OVERVIEW
This website is operated by Equine Spritz. Throughout the site, the terms “we”, “us” and “our” refer to Equine Spritz and the website breederspavilion.com. Equine Spritz offers this website(breederspavilion.com) including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting our site and/ or purchasing products from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.
Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Terms of service for using the website and services/products offered by Us on breederspavilion.com:
SECTION 1 – PURCHASE AGREEMENT
By purchasing a product or service from breederspavilion.com, you are proceeding in agreement with the terms of service listed below, which is considered a legally binding contract with Us. If you do not agree with the Terms of Service listed here, do not use our website or purchase any of our products and/or services.
This agreement contains a binding arbitration agreement that affects your right to litigation and your ability to sue under this agreement with respect to products, services and other purchases that you may make using the website breederspavilion.com. Any dispute, legal or otherwise, that may arise between you and breederspavilion.com shall be arbitrated. In the proceedings of arbitration, there is no right to a jury trial or to have a judge decide your case.
This agreement also contains indemnification, release and hold harmless provision under addendum A, available by hyperlink at the bottom of this Terms of Service, requiring you to indemnify and hold harmless breederspavilion.com for any and all damages resulting from or relating to your use of breederspavilion.com, including claims brought against breederspavilion.com by third parties to whom you cause delivery of any product or service offered by Equine Spritz on the breederspavilion.com website. Under this provision you will agree to be responsible for any damage resulting from your use of Equine Spritz, our website breederspavilion.com, our services and products listed, our services and products listed in the future.
You cannot make modifications to this agreement and the terms are not available for negotiation. By using Our website, service and products, you accept and subscribe to the Terms of Service listed.
Our store is hosted on WooCommerce. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
SECTION 2 – ONLINE STORE TERMS AND GENERAL CONDITIONS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. If not, it’s your responsibility to make us aware of any minor under the age of 16 that is using our products or services without your consent.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
SECTION 4 – MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
SECTION 5 – PRODUCTS OR SERVICES (if applicable)
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. We have made every effort to display as accurately as possible the packaging, colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.
SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. For more detail, please review our Returns Policy.
SECTION 7 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.
SECTION 8 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties. We are not liable for any harm or damages related to the purchase or use of products, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
SECTION 9 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
SECTION 10 – PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy.
SECTION 11 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order). We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 12 – PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service, cancel your order with a refund or limit your use of related website for violating any of the prohibited uses.
SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our products and/or service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall Prime Marques LLC, DBA Equine Spritz , our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
SECTION 14 – INDEMNIFICATION
You agree to indemnify, defend and hold harmless Equine Spritz and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
SECTION 15 – SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.
SECTION 16 – TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).
SECTION 17 – ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.
SECTION 18 – GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.
SECTION 19 – CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.
SECTION 20 – CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at breederspavilion.com.
INDEMNIFICATION, RELEASE, AND HOLD HARMLESS.
By using Equine Spritz and the website breederspavilion.com, along with all services and products offered through our business and website, you agree to the following:
A. In the event a claim or suit is filed by the Recipient or any third party as a result of the receipt of a Product directed by You to be delivered by Us, You will indemnify Us for any resulting judgment, settlement or award issued against Us as a result of Your use of the Services or the Products. This provision applies regardless of whether You or We are negligent in provision of the Products or Services. We may, in our sole discretion, settle any and all matters out of court for any amount We deem reasonably necessary. YOU AGREE TO REIMBURSE US FOR ANY AND ALL AMOUNTS PAID IN SETTLEMENT OR IN SATISFACTION OF A JUDGMENT, WHETHER HANDED DOWN BY A COURT OR ABITRATOR, ALONG WITH ANY AND ALL ATTORNEY FEES, COSTS, AND EXPENSES ASSOCIATED WITH PROCURING THE SETTLEMENT.
B. In Our sole discretion, We may elect to employ counsel to defend Us against any claims made by a Recipient or any third party as a result of the receipt of a Product directed by You to be delivered by Us, whether or not suit is filed. In the event we employ counsel for any purpose associated with Your use of the Product or Services, You agree to pay any and all attorney fees and costs actually incurred by Us associated with such purpose.
C. YOU AGREE TO INDEMNIFY, HOLD US HARMLESS, AND TO DEFEND US AGAINST ANY AND ALL CLAIMS MADE AGAINST US FOR YOUR USE OF THE PRODUCTS OR SERVICES. THIS MEANS THAT YOU WILL BE RESPONSIBLE FOR PAYMENT OF ALL COSTS OF DEFENDING ANY LAWSUIT OR ARBITRATION PROCEEDING, INCLUDING ATTORNEY FEES AND EXPENSES, AND YOU WILL BE RESPONSIBLE FOR PAYMENT OF ANY AND ALL AWARDS ISSUED AGAINST US IN FAVOR OF ANY RECIPIENT OR THIRD PARTY TO WHOM YOU DIRECTED PRODUCTS TO BE SENT.
D. YOU ALSO RELEASE, HOLD HARMLESS, AND INDEMNIFY US FOR ANY CLAIM OR LIABILITY RESULTING FROM YOUR FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION PROVIDED TO US WHICH YOU HAVE REPRESENTED TO BE ACCURATE. THIS PROVISION INCLUDES LIABILITIES RESULTING FROM VIOLATION OF THE TELEPHONE CONSUMER PROTECTION ACT (47 U.S.C. §227) AND ANY AND ALL REGULATIONS PROMULGATED THEREUNDER RESULTING FROM OUR EFFORTS TO CONTACT YOU AT THE INFORMATION YOU HAVE PROVIDED.
E. YOU RELEASE US FROM ANY AND ALL CLAIMS BROUGHT AGAINST YOU BY THE RECIPIENT OR ANY THIRD PARTY AS A RESULT OF YOUR USE OF THE SERVICES OR THE PRODUCTS WE OFFER FOR SALE THROUGH OUR WEBSITE, PARTNER WEBSITES, ONLINE MARKETPLACES AND BRICK AND MORTAR STORES. YOU UNDERSTAND THAT THERE IS A RISK THAT SUIT MAY BE FILED AGAINST YOU OR US, AND THAT YOU, ALONE, ARE RESPONSIBLE FOR PROTECTING US AND YOU FROM ANY AND ALL CLAIMS. While We reserve the right to employ counsel of Our choice, it will be Your responsibility to reimburse Us for the attorney fees, costs, and expenses We actually incur in association with any such claim.
F. FLORIDA RESIDENTS: You agree that the use of the Services and the Products are Your own acts. In the event the delivery of the Products or use of the Services is deemed to be a “wrongful act” under Florida law, You agree that such delivery of the Products or use of the Services shall be considered Your acts and not Our acts.
G. KENTUCKY RESIDENTS: You understand and acknowledge that You are hereby indemnifying Us for any and all acts committed by Us pursuant to Your use of the Services and/or Products. As such, You agree to indemnify Us, even if We are found to be negligent or to have engaged in any other unintentional tortious behavior, against any and all claims and causes of actions filed against Us by any third party.
H. MONTANA RESIDENTS: You agree to indemnify Us for any and all acts performed by Us, other than unlawful acts known by Us to be unlawful at the time such acts are performed by Us, in conjunction with your use of the Services and/or the Products.
I. NEBRASKA, NEVADA, and NEW YORK RESIDENTS: You agree to indemnify us for Our own negligence or other unintentional tortious conduct in Our performance of any of the Services or provision or delivery of any of the Products.
VI. BINDING ARBITRATION AND CLASS ACTION WAIVER. Any and all disputes between YOU and US must be resolved through individual arbitration. BY AGREEING TO THESE TERMS OF USE, YOU HEREBY WAIVE ANY RIGHT TO FILE SUIT AGAINST US ON A CLASS ACTION BASIS. YOU ACKNOWLEDGE THAT ANY DISPUTE MUST BE SUBMITTED TO BINDING ARBITRATION PURSUANT TO THE COMMERCIAL ARBITRATION RULES OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA”). YOU FURTHER WAIVE YOUR RIGHT TO ACT AS A CLASS MEMBER OR CLASS REPRESENTATIVE IN ANY CLASS ACTION FILED AGAINST US. Subject to the following exceptions, all disputes arising from the relationship between You and Us shall be arbitrable, including disputes relating to the scope, validity, or enforceability of this Arbitration Agreement. We, however, reserve the right to file in a court of competent jurisdiction a declaratory action seeking declaratory relief under these Terms of Service, including for the interpretation of this Arbitration provision. Exceptions to this Arbitration Agreement are claims arising under the regulations of any federal, state, or local regulatory authority which, pursuant to such federal, state, or local regulatory entity’s rules, are required to be tried before such regulatory entity. The fees and costs associated with the Arbitration shall be paid by the non-prevailing party.
VII. OPTING OUT OF ARBITRATION. YOU HAVE A RIGHT TO OPT OUT OF THIS ARBITRATION AGREEMENT by contacting Us within two (2) days of your acceptance of these Terms of Service through the purchase of one of our products or services. To effectively opt out of this Arbitration Agreement, the following information must be sent to breederspavilion.com: (1) your name, address, telephone number, and email address; (2) the following statement: “I, the undersigned, wish to opt out of the Arbitration Agreement set forth in Addendum A of the Terms of Service for breederspavilion.com”; (3) the exact date of your purchase; and (4) the number of the credit card with which you paid. Mere substantial compliance with this Section shall be considered unacceptable and will render your opt-out null and void. YOU MUST COMPLY SPECIFICALLY WITH EACH OF THE FOREGOING REQUIREMENTS IN ORDER TO EFFECTUATE YOUR OPT-OUT OF THE ARBITRATION PROVISION. CREDIT CARD INFORMATION. Your credit card information will be held on file until the completion of the transaction for which such information is entered into Our website. This information may be disclosed to third parties solely for the purpose of securing credit card payments through electronic means. Third parties to whom Your credit card information is sent
have their own privacy practices, and the identities of such third parties will be provided to you upon written request sent to giddyap@breederspavilion.com.
IX. PRIVACY POLICY AND WEBSITE. Our Privacy Policy can be found at breederspavilion.com/privacy-policy/. If there is an inconsistency between these Terms of Service and Our Privacy Policy or any information set forth on our website, the terms of these Terms of Service shall control. To the extent possible, the provisions of Our Privacy Policy, these Terms of Service, and information provided on Our website shall be read to be consistent with one another. If an inconsistency gives rise to the need to strike any provision of these Terms of Service, Our Privacy Policy, or the information set forth on our website, the information that should be stricken should be stricken first from the information set forth on our website, then from Our Privacy Policy, then from these Terms of Service. NOTWITHSTANDING OUR PRIVACY POLICY, OR ANY PROVISION THEREOF, WE RESERVE THE RIGHT TO RELEASE YOUR NAME, ADDRESS, TELEPHONE NUMBER, AND EMAIL ADDRESS, AS WELL AS THESE TERMS OF SERVICE, TO A RECIPIENT OR THIRD PARTY IF THE RECIPIENT OR THIRD PARTY MAKES A COMPLAINT TO OR AGAINST US, WHETHER OR NOT FILED IN COURT OR ARBITRATION PROCEEDING. WE FURTHER RESERVE THE RIGHT TO RELEASE YOUR INFORMATION TO A RECIPIENT OR ANY THIRD PARTY, INCLUDING LAW ENFORCEMENT, IF WE HAVE DETERMINED, IN OUR SOLE AND ABSOLUTE DISCRETION, THAT YOUR USE OF THE PRODUCTS OR SERVICES IS IMMORAL, ILLEGAL, VIOLATES A PROTECTIVE OR RESTRAINING ORDER, OR IS INTENDED IN ANY WAY TO CAUSE HARM TO A RECIPIENT OR THIRD PARTY.
X. BINDING AGREEMENT: The terms expressed herein shall inure to the benefit of and apply to all parent, subsidiary, and affiliated companies of Us, as well as to any company with which We may contract to provide any of Our Products or Services. You may not assign Your rights under this Agreement.
XI. ENTIRE AGREEMENT: These Terms of Service constitute the entire agreement and understanding between You and Us with respect to the subject matter hereof, and supersedes all other agreements, understandings, representations, warranties, promises, conditions, or statements, whether express or implied, written or oral.
XII. WAIVER OF JURY TRIAL. YOU AND WE AGREE TO WAIVE OUR RIGHTS TO TRIAL BY JURY, REGARDLESS OF WHETHER A CLAIM IS FILED IN ARBITRATION OR IN COURT. XIII. PROTECTION OF MARKS AND INFORMATION; LIQUIDATED DAMAGES. All the Services, the Products, the information set forth on Our website, marks, fonts, drawings, materials, and documents (including these Terms of Service) (collectively, “the Protected Property”) are or may be protected by copyright, trademark, patent, or other intellectual property law. The Protected Property is Ours, not Yours, and You hereby waive any right to benefit, pecuniarily or otherwise, in any way from the Protected Property. If you benefit in any way from the Protected Property, you agree to liquidated damages in the amount of Ten Thousand Dollars
($10,000), or the actual amount of the pecuniary gain, whichever is greater. Nothing in these Terms of Service shall give You the right to reproduce for any purpose any of the Protected Property.
XIV. OUR RIGHTS IN LAW AND EQUITY. These Terms of Service shall not be in any way construed in a manner that would have the effect of limiting our rights and remedies available in law or equity.
XV. GOVERNING LAW AND VENUE. This Agreement shall be governed by Texas law without regard to its choice of law or conflicts of law rules. Venue for any dispute related to or arising out of this Agreement shall be in a state court located in Williamson County, Texas.
XVI. SEVERABILITY: The covenants and acknowledgements contained in these Terms of Service shall be construed as separate and independent and this Agreement shall not be construed against either You or Us. If any term or provision of these Terms of Service shall to any extent be held to be invalid, illegal, or unenforceable, the remainder of these Terms of Service shall not be affected thereby and shall be valid, legal, and enforceable to the fullest extent permitted by law.
XVII. WAIVER: Neither You, nor We, shall be deemed to have waived compliance by the other of any provision of these Terms of Service, unless the waiver is contained in a written instrument signed by the waiving party. Our failure to enforce at any time any of the provisions of these Terms of Service or to exercise any right contained in these Terms of Service shall not be construed to be a waiver of such provisions, nor shall Our failure to enforce a similar right against another party constitute a waiver against You.
XVIII. COMPLAINTS. If you have trouble with the Services or the Products, You may contact Us at giddyap@breederspavilion.com with your concerns and Complaints.
XVIII. MODIFICATIONS TO PRICES, SERVICES, OR PRODUCTS. We reserve the right, at any time and in our sole and absolute discretion, before or after You have ordered a Product or Service, to change, cancel, or modify the Services or Products. In the event you have already ordered a Service or Product, You will be given the option of applying the purchase price of such Service or Product to the purchase of a different Service or Product or a refund of the full amount paid for the Service or Product, less a Five Dollar ($5.00) cancellation fee. The modifications set forth herein shall also include the right to change the following with respect to the information contained on our website, these Terms of Service, and Our Privacy Policy: typographical errors, omissions, inaccuracies, pricing, promotions, shipping charges, or any other information set forth in these Terms of Service, Our Privacy Policy, or Our website reasonably deemed by us to be erroneous. We reserve the right to refuse the Services or Products to You without prior notice. We will not refuse the Services or Products on the basis of your sex, gender, race, religion, national origin, or disability.
XIX. TERMINATION. These Terms of Service shall survive Your use of the Product or Services or Our website breederspavilion.com. Neither You, nor We, may terminate these Terms of Service. These Terms of Service become effective upon Your use of the Product or Service and are non-negotiable.
XX. COMMUNICATIONS. All communications contemplated hereby will be directed to You through the information You have provided in securing the Services or Products. You may contact Us for any reason contemplated by these Terms of Service.