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General terms & conditions

Terms & Conditions

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site. By accepting these Terms and Conditions through your use of this Site, you certify that you reside in the United States and are 18 years of age or older. If you are under the age of 18 but at least 14 years of age you may use this Site only under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions. This site does not knowingly collect personal information about children under the age of 14 without prior parental consent. If you are a parent or legal guardian agreeing to these Terms and Conditions for the benefit of a child between the ages of 14 and 18, please be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.


Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Diamond Royal Tack LLC and our DBA Beyond the Barn. The collective work includes works that are licensed to Diamond Royal Tack. Copyright 2019, Diamond Royal Tack ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Diamond Royal Tack or purchasing Diamond Royal Tack and Beyond the Barn products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Diamond Royal Tack or to purchase Diamond Royal Tack products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Diamond Royal Tack. You further agree not to change or delete any proprietary notices from materials downloaded from the site.


Trademarks
All trademarks, service marks and trade names of Diamond Royal Tack used in the site are trademarks or registered trademarks of Diamond Royal Tack


Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Diamond Royal Tack disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Diamond Royal Tack does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Diamond Royal Tack does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.


Limitation of Liability
Diamond Royal Tack shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Diamond Royal Tack has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.


Typographical Errors
In the event that a Diamond Royal Tack product is mistakenly listed at an incorrect price, Diamond Royal Tack reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Diamond Royal Tack reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Diamond Royal Tack shall issue a credit to your credit card account in the amount of the incorrect price.


Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Diamond Royal Tack without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.


Notice
Diamond Royal Tack may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Diamond Royal Tack.

 


Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Diamond Royal Tack or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.


Participation Disclaimer
Diamond Royal Tack does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Diamond Royal Tack is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Diamond Royal Tack reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Diamond Royal Tack in its sole discretion.


Indemnification
You agree to indemnify, defend, and hold harmless Diamond Royal Tack, its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.


Third-Party Links
In an attempt to provide increased value to our visitors, Diamond Royal Tack may link to sites operated by third parties. However, even if the third party is affiliated with Diamond Royal Tack, Diamond Royal Tack has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Diamond Royal Tack. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Diamond Royal Tack seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).

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