TERMS & CONDITIONS OF USE
Last Updated: August 18th , 2015
Welcome to HorseLoverZ.com – the “World’s largest online tack shop”.
Our team of experienced and knowledgeable Buyers greatly contributes to making HorseLoverZ.com a leader in the Equestrian Industry. Their expertise enables our organization to obtain high quality products and supplies from all corners of the globe and to offer them to you at extremely low prices. We welcome you to our website and look forward serving you.
PLEASE REVIEW THESE TERMS AND CONDITIONS OF USE BEFORE USING THIS WEBSITE. THIS IS A BINDING AGREEMENT.
The website (“Website”) located at www.HorseLoverZ.com is owned and operated by, Choice Brands Unlimited, LLC, a Pennsylvania Corporation, doing business as, HorseLoverZ.com (“CBU”). This is a binding agreement between you and CBU regarding the use of the Website. By using the Website located at, www.HorseLoverZ.com or any services provided in connection with the Website (the “Service”), you agree to abide by these Terms and Conditions of Use. These terms and conditions may be amended, updated or revised by CBU from time to time in its sole discretion. CBU will post a notice on the Website any time these Terms and Conditions of Use have been changed or otherwise updated and will provide users notice of the update by indicating the date the update was made. Any changes will be effective immediately upon posting. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Website and cease all use of the Website.
LICENSE AND ACCESS
Subject to your compliance with the Terms and Conditions of Use and Privacy Policies, CBU grants you a limited, non-exclusive, non-transferable, non-sublicensable, non- assignable and revocable license to access and use the Website for your personal and non-commercial use. When software is downloaded from the Website, the software, including all files and images contained in or generated by the software, and accompanying data (collectively, “Software”), are deemed to be licensed to you by CBU, for your personal, noncommercial, home use only. CBU does not transfer either title or intellectual property rights to the Software. CBU retains full and complete title and intellectual property rights therein. You may not sell, redistribute, or reproduce the Software, nor may you decompile, reverse-engineer, disassemble, or otherwise convert the Software to a human-perceivable form without the expressed written permission of CBU. All copyrights, patents, trademarks, tradedress and logos are owned by CBU and or its licensors, and you may not copy or use them in any manner without the expressed written permission of CBU and its licensors.
This license does not include use of the Website for any resale or commercial use nor may it be used for the benefit of a third party including but not limited to; price comparison services, data mining robots or similar data gathering tools, and parties acting on behalf of the public interest. You may not frame or utilize framing techniques to enclose any content from this Website without the expressed written permission of CBU. You may not use meta tags or any other hidden text to use the name, copyrights, trademarks, trade dress or any other property without the expressed written permission of CBG.
You may use the Website only as permitted by law. Any misuse, illegal use or causing the site to be used to violate a law immediately revokes your license and you could be held liable for damages.
All rights not expressly granted to you in these Terms and Conditions of Use are expressly reserved and retained by CBU. See these additional terms and conditions below, which affect your limited license to use the Website: “Additional Prohibited Uses”, “Additional Limitations On Use of Website” and “Acceptance Of Order Expressly Conditional”.
All content on the Website is the copyrighted property of Choice Brands Unlimited, LLC, or its licensors and is protected by United States and International copyright laws. Unauthorized use of copyrighted content is strictly forbidden unless expressly granted in writing by CBU. Copyright © 2015 to the present, Choice Brands Unlimited, LLC. All rights reserved.
Choice Brands Unlimited, LLC, asserts either trademark rights, trade dress rights or common law rights to the following, but not limited to, all graphics, logos, page headers, buttons, icons, and all other marks associated with, HorseLoverZ.com. In addition, the name HorseLoverZ.com, HorseLoverZ and other similar variations, as well as the phrase, “World’s largest online tack shop”, are either registered trademarks of CBU or trademarks protected to the fullest extent under the common law. Unauthorized use of trademark or trade dress is strictly forbidden unless expressly granted in writing by CBU. Any other trademark or trade dress appearing on the Website not owned by Choice Brands Unlimited, LLC, is the property of their legal owners.
United States and International patent laws protect whatever patents owned, licensed and used by Choice Brands Unlimited, LLC. CBU reserves all rights.
ACCOUNT AND REGISTRATION
When you are ready to make a purchase, you will be required to open an account. You must complete the registration process by providing complete and accurate information requested on the registration form. You will be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password and agree to accept responsibility for all activities that occur under your account. Be sure to sign off when finished using a computer that is shared or exposed to the risk of another gaining access to your account. You agree to notify CBU immediately on any unauthorized use of your account, user name, or password. CBU shall not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may be held liable for any losses incurred by CBU, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else’s use of your account or password. You may not use the account, username, or password of someone else at any time. If you are not 18 years of age, you may only place orders under the supervision and consent of your legal guardian. CBU reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
When you use the Website, send emails, text messages, click links, and take other actions from your electronic device, you are communicating with us electronically. We in turn, will communicate with you in a variety of ways including but not limited to electronic methods. You agree that these electronic communications satisfy the legal requirements ordinarily required to be in writing and have the legal effect of providing you whatever notice required under the law.
PRICING, SHIPPING, TAXES AND ORDER ACCEPTANCE
Our goal is to accurately list the price of every product we offer for sale. “In store” prices may vary from those found on the Website due to various costs factors involved in product handling. Prices are displayed and denominated in U.S. Dollars. Prices are subject to change without notice even after you have placed an offer to purchase (order). If a price is different from what was displayed on the Website, you will be notified that we have not accepted your offer and at what price, if any, we are willing to accept and fulfill your order. When placing a bid on an item being offered to the highest bidder, CBU reserves the right to withdraw the item if the minimum reserve price has not been offered (Bid). See “Auction Terms and Conditions” for complete details.
Shipping charges are estimated at the time you placed an order but are subject to change. Additional shipping charges, and other charges, may apply to orders shipped to locations outside the United States. You will be notified before an order is accepted if there are any changes to the estimation of shipping charges. Once CBU has accepted your order, possession of the product will be tendered to a shipping company or the US Postal Service at which time the risk of loss passes to you. CBU has no further liability for risk of loss. Claims for damage caused in shipping should be made directly with the shipping company or US Postal Service.
The charge for the amount of tax due on the purchase, if any, is only an estimate. If CBU has actual knowledge the amount of tax calculated varies from that which is quoted, you will be notified. However, while we endeavor to accurately estimate and collect the correct amount of tax based on jurisdictional authority, you are ultimately responsible for all applicable taxes, regardless of the amount quoted on the Website. You agree to accept liability for the tax you owe but not been collected from you.
An offer (order) to purchase a product is accepted when CBU sends you an email confirming that your order is being prepared to ship or was shipped. The confirmatory email that follows the placement of the order is only confirmation that the order was received. CBU expressly conditions the acceptance of all orders. See the section titled, “Acceptance of ordered expressly conditional” in these Terms and Conditions of Use. If you have any questions, call customer service at: 1-800- 8-SADDLE.
ERRORS, INACCURACIES, OMISSIONS AND COLORS
Occasionally there may be information on the Website that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order). It’s our goal to accurately display the color of the products offered for sale on the Website. However, because the rendition of the color you see depends on many factors including your monitor, we cannot guarantee your monitor will display the color accurately. If a product you order is not as described, your sole remedy is to return the item in an unused condition for a refund of the purchase price; subject to our policy on returns and refunds.
RETURNS AND REFUNDS HorseLoverZ.com offers our customers a - 100% Satisfaction Guarantee. We stand behind the quality of our products. If you are not satisfied with your purchase, simply return it and we will refund, replace or exchange it for you - no questions asked! See complete details by clicking here.
Gift certificates are available by calling customer service at 1-800- 8-SADDLE.
PRICE MATCH POLICY
If you find a lower price simply click the “Request Price Match” link found next to the price of every product on our Website and we will reply by email if the price match is approved. Price match requests are typically responded to within 24 business hours. Products listed on Amazon and eBay are not eligible for price matching. Prices quoted from entities located outside the United States of America are not eligible for price matching. In addition, if you find a lower price on our Website within 21 days of your purchase we will be happy to refund the difference in the form of a store credit.
AFFILIATE AND THIRD PARTY WEBSITE DISCLAIMER When purchasing items through a Third Party Website, we are not responsible for, but not limited to, incorrect pricing, product descriptions, expired or invalid coupons or other information on the third party site. Third party sites are not updated regularly with current information. The HorseLoverZ.com Website is updated daily with new pricing, product selection, descriptions and inventory availability. Please contact Customer Service a: 1-800- 8-SADDLE with any questions or concerns.
You grant CBU a license to use the materials you post to the Website. By posting, downloading, displaying, performing, transmitting, or otherwise distributing information or other content (“User Content”) to the Website, you are granting CBU, its affiliates, officers, directors, employees, consultants, agents, and representatives a non-exclusive, royalty-free, perpetual, irrevocable and sublicensable license to use the User Content in connection with the operation of the Internet business of CBU, its affiliates, subsidiaries, partners, officers, directors, employees, consultants, agents, and representatives, including without limitation, a right to copy, distribute, transmit, publicly display, reproduce, edit, translate, and reformat User Content. By posting User Content on the Website or Service, you warrant and represent that you own the rights to the User Content or are otherwise authorized to post, distribute, display, perform, transmit, or otherwise distribute User Content. CBU may or may not, in its sole discretion, use the content you post. You will not be compensated for any User Content. You agree that CBU may publish or otherwise disclose your name in connection with your User Content. CBU has the right but not the obligation to monitor User content and assumes no liability for content posted by third parties.
Users not of majority age (under 18) have the right to have content they posted to the Website removed. For a minor to request removal of their generated content, send an email to removecontent@horseLoverZ.com specifying your name, username and content requested for removal.
COMPLIANCE WITH INTELLECTUAL PROPERTY LAWS
When accessing the Website or using the Service, you agree to obey the law and to respect the intellectual property rights of others. Your use of the Service and the Website is at all times governed by and subject to laws regarding copyright ownership, trademark, trade dress, patent and other laws concerning the use of intellectual property. You agree not to upload, download, display, perform, transmit, or otherwise distribute any information or content (collectively, “Content”) in violation of any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree to abide by laws regarding copyright ownership and use of intellectual property, and you shall be solely responsible for any violations of any relevant laws and for any infringements of third party rights caused by any Content you provide or transmit, or that is provided or transmitted using your User ID. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
CBU has in place certain legally mandated procedures regarding allegations of copyright infringement occurring on the Website or with the Service. CBU has adopted a policy that provides for the immediate suspension and/or termination of any Website or Service user who is found to have infringed on the rights of CBU or of a third party, or otherwise violated any intellectual property laws or regulations. CBU’s policy is to investigate any allegations of copyright infringement brought to its attention. If you have evidence, know, or have a good faith belief that your rights or the rights of a third party have been violated and you want CBU to delete, edit, or disable the material in question, you must provide CBU with all of the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works; (c) identification of the material that is claimed to be infringed or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CBU to locate the material; (d) information reasonably sufficient to permit CBU to contact you, such as an address, telephone number, and if available, an electronic mail address at which you may be contacted; (e) a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. For this notification to be effective, you must provide it to CBU’s designated agent at:
Jennifer DeMeglio, DMCA Agent
Choice Brand Unlimited, LLC.
254 North Cedar Street
Hazleton, PA 18201
570-579- 0026 (Office)
570-579- 0033 (Fax) firstname.lastname@example.org
You shall not make the following types of Content available. You agree not to upload, download, display, perform, transmit, or otherwise distribute any Content that (a) is libelous, defamatory, obscene, pornographic, abusive, or threatening; (b) advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or (c) advertise or otherwise solicits funds or make a solicitation for goods or services. CBU reserves the right to terminate your receipt, transmission, or other distribution of any such material using the Website, and, if applicable, to delete any such material from its servers. CBU intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms and Conditions of Use or of any applicable laws.
CBU reserves the right to terminate your use of the Website. To ensure that CBU provides a high quality experience for you and for other users of the Website and the Service, you agree that CBU or its representatives may access your account and records on a case-by- case basis to investigate complaints or allegations of abuse, infringement of third party rights, or other unauthorized uses of the Website. CBU does not intend to disclose the existence or occurrence of such an investigation unless required by law, but CBU reserves the right to terminate your account or your access to the Website immediately, with or without notice to you, and without liability to you, if CBU believes that you have violated any of the Terms and Conditions of Use, furnished CBU with false or misleading information, or interfered with use of the Website or the Service by others.
CBU HEREBY DISCLAIMS ALL WARRANTIES. CBU IS MAKING THE WEBSITE AND ALL PRODUCTS AVAILABLE FOR PURCHASE FROM THIS WEBSITE ON AN “AS IS” BASIS WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE OR ANY PRODUCT PURCHASED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CBU EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE OR PRODUCT PURCHASED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CBU DOES NOT WARRANT THAT THE WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE WEBSITE OR THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE OR FREE OF DATA SECURITY BREACHES. THIS DISCLAIMER MAY ONLY BE MODIFIED IN WRITING.
CBU’S LIABILITY TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL CBU BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR LOST DATA, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR ANY PRODUCTED PURCHASED FROM CBU. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF A BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR CAUSE OF ACTION. CERTAIN STATES LIMIT THE LIMITATION OF LIABILITY. IN THOSE STATES, IF JURISDICTION IS PROPER, THE LIABILITY OF CBU IS LIMITED TO THE MAXIMUM EXTENT PROVIDED UNDER THE LAW IN THE GOVERNING JURISDICTION.
CBU has no control over, and no liability for any third party websites or materials. CBU works with a number of partners and affiliates whose websites may be linked with the CBU Website. Because CBU has no control over the content and performance of these partner and affiliate websites, CBU makes no guarantees about the accuracy, content, or quality of the information provided by such websites, and CBU assumes no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content that may reside on those websites or resulting damage or harm caused by third party websites. Similarly, from time to time in connection with your use of the CBU Website, you may have access to content items (including, but not limited to, websites) that are owned by third parties. You acknowledge and agree that CBU makes no guarantees about, and assumes no responsibility for, the accuracy, currency, content, or quality of third party websites, and that, unless expressly provided otherwise, these Terms and Conditions of Use shall govern your use of any and all third party content.
ADDITIONAL PROHIBITED USES
CBU imposes additional restrictions on your permissible use of the Website and the Service. You are prohibited from violating or attempting to violate any security features of the Website or Service, including but not limited to, (a) accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access; (b) attempting to probe, scan, or test the vulnerability of the Service, the Website, or any associated system or network, or to breach security or authentication measures without proper authorization; (c) interfering or attempting to interfere with service to any user, host, or network, including but not limited to, by means of submitting a virus to the Website or Service, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;” (d) using the Website or Service to send unsolicited e-mail, including, without limitation, promotions, or advertisements for products or services; (e) forging any TCP/IP packet header or any part of the header information in any e-mail or in any posting using the Service; or (f) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by CBU in providing the Website or Service. Any violation of system or network security may subject you to civil and/or criminal liability.
ADDITIONAL LIMITATIONS ON USE OF WEBSITE
The following clause is an additional limitation on your limited license to use the Website. CBU grants a limited license to you, the user, to use the Website for the purpose of purchasing a product or service from CBU for: 1) your personal and lawful use or 2) for the purchase and lawful resale of a product procured from this Website. If you suspect or have actual knowledge that a product listed for sale by CBU may in fact, or potentially, violate the law in any jurisdiction, you must immediately discontinue the use of the site and not cause CBU to enter into an agreement to fulfill an order that may be, or is in fact, a violation of law. Your continued use of the site with the inquiry, constructive or actual notice of a potentially illegal product violates the scope of permission granted to you by this license and exposes you to liability for damages, costs and attorneys fee’s for exceeding the scope of said license. Further, by having such notice it is foreseeable that causing a potentially illegal or in fact an illegal sale, would cause CBU damages. Parties acting on behalf of the public interest to police public interest laws are not permitted to use this Website or to place orders. Users are encouraged to inform CBU in writing of any product suspected or known to violate the law in any jurisdiction.
AGGREMENT NOT TO CAUSE AN ILLEGAL SALE
You and CBU make the following additional agreement. CBU offers you this limited license to use the Website in exchange for your promise to not use the Website to purchase a product that may cause CBU to potentially, or in fact, violate the law in any state, even though you may have the legal right to purchase the product. You represent that this additional agreement constitutes valid consideration because you are giving up your right to purchase a product for which you may have the legal right to do so in exchange for your use of the Website. If you exceed the scope of the license and purchase a product that you know or suspect will cause CBU to violate the law you will have breached this additional agreement. Breach of this additional agreement may cause CBU damages including but not limited to, fines, penalties, costs and attorneys fees. You will be liable for damages caused to CBU including but not limited to, expectation damages, incidental damages, consequential damages, fines, penalties, costs and attorneys fees. If you do not accept this additional agreement, immediately discontinue your use of the Website. Your continued use of the Website acknowledges your acceptance of this additional agreement.
ACCEPTANCE OF ORDER EXPRESSELY CONDITIONAL
CBU expressly conditions the acceptance of any order on the following condition. “CBU will only assent to an offer if the offer is made from a private individual or business for their lawful personal use, or for the purpose of a lawful resale of a product purchased from CBU. Offers (orders) made by entities for any other purpose must be disclosed in writing instead of using the online order system found on the Website.”
These Terms and Conditions of Use shall be construed in accordance with and governed by the laws of the United States and the State of Pennsylvania, without reference to their rules regarding conflicts of law. You hereby irrevocably consent to the exclusive jurisdiction of the state or federal courts in Hazleton, Pennsylvania, in all disputes arising out of or related to the use of the Website or Service.
SEVERABILITY AND WAIVER
If, for whatever reason, a court of competent jurisdiction finds any term or condition in these Terms and Conditions of Use to be unenforceable, all other terms and conditions will remain unaffected and in full force and effect. No waiver of any breach of any provision of these Terms and Conditions of Use shall constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provisions hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party.
CBU has the right to assign or delegate this agreement and any grant of license, in whole or in part, without your consent. You may not assign or delegate any rights or obligations under this agreement or license without the prior written consent of CBU. Any unauthorized assignment or delegation by you is void and ineffective.
The Website is controlled and operated by CBU from its offices and facilities in the State of Pennsylvania. CBU makes no representation that any of the materials or services to which you have been given access are available or appropriate for use in other locations. Your use of or access to the Website should not be construed as CBU’s purposefully availing itself of the benefits or privilege of doing business in any state or jurisdiction other than Pennsylvania.
These terms and conditions may be amended, updated or revised by CBU from time to time in its sole discretion. The Website may be updated or discontinued at any time and CBU retains its right to transfer or assign its interests. CBU will post a notice on the Website any time these Terms and Conditions of Use have been changed or otherwise updated and will provide users notice of the update by indicating the date the update was made. Any changes will be effective immediately upon posting. It is your responsibility to review these Terms and Conditions of Use periodically, and if at any time you find these Terms and Conditions of Use unacceptable, you must immediately leave the Website and cease all use of the Website. In addition to posting a notice on the Website, if you are a registered user we will send you notice by email directing you to review the updated or revised Terms and Conditions of Use.
BY USING OR ACCESSING THE WEBSITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS OF USE AND AGREE TO BE BOUND BY THEM.