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Shepard Meadows Equestrian Center
Terms of Use

Last Update: 2/26/2024

1. Introduction 
Welcome! Shepard Meadows Equestrian Center (“Shepard Meadows,” “we,” “us,” or “our”) invites you to access and use our website located at https://www.shepardmeadows.org  (the “Website”), subject to the following terms and conditions (the “Terms of Use”). By visiting the Website, you acknowledge that you have read, understood, and agree to be legally bound by these terms of use and the terms and conditions of our privacy policy (the “Privacy Policy”), which are hereby incorporated into these terms of use and made a part hereof by reference (collectively, the “Agreement”). If you do not agree to any of the terms in the agreement, you may not access or use the Website.  


We may change these Terms of Use from time to time with or without notice to you. If we modify these Terms of Use, we will post the modification on the Website. Please check these Terms of Use periodically for changes. Your continued use of the Website following the posting of the modified Terms of Use will mean you accept those changes. 


If you are accessing and using the Website on behalf of a legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the terms “you” or “your” refers to such entity, in addition to you in your individual capacity.


Shepard Meadows offers fee-based products and services, including certain classes and merchandise (“Paid Products”). We provide access to and use of our Paid Products pursuant to commercial agreements, associated with the applicable Paid Products made available to you at the time of purchase (the “Commercial Agreement”). If there is a conflict between these Terms of Use and terms and conditions of the applicable Commercial Agreement associated with the Paid Product you are purchasing, the terms and conditions of the Commercial Agreement will take precedence with respect to the use of or access to such Paid Products.


Capitalized terms not defined in these Terms of Use shall have the meaning set forth in our Privacy Policy.

THE SECTIONS BELOW TITLED “BINDING ARBITRATION” AND “CLASS ACTION WAIVER” CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION WAIVER. THEY AFFECT YOUR LEGAL RIGHTS. PLEASE READ THEM.

2. Access and Use 
The Website is available only to individuals aged 13 years or older, and only available in the United States. If you are 13 or older, but under the age of majority in your jurisdiction, you should review these Terms of Use with your parent or guardian to make sure that you and your parent or guardian understand it. If you are under the age of 13, you may not use the Website. We reserve the right, in our sole and absolute discretion, to deny you access to the Website, or any portion thereof, without notice and without reason.

3. Community Guidelines 
By accessing and/or using the Website you hereby agree to comply with the following guidelines: 

  • You will not use the Website for any unlawful purpose;

  • You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity; 

  • You will not decompile, reverse engineer, or disassemble any software or other data or processes accessible through the Website;

  • You will not cover, obscure, block, or in any way interfere with any safety features of the Website, or any content or advertisements; 

  • You will not circumvent, remove, alter, deactivate, degrade, or thwart any of the protections in the Website;

  • You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, directly or indirectly, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org);

  • You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and

  • You will not interfere with or attempt to interrupt the proper operation of the Website through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Website through hacking, password or data mining, or any other means. 

 

We reserve the right, in our sole and absolute discretion, to deny you (or any device) access to the Website, or any portion thereof, without notice.

4. Intellectual Property 
The Website and all information and materials available on the Website are protected by copyright, trademark, and other laws of the United States and foreign countries. Except as expressly provided in these Terms of Use, Shepard Meadows and its licensors exclusively own all right, title, and interest in and to the Website, including all associated intellectual property rights. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying any Website.


You may view all content on the Website (the “Content”) for your own personal or internal business use and not for any other use, including any commercial use, without the prior written consent of Shepard Meadows. We, and our licensors, retain all right, title, and interest, including all intellectual property rights, in and to the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any commercial purpose. 


If you violate any part of this Agreement, your permission to access the Website automatically terminates and you must immediately destroy any copies you have made of any Website.


The trademarks, service marks, and logos of Shepard Meadows (the “Shepard Meadows Trademarks”) used and displayed on the Website are registered and unregistered trademarks or service marks of Shepard Meadows. Other company, product, and service names located on the Website may be trademarks or service marks owned by others (the “Third-Party Trademarks,” and, collectively with Shepard Meadows Trademarks, the “Trademarks”). Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Trademarks, without our prior written permission specific for each such use. Use of the Trademarks as part of a link to or from any website is prohibited unless establishment of such a link is approved in advance by us in writing. All goodwill generated from the use of Shepard Meadows Trademarks inures to our benefit. 


Elements of the Website are protected by trade dress, trademark, unfair competition, and other state and federal laws and may not be copied or imitated in whole or in part, by any means, including, but not limited to, the use of framing or mirrors. None of the Content may be retransmitted without attribution citing Shepard Meadows, in each and every instance.

5. Feedback
We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website and our products and services (“Feedback”). Although we encourage you to e-mail us, or use our contact form, we do not want you to, and you should not, provide us any content that contains confidential information. With respect to any Feedback you provide, we shall be free to use and disclose any ideas, concepts, know-how, techniques, or other materials contained in your Feedback for any purpose whatsoever, including, but not limited to, the development, production and marketing of products and services that incorporate such information, without compensation or attribution to you.

6. Disclaimers and Limitation of Liability 
THE WEBSITE, AND INFORMATION AND CONTENT PROVIDED ON THE WEBSITEARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND NEITHER SHEPARD MEADOWS NOR ITS LICENSORS MAKE ANY WARRANTIES WITH RESPECT TO THE SAME OR OTHERWISE IN CONNECTION WITH THIS AGREEMENT, AND SHEPARD MEADOWS HEREBY DISCLAIMS ANY AND ALL EXPRESS, IMPLIED, OR STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AVAILABILITY, ERROR-FREE OR UNINTERRUPTED OPERATION, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, SHEPARD MEADOWS MAKES NO WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, OR CURRENTNESS OF ANY CONTENT AVAILABLE ON THE WEBSITE. SHEPARD MEADOWS PROVIDES ALL CONTENT FOR INFORMATIONAL PURPOSES AND YOU MUST EXERCISE YOUR OWN JUDGEMENT WITH RESPECT TO YOUR USE OF SUCH CONTENT. TO THE EXTENT THAT SHEPARD MEADOWS AND ITS SUPPLIERS MAY NOT AS A MATTER OF APPLICABLE LAW DISCLAIM ANY IMPLIED WARRANTY, THE SCOPE AND DURATION OF SUCH WARRANTY WILL BE THE MINIMUM PERMITTED UNDER SUCH LAW. 


IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) WE SHALL NOT BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO FIFTY DOLLARS ($50).
 

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. THEREFORE, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
 

NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. 


THE WEBSITE AND THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. UNLESS REQUIRED BY APPLICABLE LAWS, WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL OR TECHNICAL ERRORS LISTED ON ANY OF THE WEBSITE OR THE CONTENT. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE WEBSITE AND THE CONTENT AT ANY TIME WITHOUT NOTICE. 

7. External Websites 
The Website may contain links to third-party websites (“External Websites”), but we do not endorse and are not responsible for the maintenance or content of any linked External Website. Please refer to the terms of use and privacy policies of the External Websites for more information. 

8. Indemnification 
You will indemnify, defend, and hold Shepard Meadows and its shareholders, members, officers, directors, employees, agents, and representatives (collectively, “Shepard Meadows Indemnitees”) harmless from and against any and all damages, liabilities, losses, costs, and expenses, including reasonable attorney’s fees (collectively, “Losses”) incurred by any Shepard Meadows Indemnitee in connection with a third-party claim, action, or proceeding (each, a “Claim”) arising from (i) your breach of this Agreement; (ii) your misuse of the Website or Content; or (iii) your violation of any third-party right, including without limitation any intellectual property or privacy right; provided, however, that the foregoing obligations shall be subject to our: (i) promptly notifying you of the Claim; and (ii) providing you, at your expense, with reasonable cooperation in the defense of the Claim.

9. Compliance With Applicable Laws
The Website is based in the United States. We make no claims concerning whether the Website may be viewed or be appropriate for use outside of the United States. If you access the Website from outside of the United States, you do so at your own risk. Whether inside or outside of the United States, you are solely responsible for ensuring compliance with the laws of your specific jurisdiction.

10. Termination 
We reserve the right, in our sole discretion, to restrict, suspend, or terminate the Agreement and/or your access to all or any part of the Website and Content, at any time and for any reason without prior notice or liability. We reserve the right to change, suspend, or discontinue all or any part of the Website and Content at any time without prior notice or liability. 

11. Binding Arbitration 
In the event of a dispute arising under or relating to this Agreement, the Website, and the Content (each, a “Dispute”), such dispute will be finally and exclusively resolved by binding arbitration governed by the Federal Arbitration Act (“FAA”). NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules and Procedures and in accordance with the Expedited Procedures in those rules, or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States’ county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in the “Equitable Relief” Section below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests. 

 

12. Class Action Waiver 
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

13. Equitable Relief 
You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of New Jersey for purposes of any such action by us.

14. Miscellaneous 
If the Agreement is terminated in accordance with the “Termination” Section above, such termination shall not affect the validity of the following provisions of this Agreement, which shall remain in full force and effect: “Intellectual Property,” “Feedback,” “Disclaimers and Limitation of Liability,” “Indemnification,” “Termination,” “Binding Arbitration,” “Class Action Waiver,” and “Miscellaneous.” These Terms of Use constitute the entire agreement between the parties, and supersede all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and Shepard Meadows. The section headings in these Terms of Use are for convenience only and must not be given any legal import. In the event that any portion of these Terms of Use is held to be invalid or unenforceable, such portion shall be construed in accordance with the applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of these Terms of Use shall remain in full force and effect. You may not assign these Terms of Use. No waiver shall be effective unless in writing. Neither the course of conduct between parties nor trade practice shall act to modify any provision of these Terms of Use. These Terms of Use shall be governed by and construed in accordance with the laws of the State of Connecticut. Except for proceedings commenced by Shepard Meadows to protect its intellectual property or confidential information which may be brought in any court of competent jurisdiction, the parties mutually agree that any and all disputes arising hereunder shall be resolved exclusively by state or federal courts located in the State of Connecticut and each party hereby irrevocably submits to the exclusive jurisdiction of such courts in any suits, actions, or proceedings arising out of or relating to this Agreement. 

Copyright 2024 Shepard Meadows. All rights reserved. 
 

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