END-USER LICENSE AGREEMENT
IMPORTANT. THIS DOCUMENT CONTAINS VERY IMPORTANT INFORMATION. REGARDING YOUR RIGHTS AND OBLIGATIONS, AS WELL AS CONDITIONS, LIMITATIONS AND EXCLUSIONS THAT MIGHT APPLY TO YOU. READ THE ENTIRE DOCUMENT TO THE BOTTOM OF THIS PAGE!
THIS SITE IS INTENDED FOR PERSONS LOCATED IN NORTH AND SOUTH AMERICA (“PERMITTED JURISDICTION”), AND IS NOT INTENDED FOR PERSONS LOCATED IN THE EUROPEAN ECONOMIC AREA. BY USING THIS SITE, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE USING THE SITE FROM A PERMITTED JURISDICTION.
INTRODUCTION
This END-USER LICENSE AGREEMENT (“Agreement”) is entered into by and between you and The Riding Academy Hotel (“The Riding Academy Hotel”.) This Agreement, together with any documents expressly incorporated by reference, govern your access to and use of this Site, including any content, functionality, and services delivered through this Site. By accessing, browsing and/or using this Site, registering with this Site, or by clicking to accept or agree to this Agreement when this option is made available to you, you acknowledge that you have read, understood and agree to be bound by the terms of this Agreement and The Riding
Academy Hotel’s Privacy Notice (“Privacy Notice”), which can be found at https://ridingacemyhotel.com/privacy-policy/ and is incorporated herein by reference, and to comply with all applicable local, state and federal laws and regulations. If you do not agree to all the terms and conditions of this Agreement and the Privacy Notice, do not use this Site.
DEFINITIONS
The Riding Academy Hotel shall mean Arena Horse Shows of Ocala, LLC. all parent, sibling, subsidiary or affiliated entities, its shareholders, officers, directors, agents, employees, and assigns.
“Site” shall mean the Internet site located at https://ridingacademyhotel.com
“User” shall mean any person or entity that accesses or uses the Site in any manner.
ELIGIBILITY
This Site is offered and available to Users who are 18 years of age or older.
YOU MAY NOT USE, ACCESS, OR REQUEST SERVICES FROM THE SITE IF YOU (A) DO
NOT AGREE TO THIS AGREEMENT, (B) ARE NOT AT LEAST 18 YEARS OF AGE, OR (C)
ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S
CONTENTS OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE OR OBTAIN SERVICES ON BEHALF OF AN ORGANIZATION OR
COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH
ORGANIZATION OR COMPANY TO THIS AGREEMENT.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT
AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY
REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THIS
AGREEMENT. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST
NOT USE OR ACCESS THE SITE.
CONDITIONS OF USE
The information, text, graphics provided on this Site are offered solely as a convenience to The
Riding Academy Hotel’s customers and Site visitors. Although The Riding Academy Hotel
believes it has made reasonable efforts to include accurate, complete and current information on
this Site, this Site may contain technical inaccuracies or typographical errors and changes are
made to this Site and to the products and services of The Riding Academy Hotel from time to
time. The Riding Academy Hotel makes no warranties or representations regarding the
accuracy or completeness of the information. It is your responsibility to verify the information
before relying on it. Any reliance you place on such information is strictly at your own risk. The
Riding Academy Hotel disclaims all liability and responsibility arising from any reliance placed
on such information by you or any other visitor to the Site, or by anyone who may be informed
of any of its contents. The Riding Academy Hotel reserves the right to make changes to the
content of this Site without prior notice.The information, text, graphics provided on this Site are offered solely as a convenience to The
Riding Academy Hotel’s customers and Site visitors. Although The Riding Academy Hotel
believes it has made reasonable efforts to include accurate, complete and current information on
this Site, this Site may contain technical inaccuracies or typographical errors and changes are
made to this Site and to the products and services of The Riding Academy Hotel from time to
time. The Riding Academy Hotel makes no warranties or representations regarding the
accuracy or completeness of the information. It is your responsibility to verify the information
before relying on it. Any reliance you place on such information is strictly at your own risk. The
Riding Academy Hotel disclaims all liability and responsibility arising from any reliance placed
on such information by you or any other visitor to the Site, or by anyone who may be informed
of any of its contents. The Riding Academy Hotel reserves the right to make changes to the
content of this Site without prior notice.
User is granted a nonexclusive, nontransferable limited license to view, copy, print, and
distribute all or any part of this site for internal, informational and non-commercial purposes
within your organization, provided that each copy of material contains copyright notice. No
other use of any of the content of this Site is permitted without the express written consent of
The Riding Academy Hotel . The trademarks and service marks used or displayed on this site
are registered and unregistered trademarks of The Riding Academy Hotel . Nothing contained
herein shall be construed as granting, by implication, estoppel or otherwise, to User a license
under any copyright, trademark, patent or other intellectual property right of The Riding
Academy Hotel without the express written permission of The Riding Academy Hotel . The
Riding Academy Hotel expressly reserves all intellectual property rights it may possess in
products, processes or technology that appear on this Site or any other The Riding Academy
Hotel website. Further The Riding Academy Hotel reserves all other rights not expressly
granted or addressed in this Agreement.
The Riding Academy Hotel accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials. Pursuant to 17 U.S.C. Section 512
as amended by Title II of the Digital Millennium Copyright Act (the “Act”), The Riding
Academy Hotel reserves the right to terminate your use of the Site or the information and
content contained on the Site if it determines in its sole and absolute discretion that you are
involved in infringing activity, regardless of whether such alleged infringement is a first-time or
repeat occurrence
ARE PROHIBITED FROM ACCESSING OR USING THE SITE OR ANY OF THE SITE’S
CONTENTS OR SERVICES BY APPLICABLE LAW.
IF YOU USE THE SITE OR OBTAIN SERVICES ON BEHALF OF AN ORGANIZATION OR
COMPANY, YOU AFFIRM YOU HAVE THE LEGAL AUTHORITY TO BIND ANY SUCH
ORGANIZATION OR COMPANY TO THIS AGREEMENT.
BY USING THE SITE OR OBTAINING SERVICES FROM THE SITE, YOU REPRESENT
AND WARRANT THAT YOU MEET ALL OF THE FOREGOING ELIGIBILITY
REQUIREMENTS AND YOU AFFIRM THAT YOU ACCEPT AND ARE BOUND BY THIS
AGREEMENT. IF YOU DO NOT MEET ALL OF THESE REQUIREMENTS, YOU MUST
NOT USE OR ACCESS THE SITE.
PROHIBITED USES
You agree to use the Site only for lawful purposes and in accordance with this Agreement.
Specifically, you agree:
- Not to use the Site in any way that violates federal, state, local or international law or
regulation, or generally accepted practices or guidelines in relevant jurisdictions
(including any laws or regulations regarding the export of data or software to and from
the United States or other relevant countries); - That you will not use the Site to transmit or send unsolicited commercial
communications; - Not to access (or attempt to access) the Site by any means other than through the
interface that is provided by The Riding Academy Hotel. - That you will not attempt to gain unauthorized access to, interfere with, damage, disrupt
or circumvent any of the security features of any part of the Site (or the servers,
networks, and databases which are connected to the Site); - Not to access (or attempt to access) the Site through any automated means (including
use of scripts or web crawlers); - Not to conduct any systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting) on or in relation to
the Site without The Riding Academy Hotel’s express written consent; - Not to introduce any spyware, viruses, Trojan horses, worms, keystroke loggers,
rootkits, logic bombs or other material which is malicious or technologically harmful to
the Site (or the servers, networks, and databases which are connected to the Site); - Not to use the Site to copy, store, host, transmit, send, use, publish or distribute any
material which consists of (or is linked to) any spyware, virus, Trojan horse, worm,
keystroke logger, rootkit or other malicious computer software; - That you will not edit or otherwise modify any content on the Site that is not owned by
you or another person or entity for whom you act as their agent; - That you will not engage in any activity that interferes with or disrupts the Site (or the
servers, networks, and databases which are connected to the Site); - That you will not impersonate or attempt to impersonate The Riding Academy Hotel , an
employee of The Riding Academy Hotel , another User, or any other person or entity
(including, without limitation, by using email addresses associated with any of the
foregoing); - That you will not reproduce, redistribute, republish, duplicate, copy, display, sell, rent,
sub-license, trade or resell any content or other aspect of the Site for any commercial
purpose (except for content specifically and expressly made available for redistribution);
and - That you are solely responsible for (and that The Riding Academy Hotel has no
responsibility to you or to any third party for) any breach of your obligations under this
Agreement and for the consequences (including any loss or damage which you may
suffer) of any such breach.
THIRD PARTY SITES AND CONTENT
This Site contains links to other Internet sites that The Riding Academy Hotel business partners
and other third parties own or operate. Your use of each of those sites is subject to the terms of
use, if any, that each of those sites have posted. The Riding Academy Hotel has no control over
third party sites and The Riding Academy Hotel is not responsible for any changes to or content
on them. The Riding Academy Hotel’s inclusion of any content is not an endorsement of that
material or link or the companies that own or operate the material or linked sites.
This Site may include content provided by third parties. All statements and/or opinions
expressed in these materials, and all content other than the content provided by The Riding
Academy Hotel are solely the opinions and the responsibility of the person or entity providing
those materials. These materials do not necessarily reflect the opinion The Riding Academy
Hotel and The Riding Academy Hotel is not responsible, or liable to you or any third party, for
the content or accuracy of any materials provided by any third parties.
LINKING TO THE SITE AND SOCIAL MEDIA FEATURES
You may link to the Site’s homepage, provided you do so in a way that is fair and legal and does
not damage The Riding Academy Hotel’s reputation or take advantage of it, but you must not
establish a link in such a way as to suggest any form of association, approval or endorsement on
The Riding Academy Hotel’s part without its express written consent.
This Site may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Site.
- Send emails or other communications with certain content, or links to certain content, on this Site.
- Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by The Riding Academy Hotel and
solely with respect to the content they are displayed with. Subject to the foregoing, you must
not:
- Establish a link from any website that is not owned by you.
- Cause the Site or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site.
- Link to any part of the Site other than the homepage.
- Otherwise take any action with respect to the materials on this Site that is inconsistent with any other provision of this Agreement.
You agree to cooperate with The Riding Academy Hotel in causing any unauthorized framing
or linking immediately to cease. The Riding Academy Hotel reserves the right to withdraw
linking permission without notice.
The Riding Academy Hotel may disable all or any social media features and any links at any
time without notice in its discretion.
DISCLAIMER OF WARRANTY
THE INFORMATION, SOFTWARE OR OTHER MATERIAL ON OR ACCESSIBLE FROM THIS
SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY
OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR
ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE, EXPECTATION
OF PRIVACY AND NONINFRINGEMENT OR ANY WARRANTY THAT THIS SITE WILL BE
PROVIDED UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED
OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE WILL BE FREE FROM
COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE
EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
IN NO EVENT SHALL The Riding Academy Hotel , ITS PARENTS, SUBSIDIARIES,
AFFILIATES, RELATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS,
REPRESENTATIVES, PARTNERS, SERVICE PROVIDERS, OR LICENSORS BE LIABLE FOR
ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE
DAMAGES OR ANY OTHER DAMAGES OF ANY KIND OR NATURE ARISING OUT OF
USER’S ACCESS, USE OR INABILITY TO USE THE SITE, ANY WEBSITES LINKED TO THE
SITE, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES, OR ANY SERVICES
OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, WHETHER BASED UPON
BREACH OF CONTRACT, NEGLIGENCE OR OTHER WRONGFUL CONDUCT OR ANY
OTHER LEGAL THEORY, EVEN IF The Riding Academy Hotel HAS BEEN INFORMED OF
THE POSSIBILITY THEREOF.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED
OR LIMITED UNDER APPLICABLE LAW.
PRIVACY
All information The Riding Academy Hotel collects on this Site is subject to our Privacy Notice.
By accessing or using the Site, you consent to all actions we take with respect to your
information consistent with our Privacy Notice.
YOUR ACCOUNT, PASSWORD AND SECURITY
If you use this Site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, account or password, and you agree to
accept responsibility for all activities that occur under your account or password. The Riding
Academy Hotel reserves the right to refuse service or terminate accounts in its sole discretion.
You agree to immediately notify The Riding Academy Hotel of any unauthorized use of your
password or account or any other breach of security, and ensure that you exit from your
account at the end of each session. The Riding Academy Hotel is not liable for any loss or
damage arising from User’s failure to comply with this section or any other provision of this
Agreement.
RELATIONSHIP OF THE PARTIES
The Riding Academy Hotel and User are independent contractors. Nothing in this Agreement
shall be construed to create any agency, partnership, joint venture, employer-employee or
franchisor-franchisee relationship unless explicitly agreed to in writing by The Riding Academy
Hotel .
CHANGES OR MODIFICATIONS
The Riding Academy Hotel reserves the right, at its sole discretion, to change, modify, add,
remove or amend the existing terms and conditions of this Agreement in whole or in part at any
time. The Riding Academy Hotel will provide notice by, at a minimum, updating this posting.
You are expected to carefully review this Agreement from time to time so you are aware of any
changes. However, if The Riding Academy Hotel makes material changes to this Agreement,
The Riding Academy Hotel will notify you either through the email address you have provided
us or by means of a prominent notice on the Site before the change becomes effective. Any
changes to this Agreement will be in effect as of the “Last Updated” date referenced in this
Agreement. The continued use by User of the Site will be deemed User’s express agreement to
the amended or changed terms and conditions.
The Riding Academy Hotel may, but shall have no obligation to, add new functions or features
to the Site or make new services available to User. The Riding Academy Hotel may terminate,
change, suspend or discontinue any aspect of the Site, including the availability of or any
features of the Site, at any time.
TERMINATION
The Riding Academy Hotel may, in its sole discretion, terminate this Agreement at any time or
upon a breach of this Agreement by User. Upon such termination, User shall immediately
destroy any materials obtained from this Site and all copies thereof, whether made pursuant to
the terms of this Agreement or otherwise.
CONFIDENTIALITY
User shall keep in confidence and shall not disclose to any third parties any non-public
information that may be disclosed to User in connection with the use of the Site under this
Agreement or otherwise. User shall not use the name of The Riding Academy Hotel in any
publicity release, advertising or otherwise without the prior written approval of The Riding
Academy Hotel . This provision shall survive the termination of this Agreement.
INDEMNITY
User agrees that it will indemnify, defend and hold harmless The Riding Academy Hotel from
and against all liabilities, damages, losses, costs, and expenses, including reasonable attorney
fees, arising out of, resulting from or in any way related to use by User of the Site or User’s
breach of this Agreement.
MISCELLANEOUS
Entirety of Agreement. This Agreement represents the entire understanding of the parties and
cannot be amended except in writing signed by both parties. All prior discussions,
understandings, negotiations, or agreements are merged herein. All prior oral or written
agreements between the parties are hereby canceled.
Assignment. This Agreement may not be assigned by User without first obtaining the written
approval of The Riding Academy Hotel .
Choice of Law and Venue. The laws of the State of Florida will govern the interpretation,
validity and effect of this Agreement as such laws are applied to agreements entered and to be
performed entirely within the State of Florida. Unless otherwise agreed in writing by The
Riding Academy Hotel , User agrees that any legal action resulting from a dispute over this
Agreement shall be heard before the Court of Common Pleas, or, if applicable, the United States
District Court for the District of Northern Florida. In the event The Riding Academy Hotel is the
prevailing party in any such litigation it shall be entitled to recover its reasonable costs,
including attorney fees, incurred in such litigation.
Divisibility. If any provision of this Agreement is held by any court or arbitrator to be null and
void or unenforceable for any reason, such determination shall not affect the remaining portions
of this Agreement, which shall remain in full force and effect in accordance with its terms and
conditions.
No Waiver. Any waiver of any provision, term or condition of this Agreement shall not be
construed or deemed to be a waiver of any other such provision, term or condition of this
Agreement, nor a waiver of a subsequent breach or the same provision or condition, unless such
waiver is expressed in writing by The Riding Academy Hotel .
Survival of Covenants. The covenants and agreements contained in this Agreement are and
shall be binding on, and shall inure to the benefit of, the Parties hereto and their officers,
directors, shareholders, employees, successors and assigns. Further, all obligations arising prior
to the termination or expiration of the Agreement allocating responsibility or liability between
The Riding Academy Hotel and User shall survive the termination or expiration of this
Agreement.
Headings. The paragraph headings set forth herein are for reference only and not to be
considered a part of or a term or condition of this Agreement.
Notices. The Riding Academy Hotel may provide any notice to you under this Agreement by:
sending a message to the email address you provide, or by posting to the Site. Notices sent by
email will be effective when The Riding Academy Hotel sends the email and notices The Riding
Academy Hotel provides by posting will be effective upon posting.
To give The Riding Academy Hotel notice under this Agreement, you must contact The Riding
Academy Hotel by sending a message to info@wec.net. The Riding Academy Hotel may update
the email address or mailing address for notices to it by posting a notice on the Site. Notices
provided by personal delivery will be effective immediately. Notices provided by email will be
effective one business day after they are sent. Notices provided by registered or certified mail
will be effective three business days after they are sent.
CONTACT INFORMATION All feedback, comments, requests for technical support and other
communications relating to the Site should be directed to info@wec.net.