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Farriers United License Agreement

Before proceeding to Account Registration, please read and agree to the terms of our license agreement.

Welcome to FarriersUnited.com. FarriersUnited.com is solely owned and operated by Farriers United, LLC. (referred to herein as “Farriers United” or “FarriersUnited.com”).

PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY. BY ACCESSING OR USING THIS WEB SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS DESCRIBED HEREIN AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, DO NOT USE THIS WEB SITE OR THE SERVICES.

(These Terms and Conditions of Use will be referred to herein as "Terms" or "Conditions")

These Terms apply to your access to, and use of, the Site and to your use of the Services (as defined below) regardless of how you accessed the Site. If you are using the Site or the Services on behalf of any entity, you represent that you are authorized to accept these Terms on such entity's behalf, and that such entity agrees to accept responsibility and indemnify FarriersUnited.com for your use of the Site and the Services and any violations of these Terms.

In order to register with or use FarriersUnited.com, you must be 13 years of age or older. If you are under the age of 13 and wish to use the site, you must be registered by your parent or guardian. If you are between the ages of 13 and 18, you should request permission from your parent or guardian before registering and your parent or guardian should review and approve these Terms. By registering, you represent that you are at least 13 years of age and that all information you provide in the registration form is complete and accurate. If you are registering on behalf of your minor child, you agree to accept responsibility for your child’s use of the Site and the Services and his or her use of the Site.

If you have any questions about these terms, please contact us via customerservice@farriersunited.com.

Changes to Terms. FarriersUnited.com reserves the right to change these terms of use given 30 days notice. All registered users will be notified of changes in these conditions via their registered email address and/or posting on this website. Registered users are encouraged to review these terms from time to time and discontinue use if they do not agree with the terms. Continued use of Site or Services constitutes your acceptance of all changes and revisions.

Privacy. FarriersUnited.com strongly believes in protecting its customers privacy. See our Privacy Policy for more detailed information.

Services. FarriersUnited.com provides and hosts for its clients ("Clients") an online presence for their business. These services include a store for Client's customers ("End-Users") to gain access to a variety of products (and royalties to the Clients based on End-User sales), an invoicing system, and information about the Client's business. Clients and End-Users are responsible for the information they enter into our services. FarriersUnited.com may impose limits on various services it offers at its sole discretion.

Further description of the Services may be found on the Site. In the event of a conflict between information on the Site and these Terms, these Terms shall govern.

Registration. The Services shall only be available upon registration and/or subscription to the Client Services and payment of any applicable registration or subscription fees (the "Registration Fees" and "Subscription Fees", respectively). Once you have registered, including payment of the applicable Registration Fees, you may start using the service after you are informed all configuration has been completed. Subscription Fees, will not be charged until configuration has been completed and will occur on a regular basis as prescribed during the Registration process.

Unless you arrange to be separately invoiced by FarriersUnited.com, you must provide FarriersUnited.com with a valid credit card for payment of the Subscription Fees and you hereby authorize FarriersUnited.com to charge the Subscription Fees in advance every month to such credit card until you have cancelled your subscription. Subscription Fees are not refundable.

In the event that the Subscription Fees are not paid on a timely basis, including due to an invalid credit card number of account information, or you are otherwise in breach of this Agreement, FarriersUnited.com may, in addition to any other available remedies, suspend or terminate your account.

In consideration of your use of the Site or the Services, you agree to

  1. provide accurate and complete information about yourself as may be prompted by any registration or configuration forms;
  2. maintain this information to keep it up to date;
  3. maintain the security of your password and identification;
  4. notify FarriersUnited.com immediately upon learning of any unauthorized access to information you have provided.

Royalties and other Payments. FarriersUnited will provide royalty payments to Clients based on the purchases of the Client's End-User purchases of products and services. These royalties will be paid within thirty (30) days of the end of each calendar month for which the purchases have occurred. The royalties will be based upon a percentage of net profit which will be published on the Site.

Payments for invoiced services will be passed on to Clients within seven (7) days of collection, minus a small processing fee. The size of the processing fee will also be published on the Site.

License, Not a Sale. Registration provides a license for use of Site and Services and does not constitute a sale, nor does it pass to Client any title to or any proprietary rights in the Licensed Site and Services, or the Software used to provide the Site and Services, all of the same being expressly reserved to and vested in FarriersUnited.com and its partners. Nor shall Client acquire any right or interest in the Licensed Software as a result of any changes to, modifications of or additions to the Licensed Software based on requests made by the Client.

Maintenance of Site and Services. FarriersUnited.com shall have no obligation to correct errors, or remedy defects in, or to provide modifications or enhancements to the Site, Services, or Licensed Software.

Changes to Services: Termination. FarriersUnited.com reserves the right at any time, without notice and in its sole discretion, to modify or discontinue the Services or to terminate or suspend any Client's of End-User's account and license to use the Site, without any liability to the Client, End-User, or any other person. Without limiting the foregoing, FarriersUnited.com may terminate your account without prior notice upon any breach of these Terms, in its sole discretion.

You may terminate your account and your use of the Services at any time by canceling your account at FarriersUnited.com. Prepaid Registration and Subscription Fees are non-refundable.

Upon termination of your account, any information you have stored on the site may no longer be retrieved. FarriersUnited.com has the right to delete or remove any such information upon termination of your account and will not be responsible for providing to you any archived form of such information for any reason. FarriersUnited.com will not be responsible for any loss of such information for any reason. Please be aware that your information may still be stored.

Notwithstanding the above, FarriersUnited is still responsible for any Royalties or Payments due to you at time of cancellation based on the Terms of this agreement.

Copyrights and Intellectual Property. Unless otherwise indicated, the Site, the software underlying the Services and Site, and all content and other materials on the Site, including, without limitation, all FarriersUnited.com trademarks, service marks, and logos, and all designs, text, graphics, pictures, images, information, including all documentation, all screens and formats used in connection therewith, are the exclusive proprietary property of FarriersUnited.com or its licensors or users and are protected by U.S. and international copyright laws.

Client shall not publish, disclose, display, provide access to or otherwise make available any Licensed Software or documentation thereof, or any screens, formats, reports or printouts used, provided, produced or supplied from or in connection therewith, to any person or entity other than an employee or agent of Client without the prior written consent of, and on terms acceptable to, FarriersUnited.com, which consent shall not be unreasonably withheld; provided, however, that Client may disclose to a governmental or regulatory agency or to customers of Client any information expressly prepared for disclosure to such governmental or regulatory agency or to such Client.

Client is granted a limited, non-sublicensable license to access and use the Site and the Services and to print to hard copy portions of the Materials for your informational, personal, or internal business use only. Such license is subjected to these Terms and does not include any use of the Site or Materials other than for its intended purpose as expressed on the Site Any use of the Site or the Materials other than as specifically authorized herein, without prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulation and statutes.

The obligations of these Terms shall survive termination of this Agreement. Client understands that the unauthorized publication or disclosure of any Licensed Software or copies thereof, or the unauthorized use of the Licensed Software would cause irreparable harm to FarriersUnited.com for which there is no adequate remedy at law. Client therefore agrees that in the event of such unauthorized disclosure or use, FarriersUnited.com may, at its discretion and at Licensee’s expense, terminate this Agreement, obtain immediate injunctive relief in a court of competent jurisdiction, or take such other steps as it deems necessary to protect its rights. If FarriersUnited.com, in its reasonable, good faith judgment, determines that there is a material risk of such unauthorized disclosure or use, it may demand immediate assurances, satisfactory to FarriersUnited.com, that there will be no such unauthorized disclosure or use. In the absence of such assurance, FarriersUnited.com may take such steps as it deems necessary and may, in addition, terminate this Agreement, but only after submitting the controversy to mediation as described below. The rights of FarriersUnited.com hereunder are in addition to any other remedies provided by law.

Hyperlinks. FarriersUnited.com makes no claim or representation regarding the quality, content or nature of reliability of Third-party Web sites accessible by hyperlinks from the Site.

DISCLAIMER OF WARRANTIES; LIMITATIONS OF LIABILITY.

CLIENT EXPRESSLY AGREES THAT USE OF THE SITE AND SERVICES AND UNDERLYING SOFTWARE IS AT ITS SOLE RISK. THE SOFTWARE IS MADE AVAILABLE ON AN "AS IS" BASIS. NEITHER FARRIERSUNITED.COM NOR ANY SUPPLIER, LICENSOR, EMPLOYEE, AGENT, OR CONTRACTOR MAKES ANY WARRANTY WHATSOEVER REGARDING THE SITE, SERVICES, AND UNDERLYING SOFTWARE, ANY INFORMATION, SERVICES OR PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE SITE OR SOFTWARE, OR ANY RESULTS TO BE OBTAINED THROUGH THE USE THEREOF, AND FARRIERSUNITED.COM HEREBY EXPRESSLY DISCLAIMS ON BEHALF OF ITSELF AND ALL SUPPLIERS ANY AND ALL WARRANTIES, INCLUDING WITHOUT LIMITATION: ANY EXPRESS OR IMPLIED WARRANTIES OF: 1) MERCHANTABILITY; 2) FITNESS FOR A PARTICULAR PURPOSE; 3) EFFORT TO ACHIEVE PURPOSE; 4) QUALITY; 5) ACCURACY; 6) NONINFRINGEMENT; AND 7) TITLE. CLIENT FURTHER AGREES THAT FARRIERSUNITED.COM SHALL NOT BE LIABLE TO CLIENT, OR ANY THIRD PARTY, FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, ERROR, OMISSION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORDS, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION.

Applicable Law; Venue

This Agreement shall be applied and construed according to the laws of the State of North Carolina without regard to conflicts of laws provisions thereof. If any provision of this Agreement is found to be illegal or unenforceable, then, notwithstanding such finding, this Agreement shall remain in full force and effect and such provision shall be deemed stricken. In any action or proceeding to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys' fees, unless otherwise specified herein.

Entire Agreement. This Agreement, together with all schedules, exhibits and amendments hereto, constitute the entire agreement of the parties and supersede all prior discussion and correspondence between them with respect to the subject matter hereof. No modifications of this Agreement shall be effective unless the same is in writing and signed by both parties.