TERMS AND CONDITIONS OF USE [Effective on: August 25, 2015]
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.
1. Agreement. This Term of Use agreement ("the "Agreement") specifies the Terms and Conditions for access to and use of [name of website] (the "Site") and describes the terms and conditions applicable to your access of and use of the Site.
This Agreement is a legally binding agreement between you and bmqhorses.com (the "Site"), a Minnesota company (“Blue Mound Quarters”), which governs your use of bmqhorses.com.
This Agreement may be modified at any time by bmqhorses.com 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 bmqhorses.com. Each use by you shall constitute and be deemed your unconditional acceptance of this Agreement.
3. Ownership. All content included on this site is and shall continue to be the property of bmqhorses.com 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. Links to Third-Party Websites. Our Service may contain links to third-party web sites or services that are not owned or controlled by bmqhorses.com.
bmqhorses.com has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that bmqhorses.com shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
5. Intended Audience. This website is intended for adults only. This website is not intended for any children under the age of 13.
6. User content. In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to bmqhorses.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to bmqhorses.com- the right to sub-license these rights, and the right to bring an action for infringement of these rights.
Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or bmqhorses.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
bmqhorses.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of bmqhorses.com, or hosted or published upon this website.
bmqhorses.com's rights under these terms and conditions in relation to user content, bmqhorses.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
8. Site Use. bmqhorses.com 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 bmqhorses.com and bmqhorses.com may terminate your use of this website at any time.
Currently, this Website is provided for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible, appropriate or legal outside of the United States. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
9. Compliance with Laws. You agree to comply with all applicable laws regarding your use of the website. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.
10. Indemnification. You agree to indemnify, defend and hold bmqhorses.com and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the Site.
11. Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. YOU AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. BMQHORSES.COM DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE.
12. Limitation of Liability. UNDER NO CIRCUMSTANCES WILL BMQHORSES.COM BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/ OR CONTENT IS TO CEASE ALL OF YOUR SITE USE.
14. 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 our Copyright Agent:
(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.
Our Copyright Agent for Notice of claims of copyright infringement on the Site can be reached as follows:
By Mail: 26160 240th St Nevis, MN 56467
15. Applicable Law. You agree that the laws of the state of Minnesota without regard to conflicts of laws provisions will govern these Terms and Condition of Use and any dispute that may arise between you and bmqhorses.com or its affiliates.
16. 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.
17. Waiver. The failure of bmqhorses.com 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 bmqhorses.com must be in writing and signed by an authorized representative of bmqhorses.com.
18. Termination. bmqhorses.com may terminate this Agreement at any time, with or without notice, for any reason.
19. 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.
21. Contact Information.
Blue Mound Quarters
26160 240th St Nevis, MN 56467