Terms & Conditions
PLEASE READ THESE TERMS OF USE CAREFULLY. BY ACCESSING OR USING OUR WEBSITES, MOBILE APPLICATIONS OR ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS OF USE AND ALL TERMS INCORPORATED BY REFERENCE. DO NOT USE OUR WEBSITES OR SERVICES IF YOU DO NOT AGREE TO ALL OF THESE TERMS.
INTRODUCTION
Gray Horse Leatherworks LLC ("Gray Horse Leatherworks", "we", "us") owns and operates the website located at the http://www.grayhorseleatherworks.com (the "Site"). We also run clinics and offer consultations ("services"), mentoring, training, and educational material for our users. Additionally, we offer products for purchase ("purchases").
By using the Site, booking Services, and/or making purchases, you agree to be bound by these terms and conditions ("Terms") together with our Privacy Policy. These affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use our Site and/or book a Service.
There are two distinct sections to these Term: Part One applies to any and all access and use of the Site, Part Two applies to any purchases made through this site, and Part Three details more specifically services offered, purchased and/or conducted through this site.
By accepting these Terms through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms. Gray Horse Leatherworks does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
If you do not agree to (or cannot comply with) any of these Terms, please do not use this Site. All billing and registration information provided must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. By confirming your purchase at the end of the checkout process, you agree to accept and pay for the item(s) requested.
PART ONE
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or print the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Gray Horse Leatherworks, Wix.com, or its suppliers and are protected by U.S property laws.
Third Party Sites: References on this Site to any names, marks, products or services of third parties, or hypertext links to third party sites or information are provided solely as a convenience to you and do not in any way constitute or imply Gray Horse Leatherworks endorsement, sponsorship or recommendation of the third party, its information, products or services. Gray Horse Leatherworks is not responsible for the practices or policies of such third parties, nor the content of any third party sites, and does not make any representations regarding third party products or services, or the content or accuracy of any material on such third party sites. If you decide to link to any such third party sites, you do so entirely at your own risk.
PRIVACY POLICY
Gray Horse Leatherwork's Privacy Policy explains the personal data we may collect from you when you visit the Sites, how we handle that data and what we do to protect your privacy. By using the Sites, you agree that Gray Horse Leatherworks can use such data in accordance with our Privacy Policy.
SITE SECURITY
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site. You agree, further, not to use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Site other than the search engine and search agents available from Gray Horse Leatherworks on this Site and other than generally available third party web browsers.
INTELLECTUAL PROPERTY, COPYRIGHTS, TRADEMARKS AND PATENTS
Any and all Content on any the Gray Horse Leatherworks site, including for example all of the page headers, images, illustrations, graphics, audio clips, animation, sounds, video clips and text ("Content"), are subject to intellectual property rights held by Gray Horse Leatherworks or by third parties who have licensed their materials to Gray Horse Leatherworks. These materials may not be copied for commercial use or distribution, nor may these materials be modified or reposted to other sites.
The Content of this website, and the site as a whole, is intended solely for personal, noncommercial use by the users of our site. You may download, print and store selected portions of the Content, provided you (1) only use these copies of the Content for your own personal, non–commercial use, (2) do not copy or post the Content on any network computer or broadcast the Content in any media, and (3) do not modify or alter the Content in any way, or delete or change any copyright or trademark notice. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading.
Gray Horse Leatherworks and its suppliers and licensors expressly reserve all intellectual property rights in all text, programs, products, processes, technology, content and other materials which appear on this Site. Access to this Site does not confer and shall not be considered as conferring upon anyone any license under any of Gray Horse Leatherwork’s intellectual property rights.
SUBMISSIONS, REVIEWS AND FEEDBACK
Please note that by submitting any stories, comments, feedback, reviews, letters, suggestions, product ideas, and/or all other submissions submitted or offered to Gray Horse Leatherworks, whether through this Site, by telephone, by e-mail or otherwise submitted or offered (collectively, “Comments”), you hereby grant Gray Horse Leatherworks a royalty-free, irrevocable, transferable right and license to use such Comments in any manner we desire, including without limitation, to copy, modify, delete in its entirety, adapt, publish, translate, and/or create derivative works.
You agree that any materials, including but not limited to questions, comments, suggestions, documents, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to Gray Horse Leatherworks through this Site, or postings on this Site, are non-confidential (subject to Gray Horse Leatherworks Privacy Policy) and shall become the exclusive property of Gray Horse Leatherworks. Gray Horse Leatherworks shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use of these materials for any purpose (subject to Gray Horse Leatherworks Privacy Policy), commercial or otherwise, without acknowledgment or compensation to you. The submission of any materials to Gray Horse Leatherworks, irrevocably waives any and all “moral rights” in such materials, including the rights of integrity and to be to be recognized as the author.
You agree that any Comments submitted by you to us will not violate the terms in this Terms or any right of any third party, including without limitation, copyright, trademark, privacy or other personal or proprietary right(s), and will not cause injury to any person or entity.
Gray Horse Leatherworks comment, blog, testimonial, and review services are available to our users subject to the following guidelines. Out of respect for all of our users, we ask that you do not use obscene, profane or threatening language in your messages or comments. We also ask that you do not submit or post photos, videos or other content that includes obscene, profane or threatening images. Examples of the kinds of conduct or content that are prohibited in user submitted content include:
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The transmission of any content that could violate, or could facilitate the violation of, any applicable law, regulation or Gray Horse Leatherworks rule or policy;
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The transmission of any content that is profane, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise objectionable;
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The impersonation of any person or entity in any part of a gift message; or
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Any material that contains software viruses, political campaigning, commercial solicitation, mass mailings or any form of SPAM.
Gray Horse Leatherworks is not responsible for the content of any messages and/or images you submit and assumes no liability for any content submitted by you. We do not regularly review posted comments, and are not obligated to restrict or remove any content from a message, nevertheless we reserve the right to monitor and edit or remove any comments submitted to this site.
Any content you submit is for non-commercial use only. You must provide your actual e-mail address in order to send your content. Any content you submit will be routed through the Internet and you understand and acknowledge that you have no expectation of privacy with regard to any content you submit.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold harmless Horse By Horse and/or its affiliates from and against any and all claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, arising from or related to your use of the Site or any breach by you of these Terms.
TERMINATION
Gray Horse Leatherworks reserves the right to terminate these Terms at any time, and may do so immediately, without notice, thereby denying you access to any of the Gray Horse Leatherworks site, if in our sole discretion you fail to comply with any Terms set forth herein. Further, we reserve the right to refuse working with any user(s) who violates our Terms.
DISCLAIMER
THIS SITE IS PROVIDED BY GRAY HORSE LEATHERWORKS ON AN “AS IS” “AS AVAILABLE” BASIS. GRAY HORSE LEATHERWORKS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE; OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMITTED BY APPLICABLE LAW, GRAY HORSE LEATHERWORKS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, GRAY HORSE LEATHERWORKS DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK AND THAT GRAY HORSE LEATHERWORKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THESE TERMS OF USE. SOME STATES DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE FOREGOING LIMITATIONS MAY NOT APPLY TO YOU WITHOUT LIMITING THE FOREGOING, GRAY HORSE LEATHERWORKS DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE, COMPLETE, RELIABLE, USEFUL, TIMELY OR CURRENT OR THAT THIS WEBSITE WILL OPERATE WITHOUT INTERRUPTION OR ERROR. GRAY HORSE LEATHERWORKS ASSUMES NO RISK OR RESPONSIBILITY FOR YOUR USE OF ANY OF THE CONTENT PROVIDED ON THIS WEBSITE.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, OR UNDER ANY LEGAL OR EQUITABLE THEORY, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, SHALL GRAY HORSE LEATHERWORKS, OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES, WHETHER SPECIAL, INCIDENTAL OR CONSEQUENTIAL OR OTHERWISE ARISING OUT OF OR IN CONNECTION WITH THE USE OF, INABILITY TO USE, OR MALFUNCTION OF THIS WEBSITE. YOU, THE USER, WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE, OR LOSS OF DATA TO YOUR COMPUTER SYSTEM OR OTHER PROPERTY THAT RESULTS FROM THE USE OF THIS SITE, INCLUDING THE DOWNLOADING OF ANY MATERIAL. GRAY HORSE LEATHERWORKS WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE PURCHASE OR USE OF PRODUCTS OR SERVICES OFFERED FOR SALE ON THIS SITE, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES.
Applicable law may not allow the Limitation of Liability set forth above, so this Limitation of Liability may not apply to you. If any part of this Limitation on Liability is found to be invalid or unenforceable for any reason, then the aggregate liability of Gray Horse Leatherworks under such circumstances for liabilities that otherwise would have been limited shall not exceed $100.
IF YOU ARE DISSATISFIED WITH THIS WEBSITE OR ANY CONTENT ON THE SITE, OR WITH THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEBSITE. YOU ACKNOWLEDGE, BY YOUR USE OF THIS WEBSITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK.
ENFORCEABILITY
If any provision of these Terms is held to be unenforceable for any reason, such provision shall be modified only to the extent necessary to make it enforceable and the other terms of these Terms shall remain in full force and effect. The failure of Gray Horse Leatherworks to act with respect to a breach of these Terms by you or others does not constitute a waiver of any nature and shall not limit Gray Horse Leatherwork's rights with respect to such breach or any subsequent breaches in any way.
JURISDICTION
These Terms shall be governed by and construed under North Carolina law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to the use of this Site, or these Terms must be brought in the state or federal courts of North Carolina and you hereby consent to the exclusive personal jurisdiction of such courts.
ENTIRE AGREEMENT
These Terms of Use represent the complete agreement between the parties and supersede all prior agreements and representations between them. Headings used in these Terms of Use are for reference purposes only and in no way define or limit the scope of the section.
TERMS MAY CHANGE
Gray Horse Leatherworks reserves the right to update or modify these Terms at any time without prior notice. Use of this website by you following any such change constitutes your agreement to follow and be bound by the modified Terms. We encourage you to review these Terms whenever you use this website so that you have reviewed the most current version.
In the event that any provision of the Terms conflict with the law under which the Terms are to be construed or if any such provisions are held invalid, such provision will be deemed to be restated to reflect as nearly as possible the original intentions of the parties in accordance with applicable law, and the remainder of these Terms will remain in full force and effect.
PART TWO
WARNING
Gray Horse Leatherworks sells products for horseback riding. Riding or even entering into close proximity of a horse involves risk of major injury or even death. Only individuals with adequate training should attempt to ride a horse or utilizing equestrian related products by Gray Horse Leatherworks.
PRODUCT DETAILS
Additional features may be shown in some product display pictures, so make sure to refer to the product descriptions for each article. We strive to accurately display the colors of our products, however, as the actual colors reflected on your monitor may vary, we cannot guarantee that your monitor’s display of any color will be accurate. Remember that leather is a natural material so color variations may occur, as well as staining /color transfer.
ORDERS AND ACCEPTANCE
Please note that sometimes there may be certain orders we are unable to accept. We hereby reserve the right, in our sole discretion, to refuse or cancel any order for any reason whatsoever. For your convenience, you will not be charged until your payment method is authorized, the order information is verified for accuracy and your order is shipped. Certain instances may result in your order being canceled because of limitations on materials, labor, inaccuracies or errors in product or pricing information. From time to time, we may require additional information and identification before accepting an order. We will contact you if all or any portion of your order is canceled or if additional information is required to accept your order. If your order is canceled after your credit card has been charged, we will issue a credit to your credit card in the amount of the charge.
PRICING & AVAILABILITY
Please confirm you have selected pricing in US dollars. All prices are subject to change without notice and you agree that taxes may be adjusted from the amount shown on the billing screens. Several factors may cause this, such as variances between processor programs and changes in tax rates. Finally, while we strive to provide our customers with accurate pricing information, nevertheless, sometimes pricing or typographical errors may occur. In the event that an item is listed at an incorrect price due to an error in pricing, we reserve the right, at our sole discretion, to refuse or cancel any orders placed for that item.
All items are subject to availability and we reserve the right to reject all or part of an order and to discontinue products or services without notice, even if you have already placed your order, in which case a full refund will be given. Gray Horse Leatherworks also reserves the right, in its sole discretion, to determine and limit the number of items purchased per order, per household, or per person. These restrictions may be applicable to orders placed by the same account, the same credit card, and also to orders that use the same billing and/or shipping address.
DEFECTIVE PRODUCTS
Please inspect your purchase immediately upon arrival. Damaged shipments from handling must be claimed with the freight carrier. If any items are missing, be sure to note this on the freight bill. If you notice concealed damage after the driver has left, keep all the packing and call the freight carrier to return and inspect the damage and file a claim. Gray Horse Leatherworks is not responsible for damage caused by the freight carrier.
Be sure to inspect your purchases and gear closely prior to any use and never use any gear that appears defective or shows excess wear and tear. If you believe a product sold by Gray Horse Leatherworks has a condition or defect that might make it unsafe, please report this safety concern immediately via email at GrayHorseLeatherworks@gmail.com. Note that small imperfections that do not affect durability or function are to be expected in products crafted from natural materials, and are not considered product defects.
SHIPPING & HANDLING
When we ship to you or per your directions, you agree to pay the shipping and any handling charges shown on the Sites when your order is placed. We reserve the right to increase, decrease and add or eliminate charges from time to time and without prior notice, accordingly, you agree to check all charges before placing an order. Any projected shipping times are estimates only – actual delivery dates may vary.
PAYMENT; CREDIT FOR REFUNDS
Only valid credit cards or other payment method acceptable to us may be used and in the event of a refund will be credited to the same card or, in our discretion, other method. By submitting your order, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order (including taxes, shipping, handling and any other amounts described on the Sites) to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically. Please note: we reserve the right to replace a defective product rather than issue a refund.
ERRORS
We attempt to be as accurate as possible and eliminate errors on the Sites; however, we do not warrant that any product, service, description, photograph, pricing or other information is accurate, complete, reliable, current or error-free. In the event of an error, whether on the Sites, in an order confirmation, in processing an order, delivering a product or service or otherwise, we reserve the right to correct such error and revise your order accordingly if necessary (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of such error is to cancel your order and obtain a refund.
AGREEMENT TO CONDUCT TRANSACTIONS ELECTRONICALLY; RECORDING; COPIES
You agree that all of your transactions with or through the Sites may, at our option, be conducted electronically from start to finish, and that any oral conversations may be recorded. If we decide to proceed non-electronically, those transactions will still be governed by the remainder of these Terms unless you enter into different terms provided by us. You are responsible to print or make an electronic a copy of these Terms and any other contract or disclosure that we are required to provide to you.
PART THREE
YOUR CONTENT
When you book a Service you provide to Gray Horse Leatherworks your personal data which we shall process in accordance with our Privacy Policy. In addition, you also provide to us information about your animal when you book an Service and/or attend a Service, and depending on the Service you have chosen this may include the location of your animal, medical and training history, experience together with photographs or videos ("Media") of your animal. In order that we can provide the Service to you to the best of our ability, you agree that all information you provide is accurate and complete.
You also agree that you have the right to provide Media to us and/or upload the Media to the Site and to allow us to prepare and conduct the Services. You shall use anti-virus checking software before you upload any Media to the Site. You shall be liable for any loss that we suffer as a result of your breach of this paragraph.
SERVICES
All Service bookings are non-transferable to another person. When you book a Service you agree to comply with the rules and regulations of the venue of your choosing, and you agree that we shall be entitled to refuse you Service and/or leave the venue if you fail to do so.
You may not film, photograph or otherwise record the Service without express permission from Gray Horse Leatherworks. You agree that we may film, photograph or otherwise record your attendance, including any feedback you give to us and use such recordings for any purpose relating to our business including on our Site.
For reasons outside of our control, we may need to reschedule a Service. We shall contact you by email as soon as we are able to do so in such circumstances with details of the new venue. We shall have no liability to you if we are forced to reschedule, and/or for any failure to perform the Service for reasons outside of our control except to refund to you the paid cost of the Service.
REFUND AND CANCELLATION
Refund and cancellation policies depend on the Service or Product. Each Service or Product is clearly identified on the Site, but please contact us if you are unsure which you have booked and/or purchased.
PAYMENT
Services must be booked and purchased on this Site according to the deposit and travel fees "Fees" listed on the Service page. The remainder of the Fee for the Service is to be paid to Gray Horse Leatherworks at the time of the Service. If not paid in-person, User agrees to allow charges by Gray Horse Leatherworks for the balance remaining using the payment method for the original Purchase.
By booking a Service, you represent and warrant that you are authorized to use the designated card or method and authorize us to charge your order to that card or other method. If the card (or other method) cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or cancelled automatically.
DISCLAIMER
OUR CONTENT, SERVICES, AND ADVICE, IS NOT A SUBSTITUTE FOR TRUSTED VETERINARIAN CARE AND DOES NOT OFFER DIAGNOSIS OR TREATMENT. WE DO NOT DIAGNOSE MEDICAL ISSUES OR OFFER MEDICAL ADVICE. IF YOU HAVE ANY CONCERNS ABOUT YOUR ANIMAL'S HEALTH YOU SHOULD SEEK HELP FROM A VETERINARIAN.
ALL TESTIMONIALS WERE GIVEN FREELY AND ARE DEEMED TO BE TYPICAL RESULTS BUT ARE NOT INTENDED TO REPRESENT OR GUARANTEE THAT ANYONE WILL ACHIEVE THE SAME OR SIMILAR RESULTS.
YOUR ABILITY TO HANDLE, RIDE, AND COMMUNICATE WITH YOUR ANIMAL DEPENDS ON A VARIETY OF FACTORS. WE DO NOT PROMISE THAT ANY RESULT OR OBJECTIVE WILL BE ACHIEVED FROM A SERVICE PROVIDED BY GRAY HORSE LEATHERWORKS. THIS MEANS YOU MAY NOT SEE ANY CHANGE IN YOUR ANIMALS BEHAVIOR OR WELL BEING FOLOWING A CONSULTATION, CLINIC, OR MENTORING SERVICE.
YOU SHOULD BEHAVE CAREFULLY IF ANY SERVICE INVOLVES ACCESS TO ANIMALS. YOU AGREE THAT ANIMALS ARE UNPREDICTABLE AND YOU SHALL TAKE FULL RESPONSIBILITY FOR YOUR INTERACTIONS WITH ANIMALS.
LIMITATION OF LIABILITY
IN NO EVENT SHALL GRAY HORSE LEATHERWORKS BE LIABLE FOR SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS OR LOSS OF BUSINESS, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, NOR SHALL THE AGGREGATE LIABILITY OF GRAY HORSE LEATHERWORKS, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE SITES EXCEED THE PURCHASE PRICE OF THE PRODUCT OR SERVICE.
Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.