TERMS AND CONDITIONS

This website is owned and operated by Vista Caballo LLC (“we”, “us”, “our”). These Terms of Use (the “Terms of Use”) contain the terms and provisions applicable to your access to and use of www.vistacaballo.com (the “Website”). Your use of this Website is subject to these Terms of Use (and any other feature, content or application offered from time to time through the Website) and all applicable laws, rules and regulations. Please read these Terms of Use carefully and contact us with any questions.

1. Acceptance of Terms
We welcome you to our Website. By accessing this Website, you agree that you have read, understand and agree to be legally bound by the terms and conditions set forth below. If you do not agree to be bound by these Terms of Use, do not access this Website. These Terms of Use may be modified, changed or altered by us at any time without prior notice. Notwithstanding the foregoing, we will endeavor to notify you of any changes by posting such changes on the Website. In agreeing to these Terms of Use, you also agree that continued access of the Website after such changes are made conclusively demonstrates your acceptance of such changes.

2. No Warranty
Your use of the Website is at your sole risk. The content and information posted on the Website is provided to you “as is” without warranties or representations of any kind. We disclaim and exclude any express or implied warranties or representations, including any warranties as to merchantability or fitness for a particular purpose of the Website to the broadest extent permitted by law. We make no warranties or representations, express or implied, as to the timeliness, accuracy, quality, completeness, or availability of the content and information posted on the Website. We make no warranties or representations that your use of content and information posted on this Website will not infringe rights of third parties.

Any material or software downloaded by you from the Website is done at your own discretion and risk, and we will not be responsible in any way for any damage to your computer system or loss of data that results from the download of any such material.

3. Permitted Uses
This Website is not intended for, and we have no intention of collecting personally identifiable information from, children under the age of 18. The content and information posted on this Website are provided as information to interested persons and may be used for informational and personal purposes only. Modification or use of the materials for any other purpose may violate our (or a third party’s) intellectual property rights. This Website is not intended for commercial use by anyone other than Vista Caballo, LLC. Material from this Website may not be copied, modified, or distributed, by you for any commercial use, without our prior written consent. Any unauthorized use or violation of these Terms of Use immediately and automatically terminates your right to use this Website and may subject you to legal liability.

Unless otherwise expressly authorized in these Terms of Use or on the Website, you may not take any action to interfere with the Website or any other user’s use of the Website. You expressly agree that you will not modify, create derivative works from, or publicly display any content from the Website without our prior written consent.

4. Links to Third Party Sites; Advertisers
The Website may provide you with links or other access to other websites, services, products or content of third parties. We have no control over, nor do we endorse, any such websites, services, products or content. You acknowledge and agree that you access such third party websites, services, products or content at your own risk and are wholly responsible for making your own independent judgment regarding your use or interaction with the same.

5. Privacy Policy
Please see our “Privacy Policy” at http://www.vistacaballo.com/privacy-policy for additional details with respect to how we maintain and respect the privacy of your personal information. You agree to our collection, use and sharing of your information as set forth in our Privacy Policy.

6. Obey the Law
You agree not to use the Website for illegal purposes (including, without limitation, harassing, libelous, invasion of another’s privacy, abusive, threatening or obscene purposes). You agree that you will comply with all laws, rules and regulations related to your use of the Site.

7. Limitation of Liability; Indemnification
Any liability on our part for damages or injury due to or in connection with accessing and/or making use of the Website is excluded to the broadest extent permitted by law. Under no circumstances shall we have any liability for any incidental, indirect or consequential damages, loss of profit, anticipated savings, loss of data, business interruption, loss of goodwill, claims of third parties, delay damage or punitive damages that result from the use of, or inability to use, the materials on the Website, even if there is negligence or we (or one of our authorized representatives) have been advised of the possibility of such damages, or both. You agree to protect and fully indemnify us (and/or our parent, subsidiaries and other affiliated companies) from and against any and all third-party claims, liability, damages, expenses and costs (including, without limitation, reasonable attorneys’ fees) arising from your use of the Website, or violation of these Terms of Use by you or any other user of your account (whether or not authorized).

8. Reservation of Intellectual Property Rights
You do not acquire any right, title or interest in any content on the Website by virtue of accessing the Website or the permitted uses allowed under these Terms of Use. All copyrights in the Website and content contained in the Website are owned by us. No license to use or reproduce any logo or trademark included on the Website is granted to you by these Terms of Use or otherwise. The trademarks, logos, service marks and business names displayed on the Website are protected, whether or not they are registered. Any unauthorized use of content or information posted on the Website and any unauthorized reproduction, retransmission or other use of any part of the Website may infringe our, or third parties’ copyrights, trademarks, privacy, publicity or other rights. Requests for permission to reproduce any content contained in the Website may be addressed to:
Vista Caballo LLC
P.O. Box 797
Dove Creek, CO 81324

9. Miscellaneous
Our rights under these Terms of Use may not be waived unless we agree to such change in writing. These Terms of Use and your account on the Website are personal to you and may not be transferred or assigned. These Terms of Use are governed by U.S. federal law and the laws of the State of Colorado, U.S.A., regardless of your location, without regard to its conflicts of law provisions; and you hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Dolores County, Colorado, U.S.A in all disputes arising out of or relating to the Website. Our performance under these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. These Terms of Use, together with any additional terms and conditions or policies referred to and incorporated herein (including additional terms applicable to various parts of the Website), constitute the entire understanding between you and us regarding the Services. In any judicial or administrative proceedings based upon or relating to these Terms of Use, you agree not to contest the admissibility of a printed version of these Terms of Use, or any notice given in electronic form, as equivalent to business documents and records originally generated and maintained in printed form.

10. Notices and Contact Information
We may give you notice of certain events from time to time and may be required by state or federal law to notify you of certain events. You hereby acknowledge and consent that such notices will be effective upon our posting them on the Website or (if we choose to do so in our sole discretion) delivering them to you through email if you have provided us with your accurate email address. If you have questions or comments for us, please send them to:
Vista Caballo LLC
P.O. Box 797
Dove Creek, CO 81324
Effective Date
These Terms of Use are effective and were last updated on July 3, 2013.

Privacy

Vista Caballo LLC (“Company”, “we” or “us”), the operator of this web site, is committed to preserving the privacy of those who visit our www.vistacaballo.com site (“Site”). This document will outline how we gather and utilize various sources of information obtained during your visit to the Site. This Privacy Statement applies solely to information collected at this Site. By using or accessing the Site, you signify your assent to our Privacy Policy.

IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.PERSONAL AND NON-PERSONAL INFORMATION

When using the Site, in order to utilize some of the services, you may be asked to provide, or you may choose to upload, certain personally identifiable information about yourself (“Personal Information”). Personal Information can include your name, birth date, gender, email address, physical address and telephone number or other information you may provide. Similarly, when you post a photograph, enter or respond to a contest, survey, sweepstakes or other promotional feature, we may ask you for your name, address, and email address or other personal information.

In addition, we may also collect non-personally identifiable information, such as IP host address, pages viewed, browser type, duration and frequency of visits, and other data, and may aggregate any information collected in a manner which does not identify any individual (“Aggregate Information”). Information obtained in connection with the Site may be intermingled with and used by us in conjunction with information obtained through sources other than the Site, including both offline and online sources.

INFORMATION USAGE
We may use the Personal Information we collect to contact you about our products and services or those of our partners or other third parties from time to time. We do not sell your Personal Information to third parties or mass marketers. For example, we will not sell another company your name or email address. Unless you consent to the disclosure of your Personal Information, only we and our affiliates, our technical consultants, third party auditors and other third parties who make our Site available, enhance its functionality, or provide associated services and/or who deal with you in delivering content, samples, products, gifts and prizes, have access to this information, and we require them to agree that they are covered by this policy.

Please note that Company reserves the right to and may disclose Personal Information about you in response to (a) requests from local, state or federal law enforcement officials; (b) any judicial, administrative or similar proceeding or order, such as subpoena; (c) if required by law; or (d) to investigate suspected fraud, harassment, physical threats, or other violations of any law, rule or regulation, the Site rules or policies, or the rights of third parties or to investigate any suspected conduct which we deem improper. Please also note that we do reserve the right to transfer your personally identifiable information and other information to our successors in business and purchasers of site assets.

PROTECTION FOR CHILDREN
This Site is not intended for users under the age of 18, and we have no intention of collecting Personal Information from children (i.e., individuals under the age of 18). Where appropriate, we take reasonable measures to inform children not to submit such information to our site or in response to advertisements. If a child has provided us with personally identifiable information, we will use all reasonable efforts to delete such information from our database.

Our Site may contain links to other web sites, including our affiliated or co-branded web sites. Other web sites may also reference or link to our Site. These “other” domains (web sites) are not controlled by Company. We encourage our users to be aware when they leave our Site to read the privacy policies of each and every web site that collects personally identifiable information. We do not endorse, screen or approve, and are not responsible for the privacy practices or content of such other web sites. Visiting these other web sites is at your own risk.

COOKIES
Our Site may pass a “cookie” (a string of information that is sent by a web site to be resident on your system’s hard drive, and/or temporarily in your computer’s memory blocks). The purpose of a cookie is to tell the web server that you have returned to a particular page. You may set your browser to decline cookies. If you do so, however, you may not be able to fully experience some interactive features of the Site.

CLICKSTREAM
As you use the Internet, a trail of electronic information is left at each web site you visit. This information, which is sometimes referred to as “clickstream data,” can be collected and stored by a web site’s server. Clickstream data can tell us the type of computer and browsing software you use and the address of the web site from which you linked to the Site. We may collect and use clickstream data as a form of Aggregate Information to anonymously determine how much time visitors spend on each page of our Site, how visitors navigate throughout the Site and how we may tailor our web pages to better meet the needs of visitors. This information will be used to improve our Site and our services. Any collection or use of clickstream data will be anonymous and aggregate, and will not intentionally contain any Personal Information.

SECURITY
Company will not be liable for disclosures of your Personal Information due to errors in transmission or unauthorized acts of third parties. We have undertaken all commercially reasonable efforts to prevent unauthorized Internet access to visitor data retained in our servers, however, due to the inherent open nature of the Internet, Company cannot ensure or warrant the security of any information you transmit to us or any information provided online, and you do so at your own risk. Users must accept all risks associated with any data transmission, including the risk that their personal information may be intercepted in transit.

POLICY MODIFICATIONS /OPT-OUT
We reserve the right, at our discretion, to change, modify, add, or remove portions from this policy at any time. However, if at any time in the future we plan to use Personal Information in a way that differs from this policy, we will post such changes here. Your continued use of the Service following the posting of any changes to this policy means you accept such changes. Please check this page periodically for changes to this Privacy Policy. We give you the option to remove your Personal Information from our list of active users completely. All unsubscribe or opt-out requests should be sent to us at la@vistacaballo.com, and we will process your request within a reasonable time after receipt. We are not responsible for removing your Personal Information from the lists of any third party who has previously been provided your information in accordance with this policy.

COMMUNICATIONS WITH COMPANY
By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us, provided that, we will not sell or give your email address to another party to promote their products or services directly to you. Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

SITE TERMS AND CONDITIONS
Use of this Site is also governed by, and subject to, the legal notices contained at http://www.vistacaballo.com/legal-notice. Your use, or access, of the Site constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SITE.

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