DARK HORSE ROWING TERMS OF USE

Effective Date: 10/19/16

Dark Horse Rowing LLC (“Dark Horse”, “we”, or “us”) offers you the website http:// http://www.darkhorserowing.com/ along with all of the features and functions therein (collectively, the “Site”).  These Terms of Use (“Terms”) apply to your use of the Site. These Terms constitute a legally binding agreement between you and us.

By accessing or using our Site, you agree that you have read, understand, and are bound by the terms and conditions set forth herein.  IF YOU DO NOT AGREE TO THESE TERMS, YOU MAY NOT USE OR ACCESS THE SITE. THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMIT THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. 

Age Restrictions

You must be 18 years old or the age of majority in your jurisdiction in order to use our Site.  This Site is not intended or designed to attract children under the age of 13. If you are under the age of 13, you may not use the Site. If you are a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you can use such functions or services only in conjunction with, and under the supervision of, your parent or guardian who has agreed to these Terms. If you are a parent or legal guardian agreeing to these Terms for the benefit of a minor between the ages of 13 and 18 (or the applicable legal age in your jurisdiction), you are fully responsible for his or her use of the Site and the User Content (as defined below), including all legal liability he or she may incur. By using this Site and any services provided therein, you represent and warrant that you have the right, authority, and capacity to enter into these Terms of Use and to abide by all of the terms and conditions set forth herein.

Registration / Account Information

You may view some parts of the Site without registering, but in order to access and use other parts of the Site, such as ordering Products or Services (defined below) you may be required to register an account with us. You can do this on our Site, or through a third-party site. It is your sole responsibility to provide and maintain accurate account information. You are also responsible for any activity that occurs on your account and for maintaining the confidentiality of your password. You may not use the account, username, or password of someone else at any time. You agree to notify us immediately of any unauthorized use of your account, user name, or password. We will not be liable for any loss that you incur as a result of someone else using your password, either with or without your knowledge. You may cancel your account with us at any time by e-mailing us at info@darkhorserowing.com. 

Physical Activity Disclaimer; Assumption of Risk

We care about the safety of those who use our Site. Prior to participating in any program, workout, training, course, activity, exercise, or use of any Product, Service, program, workout, or exercise discussed on this Site, or if you have any questions regarding a medical condition, seek the advice of your healthcare provider. By using our Services, you agree, represent, and warrant that you have received consent from your physician to participate in wellness and fitness programs, workouts, exercises or any of the related activities made available to you in connection with the Products or Services. Everyone’s condition and abilities are different, and participating in the activities promoted by our Services is at your own risk. If you choose to participate in these activities, you do so of your own free will and accord, knowingly and voluntarily assuming all risks associated with such activities. Activities promoted by the Products and Services may pose risks even to those who are in good health.

You understand and agree that we will not carry out and are not responsible for any physical inspection, supervision, preparation, execution or conduct of any activities related to or accessed or discovered using the Products or Services. You expressly agree that use of the Products and Services carry certain inherent and significant risks of property damage, bodily injury, or death and that you voluntarily assume all known and unknown risks associated with these activities, even if caused in whole or part by the action, inaction, or negligence of Dark Horse or by the action, inaction, or negligence of others.

Except as otherwise set out in these Terms, and to the maximum extent permitted by applicable law, we are not responsible or liable, either directly or indirectly, for any injuries or damages that are sustained from your physical activities or your use of, or inability to use, any Products or Services, including any activities that you access or learn about through our Products or Services, even if caused in whole or part by the action, inaction or negligence of Dark Horse or by the action, inaction or negligence of others.

Privacy Policy / Communications

We respect your privacy. Our collection, use and disclosure practices regarding your personally identifiable information is set forth in our Privacy Policy. Please take some time to review our Privacy Policy as its terms are incorporated herein by reference and your assent to these Terms of Use includes your assent to our Privacy Policy.

By creating a Dark Horse account, you consent to receive electronic communications from Dark Horse. These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein or emailing us at info@darkhorserowing.com.

Products and Services; Purchases

Certain Products or Services may be available for free or for purchase online through the Site. “Products” may include, but are not limited to, video materials, audio materials, and written content regarding rowing and physical fitness, membership services for coaching and programming, video review and coaching, gym memberships, merchandise and apparel, and other educational materials. “Services” may include, but are not limited to, video coaching, programming, video review, and forum coaching. We reserve the right, but are not obligated, to limit the sales of our Products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any Products or Services that we offer. All descriptions of Products or Product pricing are subject to change at anytime without notice, in our sole discretion. We reserve the right to discontinue any Product or Service at any time. Any offer for any Product or Service made on this site is void where prohibited. We do not warrant that the quality of any Product, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Products or Service will be corrected.

When you purchase a Product or Service (each purchase, a “Transaction”), we may ask you to supply additional information relevant to your Transaction, including, without limitation, your credit-card number, the expiration date of your credit card, your name, and your address(es) for billing and delivery (such information, “Payment Information”).  You represent and warrant that you have the legal right to use all payment method(s) represented by any such Payment Information, whether you provide it in the course of a Transaction or in connection with your account. When you initiate a Transaction, you authorize us to provide your Payment Information to third parties so we can complete your Transaction and to charge your payment method for the type of Transaction you have selected; you may need to provide additional information to verify your identity before completing your Transaction (such information is included within the definition of Payment Information).

All sales are final. But if something unexpected happens in the course of fulfilling your order, we reserve the right to cancel your order for any reason; if we cancel your order, we’ll refund any payment you may already have remitted to us.

Content You Provide

The Site may provide you with interactive opportunities including, without limitation, features such as commenting on blog posts. You represent and warrant that you are the owner of and/or otherwise have the right to provide all information, including but not limited to biographical information, messages, notes, text, listings, videos, pictures, graphics, drawings, audio, music and sound, text, data, communications and/or other materials and/or content that you submit, post and/or otherwise transmit to the Site (“User Content”).  By providing User Content, you grant us and our affiliates and our service providers, and each of their and our respective licensees, successors and assigns an irrevocable, transferable, paid up, royalty-free, perpetual, non-exclusive worldwide sub-licensable license to use, copy, display, publish, modify, remove, publicly perform, translate, create derivative works from, distribute and/or otherwise use User Content on the Site and in all forms of media now known or hereafter invented, without notification to and/or approval by you. You further grant us a license to use your username and/or other user profile information to attribute User Content to you in connection with the foregoing uses, if we choose to do so, again without notification to and/or approval by you.

The User Content (including, without limitation, ratings and reviews) does not reflect the views of the Site or Dark Horse. You acknowledge and agree that Dark Horse is not responsible for the accuracy or availability of User Content, and Dark Horse neither endorses nor is responsible or liable for any User Content that appears on the Site. Therefore, your reliance on User Content is at your own risk. Dark Horse shall have the right (but not the obligation) to delete, remove, monitor, or edit, without prior notice, any User Content that we determine, in our sole discretion, to be disingenuous in any way, and/or could otherwise diminish the integrity of the User Content and/or the Site.

Dark Horse does not verify the accuracy or authenticity of any User Content, and makes no representations or warranties with respect to any User Content. Dark Horse makes no representations concerning and is under no obligation to prevent, the downloading, distribution, linking to, or re-posting of your User Content by third parties, including by or through search engines. You expressly waive any and all claims you may have against Dark Horse and release Dark Horse from any and all liability arising from or related to the User Content, including any exploitation of the User Content by a third party, whether or not authorized by Dark Horse.

Accuracy, Completeness, and Timeliness of Information

We are not responsible if information made available on this Site is not accurate, complete or current. The material on this Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this Site is at your own risk. This Site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Site at any time, but we have no obligation to update any information on our Site. You agree that it is your responsibility to monitor changes to our Site.

Modifications to Products, Services, and Prices

Prices for our Products and Services are subject to change without notice. We reserve the right at any time to modify or discontinue the Products or Services (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Ownership

Except for User Content, and unless otherwise stated herein, we and our licensors are the sole owners of the Site and all of its content, including without limitation, all designs, logos, artwork, text, graphics, images, data, information, services, functions, software, music, sounds, interactive features, video, audio and other files, trademarks, service marks, and all other intellectual property or otherwise legally protectable elements of the Site, including, without limitation, their selection, compilation and arrangement contained within the Site. You agree that all right, title, and interest in the Site will remain our or our licensors’ exclusive property. Nothing in these Terms gives you a right to reproduce, copy, distribute, sell, broadcast, license, or otherwise use the Dark Horse name or any of our trademarks, logos, domain names, and other distinctive brand features. You may not modify, rent, lease, sell, distribute, or create derivative works based on the Site unless we have given you prior written consent to do so. You may only use the Site for personal, non-commercial purposes. In some cases the copyright or publicity rights for content on this Site may be held by someone other than Dark Horse, and permission to use such materials must be requested from the copyright or publicity rights owner, as applicable. All rights of Dark Horse or its licensors that are not expressly granted in these Terms are reserved to Dark Horse and its licensors.

Use Restrictions

While using the Site you agree to comply with all applicable laws, rules and regulations.  In addition, we expect users of the Site to respect the rights and dignity of others. Your use of the Site is conditioned on your full compliance with these Terms including, without limitation, the rules of conduct set forth in this section; your failure to comply with such rules may result in termination of your access to the Site pursuant to these Terms. You agree that when using the Site, you will not:

  • Transmit by any means any software, virus, malware, program, code, file, or other material intended to interrupt, disrupt, alter, destroy, or limit any part of the Site.
  • Use any robot, spider, script, or any manual or automated application or means to extract, download, retrieve, index, mine, scrape, reproduce, or circumvent the presentation, operation, or intended use of any feature, function, or part of the Site.
  • Frame or mirror any part of the Site without Dark Horse’s express prior written consent.
  • Modify, adapt, translate, reverse engineer, decompile or disassemble any portion of the Site.
  • Submit or post any offensive, defamatory, threatening, indecent, hateful, racist, sexist, pornographic, or otherwise inappropriate or obscene content (as determined by us in our sole discretion).
  • Copy, download, distribute, transmit, upload, or transfer content from the Site or the personal information of others without our prior written permission or authorization.
  • Resell, sub-license, or lease any of the content on the Site.
  • Use the Site to make unsolicited offers, requests, advertisements, or spam.
  • Impersonate or pretend to be anyone else but you; falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site; or express or imply that we endorse any statement you make.
  • Violate or infringe upon the privacy, publicity, intellectual property, or other proprietary rights of third parties.
  • Engage in any activity that is criminal or tortious in nature, or otherwise violates the law or rights of another including, without limitation, hacking, phishing, fraud, stalking, defaming, abusing, harassing, or threatening.

Claims of Copyright Infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.  If you believe in good faith that materials available on the Site infringe your copyright, you (or your agent) may send Dark Horse a notice requesting that Dark Horse remove the material or block access to it.  If you believe that copyrighted materials have been copied in a way that constitutes copyright infringement, please send an e-mail or written notice to our Designated Agent for notices of infringement and provide the following:

  • A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the copyright owner;
  • Identification of the copyrighted work(s) that you claim has been infringed;
  • A description of the material that you claim is infringing and the location of that material on the Site;
  • Your address, telephone number and email address;
  • A statement by you that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  • A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Send the completed notice to our Designated Agent for claims of copyright infringement at: [INSERT NAME, ADDRESS, AND EMAIL OF AGENT].

Geographic Restrictions

Dark Horse is based in the state of California in the United States. We provide this Site for use only by persons located in the United States. We make no claims that the Site or any of its content is accessible or appropriate outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Indemnity

You agree to defend, indemnify and hold harmless Dark Horse, its subsidiaries and affiliates, and each of their respective employees, officers, directors, agents, representatives, licensors, suppliers, service providers, successors and assigns (collectively, the “Dark Horse Parties”) from and against all claims, losses, costs and expenses (including attorney’s fees) arising out of or related to (a) your use of, or activities in connection with, the Site and our Products and Services; or (b) any violation of these Terms by you. We reserve the right to assume all or any part of the defense of any such claims and negotiations for settlement and you agree to fully cooperate with us in doing so.

DISCLAIMER

THE SITE AND ALL CONTENT ON THE SITE IS PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THIS SITE, INCLUDING, WITHOUT LIMITATION, PHYSICAL INJURY OR DEATH AS WELL AS DAMAGES TO PERSONAL PROPERTY. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE DARK HORSE PARTIES DISCLAIM WITH RESPECT TO THE SITE AND ALL CONTENT ON THE SITE ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT, AND ANY WARRANTIES THAT MAY ARISE FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE. DARK HORSE DOES NOT REPRESENT OR WARRANT THAT THE SITE AND/OR THE CONTENT ON THE SITE WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THAT THE SITE AND/OR CONTENT ON THE SITE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. DARK HORSE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, AND/OR ANY CONTENT ON THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS, OR OTHERWISE, INCLUDING WITHOUT LIMITATION, THE QUALITY AND/OR TIMING OF PRODUCTS OR SERVICES PROVIDED ON OR ORDERED FROM THE SITE. YOU (AND NOT DARK HORSE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE SITE AND/OR CONTENT ON THE SITE. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

DARK HORSE DOES NOT ENDORSE, WARRANT OR GUARANTY ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THIS SITE AND DARK HORSE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND THIRD PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL DARK HORSE OR ANY OF THE DARK HORSE PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITE OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR SERVICE OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM DARK HORSE OR THE USER CONTENT, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO DARK HORSE’S RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). THIS LIMITATION INCLUDES, BUT IS NOT LIMITED TO, PERSONAL INJURY, INCLUDING DEATH AND DISABILITY AS WELL AS DAMAGES TO PERSONAL PROPERTY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF DARK HORSE AND THE OTHER DARK HORSE PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO USE OF THE SITE OR THE PRODUCTS OR SERVICES, RECEIPT OR USE OF A PRODUCT OR SERVICE PURCHASED FROM THE SITE EXCEED (A) THE AMOUNT PAID BY YOU TO DARK HORSE, IF ANY, OR (B) $100 (WHICHEVER IS LESS).  THE FOREGOING LIMITATION SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE DARK HORSE AND THE OTHER DARK HORSE PARTIES’ SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE DARK HORSE AND THE OTHER DARK HORSE PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH DARKHORSE PARTY FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS AND/OR YOUR USE OF THE SITE.  IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. Some jurisdictions also limit disclaimers or limitations of liability for personal injury from consumer products, so this limitation may not apply to personal injury claims.

Dispute Resolution: Arbitration, Class Action Waiver, and Jurisdiction

Except for a claim by Dark Horse of infringement or misappropriation of Dark Horse’s intellectual property rights, any and all disputes between you and Dark Horse arising under or related in any way to these Terms must be resolved through binding arbitration as described in this Section. This agreement to arbitrate is intended to be interpreted broadly. It includes, but is not limited to, all claims and disputes relating to your use of the Site.

YOU AGREE THAT BY AGREEING TO THESE TERMS, YOU AND DARK HORSE ARE EACH WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION. YOU AND DARK HORSE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. ANY ARBITRATION WILL TAKE PLACE ON AN INDIVIDUAL BASIS; CLASS ARBITRATIONS AND CLASS ACTIONS ARE NOT PERMITTED.

The Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes of the American Arbitration Association (“AAA”), as modified by this section, will govern the arbitration.  For any claim where the total amount of the award sought is $10,000 or less, the AAA, you and Dark Horse must abide by the following rules: (A) the arbitration will be conducted solely based on written submissions; and (B) the arbitration will not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties. If the claim exceeds $10,000, the right to a hearing will be determined by the AAA rules, and the hearing (if any) must take place in San Diego, California. The arbitrator’s ruling is binding and may be entered as a judgment in any court of competent jurisdiction. In the event this agreement to arbitrate is held unenforceable by a court, then the disputes that would otherwise have been arbitrated will be exclusively brought in the state or federal courts located in San Diego, California. Claims of infringement or misappropriation of Dark Horse’s intellectual property rights will be exclusively brought in the state and federal courts located in San Diego, California.  The Agreement is made under and will be governed by and construed in accordance with the laws of the State of California, consistent with the Federal Arbitration Act, without regard to its choice of law provisions. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

Third-Party Websites

The Site contains links to third party websites. Dark Horse has no control over such websites and is not responsible for the availability of such external websites. Dark Horse does not endorse and is not responsible or liable for any content, advertising, products, services or other materials on or available from such third party websites linked from the Site. Dark Horse does not make any representations regarding the content or accuracy of materials on such third party websites and your use of third party websites is at your own risk and subject to the terms and conditions and policies and procedures of such websites. In addition, other websites may provide links to the Site with or without our authorization. You acknowledge and agree that Dark Horse does not endorse such third-party sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith.

Termination

We may immediately, without prior notice, suspend or terminate your use of and access to the Site, at our sole discretion, for any reason, whether with or without cause or warning, and without liability. You may terminate these Terms by ceasing your use of the Site.  

Severability / Waiver

If the application of any provision of these Terms to any particular facts or circumstances shall for any reason be held to be invalid, illegal or unenforceable by a court, arbitrator or other tribunal of competent jurisdiction, then (a) the validity, legality and enforceability of such provision as applied to any other particular facts or circumstances, and the other provisions of this Terms, shall not in any way be affected or impaired thereby and (b) such provision shall be enforced to the maximum extent possible so as to effect the intent of the parties.

Our failure to exercise any right or remedy available upon your breach of these Terms or the failure by us to demand the prompt performance of any obligation hereunder, shall not be deemed a waiver of (a) our rights or remedies, (b) the requirement of punctual performance or (c) any right or remedy in connection with a subsequent breach or default on your part. No waiver of any of these Terms shall be deemed a further or continuing waiver of such terms and condition or any other term or condition.

Changes

We reserve the right to change any part of the Site, including these Terms, at any time.  If we change these Terms, we will update the Effective Date listed above. Your continued use of the Site means that you agree with our updated Terms.  If you do not agree with our updated Terms, you may not use our Site.

Entire Agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and Dark Horse with respect to the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to the Site.

Questions or Comments

If you have any questions or comments about these Terms or the Site, please contact us at info@darkhorserowing.com.