LIFE AT A GALLOP
Terms & Conditions
IMPORTANT LEGAL INFORMATION: PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY. IT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE SERVICE AND THE CONTENT MADE AVAILABLE THROUGH THE SERVICE.
IF YOU RESIDE IN THE U.S., THESE TERMS REQUIRE YOU TO ARBITRATE ANY DISPUTES YOU HAVE WITH US AND YOU WAIVE THE ABILITY TO BRING CLAIMS AGAINST US IN COURT, TO HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY, OR TO BRING ANY CLAIMS AGAINST US IN A CLASS ACTION FORMAT.
It is important to us that you, and our other visitors, have a special experience while using the Service and that when you use this Service you are fully aware of your respective legal rights and obligations. For that reason, we have created these Terms as the legally binding terms to govern your use of this Service.
You Accept These Terms.
Updates to Terms.
Please note that these Terms may be revised and reissued, prospectively, by posting updated terms on this Service. You consent and agree to receive notices of updates to these Terms through our posting of updated Terms on the Service. You should visit this page regularly to review the current terms. Your continued use of the Service will be deemed as irrevocable acceptance of any revisions. You should frequently check the home page and the email you associated with your account for notices, and you agree that the means set forth in these Terms are all reasonable manners of providing you with notice. You can reject any new, revised or Additional Terms by discontinuing use of the Service and related services.
This is a general audience Service for adults. We will assume (and by using this Service you warrant that) you have legal capacity to enter into the agreement set out in these Terms (i.e., that you are of sufficient age and mental capacity and are otherwise entitled to be legally bound in contract).
Online Privacy Notice.
Disclaimer of Warranties.
YOUR USE OF THIS SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT IN THE SERVICE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, OWN, AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF OWN (COLLECTIVELY, "FIVE HORSE") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FIVE HORSE DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THIS SERVICE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICE OR THE SERVERS THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FIVE HORSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY WEBSITES LINKED TO THE SERVICE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. FIVE HORSE MAKES NO WARRANTIES THAT YOUR USE OF THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT IN THE SERVICE OR ANY WEBSITE OR OTHER ONLINE SERVICE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND FIVE HORSE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT OF THE SERVICE OR ANY OTHER WEBSITE OR ONLINE SERVICE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
IF YOU ARE ACCESSING A UNITED KINGDOM VERSION OF THE SERVICE, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS, OR EMPLOYEES.
Limitation of Liability.
FIVE HORSE DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE SERVICE OR ANY OTHER WEBSITE OR ONLINE SERVICE, OR THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES, OR OTHER CONTENT ON THE SERVICE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE OWN GROUP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF FIVE HORSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING THEREIN.
EXCEPT AS MAY BE PROVIDED IN ANY ADDITIONAL TERMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FIVE HORSE’S TOTAL LIABILITY TO YOU, FOR ALL POSSIBLE DAMAGES, LOSSES, AND CAUSES OF ACTION IN CONNECTION WITH YOUR ACCESS TO AND USE OF THE SERVICE AND YOUR RIGHTS UNDER THESE TERMS, EXCEED AN AMOUNT EQUAL TO THE AMOUNT YOU HAVE PAID OWN TO ACCESS THE SERVICE OR IN CONNECTION WITH THE TRANSACTION(S) THAT UNDERLIE THE CLAIM(S); PROVIDED, HOWEVER, THIS PROVISION WILL NOT APPLY IF A TRIBUNAL WITH APPLICABLE JURISDICTION FINDS SUCH TO BE UNCONSCIONABLE. FOR PURPOSES OF CLARITY, THE PRIOR SENTENCE DOES NOT EXPAND OR LIMIT ANY EXPRESS, WRITTEN PRODUCT WARRANTY THAT IS PROVIDED BY US.
IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
Binding Arbitration of All Disputes; No Class Relief.
PLEASE READ THIS ENTIRE SECTION CAREFULLY, AS YOU ARE WAIVING CERTAIN LEGAL RIGHTS IN THE EVENT OF ANY DISPUTE WITH US AND ARE AGREEING TO BINDING ARBITRATION IF YOU ARE A U.S. RESIDENT, AMONG OTHER THINGS.
I. U.S. Residents:
A. First — Try to Resolve Disputes and Excluded Disputes. If any controversy, allegation, dispute or claim arises out of or relates to the Service, including, without limitation, gift cards offered via the Service, any advertising or marketing communications regarding FIVE HORSE or the Service, any products or services sold or distributed through the Service, the Material, your User Content, these Terms, or any Additional Terms, whether heretofore or hereafter arising (collectively, "Dispute"), or to any of FIVE HORSE’s actual or alleged intellectual property rights (an "Excluded Dispute", which includes those actions set forth in Section 7(F)), then you and we agree to engage in good-faith informal efforts to resolve a Dispute and Excluded Dispute by sending a written notice to the other providing a reasonable description of the Dispute or Excluded Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 7(A). Your notice to us must be sent via email to: firstname.lastname@example.orgThe written description included in your notice must be on an individual basis and provide at least the following information: your name; the nature or basis of the claim or dispute; and the relief sought. For a period of sixty (60) days from the date of receipt of notice from the other party, FIVE HORSE and you agree to negotiate in good faith about the dispute through an informal telephonic dispute resolution conference between you and FIVE HORSE in order to attempt to resolve the Dispute or Excluded Dispute, though nothing will require either you or FIVE HORSE to resolve the Dispute or Excluded Dispute on terms with respect to which you and FIVE HORSE, in each of our sole discretion, are not comfortable. The informal telephonic dispute resolution conferences shall be individualized such that a separate conference must be held each time either party intends to commence individual arbitration; multiple individuals initiating claims cannot participate in the same informal telephonic dispute resolution conference. If either party is represented by counsel, that party's counsel may participate in the informal telephonic dispute resolution conference, but the party also must appear at and participate in the conference. This informal dispute resolution process is a prerequisite and condition precedent to commencing any formal dispute resolution proceeding. The parties agree that any relevant limitations period and filing fee or other deadlines will be tolled while the parties engage in this informal dispute resolution process. If you reside in the U.S. (and as applicable to U.S. residents), certain portions of this Section 7 are deemed to be a "written agreement to arbitrate" pursuant to the Federal Arbitration Act. You and FIVE HORSE agree that we intend that this Section 7 satisfies the "writing" requirement of the Federal Arbitration Act ("FAA").
B. Binding Arbitration. If we cannot resolve a Dispute as set forth in Section 7(A)within sixty (60) days of receipt of the notice, then ANY DISPUTE ARISING BETWEEN YOU AND FIVE HORSE (whether based in contract, statute, regulation, ordinance, tort— including, but not limited to, fraud, any other intentional tort or negligence,—common law, constitutional provision, respondeat superior, agency or any other legal or equitable theory), whether arising before or after the effective date of these Terms,, MUST BE RESOLVED BY FINAL AND BINDING ARBITRATION. For U.S. residents, the FAA, not state law, shall govern the arbitrability of all disputes between FIVE HORSE and you regarding these Terms (and any Additional Terms) and the Service, including the "No Class Action Matters" Section below. BY AGREEING TO ARBITRATE, EACH PARTY IS GIVING UP ITS RIGHT TO GO TO COURT AND HAVE ANY DISPUTE HEARD BY A JUDGE OR JURY. FIVE HORSE and you agree, however, that the applicable state, federal or provincial law shall apply to and govern, as appropriate, any and all claims or causes of action, remedies, and damages arising between you and FIVE HORSE regarding these Terms and the Service, whether arising or stated in contract, statute, common law, or any other legal theory, without regard to any jurisdiction's choice of law principles. An Excluded Dispute will only be subject to binding arbitration pursuant to this Section 7 if the parties mutually agree.
Any Dispute will be resolved solely by binding arbitration in accordance with the then-current: (i) Consumer Arbitration Rules then in effect since the matter involves a "consumer" agreement as defined by Consumer Arbitration Rule R-1; and if such Consumer Arbitration Rules do not apply then: (ii) the Commercial Arbitration Rules(collectively, "Rules") of the American Arbitration Association ("AAA"), except as modified herein, and the arbitration will be administered by the AAA. If a party properly submits the Dispute to the AAA for formal arbitration and the AAA is unwilling to set a hearing, then either party can elect to have the arbitration administered by the Judicial Arbitration and Mediation Services Inc. ("JAMS") using JAMS' streamlined Arbitration Rules and Procedures, or by any other arbitration administration service that you and an officer or legal representative of FIVE HORSE consent to in writing.
C. Arbitration Process. If after sixty (60) days the informal dispute resolution procedure set forth in Section 7(A) above is unsuccessful in resolving the parties' dispute, a party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the Rules. (The AAA provides applicable forms for Demands for Arbitration available at https://www.adr.org/sites/default/files/Demand_for_Arbitration_0.pdf (Commercial Arbitration Rules) and https://www.adr.org/sites/default/files/Consumer_Demand_for_Arbitration_Form_1.pdf (Consumer Arbitration Rules), and a separate affidavit for waiver of fees for California residents only is available at https://adr.org/sites/default/files/Waiver_of_Fees_CA_Only.pdf.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state or county in which you reside. The parties will first attempt to agree on an arbitrator. If the parties are unable to agree upon an arbitrator within twenty-one (21) days of receiving the AAA's list of eligible neutrals, then the AAA will appoint the arbitrator in accordance with the Rules. The arbitration may be conducted by telephone or based on written submissions, and if an in-person hearing is required, then it will be conducted in the county where you live or at another mutually agreed upon location. You and we will pay the administrative and arbitrator's fees and other costs (and please note that you will be responsible for a portion or percentage of such fees) in accordance with the requirements of the Rules; but if the Rules (or other applicable arbitration rules or laws) require FIVE HORSE to pay a greater portion or all of such fees and costs in order for this Section 7 to be enforceable, then FIVE HORSE will have the right to elect to pay the fees and costs and proceed to arbitration. Except as set forth in Section 7(D), the arbitration will be conducted by a single arbitrator who will apply and be bound by these Terms and any Additional Terms, and will determine any Dispute according to applicable law and facts based upon the record and no other basis, and will issue a reasoned award only in favor of the individual party seeking relief and only to the extent to provide relief warranted by that party's individual claim. The arbitrator will render an award within the time frame specified in the Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator will have the authority to award monetary damages on an individual basis and to grant, on an individual basis, any non-monetary remedy or relief available to an individual to the extent available under applicable law, the Rules, and these Terms. The arbitrator's award of damages and/or other relief must be consistent with the terms of the "Limitation of Liability" Section above as to the types and the amounts of damages or other relief for which a party may be held liable. If a claim is brought seeking public injunctive relief and a court determines that the restrictions prohibiting the arbitrator from awarding relief on behalf of third parties are unenforceable with respect to such claim (and that determination becomes final after all appeals have been exhausted), the claim for public injunctive relief will be determined in court and any individual claims will be arbitrated. In such a case, the court shall stay the claim for public injunctive relief until the arbitration pertaining to individual relief has been entered in court. In no event will a claim for public injunctive relief be arbitrated. All issues are for the arbitrator to decide, except that issues relating to the scope and enforceability of the arbitration and class action waiver provisions are for the court to decide. Attorneys' fees will be available to the prevailing party in the arbitration only if authorized under applicable substantive law governing the claims in the arbitration. If the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), FIVE HORSE will have the right to recover its attorneys' fees and expenses. This arbitration provision shall survive termination of these Terms or the Service. You can obtain AAA and JAMS procedures, rules, and fee information as follows: AAA: 800.778.7879 and http://www.adr.org and JAMS: 800.352.5267 and http://www.jamsadr.com.
D. Special Additional Procedures for Mass Arbitration. If twenty-five (25) or more similar claims are asserted against FIVE HORSE by the same or coordinated counsel or are otherwise coordinated, you understand and agree that the resolution of your Dispute might be delayed. You also agree to the following coordinated bellwether process and application of the AAA Multiple Consumer Case Filing Fee Schedule. Counsel for the claimants and counsel for FIVE HORSE shall each select ten (10) cases (per side) to proceed first in individual arbitration proceedings as part of a bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. If the parties are unable to resolve the remaining cases after the conclusion of the initial twenty (20) proceedings, each side shall select another ten (10) cases (per side) to proceed to individual arbitration proceedings as part of a second bellwether process. The remaining cases shall not be filed or deemed filed in arbitration nor shall any AAA fees be assessed in connection with those cases until they are selected to proceed to individual arbitration proceedings as part of a bellwether process. A single arbitrator shall preside over each case. Only one case may be assigned to each arbitrator as part of a bellwether process unless the parties agree otherwise. This staged process shall continue, consistent with the parameters identified above, until all the claims included in these coordinated filings, including your case, are adjudicated or otherwise resolved. The statute of limitations and any filing fee deadlines shall be tolled for claims subject to this Section 7(D) from the time of the first cases are selected for a bellwether process until the time your case is selected for a bellwether process, withdrawn, or otherwise resolved. A court shall have authority to enforce this Section 7(D) and, if necessary, to enjoin the mass filing or prosecution of arbitration demands against FIVE HORSE.
E. Limited Time to File Claims. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IF YOU OR WE WANT TO ASSERT A DISPUTE (BUT NOT AN EXCLUDED DISPUTE) AGAINST THE OTHER, THEN YOU OR WE MUST COMMENCE IT (BY DELIVERY OF WRITTEN NOTICE AS SET FORTH IN SECTION 7(A)) WITHIN ONE (1) YEAR AFTER THE DISPUTE ARISES -- OR IT WILL BE FOREVER BARRED. Commencing means, as applicable: (a) by delivery of written notice as set forth above in Section 7(A); (b) filing for arbitration as set forth in Section 7(B); or (c) filing an action in state, Federal or provincial court.
F. Injunctive Relief. The foregoing provisions of this Section 7 will not apply to any legal action taken by FIVE HORSE to seek an injunction or other equitable relief in connection with, any loss, cost, or damage (or any potential loss, cost, or damage) relating to the Service, any Material, your User Content and/or FIVE HORSE’s intellectual property rights (including any that FIVE HORSE may claim are in dispute), FIVE HORSE's operations, and/or FIVE HORSE's products or services.
G. No Class Action Matters. YOU AND OWN AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING OR AS AN ASSOCIATION. Except as expressly contemplated for mass arbitrations set forth in Section 7(D), Disputes will be arbitrated only on an individual basis and will not be joined or consolidated with any other arbitrations or other proceedings that involve any claim or controversy of any other party. There shall be no right or authority for any Dispute to be arbitrated on a class action basis or on any basis involving Disputes brought in a purported representative capacity on behalf of the general public, or other persons or entities similarly situated. But if, for any reason, any court with competent jurisdiction holds that this restriction is unconscionable or unenforceable, then our agreement in Section 7(B) to arbitrate will not apply and the Dispute must be brought exclusively in court pursuant to Section 7(H). Notwithstanding any other provision of this Section 7, any and all issues relating to the scope, interpretation and enforceability of the class action waiver provisions contained herein (described in this "No Class Action Matters" section), are to be decided only by a court of competent jurisdiction, and not by the arbitrator. The arbitrator does not have the power to vary these class action waiver provisions.
H. Jurisdictional Issues. Except where arbitration is required above or with respect to the enforcement of any arbitration decision or award, any action or proceeding relating to any Dispute or Excluded Dispute arising hereunder may only be instituted in state or Federal court in Los Angeles County, California. Accordingly, you and FIVE HORSE consent to the exclusive personal jurisdiction and venue of such courts for such matters.
I. Small Claims Matters Are Excluded from Arbitration Requirement. Notwithstanding the foregoing, either of us may bring qualifying claim of Disputes (but not Excluded Disputes) in small claims court on an individual basis for disputes and actions within the scope of such court's jurisdiction.
II. Non-U.S. Residents: If you reside outside of the United States, any controversy, allegation, or claim (including any non-contractual claim) arises out of or relates to the Service or Terms, then you and we agree to send a written notice to the other providing a reasonable description of the Section 8II Dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us. But if no such information exists or if such information is not current, then we have no obligation under this Section 8II. For a period of sixty (60) days from the date of receipt of notice from the other party, FIVE HORSE and you will engage in a dialogue in order to attempt to resolve the Section 8II Dispute, though nothing will require either you or FIVE HORSE to resolve the Section 8II Dispute on terms which either you or FIVE HORSE, in each of our sole discretion, are uncomfortable with. Nothing in this Section will prevent a party from pursuing their claims in Court or another complaint process.
Trademarks and Copyrights.
This Service (including past, present, and future versions), including any content and materials incorporated by FIVE HORSE on this Service ("Material") are protected by copyrights, patents, trade secrets or other proprietary rights ("Copyrights"). Some of the characters, logos, or other images incorporated by FIVE HORSE on this Service are also protected as registered or unregistered trademarks, trade names, and/or service marks owned by FIVE HORSE or others ("Trademarks"). All right, title, and interest in and to the Material available via the Service is the property of FIVE HORSE or our licensors or certain other third parties, and is protected by U.S., Canadian and international copyright, trademark, trade dress, patent, and/or other intellectual property and unfair competition rights and laws to the fullest extent possible. FIVE HORSE respects the intellectual property rights of others and asks users of this Service to do the same.
When using the Service, you must respect the intellectual property and other rights of FIVE HORSE and others. Your unauthorized use of Material may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability.
FIVE HORSE and its affiliates have a no-tolerance policy regarding the use of our Material, including our Trademarks or names in metatags and/or hidden text. Specifically, the use of our Trademarks in metatag keywords is trademark infringement, and the use of Trademarks in page text, metatags, and/or hidden text for purposes of gaining higher rankings from search engines is unfair competition. Linking to any page on this Service is prohibited absent express written permission from FIVE HORSE. Framing, inline linking or other association of this Service or its or its suppliers' software or HTML code, scripts, text, artwork, photographs, images, video, and audio with links, advertisements and/or other information not originating from the Service is expressly prohibited.
Your Use of Material.
Your right to make use of this Service and any Material appearing on it is subject to your compliance with these Terms. Modification or use of the Material on this Service for any purpose not permitted by these Terms may be a violation of the Copyrights and/or Trademarks protected by law and these Terms and is prohibited.
Subject to your strict compliance with these Terms and any Additional Terms, you may access and display Material and all other content displayed on this Service for non-commercial, personal, entertainment use on a single computer, mobile phone or other wireless device, or other Internet enabled device (each, a "Device") only and FIVE HORSE grants you a limited, non-exclusive, revocable, non-assignable, personal, and non-transferable license to download (temporary storage only), display, view, use, play, and/or print one copy of the Material (excluding source and object code in raw form or otherwise, other than as made available to access and use to enable display and functionality) on a personal Device for your personal, non-commercial use only. The foregoing limited license: (i) does not give you any ownership of, or any other intellectual property interest in, any Material, and (ii) may be immediately suspended or terminated for any reason, in FIVE HORSE's sole discretion, and without advance notice or liability. In some instances, we may permit you to have greater access to and use of Material, subject to certain Additional Terms. The Material and all other content on this Service may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed, or used in any way unless specifically authorized by FIVE HORSE. Any authorization to copy Material granted by FIVE HORSE in any part of this Service for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single device only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on this Service into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, COMMENT SECTIONS, COMMUNITY PAGES, OR OTHER FORUMS ON THIS SERVICE ("FORUMS") ARE NOT NECESSARILY THOSE OF FIVE HORSE OR CONTENT PROVIDERS. FIVE HORSE DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF FIVE HORSE. FIVE HORSE MAY REMOVE OR MODIFY ANY MATERIAL WITHOUT NOTICE OR LIABILITY AT ANY TIME IN FIVE HORSE'S SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT IN THESE TERMS.
Submissions, Postings, and Emails.
FIVE HORSE is interested in hearing from you regarding your questions or comments about our Service. However, FIVE HORSE does not accept or consider unsolicited submissions of any kind (e.g., ideas, treatments, concepts, or any other materials) in any format, by any means of transmission (including email). In your communications with FIVE HORSE, please keep in mind that we do not seek any unsolicited ideas or materials for products or services, or even suggested improvements to products or services, including, without limitation, ideas, concepts, inventions, or designs for music, websites, apps, books, scripts, screenplays, motion pictures, television shows, theatrical productions, software or otherwise (collectively, "Unsolicited Ideas and Materials"). Any Unsolicited Ideas and Materials you post on or send to us via the Service are deemed User Content and licensed to us as set forth in Section 14 below. In addition, FIVE HORSE retains all of the rights held by members of the general public with regard to your Unsolicited Ideas and Materials. FIVE HORSE's receipt of your Unsolicited Ideas and Materials is not an admission by FIVE HORSE of their novelty, priority, or originality, and it does not impair FIVE HORSE's right to contest existing or future intellectual property rights relating to your Unsolicited Ideas and Materials.
Except as otherwise described in any Additional Terms, you agree that: (a) your submissions will be treated as non-confidential — regardless of whether you mark them "confidential," "proprietary," or the like — and will not be returned; and (b) FIVE HORSE does not assume any obligation of any kind to you or any third party with respect to your submissions. Upon FIVE HORSE's request, you will furnish us with any documentation necessary to substantiate the rights to such content and to verify your compliance with these Terms or any Additional Terms. You acknowledge that the Internet and mobile communications may be subject to breaches of security and that you are aware that submissions of may not be secure, and you will consider this before submitting any content and do so at your own risk.
From time to time, areas on this Service may expressly request submissions of concepts, stories, or other potential content from you ("Invited Submissions"). Where this is the case, please carefully read any specific rules or other Additional Terms which appear elsewhere on this Service to govern those submissions, as they will affect your legal rights. If no Additional Terms govern those submissions, then these Terms will apply in full to any Invited Submissions you make. IN ANY EVENT, ANY MATERIAL YOU SEND TO US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Service.
Our Use of Content.
FIVE HORSE will consider anything you provide to FIVE HORSE and/or contribute to this Service as available for our use free of any obligations to you (including any payment), except where Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Service in which event those Additional Terms will determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
Reviews, responses, profile entries, posts, or questions may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use this public content to develop aggregate ratings, personalize site views, market products, or identify or feature popular members. By posting or uploading any content to this Service, including posts, responses, and/or providing any communication or material to FIVE HORSE ("User Content"), you automatically and irrevocably:
a. Retain ownership of your User Content, and grant to FIVE HORSE an irrevocable, royalty-free, perpetual, non-exclusive, unrestricted, worldwide right and license to any and all rights in the User Content, including, without limitation, all copyright, together with all consents (if any) necessary to enable its reproduction, distribution, modification, publishing, and/or other exploitation by FIVE HORSE and/or by any person authorized by FIVE HORSE, by any means and in all media now known or hereafter devised, without payment or other reference to you or any other person, and to advertise and promote such exploitation, for the full period of all such rights (together with any extensions and renewals) and insofar as possible in perpetuity;
b. Waive all moral rights in the User Content which may be available to you in any part of the world and confirm that no such rights have been asserted;
c. Appoint FIVE HORSE as your agent with full power to enter into any document and/or do any act FIVE HORSE may consider appropriate to confirm the grant and assignment, consent and waiver set out above;
d. Warrant that you are the owner of the User Content and entitled to enter into these Terms; and
e. Confirm that no such User Content will be subject to any obligation, of confidence or otherwise, to you or any other person and that FIVE HORSE shall not be liable for any use or disclosure of such User Content.
In order to further effect the rights and license that you grant to FIVE HORSE to your User Content, you also hereby grant to FIVE HORSE, and agree to grant to FIVE HORSE, the unconditional, perpetual, irrevocable right to use and exploit your name, persona, and likeness in connection with any User Content, without any obligation or remuneration to you. Except as prohibited by law, you hereby waive, and you agree to waive, any moral rights (including attribution and integrity) that you may have in any User Content, even if it is altered or changed in a manner not agreeable to you. To the extent not waivable, you irrevocably agree not to exercise such rights (if any) in a manner that interferes with any exercise of the granted rights.
You understand that you will not receive any fees, sums, consideration, or remuneration for any of the rights granted in this Section 15. Each time you submit any User Content, you represent and warrant that you are at least the age of majority in the jurisdiction in which you reside or are the parent or legal guardian, or have all proper consents from the parent or legal guardian, of any minor who is depicted in or contributed to any User Content you submit, and that, as to that User Content: (a) you are the sole author and owner of the intellectual property and other rights to the User Content, or you have a lawful right to submit the User Content and grant FIVE HORSE the rights to it that you are granting by these Terms and any Additional Terms, all without any FIVE HORSE obligation to obtain consent of any third party and without creating any obligation or liability of FIVE HORSE ; (b) the User Content is accurate; (c) the User Content does not and, as to FIVE HORSE's permitted uses and exploitation set forth in these Terms, will not infringe any intellectual property or other right of any third party; and (d) the User Content will not violate these Terms (including the House Rules) or any Additional Terms, or cause injury or harm to any person.
Claims of Infringement.
If you believe that any Material appearing on this Service infringes your copyrights please visit our DMCA: Digital Millennium Copyright Act Notice and Policy.
If you own intellectual property other than copyrights and believe that your intellectual property has been infringed by an improper posting or distribution of it via the Service, then you may send us a written notice using the contact information in Section 35 below that includes all of the following:
a. a legend or subject line that says: "Intellectual Property Infringement Notice";
b. a description of the intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing or is the subject of infringing activity is located that is reasonably sufficient to permit us to locate the material (please include the URL or page of the Service on which the material appears);
d. your full name, address, telephone number and email address;
e. a statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the owner of the intellectual property, its agent, or the law;
f. a statement by you, made under penalty of perjury, that all the information in your notice is accurate, and that you are the owner of the intellectual property at issue (or, if you are not the owner, then your statement must indicate that you are authorized to act on the behalf of the owner of the intellectual property that is allegedly infringed); and
g. your electronic or physical signature.
We will act on such notices in our sole discretion. Any user of the Service that fails to respond satisfactorily to FIVE HORSE with regard to any such notice is subject to suspension or termination. We may send the information that you provide in your notice to the person who provided the allegedly infringing material.
Product Specifications; Pricing; Typographical Errors.
We do our best to describe every product or service offered on this Service as accurately as possible. However, we are human, and therefore we do not warrant that product specifications, pricing, or other content on the Service is complete, accurate, reliable, current, or error-free. In the event of any errors relating to the pricing or specifications, FIVE HORSE shall have the right to refuse or cancel any orders in its sole discretion. If we charged your credit card or other account prior to cancellation, we will issue a credit to your account in the amount of the charge. Additional Terms may apply. If a product you purchased from FIVE HORSE is not as described, your sole remedy is to return it in unused condition, complete and undamaged, in the original packaging.
Seller; Risk of Loss.
FIVE HORSE is or may be the seller of various goods and services on the Service. All items purchased from the Service are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon delivery to the carrier.
Responsible Use of the Service.
Please act responsibly when using this Service. You may only use this Service and its contents for lawful purposes and in accordance with applicable law and you are prohibited from storing, distributing, or transmitting any unlawful material, impersonations, and other scams through this Service. You may not collect or store personal information regarding other users. You recognize that storing, distributing, or transmitting unlawful material could expose you to criminal and/or civil liability. You agree that if a third-party claims that material you have contributed to the Service is unlawful, you will bear the burden of establishing that it is lawful. You understand and agree that all materials publicly posted or privately transmitted on or through this Service are the sole responsibility of the sender, not FIVE HORSE, and that you are responsible for all material you upload, publicly post or otherwise transmit to or through this Service.
Further, you agree that you will not: (i) use the Service for any political or commercial purpose (including, without limitation, for purposes of advertising, soliciting funds, collecting product prices, and selling products); (ii) use any meta tags or any other "hidden text" utilizing any Trademarks; (iii) engage in any activities through or in connection with the Service that seek to attempt to or do harm any individuals or entities or are unlawful, offensive, obscene, lewd, lascivious, filthy, violent, threatening, bullying, harassing, or abusive, or that violate any right of any third party, or are otherwise objectionable to FIVE HORSE; (iv) reverse engineer, decompile, disassemble, reverse assemble, or modify any Service source or object code or any software or other products, services, or processes accessible through any portion of the Service; (v) engage in any activity that interferes with a user's access to the Service or the proper operation of the Service, or otherwise causes harm to the Service, FIVE HORSE, or other users of the Service; (vi) interfere with or circumvent any security feature of the Service or any feature that restricts or enforces limitations on use of or access to the Service, the Material, or the User Content; (vii) harvest or otherwise collect or store any information (including personally identifiable information about other users of the Service, including email addresses, without the express consent of such users); (viii) attempt to gain unauthorized access to the Service, other computer systems or networks connected to the Service, through password mining or any other means; (ix) submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature; (x) manipulate identifiers, including by forging headers, in order to disguise the origin of any User Material that you submit; (xi) "frame" or "mirror" any part of the Service; (xii) remove any copyright, trademark, or other proprietary rights notices contained on the Service; (xiii) use any computer program, bot, robot, spider, offline reader, site search/retrieval application, or other manual or automatic device, tool, or process to retrieve, index, data mine, or in any way reproduce or circumvent the security structure, navigational structure, or presentation of the Material or the Service. Operators of public search engines may use spiders to copy materials from the Service for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past; (xiv) take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure; or (xv) otherwise violate these Terms or any Additional Terms.
As a user of the Service, you agree that the House Rules located at https://www.luxurydossier.com/houserules are there to help you understand the conduct that is expected of FIVE HORSE users who participate in Forums, including any social networking opportunities on the Service. In addition to the House Rules, we ask that your User Content relate to the content on the Service and should be intended to add to the discussion and community on the Service. It should not include irrelevant topics or postings. Your participation in the Forums is subject to the Terms, including the House Rules and any Additional Terms. We reserve the right, in our sole discretion, to monitor and screen all User Content submitted to the Service and may bar the posting or remove any User Content that, in our sole discretion, violates these Terms, including the House Rules or any Additional Terms, or that we otherwise find objectionable.
In addition, you are prohibited from removing any sponsorship banners or other material inserted by FIVE HORSE anywhere on this Service (e.g., on any web space made available for your use).
If you have a dispute with one or more users (including merchants), you release us (and our parent companies, affiliates and subsidiaries, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs, or expenses and damages (actual and consequential of every kind and nature, known and unknown, arising out of or in any way connected with such disputes). In entering into this release, you expressly waive any protections (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims which you may know or suspect to exist in your favor at the time of agreeing to this release.
You agree to, and you hereby, defend, indemnify, and hold the FIVE HORE harmless from and against any and all claims, damages, losses, costs, investigations, liabilities, judgments, fines, penalties, settlements, interest, and expenses (including attorneys' fees) that directly or indirectly arise from or are related to any claim, suit, action, demand, or proceeding made or brought against FIVE HORSE, or on account of the investigation, defense, or settlement thereof, arising out of or in connection with, whether occurring heretofore or hereafter: (i) your User Content; (ii) your use of the Service and your activities in connection with the Service; (iii) your breach or alleged breach of these Terms or any Additional Terms; (iv) your violation or alleged violation of any laws, rules, regulations, codes, statutes, ordinances, or orders of any governmental or quasi-governmental authorities in connection with your use of the Service or your activities in connection with the Service; (v) information or material transmitted through your Device, even if not submitted by you, that infringes, violates, or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy, or other right of any person or entity; (vi) any misrepresentation made by you; and (vii) FIVE HORSE’s use of the information that you submit to us (including your User Content) (all of the foregoing, "Claims and Losses"). You will cooperate as fully required by FIVE HORSE in the defense of any Claims and Losses. Notwithstanding the foregoing, FIVE HORSE retains the exclusive right to settle, compromise, and pay any and all Claims and Losses. FIVE HORSE reserves the right to assume the exclusive defense and control of any Claims and Losses. You will not settle any Claims and Losses without, in each instance, the prior written consent of an officer of FIVE HORSE.
Without limitation, you agree not to send, create, or reply to so called "mailbombs" (i.e., emailing copies of a single message to many users, or sending large or multiple files or messages to a single user with malicious intent), or conduct impersonations or other scams, or engage in "spamming" (i.e., unsolicited emailing for business or other purposes) or undertake any other activity which may adversely affect the operation or enjoyment of this Service by any other person, including placing malware on the Service.
You may not reproduce, sell, resell, or otherwise exploit any resource, or access to any resource, contained on this Service.
Violation of Security Systems.
You are prohibited from using any services or facilities provided in connection with this Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools, malware, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, FIVE HORSE reserves the right to release your details to system administrators at other sites, law enforcement and/or governmental authorities in order to assist them in resolving security incidents.
FIVE HORSE reserves the right to investigate suspected violations of these Terms, including, without limitation, any violation arising from any submission, posting or emails you make or send to any Forum. FIVE HORSE may seek to gather information from the user who is suspected of violating these Terms and from any other user. FIVE HORSE may suspend any users whose conduct or postings are under investigation and may remove such material from its servers as it deems appropriate and without notice. If FIVE HORSE believes, in its sole discretion, that a violation of these Terms has occurred, it may edit or modify any submission, posting or emails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts, or take other corrective action it deems appropriate. FIVE HORSE will fully cooperate with any law enforcement authorities or court order requesting or directing FIVE HORSE to disclose the identity of anyone posting any emails, or publishing or otherwise making available any materials that are believed to violate these Terms. BY ACCEPTING THESE TERMS, YOU WAIVE AND HOLD HARMLESS ALL MEMBERS OF THE OWN GROUP FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY MEMBER OF FIVE HORSE DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUNCE OF INVESTIGATIONS BY EITHER A MEMBER OF FIVE HORSE OR LAW ENFORCEMENT AUTHORITIES.
In order to use this Service, you must obtain access to the World Wide Web and possibly pay any service fee associated with that access. You are responsible for obtaining and maintaining all Devices and other equipment and software, and all internet service provider, mobile service, and other services needed for your access to and use of the Service and you will be responsible for all charges related to them.
Reservation of Rights.
FIVE HORSE reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Service and/or any software, facilities, and services on this Service, with or without notice and/or to establish general guidelines and limitations on their use.
FIVE HORSE makes no representation that Materials or other content on the Service are appropriate or available for use outside the United States, its territories, possessions, and protectorates. If you choose to access the Service from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country you reside in.
This Service may link you to other sites on the Internet. These sites may contain information or material that some people may find inappropriate or offensive. These other sites are not under the control of FIVE HORSE, and you acknowledge that (whether or not such sites are affiliated in any way with FIVE HORSE) FIVE HORSE is not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites. The inclusion of such a link on this Service does not imply endorsement of any site by FIVE HORSE or any association with its operators.
FIVE HORSE cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from FIVE HORSE since the third-party sites are owned and operated by independent retailers. FIVE HORSE does not endorse any of the merchandise, nor has FIVE HORSE taken any steps to confirm the accuracy or reliability of any of the information contained on such third-party sites. FIVE HORSE does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third-party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third-parties.
Proprietary Online Services.
Any area of this Service that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
The Materials and all other content in this Service are presented for the purpose of providing information regarding television programming, products, or services available in the United States and elsewhere.
Choice of Law.
With the exception of Section 8 which will be construed in accordance with the FAA and California law, these Terms shall be governed by, construed and enforced in accordance with the laws of the State of North Carolina, as they are applied to agreements entered into and to be performed entirely within North Carolina.
Notice for California Users.
Under California Civil Code Section 1789.3, California users of the Service are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
How to Contact Us.
This Service is controlled and operated by FIVE HORSE located at 3326 Parker Padgett Road, Old Fort, NC 28762.
As permitted by applicable law, when you communicate with us electronically, such as via email and text message, you consent to receive communications from us electronically. Please note that we are not obligated to respond to inquiries that we receive. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
If any provision of these Terms are adjudged, by written decision, to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. These Terms and any Additional Terms are the entire agreement between you and FIVE HORSE relating to the matters contained here and the Service. FIVE HORSE may assign its rights and obligations under these Terms and any Additional Terms, in whole or in part, to any party at any time without any notice. These Terms and any Additional Terms may not be assigned by you, and you may not delegate your duties under them, without the prior written consent of an officer of FIVE HORSE. Except as expressly set forth in these Terms or any Additional Terms: (i) no failure or delay by you or FIVE HORSE in exercising any of rights, powers, or remedies hereunder will operate as a waiver of that or any other right, power, or remedy, and (ii) no waiver or modification of any term of these Terms or any Additional Terms will be effective unless in writing and signed by the party against whom the waiver or modification is sought to be enforced. For avoidance of doubt, nothing herein shall be construed to restrict FIVE HORSE's right to amend these Terms or any Additional Terms as otherwise permitted in those agreements.
Terms Applicable For Apple Device Users.
If you are accessing or using the App through a device manufactured and/or sold by Apple, Inc. ("Apple", with such a device herein referenced as an "Apple Device"):
1. (i) To the extent that you are accessing the Service through an Apple Device, you acknowledge that these Terms are entered into between you and FIVE HORSE and, that Apple is not a party to these Terms other than as third-party beneficiary as contemplated below.
2. (ii) The license granted to you in Section 1 of these Terms is subject to the permitted Usage Rules set forth in the Apple App Store Terms and Conditions (see: http://www.apple.com/legal/itunes/us/terms.html) and any third party terms of agreement applicable to the Service.
3. (iii) You acknowledge that FIVE HORSE, and not Apple, is responsible for providing the Service and Material thereof.
4. (iv) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance or any support services to you with respect to the Service.
5. (v) To the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Service.
6. (vi) Notwithstanding anything to the contrary herein, and subject to the terms in these Terms, you acknowledge that, solely as between Apple and FIVE HORSE, FIVE HORSE and not Apple is responsible for addressing any claims you may have relating to the Service, or your possession and/or use thereof, including, but not limited, to: (i) product liability claims, (ii) any claim that the Service fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
7. (vii) Further, you agree that if the Service, or your possession and use of the Service, infringes on a third party's intellectual property rights, you will not hold Apple responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claims.
8. (viii) You acknowledge and agree that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof.
9. (ix) When using the Service, you agree to comply with any and all third-party terms that are applicable to any platform, website, technology or service that interacts with the Service.
10. (x) You represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.