TERMS OF USE

Introduction

Welcome to the website of Shady 5 Tack. This Site is owned and operated by Shady 5 Tack LLC (“we,” or “us”). These Terms of Use (“Terms”) govern your use of our Site, hereafter referred to as “the Site”. These Terms include information about usage, licensing, intellectual property, and e-commerce policies. Please read these Terms carefully. By using the Site, you consent to these legally binding Terms as well as our Privacy Policy, which is hereby incorporated.

The Site is operated from the United States and is not intended to subject us to any non-U.S. jurisdiction or law. You may not use the Site outside of the United States. We may limit the Service’s availability at any time, in whole or in part, to any person, geographic area or jurisdiction that we choose.

Consent and Capacity

In order to use our services, you must be at least eighteen. Your use of our services is conditioned on your acceptance of these Terms. If you do not agree with these Terms, please discontinue your use of the Site. By using our services, you warrant that you are entering into a binding contract with Shady 5 Tack LLC. Areas of the Site may also be subject to additional terms. Any additional terms are not intended to replace or supersede these Terms, but rather supplement these Terms in those specific areas. Please take the time to familiarize yourself with the additional conditions of those areas before accessing them. 

Cost of Services

We may charge you to access and use certain parts of the Site. We reserve the right to modify fees required to use certain parts of the Site at our discretion and without notice. You may not use the Site to rent or purchase equine tack, apparel, accessories, or any other product that may become available on the Site (“Products”) outside of the United States. You are responsible for the price of any Products that are not returned in accordance with our policies and additional fees accrued by you due to late or lost items. 

Rental Agreement

By renting equine tack from us, you agree to pay a specified percentage of the retail value of the item, disclosed on the website for each specific item, as the rental fee. The rental period and specific terms for each item will be provided at the time of rental.

Option to Purchase

If you decide to keep the rented item, you may do so by notifying us before the end of the rental period. You will then be charged the full retail value of the item, minus any rental fees already paid.

Shipping and Returns

Rented products will be shipped to the address provided during the rental process. You are responsible for returning the items to us by the end of the rental period in the pre-paid shipping envelope. 

Late Returns and Non-Returns

If you do not return the Product by the end of the rental period and do not opt to purchase it, late fees may apply. If an item is not returned by the end of the rental period, you will be charged the full retail value of the item.

Use of Products

You agree to treat the Products with reasonable care. The rental coverage provided by us covers normal wear and tear, but you are responsible for any loss, destruction, or damage to the Products for any reason. “Normal wear and tear” means removable stains, stuck zippers, un-matted hair, dirt, and debris, or other minor damage. If you return a Product that is damaged beyond normal wear and tear, then you hereby authorize us (or our third-party payment processor) to charge your payment method for the price for replacing the Product, as determined in our discretion, up to the original retail price for the Product. 

Intellectual Property Rights

Shady 5 Tack LLC’s trademarks, trade names, logos, and other intellectual property incorporated into the Site are the sole property of Shady 5 Tack LLC or its licensors and are protected under copyright, trademark, trade secret, and other intellectual property laws. Copying or distributing any material, illustrations, photographs, video, or content from the Site without consent is strictly prohibited. Additionally, any use that constitutes an infringement of any of the above-stated intellectual property rights is prohibited. We, in our sole discretion, reserve the right to remove any content or take any steps deemed appropriate to protect such rights. 

User Content

www.shady5tack.com may allow its users to post, upload, or comment on content on the Site. This user-generated content includes, but is not limited to reviews, comments, and pictures. By posting on the Site, you grant Shady 5 Tack LLC a perpetual, nonexclusive, unrestricted, worldwide license to any and all of the user content you post. You acknowledge that you are the sole owner of any copyrights and that your content does not infringe the rights of any third parties. You agree to be fully responsible for any content you post on the Site.

User reviews, comments, pictures, and ideas posted on the Site may be used to improve www.shady5tack.com. By submitting user content, you give permission to store and use such content to improve our services. 

Shady 5 Tack LLC may monitor any user’s content posted to the Site. We reserve the right, at our discretion, to remove, terminate, or prohibit users from accessing the Site for any reason or no reason with or without notice.

User Responsibilities

Users of the Site agree to the following guidelines: 

1. You will keep your username and password confidential. You will not share this information with any other person.
2. You will not use another user’s login and registration information.
3. You will not infringe the intellectual property rights of others.

Additionally, to access certain portions of the Site, you may be required to provide information. The information you provide must be truthful, accurate, and complete. The information you provide is subject to our Privacy Policy, which is hereby incorporated into these Terms. 

Disclaimer

THE SITE, ITS CONTENT, AND ALL THE MATERIALS ARE “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OR GUARANTEE. YOU ACCESS THE SITE AT YOUR OWN RISK UNDERSTANDING THAT SHADY 5 TACK LLC DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SHADY 5 TACK LLC WILL NOT BE RESPONSIBLE FOR OR LIABLE FOR ANY DAMAGE THAT MAY ARISE FROM YOUR USE OF THIS SITE. SHADY 5 TACK LLC DISCLAIMS ANY AND ALL WARRANTIES PERTAINING TO THE ACCURACY AND USEFULNESS OF THE MATERIALS, CONTENT, SOFTWARE, OR SERVICES PROVIDED VIA THE SITE. SHADY 5 TACK LLC MAKES NO PROMISES OR REPRESENTATIONS THAT OUR SOFTWARE IS FREE FROM VIRUSES, MALWARE, OR ANY OTHER HARMFUL COMPONENTS, OR THAT THE SITE WILL BE AVAILABLE WITHOUT INTERRUPTION.

THIS SECTION APPLIES TO YOU TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW. 

Limitation of Liability

TO THE MAXIMUM EXTENT PROVIDED BY APPLICABLE LAW, SHADY 5 TACK LLC DOES NOT ACCEPT LIABILITY FOR LOSS OR DAMAGE OF ANY KIND, BE IT DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, ACTUAL, PUNITIVE, OR OTHERWISE, WHETHER IT ARISES FROM PERSONAL INJURY, FINANCIAL LOSS, DATA LOSS, OPPORTUNITY LOSS, THIRD-PARTY USE OR MISUSE, AGGREGATE SERVICE, PERSONAL DISSATISFACTION, OR ANY OTHER DAMAGE RESULTING FROM YOUR USE OF THE SITE. THE FULL ASSUMPTION OF RISK AND THEREFORE RESPONSIBILITY LIES WITH YOU, THE USER AND VISITOR. SHADY 5 TACK LLC, ITS DIRECTORS, SHAREHOLDERS, EMPLOYEES, REPRESENTATIVES, AGENTS, SUBSIDIARIES, ASSIGNORS, AND LICENSORS WILL NOT BE HELD LIABLE IN ANY EVENT. FOR JURISDICTIONS IN WHICH STATUTORY LAW PROHIBITS THE LIMITATION OF CERTAIN TYPES OF LIABILITY RELATED TO THE GROSS NEGLIGENCE OF A PARTY, SHADY 5 TACK LLC’S LIABILITY IS LIMITED TO THE FULL EXTENT ALLOWED BY APPLICABLE LAW.

Indemnification

You agree to indemnify and hold harmless Shady 5 Tack LLC, its directors, shareholders, employees, representatives, agents, subsidiaries, assignors, and licensors from and against any lawsuits, disputes, claims, proceedings, demands, costs, or expenses related to or stemming from any use of the Site or your breach of these Terms and any other policies incorporated into this agreement. 

Choice of Law

These Terms and any disputes arising from the use of THE SITE are governed by and construed according to the law of the state of North Carolina. Each party agrees to submit to the courts of the state of North Carolina and that the state of North Carolina has personal jurisdiction over the matter. 

Dispute Resolution

We believe that it is beneficial to all parties to quickly resolve any potential disputes as efficiently and cost-effectively as possible. In line with this belief, you agree that any disputes arising from your use of the Site will be handled and resolved according to the provisions of these Terms, unless otherwise explicitly stated. If a dispute arises, you agree to first contact us and attempt to resolve any such issues informally.

ALL PARTIES WAIVE THEIR RIGHTS TO PRESENT CLAIMS IN A CLASS ACTION SUIT.

Sever ability

If any portion of these Terms is deemed unenforceable, void, or invalid for any reason, the remaining provisions of these Terms will remain unaffected and will not be considered unenforceable, void, or invalid. They will maintain the full force of law to the extent possible. 

Changes to These Terms

We may update these Terms from time to time. If any updates are made to these Terms, they will be posted here. Additionally, if material changes are made, we will notify you via a notice posted on the Site, and registered users will receive an additional email. Please check this page frequently for updates.

Contact Us

If you have any questions, comments, or concerns about these Terms or our services, please contact us via email at [email protected] or by mail at 114 Cheshire Road, Rocky Point, North Carolina 28457. 

Effective Date: August 1, 2024