STORE POLICY
PRIVACY POLICY
EFFECTIVE DATE: 03/02/2023
WELCOME TO ENGLEWOOD EQUINE DESIGNS LLC
BY USING OUR WEBSITE, YOU, THE PERSON USING THIS WEBSITE (HEREINAFTER: THE ‘USER’) AGREE TO OUR POLICY. PLEASE READ THESE TERMS CAREFULLY BEFORE USING OUR WEBSITE.
Englewood Equine Designs (Aubry Boonstra) values its User’s privacy. This Policy discloses the privacy practices of https://www.englewoodequine.com/ (hereinafter: the “Website”), owned by Englewood Equine Designs LLC (Aubry Boonstra), a Company in the state of Michigan, USA (hereinafter: the “Company”). This Privacy Policy (herein: the “Policy”) will help the User understand how we collect and use personal information from the Users of our Website. This Policy applies solely to information collected by this Website and any affiliated social media accounts.
The Company and the Website reserve the right to make changes to this Policy at any given time. If the User wants to make sure that they are up to date, we advise the User to frequently visit this page. If the Company or Website decides to utilize any personally identifiable information in any other manner than prescribed when initially collected, the User will be notified by email.
By using this Website and affiliated social media accounts, the User is consenting to the data collection procedures expressed in this Policy.
By accepting our Policy, you hereby acknowledge that you are above the age of consent and majority in your jurisdiction. Minors should not use this platform and, as such, we do not knowingly or intentionally collect, share, or use Personal Information from minors.
INFORMATION THE WEBSITE COLLECTS, USES AND SHARES:
1.1 This Website provides several opportunities for the User, to voluntarily provide the Company and Website with personal information in exchange for a free resource, to be added to the Company email or subscriber list, or to contact us on the Website or via social media they automatically “opt-in”. If the User elects to “opt-in” and provide the Company and/or Website with personal information for any of these purposes, we will collect the information provided, which may include the User’s name, email address, phone number, and the text of any messages sent to us. We will also process personal information in the form of comments, images, or videos that the User makes or shares on our blogs, social media pages, or any other online forum currently available now, or made available in the future. The User understands that their decision to provide any information to the Website and/or the Company in this manner is voluntary and constitutes their clear consent to allow the Website and/or the Company to collect, process, and retain such information.
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1.2 If the User elects to fill out the “contact us” portion of our Website, or provide us with any other communication data, including but not limited to that provided via email, social media messaging or posts, or text messages, the Website or Company may collect personal information including their name, email address, phone number, the information the User shared with that social media platform, as well as the text of any message sent electronically. This data will be processed based on the Website’s or the Company’s legitimate interest in communicating with the User, and/or answering any questions or concerns raised. We may also retain the aforementioned data to keep a record of any such communication.
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1.3 If the User becomes a customer, we will collect additional information in order to carry out and complete the purchase and sale of the goods or services as requested, including but not limited to email address, billing address, credit card or payment information, and any other information necessary in order to complete the purchase of the product or service the User has elected to buy. The Company will collect and process this data in order to fulfill the contractual obligation to complete the order and will not retain the information any longer than necessary.
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1.4 If the User is on the Website and or Company’s email list due to their consent to be added, or due to the Website or Company’s legitimate interest in engaging in direct marketing, the Website or Company may also utilize User data to send targeted social media advertisements or upload User information into our social media account to create look-a-like audiences. To ensure compliance with the CAN-SPAM act, all emails from the Website or Company will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from such a list or contact the Website or Company with any questions or concerns.
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1.5 This Website may also collect information through Automatic Data Collection Technology. The Website may use or send standard “cookies” to identify the User’s browser from time to time. The Website does not include any personally identifiable information in cookies and will not employ any other mechanisms (other than those discussed above) to capture data on our Website. The Website may use both session cookies (which expire once the User closes their browser) and persistent cookies (which stay on the User’s computer until deleted). The User can accept or decline cookies using web browser settings. If the User chooses to disable cookies, some areas of the Website may not work properly or at all. The Website does not respond to Do Not Track signals sent by the User’s browser.
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1.6 This Website may also collect data about how the User utilizes the Website, browsing actions or patterns, computer equipment, IP address, internet connection, and other similar choices the User makes, including via Google Analytics and Facebook Pixels, in order to obtain statistical data, improve our Website and offerings, and ensure the User receives information relevant to them. If the Website utilizes this technology, the Website will use them in compliance with all policies of these third-party companies. This Website may receive personal data from third parties including but not limited to Google, social media platforms and search engines.
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HOW AND WHY IT IS COLLECTED:
2.1 This Website collects the User’s personal information when they voluntarily and/or directly provide it to the Company to receive a free or paid resource, product, or service, or when the User fills out a form or sends an email to contact the Company, and does so in order to provide the User with the resource the User indicated they would like to receive. The Website may also track the User’s future interactions with content, and use personal information to keep the User informed about the products and services they have elected to receive, as well as any linked or similar products or services the Company thinks the User may be interested in. The information will be collected by the Website following the User’s choice to manually enter it in and click to be added to the Company list. No such information will be collected without the User taking action to be added to the list, or in exchange for a free resource.
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2.2 This Website may also receive data from third parties like Google Analytics, Facebook and other advertising platforms. The Website will do our best to only utilize third parties who have been deemed GDPR-compliant, and whom the Company has either completed a data processing agreement with or have reviewed and confirmed their policies regarding data processing to ensure compliance.
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HOW WE USE YOUR INFORMATION:
3.1 The User has the right to know and understand how their information is used. The Website or Company will use the personally identifiable information that the User has voluntarily provided in order to carry out the service or product requested, including free resources, trainings, newsletters, periodic promotional emails, and to notify the User about any changes to our policies or services. This Website may also use the User’s personal information to form “look-a-like” audiences in the Company’s digital marketing campaigns, which includes uploading User information into our social media advertising campaign(s).
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3.2 Non-Personally Identifiable Information: Additional non-identifying information that is collected may be used to provide an overview of how people are accessing and using the Website; it is not used for any additional purposes, and the Website does not use any such data to make automated decisions. The Company and Website may also record some or all information to help create a better User experience. The Website may use information such as the User’s IP address to help diagnose technical problems with Company servers or our Website, and to determine which portions of our Website receive the most traffic, to understand which content is the most useful to our visitors. The User’s IP address will not personally identify them and may be used for such limited purposes as outlined above, in order to improve User experience.
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HOW INFORMATION IS STORED AND SHARED:
4.1 The User has the right to know what information is stored (and not stored) and how it is processed. User information is stored through a data management system, and it is important to this Website and Company to take appropriate measures to ensure User information is kept confidential. The User understands that there are limited purposes where this Website and Company will share the User’s confidential information, including with those who are providing technical support for our Website, or those who are members of our team, including legal and accounting. Any parties who will have access to the User’s information will keep such information confidential and will never share it with any unrelated parties to the best of the Company’s abilities. Information provided by the User will never be shared, sold, or given to any other Company or person without prior consent, other than what is required to complete a purchase or request made by the User, unless required to do so by law, or any governmental requirements. This Website and Company requires all such third parties to treat the User’s personal information in accordance with the law, and only allows them to process personal data for specific, necessary purposes.
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4.2 Please be aware this Website may disclose information provided if required to do so by law, or if there is an honest, good-faith belief that such disclosure is necessary to protect the rights of our Website or of the Company that any portion of our policies are being violated, to prevent or mitigate a belief that a crime may be committed, or to protect the safety or rights of other Users. This information may also be shared as a result of the sale of the Company or any branch of the Company, as well as with any joint venture partners or affiliate marketers, should the Company deem it necessary to share such information. This Website will always take all reasonable measures to protect and safeguard the User’s information.
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4.3 This Website, and the servers and parties which made this Website available on a global scale, are located within, and operate within, the United States of America. The internet laws of the United States of America govern any and all matters relating to this Website. Any information the User chooses to provide through this Website, including but not limited to subscribing to a newsletter, opting-in to receive a free gift, sending us a message or purchasing something will be transferred to the USA for processing. That information may then be transferred within the USA or back out of the USA to other countries outside of the User’s country of residence, depending on the type of information, and how it is stored by The Website and Company. If transferred to another country, it may not have data protection laws that are as comprehensive or protective as those in the User’s country of residence; however, our collection, storage, and use of the User’s Personal Information will at all times be governed by this Policy. By visiting our Website, the User acknowledges this information, and by submitting any personal information onto our Website, hereby authorizes this transfer and processing of information.
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4.4 By collecting and using the User’s personal data, this Website is acting as a data controller, meaning we determine what information is collected, how long it is stored, and what the personal information will be used for. This Website utilizes a third-party Company to act as a data processor, which stores information such as names and email addresses that make up our email list. To the best of our ability, we have researched and concluded that all third-party data processors this Website and Company uses, have advised us they are compliant with the General Data Protection Regulations as well.
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YOUR ACCESS TO, AND CONTROL OVER INFORMATION:
5.1 The User has the right to update, edit, or delete their information from the Company and Website database. It is also within the User’s right to opt-out of any future communications from us at any time by clicking the “unsubscribe” button at the bottom of any email we send the User from our list or to send us a direct email at englewoodequinedesigns@gmail.com. Should the User wish to:
· See what data this Company holds about the User, if any,
· Change/correct any data this Company holds about the User,
· Have us delete any data this Company holds about the User,
· Express any concern they have about this Company’s use of the User’s data,
The User can do so at any time, free of charge, by reaching out via the following email address to: englewoodequinedesigns@gmail.com
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UNSUBSCRIBE OR OPT-OUT:
6.1 All Users and visitors to our Website have the option to discontinue receiving communications from us by way of email or newsletters. To discontinue or unsubscribe from our Website please send an email that you wish to unsubscribe to englewoodequinedesigns@gmail.com or by clicking the “unsubscribe” button at the bottom of any email we send the User from our list. The Website and Company will continue to adhere to this Policy with respect to any personal information previously collected.
INFORMATION PROTECTION AND DISCLOSURE:
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7.1 This Website and our Company take precautions to protect the User’s information against unauthorized access, unlawful processing, accidental loss, destruction, and damage. Any information submitted to the Company via the Website is protected both online and offline. However, no method of transmission over the Internet or method of electronic storage is 100% guaranteed, therefore we can only guarantee a reasonable level of absolute security of the User’s personally identifiable information.
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7.2 Wherever this Website collects sensitive information, that information is encrypted and transmitted to the Company in a secure way. The User can verify this by looking for a lock icon in the address bar and/or looking for “https” at the beginning of the address of the Web page.
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7.3 While this Website uses encryption to protect sensitive information transmitted online, we also protect User information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
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7.4 Our Company has determined it is not required to appoint a Data Protection Officer as our core activities do not consist of processing operations that require regular and systematic monitoring of data subjects, nor do we process sensitive categories of data on a large scale.
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HOW LONG WE KEEP YOUR INFORMATION:
8.1 The data this Website collects from the User will be stored no longer than necessary, based on how long User information remains relevant, the length of time it is reasonable to keep records to demonstrate that we have fulfilled our duties and obligations, any limitation periods prescribed by law within which claims might be made, the type of contract we have with the User, the existence of consent and our legitimate interest in keeping such information as stated in this Policy. In any event, only for as long as the Data Protection Legislation allows.
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CALOPPA COMPLIANCE:
9.1 If the User is a California resident, they have the right to request information from the Company regarding the manner in which we use and/or store the User’s personally identifiable information and share their information with third parties. the User may contact us at the following email address: englewoodequinedesigns@gmail.com.
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9.2 For more information about California Do Not Track and User rights as a California resident with respect to User Personal Information, please visit: www.allaboutdnt.org.
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GDPR COMPLIANCE:
10.1 In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) this Website and Company confirms we have lawful grounds for processing the information we collect from the User. If the User provides personal information via the Website “contact us” page or sends us any other form of electronic communication, we will process the User’s data based upon our legitimate interest to respond to User or customer inquiries. If the User elects to receive communication from our Company by “opting in” and provides us with their name and email address in exchange for a free resource, training or services, or if the User makes a purchase from us, we will process User data for the purpose it was collected based on affirmative consent to do so, and may periodically send additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. The Company may also give the User the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to the User based upon their decision to opt-in to one or more of our free resources and will obtain User consent to do so. The User may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions.
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10.2 The data controller responsible for the User’s personal information for the purposes of GDPR compliance is: Aubry Boonstra, Englewood Equine Designs LLC, englewoodequinedesigns@gmail.com.
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10.3 For more information regarding the User’s rights to their Personal Information in the European Union, please visit: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rights-citizens_en.
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PIPEDA COMPLIANCE:
11.1 If the User is a resident of Canada and a User of this Website, they may request certain information regarding the disclosure of their Personal Information and shall be given access to that information. User’s may also challenge the accuracy and completeness of the information the Company holds and have it amended as appropriate, if necessary.
11.2 For more information regarding the User’s rights under Canada’s Personal Information Protection and Electronic Documents Act, please visit: https://www.priv.gc.ca/en/privacy-topics/privacy-laws-in-[Country]/the-personal-information-protection-and-electronic-documents-act-pipeda/
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GOVERNING LAW:
12.1 Any claim relating to Englewood Equine Designs LLC (Aubry Boonstra) or this Website shall be governed by the laws of Michigan, USA without regard to its conflict of law provisions.
UPDATES
13.1 [RESERVED]
HOW TO CONTACT US:
14.1 If the User has any questions or concerns regarding the Policy related to our Website, please feel free to contact us at the following email address: englewoodequinedesigns. If the User feels that the Website is not abiding by this Policy, they should contact us immediately.
PAYMENT METHODS ACCEPTED
TERMS AND CONDITIONS
Terms of Service:
OVERVIEW
This website is operated by Englewood Equine Designs LLC. Throughout the site, the terms “we”, “us” and “our” refer to Englewood Equine Designs LLC. Englewood Equine Designs LLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 - ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 - PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
For more detail, please review our Returns Policy.
SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.
You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 - THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 - USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy.
SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Englewood Equine Designs LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Englewood Equine Designs LLC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.
These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).
Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.