. Should either party file an action contrary to this provision, the other party may recover attorney’s fees and costs up to $1000.00.
Jurisdiction And Venue
The courts of Cayuga County in the State of New York, USA and the nearest U.S. District Court in the State of New York shall be the exclusive jurisdiction and venue for all legal proceedings that are not arbitrated under these Terms of Use, Service & Conditions
Links to This Site
We grant to you a limited, revocable, and nonexclusive right to create a hyperlink to this site provided that the link does not portray us or our products or services in a false, misleading, derogatory, or offensive matter. You may not use any logo, trademark, or trade name that may be displayed on this site or other proprietary graphic image in the link without our prior written consent.
Links to Third Party Websites
We do not review or control third party websites that link to or from this site, and we are not responsible for their content, and do not represent that their content is accurate or appropriate. Your use of any third party site is on your own initiative and at your own risk, and may be subject to the other sites terms of use and privacy policy.
Participation In Promotions of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services or content on this site. Any such correspondence or participation, including the delivery of and the payment for products, services or content, are solely between you and each such advertiser.
Consumer Rights Information
California Civil Code Section 1789.3. If this site charges for services, products, content, or information, pricing information will be posted as part of the ordering process for this site. We maintain specific contact information including an e-mail address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code Section 1789.3. All correspondence should be addressed to our agent for notice at the following address:
Notification of Consumer Rights Complaint or Pricing Inquiry:
Morgan Equine
169 Tucker Hill Road
Locke NY 13092
email contact: [email protected]
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Intended For Use Only Within The United States
This site is intended for use only from within the United States. We do not represent that this site is appropriate for use elsewhere. Access to this site from locations where its contents are illegal is not authorized.
Onward Transfer of Personal Information Outside Your Country of Residence
Any personal information which we may collect on this site will be stored and processed in our servers located only in the United States. If you reside outside the United States, you consent to the transfer of personal information outside your country of residence to the United States.
Severability
If any provision of these terms is declared invalid or unenforceable, such provision shall be deemed modified to the extent necessary and possible to render it valid and enforceable. In any event, the unenforceability or invalidity of any provision shall not affect any other provision of these terms, and these terms shall continue in full force and effect, and be construed and enforced, as if such provision had not been included, or had been modified as above provided, as the case may be.
Waiver
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this Agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this Agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this Agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity, or otherwise.
Force Majeure
We shall not be liable for damages for any delay or failure of delivery arising out of causes beyond our reasonable control and without our fault or negligence, including, but not limited to, Acts of God, acts of civil or military authority, fires, riots, wars, embargoes, Internet disruptions, hacker attacks, or communications failures.
Apple App Store
When you download our Apps, you may do so through Apple Inc.'s (“Apple”) App Store. You acknowledge that the terms of this Agreement are between you and us and not with Apple or the App Store. As between Apple and us, we, and not Apple, are solely responsible for the Services, including the App, the content, maintenance, support services, and warranty, and addressing any claims relating thereto (e.g., product liability, legal compliance or intellectual property infringement). In order to use the App, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by Apple in connection with the Services, including the App.
The following applies to any App Store Sourced Application:
- Your use of the App Store Sourced Application must comply with the App Store Terms of Service.
- You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.
- In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Company and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Company.
- You and we acknowledge that, as between Company and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- You and we acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party's intellectual property rights, as between Company and Apple, Company, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.
- You and we acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the terms of this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary thereof.
Unenforceability
If any provision of this Agreement or any word, phrase, clause, sentence, or other portion thereof should be held to be unenforceable or invalid for any reason, then such provision or portion thereof shall be modified or deleted in such manner as to render this Agreement as modified legal and enforceable to the maximum extent permitted under applicable laws.
Authority
The party entering into this Agreement hereby acknowledges, represents and warrants that he or she is expressly and duly authorized to enter into this Agreement and to legally bind said party to this Agreement.
Assignment
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Company without restriction.
ContactYou may contact us by writing us at the address or email address listed below:
Attn: Client Services
Morgan Equine
169 Tucker Hill Road
Locke NY 13092
[email protected]
Email Subject line: Client Services
Privacy Policy
Company has customer information and privacy policies as set forth in its online Privacy Policy, which is fully incorporated herein by reference. You hereby agree to be bound by Company's Privacy Policy. Consistent with these policies, you may not collect, distribute or gather personal or aggregate information, including Internet or e-mail addresses, about Company's customers or other users.
PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOUR RECORDS AND PLEASE CHECK BACK FREQUENTLY FOR ANY CHANGES TO THIS AGREEMENT.
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Material Modifications Since January 03, 2021: None.