TERMS OF USE
Introduction
Welcome to the Iron Gait Percherons – Draft Horse Sanctuary website (“Website”). If you continue to browse and use this Website, you are agreeing to comply with and be bound by the following terms and conditions of use (the “Terms”), which, together with our Privacy Policy, govern Iron Gait Percherons and Adoption’s, (hereinafter IGP), relationship with you as it relates to your use of this Website. The use of this Website is subject to the following Terms.
IGP reserves the right to change or modify the Terms at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Website. Your continued use of the Website following the posting of changes or modifications will constitute your acceptance of such changes or modifications. Therefore, you should periodically review the Terms from time to time. If you do not agree to the amended terms, you must stop using the Website.
Security of Personal Information
We are committed to ensuring that your personal information is secure. In order to prevent unauthorized access or disclosure, we have put in place suitable physical, electronic and managerial procedures to safeguard and secure the information we collect online. We do not collect credit card information. We use a an external gateway to another company that processes our credit card transactions. That company provides technologies, processes and other security measures to protect your credit card information.
Cookies and Other Technologies
We use “Cookies” and other Technologies to enhance your online experience. A “cookie” is a small text file that helps us recognize repeat visitors, facilitate the visitor’s ongoing access to and use of the website, and track usage behavior and compile aggregate data that can lead to website improvements. Cookies may also help us customize certain content on the website. Cookies and other similar technologies collect non-personal information about the user of a particular IP address. If you do not want information collected through the use of cookies, you can deny or accept the cookie feature using a simple procedure available in most browsers. If you block cookies, however, you may lose some website functionality.
Website.
Unless otherwise indicated in the Website, the Website and all content and other materials on the Website, including, without limitation all trademarks, service marks, designs, texts, graphics, pictures, information, data, software, methods, inventions, sound files, other files and the selection and arrangement thereof (collectively, the “Website Materials”) are the proprietary property of IGP OR IGP’s licensors, or users and are protected by U.S. and international copyright, trademark, and other laws. Permission is granted to access and use the Website in accordance with these Terms and the other rules and restrictions contained in the Website. You may only use the Website Materials for your personal, non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the Website Materials. In addition, you agree that such permission does not include: (a) any commercial use or any resale or redistribution of the Website or the Website Materials therein; (b) the collection and use of any product listings, pictures or descriptions; (c) the distribution, public performance or public display of any Website Materials, (d) making any derivative uses of the Website and the Website Materials, or any portion thereof; (e) use of any data mining, robots or similar data gathering or extraction methods; (f) downloading (other than the page caching) of any portion of the Website, the Website Materials or any information contained therein, except as expressly permitted on the Website; or (g) any use of the Website or the Website Materials other than for its intended purpose. The permission granted herein is revocable at any time, with or without cause. Except as expressly stated herein, none of the Website Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of IGP or the copyright owner. The permission given to you terminates automatically if you breach any of the Terms. Upon termination, you must immediately destroy any downloaded and printed Website Materials. You also may not, without IGP’s permission, “mirror” any material contained on this Website on any other server. Any unauthorized use of any Website Material may violate applicable law (including copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes).
As a condition of your use of IGP’s Website, you warrant that you will not use IGP’s Website for any purpose that is unlawful or prohibited by these terms, conditions and notices. This includes but is not limited to: (1) upload, post, email, transmit or otherwise make available any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable. (2) upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (3) upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
IGP reserves the right to review material posted to its Website and communication services and to remove any materials in its sole discretion. IGP reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Websites Linked From This Website
This Website may contain links to third party websites. Any such links are provided solely as a convenience to you, and the inclusion of any such links does not imply endorsement, sponsorship or association between IGP and any third party, product or service. Without limiting the generality of the foregoing, you agree that any such third party websites are not under the control of IGP, that IGP is not responsible for the content, products or services provided via any such third party websites, and that you are solely responsible for any claims, damages or liabilities incurred by you as a result of your use of any such third party websites.
Corporate Sponsors
The Website may contain links to third parties that sell, manufacture or promote products or services. Your business dealings or correspondence with, or participation in promotions of, third parties other than IGP, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. IGP is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Website
Disclaimer of Warranty.
YOU ACKNOWLEDGE AND AGREE THAT THIS WEBSITE, AND ALL WEBSITE MATERIALS AND SERVICES PROVIDED VIA THIS WEBSITE, ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES WHATSOEVER. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU ACKNOWLEDGE AND AGREE THAT IGP DOES NOT REPRESENT OR WARRANT THAT THIS WEBSITE OR ANY WEBSITE MATERIAL OR SERVICES, WILL MEET YOUR REQUIREMENTS, OR THAT THE USE OF THIS WEBSITE OR ANY WEBSITE MATERIAL OR SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. IGP HEREBY DISCLAIMS ALL WARRANTIES NOT EXPRESSLY SET FORTH IN THESE TERMS OF USE, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Limitation of Liability.
IN NO EVENT WILL IGP OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE AND/OR CONSEQUENTIAL DAMAGES ARISING OUT OF YOUR USE OF OR INABILITY TO USE THIS WEBSITE, YOUR UPLOADING OR DOWNLOADING OF ANY CONTENT TO OR FROM THIS WEBSITE, OR ANY DONATION THAT YOU MAKE VIA THIS WEBSITE, REGARDLESS OF THE MANNER IN WHICH SUCH DAMAGES ARE INCURRED OR DESIGNATED, OR FOR ANY LOSS OF PROFITS, EVEN IF IGP WAS INFORMED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS.
Indemnity.
You agree to defend, indemnify and hold IGP and its affiliates, independent contractors, service providers, suppliers, licensors and consultants, and their respective officers, directors, employees, and agents (the “Indemnified Parties”), harmless from and against any claims, damages, costs, actions, demands, liabilities, and settlements and expenses (including without limitation, reasonable attorneys’ fees) arising out of or related to your violation of these Terms, any content you post, store or otherwise transmit on or through the Website, or your use of or inability to use the Website, including without limitation any actual or threatened suit, demand or claim made against the Indemnified Parties, arising out of or relating to your conduct, or your violation of the rights of any third party.
General.
If any provision of these Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.
These Terms and your use of the Website are governed and construed in accordance with the laws of the State of Georgia, applicable to agreements made and to be entirely performed in the State of Georgia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising or in any way relating to these Terms shall be filed only in the state and federal courts located in the State of Georgia and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
You acknowledge and agree that IGP may modify or discontinue any or all features of this Website immediately and without notice to you in its sole and absolute discretion. You hereby release IGP from any and all claims, damages, liabilities and causes of action arising out of the modification or discontinuation of any or all features of this Website and the suspension or termination of your access to this Website and/ or any account connected to this Website.