TERMS AND CONDITIONS OF USE
This website (“this Website”) is owned and operated by Tennessee Walking Horse Breeders’ and Exhibitors’ AssociationSM (“TWHBEA” or “we”). We provide use of this Website and of the resources and services available through this Website subject to these Terms and Conditions of Use (“these Terms”). By accessing any part of this Website, its user (“you”) agrees to be bound and to abide by these Terms. If you do not agree with any part of these Terms, please do not use this Website.
We may change or revise these Terms at any time, for any reason and without notice. Your continued use of this Website signifies your acceptance of any such changes or revisions. For this reason, please visit this page on a regular basis to ensure that you are familiar with the most recent version of these Terms.
The user, by accessing this service, consents and voluntarily releases and holds harmless the Tennessee Walking Horse Breeders & Exhibitors Association (TWHBEA) from any and all liability arising from the usage of this service. TWHBEA makes no warranties, either expressed or implied, regarding the accuracy of the information listed, or regarding the persons or entities contained herein.
This Contract shall bind and inure to the benefit of, as the circumstances, may require, not only the immediate parties hereto, but also their respective heirs, assigns, executors, administrators, personal representatives and successors in interest as well.
This Website is exclusively for personal, non-commercial use. You may not copy, reproduce, modify, distribute, transmit, display, perform, publish or otherwise use or exploit, through any means or media, whether now existing or subsequently developed, any of the content or materials included on this Website or the computer programs used in connection with this Website. You agree not to interfere or attempt to interfere with the proper working of this Website, any transaction conducted or being conducted on this Website, or with anyone’s use of this Website.
"Any unauthorized use or possession of the materials contained herein shall subject the unauthorized user or possessor of said material to damages for breach of the terms and conditions of use, including but not limited to, attorney fees associated with enforcement of the terms and conditions of use.”
The trademarks and service-marks IPEDS™, TENNESSEE WALKING HORSE BREEDERS' AND EXHIBITORS' ASSOCIATIONSM, TWHBEASM, TWHBEASM and Design, TENNESSEE WALKING HORSE YOUTH ASSOCIATIONSM, TENNESSEE WALKING HORSE YOUTH ASSOCIATIONSM and Design, TWHYASM, VOICE™, VOICE OF THE TENNESSEE WALKING HORSE™ and VOICE OF THE TENNESSEE WALKING HORSE™ and Design, and the trade dress of <www.twhbea.com> (“the TWHBEA Marks”) are exclusive property of TWHBEASM. Commercial use of the TWHBEASM Marks, or of any word, term, name or symbol that dilutes the TWHBEASM Marks, or of any word, term, name or symbol that is likely to cause confusion or mistake with respect to the user’s connection or association with TWHBEASM or TWHBEA’s approval or sponsorship of the user’s products or services, is strictly prohibited by law. All other trademarks that appear on this Website are property of their respective owners.
You grant us an irrevocable, world-wide, perpetual, royalty-free, sub-licensable right to copy, reproduce, modify, distribute, transmit, display, perform, publish and otherwise use, through any means or media, whether now existing or subsequently developed, any materials that you post on or submit to this Website. You also grant us an irrevocable, world-wide, perpetual, royalty-free, sub-licensable right to use your name and likeness in connection with your materials. We will not pay you any compensation in connection with your posting or submission. We may remove your materials from this Website at any time, for any reason and without notice to you.
By posting or submitting your materials, you represent and warrant that you own or otherwise control all of the rights in your materials, or that you have the rights necessary to grant the above license to us, and that your materials do not violate any rights, including the rights of privacy, of any party and do not otherwise violate the law. You will indemnify and hold harmless TWHBEASM and its directors, officers, employees, agents, subsidiaries, affiliates, successors or assigns for and against any and all claims, actions and damages that are related to or result from your materials or their posting on or submission to this Website.
When any of the services on this Website require you to open an account, you must complete the registration process by providing us with complete and accurate information, and by choosing a password. You are solely responsible for maintaining the confidentiality of your account access information and for any and all activities that occur under your account or password. You are also solely responsible for any and all losses or damages to you, TWHBEA or to third parties that result from unauthorized use of your account access information. You agree to notify us immediately of any suspected or actual unauthorized use of your account or your password, or of any other security breach.
This Website contains links to websites of third parties. Neither these third parties nor their websites are maintained by, or under the control of, TWHBEA"TM". We do not examine or evaluate these third-party websites, and are not responsible for their content or operation. By providing links to these websites, we do not approve, warrant or endorse them or their owners or operators, and do not assume any responsibility or liability for them.
The software application used with this Website is owned by osCommerce (www.oscommerce.com) and is used with permission under GNU General Public License.
Notification of Claim of Copyright Infringement
To notify us of your claim of copyright infringement, please send a written communication to our designated Copyright Agent. Your notice should contain:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
- Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Please send this notification to:
Rickey Clardy, Copyright Agent
250 North Ellington Parkway
Lewisburg, Tennessee 37091-0286
Telephone: (931) 359-1574
Facsimile: (931) 359-7530
Terms and Conditions of Sale
Our obligations, if any, with regard to our products and services are governed solely by the agreements pursuant to which they are provided to you, and nothing on this Website should be construed to alter such agreements.
Title to products passes from TWHBEA"TM" to you on their shipment from our facility. Loss or damage that occurs during shipping by a carrier selected by us is our responsibility; loss or damage that occurs during shipping by a carrier selected by you is your responsibility. If you believe that any part of your purchase is wrong, damaged or missing, you must notify us within fourteen (14) days of the date of the invoice for your purchase.
Representations and Warranties
We provide this Website on an “as is” and “as available” basis. We do not promise that this Website or any content or service featured on this Website will be error-free, complete, timely, reliable or uninterrupted, or that any defects will be corrected, or that your use of this Website will provide specific results. We make no representations or warranties of any kind, express or implied, as to the operation of this Website, or the information, content or materials included on this Website, or the products or services available through this Website, or the computer programs used in connection with this Website. We disclaim all warranties, express and implied, including, without limitation, implied warranties of merchantability and fitness for a particular purpose, to the fullest extent allowed by applicable laws. You expressly agree that your use of this Website is at your sole risk. We will not be liable for any damages of any kind that are related to or arise from the use of this Website, including, without limitation, direct, indirect, incidental, consequential, exemplary or punitive damages. You assume the entire responsibility for your use of this Website or of any third-party materials. Your sole remedy against us is to stop using this Website.
If it becomes necessary for either party to initiate legal action against the other to enforce this Contract or to enforce any provision thereof, the losing party in any suit or action shall pay the reasonable attorney's fees to be fixed by the trial court in favor of the prevailing party, and if any appeal is take from the decision of the trial court, such further sum as may be fixed by the appellate court as the prevailing party's reasonable attorney's fees and costs in the appellate court.
If, however, TWHBEA"TM" is found to be liable to you for any damage or loss that arises out of, or is related to, your use of this Website, TWHBEA’s liability shall, in no event, exceed the greater of: (a) the sum equal to the total of the amounts paid by you in connection with your use of a service on this Website during the immediately preceding year; or (b) One Hundred Dollars ($100).
Please note that some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of certain damages; for that reason, some of the above exclusions may not apply to you.
Disputes and Applicable Law
In the event of a dispute between you and TWHBEA"TM" that arises out of, or is related to, this Website or these Terms, or their interpretation or validity, you agree to cooperate with us, in good faith, in the attempt to resolve such dispute. The laws of the State of Tennessee, United States of America, without regard to the principles of conflicts of laws, will govern your use of this Website and these Terms, and their interpretation or validity, and any dispute between you and TWHBEA"TM" related to them. The courts sitting in Marshall County, Tennessee, and related appellate courts, will have exclusive personal jurisdiction over you in such dispute, and you waive all objections to their exercise of such jurisdiction.