Barn Culture, LLC – Website Terms and Conditions

This Website is provided by Barn Culture, LLC, a Nevada limited liability company (“Barn Culture”). Your use of this Website is subject to this Website Terms and Conditions (the “User Agreement”). Please read this User Agreement and the other information referred to in this User Agreement carefully and be sure you understand it, since it is a legally binding agreement that contains important information about our Website and your permitted use of it. From time to time we may unilaterally modify this User Agreement, so it is important that you review this User Agreement every time you use this Website.

Note: Your use of this Website constitutes your agreement to be bound by and comply with all of the terms of this User Agreement. If you do not agree to all of the terms of this User Agreement, then you may not use this Website.

1. Eligibility. Use of and participation on this Website is void where prohibited. This Website is intended solely for adults and minors who have obtained parental permission to use this Website. Any use of, access to or registration by any other persons is unauthorized, unlicensed and in violation of this User Agreement.

2. Your Representations and Warranties. By using this Website, you represent and warrant that: (a) you are an adult or are a minor with parental permission to use this Website, (b) you agree to abide by all of the terms and conditions of this User Agreement, (c) all information that you submit is true, accurate and complete, (d) you will keep such information current, (e) you will maintain the security of your password and identification, and (f) you will not use this Website for any purpose that is unlawful or prohibited by this User Agreement.

3. Password. All instructions transmitted by or received from anyone presenting your password on this Website are binding on you. You agree that: (a) you are solely responsible for all transactions or acts that are validated through use of your password, (b) you will maintain the confidentiality of your password and will not disclose your password to any third party, (c) you will not use the account, username or password of another person at any time, and (d) you will notify Barn Culture immediately if you suspect any unauthorized use of your account or access to your password.

4. Use of Website Content. Barn Culture grants you a limited, non-exclusive, revocable license for you to use this Website for your personal information, education and communication, upon all of the terms of this User Agreement. All content on this Website (excluding your own User Content as defined below), including information, text, data, images, graphics, registered and unregistered trademarks, illustrations, photographs, audio clips, music, sounds, pictures, videos, software, or other forms and formats now known or later invented (the “Website Content”) is copyrighted and owned or used with permission by Barn Culture. In using this Website, you must respect the intellectual property rights of Barn Culture and others. Your unauthorized use of Website Content may violate copyright, trademark, privacy, publicity, communications, and other laws, and any such use may result in your personal liability, including potential criminal liability. Barn Culture disclaims any representation or warranty that your unauthorized use of Website Content will not infringe upon rights of third parties not owned by or affiliated with Barn Culture. Except as set forth in this User Agreement or in the text of this Website, you may not reproduce, distribute, publish, transmit, modify, adapt, translate, display, distribute, sell, license, publicly perform, prepare derivative works based upon, or otherwise use or exploit the Website Content. You may download one copy of portions of the Website Content in temporary storage on one personal computer for your personal, non-commercial, non-political, non-networked viewing and use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The foregoing limited right does not give you any ownership of any Website Content. Except as expressly provided above, nothing contained in this User Agreement may be construed as conferring to you (by implication, estoppel or otherwise) any license or right to any Website Content under any copyright or any other intellectual property right.

5. Trademarks. The trademarks, logos, designs, graphics, scripts and service marks displayed on this Website are owned by Barn Culture and third parties, and this Website’s trade dress is owned by Barn Culture (collectively, the ”Trademarks,” which also constitute Website Content). All Trademarks not owned by Barn Culture are the property of their respective owners, and are used with permission. Nothing contained on this Website may be construed as granting, by implication, estoppel or otherwise, any right or license to use any Trademark.

6. User Content. You are solely responsible for the text, files, images, photos, profiles, messages, notes, information, music, video, and other content that you post on or through this Website or transmit to or share with other users (collectively, “User Content”). Barn Culture does not endorse, monitor, filter, censor, edit, regulate, pre-screen or approve any User Content and has no control over or responsibility for any User Content. Barn Culture makes no warranties, express or implied, as to the User Content or to the accuracy and reliability of the User Content or any material or information that you transmit to other persons. By submitting User Content to this Website, you automatically grant, or warrant that the owner of such User Content has expressly granted Barn Culture, the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such User Content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. You also permit any other user of this Website to access, view, store or reproduce the User Content for that user’s personal use. You hereby grant Barn Culture the right to edit, copy, publish and distribute any User Content made available on this Website by you. You may not post, transmit or share any User Content on this Website that you did not create or that you do not have permission to post and you are solely liable for any damages resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from the posting, transmission or sharing of any User Content. Barn Culture may, but is not obligated to, review this Website and may, in its sole discretion, edit, modify, amend, refuse to post, delete or remove any User Content without notice, including User Content which may be offensive, illegal or violate the rights, harm or threaten the safety of others. Barn Culture assumes no responsibility for monitoring this Website for inappropriate or unlawful User Content or conduct.

7. User Conduct. This Website is for personal, non-commercial use only. You agree that no materials of any kind which you post, transmit or share on or through this Website will violate or infringe upon the rights of any third party or contain libelous, defamatory or otherwise unlawful material. Barn Culture reserves the right to investigate and take appropriate legal action against anyone who, in Barn Culture’s sole discretion, violates the provisions of this User Agreement, including removing the offending communication and terminating the use of this Website by any such violators without notice and without liability. In addition, you agree not to use this Website to post any User Content which: (a) is harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, false, misleading, invasive of privacy or publicity rights, hateful or racially, ethnically or otherwise objectionable; (b) contains nudity, violence or offensive subject matter, contains a link to an adult website, exploits people in a sexual or violent manner, promotes any criminal activity, or provides instructional information about illegal activities; (c) solicits personal information from anyone under 18, solicits passwords or personally identifying information for unlawful purposes, or makes publicly available on this Website any private information of any third party; (d) makes available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (e) damages, interferes with, disrupts or creates an undue burden on this Website; (f) contains any unsolicited or unauthorized advertising, solicitations, promotional materials, contests, sweepstakes, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation; (g) promotes an illegal or unauthorized copy of another person’s copyrighted work; (h) uses the account, username or password of another person, creates a false identity on this Website, or misrepresents yourself, your age or your affiliation with any person or entity; (i) harvests or collects email addresses or other contact information of other users from this Website by electronic or other means for the purpose of sending unsolicited emails or other communications; or (j) contains objectionable materials, restricts or inhibits any other person from using or enjoying this Website, is inconsistent with any applicable laws and regulations, or which may expose Barn Culture or its users to any harm or liability of any type.

8. Copyrights. Users of this Website are prohibited from posting or otherwise transmitting any materials on this Website that violate another party’s intellectual property rights. It is the policy of Barn Culture to terminate the privileges of any user who infringes the copyright rights of others upon receipt of proper notification to BarnCulture.com by the copyright owner or the copyright owner’s legal agent. If you believe that any material on this Website infringes upon any copyright which you own or control, you should send written notification, in sufficient detail, of such infringement to BarnCulture.com.

9. Online Shopping. In the event this Website offers online capabilities to purchase products and services, the following terms and conditions will apply.

(a) You must be 18 years of age or older to purchase any products or services. You are responsible for paying all sales, use and other similar taxes relating to any of your online purchases. As to products and services featured on this Website, we will make reasonable efforts to display as accurately as possible the products and services that appear on this Website. However, the colors, dimensions and details that you see on your computer monitor may vary depending on your equipment, so we cannot guaranty that your equipment will accurately display the details of any products and services.

(b) Prices and details of products and services (and any offers) which may be posted on this Website are subject to change without notice. All products and services will be subject to availability and Barn Culture gives no guaranty in this regard. Barn Culture reserves the right, at any time and without prior notice, to remove or cease to supply any product or service which may be contained on this Website. In the event that such removal takes place, Barn Culture shall not be liable in any way whatsoever for such removal. If you apply for any product or service detailed on this Website, this User Agreement should be read in conjunction with any other terms and conditions which relate to any such product or service.

(c) Nothing contained in this Website shall constitute an offer by Barn Culture to buy or sell products or services. No agreement to sell products or services shall be formed until an order is placed by you and then accepted by Barn Culture in the manner set forth in Barn Culture’s specific ordering instructions. The terms of such agreement shall be those of Barn Culture’s standard terms and conditions of sale. All product requests or orders are subject to applicable law, including without limitation, any applicable export and import regulations and boycott restrictions.

(d) ALL PRODUCTS AND SERVICES OBTAINED THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT REPRESENTATIONS OR WARRANTIES FROM BARN CULTURE OF ANY KIND, EITHER EXPRESS OR IMPLIED. BARN CULTURE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THOSE OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ARE SOLELY RESPONSIBLE FOR THE APPROPRIATENESS OF THE PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE FOR YOUR INTENDED APPLICATION AND USE. BARN CULTURE DOES NOT WARRANT THAT THE PRODUCTS AND SERVICES IT OFFERS ON THIS WEBSITE MEET YOUR REQUIREMENTS.

(e) BARN CULTURE SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR PURCHASE, USE OR MISUSE OF ANY PRODUCTS OR SERVICES OBTAINED THROUGH THIS WEBSITE, EVEN IF BARN CULTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(f) Note that some jurisdictions may not allow limitations on implied warranties and certain damages, so some of the above limitations may not apply to you.

10. Trail Maps. Barn Culture may from time to time provide trail maps or links to third party sites which contain trail maps. Your use of any such trail maps and the trails shown on such maps is solely at your own risk. BARN CULTURE IS NOT RESPONSIBLE FOR HARM TO PERSONS OR PROPERTY THAT RESULTS FROM YOUR USE OF ANY TRAIL MAPS OR THE TRAILS SHOWN ON SUCH MAPS. ALL SUCH TRAIL MAPS ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE AND QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY AND USEFULNESS OF SUCH MAPS, AND CONDITION AND LOCATION OF TRAILS.

11. Breach of User Agreement. Barn Culture reserves the right, without any limitation whatsoever, to (a) investigate any suspected breaches of its Website security or its information technology or other systems or networks, (b) investigate any suspected breaches of this User Agreement, (c) involve and cooperate with law enforcement authorities in investigating any such matters, (d) prosecute violators of this User Agreement to the full extent of the law, and (e) discontinue this Website or terminate your access to it at any time, without notice, for any reason and without any obligation to you whatsoever.

12. Linked Sites. This Website may contain links to and from third party sites (“Linked Sites”) including without limitation, sites operated by advertisers, licensors, licensees and promotional and business partners of Barn Culture. Barn Culture has no control over the content of Linked Sites and Barn Culture does not assume any obligation to review any Linked Sites. Barn Culture does not endorse, approve or sponsor any Linked Sites, or any content, advertising, information, materials, products, services or other items on or available on or from them, and Barn Culture disclaims all liability in connection therewith. Any activities you engage in connection with a Linked Site is subject to the privacy policy, conditions of use and other terms imposed by the operator of the Linked Site and Barn Culture disclaims all liability in connection therewith.

13. Banners, Advertisements and Promotions. We reserve the right to post banners, advertisements, promotions and similar content throughout this Website. Any interactions, correspondence and business dealings that you have with any advertisers and other third parties found on or through this Website (including via Linked Sites) are solely between you and the third party, including without limitation, issues related to the content of third party advertisements, payments, delivery of goods, warranties and the like. Barn Culture disclaims all liability in connection therewith.

14. Third Party Information. This Website contains information and content supplied by third parties. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or any other users of this Website, are those of the respective authors or distributors and not of Barn Culture. Neither Barn Culture nor any third party provider of information guarantees the accuracy, completeness, or usefulness of any content nor its merchantability or fitness for any particular purpose. In many instances, the content available through this Website represents the opinions and judgments of the respective information provider or other user not authorized by Barn Culture. Barn Culture neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on this Website; rather, it is the responsibility of all users of this Website to evaluate the accuracy, completeness or usefulness of any information, opinion, advice, or other content available through this Website with respect to such user’s particular situation, including without limitation, all information regarding the care, feeding, training, management, health, evaluation, diagnosis, therapy and treatment of horses. All users should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other content, including without limitation, seeking the advice of a qualified veterinarian before proceeding with any diagnosis, treatment or therapy.

15. Disclaimers. Barn Culture is not responsible or liable in any manner for any User Content posed on this Website, whether posed by users of this Website, by third parties or by any of the equipment or programming associated with or utilized in this Website. Although we provide rules for user conduct and postings, we do not control and are not responsible for what users post, transmit or share on this Website and are not responsible for any offensive, inappropriate, obscene, unlawful or otherwise objectionable content you may encounter on this Website or in connection with any User Content. Barn Culture is not responsible for third party advertisements which are posted on this Website nor is it responsible for the goods or services provided by its advertisers. Barn Culture is not responsible for any third party content providers on this Website nor is it responsible for any information, materials, statements, advice, opinions, goods or services provided by any such providers. This Website may be temporarily unavailable from time to time for maintenance or other reasons. Barn Culture is not responsible for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of any user communications. Barn Culture is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to user’s or to any other person’s computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with this Website. Under no circumstances will Barn Culture be responsible for any loss or damage, including personal injury or death, resulting from use of this Website, from any User Content posted on this Website, or from the conduct of any users of this Website, whether online or offline.

THIS WEBSITE MAY INCLUDE TECHNICAL INACCURACIES OR OTHER ERRORS, AND YOUR USE OF THIS WEBSITE IS SOLELY AT YOUR OWN RISK. THIS WEBSITE IS PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. BARN CULTURE DOES NOT WARRANT THAT THIS WEBSITE WILL MEET YOUR REQUIREMENTS OR ACHIEVE A PARTICULAR RESULT, OR THAT YOUR USE OF THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT THIS WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IF YOUR USE OF THIS WEBSITE OR THE MATERIAL CONTAINED ON THIS WEBSITE RESULTS IN YOUR NEED TO SERVICE OR REPLACE ANY PROPERTY, MATERIAL, EQUIPMENT, DATA OR OTHER ITEMS, BARN CULTURE WILL NOT BE LIABLE FOR THOSE COSTS.

16. Limitation on Liability. IN NO EVENT SHALL BARN CULTURE OR ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AFFILIATES, INFORMATION PROVIDERS OR CONTENT PROVIDERS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING DAMAGES FOR LOST PROFITS, ARISING OUT OF OR RELATING TO YOUR USE OF OR INABILITY TO USE THIS WEBSITE, EVEN IF BARN CULTURE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, BARN CULTURE’S LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO BARN CULTURE FOR USE OF THIS WEBSITE, BUT IN NO CASE SHALL BARN CULTURE’S LIABILITY TO YOU EXCEED $1,000. THE LIMITATIONS CONTAINED IN THIS SECTION ARE A MATERIAL PART OF OUR AGREEMENT TO PROVIDE THIS WEBSITE TO YOU.

CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS.

16. General Provisions.

(a) Indemnity. You agree to indemnify, defend and hold harmless Barn Culture and its officers, members, managers, employees, agents, business partners, licensors and licensees from any damages, liabilities, claims, demands, losses, costs and expenses, including reasonable attorneys’ fees and costs, arising out of or in connection with your use of this Website, any User Content, your conduct in connection with this Website or with other users of this Website, the use of any products or services obtained in connection with this Website, any violation or breach of this User Agreement, or any violation of any law or the rights of any third party.

(b) Revisions to Website and User Agreement. Barn Culture may, in its sole discretion, make changes to any aspect of this Website, any activities available on this Website, and any products or services offered through this Website. Barn Culture may also, in its sole discretion, revise this User Agreement by updating or revising this document, with the revised terms taking effect as of the date of its posting. Continued use of this Website following the effective date of any such changes constitutes your acceptance of those changes.

(c) Operation of Website. Barn Culture controls and operates this Website from its offices in Douglas County, Nevada in the United States of America and makes no representation that this Website is appropriate or available for use beyond the United States of America. If you use this Website from other locations, you are responsible for compliance with applicable local laws.

(d) Privacy. Use of this Website is also governed by our Privacy Policy, which is incorporated into this User Agreement by this reference.

(e) Website Users Disputes. All users of this Website are solely responsible for any interactions with other users. Barn Culture reserves the right, but has no obligation, to monitor disputes between users of this Website.

(f) Arbitration, Jurisdiction, Venue. Any controversy or claim relating to this Website or this User Agreement not otherwise resolved between you and Barn Culture will be settled solely by binding arbitration in accordance with the Commercial Arbitration Rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration will be conducted in Douglas County, Nevada and judgment on the arbitration award may be entered in any court of competent jurisdiction. Any claim or cause of action that you may have with respect to this Website or this User Agreement must be commenced with one year after the claim or cause of action arises or it will be forever barred. Any action or proceeding by Barn Culture relating to your access to or use of this Website in accordance with this Section will be instituted in state or federal court in Douglas County, Nevada. Accordingly, you consent to the personal jurisdiction of the courts in Douglas County, Nevada with respect to all matters relating to your access to or use of this Website and waive your rights to removal or consent to removal. This User Agreement will be governed by and construed in accordance with the laws of the State of Nevada without regard to its conflicts of law provisions. The foregoing provisions of this Section will not apply to any legal action taken by Barn Culture to recover damages for, or seek an injunction in connection with, any loss, cost or damage (or any potential loss, cost or damage) relating to this Website, Barn Culture’s operations and/or the products or services obtained in connection with this Website caused by your act or failure to act.

(g) Miscellaneous. Your use of this Website constitutes acceptance of the terms of this User Agreement. This User Agreement contains the entire agreement between you and Barn Culture regarding the use of this Website. If any provision of this User Agreement is deemed unlawful, void or unenforceable for any reason, that provision will be deemed severable from the remainder of this User Agreement and will not affect the validity or enforceability of the remainder of this User Agreement.