Terms of Use

PRAIRIE WIND ENTERPRISES L.L.C.
TERMS OF USE AGREEMENT
(WEB SITE LEGAL TERMS AND DISCLAIMER)

IMPORTANT! YOUR USE OF THIS WEBSITE AND ALL RELATED PAGES (THE “WEBSITE”) IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. YOUR USE OF THIS WEBSITE INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST IMMEDIATELY DISCONTINUE YOUR USE OF THIS WEBSITE.

This is an agreement between you (You) and Prairie Wind Enterprises, L.L.C., d/b/a/ Equine Business Forms (the Company). ”We” and “Us” means both You and the Company. The effective date of this Agreement is when You accept this Agreement in accordance with the procedure set out above. You hereby consent to the exchange of information and documents between Us electronically over the Internet or by e-mail, if to You to at the Email address noted in the agreements, or if to Company at 1600 Genessee, Suite 433, Kansas City, Missouri 64102; and that this electronic Agreement shall be the equivalent of a written paper agreement between Us.

1. OWNERSHIP AND COPYRIGHT

You acknowledge that any and all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on this web site (collectively the “Content”), including the manner in which the Content is presented or appears and all information relating thereto, are the property of the Company and/or its licensors, as the case may be. The Website contains copyrighted material, trademarks, and other proprietary information including, but not limited to, text, software, photos, videos, graphics, music and sound, and the entire contents of the Website is copyrighted under the United States copyright laws. Company owns a copyright in the selection, coordination, arrangement, and enhancement of such contents as well as in any original content. Nothing contained on the Website should be construed as granting, by implication or otherwise, any license or right to use any of the Content without the express written consent of Company or any other party that may own the Content.

2. LIMITED USE

The Company hereby grants to You a personal, non-transferable and non-exclusive license to use the Website as set forth under this Agreement. You may access only the documents that you have purchased through the Website located at www.equinebusinessforms.com and all related pages. Your access to such document(s) is available for a two year period subject to the Stable information you enter. Changes to the Stable or Account information require purchase of new forms to avoid potential copyright infringements. All documents accessed through this website are strictly for your personal use and/or through that of the equine business you've identified in your Account Information. You may not reproduce these documents in any manner other than for your own personal use. Customers are specifically prohibited from using and/or posting forms, or any portion of forms from this site, on any Internet website. Attorneys may use these forms for their personal or equine business transactions but are expressly prohibited from utilizing these forms for third party sales.

Any web-scraping or data mining operations or activities conducted on, or targeted at, the Website are strictly prohibited. Deep linking to the Website is strictly prohibited. You may not sell, reproduce, publish, broadcast, redistribute, adapt, or make derivative works of the Website, directly or indirectly, for any commercial or non-commercial purpose. Your unauthorized use of the Website and/or the Contents may violate the law, including, but not limited to, copyright, trademark or other intellectual property laws. You must retain all copyright, trademark, and other proprietary notices contained in or on the Contents. The use of such Contents on any other website, publication, medium, or in any environment of networked computers is strictly prohibited.

3. COPYRIGHT. The documents and other materials provided to you pursuant to this agreement are protected by law, including but not limited to, United States copyright law and international treaties.

4. LEGAL ADVICE. The materials purchased through this web site are not intended to be viewed as the rendering of legal advice. Users are advised that each state has its own particular laws regarding equine liability. Users are encouraged to seek the advice of licensed attorneys within their state to ensure full legal compliance with that particular state’s laws. The use of these forms does not create any form of attorney client relationship between the Company and User.

5. RESTRICTIONS ON USE

You agree that You will not: (i) distribute the Content for any purpose including without limitation compiling an internal database, redistributing or reproduction of the Content by the press or media or through any commercial network, cable or satellite system; or (ii) create derivative works, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, modify, copy, bundle, sell, sub-license, export, merge, transfer, adapt, loan, rent, lease, assign, share, outsource, host, publish, make available to any person or other business, or otherwise use without authorization, either directly or indirectly, the Content in whole or in part, in any form or by any means whatsoever, be they physical, electronic or otherwise. You shall not permit, allow or do anything that would infringe or otherwise prejudice the proprietary rights of the Company or its licensors or allow any third-party to access the Content. The restrictions set out in this Agreement shall not apply to the limited extent the restrictions are prohibited by applicable law.

6. LICENSE TO USE YOUR INFORMATION

With the exception of personal information, You hereby grant to the Company the perpetual, unlimited, royalty-free, worldwide, nonexclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information or other content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. The Company shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed by the Company in writing or required by law. You represent and warrant that you have the right to grant the license set out above.

7. PERSONAL INFORMATION

Subject to the Company's Privacy Policy, the Company may nonetheless from time to time, but is not obligated to, monitor your use of the web site and collect, store, use and disclose to Company and/or Company sponsors, on a limited basis only, personal information about You for purposes of demographic data collection. You hereby consent to such collection, storage, use and disclosure and waive any right of privacy You may have. YOU MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED BY COMPANY, AND THIRD PARTIES BY CONTACTING THE COMPANY AND REQUESTING SUCH DELETION IN WRITING. However, please note that such deletion will delete your account information and potentially prevent you from further access without establishing a new account at an additional cost to you.

8. LIMITATIONS ON LIABILITY AND DISCLAIMERS

Your use of the Website is at your sole risk. You assume full responsibility and risk of loss resulting from the downloading and/or use of files or other material (including software) obtained through the Website. Neither Company nor any of its content providers endorse or stand behind the accuracy, truthfulness, or reliability of any information provided on or by means of Company.

ALTHOUGH THIS WEB SITE USES ENCRYPTION SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THIS WEB SITE OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THIS WEB SITE AND THE CONTENT IS AT YOUR OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEB SITE OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL INFORMATION. This web site may contain links to other web sites. The Company does not assume responsibility for the accuracy or appropriateness of the information, data, opinions, advice, or statements contained at such sites, and when You access such sites, You are doing so at Your own risk. In providing links to the other sites, the Company is in no way acting as a publisher or disseminator of the material contained on those other sites and does not seek to monitor or control such sites. A link to another site should not be construed to mean that the Company is affiliated or associated with same. THE COMPANY DOES NOT RECOMMEND OR ENDORSE ANY OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPER-LINKS TO OR CONTENT FOUND, ON OTHER WEB SITES. The mention of another party or its product or service on this web site should not be construed as an endorsement of that party or its product or service. The Company will not be responsible for any damages You or any third-party may suffer as a result of the transmission, storage or receipt of confidential or proprietary information that You make or that You expressly or implicitly authorize the Company to make, or for any errors or any changes made to any transmitted, stored or received information. You are solely responsible for the retrieval and use of the Content. You should apply Your own judgment in making any use of any Content, including, without limitation, the use of the information as the basis for any conclusions.

THE CONTENT MAY NOT BE ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE RELIED UPON. THE CONTENT IS PROVIDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF ACTION. THE CONTENT ON THIS WEB SITE IS NOT INTENDED TO BE USED AS A SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED ATTORNEY LICENSED TO PRACTICE LAW IN YOUR STATE TO ENSURE COMPLIANCE WITH YOUR PARTICULAR STATE’S REQUIREMENTS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.

EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT, PRODUCTS, SERVICES AND SOFTWARE ON THIS WEB SITE OR MADE AVAILABLE THROUGH THIS WEBSITE ARE PROVIDED “AS IS” and “AS AVAILABLE,” WITHOUT ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, USABILITY, CONDITION, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.

No oral advice or written information given to you by Company or any of its content providers, agents, or the like shall create any warranty. Neither Company nor any of its content providers, agents, or the like warrants that access to, or use of, the Website will be uninterrupted, virus-free, or error-free, or that the Website, including, but not limited to, any content of the Website, will meet any particular criteria of performance or quality.

COMPANY, on behalf of itself and all of its content providers, agents, and the like, expressly disclaims any and all warranties and/or representations, whether express or implied, oral or written, including, but not limited to, any and all implied warranties of merchantability, reasonable care, compatibility, security, reliability, accuracy, non-infringement, course of dealings or usage of trade, and/or fitness for a particular purpose (whether or not COMPANY knows, has reason to know, has been advised, or is otherwise in fact aware of such purpose), in each instance in respect of the Website AND CONTENTS. Further, COMPANY, on behalf of itself and all of its content providers, agents, and the like, expressly disclaims any and all warranties of title and/or non-infringement in respect to the Website.

IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES, WHETHER BASED ON CONTRACT, TORT, STATUTE OR HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: CONSEQUENTIAL DAMAGES; DAMAGES FOR LOSS OF USE, LOST PROFITS, OR LOST SAVINGS, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM OR IN INSTANCES INVOLVING THE ALLEGED NEGLIGENCE OF COMPANY OR ANY OF ITS LAWFUL AGENTS.

IN NO EVENT WILL COMPANY, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU, OR YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEB SITE OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THIS WEB SITE; OR EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY, EVEN IF THE COMPANY OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM AND EVEN IN INSTANCES INVOLVING THE ALLEGED NEGLIGENCE OF COMPANY AND/OR ITS AGENTS. IN NO CASE WILL THE LIABILITY OF COMPANY’S, ITS AFFILIATES, AGENTS., LICENSORS, SUPPLIERS, AND THEIR RESPECTIVE DIRECTORS AND EMPLOYEES, FOR CUMULATIVE TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS NEGLIGENCE, OR OTHERWISE) BE FOR MORE THAN THE AMOUNT, IF ANY, PAID BY YOU UNDER THIS AGREEMENT TO ACCESS THIS WEB SITE, IN THE YEAR IN WHICH THE CLAIM AROSE. THE COMPANY ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE COMPANY IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE COMPANY DISCLAIMS ANY LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE ILLEGAL IS PROHIBITED.

9. TERMINATION

This Agreement is effective until terminated by the Company, with or without cause, in the Company’s sole and unfettered discretion. The Company may terminate this Agreement without notice to You if You fail to comply with any of its terms. Any such termination by the Company shall be in addition to and without prejudice to such rights and remedies as may be available to the Company, including injunction and other equitable remedies. The disclaimers, limitations on liability, ownership, termination, interpretation, Your license to the Company, Your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.

10. INDEMNITY

You agree at all times to indemnify, defend and hold harmless the Company, its sponsors, agents, suppliers, affiliates and their respective directors and employees against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal fees, attorneys’ fees, and other fees and disbursements) sustained, incurred or paid by the Company directly or indirectly in respect of: (i) any information or other Content You provide on or through this web site or which is sent to the Company by e-mail or other correspondence, including but not limited to any claim of libel, defamation, invasion of privacy or right of publicity, and loss of service of other subscribers; or (ii) Your use or misuse of the Content or this Website, including without limitation claims of infringement of intellectual property and/or any other legal rights of others.

11. NO RIGHT TO PAYMENT

You agree that you have no right to payment for any information or other Content You provide or otherwise make to the Company or the Website. You agree that you have no right to payment for any use, authorized or otherwise, of the Website.

12. LINKS

The Website may contain links to other websites operated by third-parties other than the Company. These links are provided for your reference only. The Company does not control such websites and is not responsible for their contents. The Company makes no representation or warranty regarding any other websites or the contents or materials of such websites. The Website’s inclusion of links to other websites does not imply the Company’s endorsement of the material on the websites or any association with their operators. Any concerns regarding any such service or resource, or any link thereto, should be directed to the particular service, resource, or third party.

13. GOVERNING LAW

This Agreement and its performance shall be governed by the laws of the State of Missouri, United States of America, without regard to its conflict of law provisions. You consent and submit to the exclusive jurisdiction of the State of Missouri and the federal courts located in Kansas City, Missouri in all questions, cases, and controversies arising out of your use of or inability to use the Website and this Agreement.

14. NO WAIVERS

The failure of either Company or You to insist upon or enforce strict performance by the other party of any provision of these Terms of Use shall not be construed as a waiver of any provision or right. Neither the course of conduct between You and Company nor trade practices shall modify any provision of these Terms of Use.

15. MODIFICATION AND ADDITIONAL TERMS

The Company may modify these Terms of Use at any time and Your continued use of the Website and any Content obtained therefrom will be conditioned upon the Terms of Use then in force at the time of Your use of the Website or Content obtained therefrom.

Additional terms may apply to the purchase of goods and services and other uses of portions of this Website, and You agree to abide by such other terms and conditions.

16. DISPUTE RESOLUTION, FORUM, VENUE AND RECOVERY OF LEGAL FEES

In the event of a dispute, the parties mutually agree that same will be submitted to binding arbitration before a neutral arbitrator selected by the parties. The arbitration will be conducted according to the rules of the American Arbitration Association but may be submitted to arbitration before a private arbiter. The arbitration shall take place in Jackson County, Missouri. The Company is entitled to recovery of its costs, including reasonable attorneys’ fees and costs, if the Company is deemed the “prevailing party”.

17. INTERPRETATION

The division of this Agreement into sections and the insertion of headings are for convenience of reference only and shall not affect the construction or interpretation of this Agreement. In this Agreement, words importing the singular number include the plural and vice versa, words importing gender include all genders; and words importing persons include individuals, sole proprietors, partnerships, corporations, trusts and unincorporated associations. All references to money amounts in this Agreement, unless otherwise specified, are stated in U.S. Dollars.

18. ENTIRE AGREEMENT

These terms and conditions and any and all legal notices on this Website constitute the entire agreement between You and the Company with respect to the use of this Website and the Content. No supplement, modification or amendment to this Agreement and no waiver of any provision of this Agreement shall be binding on the Company unless executed by the Company in writing. No waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.

19. SEVERABILITY

Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction shall, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and shall otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.

20. ENUREMENT

This Agreement shall inure to the benefit of and be binding upon each of Us and our respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.