TERMS OF SERVICE AGREEMENT
PLEASE READ THE FOLLOWING TERMS OF SERVICE AGREEMENT CAREFULLY.
BY ACCESSING OR USING OUR SITES AND OUR SERVICES, YOU HEREBY AGREE
TO BE BOUND BY THE TERMS AND ALL TERMS INCORPORATED HEREIN BY
REFERENCE. IT IS THE RESPONSIBILITY OF YOU, THE USER, CUSTOMER, OR
PROSPECTIVE CUSTOMER TO READ THE TERMS AND CONDITIONS BEFORE
PROCEEDING TO USE THIS SITE. IF YOU DO NOT EXPRESSLY AGREE TO ALL OF
THE TERMS AND CONDITIONS, THEN PLEASE DO NOT ACCESS OR USE OUR
SITES OR OUR SERVICES. THIS TERMS OF SERVICE AGREEMENT IS EFFECTIVE
AS OF .
ACCEPTANCE OF TERMS
The following Terms of Service Agreement (the “TOS”) is a legally binding agreement that shall
govern the relationship with our users and others which may interact or interface with Firebug
Leather, also known as Firebug Leather, located at 4029 W State Highway 7, Nacogdoches, Texas
75964 and our subsidiaries and affiliates, in association with the use of the Firebug Leather
website, which includes firebugleather.com, (the “Site”) and its Services, which shall be defined
below.
DESCRIPTION OF WEBSITE SERVICES OFFERED
The Site is a business website which has the following description:
This website provides information about Firebug Leather and its services. It also provides general
information about horses, saddles, and related topics.
Any and all visitors to our site shall be deemed as “users” of the herein contained Services provided for
the purpose of this TOS.
The user acknowledges and agrees that the Services provided and made available through our
website and applications, which may include some mobile applications and that those applications
may be made available on various social media networking sites and numerous other platforms and
downloadable programs, are the sole property of Firebug Leather. At its discretion, Firebug
Leather may offer additional website Services and/or products, or update, modify or revise any
current content and Services, and this Agreement shall apply to any and all additional Services
and/or products and any and all updated, modified or revised Services unless otherwise stipulated.
Firebug Leather does hereby reserve the right to cancel and cease offering any of the
aforementioned Services and/or products. You, as the end user acknowledge, accept and agree that
Firebug Leather shall not be held liable for any such updates, modifications,
revisions, suspensions or discontinuance of any of our Services and/or products. Your continued use of the Services provided, after such posting of any updates, changes, and/or modifications shall constitute your acceptance of such updates, changes and/or modifications, and as such, frequent review of this Agreement and any and all applicable terms and policies should be made by you to ensure you are aware of all terms and policies
currently in effect. Should you not agree to the updated, revised or modified terms, you must stop using the provided Services forthwith.
Furthermore, the user understands, acknowledges and agrees that the Services offered shall be provided
“AS IS” and as such Firebug Leather shall not assume any responsibility or obligation
for the timeliness, missed delivery, deletion and/or any failure to store user content, communication
or personalization
settings.
PRIVACY POLICY
Every member’s registration data and various other personal information are strictly protected by
the Firebug Leather Online Privacy Policy (see the full Privacy Policy at
http://firebugleather.com/privacy-policy/). As a member, you herein consent to the collection and
use of the information provided, including the transfer of information within the United States
and/or other countries for storage, processing or use by Firebug Leather and/or our subsidiaries and
affiliates.
INTERSTATE COMMUNICATION
Upon registration, you hereby acknowledge that by using firebugleather.com to send electronic
communications, which would include, but are not limited to, email, searches, instant messages,
uploading of files, photos and/or videos, you will be causing communications to be sent through
our computer network. Therefore, through your use, and thus your agreement with this TOS, you
are acknowledging that the use of this Service shall result in interstate transmissions.
CAUTIONS FOR GLOBAL USE AND EXPORT AND IMPORT COMPLIANCE
Due to the global nature of the internet, through the use of our network you hereby agree to comply
with all local rules relating to online conduct and that which is considered acceptable Content.
Uploading, posting and/or transferring of software, technology and other technical data may be
subject to the export and import laws of the United States and possibly other countries. Through
the use of our network, you thus agree to comply with all applicable export and import laws,
statutes and regulations, including, but not limited to, the Export Administration Regulations
(http://www.access.gpo.gov/bis/ear/ear_data.html), as well as the sanctions control program of the
United States (http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx).
Furthermore, you state and pledge that you:
a) are not on the list of prohibited individuals which may be identified on any government
export exclusion report (http://www.bis.doc.gov/complianceandenforcement/liststocheck.htm)
nor a member of any other government which may be part of an export-prohibited country
identified in applicable export and import laws and regulations;
b) agree not to transfer any software, technology or any other technical data through the use of
our network Services to any export-prohibited country;
c) agree not to use our website network Services for any military, nuclear, missile, chemical or
biological weaponry end uses that would be a violation of the U.S. export laws; and
d) agree not to post, transfer nor upload any software, technology or any other technical data
which would be in violation of the U.S. or other applicable export and/or import laws.
CONTENT PLACED OR MADE AVAILABLE FOR COMPANY SERVICES
Firebug Leather shall not lay claim to ownership of any content submitted by any visitor or user,
nor make such content available for inclusion on our website Services. Therefore, you hereby grant
and allow for Firebug Leather the below listed worldwide, royalty-free and non-exclusive licenses,
as applicable:
a) The content submitted or made available for inclusion on the publicly accessible areas of
Firebug Leather’s sites, the license provided to permit to use, distribute, reproduce, modify,
adapt, publicly perform and/or publicly display said Content on our network Services is for
the sole purpose of providing and promoting the specific area to which this content was
placed and/or made available for viewing. This license shall be available so long as you are
a member of Firebug Leather’s sites, and shall terminate at such time when you elect to
discontinue your membership.
b) Photos, audio, video and/or graphics submitted or made available for inclusion on the
publicly accessible areas of Firebug Leather’s sites, the license provided to permit to use,
distribute, reproduce, modify, adapt, publicly perform and/or publicly display said Content
on our network Services are for the sole purpose of providing and promoting the specific
area in which this content was placed and/or made available for viewing. This license shall
be available so long as you are a member of Firebug Leather’s sites and shall terminate at
such time when you elect to discontinue your membership.
c) For any other content submitted or made available for inclusion on the publicly accessible
areas of Firebug Leather’s sites, the continuous, binding and completely sub-licensable
license which is meant to permit to use, distribute, reproduce, modify, adapt, publish,
translate, publicly perform and/or publicly display said content, whether in whole or in part,
and the incorporation of any such Content into other works in any arrangement or medium
current used or later developed.
Those areas which may be deemed “publicly accessible” areas of Firebug Leather’s sites are those
such areas of our network properties which are meant to be available to the general public, and
which would include message boards and groups that are openly available to users. However, those
areas which are not open to the public, and thus available to members only, would include our mail
system and instant messaging.
CONTRIBUTIONS TO COMPANY WEBSITE
Firebug Leather provides an area for our users to contribute feedback to our website. When you
submit ideas, documents, suggestions and/or proposals (“Contributions”) to our site, you
acknowledge and agree that:
a) your contributions do not contain any type of confidential or proprietary information;
b) Firebug Leather shall not be liable or under any obligation to ensure or maintain
confidentiality, expressed or implied, related to any Contributions;
c) Firebug Leather shall be entitled to make use of and/or disclose any such Contributions in
any such manner as they may see fit;
d) the contributor’s Contributions shall automatically become the sole property of Firebug
Leather; and
e) Firebug Leather is under no obligation to either compensate or provide any form of
reimbursement in any manner or nature.
INDEMNITY
All users herein agree to insure and hold Firebug Leather, our subsidiaries, affiliates, agents,
employees, officers, partners and/or licensors blameless or not liable for any claim or demand,
which may include, but is not limited to, reasonable attorney fees made by any third party which
may arise from any content a user of our site may submit, post, modify, transmit or otherwise make
available through our Services, the use of Firebug Leather Services or your connection with these
Services, your violations of the Terms of Service and/or your violation of any such rights of
another person.
COMMERCIAL REUSE OF SERVICES
The user herein agrees not to replicate, duplicate, copy, trade, sell, resell nor exploit for any
commercial reason any part, use of, or access to Firebug Leather’s sites.
MODIFICATIONS
Firebug Leather shall reserve the right at any time it may deem fit, to modify, alter and or
discontinue, whether temporarily or permanently, our service, or any part thereof, with or without
prior notice. In addition, we shall not be held liable to you or to any third party for any such
alteration, modification, suspension and/or discontinuance of our Services, or any part thereof.
ADVERTISERS
Any correspondence or business dealings with, or the participation in any promotions of,
advertisers located on or through our Services, which may include the payment and/or delivery of
such related goods and/or Services, and any such other term, condition, warranty and/or
representation associated with such dealings, are and shall be solely between you and any such
advertiser. Moreover, you herein agree that Firebug Leather shall not be held responsible or liable
for any loss or damage of any nature or manner incurred as a direct result of any such dealings or
as a result of the presence of such advertisers on our website.
LINKS
Either Firebug Leather or any third parties may provide links to other websites and/or resources.
Thus, you acknowledge and agree that we are not responsible for the availability of any such
external sites or resources, and as such, we do not endorse nor are we responsible or liable for any
content, products, advertising or any other materials, on or available from such third party sites or
resources. Furthermore, you acknowledge and agree that Firebug Leather shall not be responsible
or liable, directly or indirectly, for any such damage or loss which may be a result of, caused or
allegedly to be caused by or in connection with the use of or the reliance on any such content,
goods or Services made available on or through any such site or resource.
PROPRIETARY RIGHTS
You do hereby acknowledge and agree that Firebug Leather’s Services and any essential software
that may be used in connection with our Services (“Software”) shall contain proprietary and
confidential material that is protected by applicable intellectual property rights and other laws.
Furthermore, you herein acknowledge and agree that any Content which may be contained in any
advertisements or information presented by and through our Services or by advertisers is protected
by copyrights, trademarks, patents or other proprietary rights and laws. Therefore, except for that
which is expressly permitted by applicable law or as authorized by Firebug Leather or such
applicable licensor, you agree not to alter, modify, lease, rent, loan, sell, distribute, transmit,
broadcast, publicly perform and/or created any plagiaristic works which are based on Firebug
Leather Services (e.g. Content or Software), in whole or part.
Firebug Leather herein has granted you personal, non-transferable and non-exclusive rights and/or
license to make use of the object code or our Software on a single computer, as long as you do not,
and shall not, allow any third party to duplicate, alter, modify, create or plagiarize work from,
reverse engineer, reverse assemble or otherwise make an attempt to locate or discern any source
code, sell, assign, sublicense, grant a security interest in and/or otherwise transfer any such right in
the Software. Furthermore, you do herein agree not to alter or change the Software in any manner,
nature or form, and as such, not to use any modified versions of the Software, including and
without limitation, for the purpose of obtaining unauthorized access to our Services. Lastly, you
also agree not to access or attempt to access our Services through any means other than through the
interface which is provided by Firebug Leather for use in accessing our Services.
WARRANTY DISCLAIMERS
YOU HEREIN EXPRESSLY ACKNOWLEDGE AND AGREE THAT:
a) THE USE OF FIREBUG LEATHER SERVICES AND SOFTWARE ARE AT THE SOLE
RISK BY YOU. OUR SERVICES AND SOFTWARE SHALL BE PROVIDED ON AN
“AS IS” AND/OR “AS AVAILABLE” BASIS. FIREBUG LEATHER AND OUR
SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND
LICENSORS EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES OF ANY KIND
WHETHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY
IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b) FIREBUG LEATHER AND OUR SUBSIDIARIES, OFFICERS, EMPLOYEES,
AGENTS, PARTNERS AND LICENSORS MAKE NO SUCH WARRANTIES THAT (i)
FIREBUG LEATHER SERVICES OR SOFTWARE WILL MEET YOUR
REQUIREMENTS; (ii) FIREBUG LEATHER SERVICES OR SOFTWARE SHALL BE
UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THAT SUCH
RESULTS WHICH MAY BE OBTAINED FROM THE USE OF THE FIREBUG
LEATHER SERVICES OR SOFTWARE WILL BE ACCURATE OR RELIABLE; (iv)
QUALITY OF ANY PRODUCTS, SERVICES, ANY INFORMATION OR OTHER
MATERIAL WHICH MAY BE PURCHASED OR OBTAINED BY YOU THROUGH
OUR SERVICES OR SOFTWARE WILL MEET YOUR EXPECTATIONS; AND (v)
THAT ANY SUCH ERRORS CONTAINED IN THE SOFTWARE SHALL BE
CORRECTED.
c) ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED
BY WAY OF FIREBUG LEATHER SERVICES OR SOFTWARE SHALL BE
ACCESSED BY YOUR SOLE DISCRETION AND SOLE RISK, AND AS SUCH YOU
SHALL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL
CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR
COMPUTER AND/OR INTERNET ACCESS, DOWNLOADING AND/OR
DISPLAYING, OR FOR ANY LOSS OF DATA THAT COULD RESULT FROM THE
DOWNLOAD OF ANY SUCH INFORMATION OR MATERIAL.
d) NO ADVICE AND/OR INFORMATION, DESPITE WHETHER WRITTEN OR ORAL,
THAT MAY BE OBTAINED BY YOU FROM FIREBUG LEATHER OR BY WAY OF
OR FROM OUR SERVICES OR SOFTWARE SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TOS.
e) A SMALL PERCENTAGE OF SOME USERS MAY EXPERIENCE SOME DEGREE OF
EPILEPTIC SEIZURE WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR
BACKGROUNDS THAT MAY BE CONTAINED ON A COMPUTER SCREEN OR
WHILE USING OUR SERVICES. CERTAIN CONDITIONS MAY INDUCE A
PREVIOUSLY UNKNOWN CONDITION OR UNDETECTED EPILEPTIC SYMPTOM
IN USERS WHO HAVE SHOWN NO HISTORY OF ANY PRIOR SEIZURE OR
EPILEPSY. SHOULD YOU, ANYONE YOU KNOW OR ANYONE IN YOUR FAMILY
HAVE AN EPILEPTIC CONDITION, PLEASE CONSULT A PHYSICIAN IF YOU
EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING OUR
SERVICES: DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS
OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR
CONVULSIONS.
LIMITATION OF LIABILITY
YOU EXPLICITLY ACKNOWLEDGE, UNDERSTAND AND AGREE THAT FIREBUG
LEATHER AND OUR SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS,
PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES,
INCLUDING, BUT NOT LIMITED TO, DAMAGES WHICH MAY BE RELATED TO THE
LOSS OF ANY PROFITS, GOODWILL, USE, DATA AND/OR OTHER INTANGIBLE
LOSSES, EVEN THOUGH WE MAY HAVE BEEN ADVISED OF SUCH POSSIBILITY THAT
SAID DAMAGES MAY OCCUR, AND RESULT FROM:
a) THE USE OR INABILITY TO USE OUR SERVICE;
b) THE COST OF PROCURING SUBSTITUTE GOODS AND SERVICES;
c) UNAUTHORIZED ACCESS TO OR THE ALTERATION OF YOUR TRANSMISSIONS
AND/OR DATA;
d) STATEMENTS OR CONDUCT OF ANY SUCH THIRD PARTY ON OUR SERVICE;
e) AND ANY OTHER MATTER WHICH MAY BE RELATED TO OUR SERVICE.
RELEASE
In the event you have a dispute, you agree to release Firebug Leather (and its officers, directors,
employees, agents, parent subsidiaries, affiliates, co-branders, partners and any other third parties)
from claims, demands and damages (actual and consequential) of every kind and nature, known
and unknown, suspected or unsuspected, disclosed and undisclosed, arising out of or in any way
connected to such dispute.
SPECIAL ADMONITION RELATED TO FINANCIAL MATTERS
Should you intend to create or to join any service, receive or request any such news, messages,
alerts or other information from our Services concerning companies, stock quotes, investments or
securities, please review the above Sections Warranty Disclaimers and Limitations of Liability
again. In addition, for this particular type of information, the phrase “Let the investor beware” is
appropriate. Firebug Leather’s content is provided primarily for informational purposes, and no
content that shall be provided or included in our Services is intended for trading or investing
purposes. Firebug Leather and our licensors shall not be responsible or liable for the accuracy,
usefulness or availability of any information transmitted and/or made available by way of our
Services, and shall not be responsible or liable for any trading and/or investment decisions based
on any such information.
EXCLUSION AND LIMITATIONS
THERE ARE SOME JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OF EXCLUSION OF LIABILITY FOR
INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE
LIMITATIONS OF SECTIONS WARRANTY DISCLAIMERS AND LIMITATION OF
LIABILITY MAY NOT APPLY TO YOU.
THIRD PARTY BENEFICIARIES
You herein acknowledge, understand and agree, unless otherwise expressly provided in this TOS,
that there shall be no third-party beneficiaries to this agreement.
NOTICE
Firebug Leather may furnish you with notices, including those with regards to any changes to the
TOS, including but not limited to email, regular mail, MMS or SMS, text messaging, postings on
our website Services, or other reasonable means currently known or any which may be herein after
developed. Any such notices may not be received if you violate any aspects of the TOS by
accessing our Services in an unauthorized manner. Your acceptance of this TOS constitutes your
agreement that you are deemed to have received any and all notices that would have been delivered
had you accessed our Services in an authorized manner.
TRADEMARK INFORMATION
You herein acknowledge, understand and agree that all of the Firebug Leather trademarks,
copyright, trade name, service marks, and other Firebug Leather logos and any brand features,
and/or product and service names are trademarks and as such, are and shall remain the property of
Firebug Leather. You herein agree not to display and/or use in any manner the Firebug Leather
logo or marks without obtaining Firebug Leather’s prior written consent.
COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT CLAIMS NOTICE
& PROCEDURES
Firebug Leather will always respect the intellectual property of others, and we ask that all of our
users do the same. With regards to appropriate circumstances and at its sole discretion, Firebug
Leather may disable and/or terminate the accounts of any user who violates our TOS and/or
infringes the rights of others. If you feel that your work has been duplicated in such a way that
would constitute copyright infringement, or if you believe your intellectual property rights have
been otherwise violated, you should provide to us the following information:
a) The electronic or the physical signature of the individual that is authorized on behalf of the
owner of the copyright or other intellectual property interest;
b) A description of the copyrighted work or other intellectual property that you believe has
been infringed upon;
c) A description of the location of the site which you allege has been infringing upon your
work;
d) Your physical address, telephone number, and email address;
e) A statement, in which you state that the alleged and disputed use of your work is not
authorized by the copyright owner, its agents or the law;
f) And finally, a statement, made under penalty of perjury, that the aforementioned
information in your notice is truthful and accurate, and that you are the copyright or
intellectual property owner, representative or agent authorized to act on the copyright or
intellectual property owner’s behalf.
The Firebug Leather Agent for notice of claims of copyright or other intellectual property
infringement can be contacted as follows:
Mailing Address:
Firebug Leather
Attn: Copyright Agent
4029 W State Highway 7
Nacogdoches, Texas 75964
Telephone: 9365543678
Email: contact@firebugleather.com
CLOSED CAPTIONING
BE IT KNOWN, that Firebug Leather complies with all applicable Federal Communications
Commission rules and regulations regarding the closed captioning of video content. For more
information, please visit our website at firebugleather.com.
GENERAL INFORMATION
ENTIRE AGREEMENT
This TOS constitutes the entire agreement between you and Firebug Leather and shall govern the
use of our Services, superseding any prior version of this TOS between you and us with respect to
Firebug Leather Services. You may also be subject to additional terms and conditions that may
apply when you use or purchase certain other Firebug Leather Services, affiliate Services, thirdparty
content or third-party software.
CHOICE OF LAW AND FORUM
It is at the mutual agreement of both you and Firebug Leather with regard to the TOS that the
relationship between the parties shall be governed by the laws of the state of Texas without regard
to its conflict of law provisions and that any and all claims, causes of action and/or disputes,
arising out of or relating to the TOS, or the relationship between you and Firebug Leather, shall be
filed within the courts having jurisdiction within the County of Nacogdoches, Texas or the U.S.
District Court located in said state. You and Firebug Leather agree to submit to the jurisdiction of
the courts as previously mentioned, and agree to waive any and all objections to the exercise of
jurisdiction over the parties by such courts and to venue in such courts.
WAIVER AND SEVERABILITY OF TERMS
At any time, should Firebug Leather fail to exercise or enforce any right or provision of the TOS,
such failure shall not constitute a waiver of such right or provision. If any provision of this TOS is
found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the
court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the
other provisions of the TOS remain in full force and effect.
STATUTE OF LIMITATIONS
You acknowledge, understand and agree that regardless of any statute or law to the contrary, any
claim or action arising out of or related to the use of our Services or the TOS must be filed within
10 year(s) after said claim or cause of action arose or shall be forever barred.
VIOLATIONS
Please report any and all violations of this TOS to Firebug Leather as follows:
Mailing Address:
Firebug Leather
Attn: Copyright Agent
4029 W State Highway 7
Nacogdoches, Texas 75964
Telephone: 9365543678
Email: contact@firebugleather.com