Terms and Conditions
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE. YOUR USE OF THIS WEBSITE CONFIRMS YOUR UNCONDITIONAL ACCEPTANCE OF THE FOLLOWING TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, DO NOT USE THIS WEBSITE.
The use of this website (“Site”)is governed by the policies, terms and conditions (“Terms”)of EquiStencils, LLC, (“We” and/or “EquiStencils”) as set forth below and elsewhere on the Site. EquiStencils, LLC is a Colorado limited liability company; Copyright 2011; Patent Pending. All rights reserved. By using this Site, you (“You” and/or the “User”) agree to these Terms. If You do not agree to these Terms, You may not use, review or purchase products from this Site. EquiStencils reserves the right, at any time, to modify, alter or update these Terms, and You agree to be bound by such modifications, alterations or updates. These Terms are for the User and cannot and may not be transferred, assigned or delegated to any third-party. Any attempt to transfer, assign or delegate these Terms shall be automatically null and void.
Acceptable Site Use
This is an e-commerce shopping Site and no other use is permitted. This Site may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this Site or using it to obtain products not properly ordered and fully paid for. Users may not send unsolicited email messages ("spam") to or through the Site or otherwise harass the Site owner or other users. We reserve the right to refuse to deal with any User who violates our rules and Terms.
Limited Use License
This Site is provided by EquiStencils and may be used for its stated purposes only. By using this Site or purchasing products or materials from this Site, You agree to abide by the terms and conditions set forth in these Terms. If You do not agree to abide by these terms and conditions, do not use this Site. Subject to your continued compliance with the Terms set forth in this Agreement, EquiStencils grants you, a non-exclusive, non-transferable, limited right to access, view and listen, as applicable, to this Site and the information, images, sounds, text ("Materials") thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. EquiStencils authorizes You to view the Materials at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restriction; You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Worldwide copyright laws and treaty provisions protect this Site, including all Materials and products, whether or not a copyright notice is present on the Materials. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials and products. Except as expressly provided herein, EquiStencils does not grant any express or implied right of ownership to You under any patent, trademark or copyright laws in the United States or abroad.
Intellectual Property, Copyrights, Trademarks and Patents
The EquiStencil website contains intellectual property protected by United States copyright, trademark and patent laws and is protected by, and
through, any and all applicable international laws, treaties, and/or conventions. No ownership rights are transferred, conveyed or sold through purchases or in any other manner on or through this Site or in any other transaction without the express written authorization of EquiStencils. Content
on this Site which is described and illustrated herein and which may be sold through internet sales or any other outlet, including but not limited to, any
and all products, services, images, photos, illustrations, graphics, audio clips, music, animation, sounds, video clips and text, are the exclusive
intellectual property of EquiStencils and are subject to intellectual property rights owned exclusively by EquiStencils (“EquiStencils IP”). Any third party intellectual property which has been licensed to EquiStencils will be noted appropriately. Unauthorized reproduction, distribution or use of the EquiStencils IP may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. EquiStencils reserves ownership rights and all other rights to its intellectual property.
No part of EquiStencils IP may be reproduced, recreated or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, except as expressly permitted in writing by EquiStencils, LLC. All inquiries and requests should be sent to Attention: Rob Phillips, Attorney-at-Law, RMBA Group, 215 West Oak Street, Suite 600, Fort Collins, Colorado 80521.
All trademarks displayed on this site are subject to the U.S. trademark rights of EquiStencils. These trademarks include, but are not limited to, product brand names, slogans and logos. The unauthorized use of any trademark displayed on this site is strictly prohibited.
All products, services, images, photos, illustrations, graphics, audio clips, music, animation, sounds, video clips and text, and other materials on this Site are subject to the copyrights, trademark, patent rights and any other intellectual property rights of EquiStencils, its affiliated companies and its licensors. EquiStencils owns the copyrights in the selection, coordination and arrangement of the Materials on this Site. These Materials may not be copied for commercial use or distribution, nor may these Materials be modified or reposted to other sites.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER EQUISTENCILS NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER EQUISTENCILS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, PRODUCTS, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE. CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
IN NO EVENT WILL EQUISTENCILS, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE OR OUR PRODUCTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS SOLD OR SERVICES PERFORMED OR CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
EQUISTENCILS TOTAL LIABILITY FOR ANY PRODUCT AND/OR SERVICES IS LIMITED TO THE AMOUNT PAID FOR SUCH PRODUCT AND/OR SERVICES AND USER SHALL FULLY DEFEND, INDEMNIFY, AND HOLD HARMLESS EQUISTENCILS, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO, OR RESULTING FROM, YOUR USE OF THIS SITE AND RELATED PRODUCTS AND SERVICES AND/OR YOUR VIOLATION OF THESE TERMS.
Furthermore, the User understands and agrees that equine activities carry with them inherent risks, including but not limited to: the propensity of the animal to behave in ways that may result in injury, harm or death to persons on or around them and the unpredictability of the animal’s reaction to such things as sounds, sudden movement and unfamiliar objects. The User acknowledges that under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. Therefore, the User agrees to defend, indemnify, and hold harmless EquiStencils, its subsidiaries, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns from and against any claims, actions or demands, including without limitation reasonable legal fees, made by any User and/or any third party due to or resulting from your use of this Site or any EquiStencils product or materials or your violation of these Terms.
EquiStencils expressly rejects and does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website.
Waiver
The failure of EquiStencils to insist in any one or more instances upon the strict performance of any provision of these Terms shall not be construed as a waiver of such provision, but the same shall continue and remain in full force and effect. No waiver by EquiStencils shall be deemed to have been made unless expressed in writing herein.
Customer Feedback
We welcome customer reviews and feedback. Customer satisfaction is our goal and we are to serve our customers. If at any time you are not satisfied
with our products, promptly return for a full refund or replacement. Any customer reviews are for informational purposes only and reflect the
thoughts and experiences of that customer only. EquiStencils does not verify or endorse any reviews. Any reviews which are electronically posted on this Site or any other site which are fraudulent, misleading, malicious or obscene are subject to immediate removal and to prosecution under federal law as well as any applicable civil penalties.
Injunctive Relief
User and EquiStencils acknowledge and agree that if User should breach or threaten to breach these Terms, including but not limited to EquiStencils intellectual property rights, including copyright, trademark or patent rights, in addition to any other remedies it may have at law or in equity, EquiStencils will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions of these Terms. User specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages that could be suffered or incurred by EquiStencils as a result of a breach of any of the Terms herein. In the event that EquiStencils should seek such relief, User hereby waives any requirement for the submission of proof of the economic value of any or the posting of a bond or any other security. User shall notify EquiStencils immediately upon discovery of any unauthorized use of EquiStencils intellectual property rights, including copyright, trademark or patent rights or any other breach of these Terms by User and will cooperate with EquiStencils in every reasonable way to help EquiStencils prevent further unauthorized use or disclosure.
Choice of Law and Jurisdiction
These Terms supersede any other agreement between User and EquiStencils to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and any purchases, sales or other use of this site by users on this site, and any disputes arising out of such actions, shall be
governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of proper jurisdiction of the State of Colorado. It is agreed by the User that these Terms may be admissible in any judicial and/or administrative proceedings.
Entire Agreement
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect. Prices and Terms are subject to change without notice.
Our offers to sell are void where prohibited.
The use of this website (“Site”)is governed by the policies, terms and conditions (“Terms”)of EquiStencils, LLC, (“We” and/or “EquiStencils”) as set forth below and elsewhere on the Site. EquiStencils, LLC is a Colorado limited liability company; Copyright 2011; Patent Pending. All rights reserved. By using this Site, you (“You” and/or the “User”) agree to these Terms. If You do not agree to these Terms, You may not use, review or purchase products from this Site. EquiStencils reserves the right, at any time, to modify, alter or update these Terms, and You agree to be bound by such modifications, alterations or updates. These Terms are for the User and cannot and may not be transferred, assigned or delegated to any third-party. Any attempt to transfer, assign or delegate these Terms shall be automatically null and void.
Acceptable Site Use
This is an e-commerce shopping Site and no other use is permitted. This Site may only be used for lawful purposes. Users are prohibited from violating or attempting to violate the security of this Site or using it to obtain products not properly ordered and fully paid for. Users may not send unsolicited email messages ("spam") to or through the Site or otherwise harass the Site owner or other users. We reserve the right to refuse to deal with any User who violates our rules and Terms.
Limited Use License
This Site is provided by EquiStencils and may be used for its stated purposes only. By using this Site or purchasing products or materials from this Site, You agree to abide by the terms and conditions set forth in these Terms. If You do not agree to abide by these terms and conditions, do not use this Site. Subject to your continued compliance with the Terms set forth in this Agreement, EquiStencils grants you, a non-exclusive, non-transferable, limited right to access, view and listen, as applicable, to this Site and the information, images, sounds, text ("Materials") thereon. You agree not to interrupt or attempt to interrupt the operation of the Site in any way. EquiStencils authorizes You to view the Materials at this Site only for your personal, non-commercial use. This authorization is not a transfer of title in the Materials or copies of the Materials and is subject to the following restriction; You may not modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Worldwide copyright laws and treaty provisions protect this Site, including all Materials and products, whether or not a copyright notice is present on the Materials. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials and products. Except as expressly provided herein, EquiStencils does not grant any express or implied right of ownership to You under any patent, trademark or copyright laws in the United States or abroad.
Intellectual Property, Copyrights, Trademarks and Patents
The EquiStencil website contains intellectual property protected by United States copyright, trademark and patent laws and is protected by, and
through, any and all applicable international laws, treaties, and/or conventions. No ownership rights are transferred, conveyed or sold through purchases or in any other manner on or through this Site or in any other transaction without the express written authorization of EquiStencils. Content
on this Site which is described and illustrated herein and which may be sold through internet sales or any other outlet, including but not limited to, any
and all products, services, images, photos, illustrations, graphics, audio clips, music, animation, sounds, video clips and text, are the exclusive
intellectual property of EquiStencils and are subject to intellectual property rights owned exclusively by EquiStencils (“EquiStencils IP”). Any third party intellectual property which has been licensed to EquiStencils will be noted appropriately. Unauthorized reproduction, distribution or use of the EquiStencils IP may result in severe civil and criminal penalties and will be prosecuted to the maximum extent possible under the law. EquiStencils reserves ownership rights and all other rights to its intellectual property.
No part of EquiStencils IP may be reproduced, recreated or transmitted in any form or by any means, electronic or mechanical, including photocopying or recording, or by any information storage or retrieval system, except as expressly permitted in writing by EquiStencils, LLC. All inquiries and requests should be sent to Attention: Rob Phillips, Attorney-at-Law, RMBA Group, 215 West Oak Street, Suite 600, Fort Collins, Colorado 80521.
All trademarks displayed on this site are subject to the U.S. trademark rights of EquiStencils. These trademarks include, but are not limited to, product brand names, slogans and logos. The unauthorized use of any trademark displayed on this site is strictly prohibited.
All products, services, images, photos, illustrations, graphics, audio clips, music, animation, sounds, video clips and text, and other materials on this Site are subject to the copyrights, trademark, patent rights and any other intellectual property rights of EquiStencils, its affiliated companies and its licensors. EquiStencils owns the copyrights in the selection, coordination and arrangement of the Materials on this Site. These Materials may not be copied for commercial use or distribution, nor may these Materials be modified or reposted to other sites.
Disclaimers
YOUR USE OF THIS SITE IS AT YOUR RISK. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER EQUISTENCILS NOR ANY OF THEIR RESPECTIVE AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, PRODUCTS, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THIS WEBSITE. THE INFORMATION, PRODUCTS, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER EQUISTENCILS NOR ANY OF THEIR RESPECTIVE AFFILIATES MAKES
ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, PRODUCTS, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, ANY IMPLIED WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES LISTED OR PURCHASED ON OR THROUGH THIS WEBSITE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE HEREBY EXPRESSLY DISCLAIM ALL LIABILITY FOR PRODUCT DEFECT OR FAILURE. CLAIMS THAT ARE DUE TO NORMAL WEAR, PRODUCT MISUSE, ABUSE, PRODUCT MODIFICATION, IMPROPER PRODUCT SELECTION, NON-COMPLIANCE WITH ANY CODES, OR MISAPPROPRIATION. WE MAKE NO WARRANTIES TO THOSE DEFINED AS "CONSUMERS" IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitations of Liability
IN NO EVENT WILL EQUISTENCILS, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS, NOR ANY PARTY INVOLVED IN THE CREATION, PRODUCTION OR TRANSMISSION OF THIS WEBSITE OR OUR PRODUCTS, BE LIABLE TO YOU OR ANYONE ELSE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST
DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE MATERIALS, INFORMATION, PRODUCTS SOLD OR SERVICES PERFORMED OR CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OF SUCH PRODUCTS OR SUPPLIER OF SUCH SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND FOR
SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS WEBSITE.
EQUISTENCILS TOTAL LIABILITY FOR ANY PRODUCT AND/OR SERVICES IS LIMITED TO THE AMOUNT PAID FOR SUCH PRODUCT AND/OR SERVICES AND USER SHALL FULLY DEFEND, INDEMNIFY, AND HOLD HARMLESS EQUISTENCILS, ITS SUBSIDIARIES, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, SUCCESSORS OR ASSIGNS FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS OR DEMANDS, INCLUDING WITHOUT LIMITATION REASONABLE LEGAL FEES, MADE BY ANY THIRD PARTY DUE TO, OR RESULTING FROM, YOUR USE OF THIS SITE AND RELATED PRODUCTS AND SERVICES AND/OR YOUR VIOLATION OF THESE TERMS.
Furthermore, the User understands and agrees that equine activities carry with them inherent risks, including but not limited to: the propensity of the animal to behave in ways that may result in injury, harm or death to persons on or around them and the unpredictability of the animal’s reaction to such things as sounds, sudden movement and unfamiliar objects. The User acknowledges that under Colorado Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to section 13-21-119, Colorado Revised Statutes. Therefore, the User agrees to defend, indemnify, and hold harmless EquiStencils, its subsidiaries, or any of their respective officers, directors, employees, shareholders, affiliates, agents, successors or assigns from and against any claims, actions or demands, including without limitation reasonable legal fees, made by any User and/or any third party due to or resulting from your use of this Site or any EquiStencils product or materials or your violation of these Terms.
EquiStencils expressly rejects and does not assume any responsibility, nor will be liable, for any damages to, or any viruses that may infect your computer, telecommunication equipment, or other property caused by or arising from your access to, use of, or browsing this Website.
Waiver
The failure of EquiStencils to insist in any one or more instances upon the strict performance of any provision of these Terms shall not be construed as a waiver of such provision, but the same shall continue and remain in full force and effect. No waiver by EquiStencils shall be deemed to have been made unless expressed in writing herein.
Customer Feedback
We welcome customer reviews and feedback. Customer satisfaction is our goal and we are to serve our customers. If at any time you are not satisfied
with our products, promptly return for a full refund or replacement. Any customer reviews are for informational purposes only and reflect the
thoughts and experiences of that customer only. EquiStencils does not verify or endorse any reviews. Any reviews which are electronically posted on this Site or any other site which are fraudulent, misleading, malicious or obscene are subject to immediate removal and to prosecution under federal law as well as any applicable civil penalties.
Injunctive Relief
User and EquiStencils acknowledge and agree that if User should breach or threaten to breach these Terms, including but not limited to EquiStencils intellectual property rights, including copyright, trademark or patent rights, in addition to any other remedies it may have at law or in equity, EquiStencils will be entitled to a restraining order, injunction or other similar remedy in order to specifically enforce the provisions of these Terms. User specifically acknowledges that money damages alone would be an inadequate remedy for the injuries and damages that could be suffered or incurred by EquiStencils as a result of a breach of any of the Terms herein. In the event that EquiStencils should seek such relief, User hereby waives any requirement for the submission of proof of the economic value of any or the posting of a bond or any other security. User shall notify EquiStencils immediately upon discovery of any unauthorized use of EquiStencils intellectual property rights, including copyright, trademark or patent rights or any other breach of these Terms by User and will cooperate with EquiStencils in every reasonable way to help EquiStencils prevent further unauthorized use or disclosure.
Choice of Law and Jurisdiction
These Terms supersede any other agreement between User and EquiStencils to the extent necessary to resolve any inconsistency or ambiguity between them. These Terms and any purchases, sales or other use of this site by users on this site, and any disputes arising out of such actions, shall be
governed by and construed in accordance with the laws of the State of Colorado, without giving effect to any principles of conflicts of laws. Any action seeking legal or equitable relief arising out of or relating to this Website will be brought only in the courts of proper jurisdiction of the State of Colorado. It is agreed by the User that these Terms may be admissible in any judicial and/or administrative proceedings.
Entire Agreement
Headings used in these Terms are for reference purposes only and in no way define or limit the scope of the section. In the event that any provision of the Terms conflicts with the law under which the Terms are to be construed or if any such provisions are held invalid by a court with jurisdiction over the parties to the Terms, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect. Prices and Terms are subject to change without notice.
Our offers to sell are void where prohibited.
