Terms of Use

PLEASE READ THIS TERMS OF USE AGREEMENT CAREFULLY BEFORE USING THIS SITE.

 

Tranquility Munching Horse Haven, Inc. NFP (“Owner,” “we,” or “us”), provides this website, www.tmhorsehaven.org, together with all site-related services and authorized mobile applications (collectively, the “Site”), subject to your compliance with the terms and conditions of this agreement (the “Agreement”). This Agreement governs the relationship between Owner and you, the Site visitor and/or member (“you”) with respect to your use of the Site. By using the Site, you agree to the terms and conditions set forth in these Terms of Use. If you do not agree to these terms, please do not use the Site. Please take a moment to carefully read through these Terms as well as our Privacy Policy which is incorporated herein by reference.

 

1. DESCRIPTION OF SERVICE AND ACCEPTANCE OF BINDING LEGAL AGREEMENT

 

Owner, through the Site, provides the opportunity to make donations, volunteer, make reservations and otherwise engage with Owner in connection with its charitable purpose (collectively, the “Services”). Use of the Services is subject to compliance with these Terms of Use (“Terms of Use” or “Terms”), and by using the Services you agree to be legally bound by these Terms.

 

2. CHANGES TO THE TERMS OF USE BY OWNER

 

Owner may amend these Terms of Use at any time by posting the amended Terms of Use on the Site.  Any material amendment to these Terms of Use shall be effective automatically on the date it is posted on the Site. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement.

 

3. ACCESS AND USE OF THE SERVICES

 

Your Responsibilities. You agree to use the Services for lawful and appropriate purposes only. You agree that you will not access the Site or use the Services in a way that:

 

(1)  violates the rights of others, including patent, trademark, trade secret, copyright, privacy, publicity, or other proprietary rights;

(2)  involves accessing the Services through any automated means, including “robots,” “spiders,” or “offline readers”;

(3)  introduces viruses or any other computer code, files, or programs that interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;

(4)  damages, disables, overburdens, impairs, or gains unauthorized access to the Services, including Owner’s servers, computer network, or user accounts;

(5)  uses the Services to advertise or promote services that are not expressly approved in advance in writing by Owner;

(6)  collects personally identifiable information in violation of Owner’s Privacy Policy;

(7)  encourages conduct that would constitute a criminal offense or give rise to civil liability;

(8)   violates these Terms or any guidelines or policies posted by Owner;

(9)   interferes with any other party’s use and enjoyment of the Services; or

(10) attempts to do any of the foregoing.

 

If Owner determines in its sole discretion that you are violating any of these Terms, we may (1) notify you and (2) use technical measures to block or restrict your access or use of the Site. In either case, you agree to immediately stop accessing or using in any way (or attempting to access or use) the Site, and you agree not to circumvent, avoid, or bypass such restrictions, or otherwise restore or attempt to restore such access or use.

 

No Spam/Unsolicited Communications. No one may use the Site to harvest information about users for the purpose of sending, or to facilitate or encourage the sending of, unsolicited bulk or other communications. You understand that we may implement technical remedies to prevent spam or unsolicited bulk or other communications from entering, utilizing, or remaining within our computer or communications networks.

 

Downloads. In order to participate in certain Services, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by any such additional terms and conditions, they are hereby incorporated into these Terms.

 

Suspension/Discontinuation. Owner, in its sole discretion, may, change, suspend, or discontinue some or all of the Services, with respect to any or all users, at any time without notice. You agree that Owner will not be liable to you for any modification, suspension, or discontinuance of the Services.

 

4. ACCOUNTS AND REGISTRATION

 

By choosing to register or create an account with us, you agree to (a) provide accurate, current and complete information about yourself as prompted by our registration form (including your email address) and (b) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete or contains a misrepresentation, we reserve the right to terminate this Agreement and your use of the Site.

 

As part of the registration process, you may be asked to select a username and password. You will be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting the Site and immediately notify us of the problem by phone or email. YOU ARE SOLELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.

 

You may terminate your account at any time by following the procedures set forth on the Site.

 

5. COLLECTION AND USE OF PERSONAL INFORMATION

 

Use by Owner. For information about Owner’s policies and practices regarding the collection and use of your personally identifiable information, please read the Privacy Policy located on the Site. The Privacy Policy is incorporated by reference and made part of these Terms of Use.

 

Use by Other Users.  You agree and acknowledge that by using the Site and by opting to provide personally identifiable information and other information, including without limitation, recipes and ingredients, on the Site you are choosing to make the information you provide available to other users.  You may terminate your use of the Services that require such information and thereby opt out of providing such information at any time by taking the required action to opt out and terminate such Services on the Site. All users are legally bound by these Terms of Use, and Owner will make reasonable efforts to enforce these Terms.  However, you understand that you are choosing to provide your information at your own risk, and you agree and acknowledge that Owner and its members, directors, officers, employees and agents shall not be liable for any claim or injury by or against another user of the Services as a result of their use of the Services, whether arising out of a violation of these Terms or for any other reason.

 

 

6. USER REVIEWS, COMMENTS, AND OTHER MATERIAL

 

Your Posts.  In connection with their use of the Services, users may have an opportunity to publish, transmit, submit, or otherwise post (collectively, “Post”) reviews, comments, or other materials (collectively, “User Material”). By Posting any User Material you agree that your User Material:

 

1. is your own original work or you are authorized to provide it to our site and that you have the right to give us permission to use it for the purposes set out in these terms;

2. will not contain or promote anything illegal, harmful, misleading, abusive, defamatory or anything else that might cause widespread offense or bring us or our business partners into disrepute;

3. does not affect any other person’s privacy rights, contract rights or any other rights;

4. does not contain any virus or other code that may damage, interfere with or otherwise adversely affect the operation of our site;

5. will, if used to promote your own business or services, clearly and openly state your association with the particular business expressly;

6. will not contain any form of mass-mailing or spam.

 

Owner is not responsible for and shall have no liability for any Posting of User Material that infringes on the rights of a third party.

 

Ownership/License. You own your User Material at all times, and you continue to have the right to use it in any way you choose. By Posting any User Material on our site, you grant us a limited, non-exclusive license, irrevocably and free of charge, to use the User Material (including altering and adapting it for operational or editorial reasons) in any media worldwide, for our own marketing, research and promotional activities and our internal business purposes which may include providing the User Material to selected third party partners, service providers, social media and networking sites. 

 

For purposes of these Terms of Use, User Material shall not include any unsolicited ideas for new products, improvements or enhancements to existing products, marketing campaigns or promotions, processes, business practices or similar concepts.  Owner does not accept such unsolicited ideas, and you shall not submit them in any form to Owner or its agents or employees. The purpose of this policy is to avoid potential disputes regarding the ownership of any ideas you may submit.  Regardless of any disclaimer you may include, any unsolicited ideas relating to the above topics shall automatically become the property of the Owner, and Owner shall owe no compensation nor duty of confidentiality to you and may use the information you submit in its sole discretion.

 

7. LINKED DESTINATIONS AND ADVERTISING

 

Third-Party Destinations. If we provide links to other websites, you should not infer or assume that Owner operates, controls, or is otherwise connected with these other websites or destinations. When you click on a link on the Site, we will not warn you that you have left our site and are subject to the terms and conditions (including privacy policies) of another website or destination. It is your responsibility to read the terms of use and privacy policy of any other website or destination before you provide any confidential information or engage in any transactions. You should not rely on these Terms to govern your use of another website or destination. Owner is not responsible for the content or practices of any website other than the Site.

 

Advertisements. Owner takes no responsibility for advertisements or any third-party material Posted on the site, nor does it take any responsibility for the products or services provided by advertisers. Any dealings you have with advertisers found while using the Services are between you and the advertiser, and you agree that Owner is not liable for any loss or claim that you may have against an advertiser.

 

8. TRADEMARKS

 

Tranquility Munching Horse Haven, Inc. NFP, Owner’s logo, and other of Owner’s marks, graphics, logos, scripts, and sounds are trademarks of Owner. None of these trademarks may be copied, downloaded, or otherwise exploited.

 

 

9. DISCLAIMER OF WARRANTIES, LIMITATION OF LIABILITY, AND INDEMNITY

 

WHILE WE DO OUR BEST TO PROVIDE THE OPTIMAL PERFORMANCE OF THE SERVICES, YOU AGREE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. THE SERVICES, INCLUDING THE SITE, THE OTHER SERVICES, AND ANY OTHER MATERIALS CONTAINED ON OR PROVIDED BY OWNER IN CONNECTION THEREWITH ARE PROVIDED “AS IS” AND, TO THE FULLEST EXTENT PERMITTED BY LAW, ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OWNER DOES NOT MAKE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, COMPLETENESS, AVAILABILITY, SECURITY, COMPATIBILITY OR NONINFRINGEMENT; OR THAT THE SERVICES WILL BE UNINTERRUPTED, FREE OF VIRUSES AND OTHER HARMFUL COMPONENTS, ACCURATE, OR ERROR FREE.

 

IN NO EVENT SHALL OWNER OR ITS AFFILIATES, SUCCESSORS, AND ASSIGNS, AND EACH OF THEIR RESPECTIVE INVESTORS, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND SUPPLIERS (COLLECTIVELY, THE “OWNER PARTIES”), BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR OTHER DAMAGES, INCLUDING LOSS OF PROFITS, ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF THE SERVICES, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHER THEORY. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING OR PARTICIPATING IN ANY ACTIVITY RELATED TO USE OF THE SERVICE.

 

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE OWNER PARTIES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, DAMAGES, EXPENSES (INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS), AND OTHER LOSSES ARISING OUT OF OR IN ANY WAY RELATED TO YOUR BREACH OR ALLEGED BREACH OF THESE TERMS OR YOUR USE OF THE SERVICES. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO EMPLOY SEPARATE COUNSEL AND ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

 

10. GENERAL INFORMATION

 

Choice of Law and Forum. These Terms of Use are governed by, and construed in accordance with, the laws of the State of Illinois without giving effect to principles of conflict of laws. Any claims to enforce these Terms of Use shall be filed in and you agree to submit to the exclusive jurisdiction of the courts located in Champaign County, Illinois.

 

No Waiver/Reliance. If you see other parties violating these Terms, please bring it to our attention. Precisely how Owner responds to a party that is violating these Terms will be determined after carefully analyzing all of the facts and circumstances of a particular case. You may not rely on Owner’s precise response with respect to one party or one situation as any indication of what Owner might do with respect to another party or another situation, even if the parties or situations appear to you to be similar. Similarly, if we fail to act in response to a violation of these Terms of Use, you should not assume that we do not object to the violation or even that we are aware of it. In addition, you may not construe a waiver of any provision of these Terms of Use with respect to any party as a waiver of that provision (or any other provision) with respect to either that party or any other party.

 

Integration and Severability. Please note that these Terms of Use, including Owner’s Privacy Policy which is incorporated in these Terms, constitute the entire legal agreement between you and Owner and govern your use of the Services, and supersedes any prior oral or written agreements relating to the Services. These Terms of Use operate to the fullest extent permissible by law. If any provision of these Terms is held to be unlawful, void, or unenforceable, you and we agree that the provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.