Read Our Terms of Service & Privacy Policy

Terms & Conditions

Introduction

Please read the following terms and conditions (the “Terms of Use”) carefully before using this website (the “Website”). These Terms of Use set forth the legally binding terms and conditions for your use of the Website and for the services offered and business conducted by Phoenix Performance Products Inc. (the “Company,” “we,” “our,” or “us”) on the Website (the “Services”). By accessing the Website, you agree to be bound by these Terms of Use, as they may be amended from time to time following the terms provided below. If you do not agree with these Terms of Use, you may not use the Website. We recommend keeping a printed copy of these Terms of Use for future reference.

The Service is offered subject to acceptance of all of the terms and conditions contained in these Terms of Use, including the Privacy Policy available on the Website, and all other operating rules, policies, and procedures that may be published on the Website by the Company (including the Customer Care policy), which are incorporated by reference and may be updated by the Company without notice. In addition, some Services offered through the Website may be subject to additional terms and conditions adopted by the Company. Your use of those Services is subject to those other terms and conditions incorporated into these Terms of Use by this reference.

Modification of Terms and Uses

The Company reserves the right, in its sole discretion, to modify or replace these Terms of Use, or change, suspend, or discontinue the Website (including, but not limited to, the availability of any feature, database, or content) at any time for any reason and without prior notice. The Company may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. It is your responsibility to check the Terms of Use periodically for changes. Your continued use of the Website following the posting of any changes to the Terms of Use constitutes acceptance of those changes.

Registration

You may view the Website without registering, but as a condition of using certain aspects of the Service, you may be required to register with the Company and select a password and/or screen name (“User ID”). If you open an account, register, purchase products, or provide any information to the Company, you agree to provide accurate, complete, and updated information as requested. Failure to do so shall constitute a breach of the Terms of Use, resulting in immediate termination of your account. You shall not use a User ID or password that (i) is the name of another person with the intent to impersonate that person; (ii) is subject to any rights of another person, without appropriate authorization; or (iii) is otherwise offensive, vulgar, or obscene. The Company reserves the right to refuse registration of or cancel a User ID or password at its sole discretion. You are solely responsible for the activity that occurs on your account and shall be responsible for maintaining the confidentiality of your password for the Website. You will immediately notify the Company in writing of any unauthorized use of your account or other known account-related security breaches. By providing the Company with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in place of communication by postal mail. We may also use your email address to send you other messages, including changes to the website's features, special offers, and confirmations and information regarding purchases.

Intellectual Property Ownership & Use

You agree that the Company owns and shall own all rights, title, and interest, throughout the world, in and to the Website and Service, and all copyrights, trade secrets, trademarks, service marks, trade dress rights, patent and invention rights, and other intellectual property rights associated therewith. Please be aware that as you visit and navigate this Website, your use of our Website is subject to applicable laws governing ownership and use of intellectual property, including our trademarks and copyrights.

For international Website users: This Website is hosted in Canada. By using this Website, you are subjecting yourself to the laws and jurisdiction of Canada.

Trademarks

You may not use any of the Company’s trademarks or trade dress without our prior written permission. Trademarks or trade dress include the Tipperary name and logos, other graphics, logos, page headers, button icons, scripts, and service names of the Company’s products, services, and programs. Any other trademarks on our Website are the property of their owners, who may or may not be affiliated with, connected to, or sponsored by us or our affiliates.

Copyright

All text, graphics, photographs, logos, button icons, images, audio clips, digital downloads, and data compilations appearing on the Website, including in related emails and marketing materials, as well as the software used to create them, are owned or licensed by the Company and/or its affiliates and are protected by Canada, U.S., and foreign copyright laws. You may electronically copy and/or print “hard copies” from the Website solely for personal, non-commercial purposes related to placing an order or shopping on the Website. Any other use of any content included on the Website, including linking or framing to this Website, is strictly prohibited unless you first obtain our prior written consent.

Non-confidential Information

Except for information necessary to place an order, please do not send us any confidential or proprietary information through this Website. Any information, materials, suggestions, ideas, or comments sent to us will be considered non-confidential, and by submitting it, you are giving us the absolute right to use, modify, reproduce, transmit, display and distribute it for any purpose whatsoever, with no payment or other compensation to you. However, we will not use your name unless we are required by law to identify the source of the materials, information, suggestions, ideas, or comments or unless we first obtain your permission.

Errors & Inaccuracies

We always try to provide complete, accurate, up-to-date information on our Website. Unfortunately, despite those efforts, human or technological errors may occur. This Website may contain typographical mistakes, inaccuracies, or omissions, which may relate to pricing and availability, and some information may not be complete or current. We reserve the right to correct any errors, inaccuracies, or omissions, including after an order has been submitted, and to change or update information without prior notice.

Shipment of Order

Orders will be shipped to the address designated by the purchaser as long as that shipping address is compliant with the restrictions contained on francesvalentine.com. All purchases from tipperaryequestrian.com are made according to the terms and conditions found on this Website. Risk of loss and title for items purchased from the Website pass to the buyer upon delivery of the items to the carrier. The buyer is responsible for filing any claims with carriers for damaged and/or lost shipments.

General Rules of Conduct

As a condition of use, you promise not to use the Website for any purpose that is prohibited by the Terms of Use or law. The Website is provided only for your own personal, non-commercial use. You are responsible for all of your activity in connection with the Website.

You shall not: (i) take any action that imposes or may impose (as determined by the Company in its sole discretion) an unreasonable or disproportionately large load on the Company’s or its third-party providers’ infrastructure; (ii) interfere or attempt to interfere with the proper working of the Service or any activities conducted on the Service; (iii) use any network monitoring or discovery software to determine the Website’s architecture, or to extract information about usage or users; (iv) harvest or collect User IDs or any Personal Information (as that term is defined in the Privacy Policy) about our Users; (v) bypass any measures the Company may use to prevent or restrict access to the Service (or other accounts, computer systems, or networks connected to the Service); (vi) use any Company-owned mark or product name as a meta-tag or other ‘hidden text’ for search engines in a manner that does not inure to the benefit of the Company; (vii) run Maillist, Listserv, or any form of auto-responder or “spam” on the Service; or (viii) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Website.

You shall not directly or indirectly: (i) decipher, decompile, disassemble, reverse engineer, or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Service, except to the limited extent applicable laws specifically prohibit such restriction and/or to the extent any such source code is opensource; (ii) modify, translate, or otherwise create derivative works of any part of the Service; or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder. You shall abide by all applicable local, state, national, and international laws and regulations.

The Company does not guarantee that any content or services will be made available through the Website, and the Company has no obligation to monitor the Website. The Company reserves the right to, at any time, for any reason, and without notice, to remove or block any content, including, but not limited to, any content you may submit to the Website. Frances Valentine reserves the right not to comment on the reasons for any of these actions.

Disclaimers

Use of this website is at your sole risk unless otherwise explicitly stated. The website,
including the information, services, and content, is provided on an "as is, "as available", and "with all faults" basis. SenseAble, L.L.C. disclaims all express or implied conditions, representations, and warranties of any kind, including any implied warranty or condition of merchantability, satisfactory quality, or fitness for a particular purpose. SenseAble,
L.L.C. makes no representations, warranties conditions or guarantees as to the usefulness, quality, suitability, truth, accuracy or completeness of the website and/or the services provided by tutors. SenseAble, L.L.C. makes no warranty or representations that (a) the website will be uninterrupted, timely, secure, or error free: (b) the results that may be obtained from the use of the website will be accurate or reliable: (c) the quality of any products, services, content, information, or other material purchased or obtained from tutors will meet your expectations or requirements: or (d) any errors in the website will be corrected. You assume all risk for any damage to your computer system or loss of data that results from obtaining any content from or use of the website, including any damages resulting from computer viruses.

Limitation of Liability

To the fullest extent permitted by law, SenseAble, L.L.C. is not liable for any direct, indirect, punitive, special, incidental, consequential, or exemplary damages (including without limitation loss of business, revenue, profits, goodwill, use, data, electronically transmitted orders, or other economic advantage) arising out of or in connection with the website, even if SenseAble, L.L.C. has previously advised , or reasonably could have foreseen, the possibility of such damages, however they arise, whether in breach of contract or in tort (including negligence), including without limitation damages due to: (a) the use of or the inability to use the website: (b) the cost or procurement of substitute goods and services resulting from any goods, data, information, or services purchased or obtained, or messages received or transactions entered into, through or from the website: (c) statements or conduct of any third party on the website, including without limitation unauthorized access to or alteration of transmission or data, malicious or criminal behavior, or false or fraudulent transactions or: (d) content or information visitors may download, use, modify, or distribute. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. You and SenseAble, L.L.C. agree that the disclaimers and limitations of liability in these terms are material and that they have been taken into account in your decision to use the website. If you are dissatisfied with the website or do not agree to any provisions of these terms your sole and exclusive remedy is to discontinue using the website.