Terms and Conditions for Storefronts

TERMS AND CONDITIONS FOR “STOREFRONTS” AND STOREFRONT ESTABLISHMENT

THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY TRANSACTION(S) HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE HEREOF. YOU MAY ESTABLISH, REQUEST TO ESTABLISH OR TRANSMIT ANY CONTENT TO THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C) ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE'S CONTENTS, GOODS, OR SERVICES BY ANY APPLICABLE LAW, RULE, OR REGULATION. BY SUBMITTING MESSAGES, CONTENT, OR ANY OTHER COMMUNICATIONS TO THIS WEBSITE, HORSEDUCK APPAREL, L.L.C., OR ANY OF ITS AGENTS, ASSIGNS, REPRESENTATIVES, OFFICERS, MEMBERS, MANAGERS, OR DIRECTORS, YOU ARE AGREEING TO THE TERMS AND CONDITIONS HEREUNDER.

  1. Applicability of Terms and Conditions. These terms and conditions (these "Terms") shall apply to parties requesting the establishment of Storefront to sell goods related to an organization (“you,” “Submitter,” “Requester,” or “Customer”) all related services through www.horseduck.com (the "Site"). These Terms are subject to change at any time without prior written notice by HorseDuck Apparel, L.L.C. (referred to herein as either "Company," "we," "us," or "our"). The most recent version of these Terms shall be posted for your review at any time on the Site. Please review these Terms in their entirety prior to engaging in any transaction on the Site. Your continued use of the Site after any posting of updated Terms (which shall be dated as of their most recent update) shall constitute your acceptance of and agreement to any changes therein made.
  2. Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. They may differ from the prices offered elsewhere (online or offline) by us for the same goods and/or services. Such prices are subject to change at any time by us in our sole discretion. Additionally, to the extent that we offer a promotion in connection with any particular item, the terms of such offer shall be set forth in a separate document or record that shall govern its applicability (and, in the event of a conflict herewith, be considered the governing document). You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges. Payment may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider (i.e., PayPal). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation.
  3. Relationship of the Parties. Nothing contained in these Terms or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
  4. Privacy Policy and Other Terms of Use. Please review our Privacy Policy and Site’s Terms of Use and Terms and Conditions for Storefronts which can be found at the following addresses respectively:https://horseduck.com/policies/privacy-policy,https://horseduck.com/policies/
    terms-of-service    , https://horseduck.com/pages/terms-and-conditions-for-storefronts. The Privacy Policy governs our processing of all personal information that we may collect from any person through the use of our Site. The Website Terms of Use governs your use of our Site in general. The Terms and Conditions for Storefronts governs your request to create a storefront and any content submission for that purpose.
  5. Storefront and Establishment of Storefronts. Submitter, or any other party requesting HorseDuck, or any of its designees, assigns, officers, directors, managers, members, employees, or contractors, to create a storefront (the “Storefront”) agrees that HorseDuck may at any time, and for any reason, terminate, remove, or otherwise discontinue the storefront in any way. Submitter hereby agrees that they are not entitled to any amount of profit, proceeds, income, earnings, royalties, rent, or any other monies that may result from storefront sales or operations. Submitter further agrees to release HorseDuck from any past, present, or future claims against HorseDuck and www.horseduck.com relating to the establishment of said storefront. Submitter acknowledges and agrees that HorseDuck only enters into this transaction under Submitter’s Representations and Warranties contained in Section 6 of these Terms. Submitter further agrees that they have no ownership, control, or interest in www.horseduck.com or any of the Storefronts contained, displayed, or listed, on the Site.
  6. Representations & Warranties
    1. Representations and Warranties. Submitter, whether acting in individual or official capacity, that submits graphics, images, photos, videos, logos, artwork, or any other content (collectively, the “Content”) to HorseDuck or the Site (the “Submission), hereby warrants that they are legally allowed and authorized to submit the Content. They further make the following Representations and Warranties.
      1. Submission of Artwork and Content. The Submitter represents and warrants that they are authorizing HorseDuck to alter, reproduce, manipulate, or otherwise change the Content (collectively, as “Alterations”). Submitter warrants and represents that that they are legally allowed and authorized to transmit the Content and authorize HorseDuck to reproduce the Content, and all subsequent alterations; Submitter hereby authorizes HorseDuck to sell, lease, rent, reproduce, and profit form the use of the Content and all subsequent authorizations. Submitter expressly waives any right to receive any portion of the proceeds from HorseDuck’s sale, lease, rent, reproduction, or use of the Content and all subsequent alterations. Submitter hereby agrees to indemnify and hold HorseDuck harmless from and against all claims stemming from the Submission or any Alterations the Content; Submitter waives all past, present, and future claims and rights to claims against or involving HorseDuck.
      2. Trademarks; Copyright; Intellectual Property. You hereby warrant and represent that You are authorized to Submit the Content to HorseDuck. Further, you warrant and represent that you are authorized to direct, request, or authorize HorseDuck to use any copyrighted and trademarked Content in its ordinary course of business, and that HorseDuck only enters in this agreement because of such warranties and representations. You hereby grant to Company a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information or materials of any kind or nature communicated by you (or on your behalf) to Company through this Site, and to incorporate any Submission in other works in any form, media, or technology now known or later developed. You agree that Company will not be bound to treat any Submission as confidential and may use any Submission in its business (including without limitation, for products, services, marketing, or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations or businesses.
      3. LIABILITY CAP. UNDER NO CIRCUMSTANCES WILL COMPANY'S OBLIGATION OR LIABILITY UNDER THESE TERMS EXCEED THE PURCHASE PRICE YOU PAID ON THE SITE FOR ANY GOODS OR SERVICES. ADDITIONALLY, UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY LOSS OF USE, DATA, BUSINESS, GOODWILL, REPUTATION, OR REVENUE, AND/OR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES OR OTHER DIRECT OR INDIRECT LOSSES OF ANY KIND.
  7. No Duties Owed by HorseDuck. Submitter agrees and acknowledges that HorseDuck owes no duties to the Submitter, the Submitter’s organization or employer, or any other member of Submitter’s organization or employer.
  8. Indemnification. You agree to indemnify and hold  www.horseduck.com and HorseDuck, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (the “Indemnified Parties”) harmless from any breach of this Agreement by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorneys' fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of any content or information or service accessed from this Site. You further agree to indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising from the submission, transmission, or distribution of Content to HorseDuck or www.horseduck.com. You further agree to indemnify and hold the Indemnified Parties harmless for the reproduction, use, sale, rent, distribution or alteration of any Content submitted to HorseDuck Apparel or www.horseduck.com, discussed under any section under this Agreement, or HorseDuck’s Terms and Conditions for Online Sales.
  9. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
  10. Force Majeure. Company shall not be held responsible for delays or non-performance caused by activities or factors beyond its reasonable control, including without limitation, war, weather, strikes, floods, lockouts, fires, acts of God, terrorism, and/or delivery, vendor, supplier, or other third party delays, non-performance, or failures of any kind.
  11. Assignment. Company may assign or otherwise transfer any or all of its rights or obligations hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of your rights or delegate any of your duties hereunder at any time without our prior written consent in each instance, and any attempt to do so shall be null and void.
  12. Severability. In the event that any part or portion of these Terms is deemed to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.
  13. Governing Law/Binding Arbitration.
    1. Governing Law. These Terms shall be governed by the laws of the State of North Carolina without regard to its conflict of laws principles. You and the Company expressly agree that any transactions made, subject to these terms and conditions, is not governed by the United Nations Convention on Contracts for the International Sale of Goods (CISG).
    2. Binding Arbitration. Subject to subsection (c) below and all applicable laws, you are agreeing to give up: (i) your right to litigate any claims that may arise hereunder in court or before a jury; and (ii) your right to consolidate any claim and/or participate in any class-action claim that may arise hereunder in any manner or forum. Instead, any claim, dispute, or controversy of any kind or nature arising hereunder which cannot be amicably resolved by us shall be solely and finally settled by arbitration administered by the Arbitration body of Company's choosing in accordance with its commercial arbitration rules. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration shall take place before a panel of 1 arbitrator(s) sitting in North Carolina, Moore. The language of the arbitration shall be English. The arbitrators will be bound to adjudicate all disputes in accordance with the laws of the State of North Carolina. The decision of the arbitrator(s) shall be in writing with written findings of fact and shall be final and binding on the parties. Each party shall bear all of its own costs, as well as their reasonable outside attorneys' fees, actually incurred in connection with any such arbitration proceedings; provided, however, that if we, the Company, are the prevailing party, we shall be entitled to reimbursement for those amounts that were expended on your behalf. With respect to any arbitration hereunder, as stated above, you hereby expressly waive any right to consolidate any claim and/or participate in any class-action claim of any kind or nature. This Section 12 provides your sole recourse for the settlement of any disputes arising out of, in connection with, or related to these Terms. If any provision of this clause is found unenforceable, such unenforceable provision will be removed and the remaining terms will be enforced.
    3. Small-Claims Option. Notwithstanding the foregoing, you may elect to pursue a breach of warranty claim in small-claims court rather than submit to binding arbitration, but only if you provide us with written notice of your desire to do so within 30 days of your purchase transaction. Any small-claims court proceeding initiated hereunder will be limited solely to your individual dispute; i.e., you are not permitted to file, or participate in, a class action suit in small-claims court with respect to these Terms.
  14. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver of our right to make such enforcement in the future, subject to applicable law.
  15. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii) posting them on the Site. You shall be responsible for ensuring that you have provided us with your current email and mailing addresses. You can contact us at any time by any of the following means: (i) phone, at: (910) 227-9465; or (ii) personal delivery, overnight courier, or registered or certified mail to: HorseDuck Apparel, L.L.C., 550 N. Ashe St, Southern Pines, North Carolina 28387.
  16. Entire Agreement. These Terms, along with the confirmation email referenced in Section 2 above, any instructions that we provide you with relating to any product or service you obtain from us through the Site, any terms and conditions that may be provided in connection with any promotion or other sale, and our Site's "Terms of Use," "Privacy Policy," “Terms and Conditions for Online Sales,” and This Agreement shall, collectively, be deemed a final, exclusive, and integrated agreement between you and us with respect to the subject matter hereof.