Privacy Policy
If you have questions or concerns regarding this statement, you should first contact the Equus Living administrators at
[email protected]
Equus Living is committed to protecting your privacy and creating a safe and secure online environment for anyone who visits and purchases on our Site.
Equus Living shares your concern about the protection of your personal information online. This is our policy regarding the privacy of information we collect on our web site located at www.Equusliving.com (the “Site”). This Privacy Policy includes examples of the types of personal information we collect and the kinds of companies with whom we share such information. These examples are illustrative and should not be considered a complete inventory of our information collection, use and sharing practices. We will comply with applicable Nevada state laws that may restrict the types of information we may disclose about you or require us to provide you with additional notices. Certain services, which you may a ccess on the Site, are provided by our third party partners, and protection of your information relating to such services will be governed by the privacy policy of such third parties. By accessing, browsing, purchasing from the Site and using the Site, you acknowledge that you read, understood and agreed to the Privacy Policy described herein.
Information We Collect
We may collect personally identifiable information (“Personal Data”) about you that you specifically and voluntarily provide to us while using the Site. Personal Data includes information that can identify you as a specific individual, such as your name, address, phone number, credit card number or email address.
Protecting Your Personal Data
The Personal Data you provide us is saved in a secure environment and is kept in our records to make it easier for you to use our services on return visits. Information collected by Equus Living is stored in a secure database(s), accessible only by Equus Living.
To prevent unauthorized access, maintain data accuracy, and ensure correct use of information, we will employ reasonable and current Internet security methods and technologies. Equus Living has created a secure environment for credit card transactions. Equus Living currently uses Secure Socket Layer technology to encrypt all your personal information, which may include credit card numbers, names and addresses to prevent your information from being read during transmission over the Internet.
Equus Living limits access to personal information about you to those employees whom we determine need access to that information to provide products or services to you. We maintain physical, electronic and procedural safeguards that comply with federal standards to guard your personal information. However, no security system is impenetrable. We cannot guarantee the security of our servers, nor can we guarantee that information users supply will not be intercepted while being transmitted to us over the Internet. Equus Living will not be responsible for any actual or consequential damages that result from a lapse in compliance with the Privacy Policy because of a security breach or technical malfunction.
How We Use the Information We Collect
We use the Personal Data we collect to provide you with the products and services you purchase or use from our Site, and to build features that will make the Site easier to use. This includes faster purchase requests, better customer support and timely notice of new and special offers.
From time to time, Equus Living may contact you to request feedback on your experience using the Site, to assist us in improving the Site, or to offer special savings or promotions to you, as a Site user. If you would prefer not to receive notices of special savings or promotions, you may simply opt-out from receiving them by contacting Equus Living administrators.
Sharing Your Personal Data
Equus Living does not sell your Personal Data to anyone. Equus Living may share your Personal Data with its subsidiaries and partners as described below:
Certain Services
In order to provide you with certain services, we may share your Personal Data with one of our third party partners, or require that you transact directly with a third party partner.
We may revise this list from time to time if we decide to offer additional services through these or other third-party partners.
Equine Seat’s Agents
Many of the operations we perform require us to hire other 3rd party companies to help us with these tasks. For example, Equus Living hires/contracts companies to help us handle mail and email (including sending and delivering packages, postal mail and email), analyze the data we collect, market our products and services, handle credit card transactions and provide customer service. The companies we employ to help us with these tasks have access to Personal Data to perform their functions, but may not use it for other purposes. Also, Equus Living requires all agents to whom Personal Data is disclosed to enter into confidentiality agreements to protect your Personal Data.
External Service Providers
When you use Equus Living to take advantage of any of our products and services, we may provide Personal Data to the airline, travel agency or other involved third-party. Equus Living may provide data to partner third parties with regard to special offers relating to the subject matter of the items purchased.
If you chose to opt in to receive promotional or information emails from Equus Living, we will occasionally send advertisements, marketing material or other offers on behalf of other businesses that we think might be of interest to you. This material is sent by Equus Living, and we do not give the other businesses your name or address. If you do not want to receive these advertisements, marketing material or other offers, please opt out of these communications by clicking on the unsubscribe link provided in each email.
Tell a Friend
If you choose to use our referral service to tell a friend about our site, we will ask you for your friend’s name and email address. We will automatically send your friend a one-time email inviting him or her to visit the Site. Equus Living stores this information for the sole purpose of sending this one-time email and tracking the success of our referral program.
Your friend may contact us at [email protected] to request that we remove this information from our database.
Future Business Transfers
Our business is constantly changing. In the event Equus Living goes through a business transition, such as a merger, acquisition by another company, or sale of all or a portion of its assets, your personally identifiable information will likely be among the assets transferred.
Compliance with Law and Protection of Equus Living
Equus Living reserves the right to release Personal Data in order to comply with the law. We may also release Personal Data to enforce or apply the terms and conditions applicable to our products and services, or protect the rights, property or safety of Equus Living, our users, or others.
Notification
If none of the categories described above apply, we will notify you if we believe it is necessary and appropriate to share your Personal Data with someone else. You will have the right to tell us not to share your Personal Data.
Our Policy Concerning Cookies
To serve you faster and with better quality, we use “cookie” technology. Cookies are small bits of code, usually stored on a user’s computer hard drive, which enable a Web site to “personalize” itself for each user. We use cookies to reduce the time it takes for you to submit purchase requests. No third party has access to the information we collect this way. You can always choose to not receive a cookie file by enabling your Web browser to refuse cookies or prompt you before accepting a cookie. By refusing to accept a cookie, you will not be able to access some parts of Equus Living.
Third Party Ad Serving
Equus Living also uses a third-party advertising company to serve ads when you visit our site. The company may use information (not including your name, address, email address or telephone number) about your visits to our and other web sites, in combination with non-personally identifiable information about your purchases and interests from other online and offline sources, in order to provide advertisements about goods and services of interest to you. For these purposes, we and our third-party advertising company may note some of the pages you visit on our site through the use of pixel tags (also called clear gifs). In the course of serving advertisements to this site, our third-party advertiser may place or recognize a unique cookie on your computer.
How You Can Access or Change Your Personally Identifiable Information
Equus Living understands that you may want to change or access your Personal Data. Equusliving.com collects email addresses, names, and other personally identifiable information from users who register at Equusliving.com. To change your personally identifiable information, sign in and go to your “My account” page. You may submit requests to change or remove Personal Data by emailing [email protected]
Amendments to this Privacy Policy
If Equus Living decides to change our privacy policy, we will post those changes to this privacy statement, and/or the homepage, and/or other places we deem appropriate so that you are aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We reserve the right to modify this privacy statement at any time, so please review it frequently. If we make material changes to this policy, we will notify you here, and/or by email, and/or by means of a notice on our homepage.
A Special Note about Children
Persons under the age of 18 are not eligible to use any services on our Site. Equus Living does not knowingly collect information from anyone under the age of 18.
How to Contact Us
Should you have any questions, concerns or comments please email us at [email protected]
© 2014 Equus Living, all rights reserved. Equus Living, is a trademark of Equus Living, LLC.
Terms and Conditions
All requests for tickets, registrations and ads and ticket, registration and ad purchases from and through Equus Living, whether by internet, phone or in-person, are subject to these Terms & Conditions. When you request or purchase tickets, registrations and ads from or through Equus Living you are confirming that you have fully read these Terms & Conditions, and agree to by bound by them.
Overview:
- Equus Living is an Equine ticket/Registration and Ad marketplace in business since January 2014.
- Our network of suppliers own, price, fulfill and ship the tickets offered on our site.
- Ticket prices are set by the seller and may be higher than the face value printed on the ticket.
- Registration prices are set by the seller and may be higher than the face value displayed on the registration.
- Ad prices are set by the seller and may be higher than the face value displayed on the ad.
- Tickets will be sent to you via the delivery method selected at checkout as soon as they are physically available to send.
- Registration information will be sent via email or by delivery carriers.
- Ad information will be sent via email or by delivery carriers.
- All orders must be confirmed. Confirmed orders are covered by our Equus Living money-back guarantee.
- Cancelled events will receive a refund. Postponed or rescheduled events will not.
- All sales are final; there are no cancellations or exchanges.
Our Terms & Conditions include the following provisions:
- Order Processing & Confirmation
Ticket, Registration and Ad Request
When you check out on our website Equus Living (or with an Equus Living representative on the phone, at our office, or in-person), you are submitting a ticket, registration and ad request which we must then confirm with our suppliers. Equus Living cannot guarantee the ticket, registration or ad price displayed on our website, or even that the tickets, registrations and ads will be available, until we can confirm your order with our supplier. If the ticket, registration and ad price goes up after you place your order, Equus Living cannot confirm your order at your submitted price and you must re-submit your order for the higher price. You will not be automatically charged the higher price.
Order Confirmation
Your order will be confirmed once Equus Living has verified the tickets, registrations and ads are available with our supplier at the price you have agreed to. As soon as we confirm your order, we will charge your credit card the full purchase price (ticket, registration or ad price, service charge, applicable tax and shipping charges). Once your credit card is charged you will receive an Order Confirmation email that includes your invoice number. When Equus Living charges your credit card and sends you the Order Confirmation email, your order is protected according to the terms of our Equus Living Guarantee. We will then send your tickets, information on your registration and or ad or notify you when the tickets, registrations or ads are ready. You may see a date on a ticket posting stating an “estimated arrival date” or “estimated ship date.” This is provided by the ticket supplier who has not yet received the tickets but who has an expectation of when the tickets will be received or can be delivered. It is an estimate only.
Unable to Confirm Tickets, Registrations or Ads
If we are unable to confirm your ticket, registration or ad request, you will receive an email or phone call to notify you that your order could not be confirmed.
Order Processing
If after two (2) business days you have not heard from us, please contact our office to check on your order. Placing an additional order with us, or elsewhere, while your original order is being confirmed may result in you buying extra tickets, registrations or ads. You are responsible for checking your email, including your SPAM filter, for order information from Equus Living. Order processing and instant download tickets may be delayed if additional credit card security checks are required.
- Ticket, Registration and Ad Prices
Unless prohibited by applicable law, the price you pay for tickets, registrations and ads may be substantially higher than face value, which is the price printed on the ticket, registrations and ads. All ticket, registration and ad prices are subject to change at any time, without notice, until we charge your credit card. All ticket prices are in US Dollars ($USD). - Equus Living Guarantee
Our equine event specialists personally confirm your order, so you can be 100% confident in your purchase. Once your order is confirmed, it is covered under the Equus Living Guarantee. Equus Living guarantees:
- Valid & Authentic Tickets – Your tickets will be valid and authentic.
- Valid & Authentic Registrations and Ads.
- On Time Delivery – Your tickets, registration and ad information will be delivered in time for your event.
- Customer Service, 7 days a week – Our team is available to meet your needs.
- Event Cancellation Refunds – You will receive a refund if the event is cancelled and not rescheduled.
- PCI Compliant
- Secure Transaction
Contact Equus Living With Any Order Problem
Communicating a problem quickly and clearly helps our chances of solving any issues you may encounter.
If the tickets, registrations or ads on your confirmed order are not received before the event, please contact us so we can work with the seller to deliver the tickets, registrations or ads to you. If the tickets, registrations or ads or acceptable substitutes cannot be delivered prior to the event, then Equus Living will refund 100% of your payment for the undelivered tickets, registrations or ads.
If the tickets, registrations or ads on your confirmed order are deemed invalid and not honored by the venue, then please contact us so we can attempt to procure replacement tickets, registrations or ads for the event. If acceptable substitutes cannot be delivered for the event, then Equus Living will refund 100% of your payment for the invalid ticket, registration or ad.
If the tickets, registrations or ads you receive are not as good as or better than the ones you ordered, then please contact us immediately. Equus Living at its sole discretion will determine whether tickets, registrations or ads meet the criteria and if they do not, Equus Living will work with you to exchange tickets, registrations or ads where practical. At Equus Living discretion we may choose to simply refund 100% of your payment for the tickets, registrations or ads if the tickets, registrations or ads are returned in manner we request.
- Refund Policy
If your event is cancelled, and not rescheduled, you are eligible to receive a refund under the Equus Living Guarantee. If part of an event is cancelled we are unable to offer refunds. If your event is postponed or rescheduled, and your same tickets, registrations or ads will be honored for the event at another date or venue, we are unable to offer refunds. If your event is cut short or partially cancelled, we are unable to offer refunds. If a cancellation causes new tickets, registrations or ads to be issued for an event, then Equus Living will refund your payment for the tickets, registrations or ads.
Refund Request Form
To process a refund, Equus Living must receive an email requesting a refund with a valid reason from you within five (5) business days after the date of your event. Once we receive your request, an Equus Living representative will contact you to discuss your request.
Ticket, Registration and Ad Return Requirements
If you received your tickets, registrations or ads but you are claiming a refund under the Equus Living Guarantee, you must return your tickets, registrations or ads to Equus Living in the manner and by the deadline requested by the Equus Living representative. If your event is cancelled in advance of its scheduled date and is eligible for the Equus Living Guarantee, you must also return your tickets, registrations or ads to Equus Living so that Equus Living receives them within five (5) business days of the announced cancellation. Be sure to return your tickets, registrations or ads using a reliable method of return that issues you a receipt, so you can be sure we get them on time. Purchases for conditional equine events that are not shown will receive a full refund. In some cases you may be required to return any tickets, registrations or ads that have already been received.
- Ticket, Registration and Ad Delivery & Shipping
Delivery/Shipping Procedures
Your tickets, registrations or ads will be sent to you via the delivery method selected at checkout as soon as they are physically available to send.
Registration information will be delivered via email or sent by USPS, UPS, Fedex or similar mail carrier.
If your tickets are e-Delivery, a link to print your tickets will be sent to the email address you provided once your tickets are confirmed by the seller.
If your tickets, registrations or ads are being shipped, Equus Living is not responsible for FedEx, UPS, USPS (or other similar delivery service) (hereafter “Delivery Carriers”) delivery delays. Tickets, registrations are only shipped on business days, not on weekends and holidays. Equus Living does not require a signature on delivery; you must notify us in writing when ordering if you want us to require a signature. You must provide a valid address where we can ship your tickets, registrations or ads; it should be a location where Deliver Carriers can safely leave your tickets, registrations or ads. If your tickets, registrations or ads are returned to us by Delivery Carriers, we will attempt to contact you to get an alternate address. If you are not available or if you refuse delivery of your tickets, registrations or ads we have the right, but not the obligation, to re-sell the tickets, registrations or ads. Additional Shipping fees may apply for expedited orders or orders shipping internationally.
Order Tracking
If you received an Order Confirmation, were charged, but still have not received your tickets, registration or ad information within two (2) business days of the event – please contact us immediately.
Check your Tickets, Registrations or Ads
Please check your tickets, registrations or ads carefully once they arrive, you receive information on the event, or you pick them up. You must notify Equus Living within 48 hours of receiving your tickets, registrations or ads and before your event, if the tickets, registrations or ads are different from what you ordered. You are solely responsible for safekeeping of the tickets, registrations or ads you purchase. Equus Living cannot replace tickets, registrations or ads if they are lost, stolen, left at home/work, or damaged.
Special Delivery & Pick-up
If your order requires on-site pick-up, then an Equus Living representative will contact you to provide details on how to pick-up your tickets, registrations or ads. Additional charges may apply for any special delivery options needed for your order.
- Ticket Reservations
Equus Living offers Ticket Reservations for certain events which are identified on our website. A Ticket Reservation is for tickets that are not in our possession at the time of your order. Equus Living will find and procure the tickets within the stated parameters (e.g. – “Seat in Section A – $50.00”), from our network of suppliers, once your order is placed. Equus Living will charge your credit card when you place your order, at which point you cannot cancel even if you make a mistake placing the order, your plans change or you find other tickets. Actual tickets obtained through Ticket Reservations are only guaranteed in pairs regardless of how many Ticket Reservations are ordered.
Ticket Reservations are protected under our Equus Living Guarantee, which states we will refund your money if we are unable to obtain the tickets. If we fail to deliver tickets within the stated parameters on your order, Equus Living may offer to upgrade or downgrade the tickets on your Ticket Reservation. We will contact you to verify that any upgraded or downgraded tickets are suitable and discuss with you whether compensation to offset a downgrade is appropriate. There will be no additional cost to you for upgraded tickets. If you do not want the downgraded tickets you can request a 100% refund under the terms of the Equus Living Guarantee, in effect at the time of the order, and we will return a sum equal to 100% of any payments made for the undelivered tickets.
- Registration Reservations
Equus Living offers Registration Reservations for certain events which are identified on our website. A Registration Reservation is for events that are not in our possession at the time of your order. Equus Living will find and procure the registration within the stated parameters (e.g. – “Dressage Clinic Date Place and Time -$50.00”), from our network of suppliers, once your order is placed. Equus Living will charge your credit card when you place your order, at which point you cannot cancel even if you make a mistake placing the order, your plans change or you find other registrations. Actual registrations obtained through Equus Living Reservations are only guaranteed in pairs regardless of how many Registration Reservations are ordered.
Registration Reservations are protected under our Equus Living Guarantee, which states we will refund your money if we are unable to obtain the registration. If we fail to deliver the registration within the stated parameters on your order, Equus Living may offer to upgrade or downgrade the registration on your Registration Reservation. We will contact you to verify that any upgraded or downgraded registration are suitable and discuss with you whether compensation to offset a downgrade is appropriate. There will be no additional cost to you for upgraded registration. If you do not want the downgraded registration you can request a 100% refund under the terms of the Equus Living Guarantee, in effect at the time of the order, and we will return a sum equal to 100% of any payments made for the undelivered registration.
- Ads
Equus Living offers Ads Reservations for certain events which are identified on our website. An Ad Reservation is for Ads that are not in our possession at the time of your order. Equus Living will find and procure the ads within the stated parameters (e.g. – “Spring Show- $50.00”), from our network of suppliers, once your order is placed. Equus Living will charge your credit card when you place your order, at which point you cannot cancel even if you make a mistake placing the order, your plans change or you find other ads. Actual ads obtained through Ad Reservations are only guaranteed in pairs regardless of how many Ad Reservations are ordered. Ad Reservations are protected under our Equus Living Guarantee, which states we will refund your money if we are unable to obtain the ads. If we fail to deliver ads within the stated parameters on your order, Equus Living may offer to upgrade or downgrade the ads on your Ad Reservation. We will contact you to verify that any upgraded or downgraded ads are suitable and discuss with you whether compensation to offset a downgrade is appropriate. There will be no additional cost to you for upgraded ads. If you do not want the downgraded ads you can request a 100% refund under the terms of the Equus Living Guarantee, in effect at the time of the order, and we will return a sum equal to 100% of any payments made for the undelivered ads.
- Discount Codes
Discount Codes
Equus Living discount codes are limited to use during the time period specified in our advertised promotion. Discount code must be applied prior to purchase and can only be used once per household. Equus Living will not allow purchases with expired discount codes. - All Sales are Final
Please only order tickets, register for events and place ads after you are sure that you want them and have read and understood all of Equus Living Terms & Conditions. Also make sure the tickets, registrations and ads you order are for the correct event, date and time; you cannot cancel your order, change or exchange your tickets, registrations or ads if you do order incorrectly, or if your plans change or your ability to attend an event changes. If you decide that you want to change your tickets, registrations and ads after they are ordered, we do not provide refunds, cancellations or exchanges. Equus Living reserves the right to cancel and refund the buyer’s order at any time for any reason. - Credit Card Purchases
Certain orders may require you to provide additional proof of your identity before we can process the order. Credit card purchases do not grant any variances from our Terms & Conditions; you are still responsible for complying with our Terms & Conditions. Any attempt to defraud Equus Living may result in legal and criminal action brought against you. - Event Dates & Times Subject to Change
Event dates and times printed on the ticket, registration or ad listed on our website, or in any correspondence from Equus Living, are always subject to change. It is your responsibility to check with the event sponsor and venue for any possible changes in date and time prior to the event. In addition, certain events may have minimum age requirement to attend; it is your responsibility to confirm age eligibility for attendees prior to purchase. Subject to the subject and terms and conditions on the tickets purchased. - Ticket, Registration and Ad Holder Responsibilities and User Warranties
Before Listing Tickets, Registrations or Ads for Sale
When listing tickets, Registrations or Ads for sale with Equus Living, you agree that you properly hold the Tickets, Registrations or Ads to be listed and have the right to offer them for sale. Pricing tickets, registrations or ads is the sole responsibility of you, the seller, and must be done in accordance with all applicable laws. You agree to provide complete, factual and accurate information about the tickets, registrations or ads in accordance with the information on the face of the tickets, registrations or ads and to the best of your knowledge.
Unless otherwise agreed with Equus Living, you may not list tickets, registrations or ads for sale prior to owning the tickets, registrations or ads (speculative tickets, registrations or ads). Equus Living reserves the right to suspend or block you as a user of the Equus Living website if it suspects that you are selling speculative tickets, registrations or ads you do not own.
At the Event
By ordering tickets, registrations or ads from Equus Living, you agree to abide by all behavior and conduct policies and rules at the venue where the event is located. Should you or your guests’ behavior cause your ejection from the event, then you are solely liable for any fines or financial losses that occur as a result of your misconduct. Fan support is best when it is positive; please exhibit good sportsmanship, horsemanship and showmanship at all times.
Equus Living is not responsible for the actions of the crowd or horses or other such livestock or animals at your event. If someone is sitting in your seat when you arrive, it is your responsibility to ask them to move or ask an usher or other venue representative to seat you. Equus Living is not responsible for any changes made at the venue including, but not limited to, seating arrangement, stage set-up, hospitality areas, or security checks which may delay your entrance to event. If any cameras or audiovisual equipment obstruct the view from your seats, it is your responsibility to ask an usher to remove the obstruction or re-seat you.
EQUUS LIVING IS NOT RESPONSIBLE FOR INJURY, ACCIDENT, DAMAGE, DEATH OR THEFT AT ANY EVENT
User Warranties
You warrant that you will comply with all applicable local, state, federal and international laws, statutes and regulations regarding use of the Equus Living site, including those governing consumer protection, unfair competition, anti-discrimination or false advertising.
You warrant that any information you provide to Equus Living, to other users, or to visitors, and your activity on the Equus Living website: (a) is not fraudulent, false, inaccurate, misleading or defamatory; (b) does not involve the sale of counterfeit or stolen items; and (c) does not infringe any third party’s intellectual property rights or rights of publicity or privacy.
- Suppliers
Equus Living generally works with ticket, registration and ad suppliers with whom Equus Living has established relationships. However, due to the high volume of ticket, registration and ad listings with Equus Living by commercial third party suppliers and individual sellers, it is not reasonably feasible for Equus Living to research and confirm every offer of tickets, registrations and ads listed with Equus Living prior to the placement of an order by a Equus Living customer. Equus Living does confirm availability with the supplier/seller when you order tickets, registrations and ads prior to charging your credit card. The procedure is described in these Terms & Conditions. Ticket, Registration and Ad Reservations, because they constitute an offer to procure a ticket, registration and ad that may not currently be available are treated separately – see Section 7: Ticket Reservation, see Section 8: Registration Reservation see Section 9: see Ad Reservation for more details. - Typographical Errors or Inaccuracies
Equus Living is not responsible for typographical mistakes, inaccurate notes, tickets, registrations or ads that are mislabeled or other errors by suppliers who post tickets, registrations or ads for sale/registration on our website. If we discover this type of error before we confirm your order then we will notify you that your order was not confirmed. The seating chart on our website is included as a convenience and is shown to provide a general view of the venue in accordance with the information we have received, which may or may not be accurate. It is your responsibility to confirm the exact location in the venue of the tickets, registration and ads we offer.
Information on this website may contain technical inaccuracies or typographical errors. Please notify us if you discover any such instance. Equus Living reserves the right to make changes without notice.
Equus Living does not promise that its site, or any content, service, or feature thereof, will be error-free or uninterrupted, or that any defects will be corrected, or that your use of our website will provide specific results. Equus Living reserves the right to modify, suspend or terminate operation of this site or full or partial access thereto without notice and for any reason.
- Limitation of Liability & Disclaimer of Warranty
EQUUS LIVING SOLE OBLIGATION OR LIABILITY FOR UNDELIVERED TICKETS, REGISTRATIONS OR ADS OR ANY OTHER TICKET, REGISTRATION OR AD PROBLEMS IS LIMITED TO THE EQUUS LIVING GUARANTEE, WHICH IS OUR 100% MONEY-BACK GUARANTEE TO YOU, THE PERSON WHO BOUGHT THE TICKETS, REGISTRATION OR AD. EQUUS LIVING IS NOT RESPONSIBLE FOR PROVIDING REIMBURSEMENT TO ANYONE FOR TRAVEL, LODGING, OR OTHER EXPENSES UNDER ANY CIRCUMSTANCES UNLESS THOSE ITEMS ARE SPECIFICALLY INCLUDED AS PART OF A PACKAGE THAT IS PURCHASED FROM EQUUS LIVING.
THE PRICE YOU PAY FOR TICKETS, REGISTRATIONS OR ADS MAY BE SUBSTANTIALLY HIGHER THAN FACE VALUE, WHICH IS THE PRICE PRINTED ON THE TICKET, REGISTRATION OR AD.
EQUUS LIVING PROVIDES ITS WEBSITE AND SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND DISCLAIMS ALL WARRANTIES OF ANY KIND, STATUTORY, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF ACCURACY, NONINFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
EXCEPT AS EXPRESSLY SET OUT IN THE EQUUS LIVING GUARANTEE, EQUUS LIVING FURTHER DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS OR CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE OR ANY OF EQUUS LIVING SERVICES.
EXCEPT WHERE PROHIBITED BY LAW, EQUUS LIVING WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON, EQUINE OWNER, EQUINE PARTICIPANT, EQUINE FACILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOST PROFITS, EVEN IF EQUUS LIVING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN THE EVENT EQUUS LIVING IS REQUIRED TO SEEK LEGAL REMEDIES TO RECOVER FEES AND/OR RESOLVE DISPUTES WITH YOU, YOU AGREE THAT EQUUS LIVING IS ENTITLED TO RECOVER ALL OF ITS COSTS ASSOCIATED WITH SUCH ACTION, INCLUDING BUT NOT LIMITED TO REASONABLE ATTORNEY’S FEES AND OTHER COSTS.
You agree to indemnify and hold Equus Living and its shareholders, officers, directors, representatives, employees, agents, parents, subsidiaries, and affiliates harmless from any demands, loss, liability, claims or expenses (including but not limited to attorneys’ fees and other costs) that are made against Equus Living by any third party (including but not limited to any governmental or third party claim pertaining to federal, state, or local government tax obligations) in connection with, due to or arising out of your breach of these Terms & Conditions, your use of this website or any transaction with or related to Equus Living.
CHOICE OF LAW AND VENUE PROVISIONS: You acknowledge and agree that all matters relating to your use of this website or your transaction(s) with Equus Living will be governed by the laws of the United States and the state of Nevada. You also agree to jurisdiction and venue in the state and federal courts within Clark County, Nevada.
- Intellectual Property
The content of this website is protected by law, including without limitation U.S. copyright law, trademark law, and applicable international treaties. You are granted permission to display, reproduce, distribute, and download the materials on this Website solely for your own personal, non-commercial use, provided that none of the content is modified and all of Equus Living legal legends are retained. You may not “mirror” any content contained within this Website without the express prior written consent of Equus Living. Except as stated herein, none of the content may be reproduced, distributed, published, displayed, downloaded, or transmitted in any form by any means without the prior written permission of Equus Living or the appropriate copyright owner. Equus Living does not grant you any licenses, express or implied, to the intellectual property of Equus Living or its licensors except as expressly stated in this Agreement.
If you believe that your work has been copied and posted on the website in a way that constitutes copyright infringement, please provide our Copyright Agent with the following information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed; (iii) a description of where the material that you claim is infringing is located on the Website; (iv) your address, telephone number, and primary email address; (v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
When you post content on Equus Living website, you are granting to Equus Living a non-exclusive, perpetual, transferable, irrevocable, assignable, royalty-free, fully paid, sub-licensable license to use, reproduce, distribute, display, store, digitally perform, encode, publish, sell, offer for sale, import and commercialize such content, without limitation and without any compensation or acknowledgment to you or any third party.
- Website Usage & Disclaimer
Aside from our listed official sponsorships, we are not affiliated with nor endorsed by any of the artists, teams, equestrians, venues or organizations listed on this website. Equus Living may modify these Terms & Conditions at any time, and your use of this site will be conditioned upon the Terms & Conditions in force at the time of your use. When you use our website to request tickets, registrations and ads it signifies your agreement to our Terms & Conditions. - Acknowledgement of Terms & Conditions
By using this website and/or placing an order for tickets, registrations and ads I acknowledge and agreed to be bound by the Equus Living Terms & Conditions.
Effective date: January 1st 2014
- Entire Agreement
This Agreement contains, and is intended as, a complete statement of all the terms of the arrangements between the parties with respect to the matters provided for, supersedes any previous agreements and understandings between the parties with respect to those matters.
- Acceptance
By purchasing tickets, registrations or ads, you are thereby accepting these terms and conditions.
- Severability
If any provision of this agreement is determined to be legally invalid, inoperative or unenforceable, only that particular shall be affected, and the determination shall have no effect whatsoever on any other provision of this agreement, and all other provisions shall remain in full force and effect and fully enforceable.
- Amendment and Waiver
This agreement may not be amended, modified or supplemented without the written consent or agreement of all parties. No waiver or consent to departures from the provisions hereof shall bind any party who has not given such waiver or consent in writing. No wavier of any provision hereof shall be construed as a continuing waiver of any provision hereof.
- Binding Effect
This Agreement shall be binding on and inure to the benefit of the parties hereto and their respective legal representatives, heirs, successors and assigns.
Additional Ticket specific Policies
General Equusliving.com acts as an intermediary between buyers and ticket sellers (“TICKET SELLERS”) to facilitate the purchase and sale of event tickets, and as such is not directly involved in the actual ticket sale transaction between the buyers and TICKET SELLERS. All sales are final. As tickets sold through SITE are often obtained through the secondary market and prices are determined by the individual ticket seller, the prices for tickets may be above or below face value. Tickets sold through SITE are from a third party; therefore, the buyer’s name will not be printed on the tickets. Please note that the name on the tickets does not affect the buyer’s ability to access the event.
The following are the rules (“TERMS”) that govern use of the Equusliving.com Web Site (“SITE”) by the user of the SITE (“USER”). By using or visiting the SITE, USER expressly agrees to be bound by these TERMS and to follow these TERMS and all applicable laws and regulations governing the SITE. SITE reserves the right to change these TERMS at any time, effective immediately upon posting on the SITE. If USER violates these TERMS Equusliving.com may terminate USER’S access to the SITE, bar USER from future use of the SITE, cancel USER’S ticket order, and/or take appropriate legal action against USER.
Above Face Value Tickets sold through SITE are often obtained through secondary market TICKET SELLERS and are being resold, in many cases, above the price or “face value” listed on the ticket. All ticket prices include additional service charges and handling fees as defined on each order. SITE and its TICKET SELLERS are not directly affiliated with any performer, sports team, or venue; and SITE does not act as a primary sale box office, unless otherwise stated. By agreeing to these TERMS, USER agrees that the purchase price for tickets on their order does not reflect the original purchase price of the ticket and may be either higher or lower than the original purchase price.
Orders placed through SITE will be fulfilled by one of SITE’S network of participating TICKET SELLERS. Contact information for the TICKET SELLER who fulfills USER’s order (hereinafter known as “FULFILLER”) will be provided to USER upon completion of the purchase process. If this information is lost, USER may contact [email protected] to retrieve information about the order.
All sales are final Since tickets are a one-of-a-kind item and not replaceable, there are no refunds, exchanges or cancellations. If an event is postponed or rescheduled, tickets will be honored for the rescheduled date. New tickets will not need to be issued. If an event is cancelled without a rescheduled date, USER will need to contact the FULFILLER for a refund. The FULFILLER may require USER to return the supplied tickets at USER’s expense before receiving any refund USER is entitled to due to cancellation. SITE is not responsible for providing or securing this refund for USER. Any shipping and handling charges are not refundable. Refunds will be processed in the same currency as the original order. Conversion charges, including though not exhaustive of the ones issued by USER’s bank, if any, are not covered by Equusliving.com or Fulfiller. Neither SITE nor the FULFILLER will issue exchanges or refunds after a purchase has been made or for lost, stolen, damaged or destroyed tickets. When USER receives tickets, USER should keep them in a safe place. Please note that direct sunlight or heat may damage tickets.
Pricing All prices are in United States Dollars (USD) unless otherwise specifically stated. SITE cannot confirm the price of an item until after an order is completed by USER. Despite SITE’S best efforts, a small number of the items listed on the SITE may be priced incorrectly. If the FULFILLER discovers an item’s correct price is higher than the stated price, the FULFILLER will either complete the order at the original price, contact USER to inform them of different price with an option to purchase, or cancel USER’S order and notify USER of such cancellation.
Schedule of Fees and Charges The price charged to USER’s credit card beyond the price of the individual tickets shall include the following fees and charges:
Service Fee: Cost per ticket associated with SITE operation, customer service center operation, and other costs associated with the fulfillment of USER’s ticket request.
Delivery: Costs associated with the Delivery Method chosen by USER and the SITE’S arrangement of USER’s ticket delivery by the FULFILLER.
Total: Entire amount charged to USER, including each ticket’s price as set by the FULFILLER, Service Fee, and Delivery.
Taxes Prices stated on the SITE do not include any state or other local taxes that may apply to USER’S order. TICKET SELLERS may collect sales tax as is appropriate for their locality. If taxes are applicable to USER’S order they will be added to USER’S order as a separate charge in addition to the TOTAL.
Payment
- Credit Card Charges USER’s credit card will be charged by the FULFILLER responsible for fulfilling their order and not SITE. If USER has any questions about charges on USER’s credit card statement, USER should contact SITE at [email protected] or direct USER’s question to FULFILLER responsible for completing the ticket order. FULFILLER may charge or authorize USER’s credit card in advance of confirming ticket availability. If tickets are ultimately found to be unavailable, the USER’s credit card will not be charged or USER will receive a full refund for the charged amount.
- Payment by Debit Card In some cases, FULFILLER may attempt to authorize a debit card multiple times, creating several holds on USER’s account. This often happens when a third-party credit card processing company requires additional security verification such as a CVV, Zip Code, or address, or when USER’s information is incorrectly provided or mistyped. Though the FULFILLER will only clear USER’s transaction once, the hold(s) will temporarily lower USER’s available balance. Any hold(s) may take up to several days to clear.
- Third Party Payment Platforms (Paypal, ApplePay, etc.) If USER selects to complete the transaction using a Third Party Payment Platform, such third party services may be subject to separate policies, terms of use, and or fees of said third parties and USER accepts the same by completing the transaction using the Third Party Payment Platform. The name on the transaction of USER’s Third Party Payment Platform account will be “My Ticket Tracker.” If USER has any questions about the transaction on the Third Party Payment Platform account, USER should contact [email protected].
International Orders International Orders placed by USER may be subject to delayed processing. SITE recommends that USER contact their credit card company or financial institution prior to placing an order to prevent unnecessary delays or holds. Neither SITE, nor FULFILLER shall be responsible for delays, holds, or any extra fees associated with placing an International Order.
Disputed Charges USER is responsible for any and all legal fees incurred by USER, FULFILLER, and/or SITE associated with USER’S disputed charges and chargebacks for purchases made on SITE. In no event will SITE or FULFILLER be responsible for such legal fees.
Event Listings SITE does not guarantee the accuracy of event information on SITE including but not limited to event name, event location or venue, event start time, or event date.
Ticket Holder Behavior Policy The USER agrees to abide by all rules and policies of the venue where the event is located relating to conduct and behavior. Should the USER be ejected from the event for failure to abide by the venue’s rules and policies, USER shall be subject to all applicable fines and legal or other expenses associated with the ejection. Further, should the ejection result in the loss of the TICKET SELLER’s right to use any other season tickets at that venue, or the right to purchase other tickets from that venue, USER shall be held liable for all reasonable costs, expenses, and losses associated with said loss, including but not limited to all direct, indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits.
Ticket Availability SITE cannot guarantee ticket availability until USER is in possession of their tickets. Generally, all ticket listings on SITE are a unique set of tickets from an individual TICKET SELLER. Some ticket listings on SITE may only be representations of available tickets and not actual seat locations or currently available tickets. Occasionally tickets ordered may no longer be available at the price or in the quantity originally ordered at the time the order is received. If equivalent or better seat locations are available at the same price, the TICKET SELLER will fill the order with the alternative seat locations. If no alternates are available, either USER’S credit card will not be charged at all or the entire amount will be refunded, and USER will be notified that the ticket request has been rejected.
Fraudulent Use In order to protect USER from fraud, USER may be required to provide additional proof of identify on any order. Proof of identity may include but is not limited to a signed credit card authorization and/or photocopies of public documents such as a state driver’s license or federal passport.
Shipping All orders are shipped to USER using the delivery method chosen for the order. Most orders are shipped the same business day in which they are received. Orders placed after business hours may be shipped on the next business day. Shipments may require direct signature at the point of delivery.
Delayed Shipment Event tickets are generally delivered according to the delivery method selected at the time of ticket checkout. Most orders are shipped the same business day in which they are received or, if placed after business hours, orders may be shipped on the next business day. However, tickets may not always be available for immediate delivery, particularly in cases when the tickets have been purchased far in advance of the event in question or for certain events including but not limited to the following: all off-season orders for professional sporting leagues, concerts, and Las Vegas events tickets. While most tickets are delivered within three business days of the delivery method chosen, this does not imply a guaranteed delivery date. In these situations tickets may be marked with an estimated ship date. USER will be provided with account access information that will allow them to view the status of their order and tracking information, if available, after purchase. In the case where tracking information is not available USER may contact a representative of the FULFILLER for shipment information or an estimated delivery date. Tickets will be shipped when available, and choice of an expedited delivery method does not guarantee that tickets will be shipped immediately. USER should check the order notes for the estimated delivery date.
International Shipping If USER is located outside of the United States, USER must choose an International Delivery option. If a domestic shipping option is chosen for an order to be shipped outside the United States, the shipping cost will be adjusted by the FULFILLER after the order is placed to use the International Rate.
Delivery Verification If USER specifies a shipping address that does not allow for Delivery Verification, such as a Post Office Box, USER may be required to pay an additional fee to cover the additional risks associated with this type of order. If such a shipping address is used, the FULFILLER will, at their discretion, either contact USER about the additional fee prior to shipping or cancel USER’S order and notify USER of such cancellation. Shipments may require direct signature at the point of delivery. Once FULFILLER has shipped the tickets, it is USER responsibility to receive the package. Should the package be refused, undelivered, or returned, refunds or credits will not be issued by FULFILLER as per the all sales are final term of these Terms. If a package has been returned and must be re-shipped by the FULFILLER, it is the USER responsibility to contact the FULFILLER for re-shipping options. USER understands that additional delivery fees may be charged prior to reshipping.
E-Ticket Instant Download Electronic tickets or “e-tickets” marked as “Instant” may not be available for immediate download in all circumstances. Due to potential fraud concerns, some “Instant” e-ticket purchases may be downgraded to regular e-ticket download to allow for additional processing. In such cases, USER will receive notification with USER’S receipt explaining that USER’S order has been downgraded to regular e-ticket download.
E-Ticket Download Electronic tickets or “e-tickets” may not be available for immediate download. After placing an order, USER will receive an email with instructions on how to download the tickets; therefore, it is important that USER provides accurate email address information during the order process. The USER will be required to enter order specific credentials to gain access to the tickets, and USER must have access to a printer from which to print the tickets. USER is responsible for contacting Customer Support should USER not receive the email instructions, be unable to download the tickets, or be unable to print the tickets. Neither SITE nor FULFILLER will issue refunds for USER’S failure to provide a correct email address or failure to print the tickets.
Will-Call Option USER must pick up the tickets at the box office of the venue approximately one hour before the scheduled start of the event. USER will need to bring a government-issued ID in order to claim the tickets. Should USER encounter a problem at the box office, USER must contact FULFILLER for assistance.
Permitted Use USER agrees that USER is only authorized to visit, view, and to retain a copy of pages of this SITE for USER’S own personal use, and that USER shall not duplicate, download, publish, modify, or otherwise distribute the material on this SITE for any purpose other than to review event and promotional information, for personal use, or to purchase tickets or merchandise for USER’S personal use, unless otherwise specifically authorized by SITE to do so. USER may not use any robot, spider, scraper, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve or in any way reproduce, circumvent, or interfere with the Site or its contents, nor may USER use any automated software or computer system to search for, reserve, buy, or otherwise obtain tickets from SITE. USER may not submit any software or other materials that contain any viruses, worms, Trojan horses, defects, date bombs, time bombs, or other items of a destructive nature. The content and software on this SITE is the property of SITE and/or its suppliers and is protected by U.S. and international copyright laws.
Links The SITE may automatically produce search results that reference or link to third party sites throughout the World Wide Web. SITE has no control over these sites or the content within them. SITE cannot guarantee, represent or warrant that the content contained in the sites is accurate, legal and/or inoffensive. SITE does not endorse the content of any third party site, nor does SITE warrant that they will not contain viruses or otherwise impact USER’S computer systems. By using the SITE to search for or link to another site, USER agrees and understands that USER may not make any claim against SITE for any damages or losses, whatsoever, resulting from use of the SITE to obtain search results or to link to another site. If USER experiences a problem with a link from the SITE, please notify SITE at [email protected] and SITE will investigate USER’S claim and take any actions deemed appropriate at SITE’S sole discretion.
Violation of the Terms SITE, in its sole discretion, and without prior notice, may terminate USER’S access to the SITE, cancel USER’S ticket order or exercise any other remedy available to it. USER agrees that monetary damages may not provide a sufficient remedy to SITE for violations of these terms and conditions and USER consents to injunctive or other equitable relief for such violations. SITE may release USER information by operation of law, if the information is necessary to address an unlawful or harmful activity against SITE. SITE is not required to provide any refund to USER if USER is terminated as a USER of this SITE.
Intellectual Property Information For purposes of these TERMS, CONTENT is defined as any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by USERS on the site. This includes, but is in no way limited to, message boards, chat, and other original content. By accepting these TERMS, USER acknowledges and agrees that all CONTENT presented to USER on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of SITE and/or its affiliates. USER is only permitted to use the CONTENT as expressly authorized by SITE or the specific CONTENT provider. Except for a single copy made for personal use only, USER may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from SITE or the specific CONTENT provider, and USER is solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties. Neither SITE or its affiliates warrant or represent that USER’S use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. All other trademarks or service marks are property of their respective owners. Nothing in these TERMS grants USER any right to use any trademark, service mark, logo, and/or the name of SITE or its affiliates.
SITE reserves the right to terminate the privileges of any USER who uses this SITE to unlawfully transmit or receive copyrighted material without a license or express consent, valid defense or fair use exemption to do so. After proper notification by the copyright holder or its agent to us, and confirmation through court order or admission by the USER that they have used this SITE as an instrument of unlawful infringement, SITE will terminate the infringing USER’S rights to use and/or access to this SITE. SITE may, also in its sole discretion, decide to terminate a USER’s rights to use or access to the SITE prior to that time if SITE believes that the alleged infringement has occurred.
Disclaimers SITE MAKES NO ASSURANCES THAT THE SITE WILL BE ERROR-FREE, UNINTERRUPTED, OR PROVIDE SPECIFIC RESULTS FROM USE OF THE SITE OR ANY SITE CONTENT, SEARCH OR LINK THEREIN. THE SITE AND SITE CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. SITE MAKES NO ASSURANCES THAT FILES USER ACCESSES OR DOWNLOADS FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. SITE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED INCLUDING ALSO ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. SITE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING WITHOUT LIMITATION, DIRECT, INDIRECT, VICARIOUS, INCIDENTAL, SPECIAL, PUNITIVE, LOSS OF BUSINESS OR LOSS OF PROFITS OR CONSEQUENTIAL DAMAGES, WHETHER BASED UPON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT, NEGLIGENCE, PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
SITE DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTY USERS, SITE USERS, ADVERTISERS AND/OR SPONSORS ON THE SITE, IN CONNECTION WITH THE SITE SERVICE OR OTHERWISE RELATED TO USER USE OF THE SITE AND/OR THE SITE SERVICE. SITE IS NOT RESPONSIBLE FOR THE PRODUCTS, SERVICES, ACTIONS OR FAILURE TO ACT OF ANY TICKET BROKER, VENUE, PERFORMER, PROMOTER OR OTHER THIRD PARTY IN CONNECTION WITH OR REFERENCED ON THE SITE.
Limitation on Liability USER acknowledges that SITE is a venue allowing people to buy and sell tickets to concert, sporting and entertainment events. The listings of ticket inventory on SITE are provided by a third party (“PROVIDER”). Neither SITE nor PROVIDER is involved in the actual transaction between buyers and sellers. While SITE and PROVIDER may help facilitate the resolution of disputes, neither SITE nor PROVIDER has control over the content of the tickets listed on SITE, the truth or accuracy of such listings, the ability of the FULFILLER to sell tickets, or that USER and FULFILLER will actually complete a transaction. Regardless of this provision, if either SITE or PROVIDER is found to be liable, SITE or PROVIDER’S liability to USER or any third party is limited to the greater of (a) any amounts due under SITE’s limited guarantee when applicable, (b) the amount of fees in dispute not to exceed the total fees of the transaction, or (c) $100.
Except in jurisdictions where such provisions are restricted, in no event will SITE or PROVIDER be liable to USER for any indirect, vicarious, consequential, exemplary, incidental, special or punitive damages, including lost profits, even if SITE and PROVIDER have been advised of the possibility of such damages. USER further agrees that the maximum available remedy on any successful claim is the greater of the choices listed in the paragraph above.
Indemnity USER agrees to indemnify and hold SITE, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of USER’S use of the SITE, including also USER’S use of the SITE to provide a link to another site or to upload content or other information to the SITE.
Governing Law USER agrees that any controversy or claim arising out of or relating to the use of SITE will be governed by the laws of the State of Connecticut without regard to its conflict of law provisions. USER agrees to personal jurisdiction by venue in the state and federal courts of the State of Connecticut, Hartford County.
Arbitration and Dispute Resolution Any controversy, claim, dispute, or other action, arising out of or relating to the use of SITE, any order placed on SITE, or these policies including any dispute over the validity, enforceability or scope of this arbitration provision (a “CLAIM” or “CLAIMS”) shall be resolved through binding arbitration administered by the American Arbitration Association (the “AAA”) in accordance with its Consumer Rules. SITE will pay all filing, administration, and arbitrator fees for any arbitration for a CLAIM of US$10,000 or less. If, however, the arbitrator finds that either the substance of the CLAIM or the relief sought in the CLAIM is frivolous or that the CLAIM was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all such fees will be governed by applicable AAA Rules. In such case, USER agrees to reimburse SITE for all monies previously disbursed by SITE that are otherwise USER’s obligation to pay under the AAA Rules. In addition, if USER initiates an arbitration for a CLAIM for more than US$10,000, the payment of fees will be governed by the AAA Rules. The AAA rules will determine whether the arbitration will take place through written submissions by USER and SITE, by telephone, or in person. SITE and USER shall both participate in the selection of an arbitrator. Any award issued through arbitration is enforceable in any court of competent jurisdiction.
BY AGREEING TO ARBITRATE, USER IS GIVING UP THE RIGHT TO LITIGATE (OR PARTICIPATE IN AS A PARTY OR CLASS MEMBER) ANY AND ALL CLAIMS IN COURT BEFORE A JUDGE OR JURY. INSTEAD, A NEUTRAL ARBITRATOR WILL RESOLVE ALL CLAIMS. IF USER DOES NOT WISH TO BE BOUND BY THIS ARBITRATION PROVISION, USER MUST NOTIFY SITE IN WRITING WITHIN 30 DAYS OF THE DATE THAT USER PLACES AN ORDER ON SITE. USER’s WRITTEN NOTIFICATION TO SITE MUST INCLUDE USER’s NAME, ADDRESS AND ORDER NUMBER AS WELL AS A CLEAR STATEMENT THAT USER DOES NOT WISH TO RESOLVE CLAIMS WITH SITE THROUGH ARBITRATION. WRITTEN NOTIFICATION SHOULD BE MAILED TO SITE.
Any arbitration or trial by a judge of any CLAIM will take place on an individual basis without resort to any form of class or representative action (“CLASS ACTION WAIVER”). Regardless of anything else in this Arbitration Provision, the validity and effect of this CLASS ACTION WAIVER may be determined only by a court and not by an arbitrator. USER and SITE acknowledge that the CLASS ACTION WAIVER is material and essential to the arbitration of any disputes between the parties and is non-severable from the agreement to arbitrate CLAIMS. If the CLASS ACTION WAIVER is limited, voided or found unenforceable, then the parties’ agreement to arbitrate shall be null and void with respect to such proceeding, subject to the right to appeal the limitation or invalidation of the CLASS ACTION WAIVER. USER AND SITE ACKNOWLEDGE AND AGREE THAT UNDER NO CIRCUMSTANCES WILL A CLASS ACTION BE ARBITRATED.
All CLAIMS brought by USER against SITE must be resolved in accordance with this Arbitration and Dispute Resolution Section. All CLAIMS filed or brought contrary to this Arbitration and Dispute Resolution Section shall be considered improperly filed. Should USER improperly file a CLAIM, SITE may recover attorneys’ fees and costs up to US$1,000 from USER, provided that SITE has notified USER in writing of the improperly filed CLAIM, and USER fails to promptly withdraw the CLAIM after USER receives notice of improper filing from SITE.
Events in Illinois. Pursuant to 815 ILCS 414/1.5(c)(5), complaints involving tickets to events in Illinois may be resolved through binding arbitration and administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules including the Optional Rules for Emergency Measures of Protection. USER and FULFILLER agree to submit to the jurisdiction of the State of Illinois for such complaints.
Force Majeure SITE shall not be deemed in default or otherwise liable under these rules and policies due to its inability to perform its obligations by reason of any fire, earthquake, flood, substantial snowstorm, epidemic, accident, explosion, casualty, strike, lockout, labor controversy, riot, civil disturbance, act of public enemy, cyber-terrorism, embargo, war, act of God, or any municipal, county, state or national ordinance or law, or any executive, administrative or judicial order (which order is not the result of any act or omission which would constitute a default hereunder), or any failure or delay of any transportation, power, or communications system or any other or similar cause not under SITE’S control (hereinafter all of the foregoing is collectively referred to as FORCE MAJEURE). Notwithstanding the foregoing, SITE shall be permitted to terminate this Agreement with or without notice to USER in the event that USER is prevented from performing hereunder due to FORCE MAJEURE.
Registration Certain areas of the SITE are provided solely to registered USERS of the SITE. Any USER registering for such access agrees to provide true and accurate information during the registration process. SITE reserves the right to terminate the access of USER should SITE know, or have reasonable grounds to suspect that USER has entered false or misleading information during the registration process. ALL REGISTERED USERS MUST BE OVER EIGHTEEN (18) YEARS OF AGE. Children under the age of eighteen (18) shall not be permitted to register. SITE reserves the right to require valid credit card information as proof of legal age. SITE maintains a strict online Privacy Policy and will not sell or provide USER credit card information to third parties.
USER Account USER will select a username and password as part of the registration process. All USER account pages are protected with Secure Socket Layer (SSL) encryption. USER is fully responsible for maintaining the confidentiality of their username and password. USER agrees to immediately notify SITE at [email protected] should USER know, or have reasonable grounds to suspect, that the username or password have been compromised. SITE shall not be responsible for USER’S failure to abide by this paragraph. SITE may, in its sole discretion, terminate the USER’S account for any reason. Under no circumstances shall SITE be liable to any USER or third party for termination of USER’S account.
Third Party Advertisers SITE may allow third party advertisers to advertise on the SITE. SITE undertakes no responsibility for USER’S dealings with, including any on-line or other purchases from, any third party advertisers. SITE shall not be responsible for any loss or damage incurred by USER in its dealings with third party advertisers.
Privacy Policy USER can browse SITE without revealing USER’S personal information, but in order to take advantage of most of the SITE’S services, USER must give personal information. By providing personal information, USER expressly consents to the collection, use, disclosure and retention of USER’S personal information as described in this Privacy Policy. This privacy policy, herein referred to as the Privacy Policy, covers SITE and PROVIDER’S treatment of personal or personally identifiable information, herein referred to as Personal Information, that may be collected when USER is on the SITE and when USER uses SITE services. This Privacy Policy does not apply to the practices of companies or individuals that SITE does not own or exercise supervisory control over, or to third party advertisers on the SITE.
This Privacy Policy discloses the privacy practices for http://Equusliving.com. It applies solely to information collected by this website. This Privacy Policy will notify USER of the following:
- What personally identifiable information is collected from USER through the web site, how it is used, and with whom it may be shared.
- What choices are available to USER regarding the use of USER data.
- The security procedures in place to protect the misuse of USER information.
- How USER can correct any inaccuracies in the information.
Information Collection, Use, and Sharing PROVIDER and FULFILLER are the sole users of the information collected on this SITE. PROVIDER only has access to or collects information that USER voluntarily gives via emailor other direct contact from USER or if USER gives SITE permission to access such information, such as requesting or purchasing tickets from a FULFILLER. PROVIDER, along with FULFILLER, will use USER’s personal information for transactional purposes, including those related to customer service for the transaction. PROVIDER may also use USER’s personal information to provide marketing services on behalf of SITE as well as share USER’s personal information with affiliated entities of PROVIDER to provide joint content and services and to market the products and services of such entities. PROVIDER may sell USER’S personal information to non-financial organizations, such as companies engaged in direct marketing and the selling of consumer products and services. If USER grants permission to SITE to detect USER’s location, SITE will use that information only to refine search results displayed to USER.
PROVIDER will use USER information to respond to USER regarding the reason USER contacted SITE. PROVIDER will not share USER information with any third party outside of PROVIDER’s organizations, other than as necessary to fulfill USER request, e.g. to ship an order, or, in some instances, to partner with another company to provide certain content, programs and services such as those disclosed in the previous paragraph. In those cases, PROVIDER will require third party agents to maintain the confidentiality of the data. In those situations, when USER provides personal information, it may be sent directly to the partner company or PROVIDER may share the information with the partner company. Unless USER requests otherwise, PROVIDER may contact USER in the future to tell USER about specials, new products or services, or changes to this privacy policy. Neither SITE nor PROVIDER are responsible for the policies or offerings of any third party, and USER is urged to review third party’s policies and terms and conditions, as they may vary.
SITE and PROVIDER will respond to a verified law enforcement, or other governmental department request or subpoena relating to a criminal investigation, alleged illegal activity, or identity theft. In such events, SITE and PROVIDER will disclose information relevant to the investigation such as name, city, state, zip code, telephone number, email address, fraud complaints, IP address, and credit card information. SITE and PROVIDER may also share such information with third parties for the purposes of investigating or preventing fraudulent activities. SITE and PROVIDER reserve the right to report to law enforcement agencies any activities that they believe, in good faith, to be unlawful. In the case of identity theft, USER may authorize a law enforcement officer to request the records from SITE and PROVIDER or USER may request that SITE and PROVIDER send any records directly to a law enforcement officer.
USER Access to and Control Over Information USER can do the following, at any time, by contacting PROVIDER via the email address or phone number given on the website:
- Opt out of any future contact from SITE or PROVIDER;
- See what data is on file about USER, if any;
- Change or correct any data on file about USER;
- Have deleted any data on file about USER; and
- Express any concern USER has about use of USER data.
To stop receiving promotional or marketing emails or to opt-out of having USER’s information sent to third parties for marketing purposes, USER can follow the instructions in any promotional email USER receives from SITE. Even if USER opts out of receiving promotional or marketing emails, USER will still be contacted with transactional messages.
3rd Party Advertising & Automated Data Collection Please note that third party vendors, including but not limited to Google, show advertisements for SITE on the internet. Third party vendors, including but not limited to Google, use cookies to serve advertisements based on USER’s prior visits to SITE. To opt out of Google’s use of cookies and web beacons, USER can visit the Google advertising opt-out page available on Google’s website at www.google.com/privacy/ads. SITE may share, sell, or rent USER information collected voluntarily from USER on the SITE with third party vendors, advertising companies, or analytics providers including but not limited to Google.
In addition, SITE participates in targeted advertising. SITE allows third-party companies to collect certain information when USER visits SITE to provide measurement services to SITE and target ads to USER. SITE uses this information to serve ads for SITE’S products or services or for the products or services of other companies when USER visits this SITE or other websites. These companies use non-personally identifiable information (e.g., click stream information, browser type, time and date, subject of advertisements clicked or scrolled over, hardware or software information, cookie and session ID) and personally identifiable information (e.g. IP address) during USER’s visits to this SITE and other websites in order to provide advertisements about goods and services likely to be of greater interest to USER. These parties typically use a cookie, third party web beacon, or other similar technologies to collect this information.
Some browsers have a “do not track” feature that lets USER tell websites that USER does not want to have USER’s online activities tracked. At this time, SITE does not respond to browser “do not track” signals, but SITE does provide USER the option to opt out of targeted advertising. To learn more about this type of advertising or to opt-out of this type of advertising, visit www.aboutads.info/choices.
Security PROVIDER takes precautions to protect USER information. When USER submits sensitive information via SITE, USER information is protected both online and offline.
Whenever sensitive information (such as credit card data) is collected, that information is encrypted and transmitted in a secure way. USER can verify this by looking for a closed lock icon at the bottom of USER web browser, or looking for “https” at the beginning of the address of the web page. PROVIDER is committed to not re-identifying sensitive information collected by SITE.
While encryption is used to protect sensitive information transmitted online, PROVIDER also protects USER information offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers and servers on which personally identifiable information is stored are kept in a secure environment.
If USER feels that PROVIDER is not abiding by this Privacy Policy, USER should contact SITE immediately via telephone at (866)459-9233 or via email at [email protected].
Copyright Infringement Notification Should USER wish to file a copyright infringement notification with Equusliving.com, USER will need to send a written or electronic communication that includes all of the following, as based on Section 512(c)(3) of the Digital Millennium Copyright Act (DMCA):
- A physical or electronic signature of a person authorized to act on behalf of the owner of the material that has allegedly been infringed.
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity. *Please provide the URL(s) in the body of the email or letter, as this will help us to identify the potentially infringing material.
- Contact information of the complainant.
- A statement that the complainant has a good faith belief that use of the material in the manner complained of is a copyright violation.
- A statement that the information in the notification is accurate, and under penalty of perjury, that the complainant is authorized to act on behalf of the owner of material that has allegedly been infringed.
Written or electronic notice of copyright infringement should be mailed, faxed, or emailed to Equusliving.com’s designated agent at:
Copyright Complaints
Equusliving.com
3225 Mcleod Drive Ste 100
Las Vegas, NV 89121
Fax:
Email: [email protected]
Please note the following:
–Under Section 512(f) of the DMCA, any person who knowingly misrepresents that material or activity is infringing may be subject to liability for damages.
Service and Advertising Emails SITE may send USER several service-related emails to the email address given when placing an order. These include a confirmation email with details of USER’S order, a pre-event email reminder about the event to be attended, and a post-event email gathering feedback on the USER’S experience. When USER places an order, SITE may also add USER to the weekly mailing list to be informed of upcoming events. USER can opt out of these emails at any time by notifying [email protected].
Amendments SITE reserves the right to amend this policy at any time. SITE will post a notice of changes on its SITE, when and if the terms of this policy are amended.
These policies were last amended on Monday, October 17, 2016.
