Terms of service

TERMS OF SERVICE

Effective Date: August 31, 2023

GIFT CARD GIVEAWAY

Provide your email and opt-in to receive emails from Ovationriding.com for a chance to win an Ovationriding.com gift card in the amount of $150. The “Share Your Email” Giveaway runs each month until further notice and one winner will be randomly selected from all emails received during each monthly period. The winner will be selected within one week of the end of the Giveaway period and notified via email.

OVATION REWARDS

To review our loyalty program terms please click here.

OVERVIEW

This website is operated by English Riding Supply, LLC, through Ovation Riding which is part of the English Riding Supply family of brands. Throughout the site, the terms “we”, “us” and “our” refer to Ovation Riding. Ovation Riding offers this website, including all information, tools and Services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here. For the choice of law and jurisdiction, stay tuned for an update.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any Services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and Services to you.

GIVEAWAY RULES/TERMS & USER SUBMITTED CONTENT AGREEMENT
Thank you for your interest in entering an Ovationriding.com sweepstakes. The Ovationriding.com sweepstakes (a "Giveaway" or the "Giveaways") are sponsored by English Riding Supply, LLC ("English Riding Supply") and the following are the official rules/terms for the Giveaways (the "Official Rules").

By participating in a Giveaway, each Entrant (as defined below) agrees to and accepts these Official Rules and the decisions of English Riding Supply, which are final and binding in all matters related to the Giveaways. Any Entrant selected as the potential winner must comply with all terms and conditions of these Official Rules and winning is contingent upon fulfilling all such requirements.

Eligibility. The Giveaways are only open to legal residents of the fifty (50) United States (including the District of Columbia but excluding the territory of Puerto Rico) or as specified in the Giveaway Summary (as defined below) (the "Giveaway Territory") who are at least eighteen (18) years of age at the time of entry ("Entrant(s)"). Employees, officers, agents and representatives of English Riding Supply (as well as English Riding Supply's respective partners, related companies, divisions, subsidiaries, affiliates), and the "relatives" of each such employee, officer or representative (and persons with whom any of the above persons are domiciled) are not eligible.  The Online Channel (as defined below) pages and advertisements relating to the Giveaways are intended for viewing only by Entrants located and residing in the Giveaway Territory and that are eligible to enter the Giveaways. If you are not a legal resident of the fifty (50) United States (including the District of Columbia but excluding the territory of Puerto Rico) and are not at least of the age of majority at the time of entry, please do not proceed to enter a Giveaway. Entrants must be physically present in the Giveaway Territory at the time of their entry.

The Giveaways are void where prohibited or restricted by law and subject to all federal, state, municipal, provincial, territorial, and local laws and regulations.

HOW TO ENTER

There is no purchase necessary to enter a Giveaway and making a purchase will not improve your chances of being selected as part of the Giveaways.

Giveaway Information. English Riding Supply will provide information about each Giveaway, including specific instructions for the options for entering and details about each Giveaway Prize (as defined below) in the "Giveaway Summary." The Giveaway Summary will be provided by English Riding Supply either online (such as at www.ovationriding.com or on English Riding Supply's social media pages or such other internet destination that may be designated by English Riding Supply (the "Online Channel")), or on promotional materials, or in retail stores, or at trade shows, or through such other means or locations as deemed appropriate by English Riding Supply.

If the Giveaway Summary includes the option for entering online:

From the Online Channel, you will be directed to a web page that contains the entry form where you will be prompted to enter your information or otherwise provided instructions for entering (such as by commenting on a post on an English Riding Supply social media page). By submitting your information, you will be entered into a random drawing for a Prize (as defined below) from among all eligible entries received by English Riding Supply. All online entries must be submitted at and through the Online Channel, and according to all applicable directions as listed on the Online Channel, or the entry will be void. Entries that fail to provide all of the required information for a Giveaway will be disqualified. Entries generated by any automated means (such as through scripts or macros) will be disqualified. English Riding Supply is not responsible for lost, late, incomplete, illegible, incomprehensible or misdirected entries, bugs, failures in servers, hardware or software transmission failure or loss or delayed or corrupted data transmissions or any injury or damage to any computer related to or resulting from entering or attempting to enter a Giveaway.

If the Giveaway Summary includes the option for entering by mail: Send a 3"x5" piece of paper including your name, address (P.O. Boxes not permitted), day and evening phone number, email address, month and year of birth, and the identifying name and/or number for the Giveaway and mail it, in a business size #10 envelope (including proper postage prepaid) to: English Riding Supply Marketing/Giveaways, 520 Kane Street, Scranton, Pennsylvania 18505. All mailed entries must be complete and legible and there is a limit of one (1) entry per envelope and, as stated below, one (1) entry per household for each Giveaway. No mailed entries will be acknowledged or returned. Proof of sending will not be deemed to be proof of receipt by English Riding Supply. Submission of an entry by mail constitutes the constructive acceptance of and agreement with these Official Rules and an entry by mail shall serve as evidence of such acceptance and agreement.

If the Giveaway Summary includes other options for entering: The Giveaway may describe other options for entering such as in a retail store or at a promotional event.

Entries Generally. All entries for a Giveaway (regardless of the type of entry form) must be received by English Riding Supply, posted, or postmarked by the end of the applicable Giveaway Period (as defined below) in order to be eligible; entries received after the end of the Giveaway Period are not eligible to win. All information provided by Entrants must be complete, true and correct. All submitted entries become the property of English Riding Supply and will not be acknowledged or returned. English Riding Supply is not responsible for lost, late, invalid, unintelligible, misdirected, inaccurate, incomplete, damaged, illegible, postage-due mailed entries, or misdirected entries, all of which will be disqualified.

Entry is limited to one entry per household (for each Giveaway) or as specified in the Giveaway Summary; no automated, photocopied or reproduced entries will be accepted. Multiple entries, unless allowed for in the Giveaway Summary, will result in disqualification of all submitted entries. Entries by any method other than set forth above are void.

Giveaway Period.

The start and end dates of each Giveaway (the "Giveaway Period") will be identified in the Giveaway Summary. For all Giveaways, unless otherwise described in the Giveaway Summary, the start time will be deemed to be 12pm/noon ET on the start date and the end time will be deemed to be 11:59pm ET on the end date.

PRIZES AND WINNER SELECTION

Prize(s).

The prize(s) and the number of prizes in each Giveaway will be identified in the Giveaway Summary (each a "Prize"). Any depiction of a Prize is for illustrative purposes only. No cash or other substitution may be made, except by English Riding Supply, and English Riding Supply reserves the right to substitute a Prize with another prize of equal or greater value if a Prize is not available for any reason as determined by English Riding Supply in its sole discretion. In no event will more than the stated number of Prizes be awarded. All expenses not specified herein or in the Giveaway Summary, including, without limitation, all federal, state and local taxes, are each winner's sole responsibility.

Approximate Retail Value. The approximate retail value ("ARV") of each individual Prize may vary by each Giveaway and will be specified on the Giveaway Summary. However, each individual Prize will typically have an ARV of between three dollars ($3.00) and three hundred U.S. dollars ($300); in no event shall a Prize have an ARV equal to or more than five thousand U.S. dollars ($5,000).

Drawing and Winner(s). Within a reasonable time following the end of a Giveaway Period, English Riding Supply will select the names of the potential winner(s) in a random drawing from all eligible entries received during each Giveaway Period. The number of winners to be selected in a specific Giveaway will be identified in the Giveaway Summary.

The odds of being selected as a potential winner depend on the number of eligible entries received during the Giveaway Period.

Subject to verification by English Riding Supply, potential winner(s) will be notified via telephone, mail, e-mail, or, if applicable, message through the associated social media platform that the potential winner(s) is/are a Prize winner. If potential winner(s) cannot be reached after a reasonable effort has been made by English Riding Supply during three (3) business days from the first attempt, or if an entrant is found to be ineligible, alternate winner(s) may be selected at random from all eligible entries received during the Giveaway Period. If any Prize or Prize notification is returned as undeliverable, the winner may be disqualified, and an alternate winner may be selected. A potential winner must continue to comply with all terms and conditions of these Official Rules, and winning is contingent upon fulfilling all requirements.

Limit one (1) Prize per household for each Giveaway.

OTHER TERMS AND CONDITIONS

Publicity. Except where prohibited, participation in a Giveaway constitutes winner's consent for English Riding Supply to use winner's name, likeness, voice, opinions, biographical information, hometown and/or province/territory for promotional purposes in any media without further payment or consideration.

Privacy Policy and Data Collection. Except and unless as otherwise stated in the Official Rules, the use of information provided by Entrants to English Riding Supply for the Giveaways are subject to and governed by the English Riding Supply privacy policy located online at https://www.ovationriding.com/policies/privacy-policy.

Release and Limitations of Liability. By participating in a Giveaway, Entrants agree to release and hold harmless English Riding Supply and any officers, directors, shareholders, employees, agents and representatives of English Riding Supply or any parent or affiliated companies of English Riding Supply and their officers, directors, shareholders, employees, agents or representatives (individually and collectively, "Releasees") from and against any claim or cause of action arising out of participation in a Giveaway and any and all liability, claims or actions of any kind whatsoever for injuries, damages or losses to persons and property which may be sustained in connection with a Giveaway or receipt, ownership, possession, use, or misuse of any Prize, including, but not limited to: (i) unauthorized human intervention in a Giveaway; (ii) technical failures of any kind, including but not limited to the malfunctioning of any computer, cable, network, hardware or software, delay in operation or transmission, communications line failure, technology outage, theft or destruction or unauthorized access to, or alteration of entries, whether caused by the sender or any of the equipment or programming associated with or utilized in a Giveaway; (iii) the unavailability or inaccessibility of any transmissions or telephone or Internet service; (iv) electronic or human error which may occur in the administration of a Giveaway or the processing of entries; (v) printing errors; (vi) lost, late, postage-due, misdirected, or undeliverable mail; or (vii) injury or damage to persons or property which may be caused, directly or indirectly, in whole or in part, from an Entrant's participation in a Giveaway or receipt of or use of any Prize. Entrant further agrees that in any cause of action, the Releasees' liability will be limited to the cost of entering and participating in the relevant Giveaway, and in no event shall the Releasees be liable for attorney's fees. Entrant waives the right to claim any damages whatsoever, including, but not limited to, punitive, consequential, direct, or indirect damages. If for any reason an Entrant's entry is confirmed to have been erroneously deleted, lost, or otherwise destroyed or corrupted, Entrant's sole remedy is another entry in a similar, future Giveaway, provided that if it is not possible to award another entry due to discontinuance of a Giveaway, or any part of it, for any reason, English Riding Supply, in its discretion, may elect to hold a random drawing from among all eligible entries received up to the date of discontinuance for any or all of the Prizes offered herein. English Riding Supply is not obligated to communicate with any Entrant during the duration of a Giveaway to advise of disqualification, regardless of reason for the disqualification.

Dispute Resolution. Except where otherwise prohibited by law, Entrants agree that: (i) all issues and questions concerning the interpretation, validity, and enforceability of these Official Rules, or the rights and obligations of participants and English Riding Supply and its agents shall be governed by and construed exclusively in accordance with the laws of the State of Delaware, without regard to its rules on conflicts of law; (ii) any action at law or in equity arising out of or relating to a Giveaway, or awarding of the Prize, shall be filed only in the state or federal courts of appropriate jurisdiction sitting in New Castle County, Delaware, and Entrant hereby consents and submits to the personal jurisdiction of such courts for the purposes of litigating any such action; (iii) any and all disputes, claims, and causes of action arising out of or connected with a Giveaway, or awarding of the Prize, shall be resolved individually, without resort to any form of class action; (iv) any and all claims, judgments and awards shall be limited to actual out-of-pocket costs incurred, including costs associated with participating in a Giveaway but in no event attorneys' fees; and (v) Entrants hereby waive all rights to claim punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses, and any and all rights to have damages multiplied or otherwise increased. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE MAY NOT APPLY IN ALL INSTANCES.

General Rules and Conditions. By participating in a Giveaway, Entrants agree to be bound by and accepts these Official Rules and the decisions of English Riding Supply (including, without limitation, decisions regarding eligibility of entries, the selection of Entrants and the winner, and the awarding of Prize(s)), which are final and binding in all respects. English Riding Supply reserves the right to amend these Official Rules. English Riding Supply reserves the right, in its sole discretion, to terminate, modify or suspend a Giveaway and/or rescind any prize if, in English Riding Supply's sole judgment, there is any suspected or actual evidence of electronic or non-electronic tampering or compromise in any way with or of any portion of a Giveaway, or if viruses, bugs, unauthorized intervention, fraud, technical difficulties or failures or any other factor beyond English Riding Supply's reasonable control corrupt or affect the administration, security, fairness, integrity or proper conduct of a Giveaway. In such event, English Riding Supply reserves the right (but does not have the obligation) in its sole discretion to award Prize(s) at random from among eligible, non-suspect entries received up to the time of suspected impairment. English Riding Supply may permanently disqualify from a Giveaway any person it believes has tampered with the entry process or intentionally violated these Official Rules. Any attempt by any person to deliberately damage any Online Channel or website or undermine the legitimate operation of the Giveaways is a violation of criminal and civil law, and, should such an attempt be made, English Riding Supply reserves the right to seek damages from any such person to the fullest extent permitted by law. English Riding Supply's failure to enforce any term of these Official Rules shall not constitute a waiver of that provision. English Riding Supply is not responsible for typographical or other errors in the offer or administration of the Giveaways, including but not limited to: errors in the advertising, Official Rules, selection and announcement of the winner and distribution of Prize(s). English Riding Supply has the right to lock out an Entrant whose eligibility is in question or who has been disqualified or is otherwise ineligible to enter the Giveaways or who English Riding Supply suspects to be doing any of the following: (a) tampering or attempting to tamper with the entry process or the operation of the Giveaways or the Online Channel; (b) violating these Official Rules; (c) acting in an unsportsmanlike or disruptive manner, or with intent to annoy, abuse, threaten or harass any other person or (d) for any other good cause as determined solely by English Riding Supply. English Riding Supply has the right to conduct a background check (the "Check") of any and all records of a winner, including without limitation, civil and criminal court records and police reports, which he/she, to the extent necessary under law, shall authorize. English Riding Supply may take all steps necessary to corroborate any information provided to English Riding Supply by the winner, and he/she will be obligated to provide necessary contacts and information for the Check, and if any felony or misdemeanor conviction is found respecting the winner, or if there is anything that conflicts with English Riding Supply's image, English Riding Supply has the right, in its sole discretion, to disqualify the potential winner from winning a Prize.

Contacting English Riding Supply and Giveaway Results. If you have any questions regarding a Giveaway or want a copy of the list of winners for a Giveaway (winner requests must be received within thirty (30) days of the end of the applicable Giveaway Period), mail the question and/or request (identifying the name and/or number for the Giveaway your question and/or request relates to) with a self-addressed stamped envelope to:

English Riding Supply, LLC
520 Kane Street, Scranton, Pennsylvania 18505
Attention: English Riding Supply Marketing/Giveaways/Winner Name Request/[GIVEAWAY NAME]

CONSENT TO USE USER-SUBMITTED CONTENT

BY SUBMITTING ANY PHOTOGRAPHS, AUDIO AND/OR VIDEO RECORDINGS, IMAGES, ART, REVIEWS, INFORMATION, DATA, OR OTHER ANY OTHER CONTENT (TOGETHER "CONTENT") FOR REVIEW AND POTENTIAL USE BY ENGLISH RIDING SUPPLY, YOU AGREE TO THE FOLLOWING TOGETHER WITH THE TERMS OF USE FOR USING THE ENGLISH RIDING SUPPLY WEBSITE AT WWW.OVATIONRIDING.COM (THE "SITE").

WE'RE SORRY, BUT ONLY PERSONS 18 OR OVER MAY SUBMIT CONTENT TO ENGLISH RIDING SUPPLY. IF YOU ARE UNDER THE AGE 18, WE'RE SORRY BUT WE CANNOT REVIEW OR USE YOUR CONTENT.

By submitting Content, you agree that English Riding Supply may use your name, voice, or image and any quotes attributable to you, and any such photos, videos, or audio recordings of or by you as described herein. You grant the rights hereunder whether or not your name, voice, or image, or any quotes attributable to you are used in any manner by English Riding Supply and English Riding Supply reserves the right in English Riding Supply's sole discretion NOT to use any submitted Content. You grant to English Riding Supply a worldwide, irrevocable, royalty-free, perpetual right and license to copy, reproduce, modify, edit, make derivative works, distribute, publish (publicly or otherwise), display, link to, and otherwise use the Content, whether in whole or in part, in any media for any purpose including but not limited to publication on the Site, in advertising, and other commercial uses. You irrevocably waive all moral rights and all rights related to use by English Riding Supply. You agree to indemnify, release, discharge and hold harmless English Riding Supply, its officers, directors, employees, agents, contractors, successors and assigns from any claims, causes of action, damages, costs or expenses of any sort arising out of or connected with the use of any of the Content, or your name, voice, or image, or any quotes attributable to you. You further understand and agree that others may view the Content and may comment on the Content as they see fit such as in (but not limited to) contests or polls and English Riding Supply reserves the right to remove comments, but has no obligation to do so, at any time and for any reason at the sole discretion of English Riding Supply.

In addition, by submitting Content:

• you understand and agree that the Content may be cropped, edited, electronically manipulated or otherwise altered for use by English Riding Supply, without further consent or approval, and that whether or how the Content is used by English Riding Supply is entirely within the sole discretion of English Riding Supply;
• you certify that you are the original author (or have a written assignment of all rights (including copyright) and waiver of moral rights from the author) of the submitted Content; you are the sole copyright owner of the Content; that you are the only person depicted in the Content; and you have complete authority to grant to English Riding Supply the rights stated herein without infringing any persons' rights (including copyright and moral rights) contractually or otherwise; and
• you understand and agree that all Content is subject to review and editing by English Riding Supply prior to any posting or use by English Riding Supply. You further acknowledge that English Riding Supply reserves the right to remove Content at any time and for any reason at English Riding Supply's sole discretion.

SECTION 1 - ONLINE STORE TERMS
By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence and you have given us your consent to allow any of your minor dependents to use this site. You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 2 - GENERAL CONDITIONS
We reserve the right to refuse Service to anyone for any reason at any time.
You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the Service is provided, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

SECTION 3 - 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.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice. We reserve the right at any time to modify or discontinue the Service (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.

SECTION 5 - PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online through the website. These products or Services may have limited quantities and are subject to return or exchange only according to our Refund Policy. We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 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 any time without notice, at the sole discretion of us. We reserve the right to discontinue any product 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 products, Services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

SECTION 6 - ACCURACY OF BILLING AND ACCOUNT INFORMATION
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e‑mail and/or billing address and phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For more details, please review our Refund Policy.

SECTION 7 - OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new Services and/or features through the website (including the release of new tools and resources). Such new features and/or Services shall also be subject to these Terms of Service.

SECTION 8 - THIRD-PARTY LINKS
Certain content, products, and Services available via our Service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or Services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

SECTION 9 - USER COMMENTS, REVIEWS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (for example contest entries or reviews) or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “comments"), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You agree that your comments will not violate any rights of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

Publicity and Use.  In addition and except where may be prohibited by law, you agree that we may use your name, likeness, voice, opinions, biographical information, hometown and/or province/territory for promotional purposes in any media without further payment or consideration.

SECTION 10 - PERSONAL INFORMATION
Your submission of personal information through the store is governed by our Privacy Policy, which can be viewed here:

SECTION 11 - ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

SECTION 12 - PROHIBITED USES
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

SECTION 13 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and Services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ovation Riding, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, Service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 14 - INDEMNIFICATION
You agree to indemnify, defend and hold harmless Ovation Riding and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, Service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 15 - SEVERABILITY
In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 16 - TERMINATION
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

SECTION 17 - ENTIRE AGREEMENT
The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and governs your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 18 - GOVERNING LAW
These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of United States.

SECTION 19 - CHANGES TO TERMS OF SERVICE
You can review the most current version of the Terms of Service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 20 - CONTACT INFORMATION
Questions about the Terms of Service should be sent to us at info@ovationriding.com.

Our contact information is posted below:

English Riding Supply, LLC

520 Kane Street

Scranton, PA 18505