End-User Website Usage Terms & Conditions
IMPORTANT: By using or accessing the americanequus.com website and the information, material, products, and/or services provided therein by American Equus., you agree to be legally bound by the terms and conditions of this legally binding agreement.
If you do not agree with the terms and conditions of this Agreement, do not use or access the americanequus.com web site or information, material, products or services provided therein. This Agreement is between you and American Equus and is effective at the date of your first use or access of the americanequus.com web site.
Ownership of Content and Intellectual Property Protection.
You acknowledge and agree that any and all information, material, products and services, including photography, data, databases, graphics, text, images, files, software, interfaces, web pages, product names, company names, trademarks, logos and trade names contained on the www.americanequus.com website (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of American Equus, as indicated.
Content found on the www.americanequus.com web site is protected under patent, copyright, trademark, proprietary or other intellectual property laws of The United States of America, Phoenix Arizona, and other applicable jurisdictions, and any unauthorized use of such Content may violate such laws or this Agreement. Except as expressly provided herein, no license under any patents, copyright, trademark, proprietary or other intellectual property right is granted or implied by granting access to the Content.
Content may be provided by a third party. American Equus offers no guarantees and assumes no responsibility or liability of any type with respect to Third Party Content, including any liability resulting from incompatibility between Third Party Content and Content provided by American Equus. You agree that you will not hold American Equus responsible or liable with respect to Third Party Content or seek to do so.
Disclaimer of Warranties
All Content is provided “as is” without any warranties of any kind. You understand and agree that the use of the Content is at your sole risk.
American Equus makes no representations with respect to any content, including products, services and software and, to the maximum extent allowed by applicable law, disclaims all representations, warranties, guarantees and conditions of any kind, express and implied, regarding the content (including products, services and software), including without limitation, all representations, warranties, guarantees or conditions regarding accuracy, timeliness, completeness, currentness, availability, effectiveness, non-infringement, security, privacy, title, usefulness, suitability, quality, merchantability or fitness for any particular purpose. Further, American Equus makes no representation, warranty or guarantee that the content (including products, services and software) will be satisfactory to your needs, meet your expectations, or be uninterrupted, timely, accurate, secure or free from errors.
Collection of Information
We collect personally identifiable information, like names, postal addresses, email addresses, etc., when voluntarily submitted by our visitors. The information you provide is used to fulfill your specific request. This information is only used to fulfill your specific request, unless you give us permission to use it in another manner, for example to add you to one of our mailing lists.
The Site may use cookie and tracking technology depending on the features offered. Cookie and tracking technology are useful for gathering information such as browser type and operating system, tracking the number of visitors to the Site, and understanding how visitors use the Site. Cookies can also help customize the Site for visitors. Personal information cannot be collected via cookies and other tracking technology, however, if you previously provided personally identifiable information, cookies may be tied to such information. Aggregate cookie and tracking information may be shared with third parties.
Distribution of Information
We may share information with governmental agencies or other companies assisting us in fraud prevention or investigation. We may do so when: (1) permitted or required by law; or, (2) trying to protect against or prevent actual or potential fraud or unauthorized transactions; or, (3) investigating fraud which has already taken place. The information is not provided to these companies for marketing purposes.
Commitment to Data Security
Your personally identifiable information is kept secure. Only authorized employees, agents and contractors (who have agreed to keep information secure and confidential) have access to this information. All emails and newsletters from this site allow you to opt out of further mailings.
SALES TERMS AND CONDITIONS
These terms and conditions shall apply to all orders or transactions entered into by and between the buyer (“Buyer”) and the seller (“American Equus”). American Equus will accept orders, sell products (as defined below), and do business only on these terms and conditions. These terms and conditions and any American Equus offer to sell accepted by the Buyer, whether in writing or electronically, shall be collectively referred to hereinafter as the “Agreement.” In this Agreement, “Products” shall mean all items being sold by American Equus to Buyer, whether Product, materials, Products to be manufactured and/or delivered, services to be rendered, or any combination thereof. American Equus’s acceptance of Buyer’s order is expressly conditioned on Buyer’s unqualified acceptance of this Agreement. Buyer, upon placing an order for the purchase of Products shall be deemed to have accepted all the terms and conditions of this Agreement without modification. Unless otherwise agreed to in writing signed by American Equus, any term or condition contained in any Buyer purchase order, terms and conditions of purchase, or other form or correspondence that purports to add to or is in any way inconsistent with this Agreement shall be inapplicable and of no force or effect whatsoever. American Equus’s failure to object to provisions contained in the Buyer’s order forms or any other documentation shall not be deemed a waiver of any provision of this Agreement.
- Time of Delivery; Force Majeure. The timeframe quoted by American Equus is a good faith estimate of the expected delivery date for the Products. American Equus shall use commercially reasonable efforts to fill Buyer’s orders within the time stated but in no event shall American Equus be liable for any damages associated with American Equus’s inability to meet any such timeframes or deadlines for any delay in the performance of this Agreement by reason of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, earthquakes, telecommunications outages, acts of God, war, terrorism, governmental action, transportation difficulties, labor difficulties, delays in American Equus’s usual sources of supplies, or without limitation to the foregoing, any other cause which is beyond the reasonable control of American Equus. In the event of any such delay, American Equus’s performance hereunder shall be postponed by such length of time as may be reasonably necessary to compensate for the delay. Acceptance of delivery of goods shall constitute a waiver of all claims for delay.
- Price; Taxes. Unless otherwise stipulated, all prices stated in American Equus’s quotations shall be good only for a period of sixty (60) days from the date of such quotation. Thereafter, the price for Products sold hereunder shall be the American Equus’s price in effect as of the date of order. Prices are stated and payable in U.S. dollars or Euros. Buyer shall be responsible for all federal, state, or local sales, use, import, excise taxes custom duties, and all other government charges applicable to the sale of the Products.
- Shipment; Payments. The Products shall be shipped through American Equus’s operations by method specified by Buyer at time of order. Risk of loss to Products shall pass to Buyer upon delivery of the Products to the carrier at American Equus’s operations for shipment (before loading the Products onboard the carrier’s vehicle). If Buyer has not provided American Equus with shipping instructions for the Products, Buyer hereby authorizes American Equus to make arrangements for shipment at Buyer’s costs and risks. Payment of each invoice is due in advance of shipment. If American Equus grants credit approval, payment of each invoice shall be due, without deduction or setoff, within terms of the credit agreement. Interest will be added to all amounts outstanding more than thirty (30) days after the invoice date at higher rate equal to three (3) times the legal interest rate under the applicable legislation. In the case of payment by credit card, the Buyer’s credit card details will be managed by Paypal’s secure server in conformance with PCI Compliance Standards, and American Equus will not store the Buyer’s credit card information.
- Product Modifications. American Equus may make any change in the way it manufactures or produces any Product if, in American Equus’s sole judgment, such changes are necessary or desirable to improve the safety or performance of such Product. Buyer may not make any changes in the design or specifications for the Product unless American Equus approves of such changes in writing, in which event American Equus may impose additional charges to implement such changes.
- Cancellation. Buyer may not cancel or reduce orders placed with American Equus, except with American Equus’s prior written consent and if Buyer makes payment to American Equus to indemnify it against all loss and damage incurred by American Equus on account of such cancellation or reduction.
- Inspection. Buyer shall inspect all Products within fifteen (15) days after receipt thereof. Buyer’s payment and failure to object in writing within that fifteen days shall constitute final acceptance of the Products and shall act as a waiver of Buyer’s rights to reject the goods unless otherwise agreed by American Equus in writing.
- Retention of Ownership Clause. American Equus retains ownership of the goods sold until actual payment of the entire price in terms of principal, expenses, incidentals and other indemnities.
- LIMITED WARRANTY. In lieu of all other warranties, express or implied, and unless superseded by consumer laws in the country where the Buyer receives the Products, American Equus provides the following Limited Warranty:
American Equus warrants that for 90 days after receipt of shipment the Products will be free of defects in workmanship and materials under normal use as equestrian stirrups and/or boots or American Equus will, at its option, either repair or replace a defective Product at no charge to the Customer for parts or labor for the time period set forth above.
Limitations of and Conditions to the above Warranty: This warranty does not apply: (1) to a Product which has been subjected to misuse, abnormal use of or force or handling, or which has been altered or modified after purchase by Client, or which has not been properly maintained; (2) to damages resulting in whole or part from Force Majeure events, including notably, without limitation, natural disasters, fire, wind, acts of war or nuclear disaster; (3) if American Equus is not notified within 72 hours of discovery of or occurrence of defect for defects discoverable by inspection, and not more than 10 days after purchase.
The above stated warranty is in lieu of all other warranties by American Equus, express or implied, including, without limitation, for merchantability and fitness for a particular purpose except as equestrian stirrups and/or boots. The warranty described herein shall be the sole and exclusive warranty granted and remedy available. Correction of defects, in the manner and for the period of time described herein, shall constitute complete fulfillment of all liabilities and responsibilities of American Equus with respect to the Product, and shall constitute full satisfaction of all claims, whether based on contract, patent or copyright infringement, negligence, strict liability or otherwise.
In no event shall American Equus be liable for any compensatory damages or for any special, incidental, consequential, economic or punitive damages, including, without limitation, damage to person or property caused by any defect in the Product, inconvenience, loss of goodwill, lost profits or revenue, loss of use of the Product, cost of substitute products or modifications, downtime costs, other equipment costs or claims of any party dealing with the Buyer for such damages resulting from the use of the Product, or any other legal theory.
All warranty claims shall be limited to the following procedures: after required timely Buyer notice to American Equus, Buyer shall promptly return the defective Product to American Equus’s operations of origin at Buyer’s expense for American Equus’s determination whether the Product is defective. If the defect claim is covered by this warranty, the repaired or replaced product will be shipped to the Customer by standard freight at American Equus’s expense. If American Equus determines the Product is not defective, shipping and handling to Buyer/Customer will be at Buyer’s expense.
- Indemnification. Buyer shall defend, indemnify and hold American Equus and its officers, directors, shareholders, affiliated companies, employees, agents, and representatives harmless against any claims, losses, damages, liabilities or expenses (including, without limitation, reasonable attorneys’ fees and other costs and expenses of litigation) resulting from or otherwise connected with any of the following: (a) bodily injury, death or property damage caused by Buyer’s or its agent’s acts or omissions with respect to the Products; (b) any design, specification, material or other component supplied or approved by Buyer for the design and manufacture of the Product; (c) any claim or allegation that the Products or their manufacture or design infringes a third-party’s patent, copyright, trade secret, trademark or other proprietary right; and/or (d) any claim for breach of warranty or representation based upon any warranty or representation given or purportedly given by the Buyer, and/or its officers, directors, shareholders, affiliated companies, employees or agents, which is different or in addition to any representations or warranties contained in this Agreement or, in American Equus’s Product documentation.
The Buyer shall subscribe and maintain an insurance policy covering the risk for which it is obliged to provide indemnification under this Agreement. Upon American Equus’s written request, the Buyer shall provide American Equus with certificates of insurance evidencing that insurance fees are paid and the adequate insurance coverage is maintained.
- Buyer Representation Conformity. The Buyer shall not make any representation with regard to the Products which is different from or in addition to any written representation contained in this Agreement or in American Equus’s documentation relating to the Products, as amended from time to time, nor shall it represent that American Equus provides any warranty to users other than the aforementioned Limited Warranty.
- Intellectual Property Rights. American Equus shall retain all intellectual property rights in and to the Products, including, without limitation, any rights under patents as well as any unpatented information such as trade secrets, confidential information, trademarks, trade dress, copyrights, design and know-how. Nothing in the Agreement shall be deemed or construed to be a transfer or license of any of American Equus’s intellectual property. Buyer shall obtain rights to such intellectual property only to the extent that American Equus may grant such requests in writing.
- Confidentiality. Buyer will not publish, publicize or advertise the existence or subject matter of this purchase order. Buyer shall treat as American Equus’s confidential, proprietary property and not use or disclose to others at any time any information regarding American Equus’s plans, programs, processes, products, systems, costs, pricing, equipment, operations or customers. This confidentiality restriction shall not apply to information disclosed by court order if American Equus is given prior notice of that order or to information that became part of the public domain, other than by acts of Buyer in violation of this confidentiality requirement, that has been revealed by American Equus to third parties without restriction or that was in Buyer’s possession prior to the date of this Purchase Order and not subject then to a confidentiality restriction.
- Compliance with Laws. Buyer shall comply with all laws, rules or regulations applicable to the Products and Buyer’s purchase and sale of them.
- Default. If (a) Buyer defaults under this Agreement, or (b) Buyer becomes insolvent or is unable to pay its debts as they mature, files or has filed against it a bankruptcy, insolvency, or similar petition, or (c) American Equus in good faith doubts the ability of Buyer to pay American Equus, then, American Equus may, in addition to all of its other rights and remedies under this Agreement or at law or equity: (i) defer or suspend further shipments or provision of Products until Buyer reestablishes satisfactory credit, (ii) cancel the unshipped or unperformed portion of any order and invoice Buyer for incurred costs and reasonable profit without any liability on the part of American Equus for failure to ship or provide Products, and/or (iii) make shipment of Products to Buyer on a C.O.D. or cash in advance basis. If legal action is required by American Equus to recover monies due from Buyer or to enforce any provision of this Agreement, Buyer shall be liable to American Equus for all of its costs and expenses associated therewith, including American Equus’s actual attorneys’ fees and other costs and expenses of litigation.
- No Waiver. No waiver of this Agreement or any of its provisions is valid unless expressly agreed to in writing signed by American Equus. No waiver by American Equus of any default under this Agreement is a waiver of any other or subsequent default. The failure of American Equus to insist upon strict and timely performance of any term or condition of this Agreement shall not be deemed a waiver of any right or remedy that American Equus may have under this Agreement or at law or equity, and shall not be deemed a waiver of any subsequent default in performance of the terms and conditions of this Agreement.
- Modification. No modification of this Agreement or any of its provisions by Buyer is valid unless expressly agreed to in writing signed by American Equus.
- Severability. If any court of competent jurisdiction determines that any provision of this Agreement is invalid or unenforceable, then such invalidity or unenforceability shall have no effect on the other provisions hereof, which shall remain valid, binding and enforceable and in full force and effect, and such invalid or unenforceable provision shall be construed in a manner so as to give the maximum valid and enforceable effect to the intent of the parties expressed in this Agreement.
- Independent Contractor. In producing, supplying or providing any Products under this Agreement, American Equus shall operate as an independent contractor. The officers, employees and agents of one party shall not be considered officers, employees or agents of the other party for any purpose whatsoever.
- Assignment. Buyer may not assign any of its rights, duties or obligations under this Agreement without American Equus’s prior written consent and notwithstanding any such assignment with consent, Buyer shall remain liable for all Buyer obligations under this Agreement.
- Remedies. Each of the rights and remedies of American Equus under this Agreement is cumulative and in addition to any other or further remedies provided under this Agreement or at law or equity.
- LIMITATION OF ACTIONS. Any action by the Buyer for any loss or damage with respect to this agreement shall be commenced within two (2) years from the date of delivery of the Products, or such claim shall be forever barred.
- Authority of Agents. No agent, employee or representative of American Equus has any authority to bind American Equus to any affirmation, representation or warranty concerning the products sold under this agreement, unless such affirmation, representation, or warranty is specifically made in writing signed by an authorized representative of American Equus.
- Binding Effect. This Agreement shall be binding on and shall inure to the benefit of the parties hereto and their heirs, successors and assigns.
- Governing Law. This Agreement shall be construed and governed under the laws of Arizona and The United States of America, without application of conflict of law principles.
- Jurisdiction. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach or termination thereof, shall be settled exclusively by the US courts, including in case of injunctive relief plurality of defendants or actions in guarantee.
- Electronic Transmission. Electronic transmissions shall be binding on American Equus and Buyer to the same effect as signed document.