Terms and Conditions
TERMS AND CONDITIONS OF Pale Horse Concepts LLC at www.palehorseconcepts.com
Agreement between User and Pale Horse Concepts at www.PaleHorseConcepts.com
Welcome to the Pale Horse Concepts Website/App. The Pale Horse Concepts Website/App (the "Site") is comprised of various web pages operated by Pale Horse Concepts for its Website and App through the Terms and Conditions herein. This Website and App are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the "Terms"). Your use of the Website and/or App constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
Pale Horse Concepts Website/App is an E-Commerce Site, and may be used to introduce and coordinate users to an App that entails social media/ecommerce related sales, services, and/or subscriptions.
Privacy Policy Tie-in
Your use of the App and Website is subject to ‘Pale Horse Concepts’ Website/App“ Terms and Conditions” and “Privacy Policy” AND you accept all conditions, warranties and terms hereunder unconditionally by your use hereunder. Please review our Privacy Policy, which also governs the Site and informs users, inter alia, of our data collection practices. This “Terms and Conditions” document is to be used in combination and coordination with the attendant “Privacy Policy” document, such that they should be interpreted together, whereby if one document contains a paragraph/section (by way of example, ‘Disclaimers’ and/or ‘Indemnification’) the other document should be read as containing and applying such paragraph/section and interpreted as such without conflict. Any portion that violates federal or state law shall be ‘blue penciled’ out, with the remaining portions still in effect.
Electronic Communications
Visiting other related sites and/or sending emails to the Pale Horse Concepts Website (www.palehorseconcepts.com) or App pursuant to these Terms and Conditions constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Pale Horse Concepts Website/App Terms and Conditions is not responsible for third party access to your account that results from theft or misappropriation of your account. Pale Horse Concepts Website/App Terms and Conditions and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Pale Horse Concepts Website/App Terms and Conditions does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under eighteen (18,) you may use any portion of this website and app only with the express permission of a parent or guardian.
Cancellation/Refund Policy
You may cancel your use, subscription, or associated presence on this website or app at any time. Any cancellations made after 60 days of service will not qualify for a refund. Please contact us at customer.service.phc@gmail.com or at PO Box 2995, 446 E 29th St., Loveland, Colorado 80538-9998 USA by mail, with any questions.
Links to Third Party Sites/Third Party Services
Pale Horse Concepts Website and/or App may contain links to other websites ("Linked Sites"). The Linked Sites are not under the control of Pale Horse Concepts Website/App Terms and Conditions and Pale Horse Concepts Website/App Terms and Conditions is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Pale Horse Concepts Website/App Terms and Conditions is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Pale Horse Concepts Website/App Terms and Conditions of the site or any association with its operators.
Certain services made available via Pale Horse Concepts Website and/or App are delivered by third party sites and organizations. By using any product, service or functionality originating from the Pale Horse Concepts Website and/or App domain, you hereby acknowledge and consent that Pale Horse Concepts Website/App Terms and Conditions may share such information and data with any third party with whom Pale Horse Concepts Website/AppTerms and Conditions has a contractual relationship to provide the requested product, service or functionality on behalf of you or its users and customers.
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use Pale Horse Concepts Website and/or App strictly in accordance with these Terms. As a condition of your use of the Site, you warrant to Pale Horse Concepts Website/App Terms and Conditions that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Pale Horse Concepts Website/App Terms and Conditions or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Pale Horse Concepts Website/App Terms and Conditions content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Pale Horse Concepts Website/App Terms and Conditions and the copyright/trademark owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Pale Horse Concepts Website/App Terms and Conditions or our licensors except as expressly authorized by these Terms.
Prohibited Content, Conduct, or Behaviors – Users and Subscribers are prohibited to directly or indirectly provide certain content and/or engage in particular conduct or behaviors in connection or association with the App or the Website, including involvement in an association or relation with other subscribers and users that result in such content, conduct, or behaviors from the subscription and use thereof. Participation in any way in such content, conduct, or behaviors will be deemed a breach of the Terms and Conditions herein and may result in cessation, suspension, termination, and/or dissolution of the subscriber’s or user’s account with or without notice, at the sole and complete discretion of Pale Horse Concepts LLC,. as well as the deletion of certain content on the App or Website (or related databases, files, records, or archives) that display or formulate such conduct. Appeal of such decision is also at the sole and complete discretion of Pale Horse Concepts LLC, and any subscriber and/or user thereof shall not be entitled to any damages at law or equitable relief, other than that as described in the Warranties and Disclaimers section(s) of the Terms and Conditions herein.
Prohibited content and associated conduct and behaviors include, but are not necessarily limited to:
· Cruel and insensitive content (language or images), which targets persons with considerable physical or emotional harm;
· Content that entails that incites, encourages, or facilitates serious violence (that constitutes a credible threat to public or personal safety) to persons, places, animals, or possessions -- such content can be determined by organizations or individuals that proclaim a violent mission or are engaged terrorist activity, human trafficking, organized criminal activity, including hate, mayhem, and murder:
· Content that entails suicide or self-injury. including self-mutilation and eating disorders;
· Content that entails child exploitation or endangerment, including sexual exploitation and/or any sexual activity or solicitation of sexual activity with minors of any type;
· Content that entails bullying, sexual harassment and discrimination, sexual exploitation of person(s). including activities involving non-consensual sexual behaviors;
· Content that entails theft, deception, and/or defrauding someone of their property, including intellectual property, and identity;
Legal Usage of Communication Services – No impairment of rights of privacy and publicity
The Site may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service of any type by Pale Horse Concepts, LLC, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded; restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
Pale Horse Concepts Website/App Terms and Conditions has no obligation to monitor the Communication Services. However, Pale Horse Concepts Website/App Terms and Conditions reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. Pale Horse Concepts Website/App Terms and Conditions reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
Pale Horse Concepts Website/App Terms and Conditions reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in Pale Horse Concepts’ sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. Pale Horse Concepts Website/App Terms and Conditions does not control or endorse the content, messages or information found in any Communication Service and, therefore, Pale Horse Concepts Website/App Terms and Conditions specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized Pale Horse Concepts Website/App Terms and Conditions spokespersons, and their views do not necessarily reflect those of Pale Horse Concepts Website and/or App Terms and Conditions.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to You, directly or indirectly, or Posted on Any Pale Horse Concepts Website/App Terms and Conditions Web Page
Pale Horse Concepts Website/App does not claim ownership of the materials you provide to Pale Horse Concepts Website and/or App (including feedback and suggestions) or post, upload, input or submit to any Pale Horse Concepts Website/App Site or our associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting your Submissions you are granting Pale Horse Concepts and its Website and/or App, as well as our affiliated companies and necessary sublicensees permission to use your Submissions in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submissions; and to publish your name in connection with your Submissions.
Pale Horse Concepts Website/App Terms and Conditions is under no obligation to post or use any Submission you may provide and may remove any Submissions at any time in Pale Horse Concepts’ sole discretion. By posting, uploading, inputting, providing or submitting your Submissions you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Third-Party Accounts
You may be able to connect your Pale Horse Concepts Website/App account to third-party accounts. By connecting your Pale Horse Concepts Website/App account to a third-party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third-party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
The Service is controlled, operated and administered by Pale Horse Concepts Website/App and subject to Pale Horse Concepts Website/App Terms and Conditions from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Pale Horse Concepts Website/App Content accessed through the Internet in any way in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Pale Horse Concepts and its Website and/or App, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Pale Horse Concepts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Pale Horse Concepts in asserting any available defenses.
Arbitration
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association and under its then-current rules in a location selected by Pale Horse Concepts, LLC. The arbitrator's award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing party shall be entitled to recover its costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including Tort claims that are a result of these Terms. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Pale Horse Concepts agree otherwise, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Pale Horse Concepts AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
Pale Horse Concepts AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE PRODUCTS, INFORMATION, SOFTWARE, SERVICES AND RELATED COMPONENTS OR GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. Pale Horse Concepts AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING PRODUCTS LIABILITY CLAIMS OF ANY TYPE, INCLUDING AND ESPECIALLY THOSE BEYOND THE PRIVITY OF THE ORIGINAL PURCHASE ON THIS WEBSITE OR APP WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Pale Horse Concepts, LLC or its agents or representatives, its Website/App AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF Pale Horse Concepts and its Website/App OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. ANY DAMAGES SHALL BE LIMITED TO A REFUND OF THE PURCHASE PRICE FROM A TRANSACTION ON THIS WEBSITE, BUT ONLY TO THOSE IN PRIVITY WITH PALE HORSE CONCEPTS, LLC ON THIS WEBSITE E-COMMERCE SITE.
Termination/Access Restriction
Pale Horse Concepts reserves the right, in its sole discretion, to terminate your access to the Website/App and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Colorado and you hereby consent to the exclusive jurisdiction and venue of courts in Colorado in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Pale Horse Concepts Website/App under this Terms and Conditions document herein as a result of this agreement or use of the Site. Pale Horse Concepts and its Website and/or App performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Pale Horse Concepts and its Website and/or App rights to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Pale Horse Concepts and its Website/App with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Pale Horse Concepts with respect to the Website and its App, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Pale Horse Concepts with respect to the Website and its App. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Pale Horse Concepts reserves the right, in its sole discretion, to change the Terms under which any of its services are offered. The most current version of the Terms will supersede all previous versions. Pale Horse Concepts and its Website and App encourages you to periodically review the Terms to stay informed of our updates.
Contact Us
Pale Horse Concepts LLC and PaleHorseConcepts.com is owned and managed by James Gallant. The Website and any attendant App welcomes your questions or comments regarding the Terms:
Email Address:
customer.service.phc@gmail.com
Mailing Address:
PO Box 2995
446 E 29th St
Loveland, Colorado 80538-9998
Telephone number:
(860)-712-9249
Effective as of June 1, 2021
Terms and Conditions of Sale
Pale Horse Concepts TERMS AND CONDITIONS OF SALE
PLEASE READ THESE TERMS AND CONDITIONS OF SALE AGREEMENT VERY CAREFULLY. THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH PALE HORSE CONCEPTS, LLC, IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).
This Agreement is subject to and incorporates all instructions, warnings and terms and conditions contained with the product. By use of the products, you indicate your acceptance of all the terms and conditions of this Agreement.
I. These terms and conditions of commercial sale (the “Terms and Conditions”) of Pale Horse Concepts, LLC. (the “Seller”) bind the Seller and its customer (the “Buyer”) and apply to and form an integral part of all quotations and offers made by Seller, all acceptances, acknowledgements and confirmations by Seller of any orders by Buyer and any agreements (“Agreements”) regarding the sale by Seller and purchase by Buyer of goods and services (“Products”), unless and to the extent Seller explicitly agrees otherwise. Seller reserves the right to unilaterally modify or amend any portion of these Terms and Conditions at any time without prior notice. The current version of the general Terms and Conditions and any modifications or amendments supersedes all prior versions of these Terms and Conditions. The most current version of these Terms and Conditions may be found at Seller’s website (www.palehorseconcepts.com) and is otherwise available upon request, and these Terms and Conditions may be changed by Seller at any time without notice at its sole discretion.
General Disclaimers
II. SELLER MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, TO ANY PURCHASER OR PRODUCT REGARDING SUCH INFORMATION OR PRODUCTS EXCEPT THAT SELLER WARRANTS THAT IT HAS GOOD TITLE TO THE PRODUCTS AND THE PRODUCTS WILL CONFORM TO THEN CURRENT TECHNICAL SPECIFICATIONS AT THE TIME OF DELIVERY. OTHERWISE, THE PRODUCT IS SOLD AS-IS
(See the Website Terms and Conditions/Privacy Policy for a complete and full Disclaimer and Limitation of Warranties.)
III. SELLER EXPRESSLY EXCLUDES all conditions, warranties and terms implied by statute, general law or custom except any implied condition or warranty which cannot be excluded under any applicable statute.
IV. SELLER EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Seller's warranties made in connection with this sale shall not be effective if Seller has determined, in its sole discretion, that Buyer or with knowledge, its customer has misused the products in any manner, has failed to use the products in accordance with industry standards and practices, or has failed to use the products in accordance with instructions furnished by Seller (found at www.palehorseconcepts.com).
V. Seller excludes all liability to Buyer and its customers for any acts or omissions or those of its employees, agents or contractors arising out of or in connection with the products.
VI. Seller's sole and exclusive liability and Buyer's exclusive remedy with respect to products proved to Seller's satisfaction to be defective or nonconforming shall be replacement of such products without charge or refund of the purchase price, in Seller's sole discretion, upon the return of such products in accordance with Seller's instructions.
VII. SELLER SHALL NOT IN ANY EVENT BE LIABLE FOR INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES OF ANY KIND RESULTING FROM ANY USE OR FAILURE OF THE PRODUCTS, EVEN IF SELLER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
VIII. Subject to these conditions, Buyer warrants that it has not relied on any representation made by Seller which has not been stated expressly in a written agreement or upon any descriptions, illustrations or specifications contained in any document including catalogs or publicity material produced by Seller.
IX. Arbitration
Any claim, dispute, or controversy (whether in contract, tort, or otherwise, whether preexisting, present or future, and including statutory, common law, international tort and equitable claims) arising from or relating to this Sale Agreement, its interpretation, or the breach, termination or validity thereof, the relationships which result from this Agreement (including, to the full extent permitted by applicable law, relationships with third parties who are not signatories to this Agreement), Seller's advertising, or any related purchase SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION. Any Arbitration shall be held in Larimer County, Colorado. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.
X. Governing Law
This Agreement and any sales hereunder shall be governed by the law of the state of Colorado, without regard to conflict of laws rules. The Buyer consents to venue in the Loveland, Colorado.
XI. No Assigns
Buyer may not assign this Agreement without the prior written consent of Seller. This Agreement is binding upon any successors and/or assigns. Any subsequent purchaser of the product shall not be considered in privity with Pale Horse Concepts LLC, nor entitled to any remedies under products liability claims.
XII. Buyer Obligations
Buyer warrants that the products will be used and maintained by Buyer strictly in accordance with any instructions, warnings and terms and conditions contained with the product and; failure to do so results in breach of this agreement and possible criminal as well as civil penalties.
Buyer will indemnify Seller against all claims, damages or other losses of whatever nature suffered by Seller as a result of its failure to comply with these conditions.
XIII. Severability.
Whenever possible, each provision of these conditions shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision is held invalid or unenforceable, the remainder of these conditions shall nevertheless remain in full force and effect and the invalid or unenforceable provision shall be replaced by a valid or enforceable provision.
Privacy Policy
Pale Horse Concepts /Website/App “Privacy Policy”
Protecting your private information is our priority. This Statement of Privacy (“Privacy Policy”) applies to Pale Horse Concepts’ Website and App and governs data collection and usage. For the purposes of this Privacy Policy, unless otherwise noted, all references to Pale Horse Concepts’ Website and App are to Pale Horse Concepts. By using the Pale Horse Concepts’ Website and App, you consent to the data practices described in this statement. This document is to be used in combination and coordination with a ‘Terms and Conditions’ document, such that they should be interpreted together, whereby if one document contains a paragraph/section (by way of example, ‘Disclaimers’ and/or ‘Indemnification’), the other document should be read as containing and applying such paragraph/section to ANY use of the Website or App and interpreted as such. Any portion that violates federal or state law shall be ‘blue penciled’ out, with the remaining portions still in effect.
Collection of your Personal Information
In order to better provide you with products and services offered on our Site, Pale Horse Concepts’ Website and App may collect personally identifiable information, such as your:
- First and Last Name
- Mailing Address
- E-mail Address
- Phone Number
If you purchase Pale Horse Concepts’ Website and App's products and services, we collect billing and credit card information. This information is used to complete the purchase transaction.
Pale Horse Concepts’ Website and App may also collect anonymous demographic information, which is not unique to you, such as your:
- Age
- Gender
- Race
We do not collect any personal information about you unless you voluntarily provide it to us. However, you may be required to provide certain personal information to us when you elect to use certain products or services available on the Site. These may include: (a) registering for an account on our Site; (b) sending us an email message; (c) signing up for special offers from selected third-parties; (d) submitting your credit card or other payment information when ordering and purchasing products and services on our Site. To wit, we will use your information for, but not limited to, communicating with you in relation to services and/or products you have requested from us. We also may gather additional personal or non-personal information in the future.
Use of your Personal Information
Pale Horse Concepts’ Website and App collects and uses your personal information to operate its website(s) and deliver the services you have requested.
Pale Horse Concepts’ Website and App may also use your personally identifiable information to inform you of other products or services available from Pale Horse Concepts’ Website and App and its affiliates.
Sharing Information with Third-Parties
Pale Horse Concepts’ Website and App does not sell, rent or lease its customer lists to third parties.
Pale Horse Concepts’ Website and App may, from time to time, contact you on behalf of external business partners about a particular offering that may be of interest to you. In those cases, your unique personally identifiable information (e-mail, name, address, telephone number) is transferred to the third party. Pale Horse Concepts’ Website and App may share data with trusted partners to help perform statistical analysis, send you email or postal mail, provide customer support, or arrange for deliveries. All such third parties are prohibited from using your personal information except to provide these services to Pale Horse Concepts’ Website and App, and they are required to maintain the confidentiality of your information.
Pale Horse Concepts’ Website and App may disclose your personal information, without notice, if required to do so by law or in the good faith belief that such action is necessary to: (a) conform to the edicts of the law or comply with legal process served on Pale Horse Concepts’ Website and App or the site; (b) protect and defend the rights or property of Pale Horse Concepts’ Website and App; and/or (c) act under exigent circumstances to protect the personal safety of users of Pale Horse Concepts’ Website and App, or the public.
Opt-Out of Disclosure of Personal Information to Third Parties
In connection with any personal information we may disclose to a third party for a business purpose, you have the right to know:
• The categories of personal information that we disclosed about you for a business purpose.
You have the right under the California Consumer Privacy Act of 2018 (CCPA) and certain other privacy and data protection state laws, as well as the European ‘General Date Protection Regulation’ (GDPR) as applicable, to opt-out of the disclosure of your personal information. If you exercise your right to opt-out of the disclosure of your personal information, we will refrain from disclosing your personal information, unless you subsequently provide express authorization for the disclosure of your personal information. To opt-out of the disclosure of your personal information, visit this Web page www.palehorseconcepts.com.
Tracking User Behavior
Pale Horse Concepts’ Website and App may keep track of the websites and pages our users visit within Pale Horse Concepts’ Website and App, in order to determine what Pale Horse Concepts’ Website and App services are the most popular. This data is used to deliver customized content and advertising within Pale Horse Concepts’ Website and App to customers whose behavior indicates that they are interested in a particular subject area.
Automatically Collected Information
Information about your computer hardware and software may be automatically collected by Pale Horse Concepts’ Website and App. This information can include: your IP address, browser type, domain names, access times and referring website addresses. This information is used for the operation of the service, to maintain quality of the service, and to provide general statistics regarding use of the Pale Horse Concepts’ Website and App website.
Links
This website contains links to other sites. Please be aware that we are not responsible for the content or privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of any other site that collects personally identifiable information.
Security of your Personal Information
Pale Horse Concepts’ Website and App secures your personal information from unauthorized access, use, or disclosure. Pale Horse Concepts’ Website and App uses the following methods for this purpose:
- SSL (Secure Sockets Layer ) Protocol
When personal information (such as a credit card number) is transmitted to other websites, it is protected through the use of encryption, such as the Secure Sockets Layer (SSL) protocol.
We strive to take appropriate security measures to protect against unauthorized access to or alteration of your personal information. Unfortunately, no data transmission over the Internet or any wireless network can be guaranteed to be 100% secure. As a result, while we strive to protect your personal information, you acknowledge that: (a) there are security and privacy limitations inherent to the Internet which are beyond our control; and (b) security, integrity, and privacy of any and all information and data exchanged between you and us through this Site cannot be guaranteed.
Right to Deletion
Subject to certain exceptions set out below, on receipt of a verifiable request from you, we will:
• Delete your personal information from our records; and
• Direct any service providers to delete your personal information from their records.
Please note that we may not be able to comply with requests to delete your personal information if it is necessary to:
• Complete the transaction for which the personal information was collected, fulfill the terms of a written warranty or product recall conducted in accordance with federal law, provide a good or service requested by you, or reasonably anticipated within the context of our ongoing business relationship with you, or otherwise perform a contract between you and us;
• Detect security incidents, protect against malicious, deceptive, fraudulent, or illegal activity; or prosecute those responsible for that activity;
• Debug to identify and repair errors that impair existing intended functionality;
• Exercise free speech, ensure the right of another consumer to exercise his or her right of free speech, or exercise another right provided for by law;
• Comply with the California Electronic Communications Privacy Act;
• Engage in public or peer-reviewed scientific, historical, or statistical research in the public interest that adheres to all other applicable ethics and privacy laws, when our deletion of the information is likely to render impossible or seriously impair the achievement of such research, provided we have obtained your informed consent;
• Enable solely internal uses that are reasonably aligned with your expectations based on your relationship with us;
• Comply with an existing legal obligation; or
• Otherwise use your personal information, internally, in a lawful manner that is compatible with the context in which you provided the information.
Children Under Thirteen
Pale Horse Concepts’ Website and App does not knowingly collect personally identifiable information from children under the age of thirteen (13). If you are under the age of thirteen (13), you must ask your parent or guardian for permission to use this website. Any use of this website or app by children under the age of thirteen (13) is strictly prohibited, and any use of this website or app is a representation and warranty that you are not under the age of thirteen (13) nor acting on behalf of someone under the age of thirteen (13). See the associated Terms and Conditions Policy document for prohibited behaviors as well.
Disconnecting your Pale Horse Concepts Website/App Account from Third-Party Websites
You will be able to connect your Pale Horse Concepts’ Website and App account to third party accounts. BY CONNECTING YOUR PALE HORSE CONCEPTS’ WEBSITE AND APP ACCOUNT TO YOUR THIRD-PARTY ACCOUNT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON THOSE THIRD-PARTY SITES). IF YOU DO NOT WANT INFORMATION ABOUT YOU, INCLUDING PERSONALLY IDENTIFYING INFORMATION, TO BE SHARED IN THIS MANNER, DO NOT USE THIS FEATURE. You may disconnect your account from a third-party account at any time. Users may learn how to disconnect their accounts from third-party websites by visiting their "My Account" page on the Website and/or App. Users may also contact us via email or telephone.
Opt-Out & Unsubscribe from Third-Party Communications
We respect your privacy and give you an opportunity to opt-out of receiving announcements of certain information. Users may opt-out of receiving any or all communications from third-party partners of Pale Horse Concepts’ Website and App by contacting us here:
- Web page: Pale Horse Concepts Webpage at www.PaleHorseConcepts.com
- Email: customer.service.phc@gmail.com
- Mailing Address: PO Box 2995, 446 E 29th St., Loveland, Colorado 80538-9998
- Phone: (860)-712-9249
E-mail Communications
From time to time, Pale Horse Concepts’ Website and App may contact you via email for the purpose of providing announcements, promotional offers, alerts, confirmations, surveys, and/or other general communication.
If you would like to stop receiving marketing or promotional communications via email from Pale Horse Concepts’ Website and App, you may opt out of such communications by Customers may unsubscribe from emails by "replying STOP" or "clicking on the UNSUBSCRIBE button or something similar.".
Changes to this Statement
Pale Horse Concepts’ Website and App reserves the right to change this Privacy Policy from time to time. We will notify you about significant changes in the way we treat personal information by sending a notice to the primary email address specified in your account, by placing a prominent notice on our site, and/or by updating any privacy information on this page. Your continued use of the Site and/or Services available through this Site after such modifications will constitute your: (a) acknowledgment of the modified Privacy Policy; and (b) agreement to abide and be bound by that Policy.
Contact Information
Pale Horse Concepts’ Website and App welcomes your questions or comments regarding this Statement of Privacy. If you believe that Pale Horse Concepts’ Website and App has not adhered to this Statement, please contact Pale Horse Concepts’ Website and App at:
- Web page: Pale Horse Concepts Webpage at www.PaleHorseConcepts.com
- Email: customer.service.phc@gmail.com
- Mailing Address: PO Box 2995, 446 E 29th St, Loveland, Colorado 80538-9998
- Phone: (860)-712-9249
Effective as of June 1, 2021