Please read these Terms and Conditions carefully. By accessing this website/application and/or any pages thereof (hereinafter referred to collectively as the "Website"), you signify your agreement with and understanding of the following Terms and Conditions and the legal information pertaining to both this Website and any material on it. If you do not agree to these Terms and Conditions, do not access this Website. In addition, when using particular services, you and the United States Equestrian Federation (the “Federation” or “USEF”) shall be subject to any posted guidelines or rules applicable to such services that may be posted on the Website from time to time. All such guidelines or rules are hereby incorporated by reference into these Terms and Conditions.
The Federation reserves the right to change these Terms and Conditions at any time without notice to you. You are therefore responsible for regularly reviewing these Terms and Conditions. Continued use of this Website following any such changes shall constitute your acceptance of such changes.
The Website was created by the Federation, 4001 Wing Commander Way, Lexington, Kentucky 40511. All rights reserved. Copyright USEF 2018.
Unless otherwise indicated, all of the content featured or displayed on this Website, including, but not limited to, text, graphics, data, photographic images, logos, moving images, sound, illustrations, software, editorial content, results, database information, and the selection and arrangement thereof ("USEF Content"), is the sole property of the Federation, its licensors, or its third-party image partners and all rights are reserved. USEF Content may not be reproduced in any way without the prior written permission of the Federation.
All elements of the Website, including the USEF Content, are protected by copyright, trademark, and other laws relating to the protection of intellectual property. The Federation shall bear no responsibility whatsoever for unauthorized copying and/or use of any material property of third parties on the Website.
Nothing in the Website is designed to grant any license or right to use any names, logos, pictures or trademarks. No act of downloading or otherwise copying or reproducing from the Website will transfer title to you to any USEF Content on the Website.
The USEF Content of this Website is for your personal or information use only. Commercial usage of any USEF content or the reproduction of such content is strictly prohibited.
NO OFFER OF SERVICE
Unless otherwise expressly stated, the material on the Website is intended to be for informational purposes only. The Federation makes no representation that material on the Website is appropriate or available for use in jurisdictions other than the United States. Those users who choose to access the Website from other locations do so at their own risk and are responsible for compliance with applicable laws and regulations.
The Federation has taken all reasonable care that the information contained within the Website is accurate at the time of publication, however no representation or guarantee (including liability towards third parties), expressed or implied, is made as to its accuracy, reliability or completeness.
Therefore, the Federation and its Directors, employees, content providers, agents, affiliates assume no liability for the use or interpretation of information contained herein. Your use of the Website is on an "AS IS" and "AS AVAILABLE" BASIS AND AT YOUR SOLE RISK, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND TERMS AND CONDITIONS OF MERCHANTABILITY, SUITABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS.
In particular, the Federation assumes no responsibility for, and makes no guarantees that (i) the Website and services on the Website will meet your requirements, (ii) services and functions on the Website will be uninterrupted, timely, secure or error-free, (iii) results that may be obtained from the use of the Website and services on the Website will be accurate or reliable, (iv) defects will be corrected, or (v) the Website or the servers that make it available will be free of viruses or other harmful elements.
Any material downloaded or otherwise obtained through the use of the Website is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
LINKS FROM AND TO THE WEBSITE
You acknowledge and agree that the Federation has no responsibility for the accuracy or availability of information, material, or content provided by third party linked websites, or the content, performance, terms and conditions of use, the privacy policies, or practices on such websites. Links to such sites do not constitute an endorsement by the Federation of such websites or the content, products, other materials or services presented on such websites. Information in the many webpages that are linked to the Website, and the applications and services available through the Website, comes from a variety of sources. The Federation does not author, edit, or monitor the content, links, or services provided by third parties. THE FEDERATION SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGE OR LOSS CAUSED OR ALLEGED TO BE CAUSED BY OR IN CONNECTION WITH USE OF OR RELIANCE ON ANY SUCH CONTENT, PRODUCTS, OR OTHER MATERIAL AVAILABLE ON THE WEBSITE OR ON THIRD PARTY LINKED WEBSITES.
In the event that you wish to establish a link to the Website, you expressly agree:
- To obtain prior written approval from the Federation to establish a link to the Website;
- Not to include the Website into the frame of another website and to create a direct link to the Federation’s official Website at www.usef.org not to create any third party association with the Website; and
- Ensure that the link does not state or imply that Federation sponsors or endorses any other website activity, company or entity, or presents the Federation and/or equestrian sport in a false, misleading, defamatory or derogatory manner.
The link to our Website does not permit you to use any of the Federation and/or third party content, names, logos, pictures, or trademarks, unless separately agreed to in writing by the relevant rights-holder.
As a condition of use of the Website, you agree to indemnify the Federation and its affiliates, officers, employees and agents from and against any and all liabilities, expenses (including attorneys' fees) and damages arising out of claims resulting from your use of the Website.
Please read this provision of this section carefully. It provides that any dispute may be resolved by binding arbitration. By agreeing to arbitration, you are hereby waiving the right to go to court, including the right to a jury. In arbitration, a dispute is resolved by an arbitrator, or a panel of arbitrators, instead of a judge or jury. The parties understand that they would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide their case, but they choose (by their acceptance of this Agreement, in accessing or using the service or the site) to have any disputes resolved through arbitration.
By accessing this Website, you waive the right to litigate in court any claim or dispute either as an individual or as a class action, either as a member of a class or as a representative, or to act as a private Attorney General.
In order to expedite and control the cost of disputes, you agree that any legal or equitable claim relating to your use of this Website and these Terms and Conditions thereof (a "Claim") will be resolved as follows:
- Informal Claim Resolution: To initiate an informal resolution to a Claim, you must send a notice by first class United States mail to United States Equestrian Federation, 4001 Wing Commander Way, Lexington, KY, 40511 Attention: General Counsel (a "Notice"). Neither you nor the Federation may start a formal proceeding (except for Claims described in subsection 3 below) for at least sixty (60) days after one of either party notifies the other of a Claim in writing. If the Federation initiates a Claim, you will be sent a notice to the billing address on file with the Federation.
- Formal Resolution: If a claim cannot be resolved informally, then the Claim shall be resolved, upon election by either party, exclusively and finally by binding arbitration.
The party initiating arbitration must follow the rules and procedures of the American Arbitration Association (“AAA”) in effect at the time the Claim is filed, and the parties agree that the arbitration shall be administered by the AAA. You may obtain copies of the current rules, forms and instructions for initiating an arbitration by contacting:
American Arbitration Association
1633 Broadway, 10th Floor
New York, New York 10019
This arbitration agreement is made pursuant to a transaction involving interstate commerce and shall be governed by the Federal Arbitration Act (“FAA”), and not by any state law concerning arbitration.
- Cost Sharing: Whichever party files the arbitration must pay the initial filing fee. All other fees will be allocated as provided by the applicable rules of the arbitrating body and applicable law. Each party will bear the expense of that party’s attorneys, experts, and witnesses, and other expenses, regardless of which party prevails, but a party may recover any or all expenses from another party if the arbitrator, applying applicable law, so determines.
- Binding Effect: In the arbitration proceeding, the arbitrator must follow applicable law, and any award may be challenged. Any court with jurisdiction may enter judgment upon the arbitrator’s award. The arbitrator's decision is final and binding on all parties and may be enforced in any federal or state court with jurisdiction.
PRIVACY & SECURITY
APPLICABLE LAW AND JURISDICTION
By accessing the website, you agree that the laws of the Commonwealth of Kentucky will apply to all matters relating to the use of the website.
In the case of a dispute, you agree to submit to the exclusive jurisdiction of the United States District Court for the Eastern District of Kentucky or the Fayette County Circuit Court.