Terms of Service

American Wild Horse Foundation (“AWHF”)
Web Site Terms and Conditions

DATE OF LAST REVISION:  January 27, 2018

PLEASE READ THESE TERMS AND CONDITIONS ("SITE TERMS") CAREFULLY BEFORE USING THIS WEB SITE. BY USING THIS WEB SITE, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, DO NOT USE THIS SITE.

This is the official Terms of Use (“Terms of Use” or “Terms”) for www.AmericanWildHorseFoundation.org (the “Site”), the official website for the American Wild Horse Foundation (“AWHF”, “the Foundation”, “we”, “us”, or “our”) to provide information, products, and/or services relating to the Foundation’s mission, approach, and initiatives.  The contents of the Site include, without limitation, all information, content, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video material, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Material”) and the term “Site” includes all of the Material. These Terms of Use constitute a legally binding agreement between you and the Foundation regarding your use of and access to the Site.

If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Site Terms of Use on such entity's behalf, and that such entity agrees to indemnify you and AWHF for violations of these Terms.

AWHF reserves the right to change or modify any of the terms and conditions contained in the Site Terms or any policy or guideline of the Site, at any time and in its sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Site. Your continued use of the Site following the posting of changes or modifications will constitute your acceptance of such changes or modifications.  

General

AWHF controls and operates this Site from the United States and is a solely US based organization. AWHF makes no representation that materials in this Site are appropriate or available for use in other locations, and access to this Site from territories where its contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Privacy Policy

The Foundation knows that the privacy of your personal information is important to you. Therefore, we have established a Privacy Policy, which is part of these Terms of Use.

Email Communications

By submitting your email address to the Website, you consent to being placed on our mailing list and thereby receiving e-mail correspondence from us, including newsletters, event advertisements, and Website updates. You may remove your e-mail address from the applicable mailing list at any time by clicking the “unsubscribe” link in any e-mail from us.  If you are reaching to us from outside the United States, you acknowledge and agree that we are only subject to the laws of the US.  

Copyright and Limited License

The Material including, without limitation, the selection, sequence, and “look and feel” and arrangement of the same together with all trademarks, service marks, and trade names displayed, distributed, or otherwise made available via the Site, are the exclusive property of AWHF and/or its affiliates, and any of their respective successors, assigns, licensors, and/or suppliers.  None of the Site Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted, transmitted or otherwise used in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of AWHF or the copyright owner. You shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use, any Material without the express prior written consent of AWHF. Any unauthorized or prohibited use of any Material may subject you to civil liability, criminal prosecution, or both, under applicable federal, state, and local laws. No information or statement contained in these Terms of Use or the Web site shall be construed as conferring, directly or by implication, estoppel, or otherwise, any license or right under any patent, copyright, trademark, or other intellectual property right of the Foundation, its affiliates, or any third party.

Sites Linking to This Site

If you would like to link another Web site to this Site, you may only do so if you obtain AWHF's prior permission. Such link may not suggest or imply AWHF's endorsement or approval of any product, position, entity, or individual, or portray AWHF in a false, misleading, derogatory or otherwise defamatory manner, and the linking site may not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. Any right to link may be revoked at any time. You may not use the AWHF logo or other proprietary graphic of AWHF to link to the Site without the express written permission of AWHF. Further, you may not frame or provide inline links to the Site without AWHF's express written consent.

Disclaimer

YOUR USE OF THIS SITE, THE SITE MATERIALS AND THE SERVICES PROVIDED ON OR THROUGH THE SITE (THE "SERVICES") IS AT YOUR OWN RISK AND ARE PROVIDED "AS IS", WITHOUT WARRANTIES OF ANY KIND. AWHF DOES NOT REPRESENT OR WARRANT THAT THE SITE, THE SITE MATERIALS OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE OR THAT THE SITE OR ITS SERVERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES FROM ANY DOWNLOAD. AWHF IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS. REFERENCE TO ANY PRODUCTS, SERVICES, PROGRAMS OR OTHER INFORMATION, BY TRADE NAME, TRADEMARK, MANUFACTURER, SUPPLIER OR OTHERWISE DOES NOT CONSTITUTE OR IMPLY ENDORSEMENT, SPONSORSHIP OR RECOMMENDATION THEREOF, OR ANY AFFILIATION THEREWITH, BY WWF. TO THE FULLEST EXTENT ALLOWED BY THE LAW, AWHF EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, CONDITIONS AND OTHER TERMS EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS AND FITNESS FOR PARTICULAR PURPOSE.

Feedback and Materials

Any comments or materials sent to AWHF (via any medium including e-mail and regular mail) including feedback data, such as questions, ideas, comments, suggestions, or the like regarding this Site or any other products or programs of AWHF (collectively "Feedback"), shall be deemed to be non-confidential and shall become the sole property of AWHF. You hereby assign all rights in the Feedback to AWHF, and AWHF shall have no obligation of any kind with respect to such Feedback. Without limiting the foregoing, AWHF shall be free to reproduce, use, disclose, exhibit, display, transform, create derivative works and distribute the Feedback to others without limitation, without acknowledgment or compensation to you. Further, you expressly waive any moral rights you may have in such Feedback.

Limitation of Liability

IN NO EVENT SHALL AWHF, ANY OTHER PARTY (WHETHER OR NOT INVOLVED IN CREATING, PRODUCING, MAINTAINING OR DELIVERING THE SITE), AND/OR THE OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS OR AGENTS OF ANY OF THEM, BE LIABILE FOR ANY DIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOSS OF INCOME, LOSS OF ACTUAL OR ANTICIPATED PROFITS, LOSS OF BUSINESS, LOSS OF CONTRACTS, LOSS OF GOODWILL OR REPUTATION, LOSS OF ANTICIPATED SAVINGS, LOSS OF, DAMAGE TO OR CORRUPTION OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSED THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CASED BY OR RESULTING FROM RELIANCE BY USER ON ANY INFORMATION OBTAINED FROM AWHF, OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO AWHF’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF AWHF, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO AWHF FOR ACCESS TO OR USE OF THE SITE.

Severability/Waiver

If any provision of these Site Terms is deemed unlawful, void or for any reason unenforceable, then such provision shall be deemed severable from these Site Terms and shall not affect the validity and enforceability of any remaining provisions. No waiver of any of these Site Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Governing Law and Jurisdiction

These Site Terms and your use of the Site are governed and construed in accordance with the laws of Nevada. You agree that any action at law or in equity arising or in any way relating to these Site Terms shall be filed only in the state and federal courts located in Nevada and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Site Terms.

Questions & Contact Information

Questions or comments regarding the Site should be directed by electronic mail to webmaster@americanwildhorsefoundation.org.