Terms of Service for Elite Equestrian Products a Newby Digital Enterprises LLC entity.
Effective Date: 2023.07.15
These Terms of Service (“Terms”) govern your use of the website eliteequestrianproducts.com (“Website”) operated by Elite Equestrian Products. By accessing or using our Website, you agree to be bound by these Terms. If you do not agree with any provision of these Terms, please do not use our Website.
- Website Use and Content:
1.1 Eligibility: By using our Website, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into a binding agreement. If you are accessing our Website on behalf of a company or organization, you represent and warrant that you have the authority to bind that entity to these Terms.
1.2 License: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and use our Website for personal, non-commercial purposes. You agree not to reproduce, distribute, modify, create derivative works from, or publicly display any content from our Website without our prior written consent.
1.3 User Conduct: You agree to use our Website in compliance with all applicable laws and regulations. You will not engage in any activity that may:
a) Infringe upon the rights of others;
b) Violate any intellectual property rights;
c) Invade the privacy or violate the rights of privacy of others;
d) Transmit any harmful, disruptive, or malicious code or content;
e) Attempt to gain unauthorized access to our systems or interfere with the proper functioning of our Website.
1.4 Content Accuracy: We strive to provide accurate and up-to-date information on our Website. However, we do not warrant the accuracy, completeness, or reliability of any content on our Website. You agree that your use of any information obtained from our Website is at your own risk.
- Product Orders and Payments:
2.1 Product Availability: Our Website may display products that are currently available for purchase. However, the availability of products may change without notice. We do not guarantee the availability of any product displayed on our Website.
2.2 Pricing and Payment: All prices displayed on our Website are in the currency specified. Prices are subject to change without notice. You agree to pay the full amount for any products ordered through our Website, including applicable taxes and shipping fees. We accept various payment methods, and you agree to provide accurate and complete payment information.
2.3 Order Acceptance: After placing an order, you will receive an order confirmation email from us. Please note that this email does not constitute acceptance of your order. We reserve the right to accept or decline your order at our discretion. In the event that we cannot fulfill your order, we will notify you and provide a refund if necessary.
- Intellectual Property:
3.1 Ownership: All content and materials on our Website, including but not limited to text, graphics, logos, images, and software, are the property of Elite Equestrian Products or our licensors and are protected by intellectual property laws. You acknowledge and agree that all rights, titles, and interests in and to our Website and its content belong to Elite Equestrian Products or our licensors.
3.2 Limited License: Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, and revocable license to access and use the content on our Website for personal, non-commercial purposes. You may not modify, reproduce, distribute, or create derivative works from any content on our Website without our prior written consent.
- User Accounts:
4.1 Account Creation: In order to access certain features of our Website, you may be required to create a user account. You agree to provide accurate and complete information when creating your account and to keep your account credentials confidential. You are solely responsible for all activities that occur under your account.
4.2 Account Termination: We reserve the right to suspend or terminate your account, without prior notice, for any reason, including but not limited to violations of these Terms or suspected fraudulent, abusive, or illegal activities. Upon termination, your right to access and use our Website will cease immediately.
- Third-Party Links:
6.1 Third-Party Websites: Our Website may contain links to third-party websites or resources that are not owned or controlled by Elite Equestrian Products. We are not responsible for the content, policies, or practices of any third-party websites. You acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any third-party content, products, or services.
- Disclaimer of Warranties:
7.1 Our Website is provided on an “as is” and “as available” basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of our Website or the accuracy, reliability, or completeness of any information or content on our Website.
7.2 We disclaim all warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising from the course of dealing or usage of trade.
- Limitation of Liability:
8.1 To the extent permitted by applicable laws, Elite Equestrian Products and its directors, officers, employees, agents, and affiliates shall not be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of our Website or any products purchased through our Website.
8.2 In no event shall our total liability exceed the amount paid by you for the products or services you have purchased through our Website.
You agree to indemnify, defend, and hold harmless Elite Equestrian Products and its directors, officers, employees, agents, and affiliates from any claims, liabilities, damages, costs, and expenses (including reasonable attorneys’ fees) arising out of or in connection with your use of our Website, violation of these Terms, or infringement of any rights of any third party.
- Modifications and Termination:
10.1 We reserve the right to modify or discontinue our Website, in whole or in part, at any time without notice.
10.2 We may also modify these Terms from time to time. Any changes to these Terms will be effective immediately upon posting the revised Terms on our Website. Your continued use of our Website after the posting of any changes constitutes your acceptance of such changes.
- Governing Law and Jurisdiction:
These Terms shall be governed by and construed in accordance with the laws of [Insert Jurisdiction]. Any dispute arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts located in [Insert Jurisdiction].
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
- Entire Agreement:
These Terms constitute the entire agreement between you and Elite Equestrian Products regarding your use of our Website and supersede any prior or contemporaneous agreements, communications, and understandings, whether oral or written.
- Contact Us:
If you have any questions, concerns, or feedback regarding these
Terms, please contact us at:
Newby Digital Enterprises LLC – Elite Equestrian Products
By using our Website, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.