Terms of Service
Welcome to Borrowed Time Equine Rescue. Your use of the services on this site is conditioned upon acceptance of the Terms of Service, as well as continued compliance with its provisions.
Please read these Terms of Service carefully before using this site. By checking the “I ACCEPT” checkbox below and registering with Borrowed Time Equine Rescue, you (the “Client”) accept and agree to be bound by all of the Terms of Service, without limitation or qualification. If after reading this agreement, you do not wish to agree to ALL of the Terms of Service, click on the “CANCEL” button below and leave this site.
1. General. This site is operated by Borrowed Time Equine Rescue, who owns and maintains the services (the “Service”) offered on this site. The name of the company that will be included on all charges, receipts, reports, and credit card transactions is Borrowed Time Equine Rescue. Borrowed Time Equine Rescue has obtained a License and right to use certain Licensed Products or Licensed Software, enabling Borrowed Time Equine Rescue to provide services to Clients. At no time is the License transferred to Client.
2. Client Account. To register for the Service, you must complete the registration process by providing us with current, complete and accurate information as prompted by the Registration Form, including e-mail address (user name), mailing address, telephone numbers, and other information needed to provide the service. Furthermore, Client is entirely responsible for all activities that occur under the Client’s account.
3. Services. The Service is available to Client through Borrowed Time Equine Rescue doing business as Borrowed Time Equine Rescue on the World Wide Web. Client understands and agrees that Borrowed Time Equine Rescue may alter, suspend or discontinue all or any portion of the Site and/or the Service(s) at any time for any reason, without notice, cost or liability. Client also understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason. The term of Service shall continue in accordance with the period of time you selected during the order process. This agreement and the Service shall automatically renew.
4. Client Responsibilities. Client is solely responsible for maintaining all telephone, computer hardware, software, internet, and other equipment needed for access to and use of the Service and all charges related thereto. Client acknowledges and agrees that he/she is solely responsible for maintaining the confidentiality of his/her account number and/or password. Client agrees to notify Borrowed Time Equine Rescue immediately of any unauthorized use of his or her account. Client further agrees that he/she will not: (1) modify, translate, or create derivative works based on the Service, or permit other individuals to do so; (2) rent, lease or otherwise transfer rights to the Service; or (3) use a single account for multiple business entities.
5. Fees. Unless otherwise stated, we quote all fees in U.S. Dollars. You are responsible for paying all fees associated with using the Service.
a. If you are enrolled in a trial period, the billing shall begin immediately after the trial period has ended, unless you cancel the Service on or before the trial period ends.
b. The renewal charge will be equal to Client’s current order, unless Borrowed Time Equine Rescue has given Client 30 days notice of fee changes by posting the changes on the Borrowed Time Equine Rescue web site. The fee change shall be effective upon renewal and thereafter.
6. Payment Policy. Client authorizes Borrowed Time Equine Rescue to charge Client’s credit card for all charges associated with Client’s account. To begin service, Client agrees to pay setup fees and the first period's charges before service shall begin. Service shall be suspended or terminated should Client fail to pay any balance due or upon refusal of a credit card.
a. Client must pay for Service by the first day of each billing cycle. Billing cycles are based upon when you initially signed up for service. For instance, if you started service on the 15th of the month, your billing due date will be on the 15th of each month. If you pay by credit card, we will automatically bill your credit card on the billing cycle monthly or yearly anniversary date.
b. Any outstanding balance becomes immediately due and payable upon termination of this agreement for any reason. All Account Charges are non-refundable. Borrowed Time Equine Rescue does not offer refunds for prepaid months of service or partial months of service. If a credit is due to you from Borrowed Time Equine Rescue, a credit will be issued in one credit card billing cycle.
7. Cancellation. Borrowed Time Equine Rescue reserves the right to cancel your service at any time. If we do cancel your service, we will refund any unused amounts that you have paid us. If we cancel your account because you have violated our usage policies, no refund will be paid.
a. Client may cancel the request to start Service at any time prior to midnight of the third business day after the date of the initial transaction as reflected on your billing receipt. To cancel, mail or deliver a signed and dated copy of a written notice of cancellation to Borrowed Time Equine Rescue, P. O. Box 6822,Fallon, Nevada 89406, prior to midnight of the third business day after the date of the initial transaction.
b. Client may cancel recurring Service by sending written notice at least thirty days prior to the first day of Client’s next billing cycle. Written notice of cancellation should be sent to Borrowed Time Equine Rescue by email or mail and must include:
i. Account name (email address)
ii. Reason for cancellation
iii. Name of the primary contact
iv. A valid signature of the primary contact
8. Privacy. Client’s privacy is extremely important to Borrowed Time Equine Rescue. As part of the registration process, Client will provide certain personal information to Borrowed Time Equine Rescue. Any information provided by the Client will not be shared with any third party, Except as provided herein. Borrowed Time Equine Rescue shall use Client’s individualized information for internal purposes only and to provide a more personalized on-line experience. However, Borrowed Time Equine Rescue and its subsidiaries or licensees may contact Client periodically to provide him/her with news, information, or offers that it believes would be of interest to him/her.
9. No Assignment. Client may not assign or delegate any of its rights or duties under this agreement or assign this agreement in its entirety to any third party without the advance written permission of Borrowed Time Equine Rescue. Any attempt to do so without such written permission shall be void.
10. Attorney’s Fees. Notwithstanding anything to the contrary contained in this agreement, the prevailing party in a controversy or claim shall have the right to collect its reasonable expenses incurred in enforcing this agreement, including reasonable attorneys’ fees.
11. Limitations. Borrowed Time Equine Rescue and its affiliates will not be held responsible for changes in the search engine that effect the Service performance or functionality. Every effort will be made to make updates available to Client. Client agrees to verify the updates or changes made for continuing use of the Service. Borrowed Time Equine Rescue assumes no responsibility for the correctness of, performance of, or any resulting incompatibilities with current or future releases of any software. Client holds Borrowed Time Equine Rescue harmless from any consequential or direct damages due to a malfunction of the software.
a. Disclaimer of Liability. BORROWED TIME EQUINE RESCUE WILL NOT BE LIABLE TO CLIENT OR ANY THIRD-PARTY CLAIMANT FOR ANY DAMAGES, WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), LOST PROFITS, LOST DAMAGES, LOST GOODWILL, LOSS OR INTERRUPTION OF TECHNOLOGY, RIGHTS OR SERVICES, OR FOR ANY FORM OF SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, EVEN IF INFORMED IN ADVANCE OF SUCH DAMAGES. IN NO EVENT SHALL BORROWED TIME EQUINE RESCUE’S TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FROM ALL CAUSES OF ACTION AND INCLUSIVE OF ATTORNEY’S FEES, EXCEED THE AMOUNTS PAID BY CLIENT UNDER THIS AGREEMENT SOLELY FOR THE SERVICE GIVING RISE TO SUCH LIABILITY. THE EXISTENCE OF ONE OR MORE CLAIMS WILL NOT ENLARGE THE LIMIT.
b. Disclaimer of Warranties. THIS SITE AND THIS SERVICE(S) ARE PROVIDED ON AN "AS IS" BASIS. CLIENT’S USE OF THE SITE AND THE SERVICES IS AT CLIENT’S SOLE RISK. BORROWED TIME EQUINE RESCUE DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF PERFORMANCE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR ACCURACY, OR IMPLIED WARRANTIES ARISING FROM COURSE OF PERFORMANCE OR COURSE OF CONDUCT AND WE DISCLAIM ANY WARRANTY REGARDING THE AVAILABILITY, ACCURACY OR CONTENT OF THE SITE, SERVICES, AND/ OR INFORMATION, PRODUCTS OR SERVICES AVAILABLE THROUGH THE SITE AND/OR SERVICES, OR ANY ECONOMIC BENEFIT YOU MAY GAIN FROM USE OF THE SITE AND/OR SERVICES. SOME STATES DO NOT ALLOW EXCLUSION OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU.
12. Governing Law. This agreement shall be governed by and construed exclusively in accordance with the laws of the state of Nevada and the United States without regard to its choice or conflict of law provisions.
13. Venue. Any and all suits for disputes arising out of this agreement may be instituted and maintained in any court of competent jurisdiction in the state of Nevada.
14. Voluntariness. Each party acknowledges that he or she is over eighteen (18) years of age, has carefully read this agreement, understands its terms, and has entered into this agreement voluntarily.