You acknowledge and agree that in certain circumstances we may be obliged to disclose personal information you submit to third parties, for example, in order to conform to any requirements of law or to comply with any legal process, as well as to protect and defend our rights.
We reserve the right to transfer ownership of the website (including personal information you submit) to a third party in the event of a sale, merger, liquidation, receivership or transfer of all or substantially all of the assets of us, a subsidiary or line of business associated with us.
You should note that technical details which we cannot associate with any identifiable individual do not constitute “personal data“ for the purposes of the Data Protection Acts 1988 and 2003.
THIRD PARTY CONTENT AND OTHER WEBSITE
The Services may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Prism of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Your access to and use of the Services or any content is at your own risk. You understand and agree that the Services is provided to you on an “AS IS“ and “AS AVAILABLE“ basis. Without limiting the foregoing, PRISM AND ITS PARTNERS DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Services or any content thereon. Prism will not be responsible or liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services, or any content. You also agree that Prism has no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services. We make no warranty that the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from Prism or through the Services, will create any warranty not expressly made herein.
Notwithstanding anything else in this Terms of Service, any information related to treatment and care of a horse that is posted on this Site is for information purposes only and you expressly agree that you are not relying on any treatment and care posted on this website and you hold Prism free of any liability. You also expressly agree that you are using treatment and care information at your own risk and you understand that Prism makes no representation as to the accuracy, completeness, or reliability of the treatment and care-related information.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PRISM AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; AND (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT PRISM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
WAIVER AND SEVERABILITY
The failure of Prism to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
LAW AND JURISDICTION
These Terms and any action related thereto will be governed by the laws of the Australia without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Services will be brought solely in Prism, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
a. the Member must first provide full details of the Dispute to Prism by email to such email address as Prism may designate from time to time on the Website or otherwise and by mail by registered post and allow Prism a reasonable amount of time to investigate the Dispute before providing a written response; and
b. the Member shall assist and cooperate with Prism during the period when Prism investigates and assesses the nature of the Dispute.
Members hereby indemnify Prism for all costs associated with dealing with a Dispute if because of the Member“s non-compliance with this clause the Member has caused Prism to incur costs which it would not have incurred or has incurred to a greater extent than necessary had the Member complied with this clause.
To the maximum extent permitted by law, the parties agree that in the event of a Dispute, the Member must not commence any court or arbitration proceedings relating to the Dispute until it has complied with clause (a) and (b) above to attempt to resolve the Dispute.
Nothing in this clause prejudices the right of either party to seek urgent injunctive, interlocutory or declaratory relief from a court in connection with the Dispute without first having to attempt to resolve the Dispute.
We may revise these Terms from time to time, the most current version will always be at prism.horse/terms. If the revision, in our sole discretion, is material we will notify you via e-mail to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.
These Services are operated and provided by Prism. If you have any questions about these Terms, please contact us at firstname.lastname@example.org.