Terms of Use
These RideLife™ Mobile Application Terms of Use (“Terms of Use”) are a binding agreement between you (“End User” or “you”) and Equine Western Sports, LLC d/b/a RideLife™ (“Company” or “we”). These Terms of Use govern your use of the mobile application owned and operated by Company, RideLife™, including all related documentation, information and services accessible through the application (the “Application”). The Application is licensed, not sold, to you. We may add to, delete, or change these Terms of Use without notice to you, and to the fullest extent under applicable law, your acceptance or acknowledgement of the changes or your continued use of the Application constitutes your agreement to all such changes. Unless explicitly stated otherwise, any new features or services that augment or enhance the Application in the future shall be considered part of the Application and subject to these Terms of Use.
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UPON USE AND BY CLICKING “I AGREE” TO THESE TERMS OF USE, INSTALLING THE APPLICATION OR OTHERWISE USING THE APPLICATION, YOU: (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE; (B) REPRESENT THAT YOU ARE 18 YEARS OF AGE OR OLDER; AND (C) ACCEPT THESE TERMS OF USE AND AGREE THAT YOU ARE LEGALLY BOUND BY THEIR TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT CLICK “I AGREE,” INSTALL OR OTHERWISE USE THE APPLICATION AND DELETE IT FROM YOUR MOBILE DEVICE.
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1. License Grant. Subject to these Terms of Use, Company grants you a limited, non-exclusive, and nontransferable license to:
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(a) install and use the Application for your personal, non-commercial use on a mobile device owned or otherwise controlled by you (“Mobile Device”) strictly in accordance with the Application’s documentation; and
(b) access, download, and use on such Mobile Device the Application Content, User Contributions and Third Party Materials (as defined below) made available in or otherwise accessible through the Application, strictly in accordance with these Terms of Use and the terms of use applicable to such Content and Services as set forth in Section 6.
2. License Restrictions. You shall not:
(a) copy the Application, except as expressly permitted by this license;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Application;
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(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Application or any part thereof;
(d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Application, including any copy thereof;
(e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Application, or any features or functionality of the Application, to any third party for any reason;
(f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Application;
(g) Send unsolicited or unauthorized advertising, solicitations, promotional materials, spam, junk mail, chain letters and pyramid schemes, or harvest or collect email addresses or other contact information of other users from the Application for the purposes of sending spam;
(h) Attempt to circumvent any content filtering techniques we employ or access any service or area of the Application that you are not authorized to access;
(i) Engage in any harassing, intimidating, predatory or stalking conduct;
(j) Develop any third-party applications that interact with User Contributions and/or the Application; or
(h) create more than one Account by automated means or under false or fraudulent pretenses.
3. Your Account: If you create an account (“Account”) to use certain features of the Application, you agree that you will maintain your Account information to ensure that it is always current, complete and accurate. If you provide untrue, incomplete or inaccurate information, you understand that we have the right to terminate your Account and use of the Application. By creating an Account, you agree that Company may contact you using the contact information that you provide when creating your Account.
Please do not share your Account with anyone else. You are responsible for keeping your Account information secure and for all activities that occur through or by use of your Account (whether or not you have authorized those activities), including use by others to whom you have provided access to your Account. You also are responsible for any use of your Account by any person that is caused by your failure to secure your Account information. You will notify us immediately of any breach of security or unauthorized use of your Account.
4. Reservation of Rights. You acknowledge and agree that the Application is provided under license, and not sold, to you. You do not acquire any ownership interest in the Application under these Terms of Use, or any other rights thereto other than to use the Application in accordance with the license granted, and subject to all terms, conditions, and restrictions, under these Terms of Use. Company and its licensors and service providers reserve and shall retain their entire right, title, and interest in and to the Application, as applicable, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms of Use.
5. Collection and Use of Your Information. You acknowledge that when you install or use the Application, Company may use automatic means (including, for example, cookies and web beacons) to collect information about your Mobile Device and about your use of the Application. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Application or certain of its features or functionality, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with this Application is subject to our Privacy Policy. By downloading, installing, using, and providing information to or through this Application, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
6. Content and Services. The Application may provide you with access to Company’s websites (each, a “Website”) and products and services accessible thereon, and certain features, functionality, and content accessible on or through the Application may be hosted on a Website (collectively, “Content and Services”). Your access to and use of such Content and Services are governed by the applicable Website’s terms of use, which are incorporated herein by this reference. Your access to and use of such Content and Services may require you to acknowledge your acceptance of such terms of use and/or to register with the Website, and your failure to do so may restrict you from accessing or using certain of the Application’s features and functionality. Any violation of such terms of use will also be deemed a violation of these Terms of Use.
7. Geographic Restrictions. The Content and Services are provided for access and use only by persons located in the United States and Puerto Rico. You acknowledge that you may not be able to access all or some of the Content and Services outside of the United States and Puerto Rico, and that access thereto may not be legal by certain persons or in certain countries. If you access the Content and Services from outside the United States or Puerto Rico, you are responsible for compliance with local laws.
8. Updates. Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of these Terms of Use.
9. Third-Party Materials. The Application may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services, including through third-party advertising (“Third-Party Materials”). You acknowledge and agree that Company is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. The presence of Third-Party Materials on the Applications is not an endorsement or recommendation of the materials by Company. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
The Application, including any information, graphic, artwork, text, video clip, audio clip, trademark, logo, service mark and/or other content provided on, in or through the Application (collectively, “Application Content”) are owned by Company or its licensors and protected under both United States and foreign copyright, trademark and other laws.
If you agree to these Terms, then Company grants to you a personal, nonexclusive, nontransferable and limited license (without the right to sublicense) to access and use the Application and download, print and/or copy Application Content solely for your own use and subject to these Terms.
Nothing contained in the Application or Application Content should be construed as granting, by implication, estoppel, or otherwise, any license or right in and to Company's trademarks, logos or service marks (“Marks”), patents, trade secrets or other intellectual property embodied in the Application. Unauthorized use of any of the Marks or Company's other intellectual property may violate law. All rights not expressly granted herein are reserved by Company.
Unless Company provides you with written authorization to do so, you may not:
(a) incorporate any Application Content into any other work (such as your own website) or use Application Content in any public or commercial manner;
(b) change any of the notices about copyright, trademarks or other intellectual property rights that may be part of the Application Content;
(c) utilize or employ Application Content in any generative or other artificial intelligence algorithms, models, software, tools, technologies, or systems, including but not limited to, natural language processing, deep learning models, machine learning, or any type of artificial intelligence system, or otherwise use scripts, tools or processes designed to data mine or scrape Application Content, or otherwise collect Application Content through any type of automated means, unless Company provides its express consent in writing; or
(d) "deep link" to any of the Application Content (i.e., link to any page other than the home page of one of the Application).
10. Application Content is not Professional Advice. THE APPLICATION CONTENT, USER CONTRIBUTIONS AND THIRD PARTY CONTENT IS FOR INFORMATIONAL PURPOSES ONLY. PLEASE CONFIRM ALL SUCH INFORMATION WITH OTHER RELIABLE PERSONAL OR PROFESSIONAL SOURCES, AND WITH YOUR HORSE TRAINERS, RIDING OR COMPETITION INSTRUCTORS/COACHES, VETERINARIAN, PHYSICIAN AND OTHER TRAINING AND RIDING INDUSTRY PROFESSIONALS. COMPANY DOES NOT WARRANT OR GUARANTEE ANY TRAINING, PROCESS, EXERCISE, TREATMENT, THERAPY, MEDICATION, DEVICE, DIAGNOSIS, ACTION, RECOMMENDATION, OR STRATEGY OF ANY AUTHOR OR OTHER PERSON AVAILABLE THROUGH THE APPLICATION, APPLICATION CONTENT, USER CONTRIBUTIONS AND THIRD PARTY CONTENT.
THE COMPANY DISCLAIMS ALL LIABILITY ARISING OUT OF OR RELATED TO APPLICATION CONTENT, USER CONTRIBUTIONS AND THIRD PARTY CONTENT, INCLUDING THE VIDEOS, COURSES AND "EXPERT ADVICE" ARTICLES. THIS CONTENT IS GENERAL IN NATURE AND MUST BE USED WITH AN APPRECIATION FOR THE DIFFERING CAPABILITIES AMONG INDIVIDUAL USERS AND THE DIFFERING DEMANDS PLACED ON HORSES, EQUIPMENT AND TECHNIQUES AND BY THE WIDE VARIETY OF CIRCUMSTANCES AND SAFETY MATTERS THAT CAN BE ENCOUNTERED IN HORSE RIDING, TRAINING AND COMPETING. THE INFORMATION IS NOT A SUBSTITUTE FOR IN-PERSON GUIDANCE BY A QUALIFIED INSTRUCTOR OR FOR PERSONAL EXPERIENCE GAINED IN THE COMPANY OF KNOWLEDGEABLE AND EXPERIENCED TRAINERS AND PROFESSIONALS. YOUR USE OF THE CONTENT IS SOLELY AT YOUR OWN RISK.
11. User Contributions and Interactive Features or Areas. The Application may include discussion forums, blogs, profiles, product reviews or other interactive features or areas (collectively, "Interactive Areas"), in which you or other users create, post, transmit or store any content, such as text, sound, photos, video, graphics, information or advice on the Application ("User Contributions"). User Contributions are publicly viewable and may include your profile information and any content you post pursuant to your profile. You agree that you are solely responsible for your User Contributions and for your use of such Interactive Areas, and that you use the Interactive Areas at your own risk.
By using any Interactive Areas, you agree not to post, upload to, transmit, distribute, store, create or otherwise publish or send through the Application any of the following:
(a) User Contributions that are unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, abusive, inflammatory, fraudulent or otherwise objectionable;
(b) User Contributions that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or that would otherwise create liability or violate any local, state, national or international law;
(c) User Contributions that display, describe or encourage usage of any product we sell in a manner that could be offensive, inappropriate or harmful to other any user or consumer or that is contrary to any instructions or warnings relating to the product;
(d) User Contributions that may impinge upon or violate the publicity, privacy or data protection rights of others, including pictures or information about another individual where you have not obtained such individual's consent;
(e) User Contributions that make false or misleading statements, claims or depictions about a person, company, product or service;
(f) User Contributions that do not clearly and prominently disclose any material connections you may have to the provider or third party brands or sellers (for example, if you receive free products or services or are a paid blogger or employee);
(g) User Contributions that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
(h) User Contributions that impersonate any person or entity or otherwise misrepresents your affiliation with a person or entity;
(i) Viruses, malware of any kind, corrupted data or other harmful, disruptive or destructive files or code; and
(j) User Contributions that, in the sole judgment of the Company, restricts or inhibits any other person from using or enjoying the Application and Interactive Areas or which may expose the Company or its users to any harm or liability of any type.
The Company takes no responsibility and assumes no liability for any User Contributions posted, stored or uploaded by you or any third party. At the same time, the Company encourages its users to report User Contributions that violates these Terms of Use (either by using a flagging or reporting mechanism provided within the Application or, for content that infringes copyright or trademark rights, by following the instructions at the end of these Terms). Except otherwise provided by law, enforcement of the Terms of Use, however, is solely in our discretion and the absence of enforcement of these Terms in some instances does not constitute a waiver of our right to enforce the Terms of Use in other instances. In addition, these Terms of Use do not create any private right of action on the part of any third party or any reasonable expectation or promise that the Application will not contain any content that is prohibited by these Terms of Use. Although the Company has no obligation to screen, edit or monitor any of the User Contributions posted on the Application, the Company reserves the right, and has absolute discretion, to remove, screen or edit any User Contributions posted or stored on the Application at any time and for any reason without notice, and you are solely responsible for creating backup copies and replacing any User Contributions you post or store on the Application at your sole cost and expense.
Any use of the Application in violation of these Terms of Use may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Application. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect the Company's systems and users or to ensure the integrity and operation of the Company's business and systems, the Company may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information, IP addressing and traffic information, usage history and posted User Contributions. the Company's right to disclose any such information shall govern over any terms of the Company's Privacy Policy.
12. Rights in User Contributions and Feedback. Except as otherwise provided herein, on the Application or in a separate agreement, the Company claims no ownership or control over any User Contributions. However, by posting or transmitting User Contributions to Company or to the Application, you grant Company and Company's designees a worldwide, non-exclusive, sub-licensable (through multiple tiers), transferable, royalty-free, perpetual, irrevocable right to use, reproduce, sublicense (through multiple tiers), distribute, create derivative works of, perform and import your User Contributions in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to you. All User Contributions are deemed non-confidential and non-proprietary. We may retain archived copies of your User Contributions and cached copies of your User Contributions may still be available for some period of time.
By posting User Contributions to the Application, you represent and warrant that (a) such User Contributions are non-confidential; (b) you own and control all of the rights, title and interest in and to the User Contributions or you otherwise have all necessary rights to post and use such User Contributions to the Application and to grant the rights to the Company that you grant in these Terms of Use; (c) the User Contributions are accurate and not misleading or harmful in any manner; and (d) the User Contributions, and your use and posting thereof in connection with the Application, do not and will not violate these Terms of Use, guidelines or policies or any applicable law, rule or regulation.
Notwithstanding the foregoing, you acknowledge and agree that any questions, comments, suggestions, reviews, ideas, plans, notes, drawings, original or creative materials or other information or materials regarding the Application, the Company or the Company's products or services that are provided by you, whether by email, posting to the Application or otherwise ("Feedback"), are non-confidential and shall become the sole property of the Company. the Company shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. Do not send us Feedback if you expect to be paid or want to continue to own or claim rights in them; your idea might be great, but we may have already had the same or a similar idea and we do not want disputes.
13. Term and Termination.
(a) The term of these Terms of Use commences when you install or otherwise first use the Application and will continue in effect until terminated by you or Company as set forth in this Section 13.
(b) You may terminate these Terms of Use by deleting the Application and all copies thereof from your Mobile Device.
(c) Company may terminate these Terms of Use at any time without notice if it ceases to support the Application, which Company may do in its sole discretion, or for any other reason or no reason. In addition, these Terms of Use will terminate immediately and automatically without any notice if you violate any of the terms and conditions of these Terms of Use.
(d) Upon termination:
(i) all rights granted to you under these Terms of Use will also terminate; and
(ii) you must cease all use of the Application and delete all copies of the Application from your Mobile Device.
(e) Termination will not limit any of Company’s rights or remedies at law or in equity.
14. Disclaimer of Warranties. THE APPLICATION AND THE APPLICATION CONTENT, USER CONTRIBUTIONS AND THIRD PARTY CONTENT IS PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, COMPANY, ON ITS OWN BEHALF AND ON BEHALF OF ITS LICENSORS AND CONTENT PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE APPLICATION, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, COMPANY PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE APPLICATION OR APPLICATION CONTENT, USER CONTRIBUTIONS, AND THIRD PARTY CONTENT WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED. ANY ORAL OR WRITTEN ADVICE PROVIDED BY COMPANY OR ITS AGENTS DOES NOT AND WILL NOT CREATE ANY WARRANTY.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
15. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, AND ASSIGNS OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR RELIANCE ON THE APPLICATION, APPLICATION CONTENT, USER CONTRIBUTIONS AND THIRD PARTY CONTENT OR ANY OTHER INFORMATION ACCESSIBLE THROUGH THE APPLICATION FOR:
(a) PERSONAL INJURY OR DEATH, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
(b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE APPLICATION.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR COMPANY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY, SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.
YOU ACKNOWLEDGE AND AGREE THAT THE ABOVE LIMITATIONS OF LIABILITY, TOGETHER WITH THE OTHER PROVISIONS IN THESE TERMS THAT LIMIT LIABILITY, AND DAMAGES ARE ESSENTIAL TERMS AND THAT COMPANY WOULD NOT BE WILLING TO GRANT YOU THE RIGHTS SET FORTH IN THESE TERMS BUT FOR YOUR AGREEMENT TO THE ABOVE LIMITATIONS OF LIABILITY.
16. Indemnification. You agree to defend, indemnify, and hold harmless Company and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all losses, damages, liabilities, personal injuries, deficiencies, claims, actions, judgments, settlements, interest, awards, penalties, fines, costs, or expenses of whatever kind, including reasonable attorneys’ fees, arising from or relating to your use or misuse of the Application, including violation of any law, rule, or regulation, or your breach of these Terms of Use, including, but not limited to, the content you submit or make available through this Application, and your reliance on and use of Application Content, User Contributions and Third Party Content,. You will cooperate as fully and reasonably as required by Company in the defense of any claim. Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of Company.
17. Severability. If any provision of these Terms of Use is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of these Terms of Use will continue in full force and effect.
18. Governing Law. These Terms of Use and your use of the Application are governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to these Terms of Use or the Application shall be instituted exclusively in the state courts located in Gillespie County, Texas or the United States District Courts located in the Western District of Texas. You waive any and all objections to the exercise of jurisdiction over you by such courts and personally submit to venue in such courts.
19. Class action/Jury Trial Waiver: YOU AND COMPANY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, AGGREGATE, MASS, COLLECTIVE, OR REPRESENTATIVE ACTION OR PROCEEDING.
THE PARTIES HEREBY UNCONDITIONALLY WAIVE THEIR RIGHT TO A JURY TRIAL OF ANY AND ALL CLAIMS OR CAUSES OF ACTION ARISING FROM OR RELATING TO THEIR RELATIONSHIP. THE PARTIES ACKNOWLEDGE THAT A RIGHT TO A JURY IS A CONSTITUTIONAL RIGHT, THAT THEY HAVE HAD AN OPPORTUNITY TO CONSULT WITH INDEPENDENT COUNSEL, AND THAT THIS JURY WAIVER HAS BEEN ENTERED INTO KNOWINGLY AND VOLUNTARILY BY ALL PARTIES TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS AGREEMENT MAY BE FILED AS A WRITTEN CONSENT TO A TRIAL BY THE COURT AND THAT EACH ARE WAIVING THE RIGHT TO A TRIAL BY JURY.
20. Entire Agreement and Assignment. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Company with respect to the Application and supersede all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Application. You may not assign these Terms of Use without Company’s prior written consent.
21. Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between these Terms of Use and any applicable purchase or other terms, these Terms of Use shall govern.
22. Notice for California Users. Under California Civil Code Section 1789.3, California web users are entitled to the following specific consumer rights notice: The Application is provided by Equine Western Sports, LLC located in Fredericksburg, Texas. If you have a question or complaint regarding the Application, please contact Equine Western Sports, LLC at support@equinewesternsports.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.
23. Copyright/infringement claims. If you believe that an item or listing infringes on your intellectual property rights, you can report the item or listing by submitting a claim of infringement to Company as provided in this section.
For reports of alleged copyright infringement, send a Digital Millennium Copyright Act (DMCA) notification to Company that includes all of the following information:
(a) Identification of the copyrighted work that you claim has been infringed;
(b) Identification of where the material you claim is infringed is located on the Services website;
(c) Your name, address, telephone number and email address;
(d) A statement by you that you have a good faith belief that the use of the material violates your rights (or those held by the rights owner you represent), and that the use of the material is contrary to law;
(e) A statement by you that you declare under penalty of perjury that the information you provided is correct and accurate and that you are the owner or agent of the owner of the rights you describe; and
(f) A statement that the information included in your report may be shared by Company with all applicable Company suppliers.
Your notification can be sent to:
Equine Western Sports, LLC
Copyright Infringement
Attn: Manager
3447 Morris Ranch Road
Fredericksburg, Texas, 78624
Office: 210-412-5067
Email: support@equinewesternsports.com
Contact Us concerning any privacy compliance issues:
Equine Western Sports, LLC
Privacy Compliance
Attn: Manager
3447 Morris Ranch Road
Fredericksburg, Texas, 78624
Office: 210-412-5067
Email: support@equinewesternsports.com
Rev. December 4, 2025