Terms of service
TERMS AND CONDITIONS OF SERVICE
Welcome to our website. This site is maintained as a service to our customers. By using this site, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site.
This Terms of Use is made by and between HorseDuck Apparel, L.L.C. (“We”, “Us”, “Our”, the “Company”, or “HorseDuck”), a North Carolina limited liability company, with offices at 550 N. Ashe St, Southern Pines, NC 28387, and you the user (“you”, “your” or “User”). BY SUBMITTING AN OFFER FOR SALE, SUBMITTING A MESSAGE TO US, ACCESSING, VISITING, BROWSING, USING OR ATTEMPTING TO INTERACT WITH OR USE ANY PART OF WWW.HORSEDUCK.COM (THE “SITE”), OR ANY HORSEDUCK SERVICES OR CONTENT (COLLECTIVELY "SERVICES"), YOU AGREE THAT YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL OTHER COMPANY POLICIES, TERMS AND CONDITIONS, AND AGREEMENTS. THE MOST CURRENT VERSION OF THE TERMS OF USE, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO HTTPS://HORSEDUCK.
COM/POLICIES/TERMS-OF-SERVICE, AND WWW.HORSEDUCK.COM RESERVES THE RIGHT TO CHANGE THE TERMS OF USE AT ANY TIME AND WITHOUT NOTICE TO YOU.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of www.horseduck.com (the "Site") and describe the terms and conditions applicable to your access of and use of the Site. This Agreement may be modified at any time by Horseduck upon posting of the modified Agreement. Any such modifications shall be effective immediately. You can view the most recent version of these terms at any time at [terms of use]. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.HORSEDUCK RESERVES THE RIGHT, WITH OR WITHOUT NOTICE, TO MAKE CHANGES TO THIS AGREEMENT AT HORSEDUCK’S DISCRETION. YOUR CONTINUED USE OF ANY PART OF THIS WEBSITE OR ANY SERVICE CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES TO THIS AGREEMENT. YOU SHOULD REVIEW THIS AGREEMENT PERIODICALLY TO DETERMINE IF ANY CHANGES HAVE BEEN MADE. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY GOING TO HTTPS://HORSEDUCK.COM/POLICIES/TERMS-OF-SERVICE.
2. Privacy. In addition, when using our Site, you shall be subject to any posted policies, guidelines or rules applicable to use of the Site and any service provided by the Site, including, but not limited to, our Privacy Policy. All such policies, guidelines and rules are hereby incorporated by reference into these Terms of Use. Our Privacy Policy can be reviewed at https://horseduck.com/policies/privacy-policy.
3. Ownership. All content included on this site is and shall continue to be the property of HorseDuck or its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the Site is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this Site.
4. Intended Audience. YOU MUST BE AT LEAST 18 YEARS OF AGE TO ACCESS AND USE THIS WEBSITE. IF YOU ARE 13 YEARS OR YOUNGER, DO NOT USE THIS SERVICE FOR ANY PURPOSE. THIS WEBSITE IS NOT IS NOT INTENDED FOR USE BY ANYONE UNDER THE AGE OF 18.
5. Trademarks. You acknowledge HorseDuck's exclusive rights in the www.horseduck.com trademark and service mark and the “HorseDuck Apparel” registered trademark. Trademarks, service marks, logos, and copyrighted works appearing in this website are the property of HorseDuck or another party that provided such intellectual property to www.horseduck.com. HorseDuck and any party that provides intellectual property to HorseDuck or wwww.horseduck.com retain all rights with respect to any of their respective intellectual property appearing in this website, and no rights in such materials are transferred or assigned to you.
Site Use. HorseDuck grants you a limited, revocable, nonexclusive license to use this site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products or services in violation of any law. The use of this website is at the discretion of HorseDuck and HorseDuck may terminate your use of this website at any time.
7. NO CO-BRANDING OR FRAMING. You may not use or authorize any party to co-brand or frame any Company Websites without the express prior written permission of an authorized representative of Company in each instance. For purposes of these Terms of Use, "co-branding" means to display a name, logo, trademark, trade name, service mark, or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish, or distribute this Site or content accessible within this Site. For purposes of these Terms of Use, "framing" refers to displaying any Company webpage within a bordered area of another website, regardless of whether the address of the originating Company Website is visible. Furthermore, you agree to cease any unauthorized co-branding or framing immediately upon notice from Company.
NO UNLAWFUL ACCESS. You agree that you will not use Company's Sites in any manner that could in any way disable, overburden, damage, or impair the Sites or otherwise interfere with any other party's use and enjoyment of the Sites You further agree that you will not obtain, or attempt to obtain, any materials, content, or information by any means not expressly made available or provided for through the authorized use of the Sites
9. Personal and Non-Commercial Use of Website. www.horseduck.com is for your personal and non-commercial use, unless otherwise specified or expressly agreed to. You may not use any service provided by the Site for any other purpose, including any commercial purpose, without the prior express written permission of an authorized representative of www.horseduck.com. You may not modify, copy, distribute, display, send, perform, reproduce, publish, license, create derivative works from, reverse engineer, transfer, sell or otherwise infringe on any intellectual property rights related to any information, content, software, products or services obtained from or otherwise connected to this website. The use of this website is at the discretion of HorseDuck and HorseDuck may terminate your use of this website at any time.
10. HYPERLINKING. The Site may provide, or other parties including Site Users may provide, links to other World Wide Websites or resources which are not maintained by, or related to, the Site. Links to such sites are provided as a service to our Users and are not sponsored by, endorsed, or otherwise affiliated with the Site or the Company. The Site has no control over these other websites and any content thereon and makes no representations or warranties about the content, completeness, quality or accuracy of any such third party website. Therefore, you acknowledge and agree that the Site is not responsible for the availability of such links, and that the Site and the Company do not endorse and are not responsible or liable for any content, advertising, products, or other materials made available on or from these linked websites. You also acknowledge and agree that the Site and the Company are not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of any content, goods, or services offered through these links or any failures and/or disruption to your computer system that may result from your use of any such links, or for any intellectual property or other third party claims relating to your posting or using such links. YOU AGREE THAT IF THE SITE REQUESTS YOU TO DISABLE ANY LINK YOU HAVE POSTED, AND IF YOU FAIL TO DO SO WITHIN 24 HOURS AFTER RECEIVING THE REQUEST TO DISABLE, THE SITE HAS THE RIGHT TO DISABLE THE LINK WITHOUT AY FURTHER NOTICE TO YOU.
11. USE OF COMMUNICATION SERVICES. Company's Sites may contain forums, bulletin board services, chat areas, message boards, news feeds, news groups, communities, personal web pages, calendars, and/or other message or communication facilities designed to allow you to communicate with the Internet community or with a group (collectively, "Communications Services"). You agree to use the Communication Services only to post, send, and receive messages and content that are considered proper and related to the particular Communication Service. Among other actions, when using a Communication Service, you agree that you will not post, send, submit, publish, or transmit in connection with this Site, or cause to be posted, sent, submitted, published or transmitted, any material that:
a. you do not have the right to post, including without limitation any proprietary material of any third party protected by intellectual property laws (or by rights of privacy or publicity);
b. advocates or could reasonably serve to encourage, either directly or indirectly, any illegal or immoral activity, or discusses an intent to commit an illegal act or violate any law, rule, or regulation;
c. is vulgar, obscene, pornographic, incendiary, or indecent;
d. threatens or abuses others;
e. is libelous or defamatory towards others;
f. is racist, abusive, harassing, threatening or offensive;
g. seeks to exploit or harm children by exposing them to inappropriate content, or asking for personally identifiable details or information;
h. harvests or otherwise collects information about others, including e-mail addresses, financial information or other personally identifying information, without their prior express consent in each instance;
i. impersonates or misrepresents your connection to any other entity or person or otherwise manipulates or forges headers or identifiers to disguise the origin of content;
j. falsifies or deletes any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is permissibly uploaded (e.g., copyright, trademark or patent notices);
k. advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this Site;
l. solicits funds, advertisers or sponsors for any purpose;
m. includes programs that contain viruses, worms and/or Trojan horses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications device;
n. disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise acts in a way which affects the ability of other people to engage in real-time activities via this Site;
o. amounts to a pyramid or other like scheme, including without limitation contests, chain letters, and surveys;
p. disobeys any policy or regulations including any code of conduct or other guidelines established from time to time regarding the use of this Site and/or any networks connected to this Site; or
q. contains hyperlinks to other sites that contain content that falls within the scope of this Section.
r. You acknowledge that any materials uploaded to the Communication Service may be subject to posted limits on use, reproduction, and/or dissemination, and you are responsible for abiding by such limitations with respect to your submissions, including any downloaded materials. Notwithstanding these rights, you remain solely responsible for the content of your submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action made by Company or such third party with respect to any submission.
s. You acknowledge that the Site may or may not pre-screen materials uploaded to the Communication Service, yet the Site and its designees shall have the right, but not the obligation, in its sole discretion, to pre-screen, refuse, remove, or delete any Content that violates this Agreement or is otherwise objectionable as determined by the Site in its sole discretion.
t. The Site reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Communication Services (or any part thereof) with or without notice. You agree that the Site will not be liable to you or any third party for any modification, suspension, or discontinuance of the Communication Services.
12. WHILE THE SITE EXPLICITLY PROHIBITS THE ABOVE CONDUCT, YOU ACKNOWLEDGE AND AGREE THAT YOU MAY BE EXPOSED TO SUCH CONDUCT AND CONTENT, AND THAT YOUR USE OF THE SITE IS ENTIRELY AT YOUR OWN RISK, AND THAT THE SITE SHALL HAVE NO LIABILITY OF ANY KIND FOR SUCH CONDUCT.
13. YOU UNDERSTAND AND AGREE THAT IF YOUR USE OF COMMUNICATIONS SERVICES VIOLATES ANY OF THE ABOVE CODES OF CONDUCT, THE SITE CAN SUSPEND AND/OR TERMINATE YOUR USE OF THE SITE IMMEDIATELY WITHOUT PRIOR NOTICE AND WITHOUT ANY RIGHT OF REFUND, SET-OFF, OR HEARING.
14. PERSONALLY IDENTIFIABLE INFORMATION. Personal and certain other information is subject to the Site’s Privacy Policy. As a condition of using the Communication Services you agree to the terms of the Privacy Policy, as it may be changed from time to time. Our Privacy Policy, which is incorporated herein by reference, is located at https://horseduck.com/policies/privacy-policy. You agree that your use of any Communications Service is subject to the Privacy Policy.
SECURITY. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
16. BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES
17. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the Site. You further agreed that information provided by you is truthful and accurate to the best of your knowledge. You must abide by all Federal, State and local laws. If you are outside the United States you must comply with all local laws with respect to your online conduct, as well as the export of data to the United States or to your country or residence.
18. 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.
19. Disclaimer. YOUR USE OF THIS SITE IS AT YOUR OWN RISK. ANY SERVICE AND/OR INFORMATION PROVIDED BY THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. WWW.HORSEDUCK.COM DISCLAIMS ALL WARRANTIES, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT. WWW.HORSEDUCK.COM DOES NOT WARRANT THAT ANY FUNCTION OR CONTENT CONTAINED ON THIS SITE OR ANY SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WWW.HORSEDUCK.COM DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING USE, OR THE RESULT OF USE, OF ANY SERVICE OR CONTENT IN TERMS OF ACCURACY, RELIABILITY, OR OTHERWISE. THE USER ACKNOWLEDGES THAT THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND WWW.HORSEDUCK.COM MAY MAKE CHANGES OR IMPROVEMENTS TO THE SITE AT ANY TIME. YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY LOSS OR DAMAGE ARISING FROM THE USE OF THIS SITE, ANY SERVICE, OR ITS CONTENT. WWW.HORSEDUCK.COM MAKES NO WARRANTIES THAT YOUR USE OF THE CONTENT WILL NOT INFRINGE THE RIGHTS OF OTHERS AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN ANY CONTENT ON THE SITE. WWW.HORSEDUCK.COM, ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS WILL NOT BE LIABLE FOR ANY INCIDENTAL, DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR OTHER DAMAGES, INCLUDING LOSS OF REVENUE OR INCOME, LOSS OF DATA, PAIN AND SUFFERING, EMOTIONAL DISTRESS, OR SIMILAR DAMAGES, EVEN IF WWW.HORSEDUCK.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, SUCH DAMAGES WERE REASONABLY FORESEEABLE OR WWW.HORSEDUCK.COM WAS GROSSLY NEGLIGENT. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF WWW.HORSEDUCK.COM AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO WWW.HORSEDUCK.COM FOR THE USE OF THE SITE OR ANY SERVICE IT PROVIDES.
20. Use of Information. HorseDuck reserves the right, and you authorize us, to use and assign all information regarding site uses by you and all information provided by you in any manner consistent with our Privacy Policy.
21. Copyrights and Copyright Agent. If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide a notice containing all of the following information to the Company, or its Manager(s):
a. An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. A description of the copyrighted work that you claim has been infringed;
c. A description of where the material that you claim is infringing is located on the Site;
d. Your address, telephone number, and e-mail address;
e. A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
f. A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
g. Our representative, for Notice of claims of copyright infringement on the Site is Mr. Jonathan Swedborg, who can be reached as follows:
By Mail: HorseDuck Apparel, L.L.C.
ATTN: Manager, Officers, or Managing Agent(s)
550 N. Ashe Street
Southern Pines, NC 28387
By Phone: (910)227-9465
By E-mail: customerservice@horseduck.com
22. Applicable Law. Governing Law; Venue; Actions. If there is any dispute about or involving the Site or the Terms of Use, you agree that any dispute shall be governed by the laws of the State of North Carolina without regard to its conflict of law provisions. You agree to personal and exclusive jurisdiction by and venue in the state and federal courts of Moore County, North Carolina.
a. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SITE, ANY SERVICE PROVIDED BY THE SITE, OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
23. Severability. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
24. Waiver. The failure of www.horseduck.com or HorseDuck to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by www.horseduck.com must be in writing and signed by an authorized representative of www.horseduck.com.
25. Termination. Modification and Termination of the Website. www.horseduck.com reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or any service provided by the website (or any part thereof) with or without notice. You agree that www.horseduck.com will not be liable to you or any third party for any modification, suspension or discontinuance of the website or any service.
26. Relationship of the Parties. Nothing contained in this Agreement 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.
27. Entire Agreement. This Terms of Use constitutes the entire agreement between you and www.horseduck.com and governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and www.horseduck.com with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the website. HorseDuck and www.horseduck.com may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of this website after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
28. Contact Information. All communications regarding this Agreement or any of the content on www.horseduck.com should be sent to:
HorseDuck Apparel, L.L.C.
550 N. Ashe Street
Southern Pines, NC 28387
(910)227-9465
customerservice@horseduck.com