Terms of Use

Terms of Use

1. Agreement

The Pinehill Equestrian Centre (hereinafter referred to as “us”, “we” or “Pinehill”) welcomes you to our website (the “Site”). 

By accessing and using the Site, you (the "User") signify that you have read, fully understand and agree to be legally bound by these Terms of Use ("Terms of Use" or "Agreement") and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH ALL OF THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. We suggest you print a copy of these Terms of Use for your records.

We reserve the right, in our sole discretion, to change, add, or delete portions of these Terms of Use at any time without further notice or liability to you. If we do this, we will post the changes to these Terms of Use on the Site and will indicate at the top of this page the date these Terms of Use were last revised. Your continued use of the Site after any such changes constitutes your acceptance of the new Terms of Use. It is your responsibility to regularly check the Site to determine if there have been any changes to these Terms of Use and to review such changes. 

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice to you, and that we will not be responsible or liable, directly or indirectly, to you or any other person for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.


2. User Code of Conduct

Portions of the Site may permit Users to upload, post or otherwise transmit content (the “User Content”).

a. You hereby agree that you shall not use the Site to upload, post, communicate or otherwise transmit through, or to, the Site any User Content that:

i. is defamatory, trade libelous, pornographic or obscene;
ii. contains, depicts, includes, discusses or involves, without limitation, any of the following:

o    Nudity;

o    Explicit, graphic or excessive sexual activity;

o    Crude, vulgar or offensive language and/or symbols;

o    Derogatory characterizations of any ethnic, racial, sexual or religious groups;

o    Content that endorses, condones or discusses any illegal, inappropriate or risky activity, behaviour or conduct;

o    Personal information of individuals, including without limitation, names and addresses (physical or e-mail);

o    Conduct or other activities in violation of these Terms of Use;

o    Commercial messages, comparisons or solicitations for products or services (other than those of (Pinehill);

o    Any identifiable third party services, products and/or trade-marks, brands or logos; and

o    Any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by us in our sole discretion.

iii. contains any reference to or likeness of any third parties, unless consent has been obtained from all such individuals (NOTE: if content contains reference to or likeness of any third parties who are under the age of majority in their jurisdiction of residence, then consent must also be obtained from any such persons parent or legal guardian);

iv. is disparaging or might be seen to be disparaging to Pinehill or its services;

v. infringes or might infringe the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever; or

vi. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and

b. Further, you hereby agree that you shall not use the Site to:

i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;

ii. collect information about others without their consent; and

iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.


3. Intellectual Property Rights (Re: Site Content)

The Site consists of various graphics, texts, icons and buttons that have been provided by Pinehill and/or others (e.g., site designers). All such content is owned by Pinehill and/or the applicable third party.

For greater certainty, Pinehill, and applicable third parties, hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Content”). You hereby acknowledge that the Content is protected by copyright, trade-mark, and other applicable intellectual property laws.

Your use of the Site does not grant or transfer to you any ownership or other rights in the Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of Pinehill or any third party’s intellectual property rights, including, without limitation, any right to copy, download, display, reproduce, distribute, modify, edit, alter or enhance any of the Content in any manner. Any rights not expressly granted to you in the Terms of Use are reserved by Pinehill. 


4. License Granted to Pinehill (Re: User Content) 

Portions of the Site may permit Users to upload, post or otherwise transmit content that you have created. By using the Site, you are giving Pinehill permission to forever use any content you submit that relates to Pinehill (e.g., a blog about Pinehill or its services). 

You hereby grant to Pinehill a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to use, copy, reproduce, adapt, transmit, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that is in any way related to Pinehill that you post on, upload or otherwise submit to, the Site.


5. User Waivers and Representations (Re: User Content)

You hereby acknowledge, agree, warrant and represent to Pinehill that any and all User Content (in any format or media) you post on, upload to or otherwise submit to, the Site, is:

a. is original to you and that you have all necessary rights in and to the User Content and all of its components (if applicable) to post, upload, or otherwise submit it to the Site; and

b. is compliant with the WOMMA Ethical Blogger Contact Guidelines (available at: http://www.womma.org/).

6. Indemnification by User

You hereby agree to indemnify, defend and hold harmless Pinehill and its owners, affiliates, business partners, directors, officers, employee and agents from any loss, liability, claim, demand, damage or expense asserted by any third party relating in any way to your use of the Site or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other intellectual property related cause of action.

7. Notice of Infringing User Content

Pinehill does not generally screen or edit User Content, but reserve the right, in their sole discretion, to modify, edit or remove any User Content, or to request a User to modify or edit his or her User Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason. To complain about User Content and/or to provide notice of allegedly infringing materials on the Site, please contact us at:

Pinehill Equestrian Centre

155 Leslie Road,

Lawrencetown, HRM

B2Z 1P8

 

(902) 827-5006


8. Disclaimer and Limitation of Liability

THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. 

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, PINEHILL MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (II) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE SITE, INCLUDING THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; OR (V) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON. 

PINEHILL WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT PINEHILL HAS ENTERED INTO THIS AGREEMENT WITH YOU, AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND PINEHILL. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT. 


9. Electronic Transmissions

The transmission of data or information over the Internet or other forms of networks is not secure, and is subject to possible loss, interception or alteration while in transit. We do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the Internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). In no event will the information you provide through or to the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent.


10. Privacy

Use of the Site is subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use. Please carefully review our Privacy Policy. By using the Site, you agree to be bound by the terms of our Privacy Policy. 


11. Trade-Marks

Without limitation, identifying marks of Pinehill are and shall remain the trade-marks and trade-names and exclusive property of Pinehill, and any use of such marks, other than use on the Site in relation to User Content, without our prior written consent is strictly prohibited. Other trade-marks that may appear on the Site are the property of their respective owners.


12. Governing Law and Jurisdiction

These Terms of Use, your use of the Site, and all related matters shall be governed solely by the laws of the Province of Nova Scotia, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Nova Scotia in the Halifax Regional Municipality in relation to all disputes arising from or related to this Agreement, your use of the Site and any related matters. 


13. Termination

If you breach any provision of these Terms of Use, you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other person. If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.


14. General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. 

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

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Contact

Address

155 Leslie Rd, East Lawrencetown, NS B2Z 1P8, Canada

(902) 827-5006

©2017 BY PINEHILL EQUESTRIAN CENTRE.