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Terms of Service

The website www.overseashorseservices.com (the “Website”) is owned and operated by Overseas Horse Services Ltd. (“OHS”). The material contained in this Website is for informational purposes only and is not intended to modify, qualify, supplement or amend information disclosed under corporate and transportation legislation of any jurisdiction applicable to OHS.

OHS reserves the right, in its sole discretion, to make changes, update, or remove any information contained in this Website, at any time without notice. Any such changes or updates to the Website will apply as soon as they are posted. Persons accessing and using this Website (“Users”) agree to be bound by and comply with these Terms of Use, as amended from time to time, and if Users do not agree with such Terms of Use, they must leave the Website immediately.

Disclaimer of Warranties

Information contained in this Website is provided “as is”, is deemed to be provided in Alberta, Canada and is subject to the laws of Alberta and the laws of Canada applicable therein. By accessing this Website Users agree that all disputes, controversies, or claims arising out of or in connection with the Website shall be subject to the jurisdiction of the courts of the Province of Alberta. OHS makes no representations that the Website is appropriate or available for use in other locations and Users accessing this Website from outside of Canada acknowledge that they do so at their own risk and are responsible for any failure to comply with any local, national or international law.

The Website may be temporarily unavailable from time to time for maintenance or other reasons. OHS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communication line failure, theft or destruction or unauthorized access to, or alteration of, User communications. OHS is not responsible for any technical malfunctions or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet, at the Website, or a combination thereof, including injury or damage to a User’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with the web.

OHS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, LATENT DEFECTS, AND NON-INFRINGEMENT. OHS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING THE ACCURACY, COMPLETENESS, TIMELINESS OR RELIABILITY OF THE MATERIALS CONTAINED ON THE WEBSITE, FOR THE ACCURACY, CONTENT, OR AVAILABILITY OF INFORMATION FOUND ON SITES LINKED TO OR FROM THE WEBSITE, AND IT DOES NOT REPRESENT OR WARRANT THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, THAT THE WEBSITE WILL OPERATE ERROR-FREE, THAT ERRORS ON THE WEBSITE WILL BE CORRECTED, OR THAT THE MATERIALS CONTAINED ON THE WEBSITE ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.

Limitation of Liability

IN NO EVENT SHALL OHS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS, BE LIABLE TO USERS OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION, (I) ANY ERRORS, MISTAKES OR INACCURACIES OF INFORMATION ON THE WEBSITE; (II) DAMAGES FOR LOST REVENUE; (III) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM ACCESS TO AND USE OF THE WEBSITE; (IV) LOST OR DAMAGED DATA; (V) BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY A THIRD PARTY; (VI) THE INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE; (VII) THE UNAUTHORIZED ACCESS TO OR USE OF OUR SERVER(S) OR THE UNAUTHORIZED USE OF PERSONAL INFORMATION; OR (VIII) COSTS OR OTHER COMMERCIAL OR ECONOMIC LOSS, WHETHER BASED IN CONTRACT, (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF USERS’ ACCESS TO, USE OF, RELIANCE ON, INABILITY TO USE OR MISUSE OF THE WEBSITE, WHETHER OR NOT OHS IS MADE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, LOSSES, CLAIMS OR EXPENSES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

EXCEPT AS OTHERWISE PROVIDED BY LAW, OHS EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY USER OF THE WEBSITE. UNDER NO CIRCUMSTANCES SHALL OHS AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS AND AGENTS BE LIABLE FOR ANY INJURY, LOSS, DAMAGE (INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES) OR EXPENSE ARISING IN ANY MANNER WHATSOEVER FROM THE ACTS, OMISSIONS OR CONDUCT OF ANY USER.

Indemnity

Users agree to defend, indemnify and hold harmless OHS and its directors, officers, employees, contractors and agents from and against all liabilities, claims, damages, costs, losses and expenses (including but not limited to legal fees on a solicitor and his own client basis) arising out of Users’ use of the Website, Users’ violation, breach or alleged violation or breach of any third party right (including without limitation any copyright, property, or privacy right), or any material that is uploaded or otherwise transmitted, whether intentionally or otherwise, from Users to the Website. This defence and indemnification obligation shall survive Users’ use of this Website.

Intellectual Property

All information found on this Website is protected under the applicable copyright and trade-mark laws of Canada and of other applicable jurisdictions. Any unauthorized use of this information including re-publication, re-transmission, downloading, copying or modification of material on the Website, including trade-marks, trade names and design marks, may violate applicable legislation and may result in legal action. None of the information found on the Website may be downloaded, copied, reproduced, re-published, posted, transmitted, stored, sold or distributed without the prior written permission of OHS, or the respective copyright holder. The foregoing shall exclude the downloading of one copy of information found on the Website on any single computer for personal, non-commercial use only, provided that all copyright and proprietary notices are kept intact.

Certain names, words, titles, phrases, logos, designs, graphics, icons and trade-marks displayed on the Website may constitute registered or unregistered trade-marks of OHS and its agents or third parties. For greater clarity, the display of any trade-mark, trade name or design mark on the Website does not imply that a license of any kind has been granted to any other party. All other trade-marks appearing on the Website are the property of their respective owners.

Internet Communications

The Internet is not a fully-secure medium and is subject to possible interception, loss, corruption, or alteration of communication. Users acknowledge and agree that OHS and its agents are not liable for any damages Users may suffer resulting from the transmission, interception or corruption of communications to or from the Website. Any User who provides information to OHS agrees that OHS shall have no obligation with respect to such information and shall be free to use, distribute, disclose and reproduce any ideas, concepts, know-how or techniques contained in the information for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products or services incorporating such information. Any information provided by a User shall be non-proprietary and deemed to be non-confidential and must be truthful, legal and not violate the rights of third parties.

Links to Third Party Sites

The Website may contain links to third party websites that are not owned or controlled by OHS. OHS does not have any control over, and assumes no responsibility for, the content, privacy policies, or practices of any such third party websites. OHS provides such links only as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by OHS of the linked website or information contained therein. Users acknowledge and agree that OHS 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 any use of, or reliance upon, any content, goods or services available on or through any links to third party websites.

Privacy

By using or accessing the Website, Users consent to the manner of collection, use and disclosure of their personal information, as described in the OHS Privacy Policy. Any inquiry concerning the personal information held by OHS should be emailed to the OHS Privacy Officer at privacy@overseashorseservices.com

IP Addresses

An IP Address is the unique number which is assigned to every direct Internet access point. Many IP Addresses can generally be associated with certain Internet service providers or large organizations. IP Addresses do not contain any Personal Information. When Users, through their browsers, request a Web page or similar Internet information from another computer on the Internet, their browsers automatically provide that computer with an IP address to which it will send the requested information.

OHS and IP Addresses: (i) When Users request any Web page of the Website their browsers automatically provide their computers with their IP Addresses, to which OHS’ computers will send the requested information. Each such request is logged by OHS’ computers with information including the IP Address of the computer that requested the Web page, and is stored by OHS’ computers as needed fo r the purposes described in this Privacy Policy; (ii) OHS may use Users’ IP Addresses to display more appropriate and relevant content and advertising, such as content and advertising based on Users’ geographic areas. Aggregate information derived from IP Addresses may be reported by OHS to its advertisers and partners. For example, OHS may report to its advertisers the estimated total number of Users accessing a particular part of the Website from a specific province; (iii) OHS may use Users’ IP Addresses to facilitate the diagnoses and remedy of a technical problem reported by Users or OHS’ technical team.

Governing Law

These Terms of Use shall be governed by and construed in accordance with the laws of the province of Alberta and the federal laws of Canada applicable therein, without respect to conflict of laws principles. Any dispute arising under these Terms of Use shall be subject to the exclusive jurisdiction of the courts of Alberta and, by using this Website, Users hereby submit to the jurisdiction of such courts for such purposes and waive any and all objections as to jurisdiction or venue in such courts. OHS makes no representation that the Website or the contents are appropriate for Users outside the Province of Alberta. Users who choose to access this Website do so at their own risk and their own initiative and are responsible for compliance with all applicable local laws.

Miscellaneous

If any provision of these Terms of Use is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term, and OHS’ failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use represent the entire understanding and agreement between a User and OHS relating to the subject matter herein and supersede any and all prior statements, understandings or agreements whether oral or written between such parties.

Horse graphic designed by Alekksall / Freepik

Version Date: December 2016