Terms of Service

The following terms and conditions govern your use of www.westerndressageassociation.org and any related services and products of the Western Dressage Association® of America (“WDAA”) (collectively, the “Service”) that reference these Terms of Use. The term “you” shall refer to any person or entity that uses the Service.

BY USING THE SERVICE, YOU AGREE TO THESE TERMS OF USE AND CONCLUDE A LEGALLY BINDING CONTRACT WITH WDAA.

You must be at least 18 years old to be eligible to use the Service. However, if you are at least 13 years old but not yet 18, you may use the Service in conjunction with your parent or guardian who agrees to this Agreement.

I. CONDITIONAL USE RIGHTS.

Scope. WDAA grants you permission to use the Service and to download, email, and if applicable share via social media the Service on the condition that such use is personal and non-commercial, you do not remove any trademark, copyright or other notices, and with the understanding that any rights not expressly granted herein are reserved.

User Prohibitions. No material from the Service may be incorporated in any database, compilation, archive or cache and you may not modify, resell, license, or create derivative works from, any content or software obtained from the Service without WDAA’s written permission. In addition, you warrant not to do any of the following:

  • Use the Service to generate spam.
  • Provide WDAA with false or incorrect contact information, whether or not intentional.
  • Abuse, threaten, slander, or otherwise harm in any way any business promoted on the Service or any WDAA member, employee, or other person connected to WDAA.
  • Use the Service in contravention of any laws in your jurisdiction, whether or not intentional.
  • Modify or otherwise corrupt the functionality of the Service.

Assumption of Risks. Your dealings with other members on the Service or third parties (including businesses and advertisers) are solely between you and such individuals or entities. You should conduct any diligence you feel necessary before engaging online or offline with any of these third parties. You agree that WDAA will not be liable for any damages incurred as a result of such dealings.

II. SITE AND SERVICE USER MEDIA.

Nature of User Media. The Service may allow you and others to post or otherwise submit user generated content, including classifieds, events, and any other interactive service, to the Service (collectively, “User Media”). You agree not to submit any User Media that:

  • contains viruses, malware or other harmful files;
  • is defamatory, false, or violates the privacy or publicity rights of any third party;
  • unfairly interferes with any third party’s use and enjoyment of the Service;
  • is intended primarily to promote a cause (political, religious or other);
  • contains vulgar language or expressions of discrimination or hate;
  • contains copyrighted content without the permission of the owner (or otherwise infringes on a third party’s intellectual property);
  • constitutes or encourages illegal acts under any local, state, national or international law;
  • harms minors in any way; and/or
  • does not comply with these Terms of Use.

User Representations and Warranties. For each submission of User Media, you warrant that you have the right to provide such User Media, which means:

  • you authored the User Media, or
  • the User Media is not protected by copyright law, or
  • you have express permission from the copyright owner to use the User Media in connection with the Service; and
  • you have the right to grant WDAA the license set out in these Terms of Use;
  • for User Media that promotes any events or business, you have had first hand experience with the subject events or business; and
  • your use of the Service and User Media does not violate these Terms of Use.

Disclaimer of Responsibility. User Media is not endorsed by and does not represent the views of WDAA. WDAA does not control User Media and disclaims (i) any duty to review, remove, or edit User Media, (ii) any responsibility for the effects of harmful files, such as malware, that may be contained in such User Media, or (iii) any responsibility for conduct by users in connection with User Media, including activities at events or transactions promoted by such User Media, or that violates these Terms of Use. In addition, WDAA does not warrant that any other content or information accessible via the Service is accurate or reliable. WDAA assumes no responsibility or liability for any errors or omissions in the content of the Service.
Review & Removal of User Media. WDAA reserves the right (but disclaims any duty) to review, refuse to post, remove, or edit (at any time and without prior notice) User Media for any reason it its sole discretion. You may contact WDAA to request removal of User Media, however, WDAA disclaims any duty to comply with such request except as specifically outlined in this paragraph.

III. ACCOUNT, PASSWORD AND SECURITY.

If you register and/or create an account with WDAA, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in and password credentials (a “User ID”). You are responsible for maintaining the security of your User ID and you are fully responsible for all activities that occur under your User ID. You agree to notify WDAA immediately if you become aware that your User ID is being used without authorization. WDAA will not be liable for any damage of any kind arising from or relating to any acts or omissions by you or someone else using your User ID.

IV. MODIFIED TERMS.

WDAA may modify the Terms of Use and/or our Privacy Policy and any related policies from time to time and at any time without actual notice. Any use of the Site or Service by user after the posting of modifications shall be deemed to constitute acceptance by you of such modifications whether or not you have reviewed them. In the event that changes include the adding of certain material fees or charges, such changes will be effective upon the earlier of our dispatch of an e-mail notice to you or our posting of notice on the Service, provided that these changes will not apply to purchases made in connection with the Service prior to the effective date of such changes and notice is not required when the nature of new fees, charges or related functionality of the Service constructively conveys notice of the change.

V. TERMINATION OF SERVICES.

WDAA reserves the right to terminate the Service, these Terms of Use, or services with any particular user, at any time, for any reason. In the event of any termination, you will immediately cease accessing the Site and Service.

VI. PRIVACY POLICY.

You represent that you have read and understood our Privacy Policy. Note that we may disclose information about you to third parties under certain conditions. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.

VII. THIRD PARTIES.

The Service may include links to other websites or applications (each a “Third Party Site”). WDAA does not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk.

VIII. INTELLECTUAL PROPERTY.

Ownership by WDAA. WDAA and its licensors retain ownership of all intellectual property rights of any kind related to the Site and Service, including applicable copyrights, trademarks and other proprietary rights. WDAA does not grant any license to you under any of those rights by virtue of these Terms of Use, except for the conditional right to use the Service subject to the Terms of Use. Western Dressage Association™ is our trademark and other product and company names that are mentioned on the Site or provided as part of the Service may be trademarked. We reserve all rights that are not expressly granted to you herein.

The content on the Site and Service, excluding all intellectual property of other sites obtained by way of API and linking and User Media, is owned by WDAA. This includes, without limitation, the text, software, scripts, graphics, photos, sounds, interactive features and the trademarks, service marks and logos contained therein (“Marks”). The Marks are owned or licensed to WDAA, subject to copyright and other intellectual property rights under United States law, the law of the jurisdiction where you reside, and international conventions.

User’s Grant of Limited License. You retain any intellectual property rights in any copyrighted materials and trademarks that are contained in User Media that you submit or send to the Service; however, you grant us a royalty-free, perpetual, irrevocable, non-exclusive license to use, modify, and distribute the User Media or communication alone or as part of other works in any form, without territorial or time limitations, and to sublicense such rights. You also grant WDAA the right to use any personally identifiable information included with any User Media in connection with the use or distribution of such User Media. You also grant WDAA the right to use the User Media and any facts or concepts contained in such User Media for any purpose, including developing and promoting products and services. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any User Media or part thereof, or other communication to us.

IX. MISCELLANEOUS.

Disclaimer.

USER EXPRESSLY AGREES THAT USE OF THIS SITE AND THE SERVICE IS AT USER’S SOLE RISK.

NEITHER WDAA, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE AGENTS, , THIRD-PARTY PROVIDERS OR LICENSORS, WARRANT THAT USE OF THE SERVICE WILL BE ERROR FREE.

THE SERVICE IS MADE ACCESSIBLE ON AN “AS IS” AND “AS AVAILABLE” BASIS. WDAA HEREBY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING, BUT NOT LIMITED TO, THOSE OF TITLE NONINFRINGEMENT, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE.

Limitation of Liability.

YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY DISPUTE WITH US IS TO DISCONTINUE YOUR USE OF THE SERVICE.

In no event shall WDAA or its affiliates, officers, directors, employees or agents be liable for any damages of any kind, including but not limited to, consequential damages, loss of use, loss of profits or loss 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, or inability to use, or any errors, omissions, or other inaccuracies in, the Service or content contained on, or accessed through, the Service, even if WDAA has been advised of the possibility of such damages. Because some jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such jurisdictions, WDAA’s liability shall be limited to the extent permitted by law.

Indemnification.

You agree to defend, indemnify, and hold harmless WDAA and its affiliates, employees, officers, directors, and agents, from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising in any way from your use or misuse of the Service, including your interaction with any entity that advertises or promotes offers on the Service, your violation of any term of these Terms of Use, your violation of any third party right, including any copyright, property, or privacy right, or any claim that User Media you provided causes damage to a third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defense. This defense and indemnification obligation will survive these Terms of Use and your use of the Service.

Agreement Enforceability.

These Terms of Use, and any other policies, terms, and conditions explicitly referenced and incorporated herein, including the Privacy Policy, as amended from time to time, constitute the entire Agreement (the “Agreement”) between you and WDAA. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Applications of Membership are subject to review by the Association and may be denied with reasonable notice to the applicant. Additionally, the Association expressly reserves the right to terminate actual membership at its discretion.