WELCOME TO THE U ROCK 'N RIDE WEBSITE!
The U Rock 'n Ride website (the "Website") is the go-to destination for everything horse related; a place where knowledge is shared, friends hang-out and ideas are born -- all with a rock 'n roll attitude. The Website is owned and operated by U Rock 'n Ride, LLC, a Wisconsin Limited Liability Company, with a principle office in Hudson, Wisconsin. U Rock 'n Ride, LLC maintains this Website for your personal information, education and entertainment. Although U Rock 'n Ride would prefer to simply get to the good stuff, our attorney has insisted that we include the following information. Please excuse the necessary legalese.
Please read these Terms of Use carefully as they apply to your use of the Website. The Terms of Use contains important information regarding your legal rights, remedies and obligations. These include various limitations and exclusions, and a provision that governs how any dispute will be resolved.
By using the Website, you agree to be bound by these Terms of Use, which form a legally binding agreement between you and U Rock 'n Ride. If you do not want to be bound by these Terms of Use, please do not continue to use this website.
We may amend these Terms of Use at any time by updating this web page. Your continued use of the Website is considered to be acceptance of the amended Terms of Use. It is therefore recommended that you visit this page periodically.
LIMITED GRANT OF RIGHTS
By posting communications on or through the Website, including but not limited to any video, interview, photograph, written text or any other content, you automatically grant U Rock 'n Ride a royalty-free, perpetual, worldwide, irrevocable, exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology, whether now existing or hereafter developed, including but not limited to digital media, web, video/DVD, electronic conveyance, print publications, television (broadcast, cable, satellite), and/or film, and to sublicense such rights through multiple tiers of sub-licensees.
COPYRIGHTS AND TRADEMARKS
We authorize you to view and download the materials on this Website only for your personal and non-commercial use, provided that you retain all copyright, trademark, and other proprietary notices contained in the original materials on any copies you make of the materials. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products, or services obtained from this Website. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials in this Website are copyrighted and contain our trademarks, and any unauthorized use of any materials at this Website may violate applicable copyright, trademark, and other laws. If you breach any of these Terms of Use, your authorization to use this Website may be terminated.
YOUR CONDUCT
As a user of this Website, your are subject to all applicable local, state, federal, and international laws and regulations, and shall not intentionally or unintentionally violate any such applicable law or regulation.
Harassment in any manner or form on this Website, including via email or chat, or by obscene or abusive language is strictly forbidden. Impersonation of others, including a U Rock 'n Ride employee, host, or representative, or other members or visitors on this Website is prohibited. You may not upload to, distribute, or otherwise publish through this Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, or which may constitute or encourage a criminal offense, violate the rights of any party or otherwise give rise to liability or violate any law. You may not upload commercial content on this Website or use the Website to solicit others to join or become members of any other group, commercial online service or organization.
USER PARTICIPATION
U Rock 'n Ride cannot review all communications and materials posted to or created by users accessing this Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user generated content on this Website, U Rock'n Ride is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any content or activities on the Website. However, U Rock 'n Ride reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of copyright, trademark, or other intellectual property rights of another, (d) violates any law or regulation, or (e) offensive, or otherwise unacceptable to U Rock'n Ride.
The determination of whether there has been a violation of these terms and conditions is at the sole discretion of U Rock 'n Ride.
USER SUBMISSIONS
Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information, or communication you transmit, upload, or post to this Website ("Communications"), will be considered non-confidential and non-proprietary. U Rock 'n Ride will have no obligations with respect to the Communications. U Rock 'n Ride and its designees will be free to copy, disclose, distribute, incorporate, and otherwise use the Communications and all data, images, sound, text, and other things embodied therein for any and all commercial and noncommercial purposes.
USER CHAT ROOMS
U Rock 'n Ride may, but is not obligated to, monitor or review any areas on this Website where users transmit or post Communications or communicate solely with each other, including but not limited to chat rooms, bulletin boards or other user forums, and the content of any such Communications. U Rock 'n Ride, however, will have no liability related to the content of any such Communications, whether or not arising under the laws of copyright, trademarks, libel, privacy, obscenity, or otherwise.
LINKS FROM THIS WEBSITE
Links to other websites are not endorsements of the content of those websites. U Rock 'n Ride is not responsible for the content of linked sites. U Rock 'n Ride makes no representations as to the content or accuracy of linked websites. Accessing linked websites is done at your own risk and is subject to the linked website's Term of Use.
PRIVACY STATEMENT
We care about the privacy of our users. You acknowledge that you have read U Rock 'n Ride's Privacy Policy.
DISCLAIMER OF WARRANTIES
U Rock 'n Ride makes no warranties or representations about the accuracy or completeness of this Website's content or the content of any other site.
This Website and the materials, information, services, and products in this Website, including, without limitation, text, graphics, and links, are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, U Rock 'n Ride disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose, non-infringement, freedom from computer virus, and warranties arising from course of dealing or course of performance. U Rock 'n Ride does not represent or warrant that the functions contained in this Website will be uninterrupted or error-free, that defects will be corrected, or that this Website or the server that makes this Website available are free of viruses or other harmful components. U Rock 'n Ride does not make any warranties or representations regarding the use of the materials in this site in terms of their completeness, correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. The above limitations may not apply to you.
EQUINE ACTIVITY LIABILITY
By using the information on this Website, you agree to assume the risk of your own horse-related activities. You understand and acknowledge that horse riding, training, and/or handling is a high-risk activity, sport, and/or endeavor, and you are participating in, and using the information from this Website, at your own risk.
Further, you understand and acknowledge that any information provided on this Website is only general in nature. Due to the constraints of this mode of communication (i.e., via the internet), it is not possible for U Rock 'n Ride, LLC (or any of its directors, officers, employees or agents), or this Website, to make any kind of determination as to your ability to engage safely in any horse-related activities and no attempt can or will be made to do so. If you are unsure of your own ability to engage safely in a horse-related activity, or in your ability to safely use any of the information on this Website, then you should seek further assistance in your own locality.
Notice: A person who is engaged for compensation in the rental of equines or equine equipment or tack or in the instruction of a person in the riding or driving of an equine or in being a passenger upon an equine is not liable for the injury or death of a person involved in equine activities resulting from the inherent risks of equine activities, as defined in section 895.481(1)(e) of the Wisconsin Statutes.
LIMITATION OF LIABILITY
In no event shall U Rock 'n Ride, or any of its directors, officers, employees or agents, be liable for any direct, indirect, special, punitive, incidental, exemplary, or consequential damages, or any damages whatsoever, even if U Rock 'n Ride has been previously advised of the possibility of such damages, whether in an action under contract, negligence, or any other theory, arising out of or in connection with the use, inability to use, or performance of the information, services, products, and materials available from this Website. These limitations shall apply not withstanding any failures of essential purpose of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
GOVERNING LAW
These Terms of Use and your use of this Website are governed by the laws of the State of Wisconsin, without respect to conflict of laws principles. With respect to any disputes or claims not subject to arbitration (as set forth below), you agree not to commence or prosecute any action in connection therewith other than in the state or federal courts of Wisconsin, and you hereby consent to, and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to, venue and jurisdiction in the state and federal courts of Wisconsin.
ARBITRATION
By using this Website, you agree that U Rock 'n Ride, at its sole discretion, may require you to submit any disputes arising from the use of this Website, or these Terms of Use, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance, or termination, as well disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the American Arbitration Association's Commercial Arbitration Rules, and in the case of consumer disputes, under the American Arbitration Association's Supplementary Procedures for Consumer Related Disputes, by one or more arbitrators appointed in accordance with the aforementioned rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section.
Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s), shall have no authority to award punitive, consequential, or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless, U Rock 'n Ride, its officers, directors, employees, agents, licensors, and suppliers, from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use or any activity related to your internet account (including negligent or wrongful conduct), by you or any other person accessing this Website using your internet account.
TERM; TERMINATION
These Terms of Use are applicable to you upon your accessing this Website and/or completing the registration or shopping process. These Terms of Use, or any of them, may be modified or terminated by U Rock 'n Ride without notice at any time for any reason. The provisions relating to Copyrights and Trademarks, Disclaimer of Warranties, Limitation of Liability, Indemnification, Governing Laws, Arbitration, and Limited Grant of Rights, shall survive any termination.
PARTIAL INVALIDITY
In the event that any provision of these Terms of Use is held to be invalid, the invalidity shall not affect the validity of the remainder of the Terms of Use.
NO WAIVER
A waiver of any of these Terms of Use shall not be considered a further waiver of any other term or condition.
CONTACT
If you become aware of any information in this Website that violates these terms and conditions, please cut and paste the relevant content into our Contact Us form, reference the member's user name that posted the information, and hit send. U Rock 'n Ride cannot guarantee that any action will be taken as a result of your email but we investigage every inquiry thoroughly.
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