Terms and Conditions
Thank you for visiting the PHSports & MyHorseSport Website titled "performancehorsesports.com" & "MyHorseSport.com" and if you have done so, downloading and installing the PHSports & MyHorseSport software to your personal computer or laptop (collectively, the "Site"). In return for gaining access to the Site and using it, you agree to be bound by the following Agreement without limitation or qualification, so please carefully review this Agreement before proceeding. If you do not intend to be legally bound by these terms and conditions, do not access and use the Site. PHSports & MyHorseSport reserves the right to change this Agreement and to make changes to any of the products or programs described in the Site at any time without notice or liability. Any such revisions are prospectively binding on you and therefore you should periodically visit this page when you use the Site to review the then current Agreement that binds you. PHSports & MyHorseSport also reserves the right in its sole and unfettered discretion to deny you access to the Site at any time. PHSports & MyHorseSport enters into agreements with third parties from time to time to provide our customers with the opportunity to obtain special services, products or prices offered by the third party. You will not be deemed to be violating this agreement when acting in accordance with the terms and conditions of any such program. Likewise, the terms and conditions in this agreement will be considered broadened to the extent needed to permit such third parties to operate within the terms of a written agreement they have entered into with us. The titles in this Agreement are provided only for your convenience and are not to be used in interpreting the Agreement.
Intellectual property notifications
Unless otherwise noted, all information, account information, articles, data, images, passwords, screens, text, user names, Web pages, or other materials (collectively "Content") appearing on the Site are the exclusive property of PHSports & MyHorseSport or their affiliates
- All information, products, services and software contained on or used in the Site ("Content") is Copyright 2019 by PHSports & MyHorseSport All rights reserved. Please assume that everything you see or read on the Site is copyrighted to, or used with permission by, PHSports & MyHorseSport unless otherwise noted.
- The trademarks, logos, service marks, and trade dress (collectively the "Trademarks") displayed on the Site are registered and unregistered Trademarks of PHSports & MyHorseSport or others.
- Images of people, objects, or places displayed on the Site are either the property of, or used with permission by PHSports & MyHorseSport or their affiliates
- PHSports & MyHorseSport owns or uses by permission all software contained on the Site, including without limitation all HTML code and Active X controls. Copyright and other laws and international treaty provisions protect this software. The law expressly prohibits any modification, redistribution, or reproduction of the software, and such actions could result in severe civil and criminal penalties. PHSports & MyHorseSport will seek and support prosecuting violators to the maximum extent possible.
- You may not copy, display, distribute, download, license, modify, publish, re-post, reproduce, reuse, sell, transmit, use to create a derivative work, or otherwise use the content of the Site for public or commercial purposes. Nothing on the Site shall be construed to confer any grant or license of any intellectual property rights, whether by estoppel, by implication, or otherwise.
Your representations and warranties
By using the Site, you represent and warrant that you are 18 years of age or older and possess the legal right and ability to enter into this Agreement and to use the Site in accordance with all of the terms and conditions of this Agreement. You accept financial responsibility for all use of the Site under your name or account, including without limitation all uses of your account by others, including minors living with you. You may allow other members of your household to use the Site under your name or account only if you agree to pay all charges that they incur and to be responsible for all other aspects of their usage. You further agree to supervise all minors who use the Site under your name or account. You agree not to assign, transfer, or sublicense your rights pursuant to this Agreement.
Your indemnity obligation
You agree to indemnify, defend, and hold harmless PHSports & MyHorseSport and its affiliates from and against any and all claims, demands, proceedings, suits and actions, including any related liabilities, obligations, losses, damages, deficiencies, penalties, taxes, levies, fines, judgments, settlements, expenses (including legal and accountants' fees and disbursements) and costs (collectively, "Claims"), based on, arising out of or resulting from your use of the Site, including without limitation any Claims alleging facts that if true would constitute your breach of this Agreement.
Limitations on your use
As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by these Terms, or any other purpose that is not reasonably intended by PHSports & MyHorseSport. By way of example, and not intended as a complete or extensive list, you agree not to use the Site:
1. To abuse, harass, threaten, impersonate, or intimidate and person;
2. To post or transmit, or cause to be posted to transmitted, any Content that is libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or that infringes any copyright or other right of any person;
3. To communicate with PHSports & MyHorseSport representatives or other users in an abusive manner;
4. For any purpose that is not permitted under the laws of the jurisdiction where you use the Site;
5. To create or transmit unwanted “spam” to any person or URL;
6. To download or upload files that contain materials, including but not limited to software that violate the intellectual property, privacy, or publicity rights of others unless you own, control, or have been authorized to exercise such rights;
7. To post, send, or otherwise disclose confidential information, trade secrets, or other confidential and/or protected proprietary data of any entity or person, including but not limited to PHSports & MyHorseSport or their affiliates;
8. To download or upload files that you know, or reasonably should know, cannot be legally distributed through the Site;
9. To engage in any other conduct that is, or that PHSports & MyHorseSport deems to be, in conflict with this Agreement. PHSports & MyHorseSport forbids such Misuses, and access of the Site for any such Misuses or other similar purposes is an unauthorized use of the Site
No warranty by PHSports & MyHorseSport
The Content may contain inaccuracies and/or typographical errors. PHSports & MyHorseSport may alter, change or improve the Content at any time and without notice. PHSports & MyHorseSport makes no representations or warranties as to the Content's completeness or accuracy, and makes no commitment to update the Content. PHSports & MyHorseSport makes no representations about the Content's suitability for any purpose.
YOU USE THE SITE AT YOUR OWN RISK. THE CONTENT IS PROVIDED "AS IS" AND WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF EXPECTATION OF PRIVACY, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, NON-INFRINGEMENT OR TITLE. IN NO EVENT SHALL PHSports & MyHorseSport OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, THE USE OF OR INABILITY TO USE THE SITE OR FOR ANY OF THE CONTENT OBTAINED THROUGH OR OTHERWISE IN CONNECTION WITH THE SITE, IN EACH CASE REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PHSports & MyHorseSport WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
PHSports & MyHorseSport neither warrants nor represents that your use of information and material on the Site will not infringe upon the intellectual property rights of third parties. PHSports & MyHorseSport shall not be liable for any virus or other damage to your computer equipment or other property due to your accessing, browsing, or using the Site or due to your downloading any audio, data, images, materials, pictures, text or video from the Site.
Use of information you provide PHSports & MyHorseSport
While PHSports & MyHorseSport takes reasonable steps to safeguard and to prevent unauthorized access to your private information, we cannot be responsible for the acts of those who gain unauthorized access, and we make no warranty, express, implied, or otherwise, that we will prevent unauthorized access to your private information. IN NO EVENT SHALL PHSports & MyHorseSport OR ITS AFFILIATES BE LIABLE FOR ANY DAMAGES (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, A THIRD PARTY'S UNAUTHORIZED ACCESS TO YOUR INFORMATION, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER PHSports & MyHorseSport WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT DAMAGES WERE POSSIBLE.
Links to other sites and to the Site
The Site may provide hyperlinks or references to other sites. While PHSports & MyHorseSport endeavors to provide links only to sites that are reputable and safe, we take no responsibility for the information, products, or services obtained on such other sites and will not be liable for any damages arising from your access to such sites. PHSports & MyHorseSport provides any such links to other sites merely for your convenience and our inclusion of such links and frames in the Site does not imply an endorsement of the linked or framed sites, their content, or the persons or entities operating those sites. Therefore, you assume sole responsibility for using links or pointers to third parties.
PHSports & MyHorseSport specifically denies you permission to hyperlink or provide references to the Site, unless you are allowed to do so under a separate written agreement with PHSports & MyHorseSport. You are also denied permission to use any trademarked or copyrighted material to provide such hyperlinks or references, unless you are allowed to do so under a separate written agreement with PHSports & MyHorseSport. PHSports & MyHorseSport bears no responsibility for sites that provide hyperlinks or references to the Site unless those sites are operated by PHSports & MyHorseSport.
Your communication with us
PHSports & MyHorseSport will not treat as confidential any communications you send to us by electronic mail or otherwise. PHSports & MyHorseSport has no obligation to refrain from publishing, reproducing, or otherwise using your communications in any way and for any purpose.
This Agreement constitutes the entire agreement governing your access to, dealings with, and use of the Site. Of course, separate agreements may attach to any goods, products, or services you obtain, purchase, or use from the Site. In the case of a conflict between this Agreement and any agreement specific to any goods, products, or services that you obtain, purchase, or use from the Site, the terms of the specific agreement shall govern.
Any failure of PHSports & MyHorseSport to assert any rights it may have under this Agreement does not constitute a waiver of our right to assert the same or any other right at any other time or against any other person or entity. If any provision of this Agreement is found to be invalid or unenforceable, then the invalid or unenforceable provision will be stricken from this Agreement without affecting the validity or enforceability of any other provision.