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Terms and Conditions of Use of Public Portions of the Horsesmouth Site
Horsesmouth, LLC. ("Horsesmouth") maintains this site (the "Site") for your personal information, education, and communication. Please read this document carefully and refer to it as often as necessary.
Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing the Site, you accept, without limitation or qualification, the Terms and Conditions and acknowledge that any other agreements between you and Horsesmouth are superseded and of no further force or effect. Horsesmouth may at any time revise these Terms and Conditions. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound. Your continued use of the Horsesmouth Site following notice of any such revision shall be conclusively deemed acceptance of all such revisions.
1. You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided in these Terms and Conditions or in the text on the Site without the written permission of Horsesmouth. Horsesmouth neither warrants nor represents that your use of materials displayed on the Site will not infringe rights of third parties not owned by or affiliated with Horsesmouth.
2. You acknowledge that the Horsesmouth Site contains content that is generally licensed to Horsesmouth by independent content providers. You must evaluate and bear the risk associated with the accuracy, completeness or usefulness of such content. Horsesmouth makes no warranties or representations as to its accuracy, completeness or usefulness. Horsesmouth assumes no liability or responsibility for any errors or omissions in the content of the Site.
3. Your use of the Site is at your risk. Neither Horsesmouth nor any other party involved in creating, producing, or delivering the Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the Site. Without limiting the foregoing, everything on the Site is provided to you "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. Please note that some jurisdictions may not allow the exclusion of implied warranties, so some of the above exclusions may not apply to you. Check your local laws for any restrictions or limitations regarding the exclusion of implied warranties. Horsesmouth also assumes no responsibility, and shall not be liable for, any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or downloading of any materials, data, text, images, video, or audio from the Site.
4. Upon request of Horsesmouth, you agree to defend, indemnify and hold harmless Horsesmouth and its affiliates and their respective directors, officers and managers, from any and all liabilities, claims and expenses, including attorney's fees, arising from your breach of these Terms and Conditions. Horsesmouth reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you will have no further obligation to provide indemnification for such matter.
5. While Horsesmouth appreciates your comments, we cannot guarantee that we will respond to your messages. Furthermore, any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, nonconfidential and non-proprietary. Anything you transmit or post may be used by Horsesmouth or its affiliates for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, Horsesmouth is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to the Site for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products using such information.
6. Images of people, places or objects displayed on the Site are either the property of, or used with permission by, Horsesmouth. The use of these images by you, or anyone else authorized by you, is prohibited unless specifically permitted by these Terms and Conditions or specific permission provided elsewhere on the Site. Any unauthorized use of the images may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.
7. The trademarks, logos, and service marks (collectively the "Trademarks") displayed on the Site, are registered and unregistered Trademarks of Horsesmouth and others. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of Horsesmouth or such third party that may own the Trademarks displayed on the Site. Your misuse of the Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that Horsesmouth will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
8. Horsesmouth has not reviewed all of the sites linked to the Site and is not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to any other off-site pages or other sites is at your own risk.
9. Although Horsesmouth may from time to time monitor or review discussions, chats, postings, transmissions, bulletin boards, and the like on the Site, Horsesmouth is under no obligation to do so and assumes no responsibility or liability arising from the content of any such locations nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Site. You are prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Horsesmouth will fully cooperate with any law enforcement authorities or court order requesting or directing Horsesmouth to disclose the identity of anyone posting any such information or materials. Furthermore, Horsesmouth reserves the right (but is not obligated) to delete, move or edit postings that it, in its sole discretion, deems threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane or in violation of copyright or trademark laws, or otherwise inappropriate.
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