Introduction
The Dee Hotton Stable maintains this web site as a service to our clients. By using this web site, you are agreeing to comply with, and be legally bound by the following terms of use; which shall take effect immediately upon your first use of the web site. Please review the following terms carefully. If you do not agree to these terms, you should not review any information, or obtain services from, or through, this web site.
1. Acceptance of Agreement
You agree to the terms and conditions outlined in this Terms of Use Agreement (“Agreement”) with respect to the Dee Hotton Stable web site (the “Site”). This Agreement constitutes the entire and only agreement between the Site and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, services, or products provided by or through the Site, and the subject matter of this Agreement. This Agreement may be amended at any time by the Dee Hotton Stable from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site. Furthermore, it is your responsibility to review these terms regularly to ensure that you are aware of any changes made to the terms of use by the Dee Hotton Stable.
2. Copyright
The content (all text), organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. You may not copy, reproduce, republish, download, post, broadcast, transmit, adapt, alter or prepare derivative works, make available to the public, or otherwise use the Site’s content in any way except as allowed by in Section 4 of this agreement. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.
3. Trademarks
Product and company names mentioned on the Site may be trademarks of their respective owners.
4. Limited Right to Use
The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, alteration, adaption, preparation of derivative works, or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
5. Editing, Deleting and Modification
The Dee Hotton Stable reserves the right in our sole discretion to edit, or delete any documents, information, or other content appearing on the Site at any time.
6. Indemnification
You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site.
7. Nontransferable
Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents from secure parts of the Site are not transferable.
8. Disclaimer and Limits
The information from, or through, the Site are provided “as-is,” “as available,” and all warranties, express or implied, are disclaimed. While every effort is made to ensure the accuracy of data, information, and materials posted to the Site, no warranty is made as to its accuracy, availability, or suitability for any specific purpose or use.
The information and services on the Site may contain bugs, errors, problems or other limitations. The Dee Hotton Stable and our affiliated parties have no liability whatsoever for your use of any information, and/or service through the Site. In particular, under no circumstances will the Dee Hotton Stable be liable for any of the following losses or damage (whether such losses where foreseen, foreseeable, known or otherwise): (a) loss of data; (b) loss of revenue or anticipated profits; (c) loss of business; (d) loss of opportunity; (e) loss of goodwill or injury to reputation; (f) losses suffered by third parties; or (g) any indirect, consequential, special or exemplary damages arising from the use of the Site regardless of the form of action.
The Site does not warrant that programs or functions contained in the Site content will be uninterrupted or error free, that defects will be corrected, or that the Site or the server that makes it available are free of computer viruses or bugs. All responsibility or liability for any damages caused by viruses contained within any electronic file or document is disclaimed. We will not be liable to you for any incidental, special or consequential damages of any kind that may result from use of, or inability, to use the Site.
9. Use of Information
The Dee Hotton Stable does not share, swap, trade, exchange, or market data regarding Site users or clients. However, visits to the Site and it’s pages are logged to a file and the data recorded is occassionally analyzed to produce statistics regarding page, and Site, use. We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you through your visits to the Site.
10. Third-Party Services
We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. You agree that use of such Merchants is at your sole risk and is without warranties of any kind by us, expressed, implied or otherwise including warranties of title, fitness for purpose, merchantability or non-infringement. under no circumstances are we liable for any damages arising from the transactions between you and merchants or for any information appearing on merchant sites or any other site linked to our site.
11. Third-Party Merchant Policies
All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.
12. Payments
You represent and warrant that if you are purchasing something from us or from Merchants that (i) any credit information you supply is true and complete, (ii) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes.
13. Securities Laws
This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives, that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.
14. Links to other Web Sites
The Site contains links to other web sites. We are not responsible for the content, accuracy, or opinions, expressed in such web sites, and such web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked web site on our Site does not imply approval or endorsement of the linked web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.
15. Copryright Infringement
We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, then please e-mail your concern to us at deehottonstable@aol.com.
16. Information and Press Releases
The Site contains information and press releases about the Dee Hotton Stable. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.
17. Miscellaneous
This Agreement shall be treated as though it were executed and performed in the State and Federal Courts located in the County of Wayne, City of Wooster, State of Ohio, and shall be governed by and construed in accordance with the laws of the State of Ohio (without regard to conflict of law principles). Any cause of action by you with respect to the Site (and/or any information, products or services related thereto) must be instituted within one (1) year after the cause of action arose or be forever waived and barred. All actions shall be subject to the limitations set forth in Section 8 and Section 10. The language in this Agreement shall be interpreted as to its fair meaning and not strictly for or against either party. All legal proceedings arising out of or in connection with this Agreement shall be brought solely in Wooster, Ohio. You expressly submit to the exclusive jurisdiction of said courts and consents to extra-territorial service of process. Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law and the remaining portions shall remain in full force and effect. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.